1

I

103D CONGRESS

1ST SESSION H. R. 1758

To revise, codify, and enact without substantive change certain general and

permanent laws, related to transportation, as subtitles II, III, and V–X

of title 49, United States Code, ‘‘Transportation’’, and to make other technical improvements in the Code.

IN THE HOUSE OF REPRESENTATIVES

APRIL 21, 1993

Mr. BROOKS introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To revise, codify, and enact without substantive change certain general and

permanent laws, related to transportation, as subtitles II, III, and V–

X of title 49, United States Code, ‘‘Transportation’’, and to make other

technical improvements in the Code.

1 Be it enacted by the Senate and House of Representatives of the United

2 States of America in Congress assembled,

3 SUBTITLES II, III, AND V–X OF TITLE 49, UNITED STATES CODE

4 SECTION 1. (a) Certain general and permanent laws of the United States,

5 related to transportation, are revised, codified, and enacted by subsections

6 (c)–(e) of this section without substantive change as subtitles II, III, and

7 V–X of title 49, United States Code, ‘‘Transportation’’. Those laws may be

8 cited as ‘‘49 U.S.C. ––––––’’.
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1 (b) Title 49, United States Code, is amended by striking the table of sub2 titles at the beginning of the title and substituting the following new table

3 of subtitles:

‘‘SUBTITLE Sec.

‘‘I. DEPARTMENT OF TRANSPORTATION ................................................... 101

‘‘II. OTHER GOVERNMENT AGENCIES .......................................................... 1101

‘‘III. GENERAL AND INTERMODAL PROGRAMS ............................................ 5101

‘‘IV. INTERSTATE COMMERCE .......................................................................... 10101

‘‘V. RAIL PROGRAMS .......................................................................................... 20101

‘‘VI. MOTOR VEHICLE AND DRIVER PROGRAMS ......................................... 30101

‘‘VII. AVIATION PROGRAMS ................................................................................. 40101

‘‘VIII. PIPELINES ..................................................................................................... 60101

‘‘IX. COMMERCIAL SPACE TRANSPORTATION ............................................. 70101

‘‘X. MISCELLANEOUS ......................................................................................... 80101’’.

4 (c) Title 49, United States Code, is amended by striking subtitle II, ex5 cept that chapter 31 (comprising sections 3101–3104) of subtitle II is re6 designated and restated as chapter 315 (comprising sections 31501–31504)

7 of subtitle VI of title 49, as enacted by subsection (e) of this section.

8 (d) Title 49, United States Code, is amended by adding the following im9 mediately after subtitle I:

10 SUBTITLE II—OTHER GOVERNMENT AGENCIES

CHAPTER Sec.

11. NATIONAL TRANSPORTATION SAFETY BOARD .................................. 1101

11 CHAPTER 11—NATIONAL TRANSPORTATION SAFETY

12 BOARD

SUBCHAPTER I—GENERAL

Sec.

1101. Definitions.

SUBCHAPTER II—ORGANIZATION AND ADMINISTRATIVE

1111. General organization.

1112. Special boards of inquiry on air transportation safety.

1113. Administrative.

1114. Disclosure, availability, and use of information.

1115. Training.

1116. Reports and studies.

1117. Annual report.

1118. Authorization of appropriations.

SUBCHAPTER III—AUTHORITY

1131. General authority.

1132. Civil aircraft accident investigations.

1133. Review of other agency action.

1134. Inspections and autopsies.

1135. Secretary of Transportation’s responses to safety recommendations.

SUBCHAPTER IV—ENFORCEMENT AND PENALTIES

1151. Aviation enforcement.

1152. Joinder and intervention in aviation proceedings.

1153. Judicial review.

1154. Discovery and use of cockpit voice and other material.

1155. Aviation penalties.

13 SUBCHAPTER I—GENERAL

14 § 1101. Definitions

15 Section 40102(a) of this title applies to this chapter.
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1 SUBCHAPTER II—ORGANIZATION AND ADMINISTRATIVE

2 § 1111. General organization

3 (a) ORGANIZATION.—The National Transportation Safety Board is an

4 independent establishment of the United States Government.

5 (b) APPOINTMENT OF MEMBERS.—The Board is composed of 5 members

6 appointed by the President, by and with the advice and consent of the Sen7 ate. Not more than 3 members may be appointed from the same political

8 party. At least 3 members shall be appointed on the basis of technical quali9 fication, professional standing, and demonstrated knowledge in accident re10 construction, safety engineering, human factors, transportation safety, or

11 transportation regulation.

12 (c) TERMS OF OFFICE AND REMOVAL.—The term of office of each mem13 ber is 5 years. An individual appointed to fill a vacancy occurring before

14 the expiration of the term for which the predecessor of that individual was

15 appointed, is appointed for the remainder of that term. When the term of

16 office of a member ends, the member may continue to serve until a succes17 sor is appointed and qualified. The President may remove a member for in18 efficiency, neglect of duty, or malfeasance in office.

19 (d) CHAIRMAN AND VICE CHAIRMAN.—The President shall designate, by

20 and with the advice and consent of the Senate, a Chairman of the Board.

21 The President also shall designate a Vice Chairman of the Board. The

22 terms of office of both the Chairman and Vice Chairman are 2 years. When

23 the Chairman is absent or unable to serve or when the position of Chairman

24 is vacant, the Vice Chairman acts as Chairman.

25 (e) DUTIES AND POWERS OF CHAIRMAN.—The Chairman is the chief ex26 ecutive and administrative officer of the Board. Subject to the general poli27 cies and decisions of the Board, the Chairman shall—

28 (1) appoint, supervise, and fix the pay of officers and employees nec29 essary to carry out this chapter;

30 (2) distribute business among the officers, employees, and adminis31 trative units of the Board; and

32 (3) supervise the expenditures of the Board.

33 (f) QUORUM.—Three members of the Board are a quorum in carrying out

34 duties and powers of the Board.

35 (g) OFFICES, BUREAUS, AND DIVISIONS.—The Board shall establish of36 fices necessary to carry out this chapter, including an office to investigate

37 and report on the safe transportation of hazardous material. The Board

38 shall establish distinct and appropriately staffed bureaus, divisions, or of39 fices to investigate and report on accidents involving each of the following

40 modes of transportation:

41 (1) aviation.
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1 (2) highway and motor vehicle.

2 (3) rail and tracked vehicle.

3 (4) pipeline.

4 (h) SEAL.—The Board shall have a seal that shall be judicially recog5 nized.

6 § 1112. Special boards of inquiry on air transportation safe7 ty

8 (a) ESTABLISHMENT.—If an accident involves a substantial question

9 about public safety in air transportation, the National Transportation Safe10 ty Board may establish a special board of inquiry composed of—

11 (1) one member of the Board acting as Chairman; and

12 (2) 2 members representing the public, appointed by the President

13 on notification of the establishment of the special board of inquiry.

14 (b) QUALIFICATIONS AND CONFLICTS OF INTEREST.—The public mem15 bers of a special board of inquiry must be qualified by training and experi16 ence to participate in the inquiry and may not have a pecuniary interest

17 in an aviation enterprise involved in the accident to be investigated.

18 (c) AUTHORITY.—A special board of inquiry has the same authority that

19 the Board has under this chapter.

20 § 1113. Administrative

21 (a) GENERAL AUTHORITY.—(1) The National Transportation Safety

22 Board, and when authorized by it, a member of the Board, an administra23 tive law judge employed by or assigned to the Board, or an officer or em24 ployee designated by the Chairman of the Board, may conduct hearings to

25 carry out this chapter, administer oaths, and require, by subpena or other26 wise, necessary witnesses and evidence.

27 (2) A witness or evidence in a hearing under paragraph (1) of this sub28 section may be summoned or required to be produced from any place in the

29 United States to the designated place of the hearing. A witness summoned

30 under this subsection is entitled to the same fee and mileage the witness

31 would have been paid in a court of the United States.

32 (3) A subpena shall be issued under the signature of the Chairman or

33 the Chairman’s delegate but may be served by any person designated by the

34 Chairman.

35 (4) If a person disobeys a subpena, order, or inspection notice of the

36 Board, the Board may bring a civil action in a district court of the United

37 States to enforce the subpena, order, or notice. An action under this para38 graph may be brought in the judicial district in which the person against

39 whom the action is brought resides, is found, or does business. The court

40 may punish a failure to obey an order of the court to comply with the sub41 pena, order, or notice as a contempt of court.
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1 (b) ADDITIONAL POWERS.—(1) The Board may—

2 (A) procure the temporary or intermittent services of experts or con3 sultants under section 3109 of title 5;

4 (B) make agreements and other transactions necessary to carry out

5 this chapter without regard to section 3709 of the Revised Statutes (41

6 U.S.C. 5);

7 (C) use, when appropriate, available services, equipment, personnel,

8 and facilities of a department, agency, or instrumentality of the United

9 States Government on a reimbursable or other basis;

10 (D) confer with employees and use services, records, and facilities of

11 State and local governmental authorities;

12 (E) appoint advisory committees composed of qualified private citi13 zens and officials of the Government and State and local governments

14 as appropriate;

15 (F) accept voluntary and uncompensated services notwithstanding

16 another law;

17 (G) accept gifts of money and other property;

18 (H) make contracts with nonprofit entities to carry out studies relat19 ed to duties and powers of the Board; and

20 (I) require that the departments, agencies, and instrumentalities of

21 the Government, State and local governments, and governments of for22 eign countries provide appropriate consideration for the reasonable

23 costs of goods and services supplied by the Board.

24 (2) The Board shall deposit in the Treasury amounts received under

25 paragraph (1)(I) of this subsection to be credited to the appropriation of

26 the Board.

27 (c) SUBMISSION OF CERTAIN COPIES TO CONGRESS.—When the Board

28 submits to the President or the Director of the Office of Management and

29 Budget a budget estimate, budget request, supplemental budget estimate,

30 other budget information, a legislative recommendation, prepared testimony

31 for congressional hearings, or comments on legislation, the Board must sub32 mit a copy to Congress at the same time. An officer, department, agency,

33 or instrumentality of the Government may not require the Board to submit

34 the estimate, request, information, recommendation, testimony, or comments

35 to another officer, department, agency, or instrumentality of the Govern36 ment for approval, comment, or review before being submitted to Congress.

37 (d) LIAISON COMMITTEES.—The Chairman may determine the number of

38 committees that are appropriate to maintain effective liaison with other de39 partments, agencies, and instrumentalities of the Government, State and

40 local governmental authorities, and independent standard-setting authorities
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1 that carry out programs and activities related to transportation safety. The

2 Board may designate representatives to serve on or assist those committees.

3 (e) INQUIRIES.—The Board, or an officer or employee of the Board des4 ignated by the Chairman, may conduct an inquiry to obtain information re5 lated to transportation safety after publishing notice of the inquiry in the

6 Federal Register. The Board or designated officer or employee may require

7 by order a department, agency, or instrumentality of the Government, a

8 State or local governmental authority, or a person transporting individuals

9 or property in commerce to submit to the Board a written report and an10 swers to requests and questions related to a duty or power of the Board.

11 The Board may prescribe the time within which the report and answers

12 must be given to the Board or to the designated officer or employee. Copies

13 of the report and answers shall be made available for public inspection.

14 (f) REGULATIONS.—The Board may prescribe regulations to carry out

15 this chapter.

16 § 1114. Disclosure, availability, and use of information

17 (a) GENERAL.—Except as provided in subsections (b) and (c) of this sec18 tion, a copy of a record, information, or investigation submitted or received

19 by the National Transportation Safety Board, or a member or employee of

20 the Board, shall be made available to the public on identifiable request and

21 at reasonable cost. This subsection does not require the release of informa22 tion described by section 552(b) of title 5 or protected from disclosure by

23 another law of the United States.

24 (b) TRADE SECRETS.—(1) The Board may disclose information related

25 to a trade secret referred to in section 1905 of title 18 only—

26 (A) to another department, agency, or instrumentality of the United

27 States Government when requested for official use;

28 (B) to a committee of Congress having jurisdiction over the subject

29 matter to which the information is related, when requested by that

30 committee;

31 (C) in a judicial proceeding under a court order that preserves the

32 confidentiality of the information without impairing the proceeding; and

33 (D) to the public to protect health and safety after giving notice to

34 any interested person to whom the information is related and an oppor35 tunity for that person to comment in writing, or orally in closed ses36 sion, on the proposed disclosure, if the delay resulting from notice and

37 opportunity for comment would not be detrimental to health and safety.

38 (2) Information disclosed under paragraph (1) of this subsection may be

39 disclosed only in a way designed to preserve its confidentiality.

40 (c) COCKPIT VOICE RECORDINGS AND TRANSCRIPTS.—(1) The Board

41 may not disclose publicly any part of a cockpit voice recorder recording or
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1 transcript of oral communications by and between flight crew members and

2 ground stations related to an accident or incident investigated by the Board.

3 However, the Board shall make public any part of a transcript the Board

4 decides is relevant to the accident or incident—

5 (A) if the Board holds a public hearing on the accident or incident,

6 at the time of the hearing; or

7 (B) if the Board does not hold a public hearing, at the time a major8 ity of the other factual reports on the accident or incident are placed

9 in the public docket.

10 (2) This subsection does not prevent the Board from referring at any

11 time to cockpit voice recorder information in making safety recommenda12 tions.

13 (d) DRUG TESTS.—(1) Notwithstanding section 503(e) of the Supple14 mental Appropriations Act, 1987 (Public Law 100–71, 101 Stat. 471), the

15 Secretary of Transportation shall provide the following information to the

16 Board when requested in writing by the Board:

17 (A) any report of a confirmed positive toxicological test, verified as

18 positive by a medical review officer, conducted on an officer or em19 ployee of the Department of Transportation under post-accident, un20 safe practice, or reasonable suspicion toxicological testing requirements

21 of the Department, when the officer or employee is reasonably associ22 ated with the circumstances of an accident or incident under the inves23 tigative jurisdiction of the Board.

24 (B) any laboratory record documenting that the test is confirmed

25 positive.

26 (2) Except as provided by paragraph (3) of this subsection, the Board

27 shall maintain the confidentiality of, and exempt from disclosure under sec28 tion 552(b)(3) of title 5—

29 (A) a laboratory record provided the Board under paragraph (1) of

30 this subsection that reveals medical use of a drug allowed under appli31 cable regulations; and

32 (B) medical information provided by the tested officer or employee

33 related to the test or a review of the test.

34 (3) The Board may use a laboratory record made available under para35 graph (1) of this subsection to develop an evidentiary record in an investiga36 tion of an accident or incident if—

37 (A) the fitness of the tested officer or employee is at issue in the

38 investigation; and

39 (B) the use of that record is necessary to develop the evidentiary

40 record.
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1 § 1115. Training

2 (a) DEFINITION.—In this section, ‘‘Institute’’ means the Transportation

3 Safety Institute of the Department of Transportation and any successor or4 ganization of the Institute.

5 (b) USE OF INSTITUTE SERVICES.—The National Transportation Safety

6 Board may use, on a reimbursable basis, the services of the Institute. The

7 Secretary of Transportation shall make the Institute available to—

8 (1) the Board for safety training of employees of the Board in carry9 ing out their duties and powers; and

10 (2) other safety personnel of the United States Government, State

11 and local governments, governments of foreign countries, interstate au12 thorities, and private organizations the Board designates in consulta13 tion with the Secretary.

14 (c) FEES.—(1) Training at the Institute for safety personnel (except em15 ployees of the Government) shall be provided at a reasonable fee established

16 periodically by the Board in consultation with the Secretary. The fee shall

17 be paid directly to the Secretary, and the Secretary shall deposit the fee in

18 the Treasury. The amount of the fee—

19 (A) shall be credited to the appropriate appropriation (subject to the

20 requirements of any annual appropriation); and

21 (B) is an offset against any annual reimbursement agreement be22 tween the Board and the Secretary to cover all reasonable costs of pro23 viding training under this subsection that the Secretary incurs in oper24 ating the Institute.

25 (2) The Board shall maintain an annual record of offsets under para26 graph (1)(B) of this subsection.

27 § 1116. Reports and studies

28 (a) PERIODIC REPORTS.—The National Transportation Safety Board

29 shall report periodically to Congress, departments, agencies, and instrumen30 talities of the United States Government and State and local governmental

31 authorities concerned with transportation safety, and other interested per32 sons. The report shall—

33 (1) advocate meaningful responses to reduce the likelihood of trans34 portation accidents similar to those investigated by the Board; and

35 (2) propose corrective action to make the transportation of individ36 uals as safe and free from risk of injury as possible, including action

37 to minimize personal injuries that occur in transportation accidents.

38 (b) STUDIES, INVESTIGATIONS, AND OTHER REPORTS.—The Board also

39 shall—

40 (1) carry out special studies and investigations about transportation

41 safety, including avoiding personal injury;
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1 (2) examine techniques and methods of accident investigation and

2 periodically publish recommended procedures for accident investiga3 tions;

4 (3) prescribe requirements for persons reporting accidents and avia5 tion incidents that—

6 (A) may be investigated by the Board under this chapter; or

7 (B) involve public aircraft (except aircraft of the armed forces

8 and the intelligence agencies);

9 (4) evaluate, examine the effectiveness of, and publish the findings

10 of the Board about the transportation safety consciousness of other de11 partments, agencies, and instrumentalities of the Government and their

12 effectiveness in preventing accidents; and

13 (5) evaluate the adequacy of safeguards and procedures for the

14 transportation of hazardous material and the performance of other de15 partments, agencies, and instrumentalities of the Government respon16 sible for the safe transportation of that material.

17 § 1117. Annual report

18 The National Transportation Safety Board shall submit a report to Con19 gress on July 1 of each year. The report shall include—

20 (1) a statistical and analytical summary of the transportation acci21 dent investigations conducted and reviewed by the Board during the

22 prior calendar year;

23 (2) a survey and summary of the recommendations made by the

24 Board to reduce the likelihood of recurrence of those accidents together

25 with the observed response to each recommendation;

26 (3) a detailed appraisal of the accident investigation and accident

27 prevention activities of other departments, agencies, and instrumental28 ities of the United States Government and State and local govern29 mental authorities having responsibility for those activities under a law

30 of the United States or a State; and

31 (4) an evaluation conducted every 2 years of transportation safety

32 and recommendations for legislative and administrative action and

33 change.

34 § 1118. Authorization of appropriations

35 (a) GENERAL.—Not more than $38,800,000 may be appropriated to the

36 National Transportation Safety Board for the fiscal year ending September

37 30, 1993, to carry out this chapter.

38 (b) EMERGENCY FUND.—The Board has an emergency fund of

39 $1,000,000 available for necessary expenses of the Board, not otherwise

40 provided for, for accident investigations. The following amounts may be ap41 propriated to the fund:
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1 (1) $1,000,000 to establish the fund.

2 (2) amounts equal to amounts expended annually out of the fund.

3 (c) AVAILABILITY OF AMOUNTS.—Amounts appropriated under this sec4 tion remain available until expended.

5 SUBCHAPTER III—AUTHORITY

6 § 1131. General authority

7 (a) GENERAL.—(1) The National Transportation Safety Board shall in8 vestigate or have investigated (in detail the Board prescribes) and establish

9 the facts, circumstances, and cause or probable cause of—

10 (A) an aircraft accident the Board has authority to investigate under

11 section 1132 of this title;

12 (B) a highway accident, including a railroad grade crossing accident,

13 the Board selects in cooperation with a State;

14 (C) a railroad accident in which there is a fatality or substantial

15 property damage, or that involves a passenger train;

16 (D) a pipeline accident in which there is a fatality, substantial prop17 erty damage, or significant injury to the environment;

18 (E) a major marine casualty (except a casualty involving only public

19 vessels) occurring on the navigable waters or territorial sea of the Unit20 ed States, or involving a vessel of the United States, under regulations

21 prescribed jointly by the Board and the head of the department in

22 which the Coast Guard is operating; and

23 (F) any other accident related to the transportation of individuals or

24 property when the Board decides—

25 (i) the accident is catastrophic;

26 (ii) the accident involves problems of a recurring character; or

27 (iii) the investigation of the accident would carry out this chap28 ter.

29 (2) An investigation by the Board under paragraph (1)(A)–(D) or (F) of

30 this subsection has priority over any investigation by another department,

31 agency, or instrumentality of the United States Government. The Board

32 shall provide for appropriate participation by other departments, agencies,

33 or instrumentalities in the investigation. However, those departments, agen34 cies, or instrumentalities may not participate in the decision of the Board

35 about the probable cause of the accident.

36 (3) This section and sections 1113, 1116(b), 1133, and 1134(a) and (c)–

37 (e) of this title do not affect the authority of another department, agency,

38 or instrumentality of the Government to investigate an accident under appli39 cable law or to obtain information directly from the parties involved in, and

40 witnesses to, the accident. The Board and other departments, agencies, and
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1 instrumentalities shall ensure that appropriate information developed about

2 the accident is exchanged in a timely manner.

3 (b) ACCIDENTS INVOLVING PUBLIC VESSELS.—(1) The Board or the

4 head of the department in which the Coast Guard is operating shall inves5 tigate and establish the facts, circumstances, and cause or probable cause

6 of a marine accident involving a public vessel and any other vessel. The re7 sults of the investigation shall be made available to the public.

8 (2) Paragraph (1) of this subsection and subsection (a)(1)(E) of this sec9 tion do not affect the responsibility, under another law of the United States,

10 of the head of the department in which the Coast Guard is operating.

11 (c) ACCIDENTS NOT INVOLVING GOVERNMENT MISFEASANCE OR NON12 FEASANCE.—(1) When asked by the Board, the Secretary of Transportation

13 may—

14 (A) investigate an accident described under subsection (a) or (b) of

15 this section in which misfeasance or nonfeasance by the Government

16 has not been alleged; and

17 (B) report the facts and circumstances of the accident to the Board.

18 (2) The Board shall use the report in establishing cause or probable cause

19 of an accident described under subsection (a) or (b) of this section.

20 (d) ACCIDENT REPORTS.—The Board shall report on the facts and cir21 cumstances of each accident investigated by it under subsection (a) or (b)

22 of this section. The Board shall make each report available to the public

23 at reasonable cost.

24 § 1132. Civil aircraft accident investigations

25 (a) GENERAL AUTHORITY.—(1) The National Transportation Safety

26 Board shall investigate—

27 (A) each accident involving civil aircraft; and

28 (B) with the participation of appropriate military authorities, each

29 accident involving both military and civil aircraft.

30 (2) A person employed under section 1113(b)(1) of this title that is con31 ducting an investigation or hearing about an aircraft accident has the same

32 authority to conduct the investigation or hearing as the Board.

33 (b) NOTIFICATION AND REPORTING.—The Board shall prescribe regula34 tions governing the notification and reporting of accidents involving civil air35 craft.

36 (c) PARTICIPATION OF SECRETARY.—The Board shall provide for the

37 participation of the Secretary of Transportation in the investigation of an

38 aircraft accident under this chapter when participation is necessary to carry

39 out the duties and powers of the Secretary. However, the Secretary may not

40 participate in establishing probable cause.
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1 (d) ACCIDENTS INVOLVING ONLY MILITARY AIRCRAFT.—If an accident

2 involves only military aircraft and a duty of the Secretary is or may be in3 volved, the military authorities shall provide for the participation of the Sec4 retary. In any other accident involving only military aircraft, the military

5 authorities shall give the Board or Secretary information the military au6 thorities decide would contribute to the promotion of air safety.

7 § 1133. Review of other agency action

8 The National Transportation Safety Board shall review on appeal—

9 (1) the denial, amendment, modification, suspension, or revocation of

10 a certificate issued by the Secretary of Transportation under section

11 44703, 44709, or 44710 of this title;

12 (2) the revocation of a certificate of registration under section 44106

13 of this title; and

14 (3) a decision of the head of the department in which the Coast

15 Guard is operating on an appeal from the decision of an administrative

16 law judge denying, revoking, or suspending a license, certificate, docu17 ment, or register in a proceeding under section 6101, 6301, or 7503,

18 chapter 77, or section 9303 of title 46.

19 § 1134. Inspections and autopsies

20 (a) ENTRY AND INSPECTION.—An officer or employee of the National

21 Transportation Safety Board—

22 (1) on display of appropriate credentials and written notice of inspec23 tion authority, may enter property where a transportation accident has

24 occurred or wreckage from the accident is located and do anything nec25 essary to conduct an investigation; and

26 (2) during reasonable hours, may inspect any record, process, con27 trol, or facility related to an accident investigation under this chapter.

28 (b) INSPECTION, TESTING, PRESERVATION, AND MOVING OF AIRCRAFT

29 AND PARTS.—(1) In investigating an aircraft accident under this chapter,

30 the Board may inspect and test, to the extent necessary, any civil aircraft,

31 aircraft engine, propeller, appliance, or property on an aircraft involved in

32 an accident in air commerce.

33 (2) Any civil aircraft, aircraft engine, propeller, appliance, or property on

34 an aircraft involved in an accident in air commerce shall be preserved, and

35 may be moved, only as provided by regulations of the Board.

36 (c) AVOIDING UNNECESSARY INTERFERENCE AND PRESERVING EVI37 DENCE.—In carrying out subsection (a)(1) of this section, an officer or em38 ployee may examine or test any vehicle, vessel, rolling stock, track, or pipe39 line component. The examination or test shall be conducted in a way that—
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1 (1) does not interfere unnecessarily with transportation services pro2 vided by the owner or operator of the vehicle, vessel, rolling stock,

3 track, or pipeline component; and

4 (2) to the maximum extent feasible, preserves evidence related to the

5 accident, consistent with the needs of the investigation and with the co6 operation of that owner or operator.

7 (d) EXCLUSIVE AUTHORITY OF BOARD.—Only the Board has the author8 ity to decide on the way in which testing under this section will be con9 ducted, including decisions on the person that will conduct the test, the type

10 of test that will be conducted, and any individual who will witness the test.

11 The Board shall make any of those decisions based on the needs of the in12 vestigation being conducted and, when applicable, this subsection and sub13 sections (a), (c), and (e) of this section.

14 (e) PROMPTNESS OF TESTS AND AVAILABILITY OF RESULTS.—An in15 spection, examination, or test under subsection (a) or (c) of this section

16 shall be started and completed promptly, and the results shall be made

17 available.

18 (f) AUTOPSIES.—(1) The Board may order an autopsy to be performed

19 and have other tests made when necessary to investigate an accident under

20 this chapter. However, local law protecting religious beliefs related to autop21 sies shall be observed to the extent consistent with the needs of the accident

22 investigation.

23 (2) With or without reimbursement, the Board may obtain a copy of an

24 autopsy report performed by a State or local official on an individual who

25 died because of a transportation accident investigated by the Board under

26 this chapter.

27 § 1135. Secretary of Transportation’s responses to safety

28 recommendations

29 (a) GENERAL.—When the National Transportation Safety Board submits

30 a recommendation about transportation safety to the Secretary of Transpor31 tation, the Secretary shall give a formal written response to each rec32 ommendation not later than 90 days after receiving the recommendation.

33 The response shall indicate whether the Secretary intends—

34 (1) to carry out procedures to adopt the complete recommendation;

35 (2) to carry out procedures to adopt a part of the recommendation;

36 or

37 (3) to refuse to carry out procedures to adopt the recommendation.

38 (b) TIMETABLE FOR COMPLETING PROCEDURES AND REASONS FOR RE39 FUSALS.—A response under subsection (a)(1) or (2) of this section shall in40 clude a copy of a proposed timetable for completing the procedures. A re41 sponse under subsection (a)(2) of this section shall detail the reasons for
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1 the refusal to carry out procedures on the remainder of the recommenda2 tion. A response under subsection (a)(3) of this section shall detail the rea3 sons for the refusal to carry out procedures.

4 (c) PUBLIC AVAILABILITY.—The Board shall make a copy of each rec5 ommendation and response available to the public at reasonable cost.

6 (d) REPORTS TO CONGRESS.—The Secretary shall submit to Congress on

7 January 1 of each year a report containing each recommendation on trans8 portation safety made by the Board to the Secretary during the prior year

9 and a copy of the Secretary’s response to each recommendation.

10 SUBCHAPTER IV—ENFORCEMENT AND PENALTIES

11 § 1151. Aviation enforcement

12 (a) CIVIL ACTIONS BY BOARD.—The National Transportation Safety

13 Board may bring a civil action in a district court of the United States

14 against a person to enforce section 1132, 1134(b) or (f)(1), or 1155(a) of

15 this title or a regulation prescribed or order issued under any of those sec16 tions. An action under this subsection may be brought in the judicial district

17 in which the person does business or the violation occurred.

18 (b) CIVIL ACTIONS BY ATTORNEY GENERAL.—On request of the Board,

19 the Attorney General may bring a civil action in an appropriate court—

20 (1) to enforce section 1132, 1134(b) or (f)(1), or 1155(a) of this

21 title or a regulation prescribed or order issued under any of those sec22 tions; and

23 (2) to prosecute a person violating those sections or a regulation pre24 scribed or order issued under any of those sections.

25 (c) PARTICIPATION OF BOARD.—On request of the Attorney General, the

26 Board may participate in a civil action to enforce section 1132, 1134(b) or

27 (f)(1), or 1155(a) of this title.

28 § 1152. Joinder and intervention in aviation proceedings

29 A person interested in or affected by a matter under consideration in a

30 proceeding or a civil action to enforce section 1132, 1134(b) or (f)(1), or

31 1155(a) of this title, or a regulation prescribed or order issued under any

32 of those sections, may be joined as a party or permitted to intervene in the

33 proceeding or civil action.

34 § 1153. Judicial review

35 (a) GENERAL.—The appropriate court of appeals of the United States or

36 the United States Court of Appeals for the District of Columbia Circuit may

37 review a final order of the National Transportation Safety Board under this

38 chapter. A person disclosing a substantial interest in the order may apply

39 for review by filing a petition not later than 60 days after the order of the

40 Board is issued.
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1 (b) AVIATION MATTERS.—(1) A person disclosing a substantial interest

2 in an order related to an aviation matter issued by the Board under this

3 chapter may apply for review of the order by filing a petition for review in

4 the United States Court of Appeals for the District of Columbia Circuit or

5 in the court of appeals of the United States for the circuit in which the

6 person resides or has its principal place of business. The petition must be

7 filed not later than 60 days after the order is issued. The court may allow

8 the petition to be filed after the 60 days only if there was a reasonable

9 ground for not filing within that 60-day period.

10 (2) When a petition is filed under paragraph (1) of this subsection, the

11 clerk of the court immediately shall send a copy of the petition to the

12 Board. The Board shall file with the court a record of the proceeding in

13 which the order was issued.

14 (3) When the petition is sent to the Board, the court has exclusive juris15 diction to affirm, amend, modify, or set aside any part of the order and may

16 order the Board to conduct further proceedings. After reasonable notice to

17 the Board, the court may grant interim relief by staying the order or taking

18 other appropriate action when cause for its action exists. Findings of fact

19 by the Board, if supported by substantial evidence, are conclusive.

20 (4) In reviewing an order under this subsection, the court may consider

21 an objection to an order of the Board only if the objection was made in

22 the proceeding conducted by the Board or if there was a reasonable ground

23 for not making the objection in the proceeding.

24 (5) A decision by a court under this subsection may be reviewed only by

25 the Supreme Court under section 1254 of title 28.

26 § 1154. Discovery and use of cockpit voice and other mate27 rial

28 (a) TRANSCRIPTS AND RECORDINGS.—(1) Except as provided by this

29 subsection, a party in a judicial proceeding may not use discovery to ob30 tain—

31 (A) any part of a cockpit voice recorder transcript that the National

32 Transportation Safety Board has not made available to the public

33 under section 1114(c) of this title; and

34 (B) a cockpit voice recorder recording.

35 (2)(A) Except as provided in paragraph (4)(A) of this subsection, a court

36 may allow discovery by a party of a cockpit voice recorder transcript if, after

37 an in camera review of the transcript, the court decides that—

38 (i) the part of the transcript made available to the public under sec39 tion 1114(c) of this title does not provide the party with sufficient in40 formation for the party to receive a fair trial; and
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1 (ii) discovery of additional parts of the transcript is necessary to pro2 vide the party with sufficient information for the party to receive a fair

3 trial.

4 (B) A court may allow discovery, or require production for an in camera

5 review, of a cockpit voice recorder transcript that the Board has not made

6 available under section 1114(c) of this title only if the cockpit voice recorder

7 recording is not available.

8 (3) Except as provided in paragraph (4)(A) of this subsection, a court

9 may allow discovery by a party of a cockpit voice recorder recording if, after

10 an in camera review of the recording, the court decides that—

11 (A) the parts of the transcript made available to the public under

12 section 1114(c) of this title and to the party through discovery under

13 paragraph (2) of this subsection do not provide the party with suffi14 cient information for the party to receive a fair trial; and

15 (B) discovery of the cockpit voice recorder recording is necessary to

16 provide the party with sufficient information for the party to receive

17 a fair trial.

18 (4)(A) When a court allows discovery in a judicial proceeding of a part

19 of a cockpit voice recorder transcript not made available to the public under

20 section 1114(c) of this title or a cockpit voice recorder recording, the court

21 shall issue a protective order—

22 (i) to limit the use of the part of the transcript or the recording to

23 the judicial proceeding; and

24 (ii) to prohibit dissemination of the part of the transcript or the re25 cording to any person that does not need access to the part of the tran26 script or the recording for the proceeding.

27 (B) A court may allow a part of a cockpit voice recorder transcript not

28 made available to the public under section 1114(c) of this title or a cockpit

29 voice recorder recording to be admitted into evidence in a judicial proceed30 ing, only if the court places the part of the transcript or the recording under

31 seal to prevent the use of the part of the transcript or the recording for

32 purposes other than for the proceeding.

33 (5) This subsection does not prevent the Board from referring at any

34 time to cockpit voice recorder information in making safety recommenda35 tions.

36 (b) REPORTS.—No part of a report of the Board, related to an accident

37 or an investigation of an accident, may be admitted into evidence or used

38 in a civil action for damages resulting from a matter mentioned in the re39 port.
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1 § 1155. Aviation penalties

2 (a) CIVIL PENALTY.—(1) A person violating section 1132 or 1134(b) or

3 (f)(1) of this title or a regulation prescribed or order issued under either

4 of those sections is liable to the United States Government for a civil pen5 alty of not more than $1,000. A separate violation occurs for each day a

6 violation continues.

7 (2) This subsection does not apply to a member of the armed forces of

8 the United States or an employee of the Department of Defense subject to

9 the Uniform Code of Military Justice when the member or employee is per10 forming official duties. The appropriate military authorities are responsible

11 for taking necessary disciplinary action and submitting to the National

12 Transportation Safety Board a timely report on action taken.

13 (3) The Board may compromise the amount of a civil penalty imposed

14 under this subsection.

15 (4) The Government may deduct the amount of a civil penalty imposed

16 or compromised under this subsection from amounts it owes the person lia17 ble for the penalty.

18 (5) A civil penalty under this subsection may be collected by bringing a

19 civil action against the person liable for the penalty. The action shall con20 form as nearly as practicable to a civil action in admiralty.

21 (b) CRIMINAL PENALTY.—A person that knowingly and without authority

22 removes, conceals, or withholds a part of a civil aircraft involved in an acci23 dent, or property on the aircraft at the time of the accident, shall be fined

24 under title 18, imprisoned for not more than 10 years, or both.

25 SUBTITLE III—GENERAL AND INTERMODAL

26 PROGRAMS

CHAPTER Sec.

51. TRANSPORTATION OF HAZARDOUS MATERIAL ................................. 5101

53. MASS TRANSPORTATION ........................................................................... 5301

55. INTERMODAL TRANSPORTATION ........................................................... 5501

57. SANITARY FOOD TRANSPORTATION ...................................................... 5701

59. INTERMODAL SAFE CONTAINER TRANSPORTATION ....................... 5901

27 CHAPTER 51—TRANSPORTATION OF HAZARDOUS

28 MATERIAL

Sec.

5101. Purpose.

5102. Definitions.

5103. General regulatory authority.

5104. Representation and tampering.

5105. Transporting certain highly radioactive material.

5106. Handling criteria.

5107. Hazmat employee training requirements and grants.

5108. Registration.

5109. Motor carrier safety permits.

5110. Shipping papers and disclosure.

5111. Rail tank cars.

5112. Highway routing of hazardous material.
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5113. Unsatisfactory safety rating.

5114. Air transportation of ionizing radiation material.

5115. Training curriculum for the public sector.

5116. Planning and training grants, monitoring, and review.

5117. Exemptions and exclusions.

5118. Inspectors.

5119. Uniform forms and procedures.

5120. International uniformity of standards and requirements.

5121. Administrative.

5122. Enforcement.

5123. Civil penalty.

5124. Criminal penalty.

5125. Preemption.

5126. Relationship to other laws.

5127. Authorization of appropriations.

1 § 5101. Purpose

2 The purpose of this chapter is to provide adequate protection against the

3 risks to life and property inherent in the transportation of hazardous mate4 rial in commerce by improving the regulatory and enforcement authority of

5 the Secretary of Transportation.

6 § 5102. Definitions

7 In this chapter—

8 (1) ‘‘commerce’’ means trade or transportation in the jurisdiction of

9 the United States—

10 (A) between a place in a State and a place outside of the State;

11 or

12 (B) that affects trade or transportation between a place in a

13 State and a place outside of the State.

14 (2) ‘‘hazardous material’’ means a substance or material the Sec15 retary of Transportation designates under section 5103(a) of this title.

16 (3) ‘‘hazmat employee’’—

17 (A) means an individual—

18 (i) employed by a hazmat employer; and

19 (ii) who during the course of employment directly affects

20 hazardous material transportation safety as the Secretary de21 cides by regulation;

22 (B) includes an owner-operator of a motor vehicle transporting

23 hazardous material in commerce; and

24 (C) includes an individual, employed by a hazmat employer, who

25 during the course of employment—

26 (i) loads, unloads, or handles hazardous material;

27 (ii) manufactures, reconditions, or tests containers, drums,

28 and packages represented as qualified for use in transporting

29 hazardous material;

30 (iii) prepares hazardous material for transportation;
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1 (iv) is responsible for the safety of transporting hazardous

2 material; or

3 (v) operates a vehicle used to transport hazardous material.

4 (4) ‘‘hazmat employer’’—

5 (A) means a person using at least one employee of that person

6 in connection with—

7 (i) transporting hazardous material in commerce;

8 (ii) causing hazardous material to be transported in com9 merce; or

10 (iii) manufacturing, reconditioning, or testing containers,

11 drums, and packages represented as qualified for use in

12 transporting hazardous material;

13 (B) includes an owner-operator of a motor vehicle transporting

14 hazardous material in commerce; and

15 (C) includes a department, agency, or instrumentality of the

16 United States Government, or an authority of a State, political

17 subdivision of a State, or Indian tribe, carrying out an activity de18 scribed in subclause (A)(i), (ii), or (iii) of this clause (4).

19 (5) ‘‘imminent hazard’’ means the existence of a condition that pre20 sents a substantial likelihood that death, serious illness, severe personal

21 injury, or a substantial endangerment to health, property, or the envi22 ronment may occur before the reasonably foreseeable completion date

23 of a formal proceeding begun to lessen the risk of that death, illness,

24 injury, or endangerment.

25 (6) ‘‘Indian tribe’’ has the same meaning given that term in section

26 4 of the Indian Self-Determination and Education Assistance Act (25

27 U.S.C. 450b).

28 (7) ‘‘motor carrier’’ means a motor common carrier, motor contract

29 carrier, motor private carrier, and freight forwarder as those terms are

30 defined in section 10102 of this title.

31 (8) ‘‘national response team’’ means the national response team es32 tablished under the national contingency plan established under section

33 105 of the Comprehensive Environmental Response, Compensation, and

34 Liability Act of 1980 (42 U.S.C. 9605).

35 (9) ‘‘person’’, in addition to its meaning under section 1 of title 1—

36 (A) includes a government, Indian tribe, or authority of a gov37 ernment or tribe offering hazardous material for transportation in

38 commerce or transporting hazardous material to further a com39 mercial enterprise; but

40 (B) does not include—

41 (i) the United States Postal Service; and
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1 (ii) in sections 5123 and 5124 of this title, a department,

2 agency, or instrumentality of the Government.

3 (10) ‘‘public sector employee’’—

4 (A) means an individual employed by a State, political subdivi5 sion of a State, or Indian tribe and who during the course of em6 ployment has responsibilities related to responding to an accident

7 or incident involving the transportation of hazardous material;

8 (B) includes an individual employed by a State, political subdivi9 sion of a State, or Indian tribe as a firefighter or law enforcement

10 officer; and

11 (C) includes an individual who volunteers to serve as a fire12 fighter for a State, political subdivision of a State, or Indian tribe.

13 (11) ‘‘State’’ means—

14 (A) except in section 5119 of this title, a State of the United

15 States, the District of Columbia, Puerto Rico, the Northern Mari16 ana Islands, the Virgin Islands, American Samoa, Guam, and any

17 other territory or possession of the United States designated by

18 the Secretary; and

19 (B) in section 5119 of this title, a State of the United States

20 and the District of Columbia.

21 (12) ‘‘transports’’ or ‘‘transportation’’ means the movement of prop22 erty and loading, unloading, or storage incidental to the movement.

23 (13) ‘‘United States’’ means all of the States.

24 § 5103. General regulatory authority

25 (a) DESIGNATING MATERIAL AS HAZARDOUS.—The Secretary of Trans26 portation shall designate material (including an explosive, radioactive mate27 rial, etiologic agent, flammable or combustible liquid or solid, poison, oxidiz28 ing or corrosive material, and compressed gas) or a group or class of mate29 rial as hazardous when the Secretary decides that transporting the material

30 in commerce in a particular amount and form may pose an unreasonable

31 risk to health and safety or property.

32 (b) REGULATIONS FOR SAFE TRANSPORTATION.—(1) The Secretary shall

33 prescribe regulations for the safe transportation of hazardous material in

34 intrastate, interstate, and foreign commerce. The regulations—

35 (A) apply to a person—

36 (i) transporting hazardous material in commerce;

37 (ii) causing hazardous material to be transported in commerce;

38 or

39 (iii) manufacturing, fabricating, marking, maintaining, recondi40 tioning, repairing, or testing a package or container that is rep-
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1 resented, marked, certified, or sold by that person as qualified for

2 use in transporting hazardous material in commerce; and

3 (B) shall govern safety aspects of the transportation of hazardous

4 material the Secretary considers appropriate.

5 (2) A proceeding to prescribe the regulations must include an opportunity

6 for informal oral presentations.

7 § 5104. Representation and tampering

8 (a) REPRESENTATION.—A person may represent, by marking or other9 wise, that—

10 (1) a container or package for transporting hazardous material is

11 safe, certified, or complies with this chapter only if the container or

12 package meets the requirements of each regulation prescribed under

13 this chapter; or

14 (2) hazardous material is present in a package, container, motor ve15 hicle, rail freight car, aircraft, or vessel only if the material is present.

16 (b) TAMPERING.—A person may not alter, remove, destroy, or otherwise

17 tamper unlawfully with—

18 (1) a marking, label, placard, or description on a document required

19 under this chapter or a regulation prescribed under this chapter; or

20 (2) a package, container, motor vehicle, rail freight car, aircraft, or

21 vessel used to transport hazardous material.

22 § 5105. Transporting certain highly radioactive material

23 (a) DEFINITIONS.—In this section, ‘‘high-level radioactive waste’’ and

24 ‘‘spent nuclear fuel’’ have the same meanings given those terms in section

25 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).

26 (b) TRANSPORTATION SAFETY STUDY.—In consultation with the Sec27 retary of Energy, the Nuclear Regulatory Commission, potentially affected

28 States and Indian tribes, representatives of the rail transportation industry,

29 and shippers of high-level radioactive waste and spent nuclear fuel, the Sec30 retary of Transportation shall conduct a study comparing the safety of

31 using trains operated only to transport high-level radioactive waste and

32 spent nuclear fuel with the safety of using other methods of rail transpor33 tation for transporting that waste and fuel. The Secretary of Transportation

34 shall submit to Congress not later than November 16, 1991, a report on

35 the results of the study.

36 (c) SAFE RAIL TRANSPORTATION REGULATIONS.—Not later than Novem37 ber 16, 1992, after considering the results of the study conducted under

38 subsection (b) of this section, the Secretary of Transportation shall pre39 scribe amendments to existing regulations that the Secretary considers ap40 propriate to provide for the safe rail transportation of high-level radioactive
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1 waste and spent nuclear fuel, including trains operated only for transporting

2 high-level radioactive waste and spent nuclear fuel.

3 (d) ROUTES AND MODES STUDY.—Not later than November 16, 1991,

4 the Secretary of Transportation shall conduct a study to decide which fac5 tors, if any, shippers and carriers should consider when selecting routes and

6 modes that would enhance overall public safety related to the transportation

7 of high-level radioactive waste and spent nuclear fuel. The study shall in8 clude—

9 (1) notice and opportunity for public comment; and

10 (2) an assessment of the degree to which at least the following affect

11 the overall public safety of the transportation:

12 (A) population densities.

13 (B) types and conditions of modal infrastructures (including

14 highways, railbeds, and waterways).

15 (C) quantities of high-level radioactive waste and spent nuclear

16 fuel.

17 (D) emergency response capabilities.

18 (E) exposure and other risk factors.

19 (F) terrain considerations.

20 (G) continuity of routes.

21 (H) available alternative routes.

22 (I) environmental impact factors.

23 (e) INSPECTIONS OF MOTOR VEHICLES TRANSPORTING CERTAIN MATE24 RIAL.—(1) Not later than November 16, 1991, the Secretary of Transpor25 tation shall require by regulation that before each use of a motor vehicle

26 to transport a highway-route-controlled quantity of radioactive material in

27 commerce, the vehicle shall be inspected and certified as complying with this

28 chapter and applicable United States motor carrier safety laws and regula29 tions. The Secretary may require that the inspection be carried out by an

30 authorized United States Government inspector or according to appropriate

31 State procedures.

32 (2) The Secretary of Transportation may allow a person, transporting or

33 causing to be transported a highway-route-controlled quantity of radioactive

34 material, to inspect the motor vehicle used to transport the material and

35 to certify that the vehicle complies with this chapter. The inspector quali36 fication requirements the Secretary prescribes for an individual inspecting

37 a motor vehicle apply to an individual conducting an inspection under this

38 paragraph.

39 § 5106. Handling criteria

40 The Secretary of Transportation may prescribe criteria for handling haz41 ardous material, including—
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1 (1) a minimum number of personnel;

2 (2) minimum levels of training and qualifications for personnel;

3 (3) the kind and frequency of inspections;

4 (4) equipment for detecting, warning of, and controlling risks posed

5 by the hazardous material;

6 (5) specifications for the use of equipment and facilities used in han7 dling and transporting the hazardous material; and

8 (6) a system of monitoring safety procedures for transporting the

9 hazardous material.

10 § 5107. Hazmat employee training requirements and grants

11 (a) TRAINING REQUIREMENTS.—The Secretary of Transportation shall

12 prescribe by regulation requirements for training that a hazmat employer

13 must give hazmat employees of the employer on the safe loading, unloading,

14 handling, storing, and transporting of hazardous material and emergency

15 preparedness for responding to an accident or incident involving the trans16 portation of hazardous material. The regulations—

17 (1) shall establish the date, as provided by subsection (b) of this sec18 tion, by which the training shall be completed; and

19 (2) may provide for different training for different classes or cat20 egories of hazardous material and hazmat employees.

21 (b) BEGINNING AND COMPLETING TRAINING.—A hazmat employer shall

22 begin the training of hazmat employees of the employer not later than 6

23 months after the Secretary of Transportation prescribes the regulations

24 under subsection (a) of this section. The training shall be completed within

25 a reasonable period of time after—

26 (1) 6 months after the regulations are prescribed; or

27 (2) the date on which an individual is to begin carrying out a duty

28 or power of a hazmat employee if the individual is employed as a

29 hazmat employee after the 6-month period.

30 (c) CERTIFICATION OF TRAINING.—After completing the training, each

31 hazmat employer shall certify, with documentation the Secretary of Trans32 portation may require by regulation, that the hazmat employees of the em33 ployer have received training and have been tested on appropriate transpor34 tation areas of responsibility, including at least one of the following:

35 (1) recognizing and understanding the Department of Transpor36 tation hazardous material classification system.

37 (2) the use and limitations of the Department hazardous material

38 placarding, labeling, and marking systems.

39 (3) general handling procedures, loading and unloading techniques,

40 and strategies to reduce the probability of release or damage during or

41 incidental to transporting hazardous material.
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1 (4) health, safety, and risk factors associated with hazardous mate2 rial and the transportation of hazardous material.

3 (5) appropriate emergency response and communication procedures

4 for dealing with an accident or incident involving hazardous material

5 transportation.

6 (6) the use of the Department Emergency Response Guidebook and

7 recognition of its limitations or the use of equivalent documents and

8 recognition of the limitations of those documents.

9 (7) applicable hazardous material transportation regulations.

10 (8) personal protection techniques.

11 (9) preparing a shipping document for transporting hazardous mate12 rial.

13 (d) COORDINATION OF TRAINING REQUIREMENTS.—In consultation with

14 the Administrator of the Environmental Protection Agency and the Sec15 retary of Labor, the Secretary of Transportation shall ensure that the train16 ing requirements prescribed under this section do not conflict with—

17 (1) the requirements of regulations the Secretary of Labor prescribes

18 related to hazardous waste operations and emergency response that are

19 contained in part 1910 of title 29, Code of Federal Regulations; and

20 (2) the regulations the Agency prescribes related to worker protec21 tion standards for hazardous waste operations that are contained in

22 part 311 of title 40, Code of Federal Regulations.

23 (e) TRAINING GRANTS.—In consultation with the Secretaries of Trans24 portation and Labor and the Administrator, the Director of the National

25 Institute of Environmental Health Sciences may make grants to train

26 hazmat employees under this section. A grant under this subsection shall

27 be made to a nonprofit organization that demonstrates—

28 (1) expertise in conducting a training program for hazmat employ29 ees; and

30 (2) the ability to reach and involve in a training program a target

31 population of hazmat employees.

32 (f) RELATIONSHIP TO OTHER LAWS.—(1) Chapter 35 of title 44 does not

33 apply to an activity of the Secretary of Transportation under subsections

34 (a)–(d) of this section.

35 (2) An action of the Secretary of Transportation under subsections (a)–

36 (d) of this section and sections 5106, 5108(a)–(g)(1) and (h), and 5109 of

37 this title is not an exercise, under section 4(b)(1) of the Occupational Safety

38 and Health Act of 1970 (29 U.S.C. 653(b)(1)), of statutory authority to

39 prescribe or enforce standards or regulations affecting occupational safety

40 or health.
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1 § 5108. Registration

2 (a) PERSONS REQUIRED TO FILE.—(1) A person shall file a registration

3 statement with the Secretary of Transportation under this subsection if the

4 person is transporting or causing to be transported in commerce any of the

5 following:

6 (A) a highway-route-controlled quantity of radioactive material.

7 (B) more than 25 kilograms of a class A or B explosive in a motor

8 vehicle, rail car, or transport container.

9 (C) more than one liter in each package of a hazardous material the

10 Secretary designates as extremely toxic by inhalation.

11 (D) hazardous material in a bulk package, container, or tank, as de12 fined by the Secretary, if the package, container, or tank has a capacity

13 of at least 3,500 gallons or more than 468 cubic feet.

14 (E) a shipment of at least 5,000 pounds (except in a bulk packaging)

15 of a class of hazardous material for which placarding of a vehicle, rail

16 car, or freight container is required under regulations prescribed under

17 this chapter.

18 (2) The Secretary of Transportation may require any of the following per19 sons to file a registration statement with the Secretary under this sub20 section:

21 (A) a person transporting or causing to be transported hazardous

22 material in commerce and not required to file a registration statement

23 under paragraph (1) of this subsection.

24 (B) a person manufacturing, fabricating, marking, maintaining, re25 conditioning, repairing, or testing a package or container the person

26 represents, marks, certifies, or sells for use in transporting in com27 merce hazardous material the Secretary designates.

28 (3) A person required to file a registration statement under this sub29 section may transport or cause to be transported, or manufacture, fabricate,

30 mark, maintain, recondition, repair, or test a package or container for use

31 in transporting, hazardous material, only if the person has a statement on

32 file as required by this subsection.

33 (b) FORM, CONTENTS, AND LIMITATION ON FILINGS.—(1) A registration

34 statement under subsection (a) of this section shall be in the form and con35 tain information the Secretary of Transportation requires by regulation. The

36 Secretary may use existing forms of the Department of Transportation and

37 the Environmental Protection Agency to carry out this subsection. The

38 statement shall include—

39 (A) the name and principal place of business of the registrant;

40 (B) a description of each activity the registrant carries out for which

41 filing a statement under subsection (a) of this section is required; and
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1 (C) each State in which the person carries out the activity.

2 (2) A person carrying out more than one activity, or an activity at more

3 than one location, for which filing is required only has to file one registra4 tion statement to comply with subsection (a) of this section.

5 (c) FILING DEADLINES AND AMENDMENTS.—(1) Each person required to

6 file a registration statement under subsection (a) of this section must file

7 the first statement not later than March 31, 1992. The Secretary of Trans8 portation may extend that date to September 30, 1992, for activities re9 ferred to in subsection (a)(1) of this section. A person shall renew the state10 ment periodically consistent with regulations the Secretary prescribes, but

11 not more than once each year and not less than once every 5 years.

12 (2) The Secretary of Transportation shall decide by regulation when and

13 under what circumstances a registration statement must be amended and

14 the procedures to follow in amending the statement.

15 (d) SIMPLIFYING THE REGISTRATION PROCESS.—The Secretary of

16 Transportation may take necessary action to simplify the registration proc17 ess under subsections (a)–(c) of this section and to minimize the number

18 of applications, documents, and other information a person is required to

19 file under this chapter and other laws of the United States.

20 (e) COOPERATION WITH ADMINISTRATOR.—The Administrator of the En21 vironmental Protection Agency shall assist the Secretary of Transportation

22 in carrying out subsections (a)–(g)(1) and (h) of this section by providing

23 the Secretary with information the Secretary requests to carry out the ob24 jectives of subsections (a)–(g)(1) and (h).

25 (f) AVAILABILITY OF STATEMENTS.—The Secretary of Transportation

26 shall make a registration statement filed under subsection (a) of this section

27 available for inspection by any person for a fee the Secretary establishes.

28 However, this subsection does not require the release of information de29 scribed in section 552(f) of title 5 or otherwise protected by law from disclo30 sure to the public.

31 (g) FEES.—(1) The Secretary of Transportation may establish, impose,

32 and collect from a person required to file a registration statement under

33 subsection (a) of this section a fee necessary to pay for the costs of the Sec34 retary in processing the statement.

35 (2)(A) In addition to a fee established under paragraph (1) of this sub36 section, the Secretary of Transportation shall establish and impose by regu37 lation and collect an annual fee. Subject to subparagraph (B) of this para38 graph, the fee shall be at least $250 but not more than $5,000 from each

39 person required to file a registration statement under this section. The Sec40 retary shall determine the amount of the fee under this paragraph on at

41 least one of the following:
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1 (i) gross revenue from transporting hazardous material.

2 (ii) the type of hazardous material transported or caused to be trans3 ported.

4 (iii) the amount of hazardous material transported or caused to be

5 transported.

6 (iv) the number of shipments of hazardous material.

7 (v) the number of activities that the person carries out for which fil8 ing a registration statement is required under this section.

9 (vi) the threat to property, individuals, and the environment from an

10 accident or incident involving the hazardous material transported or

11 caused to be transported.

12 (vii) the percentage of gross revenue derived from transporting haz13 ardous material.

14 (viii) the amount to be made available to carry out sections 5107(e),

15 5108(g)(2), 5115, and 5116 of this title.

16 (ix) other factors the Secretary considers appropriate.

17 (B) The Secretary of Transportation shall adjust the amount being col18 lected under this paragraph to reflect any unexpended balance in the ac19 count established under section 5116(i) of this title. However, the Secretary

20 is not required to refund any fee collected under this paragraph.

21 (C) The Secretary of Transportation shall transfer to the Secretary of the

22 Treasury amounts the Secretary of Transportation collects under this para23 graph for deposit in the account the Secretary of the Treasury establishes

24 under section 5116(i) of this title.

25 (h) MAINTAINING PROOF OF FILING AND PAYMENT OF FEES.—The Sec26 retary of Transportation may prescribe regulations requiring a person re27 quired to file a registration statement under subsection (a) of this section

28 to maintain proof of the filing and payment of fees imposed under sub29 section (g) of this section.

30 (i) RELATIONSHIP TO OTHER LAWS.—(1) Chapter 35 of title 44 does not

31 apply to an activity of the Secretary of Transportation under subsections

32 (a)–(g)(1) and (h) of this section.

33 (2)(A) This section does not apply to an employee of a hazmat employer.

34 (B) Subsections (a)–(h) of this section do not apply to a department,

35 agency, or instrumentality of the United States Government, an authority

36 of a State or political subdivision of a State, or an employee of a depart37 ment, agency, instrumentality, or authority carrying out official duties.

38 § 5109. Motor carrier safety permits

39 (a) REQUIREMENT.—A motor carrier may transport or cause to be trans40 ported by motor vehicle in commerce hazardous material only if the carrier

41 holds a safety permit the Secretary of Transportation issues under this sec-
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1 tion authorizing the transportation and keeps a copy of the permit, or other

2 proof of its existence, in the vehicle. The Secretary shall issue a permit if

3 the Secretary finds the carrier is fit, willing, and able—

4 (1) to provide the transportation to be authorized by the permit;

5 (2) to comply with this chapter and regulations the Secretary pre6 scribes to carry out this chapter; and

7 (3) to comply with applicable United States motor carrier safety laws

8 and regulations and applicable minimum financial responsibility laws

9 and regulations.

10 (b) APPLICABLE TRANSPORTATION.—The Secretary shall prescribe by

11 regulation the hazardous material and amounts of hazardous material to

12 which this section applies. However, this section shall apply at least to

13 transportation by a motor carrier, in amounts the Secretary establishes,

14 of—

15 (1) a class A or B explosive;

16 (2) liquefied natural gas;

17 (3) hazardous material the Secretary designates as extremely toxic

18 by inhalation; and

19 (4) a highway-route-controlled quantity of radioactive material, as

20 defined by the Secretary.

21 (c) APPLICATIONS.—A motor carrier shall file an application with the

22 Secretary for a safety permit to provide transportation under this section.

23 The Secretary may approve any part of the application or deny the applica24 tion. The application shall be under oath and contain information the Sec25 retary requires by regulation.

26 (d) AMENDMENTS, SUSPENSIONS, AND REVOCATIONS.—(1) After notice

27 and an opportunity for a hearing, the Secretary may amend, suspend, or

28 revoke a safety permit, as provided by procedures prescribed under sub29 section (e) of this section, when the Secretary decides the motor carrier is

30 not complying with a requirement of this chapter, a regulation prescribed

31 under this chapter, or an applicable United States motor carrier safety law

32 or regulation or minimum financial responsibility law or regulation.

33 (2) If the Secretary decides an imminent hazard exists, the Secretary may

34 amend, suspend, or revoke a permit before scheduling a hearing.

35 (e) PROCEDURES.—The Secretary shall prescribe by regulation—

36 (1) application procedures, including form, content, and fees nec37 essary to recover the complete cost of carrying out this section;

38 (2) standards for deciding the duration, terms, and limitations of a

39 safety permit;

40 (3) procedures to amend, suspend, or revoke a permit; and
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1 (4) other procedures the Secretary considers appropriate to carry out

2 this section.

3 (f) SHIPPER RESPONSIBILITY.—A person offering hazardous material for

4 motor vehicle transportation in commerce may offer the material to a motor

5 carrier only if the carrier has a safety permit issued under this section au6 thorizing the transportation.

7 (g) CONDITIONS.—A motor carrier may provide transportation under a

8 safety permit issued under this section only if the carrier complies with con9 ditions the Secretary finds are required to protect public safety.

10 (h) REGULATIONS.—The Secretary shall prescribe regulations necessary

11 to carry out this section not later than November 16, 1991.

12 § 5110. Shipping papers and disclosure

13 (a) PROVIDING SHIPPING PAPERS.—Each person offering for transpor14 tation in commerce hazardous material to which the shipping paper require15 ments of the Secretary of Transportation apply shall provide to the carrier

16 providing the transportation a shipping paper that makes the disclosures the

17 Secretary prescribes under subsection (b) of this section.

18 (b) CONSIDERATIONS AND REQUIREMENTS.—In carrying out subsection

19 (a) of this section, the Secretary shall consider and may require—

20 (1) a description of the hazardous material, including the proper

21 shipping name;

22 (2) the hazard class of the hazardous material;

23 (3) the identification number (UN/NA) of the hazardous material;

24 (4) immediate first action emergency response information or a way

25 for appropriate reference to the information (that must be available im26 mediately); and

27 (5) a telephone number for obtaining more specific handling and

28 mitigation information about the hazardous material at any time dur29 ing which the material is transported.

30 (c) KEEPING SHIPPING PAPERS ON THE VEHICLE.—(1) A motor carrier,

31 and the person offering the hazardous material for transportation if a pri32 vate motor carrier, shall keep the shipping paper on the vehicle transporting

33 the material.

34 (2) Except as provided in paragraph (1) of this subsection, the shipping

35 paper shall be kept in a location the Secretary specifies in a motor vehicle,

36 train, vessel, aircraft, or facility until—

37 (A) the hazardous material no longer is in transportation; or

38 (B) the documents are made available to a representative of a de39 partment, agency, or instrumentality of the United States Government

40 or a State or local authority responding to an accident or incident in41 volving the motor vehicle, train, vessel, aircraft, or facility.
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1 (d) DISCLOSURE TO EMERGENCY RESPONSE AUTHORITIES.—When an

2 incident involving hazardous material being transported in commerce occurs,

3 the person transporting the material, immediately on request of appropriate

4 emergency response authorities, shall disclose to the authorities information

5 about the material.

6 § 5111. Rail tank cars

7 A rail tank car built before January 1, 1971, may be used to transport

8 hazardous material in commerce only if the air brake equipment support at9 tachments of the car comply with the standards for attachments contained

10 in sections 179.100–16 and 179.200-19 of title 49, Code of Federal Regula11 tions, in effect on November 16, 1990.

12 § 5112. Highway routing of hazardous material

13 (a) APPLICATION.—(1) This section applies to a motor vehicle only if the

14 vehicle is transporting hazardous material in commerce for which placarding

15 of the vehicle is required under regulations prescribed under this chapter.

16 However, the Secretary of Transportation by regulation may extend applica17 tion of this section or a standard prescribed under subsection (b) of this

18 section to—

19 (A) any use of a vehicle under this paragraph to transport any haz20 ardous material in commerce; and

21 (B) any motor vehicle used to transport hazardous material in com22 merce.

23 (2) Except as provided by subsection (d) of this section and section

24 5125(c) of this title, each State and Indian tribe may establish, maintain,

25 and enforce—

26 (A) designations of specific highway routes over which hazardous

27 material may and may not be transported by motor vehicle; and

28 (B) limitations and requirements related to highway routing.

29 (b) STANDARDS FOR STATES AND INDIAN TRIBES.—(1) The Secretary,

30 in consultation with the States, shall prescribe by regulation standards for

31 States and Indian tribes to use in carrying out subsection (a) of this sec32 tion. The standards shall include—

33 (A) a requirement that a highway routing designation, limitation, or

34 requirement of a State or Indian tribe shall enhance public safety in

35 the area subject to the jurisdiction of the State or tribe and in areas

36 of the United States not subject to the jurisdiction of the State or tribe

37 and directly affected by the designation, limitation, or requirement;

38 (B) minimum procedural requirements to ensure public participation

39 when the State or Indian tribe is establishing a highway routing des40 ignation, limitation, or requirement;
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1 (C) a requirement that, in establishing a highway routing designa2 tion, limitation, or requirement, a State or Indian tribe consult with

3 appropriate State, local, and tribal officials having jurisdiction over

4 areas of the United States not subject to the jurisdiction of that State

5 or tribe establishing the designation, limitation, or requirement and

6 with affected industries;

7 (D) a requirement that a highway routing designation, limitation, or

8 requirement of a State or Indian tribe shall ensure through highway

9 routing for the transportation of hazardous material between adjacent

10 areas;

11 (E) a requirement that a highway routing designation, limitation, or

12 requirement of one State or Indian tribe affecting the transportation

13 of hazardous material in another State or tribe may be established,

14 maintained, and enforced by the State or tribe establishing the designa15 tion, limitation, or requirement only if—

16 (i) the designation, limitation, or requirement is agreed to by

17 the other State or tribe within a reasonable period or is approved

18 by the Secretary under subsection (d) of this section; and

19 (ii) the designation, limitation, or requirement is not an unrea20 sonable burden on commerce;

21 (F) a requirement that establishing a highway routing designation,

22 limitation, or requirement of a State or Indian tribe be completed in

23 a timely way;

24 (G) a requirement that a highway routing designation, limitation, or

25 requirement of a State or Indian tribe provide reasonable routes for

26 motor vehicles transporting hazardous material to reach terminals, fa27 cilities for food, fuel, repairs, and rest, and places to load and unload

28 hazardous material;

29 (H) a requirement that a State be responsible—

30 (i) for ensuring that political subdivisions of the State comply

31 with standards prescribed under this subsection in establishing,

32 maintaining, and enforcing a highway routing designation, limita33 tion, or requirement; and

34 (ii) for resolving a dispute between political subdivisions; and

35 (I) a requirement that, in carrying out subsection (a) of this section,

36 a State or Indian tribe shall consider—

37 (i) population densities;

38 (ii) the types of highways;

39 (iii) the types and amounts of hazardous material;

40 (iv) emergency response capabilities;

41 (v) the results of consulting with affected persons;
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1 (vi) exposure and other risk factors;

2 (vii) terrain considerations;

3 (viii) the continuity of routes;

4 (ix) alternative routes;

5 (x) the effects on commerce;

6 (xi) delays in transportation; and

7 (xii) other factors the Secretary considers appropriate.

8 (2) The Secretary may not assign a specific weight that a State or Indian

9 tribe shall use when considering the factors under paragraph (1)(I) of this

10 subsection.

11 (c) LIST OF ROUTE DESIGNATIONS.—In coordination with the States, the

12 Secretary shall update and publish periodically a list of currently effective

13 hazardous material highway route designations.

14 (d) DISPUTE RESOLUTION.—(1) The Secretary shall prescribe regulations

15 for resolving a dispute related to through highway routing or to an agree16 ment with a proposed highway route designation, limitation, or requirement

17 between or among States, political subdivisions of different States, or Indian

18 tribes.

19 (2) A State or Indian tribe involved in a dispute under this subsection

20 may petition the Secretary to resolve the dispute. The Secretary shall re21 solve the dispute not later than one year after receiving the petition. The

22 resolution shall provide the greatest level of highway safety without being

23 an unreasonable burden on commerce and shall ensure compliance with

24 standards prescribed under subsection (b) of this section.

25 (3)(A) After a petition is filed under this subsection, a civil action about

26 the subject matter of the dispute may be brought in a court only after the

27 earlier of—

28 (i) the day the Secretary issues a final decision; or

29 (ii) the last day of the one-year period beginning on the day the Sec30 retary receives the petition.

31 (B) A State or Indian tribe adversely affected by a decision of the Sec32 retary under this subsection may bring a civil action for judicial review of

33 the decision in an appropriate district court of the United States not later

34 than 89 days after the day the decision becomes final.

35 (e) RELATIONSHIP TO OTHER LAWS.—This section and regulations pre36 scribed under this section do not affect sections 31111 and 31113 of this

37 title or section 127 of title 23.

38 (f) EXISTING RADIOACTIVE MATERIAL ROUTING REGULATIONS.—The

39 Secretary is not required to amend or again prescribe regulations related

40 to highway routing designations over which radioactive material may and
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1 may not be transported by motor vehicles, and limitations and requirements

2 related to the routing, that were in effect on November 16, 1990.

3 § 5113. Unsatisfactory safety rating

4 (a) PROHIBITED TRANSPORTATION.—A motor carrier receiving an unsat5 isfactory safety rating from the Secretary of Transportation has 45 days to

6 improve the rating to conditional or satisfactory. Beginning on the 46th day

7 and until the motor carrier receives a conditional or satisfactory rating, a

8 motor carrier not having received a conditional or satisfactory rating during

9 the 45-day period may not operate a commercial motor vehicle (as defined

10 in section 31132 of this title)—

11 (1) to transport hazardous material for which placarding of a motor

12 vehicle is required under regulations prescribed under this chapter; or

13 (2) to transport more than 15 individuals.

14 (b) RATING REVIEW.—The Secretary shall review the factors that re15 sulted in a motor carrier receiving an unsatisfactory rating not later than

16 30 days after the motor carrier requests a review.

17 (c) PROHIBITED GOVERNMENT USE.—A department, agency, or instru18 mentality of the United States Government may not use a motor carrier

19 that has an unsatisfactory rating from the Secretary—

20 (1) to transport hazardous material for which placarding of a motor

21 vehicle is required under regulations prescribed under this chapter; or

22 (2) to transport more than 15 individuals.

23 (d) PUBLIC AVAILABILITY AND UPDATING OF RATINGS.—The Secretary,

24 in consultation with the Interstate Commerce Commission, shall prescribe

25 regulations amending the motor carrier safety regulations in subchapter B

26 of chapter III of title 49, Code of Federal Regulations, to establish a system

27 to make readily available to the public, and update periodically, the safety

28 ratings of motor carriers that have unsatisfactory ratings from the Sec29 retary.

30 § 5114. Air transportation of ionizing radiation material

31 (a) TRANSPORTING IN AIR COMMERCE.—Material that emits ionizing ra32 diation spontaneously may be transported on a passenger-carrying aircraft

33 in air commerce (as defined in section 40102(a) of this title) only if the

34 material is intended for a use in, or incident to, research or medical diag35 nosis or treatment and does not present an unreasonable hazard to health

36 and safety when being prepared for, and during, transportation.

37 (b) PROCEDURES.—The Secretary of Transportation shall prescribe pro38 cedures for monitoring and enforcing regulations prescribed under this sec39 tion.
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1 (c) NONAPPLICATION.—This section does not apply to material the Sec2 retary decides does not pose a significant hazard to health or safety when

3 transported because of its low order of radioactivity.

4 § 5115. Training curriculum for the public sector

5 (a) DEVELOPMENT AND UPDATING.—Not later than November 16, 1992,

6 in coordination with the Director of the Federal Emergency Management

7 Agency, Chairman of the Nuclear Regulatory Commission, Administrator of

8 the Environmental Protection Agency, Secretaries of Labor, Energy, and

9 Health and Human Services, and Director of the National Institute of Envi10 ronmental Health Sciences, and using the existing coordinating mechanisms

11 of the national response team and, for radioactive material, the Federal Ra12 diological Preparedness Coordinating Committee, the Secretary of Transpor13 tation shall develop and update periodically a curriculum consisting of a list

14 of courses necessary to train public sector emergency response and pre15 paredness teams. Only in developing the curriculum, the Secretary of Trans16 portation shall consult with regional response teams established under the

17 national contingency plan established under section 105 of the Comprehen18 sive Environmental Response, Compensation, and Liability Act of 1980 (42

19 U.S.C. 9605), representatives of commissions established under section 301

20 of the Emergency Planning and Community Right-To-Know Act of 1986

21 (42 U.S.C. 11001), persons (including governmental entities) that provide

22 training for responding to accidents and incidents involving the transpor23 tation of hazardous material, and representatives of persons that respond

24 to those accidents and incidents.

25 (b) REQUIREMENTS.—The curriculum developed under subsection (a) of

26 this section—

27 (1) shall include—

28 (A) a recommended course of study to train public sector em29 ployees to respond to an accident or incident involving the trans30 portation of hazardous material and to plan for those responses;

31 (B) recommended basic courses and minimum number of hours

32 of instruction necessary for public sector employees to be able to

33 respond safely and efficiently to an accident or incident involving

34 the transportation of hazardous material and to plan those re35 sponses; and

36 (C) appropriate emergency response training and planning pro37 grams for public sector employees developed under other United

38 States Government grant programs, including those developed with

39 grants made under section 126 of the Superfund Amendments and

40 Reauthorization Act of 1986 (42 U.S.C. 9660a); and
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1 (2) may include recommendations on material appropriate for use in

2 a recommended basic course described in clause (1)(B) of this sub3 section.

4 (c) TRAINING ON COMPLYING WITH LEGAL REQUIREMENTS.—A rec5 ommended basic course described in subsection (b)(1)(B) of this section

6 shall provide the training necessary for public sector employees to comply

7 with—

8 (1) regulations related to hazardous waste operations and emergency

9 response contained in part 1910 of title 29, Code of Federal Regula10 tions, prescribed by the Secretary of Labor;

11 (2) regulations related to worker protection standards for hazardous

12 waste operations contained in part 311 of title 40, Code of Federal

13 Regulations, prescribed by the Administrator; and

14 (3) standards related to emergency response training prescribed by

15 the National Fire Protection Association.

16 (d) DISTRIBUTION AND PUBLICATION.—With the national response

17 team—

18 (1) the Director of the Federal Emergency Management Agency

19 shall distribute the curriculum and any updates to the curriculum to

20 the regional response teams and all committees and commissions estab21 lished under section 301 of the Emergency Planning and Community

22 Right-To-Know Act of 1986 (42 U.S.C. 11001); and

23 (2) the Secretary of Transportation may publish a list of programs

24 that uses a course developed under this section for training public sec25 tor employees to respond to an accident or incident involving the trans26 portation of hazardous material.

27 § 5116. Planning and training grants, monitoring, and re28 view

29 (a) PLANNING GRANTS.—(1) The Secretary of Transportation shall make

30 grants to States—

31 (A) to develop, improve, and carry out emergency plans under the

32 Emergency Planning and Community Right-To-Know Act of 1986 (42

33 U.S.C. 11001 et seq.), including ascertaining flow patterns of hazard34 ous material in a State and between States; and

35 (B) to decide on the need for a regional hazardous material emer36 gency response team.

37 (2) The Secretary of Transportation may make a grant to a State under

38 paragraph (1) of this subsection in a fiscal year only if the State—

39 (A) certifies that the total amount the State expends (except

40 amounts of the United States Government) to develop, improve, and
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1 carry out emergency plans under the Act will at least equal the average

2 level of expenditure for the last 2 fiscal years; and

3 (B) agrees to make available at least 75 percent of the amount of

4 the grant under paragraph (1) of this subsection in the fiscal year to

5 local emergency planning committees established under section 301(c)

6 of the Act (42 U.S.C. 11001(c)) to develop emergency plans under the

7 Act.

8 (b) TRAINING GRANTS.—(1) The Secretary of Transportation shall make

9 grants to States and Indian tribes to train public sector employees to re10 spond to accidents and incidents involving hazardous material.

11 (2) The Secretary of Transportation may make a grant under paragraph

12 (1) of this subsection in a fiscal year—

13 (A) to a State or Indian tribe only if the State or tribe certifies that

14 the total amount the State or tribe expends (except amounts of the

15 Government) to train public sector employees to respond to an accident

16 or incident involving hazardous material will at least equal the average

17 level of expenditure for the last 2 fiscal years;

18 (B) to a State or Indian tribe only if the State or tribe makes an

19 agreement with the Secretary that the State or tribe will use in that

20 fiscal year, for training public sector employees to respond to an acci21 dent or incident involving hazardous material—

22 (i) a course developed or identified under section 5115 of this

23 title; or

24 (ii) another course the Secretary decides is consistent with the

25 objectives of this section; and

26 (C) to a State only if the State agrees to make available at least 75

27 percent of the amount of the grant under paragraph (1) of this sub28 section in the fiscal year for training public sector employees a political

29 subdivision of the State employs or uses.

30 (3) A grant under this subsection may be used—

31 (A) to pay—

32 (i) the tuition costs of public sector employees being trained;

33 (ii) travel expenses of those employees to and from the training

34 facility;

35 (iii) room and board of those employees when at the training

36 facility; and

37 (iv) travel expenses of individuals providing the training;

38 (B) by the State, political subdivision, or Indian tribe to provide the

39 training; and
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1 (C) to make an agreement the Secretary of Transportation approves

2 authorizing a person (including an authority of a State or political sub3 division of a State or Indian tribe) to provide the training—

4 (i) if the agreement allows the Secretary and the State or tribe

5 to conduct random examinations, inspections, and audits of the

6 training without prior notice; and

7 (ii) if the State or tribe conducts at least one on-site observation

8 of the training each year.

9 (4) The Secretary of Transportation shall allocate amounts made avail10 able for grants under this subsection for a fiscal year among eligible States

11 and Indian tribes based on the needs of the States and tribes for emergency

12 response training. In making a decision about those needs, the Secretary

13 shall consider—

14 (A) the number of hazardous material facilities in the State or on

15 land under the jurisdiction of the tribe;

16 (B) the types and amounts of hazardous material transported in the

17 State or on that land;

18 (C) whether the State or tribe imposes and collects a fee on trans19 porting hazardous material;

20 (D) whether the fee is used only to carry out a purpose related to

21 transporting hazardous material; and

22 (E) other factors the Secretary decides are appropriate to carry out

23 this subsection.

24 (c) COMPLIANCE WITH CERTAIN LAW.—The Secretary of Transportation

25 may make a grant to a State under this section in a fiscal year only if the

26 State certifies that the State complies with sections 301 and 303 of the

27 Emergency Planning and Community Right-To-Know Act of 1986 (42

28 U.S.C. 11001, 11003).

29 (d) APPLICATIONS.—A State or Indian tribe interested in receiving a

30 grant under this section shall submit an application to the Secretary of

31 Transportation. The application must be submitted at the time, and contain

32 information, the Secretary requires by regulation to carry out the objectives

33 of this section.

34 (e) GOVERNMENT’S SHARE OF COSTS.—A grant under this section is for

35 80 percent of the cost the State or Indian tribe incurs in the fiscal year

36 to carry out the activity for which the grant is made. Amounts of the State

37 or tribe under subsections (a)(2)(A) and (b)(2)(A) of this section are not

38 part of the non-Government share under this subsection.

39 (f) MONITORING AND TECHNICAL ASSISTANCE.—In coordination with the

40 Secretaries of Transportation and Energy, Administrator of the Environ41 mental Protection Agency, and Director of the National Institute of Envi-
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1 ronmental Health Sciences, the Director of the Federal Emergency Manage2 ment Agency shall monitor public sector emergency response planning and

3 training for an accident or incident involving hazardous material. Consider4 ing the results of the monitoring, the Secretaries, Administrator, and Direc5 tors each shall provide technical assistance to a State, political subdivision

6 of a State, or Indian tribe for carrying out emergency response training and

7 planning for an accident or incident involving hazardous material and shall

8 coordinate the assistance using the existing coordinating mechanisms of the

9 national response team and, for radioactive material, the Federal Radiologi10 cal Preparedness Coordinating Committee.

11 (g) DELEGATION OF AUTHORITY.—To minimize administrative costs and

12 to coordinate Government grant programs for emergency response training

13 and planning, the Secretary of Transportation may delegate to the Directors

14 of the Federal Emergency Management Agency and National Institute of

15 Environmental Health Sciences, Chairman of the Nuclear Regulatory Com16 mission, Administrator of the Environmental Protection Agency, and Sec17 retaries of Labor and Energy any of the following:

18 (1) authority to receive applications for grants under this section.

19 (2) authority to review applications for technical compliance with this

20 section.

21 (3) authority to review applications to recommend approval or dis22 approval.

23 (4) any other ministerial duty associated with grants under this sec24 tion.

25 (h) MINIMIZING DUPLICATION OF EFFORT AND EXPENSES.—The Sec26 retaries of Transportation, Labor, and Energy, Directors of the Federal

27 Emergency Management Agency and National Institute of Environmental

28 Health Sciences, Chairman of the Nuclear Regulatory Commission, and Ad29 ministrator of the Environmental Protection Agency shall review periodi30 cally, with the head of each department, agency, or instrumentality of the

31 Government, all emergency response and preparedness training programs of

32 that department, agency, or instrumentality to minimize duplication of ef33 fort and expense of the department, agency, or instrumentality in carrying

34 out the programs and shall take necessary action to minimize duplication.

35 (i) ANNUAL REGISTRATION FEE ACCOUNT AND ITS USES.—The Sec36 retary of the Treasury shall establish an account in the Treasury into which

37 the Secretary of the Treasury shall deposit amounts the Secretary of Trans38 portation collects under section 5108(g)(2)(A) of this title and transfers to

39 the Secretary of the Treasury under section 5108(g)(2)(C) of this title.

40 Without further appropriation, amounts in the account are available—
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1 (1) to make grants under this section and section 5107(e) of this

2 title;

3 (2) to monitor and provide technical assistance under subsection (f)

4 of this section; and

5 (3) to pay administrative costs of carrying out this section and sec6 tions 5107(e), 5108(g)(2), and 5115 of this title, except that not more

7 than 10 percent of the amounts made available from the account in a

8 fiscal year may be used to pay those costs.

9 § 5117. Exemptions and exclusions

10 (a) AUTHORITY TO EXEMPT.—(1) As provided under procedures pre11 scribed by regulation, the Secretary of Transportation may issue an exemp12 tion from this chapter or a regulation prescribed under section 5103(b),

13 5104, 5110, or 5112 of this title to a person transporting, or causing to

14 be transported, hazardous material in a way that achieves a safety level—

15 (A) at least equal to the safety level required under this chapter; or

16 (B) consistent with the public interest and this chapter, if a required

17 safety level does not exist.

18 (2) An exemption under this subsection is effective for not more than 2

19 years and may be renewed on application to the Secretary.

20 (b) APPLICATIONS.—When applying for an exemption or renewal of an

21 exemption under this section, the person must provide a safety analysis pre22 scribed by the Secretary that justifies the exemption. The Secretary shall

23 publish in the Federal Register notice that an application for an exemption

24 has been filed and shall give the public an opportunity to inspect the safety

25 analysis and comment on the application. This subsection does not require

26 the release of information protected by law from public disclosure.

27 (c) EXCLUSIONS.—(1) The Secretary shall exclude, in any part, from this

28 chapter and regulations prescribed under this chapter—

29 (A) a public vessel (as defined in section 2101 of title 46);

30 (B) a vessel exempted under section 3702 of title 46 from chapter

31 37 of title 46; and

32 (C) a vessel to the extent it is regulated under the Ports and Water33 ways Safety Act of 1972 (33 U.S.C. 1221 et seq.).

34 (2) This chapter and regulations prescribed under this chapter do not

35 prohibit—

36 (A) or regulate transportation of a firearm (as defined in section 232

37 of title 18), or ammunition for a firearm, by an individual for personal

38 use; or

39 (B) transportation of a firearm or ammunition in commerce.
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1 (d) LIMITATION ON AUTHORITY.—Unless the Secretary decides that an

2 emergency exists, an exemption or renewal granted under this section is the

3 only way a person subject to this chapter may be exempt from this chapter.

4 § 5118. Inspectors

5 (a) GENERAL REQUIREMENT.—The Secretary of Transportation shall

6 maintain the employment of 30 hazardous material safety inspectors more

7 than the total number of safety inspectors authorized for the fiscal year that

8 ended September 30, 1990, for the Federal Railroad Administration, the

9 Federal Highway Administration, and the Research and Special Programs

10 Administration.

11 (b) ALLOCATION TO PROMOTE SAFETY IN TRANSPORTING RADIOACTIVE

12 MATERIAL.—(1) The Secretary shall ensure that 10 of the 30 additional in13 spectors focus on promoting safety in transporting radioactive material, as

14 defined by the Secretary, including inspecting—

15 (A) at the place of origin, shipments of high-level radioactive waste

16 or nuclear spent material (as those terms are defined in section

17 5105(a) of this title); and

18 (B) to the maximum extent practicable shipments of radioactive ma19 terial that are not high-level radioactive waste or nuclear spent mate20 rial.

21 (2) In carrying out their duties, those 10 additional inspectors shall co22 operate to the greatest extent possible with safety inspectors of the Nuclear

23 Regulatory Commission and appropriate State and local government offi24 cials.

25 (3) Those 10 additional inspectors shall be allocated as follows:

26 (A) one to the Research and Special Programs Administration.

27 (B) 3 to the Federal Railroad Administration.

28 (C) 3 to the Federal Highway Administration.

29 (D) the other 3 among the administrations referred to in clauses

30 (A)–(C) of this paragraph as the Secretary decides.

31 (c) ALLOCATION OF OTHER INSPECTORS.—The Secretary shall allocate,

32 as the Secretary decides, the 20 additional inspectors authorized under this

33 section and not allocated under subsection (b) of this section among the ad34 ministrations referred to in subsection (b)(3)(A)–(C) of this section.

35 § 5119. Uniform forms and procedures

36 (a) WORKING GROUP.—The Secretary of Transportation shall establish

37 a working group of State and local government officials, including rep38 resentatives of the National Governors’ Association, the National Associa39 tion of Counties, the National League of Cities, the United States Con40 ference of Mayors, and the National Conference of State Legislatures. The

41 purposes of the working group are—
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1 (1) to establish uniform forms and procedures for a State—

2 (A) to register persons that transport or cause to be transported

3 hazardous material by motor vehicle in the State; and

4 (B) to allow the transportation of hazardous material in the

5 State; and

6 (2) to decide whether to limit the filing of any State registration and

7 permit forms and collection of filing fees to the State in which the per8 son resides or has its principal place of business.

9 (b) CONSULTATION AND REPORTING.—The working group—

10 (1) shall consult with persons subject to registration and permit re11 quirements described in subsection (a) of this section; and

12 (2) not later than November 16, 1993, shall submit to the Secretary,

13 the Committee on Commerce, Science, and Transportation of the Sen14 ate, and the Committee on Public Works and Transportation of the

15 House of Representatives a final report that contains—

16 (A) a detailed statement of its findings and conclusions; and

17 (B) its joint recommendations on the matters referred to in sub18 section (a) of this section.

19 (c) REGULATIONS ON RECOMMENDATIONS.—(1) The Secretary shall pre20 scribe regulations to carry out the recommendations contained in the report

21 submitted under subsection (b) of this section with which the Secretary

22 agrees. The regulations shall be prescribed by the later of the last day of

23 the 3-year period beginning on the date the working group submitted its

24 report or the last day of the 90-day period beginning on the date on which

25 at least 26 States adopt all of the recommendations of the report. A regula26 tion prescribed under this subsection may not define or limit the amount

27 of a fee a State may impose or collect.

28 (2) A regulation prescribed under this subsection takes effect one year

29 after it is prescribed. The Secretary may extend the one-year period for an

30 additional year for good cause. After a regulation is effective, a State may

31 establish, maintain, or enforce a requirement related to the same subject

32 matter only if the requirement is the same as the regulation.

33 (3) In consultation with the working group, the Secretary shall develop

34 a procedure to eliminate differences in how States carry out a regulation

35 prescribed under this subsection.

36 (d) RELATIONSHIP TO OTHER LAWS.—The Federal Advisory Committee

37 Act (5 App. U.S.C.) does not apply to the working group.

38 § 5120. International uniformity of standards and require39 ments

40 (a) PARTICIPATION IN INTERNATIONAL FORUMS.—Subject to guidance

41 and direction from the Secretary of State, the Secretary of Transportation
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1 shall participate in international forums that establish or recommend man2 datory standards and requirements for transporting hazardous material in

3 international commerce.

4 (b) CONSULTATION.—The Secretary of Transportation may consult with

5 interested authorities to ensure that, to the extent practicable, regulations

6 the Secretary prescribes under sections 5103(b), 5104, 5110, and 5112 of

7 this title are consistent with standards related to transporting hazardous

8 material that international authorities adopt.

9 (c) DIFFERENCES WITH INTERNATIONAL STANDARDS AND REQUIRE10 MENTS.—This section—

11 (1) does not require the Secretary of Transportation to prescribe a

12 standard identical to a standard adopted by an international authority

13 if the Secretary decides the standard is unnecessary or unsafe; and

14 (2) does not prohibit the Secretary from prescribing a safety require15 ment more stringent than a requirement included in a standard adopt16 ed by an international authority if the Secretary decides the require17 ment is necessary in the public interest.

18 § 5121. Administrative

19 (a) GENERAL AUTHORITY.—To carry out this chapter, the Secretary of

20 Transportation may investigate, make reports, issue subpenas, conduct

21 hearings, require the production of records and property, take depositions,

22 and conduct research, development, demonstration, and training activities.

23 After notice and an opportunity for a hearing, the Secretary may issue an

24 order requiring compliance with this chapter or a regulation prescribed

25 under this chapter.

26 (b) RECORDS, REPORTS, AND INFORMATION.—A person subject to this

27 chapter shall—

28 (1) maintain records, make reports, and provide information the Sec29 retary by regulation or order requires; and

30 (2) make the records, reports, and information available when the

31 Secretary requests.

32 (c) INSPECTION.—(1) The Secretary may authorize an officer, employee,

33 or agent to inspect, at a reasonable time and in a reasonable way, records

34 and property related to—

35 (A) manufacturing, fabricating, marking, maintaining, recondition36 ing, repairing, testing, or distributing a package or container for use

37 by a person in transporting hazardous material in commerce; or

38 (B) the transportation of hazardous material in commerce.

39 (2) An officer, employee, or agent under this subsection shall display

40 proper credentials when requested.
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1 (d) FACILITY, STAFF, AND REPORTING SYSTEM ON RISKS, EMER2 GENCIES, AND ACTIONS.—(1) The Secretary shall—

3 (A) maintain a facility and technical staff sufficient to provide, with4 in the United States Government, the capability of evaluating a risk

5 related to the transportation of hazardous material and material al6 leged to be hazardous;

7 (B) maintain a central reporting system and information center ca8 pable of providing information and advice to law enforcement and fire9 fighting personnel, other interested individuals, and officers and em10 ployees of the Government and State and local governments on meeting

11 an emergency related to the transportation of hazardous material; and

12 (C) conduct a continuous review on all aspects of transporting haz13 ardous material to decide on and take appropriate actions to ensure

14 safe transportation of hazardous material.

15 (2) Paragraph (1) of this subsection does not prevent the Secretary from

16 making a contract with a private entity for use of a supplemental reporting

17 system and information center operated and maintained by the contractor.

18 (e) ANNUAL REPORT.—The Secretary shall submit to the President, for

19 submission to Congress, not later than June 15th of each year, a report

20 about the transportation of hazardous material during the prior calendar

21 year. The report shall include—

22 (1) a statistical compilation of accidents and casualties related to the

23 transportation of hazardous material;

24 (2) a list and summary of applicable Government regulations, cri25 teria, orders, and exemptions;

26 (3) a summary of the basis for each exemption;

27 (4) an evaluation of the effectiveness of enforcement activities and

28 the degree of voluntary compliance with regulations;

29 (5) a summary of outstanding problems in carrying out this chapter

30 in order of priority; and

31 (6) recommendations for appropriate legislation.

32 § 5122. Enforcement

33 (a) GENERAL.—At the request of the Secretary of Transportation, the

34 Attorney General may bring a civil action in an appropriate district court

35 of the United States to enforce this chapter or a regulation prescribed or

36 order issued under this chapter. The court may award appropriate relief,

37 including punitive damages.

38 (b) IMMINENT HAZARDS.—(1) If the Secretary has reason to believe that

39 an imminent hazard exists, the Secretary may bring a civil action in an ap40 propriate district court of the United States—
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1 (A) to suspend or restrict the transportation of the hazardous mate2 rial responsible for the hazard; or

3 (B) to eliminate or ameliorate the hazard.

4 (2) On request of the Secretary, the Attorney General shall bring an ac5 tion under paragraph (1) of this subsection.

6 § 5123. Civil penalty

7 (a) PENALTY.—(1) A person that knowingly violates this chapter or a

8 regulation prescribed or order issued under this chapter is liable to the

9 United States Government for a civil penalty of at least $250 but not more

10 than $25,000 for each violation. A person acts knowingly when—

11 (A) the person has actual knowledge of the facts giving rise to the

12 violation; or

13 (B) a reasonable person acting in the circumstances and exercising

14 reasonable care would have that knowledge.

15 (2) A separate violation occurs for each day the violation, committed by

16 a person that transports or causes to be transported hazardous material,

17 continues.

18 (b) HEARING REQUIREMENT.—The Secretary of Transportation may find

19 that a person has violated this chapter or a regulation prescribed under this

20 chapter only after notice and an opportunity for a hearing. The Secretary

21 shall impose a penalty under this section by giving the person written notice

22 of the amount of the penalty.

23 (c) PENALTY CONSIDERATIONS.—In determining the amount of a civil

24 penalty under this section, the Secretary shall consider—

25 (1) the nature, circumstances, extent, and gravity of the violation;

26 (2) with respect to the violator, the degree of culpability, any history

27 of prior violations, the ability to pay, and any effect on the ability to

28 continue to do business; and

29 (3) other matters that justice requires.

30 (d) CIVIL ACTIONS TO COLLECT.—The Attorney General may bring a

31 civil action in an appropriate district court of the United States to collect

32 a civil penalty under this section.

33 (e) COMPROMISE.—The Secretary may compromise the amount of a civil

34 penalty imposed under this section before referral to the Attorney General.

35 (f) SETOFF.—The Government may deduct the amount of a civil penalty

36 imposed or compromised under this section from amounts it owes the person

37 liable for the penalty.

38 (g) DEPOSITING AMOUNTS COLLECTED.—Amounts collected under this

39 section shall be deposited in the Treasury as miscellaneous receipts.
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1 § 5124. Criminal penalty

2 A person knowingly violating section 5104(b) of this title or willfully vio3 lating this chapter or a regulation prescribed or order issued under this

4 chapter shall be fined under title 18, imprisoned for not more than 5 years,

5 or both.

6 § 5125. Preemption

7 (a) GENERAL.—Except as provided in subsections (b), (c), and (e) of this

8 section, a requirement of a State, political subdivision of a State, or Indian

9 tribe is preempted if—

10 (1) complying with a requirement of the State, political subdivision,

11 or tribe and a requirement of this chapter or a regulation prescribed

12 under this chapter is not possible; or

13 (2) the requirement of the State, political subdivision, or tribe, as

14 applied or enforced, is an obstacle to accomplishing and carrying out

15 this chapter or a regulation prescribed under this chapter.

16 (b) SUBSTANTIVE DIFFERENCES.—(1) Except as provided in subsection

17 (c) of this section, a law, regulation, order, or other requirement of a State,

18 political subdivision of a State, or Indian tribe about any of the following

19 subjects, that is not substantively the same as a provision of this chapter

20 or a regulation prescribed under this chapter, is preempted:

21 (A) the designation, description, and classification of hazardous ma22 terial.

23 (B) the packing, repacking, handling, labeling, marking, and

24 placarding of hazardous material.

25 (C) the preparation, execution, and use of shipping documents relat26 ed to hazardous material and requirements related to the number, con27 tents, and placement of those documents.

28 (D) the written notification, recording, and reporting of the uninten29 tional release in transportation of hazardous material.

30 (E) the design, manufacturing, fabricating, marking, maintenance,

31 reconditioning, repairing, or testing of a package or container rep32 resented, marked, certified, or sold as qualified for use in transporting

33 hazardous material.

34 (2) If the Secretary of Transportation prescribes or has prescribed under

35 section 5103(b), 5104, 5110, or 5112 of this title or prior comparable provi36 sion of law a regulation or standard related to a subject referred to in para37 graph (1) of this subsection, a State, political subdivision of a State, or In38 dian tribe may prescribe, issue, maintain, and enforce only a law, regulation,

39 standard, or order about the subject that is substantively the same as a pro40 vision of this chapter or a regulation prescribed or order issued under this

41 chapter. The Secretary shall decide on and publish in the Federal Register
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1 the effective date of section 5103(b) of this title for any regulation or stand2 ard about any of those subjects that the Secretary prescribes after Novem3 ber 16, 1990. However, the effective date may not be earlier than 90 days

4 after the Secretary prescribes the regulation or standard nor later than the

5 last day of the 2-year period beginning on the date the Secretary prescribes

6 the regulation or standard.

7 (3) If a State, political subdivision of a State, or Indian tribe imposes

8 a fine or penalty the Secretary decides is appropriate for a violation related

9 to a subject referred to in paragraph (1) of this subsection, an additional

10 fine or penalty may not be imposed by any other authority.

11 (c) COMPLIANCE WITH SECTION 5112(b) REGULATIONS.—(1) Except as

12 provided in paragraph (2) of this subsection, after the last day of the 2-

13 year period beginning on the date a regulation is prescribed under section

14 5112(b) of this title, a State or Indian tribe may establish, maintain, or en15 force a highway routing designation over which hazardous material may or

16 may not be transported by motor vehicles, or a limitation or requirement

17 related to highway routing, only if the designation, limitation, or require18 ment complies with section 5112(b).

19 (2)(A) A highway routing designation, limitation, or requirement estab20 lished before the date a regulation is prescribed under section 5112(b) of

21 this title does not have to comply with section 5112(b)(1)(B), (C), and (F).

22 (B) This subsection and section 5112 of this title do not require a State

23 or Indian tribe to comply with section 5112(b)(1)(I) if the highway routing

24 designation, limitation, or requirement was established before November 16,

25 1990.

26 (C) The Secretary may allow a highway routing designation, limitation,

27 or requirement to continue in effect until a dispute related to the designa28 tion, limitation, or requirement is resolved under section 5112(d) of this

29 title.

30 (d) DECISIONS ON PREEMPTION.—(1) A person (including a State, politi31 cal subdivision of a State, or Indian tribe) directly affected by a requirement

32 of a State, political subdivision, or tribe may apply to the Secretary, as pro33 vided by regulations prescribed by the Secretary, for a decision on whether

34 the requirement is preempted by subsection (a), (b)(1), or (c) of this sec35 tion. The Secretary shall publish notice of the application in the Federal

36 Register. After notice is published, an applicant may not seek judicial relief

37 on the same or substantially the same issue until the Secretary takes final

38 action on the application or until 180 days after the application is filed,

39 whichever occurs first.
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1 (2) After consulting with States, political subdivisions of States, and In2 dian tribes, the Secretary shall prescribe regulations for carrying out para3 graph (1) of this subsection.

4 (3) Subsection (a) of this section does not prevent a State, political sub5 division of a State, or Indian tribe, or another person directly affected by

6 a requirement, from seeking a decision on preemption from a court of com7 petent jurisdiction instead of applying to the Secretary under paragraph (1)

8 of this subsection.

9 (e) WAIVER OF PREEMPTION.—A State, political subdivision of a State,

10 or Indian tribe may apply to the Secretary for a waiver of preemption of

11 a requirement the State, political subdivision, or tribe acknowledges is pre12 empted by subsection (a), (b)(1), or (c) of this section. Under a procedure

13 the Secretary prescribes by regulation, the Secretary may waive preemption

14 on deciding the requirement—

15 (1) provides the public at least as much protection as do require16 ments of this chapter and regulations prescribed under this chapter;

17 and

18 (2) is not an unreasonable burden on commerce.

19 (f) JUDICIAL REVIEW.—A party to a proceeding under subsection (d) or

20 (e) of this section may bring a civil action in an appropriate district court

21 of the United States for judicial review of the decision of the Secretary not

22 later than 60 days after the decision becomes final.

23 (g) FEES.—A State, political subdivision of a State, or Indian tribe may

24 impose a fee related to transporting hazardous material only if the fee is

25 fair and used for a purpose related to transporting hazardous material, in26 cluding enforcement and planning, developing, and maintaining a capability

27 for emergency response.

28 § 5126. Relationship to other laws

29 (a) CONTRACTS.—A person under contract with a department, agency, or

30 instrumentality of the United States Government that transports or causes

31 to be transported hazardous material, or manufactures, fabricates, marks,

32 maintains, reconditions, repairs, or tests a package or container that the

33 person represents, marks, certifies, or sells as qualified for use in transport34 ing hazardous material must comply with this chapter, regulations pre35 scribed and orders issued under this chapter, and all other requirements of

36 the Government, State and local governments, and Indian tribes (except a

37 requirement preempted by a law of the United States) in the same way and

38 to the same extent that any person engaging in that transportation, manu39 facturing, fabricating, marking, maintenance, reconditioning, repairing, or

40 testing that is in or affects commerce must comply with the provision, regu41 lation, order, or requirement.
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1 (b) NONAPPLICATION.—This chapter does not apply to—

2 (1) a pipeline subject to regulation under chapter 601 of this title;

3 or

4 (2) any matter that is subject to the postal laws and regulations of

5 the United States under this chapter or title 18 or 39.

6 § 5127. Authorization of appropriations

7 (a) GENERAL.—Not more than $18,000,000 may be appropriated to the

8 Secretary of Transportation for the fiscal year ending September 30, 1993,

9 to carry out this chapter (except sections 5107(e), 5108(g)(2), 5115, 5116,

10 and 5119).

11 (b) HAZMAT EMPLOYEE TRAINING.—Not more than $250,000 is avail12 able to the Director of the National Institute of Environmental Health

13 Sciences from the account established under section 5116(i) of this title for

14 each of the fiscal years ending September 30, 1993–1998, to carry out sec15 tion 5107(e) of this title.

16 (c) TRAINING CURRICULUM.—(1) Not more than $1,000,000 is available

17 to the Secretary of Transportation from the account established under sec18 tion 5116(i) of this title for each of the fiscal years ending September 30,

19 1993–1998, to carry out section 5115 of this title.

20 (2) The Secretary of Transportation may transfer to the Director of the

21 Federal Emergency Management Agency from amounts available under this

22 subsection amounts necessary to carry out section 5115(d)(1) of this title.

23 (d) PLANNING AND TRAINING.—(1) Not more than $5,000,000 is avail24 able to the Secretary of Transportation from the account established under

25 section 5116(i) of this title for each of the fiscal years ending September

26 30, 1993–1998, to carry out section 5116(a) of this title.

27 (2) Not more than $7,800,000 is available to the Secretary of Transpor28 tation from the account established under section 5116(i) of this title for

29 each of the fiscal years ending September 30, 1993–1998, to carry out sec30 tion 5116(b) of this title.

31 (3) Not more than the following amounts are available from the account

32 established under section 5116(i) of this title for each of the fiscal years

33 ending September 30, 1993–1998, to carry out section 5116(f) of this title:

34 (A) $750,000 each to the Secretaries of Transportation and Energy,

35 Administrator of the Environmental Protection Agency, and Director of

36 the Federal Emergency Management Agency.

37 (B) $200,000 to the Director of the National Institute of Environ38 mental Health Sciences.

39 (e) UNIFORM FORMS AND PROCEDURES.—Not more than $400,000 may

40 be appropriated to the Secretary of Transportation for each of the fiscal

41 year ending September 30, 1993, to carry out section 5119 of this title.
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1 (f) CREDITS TO APPROPRIATIONS.—The Secretary of Transportation may

2 credit to any appropriation to carry out this chapter an amount received

3 from a State, Indian tribe, or other public authority or private entity for

4 expenses the Secretary incurs in providing training to the State, authority,

5 or entity.

6 (g) AVAILABILITY OF AMOUNTS.—Amounts available under subsections

7 (c)–(e) of this section remain available until expended.

8 CHAPTER 53—MASS TRANSPORTATION

Sec.

5301. Policies, findings, and purposes.

5302. Definitions.

5303. Metropolitan planning.

5304. Transportation improvement program.

5305. Transportation management areas.

5306. Private enterprise participation in metropolitan planning and transportation improvement programs and relationship to other limitations.

5307. Block grants.

5308. Mass Transit Account block grants.

5309. Discretionary grants and loans.

5310. Grants and loans for special needs of elderly individuals and individuals with disabilities.

5311. Financial assistance for other than urbanized areas.

5312. Research, development, demonstration, and training projects.

5313. State planning and research programs.

5314. National planning and research programs.

5315. National mass transportation institute.

5316. University research institutes.

5317. Transportation centers.

5318. Bus testing facility.

5319. Bicycle facilities.

5320. Suspended light rail system technology pilot project.

5321. Crime prevention and security.

5322. Human resource programs.

5323. General provisions on assistance.

5324. Limitations on discretionary and special needs grants and loans.

5325. Contract requirements.

5326. Special procurements.

5327. Project management oversight.

5328. Project review.

5329. Investigation of safety hazards.

5330. Withholding amounts for noncompliance with safety requirements.

5331. Alcohol and controlled substances testing.

5332. Nondiscrimination.

5333. Labor standards.

5334. Administrative.

5335. Reports and audits.

5336. Apportionment of appropriations for block grants.

5337. Apportionment of appropriations for fixed guideway modernization.

5338. Authorizations.

9 § 5301. Policies, findings, and purposes

10 (a) DEVELOPMENT OF TRANSPORTATION SYSTEMS.—It is in the interest

11 of the United States to encourage and promote the development of transpor12 tation systems that embrace various modes of transportation and efficiently

13 maximize mobility of individuals and goods in and through urbanized areas

14 and minimize transportation-related fuel consumption and air pollution.

15 (b) GENERAL FINDINGS.—Congress finds that—
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1 (1) more than 70 percent of the population of the United States is

2 located in rapidly expanding urban areas that generally cross the

3 boundary lines of local jurisdictions and often extend into at least 2

4 States;

5 (2) the welfare and vitality of urban areas, the satisfactory move6 ment of people and goods within those areas, and the effectiveness of

7 programs aided by the United States Government are jeopardized by

8 deteriorating or inadequate urban transportation service and facilities,

9 the intensification of traffic congestion, and the lack of coordinated,

10 comprehensive, and continuing development planning;

11 (3) transportation is the lifeblood of an urbanized society, and the

12 health and welfare of an urbanized society depend on providing effi13 cient, economical, and convenient transportation in and between urban

14 areas;

15 (4) for many years the mass transportation industry capably and

16 profitably satisfied the transportation needs of the urban areas of the

17 United States but in the early 1970’s continuing even minimal mass

18 transportation service in urban areas was threatened because maintain19 ing that transportation service was financially burdensome;

20 (5) ending that transportation, or the continued increase in its cost

21 to the user, is undesirable and may affect seriously and adversely the

22 welfare of a substantial number of lower income individuals;

23 (6) some urban areas were developing preliminary plans for, or car24 rying out, projects in the early 1970’s to revitalize their mass transpor25 tation operations;

26 (7) significant mass transportation improvements are necessary to

27 achieve national goals for improved air quality, energy conservation,

28 international competitiveness, and mobility for elderly individuals, indi29 viduals with disabilities, and economically disadvantaged individuals in

30 urban and rural areas of the United States;

31 (8) financial assistance by the Government to develop efficient and

32 coordinated mass transportation systems is essential to solve the urban

33 transportation problems referred to in clause (2) of this subsection; and

34 (9) immediate substantial assistance by the Government is needed to

35 enable mass transportation systems to continue providing vital trans36 portation service.

37 (c) RAPID URBANIZATION AND CONTINUING POPULATION DISPERSAL.—

38 Rapid urbanization and continuing dispersal of the population and activities

39 in urban areas have made the ability of all citizens to move quickly and at

40 a reasonable cost an urgent problem of the Government.
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1 (d) ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES.—It is

2 the policy of the Government that elderly individuals and individuals with

3 disabilities have the same right as other individuals to use mass transpor4 tation service and facilities. Special efforts shall be made in planning and

5 designing mass transportation service and facilities to ensure that mass

6 transportation can be used by elderly individuals and individuals with dis7 abilities. All programs of the Government assisting mass transportation

8 shall carry out this policy.

9 (e) PRESERVING THE ENVIRONMENT.—It is the policy of the Government

10 that special effort shall be made to preserve the natural beauty of the coun11 tryside, public park and recreation lands, wildlife and waterfowl refuges,

12 and important historical and cultural assets when planning, designing, and

13 carrying out an urban mass transportation capital project with assistance

14 from the Government under sections 5309 and 5310 of this title.

15 (f) GENERAL PURPOSES.—The purposes of this chapter are—

16 (1) to assist in developing improved mass transportation equipment,

17 facilities, techniques, and methods with the cooperation of public and

18 private mass transportation companies;

19 (2) to encourage the planning and establishment of areawide urban

20 mass transportation systems needed for economical and desirable urban

21 development with the cooperation of public and private mass transpor22 tation companies;

23 (3) to assist States and local governments and their authorities in

24 financing areawide urban mass transportation systems that are to be

25 operated by public or private mass transportation companies as decided

26 by local needs;

27 (4) to provide financial assistance to State and local governments

28 and their authorities to help carry out national goals related to mobility

29 for elderly individuals, individuals with disabilities, and economically

30 disadvantaged individuals; and

31 (5) to establish a partnership that allows a community, with finan32 cial assistance from the Government, to satisfy its urban mass trans33 portation requirements.

34 § 5302. Definitions

35 (a) GENERAL.—In this chapter—

36 (1) ‘‘capital project’’ means a project for—

37 (A) acquiring, constructing, supervising, or inspecting equip38 ment or a facility for use in mass transportation, expenses inciden39 tal to the acquisition or construction (including designing, engi40 neering, location surveying, mapping, and acquiring rights of way),

41 relocation assistance, acquiring replacement housing sites, and ac-
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1 quiring, constructing, relocating, and rehabilitating replacement

2 housing;

3 (B) rehabilitating a bus that extends the economic life of a bus

4 for at least 5 years;

5 (C) remanufacturing a bus that extends the economic life of a

6 bus for at least 8 years; or

7 (D) overhauling rail rolling stock.

8 (2) ‘‘chief executive officer of a State’’ includes the designee of the

9 chief executive officer.

10 (3) ‘‘emergency regulation’’ means a regulation—

11 (A) that is effective temporarily before the expiration of the oth12 erwise specified periods of time for public notice and comment

13 under section 5334(b) of this title; and

14 (B) prescribed by the Secretary of Transportation as the result

15 of a finding that a delay in the effective date of the regulation—

16 (i) would injure seriously an important public interest;

17 (ii) would frustrate substantially legislative policy and in18 tent; or

19 (iii) would damage seriously a person or class without serv20 ing an important public interest.

21 (4) ‘‘fixed guideway’’ means a mass transportation facility—

22 (A) using and occupying a separate right of way or rail for the

23 exclusive use of mass transportation and other high occupancy ve24 hicles; or

25 (B) using a fixed catenary system and a right of way usable by

26 other forms of transportation.

27 (5) ‘‘handicapped individual’’ means an individual who, because of

28 illness, injury, age, congenital malfunction, or other incapacity or tem29 porary or permanent disability (including an individual who is a wheel30 chair user or has semiambulatory capability), cannot use effectively,

31 without special facilities, planning, or design, mass transportation serv32 ice or a mass transportation facility.

33 (6) ‘‘local governmental authority’’ includes—

34 (A) a political subdivision of a State;

35 (B) an authority of at least one State or political subdivision of

36 a State;

37 (C) an Indian tribe; and

38 (D) a public corporation, board, or commission established

39 under the laws of a State.

40 (7) ‘‘mass transportation’’ means transportation by a conveyance

41 that provides regular and continuing general or special transportation
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1 to the public, but does not include schoolbus, charter, or sightseeing

2 transportation.

3 (8) ‘‘net property cost’’ means the part of a project that reasonably

4 cannot be financed from revenues.

5 (9) ‘‘new bus model’’ means a bus model (including a model using

6 alternative fuel)—

7 (A) that has not been used in mass transportation in the United

8 States before the date of production of the model; or

9 (B) used in mass transportation in the United States but being

10 produced with a major change in configuration or components.

11 (10) ‘‘regulation’’ means any part of a statement of general or par12 ticular applicability of the Secretary of Transportation designed to

13 carry out, interpret, or prescribe law or policy in carrying out this

14 chapter.

15 (11) ‘‘State’’ means a State of the United States, the District of Co16 lumbia, Puerto Rico, the Northern Mariana Islands, Guam, American

17 Samoa, and the Virgin Islands.

18 (12) ‘‘urban area’’ means an area that includes a municipality or

19 other built-up place that the Secretary of Transportation, after consid20 ering local patterns and trends of urban growth, decides is appropriate

21 for a local mass transportation system to serve individuals in the local22 ity.

23 (13) ‘‘urbanized area’’ means an area—

24 (A) encompassing at least an urbanized area within a State that

25 the Secretary of Commerce designates; and

26 (B) designated an urbanized area within boundaries fixed by

27 State and local officials and approved by the Secretary of Trans28 portation.

29 (b) AUTHORITY TO MODIFY ‘‘HANDICAPPED INDIVIDUAL’’.—The Sec30 retary of Transportation by regulation may modify the definition of sub31 section (a)(5) of this section as it applies to section 5307(d)(1)(D) of this

32 title.

33 § 5303. Metropolitan planning

34 (a) DEVELOPMENT REQUIREMENTS.—To carry out section 5301(a) of

35 this title, metropolitan planning organizations designated under subsection

36 (c) of this section, in cooperation with States, shall develop transportation

37 plans and programs for State urbanized areas. The plans and programs for

38 each area shall provide for developing transportation facilities (including pe39 destrian walkways and bicycle transportation facilities) that will function as

40 an intermodal transportation system for the State, metropolitan area, and

41 United States. The development process shall provide for consideration of
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1 all modes of transportation and shall be continuing, cooperative, and com2 prehensive to the degree appropriate, based on the complexity of the trans3 portation problems.

4 (b) PLAN AND PROGRAM FACTORS.—In developing plans and programs

5 under this section and sections 5304–5306 of this title, each metropolitan

6 planning organization at least shall consider the following factors:

7 (1) preserving existing transportation facilities and, where practical,

8 ways to meet transportation needs by using existing transportation fa9 cilities more efficiently.

10 (2) the consistency of transportation planning with United States

11 Government, State, and local energy conservation programs, goals, and

12 objectives.

13 (3) the need to relieve congestion and prevent congestion from occur14 ring.

15 (4) the likely effect of transportation policy decisions on land use

16 and development and the consistency of transportation plans and pro17 grams with short- and long-term land use and development plans.

18 (5) programming expenditures on transportation enhancement activi19 ties, as required under section 133 of title 23.

20 (6) the effects of all transportation projects to be undertaken in the

21 metropolitan area, without regard to whether the projects are publicly

22 financed.

23 (7) international border crossings and access to ports, airports, inter24 modal transportation facilities, major freight distribution routes, na25 tional parks, recreation areas, monuments and historic sites, and mili26 tary installations.

27 (8) the need for connecting roads in the metropolitan area with

28 roads outside the area.

29 (9) the transportation needs identified by using the management sys30 tems required by section 303 of title 23.

31 (10) preserving rights of way for constructing future transportation

32 projects, including identifying—

33 (A) unused rights of way that may be needed for future trans34 portation corridors; and

35 (B) corridors where action is needed most to prevent destruction

36 or loss.

37 (11) ways to enhance the efficient movement of freight.

38 (12) using life-cycle costs in designing and engineering bridges, tun39 nels, and pavement.

40 (13) the overall social, economic, energy, and environmental effects

41 of transportation decisions.
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1 (14) ways to expand and enhance mass transportation services and

2 to increase usage of those services.

3 (15) capital investments that will result in increased security in mass

4 transportation systems.

5 (c) DESIGNATING METROPOLITAN PLANNING ORGANIZATIONS.—(1) To

6 carry out the planning process required by this section, a metropolitan plan7 ning organization shall be designated for each urbanized area with a popu8 lation of more than 50,000—

9 (A) by agreement of the chief executive officer of a State and units

10 of general local government representing at least 75 percent of the af11 fected population (including the central city as defined by the Secretary

12 of Commerce); or

13 (B) under procedures established by State or local law.

14 (2) In a metropolitan area designated as a transportation management

15 area, the designated metropolitan planning organization, if redesignated

16 after December 18, 1991, shall include local elected officials, officials of au17 thorities that administer or operate major modes of transportation in the

18 metropolitan area (including all transportation authorities included in the

19 organization on June 1, 1991), and appropriate State officials.

20 (3) More than one metropolitan planning organization may be designated

21 in an urbanized area (as defined by the Secretary of Commerce) only if the

22 chief executive officer decides that the size and complexity of the urbanized

23 area make designation of more than one organization appropriate.

24 (4) A designation is effective until—

25 (A) the organization is redesignated under paragraph (3) of this sub26 section; or

27 (B) revoked—

28 (i) by agreement of the chief executive officer and units of gen29 eral local government representing at least 75 percent of the af30 fected population; or

31 (ii) as otherwise provided by State or local procedures.

32 (5)(A) The chief executive officer and units of general local government

33 representing at least 75 percent of the affected population (including the

34 central city as defined by the Secretary of Commerce) may redesignate by

35 agreement a metropolitan planning organization when appropriate to carry

36 out this section.

37 (B) A metropolitan planning organization shall be redesignated on re38 quest of one or more units of general local government representing at least

39 25 percent of the affected population (including the central city as defined

40 by the Secretary of Commerce) in an urbanized area with a population of

41 more than 5,000,000, but less than 10,000,000 or that is an extreme non-
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1 attainment area for ozone or carbon monoxide (as defined in the Clean Air

2 Act (42 U.S.C. 7401 et seq.)).

3 (C) A metropolitan planning organization shall be redesignated using pro4 cedures established to carry out this paragraph.

5 (6) This subsection does not affect the authority, under State law in ef6 fect on December 18, 1991, of a public authority with multimodal transpor7 tation responsibilities—

8 (A) to develop plans and programs for a metropolitan planning orga9 nization to adopt; and

10 (B) to develop long-range capital plans, coordinate mass transpor11 tation services and projects, and carry out other activities under State

12 law.

13 (d) METROPOLITAN AREA BOUNDARIES.—To carry out this section, the

14 metropolitan planning organization and the chief executive officer shall de15 cide by agreement on the boundaries of a metropolitan area. The area shall

16 cover at least the existing urbanized area and the contiguous area expected

17 to become urbanized within the 20-year forecast period and may include the

18 Metropolitan Statistical Area or Consolidated Metropolitan Statistical Area,

19 as defined by the Secretary of Commerce. An area designated as an non20 attainment area for ozone or carbon monoxide under the Clean Air Act (42

21 U.S.C. 7401 et seq.) shall include at least the boundaries of the nonattain22 ment area, except as the chief executive officer and metropolitan planning

23 organization otherwise agree.

24 (e) COORDINATION.—(1) The Secretary of Transportation shall establish

25 requirements the Secretary considers appropriate to encourage chief execu26 tive officers and metropolitan planning organizations with responsibility for

27 part of a multi-State metropolitan area to provide coordinated transpor28 tation planning for the entire area.

29 (2) Congress consents to at least 2 States making an agreement, not in

30 conflict with a law of the United States, for cooperative efforts and mutual

31 assistance in support of activities authorized under this section related to

32 interstate areas and localities in the States and establishing authorities the

33 States consider desirable for making the agreement effective.

34 (3) If more than one metropolitan planning organization has authority in

35 a metropolitan area or an area designated a nonattainment area for ozone

36 or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), each

37 organization shall consult with the other organizations designated for the

38 area and the State to coordinate plans and projects required by this section

39 and sections 5304–5306 of this title.

40 (f) DEVELOPING LONG-RANGE PLANS.—(1) Each metropolitan planning

41 organization shall prepare and update periodically, according to a schedule
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1 the Secretary of Transportation decides is appropriate, a long-range plan

2 for its metropolitan area under the requirements of this section. The plan

3 shall be in the form the Secretary considers appropriate and at least shall—

4 (A) identify transportation facilities (including major roadways, mass

5 transportation, and multimodal and intermodal facilities) that should

6 function as an integrated metropolitan transportation system, empha7 sizing transportation facilities that serve important United States and

8 regional transportation functions;

9 (B) include a financial plan that—

10 (i) demonstrates how the long-range plan can be carried out;

11 (ii) indicates resources from public and private sources reason12 ably expected to be made available to carry out the plan; and

13 (iii) recommends innovative financing techniques, including

14 value capture, tolls, and congestion pricing, to finance needed

15 projects and programs;

16 (C) assess capital investment and other measures necessary—

17 (i) to ensure the preservation of the existing metropolitan trans18 portation system, including requirements for operational improve19 ments, resurfacing, restoration, and rehabilitation of existing and

20 future major roadways, and operations, maintenance, moderniza21 tion, and rehabilitation of existing and future mass transportation

22 facilities; and

23 (ii) to use existing transportation facilities most efficiently to re24 lieve vehicular congestion and maximize the mobility of individuals

25 and goods; and

26 (D) indicate appropriate proposed transportation enhancement ac27 tivities.

28 (2) When formulating a long-range plan, the metropolitan planning orga29 nization shall consider the factors described in subsection (e) of this section

30 as they are related to a 20-year forecast period.

31 (3) In a metropolitan area that is in a nonattainment area for ozone or

32 carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the

33 metropolitan planning organization shall coordinate the development of the

34 long-range plan with the development of the transportation control measures

35 of the State Implementation Plan required by the Act.

36 (4) Before approving a long-range plan, each metropolitan planning orga37 nization shall provide citizens, affected public agencies, representatives of

38 mass transportation authority employees, private providers of transpor39 tation, and other interested parties with a reasonable opportunity to com40 ment on the plan in a way the Secretary of Transportation considers appro41 priate.
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1 (5) A long-range plan shall be—

2 (A) made readily available for public review; and

3 (B) submitted for information purposes to the chief executive officer

4 of the State at the time and in the way the Secretary of Transportation

5 establishes.

6 (g) GRANTS.—Under criteria the Secretary of Transportation establishes,

7 the Secretary may make contracts for, and grants to, States, local govern8 mental authorities, and authorities of the States and governmental authori9 ties, or may make agreements with other departments, agencies, and instru10 mentalities of the Government, to plan, engineer, design, and evaluate a

11 mass transportation project and for other technical studies, including—

12 (1) studies related to management, operations, capital requirements,

13 and economic feasibility;

14 (2) evaluating previously financed projects; and

15 (3) other similar and related activities preliminary to and in prepara16 tion for constructing, acquiring, or improving the operation of facilities

17 and equipment.

18 (h) BALANCED AND COMPREHENSIVE PLANNING.—(1) To the extent

19 practicable, the Secretary of Transportation shall ensure that amounts made

20 available under section 5338(g)(1) of this title to carry out this section and

21 sections 5304–5306 of this title are used to support balanced and com22 prehensive transportation planning that considers the relationships among

23 land use and all transportation modes, without regard to the programmatic

24 source of the planning amounts.

25 (2)(A) The Secretary of Transportation shall apportion 80 percent of the

26 amount made available under section 5338(g)(1) of this title to States in

27 a ratio equal to the population in urbanized areas in each State divided by

28 the total population in urbanized areas in all States, as shown by the latest

29 available decennial census. A State may not receive less than .5 percent of

30 the amount apportioned under this subparagraph.

31 (B) Amounts apportioned to a State under subparagraph (A) of this

32 paragraph shall be allocated to metropolitan planning organizations in the

33 State designated under this section under a formula—

34 (i) the State develops in cooperation with the metropolitan planning

35 organizations;

36 (ii) the Secretary of Transportation approves; and

37 (iii) that considers population in urbanized areas and provides an ap38 propriate distribution for urbanized areas to carry out the cooperative

39 processes described in this section.
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1 (C) A State shall make amounts available promptly to eligible metropoli2 tan planning organizations according to procedures the Secretary of Trans3 portation approves.

4 (3)(A) The Secretary of Transportation shall apportion 20 percent of the

5 amount made available under section 5338(g)(1) of this title to States to

6 supplement allocations made under paragraph (2)(B) of this subsection for

7 metropolitan planning organizations.

8 (B) Amounts under this paragraph shall be allocated under a formula

9 that reflects the additional cost of carrying out planning, programming, and

10 project selection responsibilities under this section and sections 5304–5306

11 of this title in those areas.

12 (4) To the maximum extent practicable, the Secretary of Transportation

13 shall ensure that no metropolitan planning organization is allocated less

14 than the amount it received by administrative formula under this section in

15 the fiscal year that ended September 30, 1991. To carry out this subsection,

16 the Secretary may make a proportionate reduction in other amounts made

17 available to carry out section 5338(g)(1) of this title.

18 (5) Amounts available for an activity under this subsection are for 80

19 percent of the cost of the activity unless the Secretary of Transportation

20 decides it is in the interests of the Government not to require a State or

21 local match.

22 (6) An amount apportioned under this subsection—

23 (A) remains available for 3 years after the fiscal year in which the

24 amount is apportioned, and

25 (B) that is unobligated at the end of the 3-year period shall be

26 reapportioned among the States for the next fiscal year.

27 § 5304. Transportation improvement program

28 (a) DEVELOPMENT AND UPDATE.—In cooperation with the State and af29 fected mass transportation operators, a metropolitan planning organization

30 designated for a metropolitan area shall develop a transportation improve31 ment program for the area. In developing the program, the organization

32 shall provide citizens, affected public agencies, representatives of transpor33 tation authority employees, other affected employee representatives, private

34 providers of transportation, and other interested parties with a reasonable

35 opportunity to comment on the proposed program. The program shall be up36 dated at least once every 2 years and shall be approved by the organization

37 and the chief executive officer of the State.

38 (b) CONTENTS.—A transportation improvement program for a metropoli39 tan area shall include—

40 (1) a priority list of projects and parts of projects to be carried out

41 in each 3-year period after the program is adopted; and
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1 (2) a financial plan that—

2 (A) demonstrates how the program can be carried out;

3 (B) indicates resources from public and private sources that

4 reasonably are expected to be made available to carry out the plan;

5 and

6 (C) recommends innovative financing techniques, including value

7 capture, tolls, and congestion pricing, to finance needed projects.

8 (c) PROJECT SELECTION.—(1) Except as provided in section 5305(d)(1)

9 of this title, the State, in cooperation with the metropolitan planning organi10 zation, shall select projects in a metropolitan area that involves United

11 States Government participation. Selection shall comply with the transpor12 tation improvement program for the area.

13 (2) A transportation improvement program for a metropolitan area shall

14 include—

15 (A) projects within the area that are proposed for financing under

16 this chapter and title 23 and that are consistent with the long-range

17 plan developed under section 5303(f) of this title; and

18 (B) a project or an identified phase of a project only if full financing

19 reasonably can be anticipated to be available for the project in the pe20 riod estimated for completion.

21 (d) NOTICE AND COMMENT.—Before approving a transportation improve22 ment program, a metropolitan planning organization shall provide citizens,

23 affected public agencies, representatives of transportation agency employees,

24 private providers of transportation, and other interested parties with reason25 able notice and an opportunity to comment on the proposed program.

26 (e) REGULATORY PROCEEDING.—Not later than June 18, 1992, the Sec27 retary of Transportation shall begin a regulatory proceeding to conform re28 view requirements for mass transportation projects under the National En29 vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to comparable re30 quirements under that Act applicable to highway projects. This section and

31 sections 5303, 5305, and 5306 of this title do not affect the applicability

32 of the Act to mass transportation or highway projects. A mass transpor33 tation project that has an approved draft Environmental Impact Statement

34 is exempt from complying with requirements under the Act applicable to

35 highway projects.

36 § 5305. Transportation management areas

37 (a) DESIGNATION.—The Secretary of Transportation shall designate as a

38 transportation management area—

39 (1) each urbanized area with a population of more than 200,000;

40 and
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1 (2) any other area, including the Lake Tahoe Basin as defined in

2 the Act of December 19, 1980 (Public Law 96–551, 94 Stat. 3233),

3 when requested by the chief executive officer and the metropolitan or4 ganization designated for the area or the affected local officials.

5 (b) TRANSPORTATION PLANS AND PROGRAMS.—Transportation plans and

6 programs in a transportation management area shall be based on a continu7 ing and comprehensive transportation planning process the metropolitan

8 planning organization carries out in cooperation with the State and mass

9 transportation operators.

10 (c) CONGESTION MANAGEMENT SYSTEM.—The transportation planning

11 process under sections 5303, 5304, and 5306 of this title in a transpor12 tation management area shall include a congestion management system pro13 viding for effective management, through travel demand reduction and oper14 ational management strategies, of new and existing transportation facilities

15 eligible for financing under this chapter and title 23. The Secretary shall

16 establish a phase-in schedule to comply with sections 5303, 5304, and 5306.

17 (d) PROJECT SELECTION.—(1)(A) In consultation with the State, the

18 metropolitan planning organization designated for a transportation manage19 ment area shall select the projects to be carried out in the area with United

20 States Government participation under this chapter or title 23, except

21 projects of the National Highway System or under the Bridge and Inter22 state Maintenance programs.

23 (B) In cooperation with the metropolitan planning organization des24 ignated for a transportation management area, the State shall select the

25 projects to be carried out in the area of the National Highway System or

26 under the Bridge and Interstate Maintenance programs.

27 (2)(A) A selection under this subsection must comply with the transpor28 tation improvement program for the area.

29 (B) A selection under paragraph (1)(A) of this subsection must comply

30 with priorities established in the program.

31 (e) CERTIFICATION.—(1) At least once every 3 years, the Secretary shall

32 ensure and certify that each metropolitan planning organization in each

33 transportation management area is carrying out its responsibilities under

34 applicable laws of the United States. The Secretary may make the certifi35 cation only if the organization is complying with section 134 of title 23 and

36 other applicable requirements of laws of the United States and the organiza37 tion and chief executive officer have approved a transportation improvement

38 program for the area.

39 (2) If the Secretary does not certify before October 1, 1993, that a met40 ropolitan planning organization is carrying out its responsibilities, the Sec41 retary may withhold any part of the apportionment under section 104(b)(3)
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1 of title 23 attributed to the relevant metropolitan area under section

2 133(d)(3) of title 23 and capital amounts apportioned under section 5336

3 of this title. If an organization remains uncertified for more than 2 consecu4 tive years after September 30, 1994, 20 percent of that apportionment and

5 capital amounts shall be withheld. The withheld apportionments shall be re6 stored when the Secretary certifies the organization.

7 (3) The Secretary may not withhold certification based on the policies

8 and criteria a metropolitan planning organization or mass transportation

9 grant recipient establishes under section 5306(a) of this title for deciding

10 the feasibility of private enterprise participation.

11 (f) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT

12 AREAS.—Government amounts may be made available for a mass transpor13 tation project resulting in a significant increase in carrying capacity for sin14 gle occupant vehicles in a transportation management area classified as a

15 nonattainment area for ozone or carbon monoxide under the Clean Air Act

16 (42 U.S.C. 7401 et seq.) only if the project is part of an approved conges17 tion management system.

18 (g) AREAS NOT DESIGNATED TRANSPORTATION MANAGEMENT AREAS.—

19 (1) The Secretary may provide for the development of abbreviated metro20 politan transportation plans and programs the Secretary decides are appro21 priate to carry out this section and sections 5303, 5304, and 5306 of this

22 title for metropolitan areas not designated transportation management areas

23 under this section. The Secretary shall consider the complexity of transpor24 tation problems in those areas, including transportation-related air quality

25 problems.

26 (2) The Secretary may not provide an abbreviated plan or program for

27 a metropolitan area in a nonattainment area for ozone or carbon monoxide

28 under the Clean Air Act (42 U.S.C. 7401 et seq.).

29 § 5306. Private enterprise participation in metropolitan

30 planning and transportation improvement pro31 grams and relationship to other limitations

32 (a) PRIVATE ENTERPRISE PARTICIPATION.—A plan or program required

33 by section 5303, 5304, or 5305 of this title shall encourage to the maximum

34 extent feasible the participation of private enterprise. If equipment or a fa35 cility already being used in an urban area is to be acquired under this chap36 ter, the program shall provide that it be improved so that it will better serve

37 the transportation needs of the area.

38 (b) RELATIONSHIP TO OTHER LIMITATIONS.—Sections 5303–5305 of

39 this title do not authorize—
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1 (1) a metropolitan planing organization to impose a legal require2 ment on a transportation facility, provider, or project not eligible under

3 this chapter or title 23; and

4 (2) intervention in the management of a transportation authority.

5 § 5307. Block grants

6 (a) DEFINITIONS.—In this section—

7 (1) ‘‘associated capital maintenance items’’ means equipment, tires,

8 tubes, and material, each costing at least .5 percent of the current fair

9 market value of rolling stock comparable to the rolling stock for which

10 the equipment, tires, tubes, and material are to be used.

11 (2) ‘‘designated recipient’’ means—

12 (A) a person designated, consistent with the planning process

13 under sections 5303–5306 of this title, by the chief executive offi14 cer of a State, responsible local officials, and publicly owned opera15 tors of mass transportation to receive and apportion amounts

16 under section 5336 of this title that are attributable to transpor17 tation management areas established under section 5305(a) of this

18 title;

19 (B) a State or regional authority if the authority is responsible

20 under the laws of a State for a capital project and for financing

21 and directly providing mass transportation; or

22 (C) a recipient designated under section 5(b)(1) of the Federal

23 Transit Act not later than January 5, 1983.

24 (b) GENERAL AUTHORITY.—(1) The Secretary of Transportation may

25 make grants under this section for capital projects and to finance the plan26 ning, improvement, and operating costs of equipment, facilities, and associ27 ated capital maintenance items for use in mass transportation, including the

28 renovation and improvement of historic transportation facilities with related

29 private investment.

30 (2) In a transportation management area designated under section

31 5305(a) of this title, amounts that cannot be used to pay operating expenses

32 under this section also are available for a highway project if—

33 (A) that use is approved by the metropolitan planning organization

34 under section 5303 of this title after appropriate notice and an oppor35 tunity for comment and appeal is provided to affected mass transpor36 tation providers; and

37 (B) the Secretary decides the amounts are not needed for investment

38 required by the Americans with Disabilities Act of 1990 (42 U.S.C.

39 12101 et seq.).

40 (3) A grant for a capital project under this section also is available to

41 finance the leasing of equipment and facilities for use in mass transpor-
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1 tation, subject to regulations the Secretary prescribes limiting the grant to

2 leasing arrangements that are more cost effective than acquisition or con3 struction.

4 (4) A project for the reconstruction of equipment and material, each of

5 which after reconstruction will have a fair market value of at least .5 per6 cent of the current fair market value of rolling stock comparable to the roll7 ing stock for which the equipment and material will be used, is a capital

8 project for an associated capital maintenance item under this section.

9 (5) Amounts under this section are available for a highway project under

10 title 23 only if amounts used for the State or local share of the project are

11 eligible to finance either a highway or mass transportation project.

12 (c) PUBLIC PARTICIPATION REQUIREMENTS.—Each recipient of a grant

13 shall—

14 (1) make available to the public information on amounts available to

15 the recipient under this section and the program of projects the recipi16 ent proposes to undertake;

17 (2) develop, in consultation with interested parties, including private

18 transportation providers, a proposed program of projects for activities

19 to be financed;

20 (3) publish a proposed program of projects in a way that affected

21 citizens, private transportation providers, and local elected officials

22 have the opportunity to examine the proposed program and submit

23 comments on the proposed program and the performance of the recipi24 ent;

25 (4) provide an opportunity for a public hearing in which to obtain

26 the views of citizens on the proposed program of projects;

27 (5) ensure that the proposed program of projects provides for the co28 ordination of mass transportation services assisted under section 5336

29 of this title with transportation services assisted from other United

30 States Government sources;

31 (6) consider comments and views received, especially those of private

32 transportation providers, in preparing the final program of projects;

33 and

34 (7) make the final program of projects available to the public.

35 (d) GRANT RECIPIENT REQUIREMENTS.—A recipient may receive a grant

36 in a fiscal year only if—

37 (1) the recipient, within the time the Secretary prescribes, submits

38 a final program of projects prepared under subsection (c) of this sec39 tion and a certification for that fiscal year that the recipient (including

40 a person receiving amounts from a chief executive officer of a State

41 under this section)—
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1 (A) has or will have the legal, financial, and technical capacity

2 to carry out the program;

3 (B) has or will have satisfactory continuing control over the use

4 of equipment and facilities;

5 (C) will maintain equipment and facilities;

6 (D) will ensure that elderly and handicapped individuals, or an

7 individual presenting a medicare card issued to that individual

8 under title II or XVIII of the Social Security Act (42 U.S.C. 401

9 et seq., 1395 et seq.), will be charged during non-peak hours for

10 transportation using or involving a facility or equipment of a

11 project financed under this chapter not more than 50 percent of

12 the peak hour fare;

13 (E) in carrying out a procurement under this section—

14 (i) will use competitive procurement (as defined or ap15 proved by the Secretary);

16 (ii) will not use a procurement that uses exclusionary or

17 discriminatory specifications; and

18 (iii) will comply with applicable Buy-American laws in car19 rying out a procurement;

20 (F) has complied with subsection (c) of this section;

21 (G) has available and will provide the required amounts as pro22 vided by subsection (e) of this section;

23 (H) will comply with sections 5301(a) and (d), 5303–5306, and

24 5310(a)–(d) of this title;

25 (I) has a locally developed process to solicit and consider public

26 comment before raising a fare or carrying out a major reduction

27 of transportation; and

28 (J)(i) will expend for each fiscal year for mass transportation

29 security projects, including increased lighting in or adjacent to a

30 mass transportation system (including bus stops, subway stations,

31 parking lots, and garages), increased camera surveillance of an

32 area in or adjacent to that system, providing an emergency tele33 phone line to contact law enforcement or security personnel in an

34 area in or adjacent to that system, and any other project intended

35 to increase the security and safety of an existing or planned mass

36 transportation system, at least one percent of the amount the re37 cipient receives for each fiscal year under section 5336 of this

38 title; or

39 (ii) has decided that the expenditure for security projects is not

40 necessary; and

41 (2) the Secretary accepts the certification.
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1 (e) GOVERNMENT’S SHARE OF COSTS.—A grant of the Government for

2 a capital project (including associated capital maintenance items) under this

3 section is for 80 percent of the net project cost of the project. A recipient

4 may provide additional local matching amounts. A grant for operating ex5 penses may not be more than 50 percent of the net project cost of the

6 project. The remainder of the net project cost shall be provided in cash from

7 sources other than amounts of the Government or revenues from providing

8 mass transportation (excluding revenues derived from the sale of advertising

9 and concessions that are more than the amount of those revenues in the

10 fiscal year that ended September 30, 1985). Transit system amounts that

11 make up the remainder shall be from an undistributed cash surplus, a re12 placement or depreciation cash fund or reserve, or new capital.

13 (f) STATEWIDE OPERATING ASSISTANCE.—(1) A State authority that is

14 a designated recipient and providing mass transportation in at least 2 ur15 banized areas may apply for operating assistance in an amount not more

16 than the amount for all urbanized areas in which it provides transportation.

17 (2) When approving an application under paragraph (1) of this sub18 section, the Secretary may not reduce the amount of operating assistance

19 approved for another State or a local transportation authority within the af20 fected urbanized areas.

21 (g) UNDERTAKING PROJECTS IN ADVANCE.—(1) When a recipient obli22 gates all amounts apportioned to it under section 5336 of this title and then

23 carries out a part of a project described in this section (except a project

24 for operating expenses) without amounts of the Government and according

25 to all applicable procedures and requirements (except to the extent the pro26 cedures and requirements limit a State to carrying out a project with

27 amounts of the Government previously apportioned to it), the Secretary may

28 pay to the recipient the Government’s share of the cost of carrying out that

29 part when additional amounts are apportioned to the recipient under section

30 5336 if—

31 (A) the recipient applies for the payment;

32 (B) the Secretary approves the payment; and

33 (C) before carrying out that part, the Secretary approves the plans

34 and specifications for the part in the same way as for other projects

35 under this section.

36 (2) The Secretary may approve an application under paragraph (1) of

37 this subsection only if an authorization for this section is in effect for the

38 fiscal year to which the application applies. The Secretary may not approve

39 an application if the payment will be more than—
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1 (A) the recipient’s expected apportionment under section 5336 of

2 this title if the total amount authorized to be appropriated for the fis3 cal year to carry out this section is appropriated; less

4 (B) the maximum amount of the apportionment that may be made

5 available for projects for operating expenses under this section.

6 (3) The cost of carrying out that part of a project includes the amount

7 of interest earned and payable on bonds issued by the recipient to the extent

8 proceeds of the bonds are expended in carrying out the part. However, the

9 amount of interest allowed under this paragraph may not be more than the

10 amount by which the estimated cost of carrying out the part (if it would

11 be carried out at the time the part is converted to a regularly financed

12 project) exceeds the actual cost (except interest) of carrying out the part.

13 (4) The Secretary shall consider changes in capital project cost indices

14 when determining the estimated cost under paragraph (3) of this subsection.

15 (h) STREAMLINED ADMINISTRATIVE PROCEDURES.—The Secretary shall

16 prescribe streamlined administrative procedures for complying with the cer17 tification requirement under subsection (d)(1)(B) and (C) of this section for

18 track and signal equipment used in existing operations.

19 (i) REVIEWS, AUDITS, AND EVALUATIONS.—(1)(A) At least annually, the

20 Secretary shall carry out, or require a recipient to have carried out inde21 pendently, reviews and audits the Secretary considers appropriate to estab22 lish whether the recipient has carried out—

23 (i) the activities proposed under subsection (d) of this section in a

24 timely and effective way and can continue to do so; and

25 (ii) those activities and its certifications and has used amounts of the

26 Government in the way required by law.

27 (B) An audit of the use of amounts of the Government shall comply with

28 the auditing procedures of the Comptroller General.

29 (2) At least once every 3 years, the Secretary shall review and evaluate

30 completely the performance of a recipient in carrying out the recipient’s pro31 gram, specifically referring to compliance with statutory and administrative

32 requirements and the extent to which actual program activities are consist33 ent with the activities proposed under subsection (d) of this section and the

34 planning process required under sections 5303–5306 of this title.

35 (3) The Secretary may take appropriate action consistent with a review,

36 audit, and evaluation under this subsection, including making an appro37 priate adjustment in the amount of a grant or withdrawing the grant.

38 (j) REPORTS.—A recipient (including a person receiving amounts from a

39 chief executive officer of a State under this section) shall submit annually

40 to the Secretary a report on the revenues the recipient derives from the sale

41 of advertising and concessions.
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1 (k) SUBMISSION OF CERTIFICATIONS.—A certification under subsection

2 (d) of this section and any additional certification required by law to be sub3 mitted to the Secretary may be consolidated into a single document to be

4 submitted annually as part of the grant application under this section. The

5 Secretary shall publish annually a list of all certifications required under

6 this chapter with the publication required under section 5336(e)(2) of this

7 title.

8 (l) PROCUREMENT SYSTEM APPROVAL.—A recipient may request the Sec9 retary to approve its procurement system. The Secretary shall approve the

10 system for use for procurements financed under section 5336 of this title

11 if, after consulting with the Administrator for Federal Procurement Policy,

12 the Secretary decides the system provides for competitive procurement. Ap13 proval of a system under this subsection does not relieve a recipient of the

14 duty to certify under subsection (d)(1)(E) of this section.

15 (m) OPERATING FERRIES OUTSIDE URBANIZED AREAS.—A vessel used

16 in ferryboat operations financed under section 5336 of this title that is part

17 of a State-operated ferry system may be operated occasionally outside the

18 urbanized area in which service is provided to accommodate periodic mainte19 nance if existing ferry service is not reduced significantly by operating out20 side the area.

21 (n) RELATIONSHIP TO OTHER LAWS.—(1) Section 1001 of title 18 ap22 plies to a certificate or submission under this section. The Secretary may

23 end a grant under this section and seek reimbursement, directly or by off24 setting amounts available under section 5336 of this title, when a false or

25 fraudulent statement or related act within the meaning of section 1001 is

26 made in connection with a certification or submission.

27 (2) Sections 5302, 5318, 5323(a)(1), (d), and (f), 5332, and 5333 of this

28 title apply to this section and to a grant made under this section. Except

29 as provided in this section, no other provision of this chapter applies to this

30 section or to a grant made under this section.

31 § 5308. Mass Transit Account block grants

32 (a) GENERAL AUTHORITY.—The Secretary of Transportation may make

33 grants under this section to be used only for capital projects (including cap34 ital maintenance items).

35 (b) APPLICATION OF OTHER SECTIONS.—(1) Sections 5307(a)–(d), (h)–

36 (l), and (n) and 5336(a)–(c), (f), (g), and (j) of this title apply to amounts

37 made available under section 5338(a) of this title to carry out this section.

38 (2) Sections 5307(e) and 5336(d) of this title apply to grants under this

39 section.
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1 § 5309. Discretionary grants and loans

2 (a) GENERAL AUTHORITY.—The Secretary of Transportation may make

3 grants and loans under this section to assist State and local governmental

4 authorities in financing—

5 (1) capital projects for new fixed guideway systems, and extensions

6 to existing fixed guideway systems, including the acquisition of real

7 property, the initial acquisition of rolling stock for the systems, alter8 natives analysis related to the development of the systems, and the ac9 quisition of rights of way, and relocation, for fixed guideway corridor

10 development for projects in the advanced stages of alternatives analysis

11 or preliminary engineering;

12 (2) capital projects, including property and improvements (except

13 public highways other than fixed guideway facilities), needed for an ef14 ficient and coordinated mass transportation system;

15 (3) the capital costs of coordinating mass transportation with other

16 transportation;

17 (4) the introduction of new technology, through innovative and im18 proved products, into mass transportation;

19 (5) transportation projects that enhance urban economic develop20 ment or incorporate private investment, including commercial and resi21 dential development, because the projects—

22 (A) enhance the effectiveness of a mass transportation project

23 and are related physically or functionally to that mass transpor24 tation project; or

25 (B) establish new or enhanced coordination between mass trans26 portation and other transportation;

27 (6) mass transportation projects planned, designed, and carried out

28 to meet the special needs of elderly individuals and individuals with dis29 abilities; and

30 (7) the development of corridors to support fixed guideway systems,

31 including protecting rights of way through acquisition, construction of

32 dedicated bus and high occupancy vehicle lanes and park and ride lots,

33 and other nonvehicular capital improvements that the Secretary may

34 decide would result in increased mass transportation usage in the cor35 ridor.

36 (b) LOANS FOR REAL PROPERTY INTERESTS.—(1) The Secretary of

37 Transportation may make loans under this section to State and local gov38 ernmental authorities to acquire interests in real property for use on urban

39 mass transportation systems as rights of way, station sites, and related pur40 poses, including reconstruction, renovation, the net cost of property manage41 ment, and relocation payments made under section 5324(a) of this title.
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1 (2) The Secretary of Transportation may make a loan under paragraph

2 (1) of this subsection for an approved project only after finding that the

3 property reasonably is expected to be required for a mass transportation

4 system and that it will be used for that system within a reasonable time.

5 (3) An applicant for a loan under this subsection shall provide a copy of

6 the application to the planning agency for the community affected by the

7 project at the same time the application is submitted to the Secretary of

8 Transportation. If the planning agency submits comments to the Secretary

9 not later than 30 days after the application is submitted, or, if the agency

10 requests more time within those 30 days, within a period the Secretary es11 tablishes, the Secretary shall consider those comments before taking final

12 action on the application.

13 (4) A loan agreement under this subsection shall provide that a capital

14 project on the property will be started not later than 10 years after the fis15 cal year in which the agreement is made. If an interest in property acquired

16 under this subsection is not used for the purpose for which it was acquired,

17 an appraisal of the current value of the property or interest shall be made

18 when a decision is made about the use. The decision shall be made within

19 the 10-year period. Two-thirds of the increase in value shall be paid to the

20 Secretary of Transportation for deposit in the Treasury as miscellaneous re21 ceipts.

22 (5) A loan under this subsection must be repaid not later than 10 years

23 after the date of the loan agreement or on the date a grant agreement for

24 a capital project on the property is made, whichever is earlier. Payments

25 made to repay the loan shall be deposited in the Treasury as miscellaneous

26 receipts.

27 (c) CONSIDERATION OF DECREASED COMMUTER RAIL TRANSPOR28 TATION.—The Secretary of Transportation shall consider the adverse effect

29 of decreased commuter rail transportation when deciding whether to approve

30 a grant or loan under this section to acquire a rail line and all related facili31 ties—

32 (1) owned by a rail carrier subject to reorganization under title 11;

33 and

34 (2) used to provide commuter rail transportation.

35 (d) PROJECT AS PART OF APPROVED PROGRAM OF PROJECTS.—Except

36 as provided in subsections (b)(2) and (e) of this section, the Secretary of

37 Transportation may approve a grant or loan for a project under this section

38 only after finding that the project is part of the approved program of

39 projects required under sections 5303–5306 of this title and that an appli40 cant—
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1 (1) has or will have the legal, financial, and technical capacity to

2 carry out the project, satisfactory continuing control over the use of

3 equipment or facilities, and the capability to maintain the equipment

4 or facilities; and

5 (2) will maintain the equipment or facilities.

6 (e) CRITERIA FOR GRANTS AND LOANS FOR FIXED GUIDEWAY SYS7 TEMS.—(1) This subsection applies to a project—

8 (A) for which a letter of intent or contract for the complete amount

9 is issued under subsection (g) of this section after April 1, 1987; or

10 (B) not in the preliminary engineering, final design, or construction

11 stage on January 1, 1987.

12 (2) The Secretary of Transportation may approve a grant or loan under

13 this section for a capital project for a new fixed guideway system or exten14 sion of an existing fixed guideway system only if the Secretary decides that

15 the proposed project is—

16 (A) based on the results of an alternatives analysis and preliminary

17 engineering;

18 (B) justified based on a comprehensive review of its mobility im19 provements, environmental benefits, cost effectiveness, and operating

20 efficiencies; and

21 (C) supported by an acceptable degree of local financial commitment,

22 including evidence of stable and dependable financing sources to con23 struct, maintain, and operate the system or extension.

24 (3) In making a decision under paragraph (2) of this subsection, the Sec25 retary of Transportation shall—

26 (A) consider the direct and indirect costs of relevant alternatives;

27 (B) account for costs related to factors such as congestion relief, im28 proved mobility, air pollution, noise pollution, congestion, energy con29 sumption, and all associated ancillary and mitigation costs necessary to

30 carry out each alternative analyzed;

31 (C) identify and consider mass transportation supportive existing

32 land use policies and future patterns;

33 (D) consider the degree to which the project increases the mobility

34 of the mass transportation dependent population or promotes economic

35 development; and

36 (E) consider other factors the Secretary considers appropriate to

37 carry out this chapter.

38 (4)(A) The Secretary of Transportation shall issue guidelines on how the

39 Secretary will evaluate results of alternatives analysis, project justification,

40 and the degree of local financial commitment.
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1 (B) The project justification under paragraph (1)(B) of this subsection

2 shall be adjusted to reflect differences in local land, construction, and oper3 ating costs.

4 (C) The degree of local financial commitment is acceptable only if—

5 (i) the proposed project plan provides for the availability of contin6 gency amounts the Secretary of Transportation determines to be rea7 sonable to cover unanticipated cost overruns;

8 (ii) each proposed local source of capital and operating financing is

9 stable, reliable, and available within the proposed project timetable; and

10 (iii) local resources are available to operate the overall proposed mass

11 transportation system (including essential feeder bus and other services

12 necessary to achieve the projected ridership levels) without requiring a

13 reduction in existing mass transportation services to operate the pro14 posed project.

15 (D) In assessing the stability, reliability, and availability of proposed

16 sources of local financing, the Secretary of Transportation shall consider—

17 (i) existing grant commitments;

18 (ii) the degree to which financing sources are dedicated to the pur19 poses proposed; and

20 (iii) any debt obligation that exists or is proposed by the recipient

21 for the proposed project or other mass transportation purpose.

22 (5) A proposed project may advance from alternatives analysis to prelimi23 nary engineering only if the Secretary of Transportation finds that the

24 project meets the requirements of this section and there is a reasonable

25 chance that the project will continue to meet the requirements at the end

26 of preliminary engineering.

27 (6)(A) A new fixed guideway system or extension of an existing fixed

28 guideway system is not subject to the requirements of this subsection, and

29 the simultaneous evaluation of similar projects in at least 2 corridors in a

30 metropolitan area may not be limited, if—

31 (i) the project is located in an extreme or severe nonattainment area

32 and is a transportation control measure (as defined by the Clean Air

33 Act (42 U.S.C. 7401 et seq.)) required to carry out an approved State

34 Implementation Plan; or

35 (ii) assistance provided under this section is less than $25,000,000

36 or one-third of the total cost of the project or an appropriate program

37 of projects as decided by the Secretary of Transportation.

38 (B) The simultaneous evaluation of projects in at least 2 corridors in a

39 metropolitan area may not be limited and the Secretary of Transportation

40 shall make decisions under this subsection with expedited procedures that
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1 will promote carrying out an approved State Implementation Plan in a time2 ly way if a project is—

3 (i) located in a nonattainment area that is not an extreme or severe

4 nonattainment area;

5 (ii) a transportation control measure (as defined by the Clean Air

6 Act (42 U.S.C. 7401 et seq.)); and

7 (iii) required to carry out the State Implementation Plan.

8 (C) This subsection does not apply to a part of a project (including a

9 commuter rail transportation project on an existing right of way) financed

10 completely with amounts for highways made available under part A of title

11 I of the Intermodal Surface Transportation Efficiency Act of 1991 (Public

12 Law 102–240, 105 Stat. 1915).

13 (7) A project financed under this subsection shall be carried out through

14 a full financing grant agreement.

15 (f) REQUIRED PAYMENTS AND ELIGIBLE COSTS OF PROJECTS THAT EN16 HANCE URBAN ECONOMIC DEVELOPMENT OR INCORPORATE PRIVATE IN17 VESTMENT.—(1) Each grant or loan under subsection (a)(5) of this section

18 shall require that a person making an agreement to occupy space in a facil19 ity pay a reasonable share of the costs of the facility through rental pay20 ments and other means.

21 (2) Eligible costs for a project under subsection (a)(5) of this section—

22 (A) include property acquisition, demolition of existing structures,

23 site preparation, utilities, building foundations, walkways, open space,

24 and a capital project for, and improving, equipment or a facility for

25 an intermodal transfer facility or transportation mall; but

26 (B) do not include construction of a commercial revenue-producing

27 facility or a part of a public facility not related to mass transportation.

28 (g) LETTERS OF INTENT, FULL FINANCING GRANT AGREEMENTS, AND

29 EARLY SYSTEMS WORK AGREEMENTS.—(1)(A) The Secretary of Transpor30 tation may issue a letter of intent to an applicant announcing an intention

31 to obligate, for a project under this section, an amount from future available

32 budget authority specified in law that is not more than the amount stipu33 lated as the financial participation of the Secretary in the project. The

34 amount shall be sufficient to complete at least an operable segment when

35 a letter is issued for a fixed guideway project.

36 (B) At least 30 days before issuing a letter under subparagraph (A) of

37 this paragraph, the Secretary of Transportation shall notify in writing the

38 Committee on Public Works and Transportation of the House of Represent39 atives and the Committee on Banking, Housing, and Urban Affairs of the

40 Senate of the proposed issuance of the letter.
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1 (C) The issuance of a letter is deemed not to be an obligation under sec2 tions 1108(c) and (d), 1501, and 1502(a) of title 31 or an administrative

3 commitment.

4 (D) An obligation or administrative commitment may be made only when

5 amounts are appropriated.

6 (2)(A) The Secretary of Transportation may make a full financing grant

7 agreement with an applicant. The agreement shall—

8 (i) establish the terms of participation by the United States Govern9 ment in a project under this section;

10 (ii) establish the maximum amount of Government financial assist11 ance for the project;

12 (iii) cover the period of time for completing the project, including a

13 period extending beyond the period of an authorization; and

14 (iv) make timely and efficient management of the project easier ac15 cording to the law of the United States.

16 (B) An agreement under this paragraph obligates an amount of available

17 budget authority specified in law and may include a commitment, contingent

18 on amounts to be specified in law in advance for commitments under this

19 paragraph, to obligate an additional amount from future available budget

20 authority specified in law. The agreement shall state that the contingent

21 commitment is not an obligation of the Government. Interest and other fi22 nancing costs of efficiently carrying out a part of the project within a rea23 sonable time are a cost of carrying out the project under a full financing

24 grant agreement, except that eligible costs may not be more than the cost

25 of the most favorable financing terms reasonably available for the project

26 at the time of borrowing. The applicant shall certify, in a way satisfactory

27 to the Secretary of Transportation, that the applicant has shown reasonable

28 diligence in seeking the most favorable financing terms. The amount stipu29 lated in an agreement under this paragraph for a fixed guideway project

30 shall be sufficient to complete at least an operable segment.

31 (3)(A) The Secretary of Transportation may make an early systems work

32 agreement with an applicant if a record of decision under the National En33 vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been issued

34 on the project and the Secretary finds there is reason to believe—

35 (i) a full financing grant agreement for the project will be made; and

36 (ii) the terms of the work agreement will promote ultimate comple37 tion of the project more rapidly and at less cost.

38 (B) A work agreement under this paragraph obligates an amount of avail39 able budget authority specified in law and shall provide for reimbursement

40 of preliminary costs of carrying out the project, including land acquisition,

41 timely procurement of system elements for which specifications are decided,
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1 and other activities the Secretary of Transportation decides are appropriate

2 to make efficient, long-term project management easier. A work agreement

3 shall cover the period of time the Secretary considers appropriate. The pe4 riod may extend beyond the period of current authorization. Interest and

5 other financing costs of efficiently carrying out the work agreement within

6 a reasonable time are a cost of carrying out the agreement, except that eli7 gible costs may not be more than the cost of the most favorable financing

8 terms reasonably available for the project at the time of borrowing. The ap9 plicant shall certify, in a way satisfactory to the Secretary, that the appli10 cant has shown reasonable diligence in seeking the most favorable financing

11 terms. If an applicant does not carry out the project for reasons within the

12 control of the applicant, the applicant shall repay all Government payments

13 made under the work agreement plus reasonable interest and penalty

14 charges the Secretary establishes in the agreement.

15 (4) The total estimated amount of future obligations of the Government

16 and contingent commitments to incur obligations covered by all outstanding

17 letters of intent, full financing grant agreements, and early systems work

18 agreements may be not more than the greater of the amount authorized

19 under section 5338(a) of this title to carry out this section or 50 percent

20 of the uncommitted cash balance remaining in the Mass Transit Account

21 of the Highway Trust Fund (including amounts received from taxes and in22 terest earned that are more than amounts previously obligated), less an

23 amount the Secretary of Transportation reasonably estimates is necessary

24 for grants under this section not covered by a letter. The total amount cov25 ered by new letters and contingent commitments included in full financing

26 grant agreements and early systems work agreements may be not more than

27 a limitation specified in law.

28 (h) GOVERNMENT’S SHARE OF NET PROJECT COST.—Based on engineer29 ing studies, studies of economic feasibility, and information on the expected

30 use of equipment or facilities, the Secretary of Transportation shall estimate

31 the net project cost. A grant for the project is for 80 percent of the net

32 project cost, unless the grant recipient requests a lower grant percentage.

33 The remainder shall be provided in cash from a source other than amounts

34 of the Government. Transit system amounts that make up the remainder

35 must be from an undistributed cash surplus, a replacement or depreciation

36 cash fund or reserve, or new capital. The remainder for a planned extension

37 to a fixed guideway system may include the cost of rolling stock previously

38 purchased if the applicant satisfies the Secretary that only amounts other

39 than amounts of the Government were used and that the purchase was

40 made for use on the extension. A refund or reduction of the remainder may
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1 be made only if a refund of a proportional amount of the grant of the Gov2 ernment is made at the same time.

3 (i) LOAN TERM REQUIREMENTS.—Except for a loan under subsection (b)

4 of this section, a loan, including a renewal or extension of the loan, may

5 be made, and a security or obligation may be bought, only if it has a matu6 rity date of not more than 40 years. Interest on a loan may not be less

7 than—

8 (1) a rate the Secretary of the Treasury establishes, considering the

9 current average yield on outstanding marketable obligations of the Gov10 ernment that have remaining periods of maturity comparable to the av11 erage maturity of the loan, adjusted to the nearest .125 percent; plus

12 (2) an allowance the Secretary of Transportation considers adequate

13 to cover administrative costs and probable losses.

14 (j) LOAN PAYMENT FORGIVENESS.—A grant agreement for a capital

15 project may forgive repaying the loan and interest in place of a cash grant

16 for the amount forgiven. The amount is part of the grant and part of the

17 contribution of the Government to the cost of the project.

18 (k) LIMITATION ON MAKING LOANS AND GRANTS FOR PROJECTS.—The

19 Secretary of Transportation may not make a loan under this section for a

20 project for which a grant (except a relocation payment grant) is made under

21 this section. However, the Secretary may make a project grant even though

22 real property for the project has been or will be acquired through a loan

23 under subsection (b) of this section.

24 (l) FISCAL CAPACITY CONSIDERATIONS.—If the Secretary of Transpor25 tation gives priority consideration to financing projects that include more

26 than the non-Government share required under subsection (h) of this sec27 tion, the Secretary shall give equal consideration to differences in the fiscal

28 capacity of State and local governments.

29 (m) ALLOCATING AMOUNTS.—(1) Of the amounts available for grants

30 and loans under this section for each of the fiscal years ending September

31 30, 1993–1997—

32 (A) 40 percent is available for fixed guideway modernization;

33 (B) 40 percent is available for capital projects for new fixed guide34 way systems and extensions to existing fixed guideway systems; and

35 (C) 20 percent is available to replace, rehabilitate, and buy buses

36 and related equipment and to construct bus-related facilities.

37 (2) At least 5.5 percent of the amounts available in each fiscal year under

38 paragraph (1)(C) of this subsection is available for areas other than urban39 ized areas.

40 (3) Not later than January 20 of each year, the Secretary of Transpor41 tation shall submit to the Committee on Public Works and Transportation
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1 of the House of Representatives and the Committee on Banking, Housing,

2 and Urban Affairs of the Senate a proposal on the allocation of amounts

3 to be made available to finance grants and loans for capital projects for new

4 fixed guideway systems and extensions to existing fixed guideway systems

5 among applicants for those amounts.

6 (4) A person applying for, or receiving, assistance for a project described

7 in clause (A), (B), or (C) of paragraph (1) of this subsection may receive

8 assistance for a project described in another of those clauses.

9 (n) UNDERTAKING PROJECTS IN ADVANCE.—(1) The Secretary of Trans10 portation may pay the Government’s share of the net project cost to a State

11 or local governmental authority that carries out any part of a project de12 scribed in this section or a substitute transit project described in section

13 103(e)(4) of title 23 without the aid of amounts of the Government and ac14 cording to all applicable procedures and requirements if—

15 (A) the State or local governmental authority applies for the pay16 ment;

17 (B) the Secretary approves the payment; and

18 (C) before carrying out the part of the project, the Secretary ap19 proves the plans and specifications for the part in the same way as

20 other projects under this section or section 103(e)(4) of title 23.

21 (2) The cost of carrying out part of a project includes the amount of in22 terest earned and payable on bonds issued by the State or local govern23 mental authority to the extent proceeds of the bonds are expended in carry24 ing out the part. However, the amount of interest under this paragraph may

25 not be more than the most favorable interest terms reasonably available for

26 the project at the time of borrowing. The applicant shall certify, in a way

27 satisfactory to the Secretary of Transportation, that the applicant has

28 shown reasonable diligence in seeking the most favorable financial terms.

29 (3) The Secretary of Transportation shall consider changes in capital

30 project cost indices when determining the estimated cost under paragraph

31 (2) of this subsection.

32 (o) USE OF DEOBLIGATED AMOUNTS.—An amount available under this

33 section that is deobligated may be used for any purpose under this section.

34 § 5310. Grants and loans for special needs of elderly individ35 uals and individuals with disabilities

36 (a) GENERAL AUTHORITY.—The Secretary of Transportation may make

37 grants and loans to—

38 (1) State and local governmental authorities to help them provide

39 mass transportation service planned, designed, and carried out to meet

40 the special needs of elderly individuals and individuals with disabilities;

41 and
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1 (2) the chief executive officer of each State for allocation to—

2 (A) private nonprofit corporations and associations to help them

3 provide that transportation service when the transportation service

4 provided under clause (1) of this subsection is unavailable, insuffi5 cient, or inappropriate; or

6 (B) governmental authorities—

7 (i) approved by the State to coordinate services for elderly

8 individuals and individuals with disabilities; or

9 (ii) that certify to the chief executive officer that no non10 profit corporation or association readily is available in an area

11 to provide service under this subsection.

12 (b) APPORTIONING AND TRANSFERRING AMOUNTS.—The Secretary shall

13 apportion amounts made available under section 5338(a) of this title under

14 a formula the Secretary administers that considers the number of elderly

15 individuals and individuals with disabilities in each State. Any State’s ap16 portionment remaining available for obligation at the beginning of the 90-

17 day period before the end of the period of availability of the apportionment

18 is available to the chief executive officer of the State for transfer to supple19 ment amounts apportioned to the State under section 5311(c) or 5336(a)(1)

20 of this title.

21 (c) STATE PROGRAM OF PROJECTS.—Amounts made available for this

22 section may be used for transportation projects to assist in providing trans23 portation services for elderly individuals and individuals with disabilities

24 that are included in a State program of projects. A program shall be sub25 mitted annually to the Secretary for approval and shall contain an assur26 ance that the program provides for maximum feasible coordination of trans27 portation services assisted under this section with transportation services as28 sisted by other United States Government sources.

29 (d) ELIGIBLE CAPITAL EXPENSES.—A recipient of amounts under this

30 section may include acquiring transportation services as an eligible capital

31 expense.

32 (e) APPLICATION OF SECTION 5309.—(1) A grant or loan under sub33 section (a)(1) of this section is subject to all requirements of a grant or

34 loan under section 5309 of this title, and is deemed to have been made

35 under section 5309.

36 (2) A grant or loan under subsection (a)(2) of this section is subject to

37 requirements similar to those under paragraph (1) of this subsection to the

38 extent the Secretary considers appropriate.

39 (f) MINIMUM REQUIREMENTS AND PROCEDURES FOR RECIPIENTS.—In

40 carrying out section 5301(d) of this title, section 165(b) of the Federal-Aid

41 Highway Act of 1973 (Public Law 93–87, 87 Stat. 282), and section 504
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1 of the Rehabilitation Act of 1973 (29 U.S.C. 794) (consistent with Govern2 ment-wide standards to carry out section 504), the Secretary shall prescribe

3 regulations establishing minimum criteria a recipient of Government finan4 cial assistance under this chapter or a law referred to in section 165(b) shall

5 comply with in providing mass transportation service to elderly individuals

6 and individuals with disabilities and procedures for the Secretary to monitor

7 compliance with the criteria. The regulations shall include provisions for en8 suring that organizations and groups representing elderly individuals and

9 individuals with disabilities are given adequate notice of, and an opportunity

10 to comment on, the proposed activity of a recipient to achieve compliance

11 with the regulations.

12 (g) LEASING VEHICLES.—The Secretary shall prescribe guidelines allow13 ing vehicles bought under this section to be leased to local governmental au14 thorities to improve transportation services designed to meet the special

15 needs of elderly individuals and individuals with disabilities.

16 (h) MEAL DELIVERY SERVICE TO HOMEBOUND INDIVIDUALS.—Mass

17 transportation service providers receiving assistance under this section or

18 section 5311(c) of this title may coordinate and assist in regularly providing

19 meal delivery service for homebound individuals if the delivery service does

20 not conflict with providing mass transportation service or reduce service to

21 mass transportation passengers.

22 (i) TRANSFER OF FACILITIES AND EQUIPMENT.—With the consent of the

23 recipient currently having a facility or equipment acquired with assistance

24 under this section, a State may transfer the facility or equipment to any

25 recipient eligible to receive assistance under this chapter if the facility or

26 equipment will continue to be used as required under this section.

27 (j) FARES NOT REQUIRED.—This chapter does not require that elderly

28 individuals and individuals with disabilities be charged a fare.

29 § 5311. Financial assistance for other than urbanized areas

30 (a) DEFINITION.—In this section, ‘‘recipient’’ includes a State authority,

31 a local governmental authority, a nonprofit organization, and an operator

32 of mass transportation service.

33 (b) GENERAL AUTHORITY.—(1) The Secretary of Transportation may

34 make grants for transportation projects that are included in a State pro35 gram of mass transportation service projects (including service agreements

36 with private providers of mass transportation service) for areas other than

37 urbanized areas. The program shall be submitted annually to the Secretary.

38 The Secretary may approve the program only if the Secretary finds that the

39 program provides a fair distribution of amounts in the State, including In40 dian reservations, and the maximum feasible coordination of mass transpor-
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1 tation service assisted under this section with transportation service assisted

2 by other United States Government sources.

3 (2) The Secretary of Transportation shall carry out a rural transportation

4 assistance program in nonurbanized areas. In carrying out this paragraph,

5 the Secretary may make grants and contracts for transportation research,

6 technical assistance, training, and related support services in nonurbanized

7 areas.

8 (c) APPORTIONING AMOUNTS.—The Secretary of Transportation shall ap9 portion amounts made available under section 5338(a) of this title so that

10 the chief executive officer of each State receives an amount equal to the

11 total amount apportioned multiplied by a ratio equal to the population of

12 areas other than urbanized areas in a State divided by the population of

13 all areas other than urbanized areas in the United States, as shown by the

14 most recent of the following: the latest Government census, the population

15 estimate the Secretary of Commerce prepares after the 4th year after the

16 date the latest census is published, or the population estimate the Secretary

17 of Commerce prepares after the 8th year after the date the latest census

18 is published. The amount may be obligated by the chief executive officer for

19 2 years after the fiscal year in which the amount is apportioned. An amount

20 that is not obligated at the end of that period shall be reapportioned among

21 the States for the next fiscal year.

22 (d) USE FOR LOCAL TRANSPORTATION SERVICE.—A State may use an

23 amount apportioned under this section for a project included in a program

24 under subsection (b) of this section and eligible for assistance under this

25 chapter if the project will provide local transportation service, as defined by

26 the Secretary of Transportation, in an area other than an urbanized area.

27 (e) USE FOR ADMINISTRATION AND TECHNICAL ASSISTANCE.—(1) The

28 Secretary of Transportation may allow a State to use not more than 15 per29 cent of the amount apportioned under this section to administer this section

30 and provide technical assistance to a recipient, including project planning,

31 program and management development, coordination of mass transportation

32 programs, and research the State considers appropriate to promote effective

33 delivery of mass transportation to an area other than an urbanized area.

34 (2) Except as provided in this section, a State carrying out a program

35 of operating assistance under this section may not limit the level or extent

36 of use of the Government grant for the payment of operating expenses.

37 (f) INTERCITY BUS TRANSPORTATION.—(1) A State shall expend at least

38 10 percent of the amount made available in the fiscal year ending Septem39 ber 30, 1993, and 15 percent of the amount made available in each fiscal

40 year after September 30, 1993, to carry out a program to develop and sup-
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1 port intercity bus transportation. Eligible activities under the program in2 clude—

3 (A) planning and marketing for intercity bus transportation;

4 (B) capital grants for intercity bus shelters;

5 (C) joint-use stops and depots;

6 (D) operating grants through purchase-of-service agreements, user7 side subsidies, and demonstration projects; and

8 (E) coordinating rural connections between small mass transpor9 tation operations and intercity bus carriers.

10 (2) A State does not have to comply with paragraph (1) of this subsection

11 in a fiscal year in which the chief executive officer of the State certifies to

12 the Secretary of Transportation that the intercity bus service needs of the

13 State are being met adequately.

14 (g) GOVERNMENT’S SHARE OF COSTS.—(1) In this subsection, ‘‘amounts

15 of the Government or revenues’’ do not include amounts received under a

16 service agreement with a State or local social service agency or a private

17 social service organization.

18 (2) A grant of the Government for a capital project under this section

19 may not be more than 80 percent of the net cost of the project, as deter20 mined by the Secretary of Transportation. A grant to pay a subsidy for op21 erating expenses may not be more than 50 percent of the net cost of the

22 operating expense project. At least 50 percent of the remainder shall be pro23 vided in cash from sources other than amounts of the Government or reve24 nues from providing mass transportation. Transit system amounts that

25 make up the remainder shall be from an undistributed cash surplus, a re26 placement or depreciation cash fund or reserve, or new capital.

27 (h) AMOUNTS FOR OPERATING ASSISTANCE.—An amount made available

28 under this section may be used for operating assistance.

29 (i) TRANSFER OF FACILITIES AND EQUIPMENT.—With the consent of the

30 recipient currently having a facility or equipment acquired with assistance

31 under this section, a State may transfer the facility or equipment to any

32 recipient eligible to receive assistance under this chapter if the facility or

33 equipment will continue to be used as required under this section.

34 (j) RELATIONSHIP TO OTHER LAWS.—(1) Sections 5323(a)(1)(D) and

35 5333(b) of this title apply to this section but the Secretary of Labor may

36 waive the application of section 5333(b).

37 (2) This subsection does not affect or discharge a responsibility of the

38 Secretary of Transportation under a law of the United States.
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1 § 5312. Research, development, demonstration, and training

2 projects

3 (a) RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROJECTS.—The

4 Secretary of Transportation (or the Secretary of Housing and Urban Devel5 opment when required by section 5334(i) of this title) may undertake, or

6 make grants or contracts (including agreements with departments, agencies,

7 and instrumentalities of the United States Government) for, research, devel8 opment, and demonstration projects related to urban mass transportation

9 that the Secretary decides will help reduce urban transportation needs, im10 prove mass transportation service, or help mass transportation service meet

11 the total urban transportation needs at a minimum cost. The Secretary may

12 request and receive appropriate information from any source. This sub13 section does not limit the authority of the Secretary under another law.

14 (b) RESEARCH, INVESTIGATIONS, AND TRAINING.—(1) The Secretary of

15 Transportation (or the Secretary of Housing and Urban Development when

16 required by section 5334(i) of this title) may make grants to nonprofit insti17 tutions of higher learning—

18 (A) to conduct competent research and investigations into the theo19 retical or practical problems of urban transportation; and

20 (B) to train individuals to conduct further research or obtain em21 ployment in an organization that plans, builds, operates, or manages

22 an urban transportation system.

23 (2) Research and investigations under this subsection include—

24 (A) the design and use of urban mass transportation systems and

25 urban roads and highways;

26 (B) the interrelationship between various modes of urban and inter27 urban transportation;

28 (C) the role of transportation planning in overall urban planning;

29 (D) public preferences in transportation;

30 (E) the economic allocation of transportation resources; and

31 (F) the legal, financial, engineering, and esthetic aspects of urban

32 transportation.

33 (3) When making a grant under this subsection, the appropriate Sec34 retary shall give preference to an institution that brings together knowledge

35 and expertise in the various social science and technical disciplines related

36 to urban transportation problems.

37 (c) TRAINING FELLOWSHIPS AND INNOVATIVE TECHNIQUES AND METH38 ODS.—(1) The Secretary of Transportation may make grants to States,

39 local governmental authorities, and operators of mass transportation sys40 tems to provide fellowships to train personnel employed in managerial, tech41 nical, and professional positions in the mass transportation field.
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1 (2) The Secretary of Transportation may make grants to State and local

2 governmental authorities for projects that will use innovative techniques and

3 methods in managing and providing mass transportation.

4 (3) A fellowship under this subsection may be for not more than one year

5 of training in an institution that offers a program applicable to the mass

6 transportation industry. The recipient of the grant shall select an individual

7 on the basis of demonstrated ability and for the contribution the individual

8 reasonably can be expected to make to an efficient mass transportation op9 eration. A grant for a fellowship may not be more than the lesser of

10 $24,000 or 75 percent of—

11 (A) tuition and other charges to the fellowship recipient;

12 (B) additional costs incurred by the training institution and billed

13 to the grant recipient; and

14 (C) the regular salary of the fellowship recipient for the period of

15 the fellowship to the extent the salary is actually paid or reimbursed

16 by the grant recipient.

17 § 5313. State planning and research programs

18 (a) COOPERATIVE RESEARCH PROGRAM.—(1) Fifty percent of the

19 amounts made available under section 5338(g)(3) of this title are available

20 for a mass transportation cooperative research program. The Secretary of

21 Transportation shall establish an independent governing board for the pro22 gram. The board shall recommend mass transportation research, develop23 ment, and technology transfer activities the Secretary considers appropriate.

24 (2) The Secretary may make grants to, and cooperative agreements with,

25 the National Academy of Sciences to carry out activities under this sub26 section that the Secretary decides are appropriate.

27 (b) STATE PLANNING AND RESEARCH.—(1) Fifty percent of the amounts

28 made available under section 5338(g)(3) of this title shall be apportioned

29 to States for grants and contracts consistent with the purposes of sections

30 5303–5306, 5312, 5315, 5317, and 5322 of this title. The amounts shall

31 be apportioned so that each State receives an amount equal to the popu32 lation in urbanized areas in the State, divided by the population in urban33 ized areas in all States, as shown by the latest available decennial census.

34 However, a State must receive at least .5 percent of the amount apportioned

35 under this subsection.

36 (2) A State, as the State considers appropriate, may authorize part of

37 the amount made available under this subsection to be used to supplement

38 amounts available under subsection (a) of this section.

39 (3) An amount apportioned under this subsection—

40 (A) remains available for 3 years after the fiscal year in which the

41 amount is apportioned; and
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1 (B) that is unobligated at the end of the 3-year period shall be

2 reapportioned among the States for the next fiscal year.

3 (c) GOVERNMENT’S SHARE.—When there would be a clear and direct fi4 nancial benefit to an entity under a grant or contract financed under sub5 section (a) of this section, the Secretary shall establish a United States Gov6 ernment share consistent with the benefit.

7 § 5314. National planning and research programs

8 (a) PROGRAM.—(1) The amounts made available under section

9 5338(g)(4) of this title are available to the Secretary of Transportation for

10 grants and contracts for the purposes of sections 5303–5306, 5312, 5315,

11 5317, and 5322 of this title, as the Secretary considers appropriate.

12 (2) Of the amounts made available under paragraph (1) of this sub13 section, the Secretary shall make available at least $2,000,000 to provide

14 mass transportation-related technical assistance, demonstration programs,

15 research, public education, and other activities the Secretary considers ap16 propriate to help mass transportation providers comply with the Americans

17 with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). To the extent prac18 ticable, the Secretary shall carry out this paragraph through a contract with

19 a national nonprofit organization serving individuals with disabilities that

20 has a demonstrated capacity to carry out the activities.

21 (3) Not more than 25 percent of the amounts available under paragraph

22 (1) of this subsection is available to the Secretary for special demonstration

23 initiatives, subject to terms the Secretary considers consistent with this

24 chapter, except that section 5323(a)(1)(D) of this title applies to an oper25 ational grant financed in carrying out section 5312(a) of this title. For a

26 nonrenewable grant of not more than $100,000, the Secretary shall provide

27 expedited procedures on complying with the requirements of this chapter.

28 (4)(A) The Secretary may undertake a program of mass transportation

29 technology development in coordination with affected entities.

30 (B) The Secretary shall establish an Industry Technical Panel composed

31 of representatives of transportation suppliers and operators and others in32 volved in technology development. A majority of the Panel members shall

33 represent the supply industry. The Panel shall assist the Secretary in identi34 fying priority technology development areas and in establishing guidelines

35 for project development, project cost sharing, and project execution.

36 (C) The Secretary shall develop guidelines for cost sharing in technology

37 development projects financed under this paragraph. The guidelines shall be

38 flexible and reflect the extent of technical risk, market risk, and anticipated

39 supplier benefits and payback periods.
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1 (5) The Secretary may use amounts appropriated under this subsection

2 to supplement amounts available under section 5313(a) of this title, as the

3 Secretary considers appropriate.

4 (b) GOVERNMENT’S SHARE.—When there would be a clear and direct fi5 nancial benefit to an entity under a grant or contract financed under sub6 section (a) of this section, the Secretary shall establish a United States Gov7 ernment share consistent with the benefit.

8 § 5315. National mass transportation institute

9 (a) ESTABLISHMENT AND DUTIES.—The Secretary of Transportation

10 shall make grants to Rutgers University to establish a national mass trans11 portation institute. In cooperation with the Federal Transit Administration,

12 State transportation departments, public mass transportation authorities,

13 and national and international entities, the institute shall develop and con14 duct training programs of instruction for United States Government, State,

15 and local transportation employees, United States citizens, and foreign na16 tionals engaged or to be engaged in Government-aid mass transportation

17 work. The programs may include courses in recent developments, tech18 niques, and procedures related to—

19 (1) mass transportation planning;

20 (2) management;

21 (3) environmental factors;

22 (4) acquisition and joint use of rights of way;

23 (5) engineering;

24 (6) procurement strategies for mass transportation systems;

25 (7) turnkey approaches to carrying out mass transportation systems;

26 (8) new technologies;

27 (9) emission reduction technologies;

28 (10) ways to make mass transportation accessible to individuals with

29 disabilities;

30 (11) construction;

31 (12) maintenance;

32 (13) contract administration; and

33 (14) inspection.

34 (b) RELATED EDUCATIONAL AND TRAINING PROGRAMS.—The Secretary

35 shall delegate to the institute the authority of the Secretary to develop and

36 conduct educational and training programs related to mass transportation.

37 (c) PROVIDING EDUCATION AND TRAINING.—Education and training of

38 Government, State, and local transportation employees under this section

39 shall be provided—

40 (1) by the Secretary at no cost to the States and local governments

41 for subjects that are a Government program responsibility; or
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1 (2) when the education and training are paid under subsection (d)

2 of this section, by the State, with the approval of the Secretary,

3 through grants and contracts with public and private agencies, other

4 institutions, individuals, and the institute.

5 (d) AVAILABILITY OF AMOUNTS.—Not more than .5 percent of the

6 amounts made available for a fiscal year beginning after September 30,

7 1991, to a State or public mass transportation authority in the State to

8 carry out sections 5304 and 5306 of this title is available for expenditure

9 by the State and public mass transportation authorities in the State, with

10 the approval of the Secretary, to pay not more than 80 percent of the cost

11 of tuition and direct educational expenses related to educating and training

12 State and local transportation employees under this section.

13 § 5316. University research institutes

14 (a) INSTITUTE FOR NATIONAL SURFACE TRANSPORTATION POLICY.—

15 The Secretary of Transportation shall make grants to San Jose State Uni16 versity to establish and operate an institute for national surface transpor17 tation policy studies. The institute shall—

18 (1) include male and female students of diverse socioeconomic and

19 ethnic backgrounds who are seeking careers in developing and operat20 ing surface transportation programs; and

21 (2) conduct research and development activities to analyze ways of

22 improving aspects of developing and operating surface transportation

23 programs of the United States.

24 (b) INFRASTRUCTURE TECHNOLOGY INSTITUTE.—The Secretary shall

25 make grants to Northwestern University to establish and operate an insti26 tute to study techniques—

27 (1) to evaluate and monitor infrastructure conditions;

28 (2) to improve information systems for infrastructure construction

29 and management; and

30 (3) to study advanced materials and automated processes for con31 structing and rehabilitating public works facilities.

32 (c) URBAN TRANSIT INSTITUTE.—The Secretary shall make grants to

33 North Carolina A. and T. State University through the Institute for Trans34 portation Research and Education, the University of South Florida, and a

35 consortium of Florida A. and M., Florida State University, and Florida

36 International University to establish and operate an interdisciplinary insti37 tute to study and disseminate techniques on the diverse transportation prob38 lems of urban areas experiencing significant and rapid growth.

39 (d) INSTITUTE FOR INTELLIGENT VEHICLE-HIGHWAY CONCEPTS.—The

40 Secretary shall make grants to the University of Minnesota, Center for

41 Transportation Studies, to establish and operate a national institute for in-
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1 telligent vehicle-highway concepts. The institute shall conduct research and

2 recommend development activities that focus on methods to increase road3 way capacity, enhance safety, and reduce negative environmental effects of

4 transportation facilities by using intelligent vehicle-highway systems tech5 nologies.

6 (e) INSTITUTE FOR TRANSPORTATION RESEARCH AND EDUCATION.—The

7 Secretary shall make grants to the University of North Carolina to conduct

8 research and development and to direct technology transfer and training for

9 State and local transportation authorities to improve the overall surface

10 transportation infrastructure.

11 (f) APPLICABILITY OF TITLE 23.—Amounts authorized by section

12 5338(d) of this title may be obligated in the same way as amounts are ap13 portioned under chapter 1 of title 23.

14 § 5317. Transportation centers

15 (a) GRANTS FOR REGIONAL TRANSPORTATION CENTERS.—(1) The Sec16 retary of Transportation shall make grants to nonprofit institutions of high17 er learning to establish and operate regional transportation centers in each

18 of the 10 United States Government regions that comprise the Standard

19 Federal Regional Boundary System.

20 (2) A nonprofit institution of higher learning interested in receiving a

21 grant under this subsection shall submit an application to the Secretary in

22 the way and containing the information the Secretary prescribes. The Sec23 retary shall select each recipient on the basis of the following:

24 (A) the regional transportation center is located in a State that is

25 representative of the needs of the Government region for improved

26 transportation and facilities.

27 (B) the demonstrated research and extension resources available to

28 the recipient to carry out this subsection.

29 (C) the capability of the recipient to provide leadership in making

30 national and regional contributions to the solution of immediate and

31 long-range transportation problems.

32 (D) the recipient has an established transportation program encom33 passing several modes of transportation.

34 (E) the recipient has a demonstrated commitment of at least

35 $200,000 in regularly budgeted institutional amounts each year to sup36 port ongoing transportation research programs.

37 (F) the recipient has a demonstrated ability to disseminate results

38 of transportation research and educational programs through a state39 wide or regionwide continuing educational program.

40 (G) the projects the recipient proposes to carry out under the grant.
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1 (3)(A) At each regional transportation center, the following shall be car2 ried out:

3 (i) infrastructure research on transportation.

4 (ii) research and training on transportation safety and the transpor5 tation of passengers and property and the interpretation, publication,

6 and dissemination of the results of the research.

7 (B) Each transportation center—

8 (i) should carry out research on more than one mode of transpor9 tation; and

10 (ii) should consider the proportion of amounts for this subsection

11 from amounts available to carry out urban mass transportation projects

12 under this chapter and from the Highway Trust Fund.

13 (C) At one of the transportation centers, research may be carried out on

14 the testing of new bus models.

15 (4) Before making a grant under this subsection, the Secretary may re16 quire the recipient to make an agreement with the Secretary to ensure that

17 the recipient will maintain total expenditures from all other sources to es18 tablish and operate a regional transportation center and related research ac19 tivities at a level at least equal to the average level of those expenditures

20 in its 2 fiscal years prior to April 2, 1987.

21 (5) A grant under this subsection is for 50 percent of the cost of estab22 lishing and operating the regional transportation center and related research

23 activities the recipient carries out.

24 (b) GRANTS FOR UNIVERSITY TRANSPORTATION CENTERS.—(1) To ac25 celerate the involvement and participation of minority individuals and

26 women in transportation-related professions, particularly in the science,

27 technology, and engineering disciplines, the Secretary shall make grants to

28 Morgan State University to establish a national center for transportation

29 management, research, and development. The center shall give special atten30 tion to designing, developing, and carrying out research, training, and tech31 nology transfer activities to increase the number of highly skilled minority

32 individuals and women entering the transportation workforce.

33 (2) The Secretary shall make grants to the New Jersey Institute of Tech34 nology to establish and operate a center for transportation and industrial

35 productivity. The center shall conduct research and development activities

36 that focus on ways to increase surface transportation capacity, reduce con37 gestion, and reduce costs for transportation system users and providers

38 through the use of transportation management systems.

39 (3) The Secretary shall make a grant to Monmouth College, West Long

40 Branch, New Jersey, to modify and rebuild Building Number 500 at Mon41 mouth College. Before making the grant, the Secretary shall receive assur-
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1 ances from Monmouth College that the building will be known and des2 ignated as the James and Marlene Howard Transportation Information

3 Center and that transportation-related instruction and research in computer

4 science, electronic engineering, mathematics, and software engineering con5 ducted at the building will be coordinated with the Center for Transpor6 tation and Industrial Productivity at the New Jersey Institute of Tech7 nology.

8 (4) The Secretary shall make grants to the University of Arkansas to es9 tablish a national rural transportation center. The center shall conduct re10 search, training, and technology transfer activities in the development, man11 agement, and operation of intermodal transportation systems in rural areas.

12 (5)(A) The Secretary shall make grants to the University of Idaho to es13 tablish a National Center for Advanced Transportation Technology. The

14 Center shall be established and operated in partnership with private indus15 try and shall conduct industry-driven research and development activities

16 that focus on transportation-related manufacturing and engineering proc17 esses, materials, and equipment.

18 (B) The Secretary shall make grants to the University of Idaho to plan,

19 design, and construct a building in which to conduct the research and devel20 opment activities of the Center.

21 (C) Amounts authorized by section 5338(e)(2) of this title may be obli22 gated in the same way as amounts apportioned under chapter 1 of title 23

23 (except that the Government share of the cost of the activities conducted

24 under this paragraph is 80 percent and the amounts remain available until

25 expended) and are not subject to an obligational limitation.

26 (D) A grant made under this paragraph is not subject to the require27 ments of this section (except this paragraph).

28 (c) PROGRAM COORDINATION.—The Secretary shall provide for coordinat29 ing research, education, training, and technology transfer activities that

30 grant recipients carry out under this section, the dissemination of the re31 sults of the research, and the establishment and operation of a clearing32 house between the centers and the transportation industry. At least annu33 ally, the Secretary shall review and evaluate programs the grant recipients

34 carry out. The Secretary may use not more than one percent of amounts

35 made available from Government sources to carry out this section to carry

36 out this subsection.

37 (d) OBLIGATION CEILING.—Amounts authorized to carry out this section

38 (except subsection (b)(3)) are subject to obligational limitations established

39 under section 1002 of the Intermodal Surface Transportation Efficiency Act

40 of 1991 (Public Law 102–240, 105 Stat. 1916).
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1 (e) AMOUNTS AVAILABLE FOR TECHNOLOGY TRANSFER ACTIVITIES.—At

2 least 5 percent of the amounts made available to carry out this section in

3 a fiscal year are available to carry out technology transfer activities.

4 (f) ALLOCATION AMONG GOVERNMENT REGIONS.—The Secretary shall

5 allocate amounts available to carry out this section equitably among the

6 Government regions.

7 § 5318. Bus testing facility

8 (a) ESTABLISHMENT.—The Secretary of Transportation shall establish

9 one facility for testing a new bus model for maintainability, reliability, safe10 ty, performance (including braking performance), structural integrity, fuel

11 economy, emissions, and noise. The facility shall be established by renovat12 ing a facility built with assistance of the United States Government to train

13 rail personnel.

14 (b) OPERATION AND MAINTENANCE.—The Secretary shall make a con15 tract with a qualified person to operate and maintain the facility. The con16 tract may provide for the testing of rail cars and other vehicles at the facil17 ity.

18 (c) FEES.—The person operating and maintaining the facility shall estab19 lish and collect fees for the testing of vehicles at the facility. The Secretary

20 must approve the fees.

21 (d) AVAILABILITY OF AMOUNTS TO PAY FOR TESTING.—The Secretary

22 shall make a contract with the operator of the facility under which the Sec23 retary shall pay 80 percent of the cost of testing a vehicle at the facility

24 from amounts available under section 5338(j)(5) of this title. The entity

25 having the vehicle tested shall pay 20 percent of the cost.

26 (e) REVOLVING LOAN FUND.—The Secretary has a bus testing revolving

27 loan fund consisting of amounts authorized for the fund under section

28 317(b)(5) of the Surface Transportation and Relocation Assistance Act of

29 1987. The Secretary shall make available as repayable advances from the

30 fund to the person operating and maintaining the facility amounts to oper31 ate and maintain the facility.

32 § 5319. Bicycle facilities

33 A project to provide access for bicycles to mass transportation facilities,

34 to provide shelters and parking facilities for bicycles in or around mass

35 transportation facilities, or to install equipment for transporting bicycles on

36 mass transportation vehicles is a capital project eligible for assistance under

37 sections 5307, 5309, and 5311 of this title. Notwithstanding sections

38 5307(e), 5309(h), and 5311(g) of this title, a grant of the United States

39 Government under this chapter for a project under this section is for 90

40 percent of the cost of the project.
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1 § 5320. Suspended light rail system technology pilot project

2 (a) PURPOSE.—The purpose of this section is to provide for the construc3 tion by a public entity of a suspended light rail system technology pilot

4 project—

5 (1) to assess the state of new technology for a suspended light rail

6 system; and

7 (2) to establish the feasibility, costs, and benefits of using the system

8 to transport passengers.

9 (b) GENERAL REQUIREMENTS.—The project shall—

10 (1) use new rail technology with individual vehicles on a prefab11 ricated elevated steel guideway;

12 (2) be stability-seeking with a center of gravity for the detachable

13 passenger vehicles located below the point of wheel-rail contact; and

14 (3) use vehicles that are driven by overhead bogies with high effi15 ciency, low maintenance electric motors for each wheel, operating in a

16 slightly sloped plane from vertical for the wheels and the running rails,

17 to further increase stability, acceleration, and braking performance.

18 (c) COMPETITION.—(1) The Secretary of Transportation shall conduct a

19 national competition to select a public entity with which to make a full fi20 nancing grant agreement to construct the project. Not later than April 16,

21 1992, the Secretary shall select 3 public entities to be finalists in the com22 petition. In conducting the competition and selecting public entities, the

23 Secretary shall consider—

24 (A) the public entity’s demonstrated understanding and knowledge of

25 the project and its technical, managerial, and financial capacity to con26 struct, manage, and operate the project; and

27 (B) maximizing potential contributions to the cost of the project by

28 State, local, and private sector entities, including donation of in-kind

29 services and materials.

30 (2) The Secretary shall award a grant to each finalist to be used to par31 ticipate in the final phase of the competition under procedures the Secretary

32 prescribes. A grant may not be more than 80 percent of the cost of partici33 pating. A finalist may not receive more than one-third of the amount made

34 available under subsection (h)(1)(A) of this section.

35 (3) Not later than July 15, 1992, the Secretary shall select from among

36 the 3 finalists a public entity with which to make a full financing grant

37 agreement.

38 (d) ENVIRONMENTAL IMPACT.—Not later than 270 days after a public

39 entity is selected under subsection (c) of this section, the Secretary shall

40 approve and publish in the Federal Register a notice announcing either a

41 finding of no significant impact or a draft environmental impact statement
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1 for the project. The alternatives analysis for the project shall include a deci2 sion on whether to construct the project. If a draft statement is published,

3 the Secretary, not later than 180 days after publication, shall approve and

4 publish in the Federal Register a notice of completion of a final environ5 mental impact statement.

6 (e) FULL FINANCING GRANT AGREEMENT.—Not later than 60 days after

7 carrying out the requirements of subsection (d) of this section, the Secretary

8 shall make a full financing grant agreement under section 5309 of this title

9 with the public entity selected under subsection (c) of this section to con10 struct the project. The agreement shall provide that the system vendor for

11 the project shall finance—

12 (1) 100 percent of any deficit incurred in operating the project in

13 the first 2 years of revenue operations of the project; and

14 (2) 50 percent of any deficit incurred in operating the project in the

15 3d year of revenue operations of the project.

16 (f) NOTICE TO PROCEED.—Not later than 30 days after making the full

17 financing grant agreement, the Secretary shall issue a notice to proceed

18 with construction.

19 (g) Option Not To Construct and Reawarding the Grant.—(1) Not later

20 than 30 days after completing preliminary engineering and design, the se21 lected public entity shall decide whether to proceed to constructing the

22 project. If the entity decides not to proceed—

23 (A) the Secretary shall not make the full financing grant agreement;

24 (B) remaining amounts received shall be returned to the Secretary

25 and credited to the Mass Transit Account of the Highway Trust Fund;

26 and

27 (C) the Secretary shall use the credited amount and other amounts

28 to be provided under this section to award to another entity selected

29 under subsection (c)(1) of this section a grant under section 5309 of

30 this title to construct the project.

31 (2) Not later than 60 days after a decision is made under paragraph (1)

32 of this subsection, a grant shall be awarded under paragraph (1)(C) of this

33 section after completing a competitive process for selecting the grant recipi34 ent.

35 (h) FINANCING.—(1) The Secretary shall pay from amounts provided

36 under section 5309 of this title the following:

37 (A) at least $1,000,000 for the fiscal year ending September 30,

38 1992, for grants under subsection (c)(2) of this section.

39 (B) at least $4,000,000 for the fiscal year ending September 30,

40 1993, for the United States Government share of the costs (as deter41 mined under section 5309 of this title) if the systems planning, alter-
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1 natives analysis, preliminary engineering, and design and environ2 mental impact statement are required by law for the project.

3 (C) at least $30,000,000 for the fiscal year ending September 30,

4 1994, as provided in the grant agreement under subsection (e) of this

5 section, for the Government share of the construction costs of the

6 project.

7 (2) The grant agreement under subsection (e) of this section shall provide

8 that for the 3d year of revenue operations of the project, the Secretary shall

9 pay from amounts provided under this section the Government share of op10 erating costs in an amount equal to the lesser of 50 percent of the deficit

11 incurred in operating the project in that year or $300,000.

12 (3) Amounts not expended under paragraph (1)(A) of this subsection are

13 available for the Government share of costs described in paragraph (1)(B)

14 and (C) of this subsection.

15 (4) Amounts under paragraph (1)(B) and (C) of this subsection remain

16 available until expended.

17 (i) GOVERNMENT’S SHARE OF COSTS.—The Government share of the

18 cost of constructing the project is 80 percent of the net cost of the project.

19 (j) PROJECT NOT SUBJECT TO MAJOR CAPITAL INVESTMENT POLICY.—

20 The project is not subject to the major capital investment policy of the Fed21 eral Transit Administration.

22 (k) REPORT.—Not later than January 30, 1993, and each year after that

23 date, the Secretary shall submit to Congress a report on the progress and

24 results of the project.

25 § 5321. Crime prevention and security

26 The Secretary of Transportation may make capital grants from amounts

27 available under section 5338 of this title to mass transportation systems for

28 crime prevention and security. This chapter does not prevent the financing

29 of a project under this section when a local governmental authority other

30 than the grant applicant has law enforcement responsibilities.

31 § 5322. Human resource programs

32 The Secretary of Transportation may undertake, or make grants and con33 tracts for, programs that address human resource needs as they apply to

34 mass transportation activities. A program may include—

35 (1) an employment training program;

36 (2) an outreach program to increase minority and female employ37 ment in mass transportation activities;

38 (3) research on mass transportation personnel and training needs;

39 and

40 (4) training and assistance for minority business opportunities.
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1 § 5323. General provisions on assistance

2 (a) INTERESTS IN PROPERTY.—(1) Financial assistance provided under

3 this chapter to a State or a local governmental authority may be used to

4 acquire an interest in, or buy property of, a private mass transportation

5 company, for a capital project for property acquired from a private mass

6 transportation company after July 9, 1964, or to operate mass transpor7 tation equipment or a mass transportation facility in competition with, or

8 in addition to, transportation service provided by an existing mass transpor9 tation company, only if—

10 (A) the Secretary of Transportation finds the assistance is essential

11 to a program of projects required under sections 5303–5306 of this

12 title;

13 (B) the Secretary of Transportation finds that the program, to the

14 maximum extent feasible, provides for the participation of private mass

15 transportation companies;

16 (C) just compensation under State or local law will be paid to the

17 company for its franchise or property; and

18 (D) the Secretary of Labor certifies that the assistance complies with

19 section 5333(b) of this title.

20 (2) A governmental authority may not use financial assistance of the

21 United States Government to acquire land, equipment, or a facility used in

22 mass transportation from another governmental authority in the same geo23 graphic area.

24 (b) NOTICE AND PUBLIC HEARING.—(1) An application for a grant or

25 loan under this chapter (except section 5307) for a capital project that will

26 affect substantially a community, or the mass transportation service of a

27 community, must include a certificate of the applicant that the applicant

28 has—

29 (A) provided an adequate opportunity for a public hearing with ade30 quate prior notice;

31 (B) held that hearing unless no one with a significant economic, so32 cial, or environmental interest requested one;

33 (C) considered the economic, social, and environmental effects of the

34 project; and

35 (D) found that the project is consistent with official plans for devel36 oping the urban area.

37 (2) Notice of a hearing under this subsection shall include a concise de38 scription of the proposed project and shall be published in a newspaper of

39 general circulation in the geographic area the project will serve. If a hearing

40 is held, a copy of the transcript of the hearing shall be submitted with the

41 application.
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1 (c) ACQUIRING NEW BUS MODELS.—Amounts appropriated or made

2 available under this chapter (except section 5307) after September 30,

3 1989, may be obligated or expended to acquire a new bus model only if a

4 bus of the model has been tested at the facility established under section

5 5318 of this title.

6 (d) BUYING AND OPERATING BUSES.—(1) Financial assistance under

7 this chapter may be used to buy or operate a bus only if the applicant, gov8 ernmental authority, or publicly owned operator that receives the assistance

9 agrees that, except as provided in the agreement, the governmental author10 ity or an operator of mass transportation for the governmental authority

11 will not provide charter bus transportation service outside the urban area

12 in which it provides regularly scheduled mass transportation service. An

13 agreement shall provide for a fair arrangement the Secretary of Transpor14 tation considers appropriate to ensure that the assistance will not enable a

15 governmental authority or an operator for a governmental authority to fore16 close a private operator from providing intercity charter bus service if the

17 private operator can provide the service.

18 (2) On receiving a complaint about a violation of an agreement, the Sec19 retary of Transportation shall investigate and decide whether a violation has

20 occurred. If the Secretary decides that a violation has occurred, the Sec21 retary shall correct the violation under terms of the agreement. In addition

22 to a remedy specified in the agreement, the Secretary may bar a recipient

23 under this subsection or an operator from receiving further assistance when

24 the Secretary finds a continuing pattern of violations of the agreement.

25 (e) BUS PASSENGER SEAT FUNCTIONAL SPECIFICATIONS.—The initial

26 advertising by a State or local governmental authority for bids to acquire

27 buses using financial assistance under this chapter (except section 5307)

28 may include passenger seat functional specifications that are at least equal

29 to performance specifications the Secretary of Transportation prescribes.

30 The specifications shall be based on a finding by the State or local govern31 mental authority of local requirements for safety, comfort, maintenance, and

32 life cycle costs.

33 (f) SCHOOLBUS TRANSPORTATION.—(1) Financial assistance under this

34 chapter may be used for a capital project, or to operate mass transportation

35 equipment or a mass transportation facility, only if the applicant agrees not

36 to provide schoolbus transportation that exclusively transports students and

37 school personnel in competition with a private schoolbus operator. This sub38 section does not apply—

39 (A) to an applicant that operates a school system in the area to be

40 served and a separate and exclusive schoolbus program for the school

41 system;
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1 (B) unless a private schoolbus operator can provide adequate trans2 portation that complies with applicable safety standards at reasonable

3 rates; and

4 (C) to a State or local governmental authority if it or a direct prede5 cessor in interest from which it acquired the duty of transporting

6 school children and personnel, and facilities to transport them, provided

7 schoolbus transportation at any time after November 25, 1973, but be8 fore November 26, 1974.

9 (2) An applicant violating an agreement under this subsection may not

10 receive other financial assistance under this chapter.

11 (g) BUYING BUSES UNDER OTHER LAWS.—Subsections (d) and (f) of

12 this section apply to financial assistance to buy a bus under sections

13 103(e)(4) and 142(a) or (c) of title 23. However, subsection (f)(1)(C) of

14 this section applies to sections 103(e)(4) and 142(a) or (c) only if schoolbus

15 transportation was provided at any time after August 12, 1972, but before

16 August 13, 1973.

17 (h) GRANT AND LOAN PROHIBITIONS.—A grant or loan may not be used

18 to—

19 (1) pay ordinary governmental or nonproject operating expenses; or

20 (2) support a procurement that uses an exclusionary or discrimina21 tory specification.

22 (i) GOVERNMENT’S SHARE OF COSTS FOR CERTAIN PROJECTS.—A Gov23 ernment grant for a project to be assisted under this chapter that involves

24 acquiring vehicle-related equipment required by the Clean Air Act (42

25 U.S.C. 7401 et seq.) or the Americans with Disabilities Act of 1990 (42

26 U.S.C. 12101 et seq.) is for 90 percent of the net project cost of the equip27 ment that is attributable to complying with those Acts. The Secretary of

28 Transportation, through practicable administrative procedures, may deter29 mine the costs attributable to that equipment.

30 (j) BUY AMERICAN.—(1) The Secretary of Transportation may obligate

31 an amount that may be appropriated to carry out this chapter for a project

32 only if the steel, iron, and manufactured goods used in the project are pro33 duced in the United States.

34 (2) The Secretary of Transportation may waive paragraph (1) of this sub35 section if the Secretary finds that—

36 (A) applying paragraph (1) would be inconsistent with the public in37 terest;

38 (B) the steel, iron, and goods produced in the United States are not

39 produced in a sufficient and reasonably available amount or are not of

40 a satisfactory quality;
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1 (C) when procuring rolling stock (including train control, commu2 nication, and traction power equipment) under this chapter—

3 (i) the cost of components and subcomponents produced in the

4 United States is more than 60 percent of the cost of all compo5 nents of the rolling stock; and

6 (ii) final assembly of the rolling stock has occurred in the Unit7 ed States; or

8 (D) including domestic material will increase the cost of the overall

9 project by more than 25 percent.

10 (3) In this subsection, labor costs involved in final assembly are not in11 cluded in calculating the cost of components.

12 (4) The Secretary of Transportation may not make a waiver under para13 graph (2) of this subsection for goods produced in a foreign country if the

14 Secretary, in consultation with the United States Trade Representative, de15 cides that the government of that foreign country—

16 (A) has an agreement with the United States Government under

17 which the Secretary has waived the requirement of this subsection; and

18 (B) has violated the agreement by discriminating against goods to

19 which this subsection applies that are produced in the United States

20 and to which the agreement applies.

21 (5) A person is ineligible under subpart 9.4 of chapter 1 of title 48, Code

22 of Federal Regulations, to receive a contract or subcontract made with

23 amounts authorized under the Intermodal Surface Transportation Efficiency

24 Act of 1991 (Public Law 102–240, 105 Stat. 1914) if a court or depart25 ment, agency, or instrumentality of the Government decides the person in26 tentionally—

27 (A) affixed a ‘‘Made in America’’ label, or a label with an inscription

28 having the same meaning, to goods sold in or shipped to the United

29 States that are used in a project to which this subsection applies but

30 not produced in the United States; or

31 (B) represented that goods described in clause (A) of this paragraph

32 were produced in the United States.

33 (6) The Secretary of Transportation may not impose any limitation on

34 assistance provided under this chapter that restricts a State from imposing

35 more stringent requirements than this subsection on the use of articles, ma36 terials, and supplies mined, produced, or manufactured in foreign countries

37 in projects carried out with that assistance or restricts a recipient of that

38 assistance from complying with those State-imposed requirements.

39 (7) Not later than January 1, 1995, the Secretary of Transportation shall

40 submit to Congress a report on purchases from foreign entities waived

41 under paragraph (2) of this subsection in the fiscal years ending September
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1 30, 1992, and September 30, 1993. The report shall indicate the dollar

2 value of items for which waivers were granted.

3 (k) APPLICATION OF SECTION 135 OF TITLE 23—The planning and pro4 gramming requirements of section 135 of title 23 apply to a grant made

5 under sections 5307–5311 of this title.

6 § 5324. Limitations on discretionary and special needs

7 grants and loans

8 (a) RELOCATION PROGRAM REQUIREMENTS.—Financial assistance may

9 be provided under section 5309 of this title only if the Secretary of Trans10 portation decides that—

11 (1) an adequate relocation program is being carried out for families

12 displaced by a project; and

13 (2) an equal number of decent, safe, and sanitary dwellings are

14 being, or will be, provided to those families in the same area or in an15 other area generally not less desirable for public utilities and public and

16 commercial facilities, at rents or prices within the financial means of

17 those families, and with reasonable access to their places of employ18 ment.

19 (b) ECONOMIC, SOCIAL, AND ENVIRONMENTAL INTERESTS.—(1) In car20 rying out section 5301(e) of this title, the Secretary of Transportation shall

21 cooperate and consult with the Secretaries of Agriculture, Health and

22 Human Services, Housing and Urban Development, and the Interior and

23 the Council on Environmental Quality on each project that may have a sub24 stantial impact on the environment.

25 (2) In carrying out section 5309 of this title, the Secretary of Transpor26 tation shall review each transcript of a hearing submitted under section

27 5323(b) of this title to establish that an adequate opportunity to present

28 views was given to all parties with a significant economic, social, or environ29 mental interest and that the project application includes a statement on—

30 (A) the environmental impact of the proposal;

31 (B) adverse environmental effects that cannot be avoided;

32 (C) alternatives to the proposal; and

33 (D) irreversible and irretrievable impacts on the environment.

34 (3)(A) The Secretary of Transportation may approve an application for

35 financial assistance under section 5309 of this title only if the Secretary

36 makes written findings, after reviewing the application and any hearings

37 held before a State or local governmental authority under section 5323(b)

38 of this title, that—

39 (i) an adequate opportunity to present views was given to all parties

40 with a significant economic, social, or environmental interest;
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1 (ii) the preservation and enhancement of the environment, and the

2 interest of the community in which a project is located, were consid3 ered; and

4 (iii) no adverse environmental effect is likely to result from the

5 project, or no feasible and prudent alternative to the effect exists and

6 all reasonable steps have been taken to minimize the effect.

7 (B) If a hearing has not been conducted or the Secretary of Transpor8 tation decides that the record of the hearing is inadequate for making the

9 findings required by this subsection, the Secretary shall conduct a hearing

10 on an environmental issue raised by the application after giving adequate

11 notice to interested persons.

12 (C) A finding of the Secretary of Transportation under subparagraph (A)

13 of this paragraph shall be made a matter of public record.

14 (c) PROHIBITIONS AGAINST REGULATING OPERATIONS AND CHARGES.—

15 The Secretary of Transportation may not regulate the operation of a mass

16 transportation system for which a grant is made under section 5309 of this

17 title and, after a grant is made, may not regulate any charge for the system.

18 However, the Secretary may require the local governmental authority, cor19 poration, or association to comply with any undertaking provided by it relat20 ed to its grant application.

21 § 5325. Contract requirements

22 (a) NONCOMPETITIVE BIDDING.—A capital project or improvement con23 tract for which a grant or loan is made under this chapter, if the contract

24 is not made through competitive bidding, shall provide that records related

25 to the contract shall be made available to the Secretary of Transportation

26 and the Comptroller General, or an officer or employee of the Secretary or

27 Comptroller General, when conducting an audit and inspection.

28 (b) ACQUIRING ROLLING STOCK.—A recipient of financial assistance of

29 the United States Government under this chapter may make a contract to

30 expend that assistance to acquire rolling stock—

31 (1) based on—

32 (A) initial capital costs; or

33 (B) performance, standardization, life cycle costs, and other fac34 tors; or

35 (2) with a party selected through a competitive procurement process.

36 (c) PROCURING ASSOCIATED CAPITAL MAINTENANCE ITEMS.—A recipi37 ent of a grant under section 5307 of this title procuring an associated cap38 ital maintenance item under section 5307(b) may make a contract directly

39 with the original manufacturer or supplier of the item to be replaced, with40 out receiving prior approval of the Secretary, if the recipient first certifies

41 in writing to the Secretary that—
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1 (1) the manufacturer or supplier is the only source for the item; and

2 (2) the price of the item is no more than the price similar customers

3 pay for the item.

4 (d) MANAGEMENT, ARCHITECTURAL, AND ENGINEERING CONTRACTS.—

5 A contract for program management, construction management, a feasibility

6 study, and preliminary engineering, design, architectural, engineering, sur7 veying, mapping, or related services for a project for which a grant or loan

8 is made under this chapter shall be awarded in the same way as a contract

9 for architectural and engineering services is negotiated under title IX of the

10 Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541

11 et seq.) or an equivalent qualifications-based requirement of a State. This

12 subsection does not apply to the extent a State has adopted or adopts by

13 law a formal procedure for procuring those services.

14 § 5326. Special procurements

15 (a) TURNKEY SYSTEM PROJECTS.—(1) In this subsection, ‘‘turnkey sys16 tem project’’ means a project under which a recipient makes a contract with

17 a seller, firm, or consortium of firms to construct a mass transportation sys18 tem that meets specific performance criteria and that the seller operates for

19 a period of time.

20 (2) To advance new technologies and lower the cost of a capital project

21 for a new mass transportation system, the Secretary of Transportation shall

22 allow solicitation for a turnkey system project to be financed under this

23 chapter to be awarded conditionally before United States Government re24 quirements have been met on the project if the award is made without prej25 udice to carrying out those requirements. Government financial assistance

26 under this chapter may be made available for the project after the recipient

27 complies with Government requirements.

28 (3) To develop regulations applying generally to turnkey system projects,

29 the Secretary may approve at least 2 projects for an initial demonstration

30 phase. The results of the demonstration projects (and other projects using

31 this procurement method on December 18, 1991) shall be considered in de32 veloping guidelines to carry out this subsection.

33 (b) MULTIYEAR ROLLING STOCK.—(1) A recipient procuring rolling stock

34 with Government financial assistance under this chapter may make a

35 multiyear contract to buy the rolling stock and replacement parts under

36 which the recipient has an option to buy additional rolling stock or replace37 ment parts for not more than 5 years after the date of the original contract.

38 (2) The Secretary shall allow at least 2 recipients to act on a cooperative

39 basis to procure rolling stock in compliance with this subsection and other

40 Government procurement requirements.
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1 (c) EFFICIENT PROCUREMENT.—A recipient may award a procurement

2 contract under this chapter to other than the lowest bidder when the award

3 furthers an objective consistent with the purposes of this chapter, including

4 improved long-term operating efficiency and lower long-term costs. Not later

5 than March 17, 1992, the Secretary shall—

6 (1) make appropriate changes in existing procedures to make the

7 policy stated in this subsection readily practicable for all mass trans8 portation authorities; and

9 (2) prescribe guidance that clarifies and carries out the policy.

10 § 5327. Project management oversight

11 (a) PROJECT MANAGEMENT PLAN REQUIREMENTS.—To receive United

12 States Government financial assistance for a major capital project under

13 this chapter or the National Capital Transportation Act of 1969 (Public

14 Law 91–143, 83 Stat. 320), a recipient must prepare and carry out a

15 project management plan approved by the Secretary of Transportation. The

16 plan shall provide for—

17 (1) adequate recipient staff organization with well-defined reporting

18 relationships, statements of functional responsibilities, job descriptions,

19 and job qualifications;

20 (2) a budget covering the project management organization, appro21 priate consultants, property acquisition, utility relocation, systems dem22 onstration staff, audits, and miscellaneous payments the recipient may

23 be prepared to justify;

24 (3) a construction schedule for the project;

25 (4) a document control procedure and recordkeeping system;

26 (5) a change order procedure that includes a documented, systematic

27 approach to the handling of construction change orders;

28 (6) organizational structures, management skills, and staffing levels

29 required throughout the construction phase;

30 (7) quality control and quality assurance functions, procedures, and

31 responsibilities for construction, system installation, and integration of

32 system components;

33 (8) material testing policies and procedures;

34 (9) internal plan implementation and reporting requirements;

35 (10) criteria and procedures to be used for testing the operational

36 system or its major components;

37 (11) periodic updates of the plan, especially related to project budget

38 and project schedule, financing, ridership estimates, and the status of

39 local efforts to enhance ridership where ridership estimates partly de40 pend on the success of those efforts; and
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1 (12) the recipient’s commitment to submit a project budget and

2 project schedule to the Secretary each month.

3 (b) PLAN APPROVAL.—(1) The Secretary shall approve a plan not later

4 than 60 days after it is submitted. If the approval cannot be completed

5 within 60 days, the Secretary shall notify the recipient, explain the reasons

6 for the delay, and estimate the additional time that will be required.

7 (2) The Secretary shall inform the recipient of the reasons when a plan

8 is disapproved.

9 (c) LIMITATIONS ON USE OF AVAILABLE AMOUNTS.—(1) The Secretary

10 may use not more than .5 percent of amounts made available for a fiscal

11 year to carry out section 5307, 5309, or 5311 of this title, an interstate

12 transfer mass transportation project under section 103(e)(4) of title 23 as

13 in effect on September 30, 1991, or a project under the National Capital

14 Transportation Act of 1969 (Public Law 91–143, 83 Stat. 320) to make

15 a contract to oversee the construction of a major project under section

16 5307, 5309, 5311, or 103(e)(4) or that Act. The Secretary may use when

17 necessary not more than an additional .25 percent of amounts made avail18 able in a fiscal year to carry out a major project under section 5307 to

19 make a contract to oversee the construction of the project.

20 (2) The Secretary may use amounts available under paragraph (1) of this

21 subsection to make contracts for safety, procurement, management, and fi22 nancial compliance reviews and audits of a recipient of amounts under para23 graph (1). Subsections (a), (b), and (e) of this section do not apply to con24 tracts under this paragraph.

25 (3) The Government shall pay the entire cost of carrying out a contract

26 under this subsection.

27 (d) ACCESS TO SITES AND RECORDS.—Each recipient of assistance under

28 this chapter or section 14(b) of the National Capital Transportation Act of

29 1969 (Public Law 91–143, 83 Stat. 320), as added by section 2 of the Na30 tional Capital Transportation Amendments of 1979 (Public Law 96–184, 93

31 Stat. 1320), shall provide the Secretary and a contractor the Secretary

32 chooses under subsection (c) of this section with access to the construction

33 sites and records of the recipient when reasonably necessary.

34 (e) REGULATIONS.—The Secretary shall prescribe regulations necessary

35 to carry out this section. The regulations shall include—

36 (1) a definition of ‘‘major capital project’’ for subsection (c) of this

37 section that excludes a project to acquire rolling stock or to maintain

38 or rehabilitate a vehicle; and

39 (2) a requirement that oversight begin during the preliminary engi40 neering stage of a project, unless the Secretary finds it more appro41 priate to begin the oversight during another stage of the project, to
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1 maximize the transportation benefits and cost savings associated with

2 project management oversight.

3 § 5328. Project review

4 (a) SCHEDULE.—(1) When the Secretary of Transportation allows a new

5 fixed guideway project to advance into the alternatives analysis stage of

6 project review, the Secretary shall cooperate with the applicant in alter7 natives analysis and in preparing a draft environmental impact statement

8 and shall approve the draft for circulation not later than 45 days after the

9 applicant submits the draft to the Secretary.

10 (2) After the draft is circulated and not later than 30 days after the ap11 plicant selects a locally preferred alternative, the Secretary shall allow the

12 project to advance to the preliminary engineering stage if the Secretary

13 finds the project is consistent with section 5309(e)(1)–(6) of this title.

14 (3) The Secretary shall issue a record of decision and allow a project to

15 advance to the final design stage of construction not later than 120 days

16 after the final environmental impact statement for the project is completed.

17 (4) The Secretary shall make a full financing grant agreement under sec18 tion 5309 of this title for a project not later than 120 days after the project

19 enters the final design stage of construction. The agreement shall provide

20 for a United States Government share of the construction cost at least equal

21 to the Government share estimated in the Secretary’s most recent report re22 quired under section 5309(m)(2) of this title or an update of the report un23 less the applicant requests otherwise.

24 (b) ALLOWED DELAYS.—(1) Advancement of a project under the time re25 quirements of subsection (a) of this section may be delayed only—

26 (A) for the time the applicant may request; or

27 (B) during the time the Secretary finds, after reasonable notice and

28 an opportunity for comment, that the applicant, for reasons attrib29 utable only to the applicant, has not complied substantially with the

30 provisions of this chapter applicable to the project.

31 (2) Not more than 10 days after imposing a delay under paragraph

32 (1)(B) of this subsection, the Secretary shall give the applicant a written

33 statement explaining the reasons for the delay and describing actions the

34 applicant must take to end the delay.

35 (3) At least once every 6 months, the Secretary shall report to the Com36 mittee on Public Works and Transportation of the House of Representatives

37 and the Committee on Banking, Housing and Urban Affairs of the Senate

38 on each situation in which the Secretary has not met a time requirement

39 of subsection (a) of this section or delayed a time requirement under para40 graph (1)(B) of this subsection. The report shall explain the reasons for the
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1 delay and include a plan for achieving timely completion of the Secretary’s

2 review.

3 (c) PROGRAM OF INTERRELATED PROJECTS.—(1) In this subsection, a

4 program of interrelated projects includes the following:

5 (A) the New Jersey Urban Core Project (as defined in title III of

6 the Intermodal Surface Transportation Efficiency Act of 1991 (Public

7 Law 102–240, 105 Stat. 2087)).

8 (B) the San Francisco Bay Area Rail Extension Program, consisting

9 of at least an extension of the San Francisco Bay Area Rapid Transit

10 District to the San Francisco International Airport (Phase 1a to Colma

11 and Phase 1b to San Francisco Airport), the Santa Clara County

12 Transit District Tasman Corridor Project, a program element des13 ignated by a change to the Metropolitan Transportation Commission

14 Resolution No. 1876, and a program element financed completely with

15 non-Government amounts, including the BART Warm Springs Exten16 sion, Dublin Extension, and West Pittsburg Extension.

17 (C) the Los Angeles Metro Rail Minimum Operable Segment-3 Pro18 gram, consisting of 7 stations and approximately 11.6 miles of heavy

19 rail subway on the following lines:

20 (i) one line running west and northwest from the Hollywood/

21 Vine station to the North Hollywood station, with 2 intermediate

22 stations.

23 (ii) one line running west from the Wilshire/Western station to

24 the Pico/San Vicente station, with one intermediate station.

25 (iii) the East Side Extension, consisting of an initial line of ap26 proximately 3 miles, with at least 2 stations, beginning at Union

27 Station and running generally east.

28 (D) the Baltimore-Washington Transportation Improvement Pro29 gram, consisting of 3 extensions of the Baltimore Light Rail to Hunt

30 Valley, Penn Station, and Baltimore-Washington Airport, MARC exten31 sions to Frederick and Waldorf, Maryland, and an extension of the

32 Washington Subway system to Largo, Maryland.

33 (E) the Tri-County Metropolitan Transportation District of Oregon

34 Westside Light Rail Program, consisting of the locally preferred alter35 native for the Westside Light Rail Project, including system related

36 costs, contained in the Department of Transportation and Related

37 Agencies Appropriations Act, 1991 (Public Law 101–516, 104 Stat.

38 2155), and defined in House Report 101–584, and the Hillsboro exten39 sion to the Westside Light Rail Project contained in that Act.

40 (F) the Queens Local/Express Connector Program, consisting of the

41 locally preferred alternative for the connection of the 63d Street tunnel
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1 extension to the Queens Boulevard lines, the bell-mouth part of the

2 connector that will allow for future access by commuter rail trains and

3 other subway lines to the 63d Street tunnel extension, planning ele4 ments for connecting the upper and lower levels to commuter and sub5 way lines in Long Island City, and planning elements for providing a

6 connector for commuter rail transportation to the East side of Manhat7 tan and subway lines to the proposed Second Avenue subway.

8 (G) the Dallas Area Rapid Transit Authority light rail elements of

9 the New System Plan, consisting of the locally preferred alternative for

10 the South Oak Cliff corridor, the South Oak Cliff corridor extension11 Camp Wisdom, the West Oak Cliff corridor-Westmoreland, the North

12 Central corridor-Park Lane, the North Central corridor-Richardson,

13 Plano, and Garland extensions, the Pleasant Grove corridor-Buckner,

14 and the Carrollton corridors-Farmers Branch and Las Colinas termi15 nal.

16 (H) other programs designated by law or the Secretary.

17 (2) Consistent with the time requirements of subsection (a) of this section

18 or as otherwise provided by law, the Secretary shall make at least one full

19 financing grant agreement for each program described in paragraph (1) of

20 this subsection. The agreement shall include commitments to advance each

21 of the applicant’s program elements (in the program of interrelated

22 projects) through the appropriate program review stages as provided in sub23 section (a) or as otherwise provided by law and to provide Government fi24 nancing for each element. The agreement may be changed to include design

25 and construction of a particular element.

26 (3) When reviewing a project in a program of interrelated projects, the

27 Secretary shall consider the local financial commitment, transportation ef28 fectiveness, and other assessment factors of all program elements to the ex29 tent consideration expedites carrying out the project.

30 (4) Including a program element not financed by the Government in a

31 program of interrelated projects does not impose Government requirements

32 that otherwise would not apply to the element.

33 § 5329. Investigation of safety hazards

34 (a) GENERAL.—The Secretary of Transportation may investigate a condi35 tion in equipment, a facility, or an operation financed under this chapter

36 that the Secretary believes causes a serious hazard of death or injury to es37 tablish the nature and extent of the condition and how to eliminate or cor38 rect it. If the Secretary establishes that a condition causes a hazard, the

39 Secretary shall require the local governmental authority receiving amounts

40 under this chapter to submit a plan for correcting it. The Secretary may
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1 withhold further financial assistance under this chapter until a plan is ap2 proved and carried out.

3 (b) REPORT.—Not later than June 15, 1992, the Secretary shall submit

4 to Congress a report containing—

5 (1) a description of actions taken to identify and investigate condi6 tions in a facility, equipment, or way of operating as part of the find7 ings and decisions required of the Secretary in providing a grant or

8 loan under this chapter;

9 (2) a description of actions of the Secretary to correct or eliminate,

10 as a requirement for making an amount available through a grant or

11 loan under this chapter, a condition found to create a serious hazard

12 of death or injury;

13 (3) a summary of all passenger-related deaths and injuries resulting

14 from an unsafe condition in a facility, equipment, or way of operating

15 a facility or equipment at least partly financed under this chapter;

16 (4) a summary of all employee-related deaths and injuries resulting

17 from an unsafe condition in a facility, equipment, or way of operating

18 a facility or equipment at least partly financed under this chapter;

19 (5) a summary of action of the Secretary to correct or eliminate the

20 unsafe condition to which the deaths and injuries referred to in clauses

21 (3) and (4) of this subsection were attributed;

22 (6) a summary of actions of the Secretary to alert mass transpor23 tation operators of the nature of the unsafe condition found to create

24 a serious hazard of death or injury; and

25 (7) recommendations of the Secretary to Congress of any legislative

26 or administrative actions necessary to ensure that all recipients of

27 amounts under this chapter will undertake the best way available to

28 correct or eliminate hazards of death or injury, including—

29 (A) a timetable for undertaking actions;

30 (B) an estimate of the capital and operating cost to take the

31 actions; and

32 (C) minimum standards for establishing and carrying out safety

33 plans by recipients of amounts under this chapter.

34 § 5330. Withholding amounts for noncompliance with safety

35 requirements

36 (a) APPLICATION.—This section applies only to States that have rail fixed

37 guideway mass transportation systems not subject to regulation by the Fed38 eral Railroad Administration.

39 (b) GENERAL AUTHORITY.—The Secretary of Transportation may with40 hold not more than 5 percent of the amount required to be appropriated

41 for use in a State or urbanized area in the State under section 5307 of this
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1 title for a fiscal year beginning after September 30, 1994, if the State in

2 the prior fiscal year has not met the requirements of subsection (c) of this

3 section and the Secretary decides the State is not making an adequate effort

4 to comply with subsection (c).

5 (c) STATE REQUIREMENTS.—A State meets the requirements of this sec6 tion if the State—

7 (1) establishes and is carrying out a safety program plan for each

8 fixed guideway mass transportation system in the State that establishes

9 at least safety requirements, lines of authority, levels of responsibility

10 and accountability, and methods of documentation for the system; and

11 (2) designates a State authority as having responsibility—

12 (A) to require, review, approve, and monitor the carrying out of

13 each plan;

14 (B) to investigate hazardous conditions and accidents on the

15 systems; and

16 (C) to require corrective action to correct or eliminate those

17 conditions.

18 (d) MULTISTATE INVOLVEMENT.—When more than one State is subject

19 to this section in connection with a single mass transportation authority, the

20 affected States may designate an entity (except the mass transportation au21 thority) to ensure uniform safety standards and enforcement and to meet

22 the requirements of subsection (c) of this section.

23 (e) AVAILABILITY OF WITHHELD AMOUNTS.—(1) An amount withheld

24 under subsection (b) of this section remains available for apportionment for

25 use in the State until the end of the 2d fiscal year after the fiscal year for

26 which the amount may be appropriated.

27 (2) If a State meets the requirements of subsection (c) of this section be28 fore the last day of the period for which an amount withheld under sub29 section (b) of this section remains available under paragraph (1) of this sub30 section, the Secretary, on the first day on which the State meets the re31 quirements, shall apportion to the State the amount withheld that remains

32 available for apportionment for use in the State. An amount apportioned

33 under this paragraph remains available until the end of the 3d fiscal year

34 after the fiscal year in which the amount is apportioned. An amount not

35 obligated at the end of the 3-year period shall be apportioned for use in

36 other States under section 5336 of this title.

37 (3) If a State does not meet the requirements of subsection (c) of this

38 section at the end of the period for which an amount withheld under sub39 section (b) of this section remains available under paragraph (1) of this sub40 section, the amount shall be apportioned for use in other States under sec41 tion 5336 of this title.
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1 (f) REGULATIONS.—Not later than December 18, 1992, the Secretary

2 shall prescribe regulations stating the requirements for complying with sub3 section (c) of this section.

4 § 5331. Alcohol and controlled substances testing

5 (a) DEFINITIONS.—In this section—

6 (1) ‘‘controlled substance’’ means any substance under section 102

7 of the Comprehensive Drug Abuse Prevention and Control Act of 1970

8 (21 U.S.C. 802) whose use the Secretary of Transportation decides has

9 a risk to transportation safety.

10 (2) ‘‘person’’ includes any entity organized or existing under the laws

11 of the United States, a State, territory, or possession of the United

12 States, or a foreign country.

13 (3) ‘‘mass transportation’’ means any form of mass transportation,

14 except a form the Secretary decides is covered adequately, for employee

15 alcohol and controlled substances testing purposes, under subchapter

16 III of chapter 201 or section 31306 of this title.

17 (b) TESTING PROGRAM FOR MASS TRANSPORTATION EMPLOYEES.—

18 (1)(A) In the interest of mass transportation safety, the Secretary of Trans19 portation shall prescribe regulations not later than October 28, 1992, that

20 establish a program requiring mass transportation operations that receive

21 financial assistance under section 5307, 5309, or 5311 of this title or sec22 tion 103(e)(4) of title 23 to conduct preemployment, reasonable suspicion,

23 random, and post-accident testing of mass transportation employees respon24 sible for safety-sensitive functions (as decided by the Secretary) for the use

25 of alcohol or a controlled substance in violation of law or a United States

26 Government regulation.

27 (B) When the Secretary of Transportation considers it appropriate in the

28 interest of safety, the Secretary may prescribe regulations for conducting

29 periodic recurring testing of mass transportation employees responsible for

30 safety-sensitive functions (as decided by the Secretary) for the use of alcohol

31 or a controlled substance in violation of law or a Government regulation.

32 (2) In prescribing regulations under this subsection, the Secretary of

33 Transportation—

34 (A) shall require that post-accident testing of such a mass transpor35 tation employee be conducted when loss of human life occurs in an ac36 cident involving mass transportation; and

37 (B) may require that post-accident testing of such a mass transpor38 tation employee be conducted when bodily injury or significant property

39 damage occurs in any other serious accident involving mass transpor40 tation.
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1 (c) DISQUALIFICATIONS FOR USE.—(1) When the Secretary of Transpor2 tation considers it appropriate, the Secretary shall require disqualification

3 for an established period of time or dismissal of any employee referred to

4 in subsection (b)(1) of this section who is found—

5 (A) to have used or been impaired by alcohol when on duty; or

6 (B) to have used a controlled substance, whether or not on duty, ex7 cept as allowed for medical purposes by law or regulation.

8 (2) This section does not supersede any penalty applicable to a mass

9 transportation employee under another law.

10 (d) TESTING AND LABORATORY REQUIREMENTS.—In carrying out sub11 section (b) of this section, the Secretary of Transportation shall develop re12 quirements that shall—

13 (1) promote, to the maximum extent practicable, individual privacy

14 in the collection of specimens;

15 (2) for laboratories and testing procedures for controlled substances,

16 incorporate the Department of Health and Human Services scientific

17 and technical guidelines dated April 11, 1988, and any amendments to

18 those guidelines, including mandatory guidelines establishing—

19 (A) comprehensive standards for every aspect of laboratory con20 trolled substances testing and laboratory procedures to be applied

21 in carrying out this section, including standards requiring the use

22 of the best available technology to ensure the complete reliability

23 and accuracy of controlled substances tests and strict procedures

24 governing the chain of custody of specimens collected for con25 trolled substances testing;

26 (B) the minimum list of controlled substances for which individ27 uals may be tested; and

28 (C) appropriate standards and procedures for periodic review of

29 laboratories and criteria for certification and revocation of certifi30 cation of laboratories to perform controlled substances testing in

31 carrying out this section;

32 (3) require that a laboratory involved in controlled substances testing

33 under this section have the capability and facility, at the laboratory,

34 of performing screening and confirmation tests;

35 (4) provide that all tests indicating the use of alcohol or a controlled

36 substance in violation of law or a Government regulation be confirmed

37 by a scientifically recognized method of testing capable of providing

38 quantitative information about alcohol or a controlled substance;

39 (5) provide that each specimen be subdivided, secured, and labeled

40 in the presence of the tested individual and that a part of the specimen

41 be retained in a secure manner to prevent the possibility of tampering,
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1 so that if the individual’s confirmation test results are positive the indi2 vidual has an opportunity to have the retained part tested by a 2d con3 firmation test done independently at another certified laboratory if the

4 individual requests the 2d confirmation test not later than 3 days after

5 being advised of the results of the first confirmation test;

6 (6) ensure appropriate safeguards for testing to detect and quantify

7 alcohol in breath and body fluid samples, including urine and blood,

8 through the development of regulations that may be necessary and in

9 consultation with the Secretary of Health and Human Services;

10 (7) provide for the confidentiality of test results and medical infor11 mation (except information about alcohol or a controlled substance) of

12 employees, except that this clause does not prevent the use of test re13 sults for the orderly imposition of appropriate sanctions under this sec14 tion; and

15 (8) ensure that employees are selected for tests by nondiscriminatory

16 and impartial methods, so that no employee is harassed by being treat17 ed differently from other employees in similar circumstances.

18 (e) REHABILITATION.—The Secretary of Transportation shall prescribe

19 regulations establishing requirements for rehabilitation programs that pro20 vide for the identification and opportunity for treatment of any mass trans21 portation employee referred to in subsection (b)(1) of this section who is

22 found to have used alcohol or a controlled substance in violation of law or

23 a Government regulation. The Secretary shall decide on the circumstances

24 under which employees shall be required to participate in a program. This

25 subsection does not prevent a mass transportation operation from establish26 ing a program under this section in cooperation with another mass trans27 portation operation.

28 (f) RELATIONSHIP TO OTHER LAWS, REGULATIONS, STANDARDS, AND

29 ORDERS.—(1) A State or local government may not prescribe, issue, or con30 tinue in effect a law, regulation, standard, or order that is inconsistent with

31 regulations prescribed under this section. However, a regulation prescribed

32 under this section does not preempt a State criminal law that imposes sanc33 tions for reckless conduct leading to loss of life, injury, or damage to prop34 erty.

35 (2) In prescribing regulations under this section, the Secretary of Trans36 portation—

37 (A) shall establish only requirements that are consistent with inter38 national obligations of the United States; and

39 (B) shall consider applicable laws and regulations of foreign coun40 tries.
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1 (3) This section does not prevent the Secretary of Transportation from

2 continuing in effect, amending, or further supplementing a regulation pre3 scribed before October 28, 1991, governing the use of alcohol or a controlled

4 substance by mass transportation employees.

5 (g) INELIGIBILITY FOR ASSISTANCE.—A person is not eligible for finan6 cial assistance under section 5307, 5309, or 5311 of this title or section

7 103(e)(4) of title 23 if the person is required, under regulations the Sec8 retary of Transportation prescribes under this section, to establish a pro9 gram of alcohol and controlled substances testing and does not establish the

10 program.

11 § 5332. Nondiscrimination

12 (a) DEFINITION.—In this section, ‘‘person’’ includes a governmental au13 thority, political subdivision, authority, legal representative, trust, unincor14 porated organization, trustee, trustee in bankruptcy, and receiver.

15 (b) PROHIBITIONS.—A person may not be excluded from participating in,

16 denied a benefit of, or discriminated against under, a project, program, or

17 activity receiving financial assistance under this chapter because of race,

18 color, creed, national origin, sex, or age.

19 (c) COMPLIANCE.—(1) The Secretary of Transportation shall take affirm20 ative action to ensure compliance with subsection (b) of this section.

21 (2) When the Secretary decides that a person receiving financial assist22 ance under this chapter is not complying with subsection (b) of this section,

23 a civil rights law of the United States, or a regulation or order under that

24 law, the Secretary shall notify the person of the decision and require action

25 be taken to ensure compliance with subsection (b).

26 (d) AUTHORITY OF SECRETARY FOR NONCOMPLIANCE.—If a person does

27 not comply with subsection (b) of this section within a reasonable time after

28 receiving notice, the Secretary shall—

29 (1) direct that no further financial assistance of the United States

30 Government under this chapter be provided to the person;

31 (2) refer the matter to the Attorney General with a recommendation

32 that a civil action be brought;

33 (3) proceed under title VI of the Civil Rights Act of 1964 (42 U.S.C.

34 2000d et seq.); and

35 (4) take any other action provided by law.

36 (e) CIVIL ACTIONS BY ATTORNEY GENERAL.—The Attorney General may

37 bring a civil action for appropriate relief when—

38 (1) a matter is referred to the Attorney General under subsection

39 (d)(2) of this section; or

40 (2) the Attorney General believes a person is engaged in a pattern

41 or practice in violation of this section.
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1 (f) APPLICATION AND RELATIONSHIP TO OTHER LAWS.—This section ap2 plies to an employment or business opportunity and is in addition to title

3 VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).

4 § 5333. Labor standards

5 (a) PREVAILING WAGES REQUIREMENT.—The Secretary of Transpor6 tation shall ensure that laborers and mechanics employed by contractors

7 and subcontractors in construction work financed with a grant or loan

8 under this chapter be paid wages not less than those prevailing on similar

9 construction in the locality, as determined by the Secretary of Labor under

10 the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C.

11 276a—276a–5). The Secretary of Transportation may approve a grant or

12 loan only after being assured that required labor standards will be main13 tained on the construction work. For a labor standard under this subsection,

14 the Secretary of Labor has the same duties and powers stated in Reorga15 nization Plan No. 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and sec16 tion 2 of the Act of June 13, 1934 (40 U.S.C. 276c).

17 (b) EMPLOYEE PROTECTIVE ARRANGEMENTS.—(1) As a condition of fi18 nancial assistance under sections 5307–5312 of this title, the interests of

19 employees affected by the assistance shall be protected under arrangements

20 the Secretary of Labor concludes are fair and equitable. The agreement

21 granting the assistance under sections 5307–5312 shall specify the arrange22 ments.

23 (2) Arrangements under this subsection shall include—

24 (A) the preservation of rights, privileges, and benefits (including con25 tinuation of pension rights and benefits) under existing collective bar26 gaining agreements or otherwise;

27 (B) the continuation of collective bargaining rights;

28 (C) the protection of employees against a worsening of their posi29 tions related to employment;

30 (D) assurances of employment to employees of acquired mass trans31 portation systems;

32 (E) assurances of priority of reemployment of employees whose em33 ployment is ended or who are laid off; and

34 (F) paid training or retraining programs.

35 (3) Arrangements under this subsection shall provide benefits at least

36 equal to benefits established under section 11347 of this title.

37 § 5334. Administrative

38 (a) GENERAL AUTHORITY.—In carrying out this chapter, the Secretary

39 of Transportation may—
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1 (1) prescribe terms for a project under sections 5307 and 5309–

2 5311 of this title (except terms the Secretary of Labor prescribes under

3 section 5333(b) of this title);

4 (2) sue and be sued;

5 (3) foreclose on property or bring a civil action to protect or enforce

6 a right conferred on the Secretary of Transportation by law or agree7 ment;

8 (4) buy property related to a loan under this chapter;

9 (5) agree to pay an annual amount in place of a State or local tax

10 on real property acquired or owned under this chapter;

11 (6) sell, exchange, or lease property, a security, or an obligation;

12 (7) obtain loss insurance for property and assets the Secretary of

13 Transportation holds;

14 (8) consent to a modification in an agreement under this chapter;

15 and

16 (9) include in an agreement or instrument under this chapter a cov17 enant or term the Secretary of Transportation considers necessary to

18 carry out this chapter.

19 (b) PROCEDURES FOR PRESCRIBING REGULATIONS.—(1) The Secretary

20 of Transportation shall prepare an agenda listing all areas in which the Sec21 retary intends to propose regulations governing activities under this chapter

22 within the following 12 months. The Secretary shall publish the proposed

23 agenda in the Federal Register as part of the Secretary’s semiannual regu24 latory agenda that lists regulatory activities of the Federal Transit Adminis25 tration. The Secretary shall submit the agenda to the Committees on Public

26 Works and Transportation and Appropriations of the House of Representa27 tives and the Committees on Banking, Housing, and Urban Affairs and Ap28 propriations of the Senate on the day the agenda is published.

29 (2) Except for emergency regulations, the Secretary of Transportation

30 shall give interested parties at least 60 days to participate in a regulatory

31 proceeding under this chapter by submitting written information, views, or

32 arguments, with or without an oral presentation, except when the Secretary

33 for good cause finds that public notice and comment are unnecessary be34 cause of the routine nature or insignificant impact of the regulation or that

35 an emergency regulation should be issued. The Secretary may extend the

36 60-day period if the Secretary decides the period is insufficient to allow dili37 gent individuals to prepare comments or that other circumstances justify an

38 extension.

39 (3) An emergency regulation ends 120 days after it is issued.

40 (4) The Secretary of Transportation shall comply with this section (except

41 subsections (h) and (i)) and sections 5323(a)(2), (c) and (e), 5324(c), and
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1 5325 of this title when proposing or carrying out a regulation governing an

2 activity under this chapter, except for a routine matter or a matter with

3 no significant impact.

4 (c) BUDGET PROGRAM AND SET OF ACCOUNTS.—The Secretary of

5 Transportation shall—

6 (1) submit each year a budget program as provided in section 9103

7 of title 31; and

8 (2) maintain a set of accounts the Comptroller General shall audit

9 under chapter 35 of title 31.

10 (d) DEPOSITORY AND AVAILABILITY OF AMOUNTS.—The Secretary of

11 Transportation shall deposit amounts made available to the Secretary under

12 this chapter in a checking account in the Treasury. Receipts, assets, and

13 amounts obtained or held by the Secretary to carry out this chapter are

14 available for administrative expenses to carry out this chapter.

15 (e) BINDING EFFECT OF FINANCIAL TRANSACTION.—A financial trans16 action of the Secretary of Transportation under this chapter and a related

17 voucher are binding on all officers and employees of the United States Gov18 ernment.

19 (f) DEALING WITH ACQUIRED PROPERTY.—Notwithstanding another law

20 related to the Government acquiring, using, or disposing of real property,

21 the Secretary of Transportation may deal with property acquired under sub22 section (a)(3) or (4) of this section in any way. However, this subsection

23 does not—

24 (1) deprive a State or political subdivision of a State of jurisdiction

25 of the property; or

26 (2) impair the civil rights, under the laws of a State or political sub27 division of a State, of an inhabitant of the property.

28 (g) TRANSFER OF ASSETS NO LONGER NEEDED.—(1) If a recipient of

29 assistance under this chapter decides an asset acquired under this chapter

30 at least in part with that assistance is no longer needed for the purpose

31 for which it was acquired, the Secretary of Transportation may authorize

32 the recipient to transfer the asset to a local governmental authority to be

33 used for a public purpose with no further obligation to the Government. The

34 Secretary may authorize a transfer for a public purpose other than mass

35 transportation only if the Secretary decides—

36 (A) the asset will remain in public use for at least 5 years after the

37 date the asset is transferred;

38 (B) there is no purpose eligible for assistance under this chapter for

39 which the asset should be used;

40 (C) the overall benefit of allowing the transfer is greater than the

41 interest of the Government in liquidation and return of the financial
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1 interest of the Government in the asset, after considering fair market

2 value and other factors; and

3 (D) through an appropriate screening or survey process, that there

4 is no interest in acquiring the asset for Government use if the asset

5 is a facility or land.

6 (2) A decision under paragraph (1) of this section must be in writing and

7 include the reason for the decision.

8 (3) This subsection is in addition to another law related to using and dis9 posing of a facility or equipment under an assistance agreement.

10 (h) TRANSFER OF AMOUNTS AND NON-GOVERNMENT SHARE.—(1)

11 Amounts made available for a mass transportation project under title 23

12 shall be transferred to and administered by the Secretary of Transportation

13 under this chapter. Amounts made available for a highway project under

14 this chapter shall be transferred to and administered by the Secretary under

15 title 23.

16 (2) The provisions of title 23 related to the non-Government share apply

17 to amounts under title 23 used for mass transportation projects. The provi18 sions of this chapter related to the non-Government share apply to amounts

19 under this chapter used for highway projects.

20 (i) AUTHORITY OF SECRETARY OF HOUSING AND URBAN DEVELOP21 MENT.—The Secretary of Housing and Urban Development shall—

22 (1) carry out section 5312(a) and (b)(1) of this title related to—

23 (A) urban transportation systems and planned development of

24 urban areas; and

25 (B) the role of transportation planning in overall urban plan26 ning; and

27 (2) advise and assist the Secretary of Transportation in making find28 ings under section 5323(a)(1)(A) of this title.

29 (j) RELATIONSHIP TO OTHER LAWS.—(1) Section 9107(a) of title 31 ap30 plies to the Secretary of Transportation under this chapter.

31 (2) Section 3709 of the Revised Statutes (41 U.S.C. 5) applies to a con32 tract for more than $1,000 for services or supplies related to property ac33 quired under this chapter.

34 § 5335. Reports and audits

35 (a) REPORTING SYSTEM AND UNIFORM SYSTEM OF ACCOUNTS AND

36 RECORDS.—(1) To help meet the needs of individual mass transportation

37 systems, the United States Government, State and local governments, and

38 the public for information on which to base mass transportation service

39 planning, the Secretary of Transportation shall maintain a reporting sys40 tem, by uniform categories, to accumulate mass transportation financial and

41 operating information and a uniform system of accounts and records. The
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1 reporting and uniform systems shall contain appropriate information to help

2 any level of government make a public sector investment decision. The Sec3 retary may request and receive appropriate information from any source.

4 (2) The Secretary may make a grant under section 5307 of this title only

5 if the applicant, and any person that will receive benefits directly from the

6 grant, are subject to the reporting and uniform systems.

7 (b) QUARTERLY REPORTS.—Not later than 30 days after the last day of

8 each calendar quarter, the Secretary shall submit to the Committees on

9 Public Works and Transportation and Appropriations of the House of Rep10 resentatives and the Committees on Banking, Housing, and Urban Affairs

11 and Appropriations of the Senate a report on—

12 (1) obligations by State, designated recipient, and applicant made

13 under this chapter during the quarter;

14 (2) the balance of unobligated apportionments under this chapter on

15 the last day of the quarter;

16 (3) the balance of unobligated amounts under this chapter on the

17 last day of the quarter that the Secretary may expend;

18 (4) letters of intent issued during the quarter;

19 (5) letters of intent outstanding on the last day of the quarter; and

20 (6) grant contracts executed and reimbursement authority estab21 lished for amounts obligated for each State, designated recipient, and

22 applicant.

23 (c) BIENNIAL NEEDS REPORT.—In January 1993 and in January of

24 every 2d year after 1993, the Comptroller General shall submit to the Com25 mittee on Public Works and Transportation of the House of Representatives

26 and the Committee on Banking, Housing, and Urban Affairs of the Senate

27 a report containing an evaluation of the extent to which current mass trans28 portation needs are addressed adequately and an estimate of the future

29 mass transportation needs of the United States, including mass transpor30 tation needs in rural areas (particularly access to health care facilities). The

31 report shall include—

32 (1) an assessment of needs related to rail modernization, guideway

33 modernization, replacing, rehabilitating, and buying buses and related

34 equipment, constructing bus related facilities, and constructing new

35 fixed guideway systems and extensions to existing fixed guideway sys36 tems;

37 (2) a 5-year projection of maintenance and modernization needs re38 sulting from aging of existing equipment and facilities, including the

39 need to overhaul or replace existing bus fleets and rolling stock used

40 on fixed guideway systems;
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1 (3) a 5-year projection of the need to invest in the expansion of ex2 isting mass transportation systems to meet changing economic, com3 muter, and residential patterns;

4 (4) an estimate of the level of expenditure needed to satisfy the

5 needs identified in clauses (1)–(3) of this paragraph;

6 (5) an examination of existing Government, State, local, and private

7 resources that are or reasonably can be expected to be made available

8 to support public mass transportation; and

9 (6) the gap between the level of expenditure estimated under clause

10 (4) of this paragraph and the level of resources identified under clause

11 (5) of this paragraph that are available to meet the needs.

12 (d) BIENNIAL TRANSFERABILITY REPORT.—In January 1993 and in

13 January of every 2d year after 1993, the Comptroller General shall submit

14 to the Committee on Public Works and Transportation of the House of Rep15 resentatives and the Committee on Banking, Housing, and Urban Affairs

16 of the Senate a report on carrying out section 5307(b)(5) of this title. The

17 report shall—

18 (1) identify, by State, the amount of mass transportation money

19 transferred for non-mass transportation purposes under section

20 5307(b)(5) of this title during the prior fiscal year;

21 (2) include an assessment of the impact of the transfers on the mass

22 transportation needs of individuals and communities in the State, in23 cluding the impact on—

24 (A) the State’s ability to meet the mass transportation needs of

25 elderly individuals and individuals with disabilities;

26 (B) efforts to meet the objectives of the Clean Air Act (42

27 U.S.C. 7401 et seq.) and the Americans With Disabilities Act of

28 1990 (42 U.S.C. 12101 et seq.); and

29 (C) the State’s efforts to extend public mass transportation

30 services to unserved rural areas; and

31 (3) examine the relative levels of Government mass transportation

32 assistance and services in urban and rural areas in the fiscal year that

33 ended September 30, 1991, and the extent to which the assistance and

34 service has changed in later fiscal years because of mass transportation

35 resources made available under this chapter and the Intermodal Sur36 face Transportation Efficiency Act of 1991 (Public Law 102–240, 105

37 Stat. 1914).

38 § 5336. Apportionment of appropriations for block grants

39 (a) BASED ON URBANIZED AREA POPULATION.—Of the amount made

40 available or appropriated under section 5338(f) of this title—
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1 (1) 9.32 percent shall be apportioned each fiscal year only in urban2 ized areas with a population of less than 200,000 so that each of those

3 areas is entitled to receive an amount equal to—

4 (A) 50 percent of the total amount apportioned multiplied by

5 a ratio equal to the population of the area divided by the total

6 population of all urbanized areas with populations of less than

7 200,000 as shown in the latest United States Government census;

8 and

9 (B) 50 percent of the total amount apportioned multiplied by

10 a ratio for the area based on population weighted by a factor, es11 tablished by the Secretary of Transportation, of the number of in12 habitants in each square mile; and

13 (2) 90.68 percent shall be apportioned each fiscal year only in urban14 ized areas with populations of at least 200,000 as provided in sub15 sections (b) and (c) of this section.

16 (b) BASED ON FIXED GUIDEWAY REVENUE VEHICLE-MILES, ROUTE17 MILES, AND PASSENGER-MILES.—(1) In this subsection, ‘‘fixed guideway

18 revenue vehicle-miles’’ and ‘‘fixed guideway route-miles’’ include ferry boat

19 operations directly or under contract by the designated recipient.

20 (2) Of the amount apportioned under subsection (a)(2) of this section,

21 33.29 percent shall be apportioned as follows:

22 (A) 95.61 percent of the total amount apportioned under this sub23 section shall be apportioned so that each urbanized area with a popu24 lation of at least 200,000 is entitled to receive an amount equal to—

25 (i) 60 percent of the 95.61 percent apportioned under this sub26 paragraph multiplied by a ratio equal to the number of fixed

27 guideway revenue vehicle-miles attributable to the area, as estab28 lished by the Secretary of Transportation, divided by the total

29 number of all fixed guideway revenue vehicle-miles attributable to

30 all areas; and

31 (ii) 40 percent of the 95.61 percent apportioned under this sub32 paragraph multiplied by a ratio equal to the number of fixed

33 guideway route-miles attributable to the area, established by the

34 Secretary, divided by the total number of all fixed guideway route35 miles attributable to all areas.

36 (B) 4.39 percent of the total amount apportioned under this sub37 section shall be apportioned so that each urbanized area with a popu38 lation of at least 200,000 is entitled to receive an amount equal to—

39 (i) the number of fixed guideway vehicle passenger-miles trav40 eled multiplied by the number of fixed guideway vehicle passenger-
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1 miles traveled for each dollar of operating cost in an area; divided

2 by

3 (ii) the total number of fixed guideway vehicle passenger-miles

4 traveled multiplied by the total number of fixed guideway vehicle

5 passenger-miles traveled for each dollar of operating cost in all

6 areas.

7 (C) An urbanized area with a population of at least 750,000 in

8 which commuter rail transportation is provided shall receive at least

9 .75 percent of the total amount apportioned under this subsection.

10 (D) Under subparagraph (A) of this paragraph, fixed guideway reve11 nue vehicle- or route-miles, and passengers served on those miles, in

12 an urbanized area with a population of less than 200,000, where the

13 miles and passengers served otherwise would be attributable to an ur14 banized area with a population of at least 1,000,000 in an adjacent

15 State, are attributable to the governmental authority in the State in

16 which the urbanized area with a population of less than 200,000 is lo17 cated. The authority is deemed an urbanized area with a population of

18 at least 200,000 if the authority makes a contract for the service.

19 (E) A recipient’s apportionment under subparagraph (A)(i) of this

20 paragraph may not be reduced if the recipient, after satisfying the Sec21 retary of Transportation that energy or operating efficiencies would be

22 achieved, reduces revenue vehicle-miles but provides the same frequency

23 of revenue service to the same number of riders.

24 (c) BASED ON BUS REVENUE VEHICLE-MILES AND PASSENGER25 MILES.—Of the amount apportioned under subsection (a)(2) of this section,

26 66.71 percent shall be apportioned as follows:

27 (1) 90.8 percent of the total amount apportioned under this sub28 section shall be apportioned as follows:

29 (A) 73.39 percent of the 90.8 percent apportioned under this

30 paragraph shall be apportioned so that each urbanized area with

31 a population of at least 1,000,000 is entitled to receive an amount

32 equal to—

33 (i) 50 percent of the 73.39 percent apportioned under this

34 subparagraph multiplied by a ratio equal to the total bus rev35 enue vehicle-miles operated in or directly serving the urban36 ized area divided by the total bus revenue vehicle-miles attrib37 utable to all areas;

38 (ii) 25 percent of the 73.39 percent apportioned under this

39 subparagraph multiplied by a ratio equal to the population of

40 the area divided by the total population of all areas, as shown

41 by the latest Government census; and
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1 (iii) 25 percent of the 73.39 percent apportioned under this

2 subparagraph multiplied by a ratio for the area based on pop3 ulation weighted by a factor, established by the Secretary of

4 Transportation, of the number of inhabitants in each square

5 mile.

6 (B) 26.61 percent of the 90.8 percent apportioned under this

7 paragraph shall be apportioned so that each urbanized area with

8 a population of at least 200,000 but not more than 999,999 is en9 titled to receive an amount equal to—

10 (i) 50 percent of the 26.61 percent apportioned under this

11 subparagraph multiplied by a ratio equal to the total bus rev12 enue vehicle-miles operated in or directly serving the urban13 ized area divided by the total bus revenue vehicle-miles attrib14 utable to all areas;

15 (ii) 25 percent of the 26.61 percent apportioned under this

16 subparagraph multiplied by a ratio equal to the population of

17 the area divided by the total population of all areas, as shown

18 by the latest Government census; and

19 (iii) 25 percent of the 26.61 percent apportioned under this

20 subparagraph multiplied by a ratio for the area based on pop21 ulation weighted by a factor, established by the Secretary of

22 Transportation, of the number of inhabitants in each square

23 mile.

24 (2) 9.2 percent of the total amount apportioned under this sub25 section shall be apportioned so that each urbanized area with a popu26 lation of at least 200,000 is entitled to receive an amount equal to—

27 (A) the number of bus passenger-miles traveled multiplied by

28 the number of bus passenger-miles traveled for each dollar of oper29 ating cost in an area; divided by

30 (B) the total number of bus passenger-miles traveled multiplied

31 by the total number of bus passenger-miles traveled for each dollar

32 of operating cost in all areas.

33 (d) OPERATING ASSISTANCE.—(1) The total amount apportioned under

34 this section that may be used for operating assistance may not be more

35 than—

36 (A) 80 percent of the total amount apportioned in the fiscal year

37 ending September 30, 1982, under section 5(a)(1)(A), (2)(A), and

38 (3)(A) of the Urban Mass Transportation Act of 1964 to urbanized

39 areas with populations of at least 1,000,000;
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1 (B) 90 percent of the total amount apportioned in that year under

2 section 5(a)(1)(A), (2)(A), and (3)(A) to urbanized areas with popu3 lations of at least 200,000 but not more than 999,999;

4 (C) 95 percent of the total amount apportioned in that year under

5 section 5(a)(1)(A), (2)(A), and (3)(A) to urbanized areas with popu6 lations of less than 200,000; or

7 (D) two-thirds of the total amount apportioned under this section

8 during the first complete year an urbanized area received amounts

9 under this section if the area first became an urbanized area under the

10 1980 Government census or later.

11 (2) Amounts apportioned under paragraph (1) of this subsection shall be

12 increased on October 1 of each year by an amount equal to the amount ap13 plicable to each urbanized area under paragraph (1) (except increases under

14 this paragraph), multiplied by the percentage increase in the Consumer

15 Price Index for all-urban consumers published by the Secretary of Labor

16 during the most recent calendar year. However, the increase may not be

17 more than the percentage increase of amounts made available under section

18 5338(f) of this title in the current fiscal year and amounts made available

19 under section 5338(f) in the prior fiscal year.

20 (e) DATE OF APPORTIONMENT.—The Secretary of Transportation shall—

21 (1) apportion amounts appropriated under section 5338(f) of this

22 title to carry out section 5307 of this title not later than the 10th day

23 after the date the amounts are appropriated or October 1 of the fiscal

24 year for which the amounts are appropriated, whichever is later; and

25 (2) publish apportionments of the amounts, including amounts at26 tributable to each urbanized area with a population of more than

27 50,000 and amounts attributable to each State of a multistate urban28 ized area, on the apportionment date.

29 (f) AMOUNTS NOT APPORTIONED TO DESIGNATED RECIPIENTS.—The

30 chief executive officer of a State may expend in an urbanized area with a

31 population of less than 200,000 an amount apportioned under this section

32 that is not apportioned to a designated recipient as defined in section

33 5307(a) of this title.

34 (g) TRANSFERS OF APPORTIONMENTS.—(1) The chief executive officer of

35 a State may transfer any part of the State’s apportionment under sub36 section (a)(1) of this section to supplement amounts apportioned to the

37 State under section 5311(c) of this title or amounts apportioned to urban38 ized areas under this subsection. The chief executive officer may make a

39 transfer only after consulting with responsible local officials and publicly

40 owned operators of mass transportation in each area for which the amount

41 originally was apportioned under this section.
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1 (2) The chief executive officer of a State may transfer any part of the

2 State’s apportionment under section 5311(c) of this title to supplement

3 amounts apportioned to the State under subsection (a)(1) of this section.

4 (3) The chief executive officer of a State may use throughout the State

5 amounts of a State’s apportionment remaining available for obligation at

6 the beginning of the 90-day period before the period of the availability of

7 the amounts expires.

8 (4) A designated recipient for an urbanized area with a population of at

9 least 200,000 may transfer a part of its apportionment under this section

10 to the chief executive officer of a State. The chief executive officer shall dis11 tribute the transferred amounts to urbanized areas under this section.

12 (5) Capital and operating assistance limitations applicable to the original

13 apportionment apply to amounts transferred under this subsection.

14 (h) CHANGES OF APPORTIONMENTS.—If sufficient amounts are available,

15 the Secretary of Transportation shall change apportionments under this sec16 tion between the Mass Transit Account of the Highway Trust Fund and

17 the general fund to ensure that each recipient receives from the general

18 fund at least as much operating assistance made available each fiscal year

19 under this section as the recipient is eligible to receive.

20 (i) PERIOD OF AVAILABILITY TO RECIPIENTS.—An amount apportioned

21 under this section may be obligated by the recipient for 3 years after the

22 fiscal year in which the amount is apportioned. Not later than 30 days after

23 the end of the 3-year period, an amount that is not obligated at the end

24 of that period shall be added to the amount that may be apportioned under

25 this section in the next fiscal year.

26 (j) APPLICATION OF OTHER SECTIONS.—Sections 5302, 5318,

27 5323(a)(1), (d), and (f), 5332, and 5333 of this title apply to this section

28 and to a grant made under this section. Except as provided in this section,

29 no other provision of this chapter applies to this section or to a grant made

30 under this section.

31 (k) CERTAIN URBANIZED AREAS GRANDFATHERED.—An area designated

32 an urbanized area under the 1980 census and not designated an urbanized

33 area under the 1990 census for the fiscal year ending September 30, 1993,

34 is eligible to receive—

35 (1) 50 percent of the amount the area would have received if the

36 area had been an urbanized area as defined by section 5302(a)(13) of

37 this title; and

38 (2) an amount equal to 50 percent of the amount that the State in

39 which the area is located would have received if the area had been an

40 area other than an urbanized area.
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1 § 5337. Apportionment of appropriations for fixed guideway

2 modernization

3 (a) PERCENTAGE DISTRIBUTION.—The Secretary of Transportation shall

4 apportion amounts made available for fixed guideway modernization under

5 section 5309 of this title for each of the fiscal years ending September 30,

6 1993–1997, as follows:

7 (1) The first $455,000,000 shall be apportioned in the following ur8 banized areas as follows:

9 (A) Baltimore, 1.84 percent.

10 (B) Boston, 8.56 percent.

11 (C) Chicago/Northwestern Indiana, 17.18 percent.

12 (D) Cleveland, 2.09 percent.

13 (E) New York, 35.57 percent.

14 (F) Northeastern New Jersey, 9.04 percent.

15 (G) Philadelphia/Southern New Jersey, 12.41 percent.

16 (H) San Francisco, 7.21 percent.

17 (I) Southwestern Connecticut, 6.10 percent.

18 (2) The next $42,700,000 shall be apportioned in the following ur19 banized areas as follows:

20 (A) New York, 33.2341 percent.

21 (B) Northeastern New Jersey, 22.1842 percent.

22 (C) Philadelphia/Southern New Jersey, 5.7594 percent.

23 (D) San Francisco, 2.7730 percent.

24 (E) Pittsburgh, 31.9964 percent.

25 (F) New Orleans, 4.0529 percent.

26 (3) The next $70,000,000 shall be apportioned as follows:

27 (A) 50 percent in the urbanized areas listed in paragraphs (1)

28 and (2) as provided in section 5336(b)(2)(A) of this title.

29 (B) 50 percent in other urbanized areas eligible for assistance

30 under section 5336(b)(2)(A) of this title if the areas contain fixed

31 guideway systems placed in revenue service at least 7 years before

32 the fiscal year in which amounts are made available and in any

33 other urbanized area if, before the first day of the fiscal year, the

34 area satisfies the Secretary that the area has modernization needs

35 that cannot be met adequately with amounts received as provided

36 in section 5336(b)(2)(A).

37 (4) Remaining amounts shall be apportioned in each urbanized area

38 eligible for assistance under paragraphs (1)–(3) of this subsection as

39 provided in section 5336(B)(2)(A).

40 (b) TOTAL AMOUNTS NOT AVAILABLE.—In a fiscal year in which the

41 total amounts authorized under subsection (a)(1) and (2) of this section are
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1 not available, the Secretary shall reduce on a proportionate basis the appor2 tionments of all urbanized areas eligible under subsection (a)(1) or (2) to

3 adjust for the amount not available.

4 (c) NEW JERSEY TRANSIT CORPORATION.—Rail modernization amounts

5 allocated to the New Jersey Transit Corporation under this section may be

6 spent in any urbanized area in which the New Jersey Transit Corporation

7 operates rail transportation, regardless of which urbanized area generates

8 the financing.

9 (d) AVAILABILITY OF AMOUNTS.—An amount apportioned under this sec10 tion—

11 (1) remains available for 3 years after the fiscal year in which the

12 amount is apportioned; and

13 (2) that is unobligated at the end of the 3-year period shall be

14 reapportioned for the next fiscal year among urbanized areas eligible

15 under subsection (a)(1)–(3) of this section using the apportionment

16 formula of this section.

17 § 5338. Authorizations

18 (a) FOR SECTIONS 5303–5306, 5308, 5310, 5311, 5313, 5314, 5317,

19 5320, 5327, AND 5334 (a) and (c) AND SECTION 103(e)(4) OF TITLE 23.—

20 (1) Not more than the following amounts are available from the Mass Tran21 sit Account of the Highway Trust Fund for the Secretary of Transportation

22 to carry out sections 5303–5306, 5308, 5310, 5311, 5313, 5314, 5317,

23 5320, 5327, and 5334 (a) and (c) of this title:

24 (A) $1,150,000,000 for the fiscal year ending September 30, 1993.

25 (B) $1,190,000,000 for the fiscal year ending September 30, 1994.

26 (C) $1,150,000,000 for the fiscal year ending September 30, 1995.

27 (D) $1,110,000,000 for the fiscal year ending September 30, 1996.

28 (E) $1,920,000,000 for the fiscal year ending September 30, 1997.

29 (2) In addition to amounts made available under paragraph (1) of this

30 subsection, not more than the following amounts may be appropriated to the

31 Secretary to carry out sections 5303–5306, 5308, 5310, 5311, 5313, 5314,

32 5317, 5320, 5327, and 5334 (a) and (c) of this title and substitute transit

33 projects under section 103(e)(4) of title 23:

34 (A) $2,055,000,000 for the fiscal year ending September 30, 1993.

35 (B) $1,885,000,000 for the fiscal year ending September 30, 1994.

36 (C) $1,925,000,000 for the fiscal year ending September 30, 1995.

37 (D) $1,965,000,000 for the fiscal year ending September 30, 1996.

38 (E) $2,430,000,000 for the fiscal year ending September 30, 1997.

39 (b) SECTION 5309.—(1) Not more than the following amounts are avail40 able from the Account for the Secretary to carry out section 5309 of this

41 title:
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1 (A) $1,725,000,000 for the fiscal year ending September 30, 1993.

2 (B) $1,785,000,000 for the fiscal year ending September 30, 1994.

3 (C) $1,725,000,000 for the fiscal year ending September 30, 1995.

4 (D) $1,665,000,000 for the fiscal year ending September 30, 1996.

5 (E) $2,880,000,000 for the fiscal year ending September 30, 1997.

6 (2) In addition to amounts made available under paragraph (1) of this

7 subsection, not more than the following amounts may be appropriated to the

8 Secretary to carry out section 5309 of this title:

9 (A) $305,000,000 for the fiscal year ending September 30, 1993.

10 (B) $265,000,000 for the fiscal year ending September 30, 1994.

11 (C) $325,000,000 for the fiscal year ending September 30, 1995.

12 (D) $385,000,000 for the fiscal year ending September 30, 1996.

13 (E) $20,000,000 for the fiscal year ending September 30, 1997.

14 (c) SECTION 5315.—The Secretary shall make available in equal amounts

15 from amounts provided under subsections (f) and (g) of this section not

16 more than $3,000,000 for each of the fiscal years ending September 30,

17 1993–1997, to carry out section 5315 of this title.

18 (d) SECTION 5316.—Not more than the following amounts may be appro19 priated to the Secretary from the Fund (except the Account) for each of

20 the fiscal years ending September 30, 1993–1997:

21 (1) $250,000 to carry out section 5316(a) of this title.

22 (2) $3,000,000 to carry out section 5316(b) of this title.

23 (3) $1,000,000 to carry out section 5316(c) of this title.

24 (4) $1,000,000 to carry out section 5316(d) of this title.

25 (5) $1,000,000 to carry out section 5316(e) of this title.

26 (e) SECTION 5317.—(1) Not more than $6,000,000 is available from the

27 Fund (except the Account) for the Secretary for each of the fiscal years

28 ending September 30, 1993–1997, to carry out section 5317 of this title.

29 (2) Not more than the following amounts may be appropriated to the Sec30 retary from the Fund (except the Account) for making grants under section

31 5317(b)(5)(B) of this title:

32 (A) $3,000,000 for the fiscal year ending September 30, 1993.

33 (B) $2,500,000 for the fiscal year ending September 30, 1994.

34 (f) SECTION 5307.—Amounts remaining available each fiscal year under

35 subsection (a)(1) of this section, after allocation under subsections (g)–(i)

36 and (j)(4) of this section, are available under section 5307 of this title.

37 (g) PLANNING, PROGRAMMING, AND RESEARCH.—Before apportioning in

38 each fiscal year amounts made available or appropriated under subsection

39 (a) of this section, an amount equal to 3 percent of amounts made available

40 or appropriated under subsections (a) and (b) of this section is available as

41 follows:
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1 (1) 45 percent for metropolitan planning activities under section

2 5303(g) of this title.

3 (2) 5 percent to carry out section 5308(b)(2) of this title.

4 (3) 20 percent to carry out State programs under section 5313 of

5 this title.

6 (4) 30 percent to carry out the national program under section 5314

7 of this title.

8 (h) OTHER SET-ASIDES.—Before apportioning in each fiscal year

9 amounts made available or appropriated under subsection (a) of this section,

10 of amounts made available or appropriated under subsections (a) and (b)

11 of this section—

12 (1) not more than .96 percent is available for administrative ex13 penses to carry out section 5334 (a) and (c)–(f) of this title;

14 (2) not more than 1.34 percent is available for transportation serv15 ices to elderly individuals and individuals with disabilities under the

16 formula under section 5310(a) of this title; and

17 (3) $7,000,000 is available for section 5317 for each of the fiscal

18 years ending September 30, 1993–1997.

19 (i) COMPLETING INTERSTATE TRANSFER TRANSIT PROJECTS.—Of the

20 amounts remaining available each year under subsections (a) and (b) of this

21 section, after allocation under subsections (g) and (h) of this section, not

22 more than $164,843,000 for the fiscal year ending September 30, 1993, is

23 available for substitute transit projects under section 103(e)(4) of title 23.

24 (j) LIMITATIONS.—Of the amounts available—

25 (1) under subsection (a)(2) of this section, 3.5 percent is available

26 to finance programs and activities, including administrative costs,

27 under section 5310 of this title;

28 (2) 1.5 percent of the amounts available to finance research, develop29 ment, and demonstration projects under section 5312(a) of this title is

30 available to increase the information and technology available to pro31 vide improved mass transportation service and facilities planned and

32 designed to meet the special needs of elderly individuals and individuals

33 with disabilities;

34 (3) not more than 12.5 percent is available for grants to any one

35 State under section 5312(c)(2) of this title;

36 (4) 5.5 percent of the amount remaining available each year under

37 subsection (a)(1) of this section, after allocation under subsections (g)–

38 (i) of this section, is available under the formula under section 5311

39 of this title; and

40 (5) under section 5309(m)(1)(C) of this title—
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1 (A) $2,000,000 is available for the fiscal year ending September

2 30, 1993;

3 (B) the lesser of $2,000,000 or an amount the Secretary deter4 mines is necessary for each fiscal year is available for each of the

5 fiscal years ending September 30, 1994–1996; and

6 (C) the lesser of $3,000,000 or an amount the Secretary deter7 mines is necessary is available for the fiscal year ending Septem8 ber 30, 1997.

9 (k) GRANTS AS CONTRACTUAL OBLIGATIONS.—(1) A grant or contract

10 approved by the Secretary, that is financed with amounts made available

11 under subsection (a)(1), (b)(1), (c), or (e) of this section, is a contractual

12 obligation of the United States Government to pay the Government’s share

13 of the cost of the project.

14 (2) A grant or contract, approved by the Secretary, that is financed with

15 amounts made available under subsection (a)(2) or (b)(2) of this section,

16 is a contractual obligation of the Government to pay the Government’s

17 share of the cost of the project only to the extent amounts are provided in

18 advance in an appropriations law.

19 (l) EARLY APPROPRIATIONS AND AVAILABILITY OF AMOUNTS.—(1)

20 Amounts appropriated under subsection (a)(2) of this section to carry out

21 section 5311 of this title may be appropriated in the fiscal year before the

22 fiscal year in which the appropriation is available for obligation.

23 (2) Amounts made available or appropriated under subsections (a), (b),

24 (g), (h)(1) and (2), and (j)(4) of this section remain available until ex25 pended.

26 (3) An amount apportioned under section 5308 of this title—

27 (A) remains available for 3 years after the fiscal year in which the

28 amount is apportioned; and

29 (B) that is unobligated at the end of the 3-year period shall be added

30 to the amount available for apportionment for the next fiscal year not

31 later than 30 days after the end of the 3-year period.

32 CHAPTER 55—INTERMODAL TRANSPORTATION

SUBCHAPTER I—GENERAL

Sec.

5501. National Intermodal Transportation System policy.

5502. Intermodal Transportation Advisory Board.

5503. Office of Intermodalism.

5504. Model intermodal transportation plans.

SUBCHAPTER II—TERMINALS

5561. Definition.

5562. Assistance projects.

5563. Conversion of certain rail passenger terminals.

5564. Interim preservation of certain rail passenger terminals.

5565. Encouraging the development of plans for converting certain rail passenger terminals.

5566. Records and audits.
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5567. Preference for preserving buildings of historic or architectural significance.

5568. Authorization of appropriations.

1 SUBCHAPTER I—GENERAL

2 § 5501. National Intermodal Transportation System policy

3 (a) GENERAL.—It is the policy of the United States Government to de4 velop a National Intermodal Transportation System that is economically ef5 ficient and environmentally sound, provides the foundation for the United

6 States to compete in the global economy, and will move individuals and

7 property in an energy efficient way.

8 (b) SYSTEM CHARACTERISTICS.—(1) The National Intermodal Transpor9 tation System shall consist of all forms of transportation in a unified, inter10 connected manner, including the transportation systems of the future, to re11 duce energy consumption and air pollution while promoting economic devel12 opment and supporting the United States’ preeminent position in inter13 national commerce.

14 (2) The National Intermodal Transportation System shall include a Na15 tional Highway System consisting of the Dwight D. Eisenhower System of

16 Interstate and Defense Highways and those principal arterial roads that are

17 essential for interstate and regional commerce and travel, national defense,

18 intermodal transfer facilities, and international commerce and border cross19 ings.

20 (3) The National Intermodal Transportation System shall include signifi21 cant improvements in public transportation necessary to achieve national

22 goals for improved air quality, energy conservation, international competi23 tiveness, and mobility for elderly individuals, individuals with disabilities,

24 and economically disadvantaged individuals in urban and rural areas of the

25 United States.

26 (4) The National Intermodal Transportation System shall provide im27 proved access to ports and airports, the Nation’s link to commerce.

28 (5) The National Intermodal Transportation System shall give special

29 emphasis to the contributions of the transportation sectors to increased pro30 ductivity growth. Social benefits must be considered with particular atten31 tion to the external benefits of reduced air pollution, reduced traffic conges32 tion, and other aspects of the quality of life in the United States.

33 (6) The National Intermodal Transportation System must be operated

34 and maintained with insistent attention to the concepts of innovation, com35 petition, energy efficiency, productivity, growth, and accountability. Prac36 tices that resulted in the lengthy and overly costly construction of the

37 Dwight D. Eisenhower System of Interstate and Defense Highways must

38 be confronted and stopped.
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1 (7) The National Intermodal Transportation System shall be adapted to

2 ‘‘intelligent vehicles’’, ‘‘magnetic levitation systems’’, and other new tech3 nologies, wherever feasible and economical, with benefit cost estimates given

4 special emphasis on safety considerations and techniques for cost allocation.

5 (8) When appropriate, the National Intermodal Transportation System

6 will be financed, as regards Government apportionments and reimburse7 ments, by the Highway Trust Fund. Financial assistance will be provided

8 to State and local governments and their instrumentalities to help carry out

9 national goals related to mobility for elderly individuals, individuals with dis10 abilities, and economically disadvantaged individuals.

11 (9) The National Intermodal Transportation System must be the center12 piece of a national investment commitment to create the new wealth of the

13 United States for the 21st century.

14 (c) DISTRIBUTION AND POSTING.—The Secretary of Transportation shall

15 distribute copies of the policy in subsections (a) and (b) of this section to

16 each employee of the Department of Transportation and ensure that the

17 policy is posted in all offices of the Department.

18 § 5502. Intermodal Transportation Advisory Board

19 (a) ORGANIZATION.—The Intermodal Transportation Advisory Board is a

20 board in the Office of the Secretary of Transportation.

21 (b) MEMBERSHIP.—The Board consists of the Secretary, who serves as

22 chairman, and the Administrator, or the Administrator’s designee, of—

23 (1) the Federal Highway Administration;

24 (2) the Federal Aviation Administration;

25 (3) the Maritime Administration;

26 (4) the Federal Railroad Administration; and

27 (5) the Federal Transit Administration.

28 (c) DUTIES AND POWERS.—The Board shall provide recommendations for

29 carrying out the duties of the Secretary described in section 301(3) of this

30 title.

31 § 5503. Office of Intermodalism

32 (a) ESTABLISHMENT.—The Secretary of Transportation shall establish in

33 the Office of the Secretary an Office of Intermodalism.

34 (b) DIRECTOR.—The head of the Office is a Director who shall be ap35 pointed by the Secretary.

36 (c) DUTIES AND POWERS.—The Director shall carry out the duties of the

37 Secretary described in section 301(3) of this title.

38 (d) INTERMODAL TRANSPORTATION DATA BASE.—(1) The Director shall

39 develop, maintain, and disseminate intermodal transportation data through

40 the Bureau of Transportation Statistics. The Director shall coordinate the
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1 collection of data for the data base with the States and metropolitan plan2 ning organizations. The data base shall include information on—

3 (A) the volume of property and number of individuals carried in

4 intermodal transportation by relevant classification;

5 (B) patterns of movement of property and individuals in intermodal

6 transportation by relevant classification by origin and destination; and

7 (C) public and private investment in intermodal transportation facili8 ties and services.

9 (2) The Director shall make information from the data base available to

10 the public.

11 (e) RESEARCH.—The Director shall—

12 (1) coordinate United States Government research on intermodal

13 transportation as provided in the plan developed under section 6009(b)

14 of the Intermodal Surface Transportation Efficiency Act of 1991 (Pub15 lic Law 102–240, 105 Stat. 2177); and

16 (2) carry out additional research needs identified by the Director.

17 (f) TECHNICAL ASSISTANCE.—The Director shall provide technical assist18 ance to States and to metropolitan planning organizations for urban areas

19 having a population of at least 1,000,000 in collecting data related to inter20 modal transportation to facilitate the collection of the data by States and

21 metropolitan planning organizations.

22 (g) ADMINISTRATIVE AND CLERICAL SUPPORT.—The Director shall pro23 vide administrative and clerical support to the Intermodal Transportation

24 Advisory Board.

25 § 5504. Model intermodal transportation plans

26 (a) GRANTS.—The Secretary of Transportation shall make grants to

27 States to develop model State intermodal transportation plans that are con28 sistent with the policy set forth in section 302(e) of this title. The model

29 plans shall include systems for collecting data related to intermodal trans30 portation.

31 (b) DISTRIBUTION.—The Secretary shall award grants to States under

32 this section that represent a variety of geographic regions and transpor33 tation needs, patterns, and modes.

34 (c) PLAN SUBMISSION.—As a condition to a State receiving a grant

35 under this section, the Secretary shall require that the State provide assur36 ances that the State will submit to the Secretary a State intermodal trans37 portation plan not later than 18 months after the date of receipt of the

38 grant.

39 (d) GRANT AMOUNTS.—The Secretary shall reserve, from amounts de40 ducted under section 104(a) of title 23, $3,000,000 to make grants under
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1 this section. The total amount that a State may receive in grants under this

2 section may not be more than $500,000.

3 SUBCHAPTER II—TERMINALS

4 § 5561. Definition

5 In this chapter, ‘‘civic and cultural activities’’ includes libraries, musical

6 and dramatic presentations, art exhibits, adult education programs, public

7 meeting places, and other facilities for carrying on an activity any part of

8 which is supported under a law of the United States.

9 § 5562. Assistance projects

10 (a) REQUIREMENTS TO PROVIDE ASSISTANCE.—The Secretary of Trans11 portation shall provide financial, technical, and advisory assistance under

12 this chapter to—

13 (1) promote, on a feasibility demonstration basis, the conversion of

14 at least 3 rail passenger terminals into intermodal transportation ter15 minals;

16 (2) preserve rail passenger terminals that reasonably are likely to be

17 converted or maintained pending preparation of plans for their reuse;

18 (3) acquire and use space in suitable buildings of historic or architec19 tural significance but only if use of the space is feasible and prudent

20 when compared to available alternatives; and

21 (4) encourage State and local governments, local and regional trans22 portation authorities, common carriers, philanthropic organizations,

23 and other responsible persons to develop plans to convert rail passenger

24 terminals into intermodal transportation terminals and civic and cul25 tural activity centers.

26 (b) EFFECT ON ELIGIBILITY.—This chapter does not affect the eligibility

27 of any rail passenger terminal for preservation or reuse assistance under an28 other program or law.

29 (c) ACQUIRING SPACE.—The Secretary may acquire space under sub30 section (a)(3) of this section only after consulting with the Advisory Council

31 on Historic Preservation and the Chairman of the National Endowment for

32 the Arts.

33 § 5563. Conversion of certain rail passenger terminals

34 (a) AUTHORITY TO PROVIDE ASSISTANCE.—The Secretary of Transpor35 tation may provide financial assistance to convert a rail passenger terminal

36 to an intermodal transportation terminal under section 5562(a)(1) of this

37 title only if—

38 (1) the terminal can be converted to accommodate other modes of

39 transportation the Secretary of Transportation decides are appropriate,

40 including—

41 (A) motorbus transportation;
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1 (B) mass transit (rail or rubber tire); and

2 (C) airline ticket offices and passenger terminals providing di3 rect transportation to area airports;

4 (2) the terminal is listed on the National Register of Historic Places

5 maintained by the Secretary of the Interior;

6 (3) the architectural integrity of the terminal will be preserved;

7 (4) to the extent practicable, the use of the terminal facilities for

8 transportation may be combined with use of those facilities for other

9 civic and cultural activities, especially when another activity is rec10 ommended by—

11 (A) the Advisory Council on Historic Preservation;

12 (B) the Chairman of the National Endowment for the Arts; or

13 (C) consultants retained under subsection (b) of this section;

14 and

15 (5) the terminal and the conversion project meet other criteria pre16 scribed by the Secretary of Transportation after consultation with the

17 Council and Chairman.

18 (b) ARCHITECTURAL INTEGRITY.—The Secretary of Transportation must

19 employ consultants on whether the architectural integrity of the rail pas20 senger terminal will be preserved under subsection (a)(3) of this section.

21 The Secretary may decide that the architectural integrity will be preserved

22 only if the consultants concur. The Council and Chairman shall recommend

23 consultants to be employed by the Secretary. The consultants also may

24 make recommendations referred to in subsection (a)(4) of this section.

25 (c) GOVERNMENT’S SHARE OF COSTS.—The Secretary of Transportation

26 may not make a grant under this section for more than 80 percent of the

27 total cost of converting a rail passenger terminal into an intermodal trans28 portation terminal.

29 § 5564. Interim preservation of certain rail passenger termi30 nals

31 (a) GENERAL GRANT AUTHORITY.—Subject to subsection (b) of this sec32 tion, the Secretary of Transportation may make a grant of financial assist33 ance to a responsible person (including a governmental authority) to pre34 serve a rail passenger terminal under section 5562(a)(2) of this title. To

35 receive assistance under this section, the person must be qualified, prepared,

36 committed, and authorized by law to maintain (and prevent the demolition,

37 dismantling, or further deterioration of) the terminal until plans for its

38 reuse are prepared.

39 (b) GRANT REQUIREMENTS.—The Secretary of Transportation may make

40 a grant of financial assistance under this section only if—
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1 (1) the Secretary decides the rail passenger terminal has a reason2 able likelihood of being converted to, or conditioned for reuse as, an

3 intermodal transportation terminal, a civic or cultural activities center,

4 or both; and

5 (2) planning activity directed toward conversion or reuse has begun

6 and is proceeding in a competent way.

7 (c) MAXIMIZING PRESERVATION OF TERMINALS.—(1) Amounts appro8 priated to carry out this section and section 5562(a)(2) of this title shall

9 be expended in the way most likely to maximize the preservation of rail pas10 senger terminals that are—

11 (A) reasonably capable of conversion to intermodal transportation

12 terminals;

13 (B) listed in the National Register of Historic Places maintained by

14 the Secretary of the Interior; or

15 (C) recommended (on the basis of architectural integrity and quality)

16 by the Advisory Council on Historic Preservation or the Chairman of

17 the National Endowment for the Arts.

18 (2) The Secretary of Transportation may not make a grant under this

19 section for more than 80 percent of the total cost of maintaining the termi20 nal for an interim period of not more than 5 years.

21 § 5565. Encouraging the development of plans for convert22 ing rail passenger terminals

23 (a) GENERAL GRANT AUTHORITY.—The Secretary of Transportation may

24 make a grant of financial assistance to a qualified person (including a gov25 ernmental authority) to encourage the development of plans for converting

26 a rail passenger terminal under section 5562(a)(4) of this title. To receive

27 assistance under this section, the person must—

28 (1) be prepared to develop practicable plans that meet zoning, land

29 use, and other requirements of the applicable State and local jurisdic30 tions in which the terminal is located;

31 (2) incorporate into the designs and plans proposed for converting

32 the terminal, features that reasonably appear likely to attract private

33 investors willing to carry out the planned conversion and its subsequent

34 maintenance and operation; and

35 (3) complete the designs and plans for the conversion within the pe36 riod of time prescribed by the Secretary.

37 (b) PREFERENCE.—In making a grant under this section, the Secretary

38 of Transportation shall give preferential consideration to an applicant whose

39 completed designs and plans will be carried out within 3 years after their

40 completion.
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1 (c) MAXIMIZING CONVERSION AND CONTINUED PUBLIC USE.—(1)

2 Amounts appropriated to carry out this section and section 5562(a)(4) of

3 this title shall be expended in the way most likely to maximize the conver4 sion and continued public use of rail passenger terminals that are—

5 (A) listed in the National Register of Historic Places maintained by

6 the Secretary of the Interior; or

7 (B) recommended (on the basis of architectural integrity and qual8 ity) by the Advisory Council on Historic Preservation or the Chairman

9 of the National Endowment for the Arts.

10 (2) The Secretary of Transportation may not make a grant under this

11 section for more than 80 percent of the total cost of the project for which

12 the financial assistance is provided.

13 § 5566. Records and audits

14 (a) RECORD REQUIREMENTS.—Each recipient of financial assistance

15 under this chapter shall keep records required by the Secretary of Transpor16 tation. The records shall disclose—

17 (1) the amount, and disposition by the recipient, of the proceeds of

18 the assistance;

19 (2) the total cost of the project for which the assistance was given

20 or used;

21 (3) the amount of that part of the cost of the project supplied by

22 other sources; and

23 (4) any other records that will make an effective audit easier.

24 (b) AUDITS AND INSPECTIONS.—For 3 years after a project is completed,

25 the Secretary and the Comptroller General may audit and inspect records

26 of a recipient that the Secretary or Comptroller General decides may be re27 lated or pertinent to the financial assistance.

28 § 5567. Preference for preserving buildings of historic or ar29 chitectural significance

30 Amtrak shall give preference to the use of rail passenger terminal facili31 ties that will preserve buildings of historic or architectural significance.

32 § 5568. Authorization of appropriations

33 (a) GENERAL.—The following amounts may be appropriated to the Sec34 retary of Transportation:

35 (1) not more than $15,000,000 to carry out section 5562(a) (1) and

36 (3) of this title.

37 (2) not more than $2,500,000 to carry out section 5562(a)(2) of this

38 title.

39 (3) not more than $2,500,000 to carry out section 5562(a)(4) of this

40 title.
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1 (b) AVAILABILITY OF AMOUNTS.—Amounts appropriated to carry out this

2 chapter remain available until expended.

3 CHAPTER 57—SANITARY FOOD TRANSPORTATION

Sec.

5701. Findings.

5702. Definitions.

5703. General regulation.

5704. Tank trucks, rail tank cars, and cargo tanks.

5705. Motor and rail transportation of nonfood products.

5706. Dedicated vehicles.

5707. Waiver authority.

5708. Food transportation inspections.

5709. Consultation.

5710. Administrative.

5711. Enforcement and penalties.

5712. Relationship to other laws.

5713. Application of sections 5711 and 5712.

5714. Coordination procedures.

4 § 5701. Findings

5 Congress finds that—

6 (1) the United States public is entitled to receive food and other

7 consumer products that are not made unsafe because of certain trans8 portation practices;

9 (2) the United States public is threatened by the transportation of

10 products potentially harmful to consumers in motor vehicles and rail

11 vehicles that are used to transport food and other consumer products;

12 and

13 (3) the risks to consumers by those transportation practices are un14 necessary and those practices must be ended.

15 § 5702. Definitions

16 In this chapter—

17 (1) ‘‘cosmetic’’, ‘‘device’’, ‘‘drug’’, ‘‘food’’, and ‘‘food additive’’ have

18 the same meanings given those terms in section 201 of the Federal

19 Food, Drug, and Cosmetic Act (21 U.S.C. 321).

20 (2) ‘‘nonfood product’’ means (individually or by class) a material,

21 substance, or product that is not a cosmetic, device, drug, food, or food

22 additive, or is deemed a nonfood product under section 5703(a)(2) of

23 this title, including refuse and solid waste (as defined in section 1004

24 of the Solid Waste Disposal Act (42 U.S.C. 6903)).

25 (3) ‘‘refuse’’ means discarded material that is, or is required by law,

26 to be transported to or disposed of in a landfill or incinerator.

27 (4) ‘‘State’’ means a State of the United States, the District of Co28 lumbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands,

29 American Samoa, Guam, and any other territory or possession of the

30 United States.
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1 (5) ‘‘transports’’ and ‘‘transportation’’ mean any movement of prop2 erty in commerce (including intrastate commerce) by motor vehicle or

3 rail vehicle.

4 (6) ‘‘United States’’ means all of the States.

5 § 5703. General regulation

6 (a) GENERAL REQUIREMENTS.—(1) Not later than July 31, 1991, the

7 Secretary of Transportation, after consultation required by section 5709 of

8 this title, shall prescribe regulations on the transportation of cosmetics, de9 vices, drugs, food, and food additives in motor vehicles and rail vehicles that

10 are used to transport nonfood products that would make the cosmetics, de11 vices, drugs, food, or food additives unsafe to humans or animals.

12 (2) The Secretary shall deem a cosmetic, device, or drug to be a nonfood

13 product if—

14 (A) the cosmetic, device, or drug is transported in a motor vehicle

15 or rail vehicle before, or at the same time as, a food or food additive;

16 and

17 (B) transportation of the cosmetic, device, or drug would make the

18 food or food additive unsafe to humans or animals.

19 (b) SPECIAL REQUIREMENTS.—In prescribing regulations under sub20 section (a)(1) of this section, the Secretary, after consultation required by

21 section 5709 of this title, shall establish requirements for appropriate—

22 (1) recordkeeping, identification, marking, certification, or other

23 means of verification to comply with sections 5704–5706 of this title;

24 (2) decontamination, removal, disposal, and isolation to comply with

25 regulations carrying out sections 5704 and 5705 of this title; and

26 (3) material for the construction of tank trucks, rail tank cars, cargo

27 tanks, and accessory equipment to comply with regulations carrying out

28 section 5704 of this title.

29 (c) CONSIDERATIONS AND ADDITIONAL REQUIREMENTS.—In prescribing

30 regulations under subsection (a)(1) of this section, the Secretary, after con31 sultation required by section 5709 of this title, shall consider, and may es32 tablish requirements related to, each of the following:

33 (1) the extent to which packaging or similar means of protecting and

34 isolating commodities are adequate to eliminate or ameliorate the po35 tential risks of transporting cosmetics, devices, drugs, food, or food ad36 ditives in motor vehicles or rail vehicles used to transport nonfood

37 products.

38 (2) appropriate compliance and enforcement measures to carry out

39 this chapter.

40 (3) appropriate minimum insurance or other liability requirements

41 for a person to whom this chapter applies.
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1 (d) PACKAGES MEETING PACKAGING STANDARDS.—If the Secretary finds

2 packaging standards to be adequate, regulations under subsection (a)(1) of

3 this section may not apply to cosmetics, devices, drugs, food, food additives,

4 or nonfood products packaged in packages that meet the standards.

5 § 5704. Tank trucks, rail tank cars, and cargo tanks

6 (a) PROHIBITIONS.—The regulations prescribed under section 5703(a)(1)

7 of this title shall include provisions prohibiting a person from—

8 (1) using, offering for use, or arranging for the use of a tank truck,

9 rail tank car, or cargo tank used in motor vehicle or rail transportation

10 of cosmetics, devices, drugs, food, or food additives if the tank truck,

11 rail tank car, or cargo tank is used to transport a nonfood product,

12 except a nonfood product included in a list published under subsection

13 (b) of this section;

14 (2) using, offering for use, or arranging for the use of a tank truck

15 or cargo tank to provide motor vehicle transportation of cosmetics, de16 vices, drugs, food, food additives, or nonfood products included in the

17 list published under subsection (b) of this section unless the tank truck

18 or cargo tank is identified, by a permanent marking on the tank truck

19 or cargo tank, as transporting only cosmetics, devices, drugs, food, food

20 additives, or nonfood products included in the list;

21 (3) using, offering for use, or arranging for the use of a tank truck

22 or cargo tank to provide motor vehicle transportation of a nonfood

23 product that is not included in the list published under subsection (b)

24 of this section if the tank truck or cargo tank is identified, as provided

25 in clause (2) of this subsection, as a tank truck or cargo tank trans26 porting only cosmetics, devices, drugs, food, food additives, or nonfood

27 products included in the list; or

28 (4) receiving, except for lawful disposal purposes, any cosmetic, de29 vice, drug, food, food additive, or nonfood product that has been trans30 ported in a tank truck or cargo tank in violation of clause (2) or (3)

31 of this subsection.

32 (b) LIST OF NONFOOD PRODUCTS NOT UNSAFE.—After consultation re33 quired by section 5709 of this title, the Secretary of Transportation shall

34 publish in the Federal Register a list of nonfood products the Secretary de35 cides do not make cosmetics, devices, drugs, food, or food additives unsafe

36 to humans or animals because of transportation of the nonfood products in

37 a tank truck, rail tank car, or cargo tank used to transport cosmetics, de38 vices, drugs, food, or food additives. The Secretary may amend the list peri39 odically by publication in the Federal Register.

40 (c) DISCLOSURE.—A person that arranges for the use of a tank truck or

41 cargo tank used in motor vehicle transportation for the transportation of
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1 a cosmetic, device, drug, food, food additive, or nonfood product shall dis2 close to the motor carrier or other appropriate person if the cosmetic, de3 vice, drug, food, food additive, or nonfood product being transported is to

4 be used—

5 (1) as, or in the preparation of, a food or food additive; or

6 (2) as a nonfood product included in the list published under sub7 section (b) of this section.

8 § 5705. Motor and rail transportation of nonfood products

9 (a) PROHIBITIONS.—The regulations prescribed under section 5703(a)(1)

10 of this title shall include provisions prohibiting a person from using, offering

11 for use, or arranging for the use of a motor vehicle or rail vehicle (except

12 a tank truck, rail tank car, or cargo tank described in section 5704 of this

13 title) to transport cosmetics, devices, drugs, food, or food additives if the

14 vehicle is used to transport nonfood products included in a list published

15 under subsection (b) of this section.

16 (b) LIST OF UNSAFE NONFOOD PRODUCTS.—(1) After consultation re17 quired by section 5709 of this title, the Secretary of Transportation shall

18 publish in the Federal Register a list of nonfood products the Secretary de19 cides would make cosmetics, devices, drugs, food, or food additives unsafe

20 to humans or animals because of transportation of the nonfood products in

21 a motor vehicle or rail vehicle used to transport cosmetics, devices, drugs,

22 food, or food additives. The Secretary may amend the list periodically by

23 publication in the Federal Register.

24 (2) The list published under paragraph (1) of this subsection may not

25 include cardboard, pallets, beverage containers, and other food packaging

26 except to the extent the Secretary decides that the transportation of card27 board, pallets, beverage containers, or other food packaging in a motor vehi28 cle or rail vehicle used to transport cosmetics, devices, drugs, food, or food

29 additives would make the cosmetics, devices, drugs, food, or food additives

30 unsafe to humans or animals.

31 § 5706. Dedicated vehicles

32 (a) PROHIBITIONS.—The regulations prescribed under section 5703(a)(1)

33 of this title shall include provisions prohibiting a person from using, offering

34 for use, or arranging for the use of a motor vehicle or rail vehicle to trans35 port asbestos, in forms or quantities the Secretary of Transportation decides

36 are necessary, or products that present an extreme danger to humans or

37 animals, despite any decontamination, removal, disposal, packaging, or other

38 isolation procedures, unless the motor vehicle or rail vehicle is used only to

39 transport one or more of the following: asbestos, those extremely dangerous

40 products, or refuse.
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1 (b) LIST OF APPLICABLE PRODUCTS.—After consultation required by

2 section 5709 of this title, the Secretary shall publish in the Federal Register

3 a list of the products to which this section applies. The Secretary may

4 amend the list periodically by publication in the Federal Register.

5 § 5707. Waiver authority

6 (a) GENERAL AUTHORITY.—After consultation required by section 5709

7 of this title, the Secretary of Transportation may waive any part of this

8 chapter or regulations prescribed under this chapter for a class of persons,

9 motor vehicles, rail vehicles, cosmetics, devices, drugs, food, food additives,

10 or nonfood products, if the Secretary decides that the waiver—

11 (1) would not result in the transportation of cosmetics, devices,

12 drugs, food, or food additives that would be unsafe to humans or ani13 mals; and

14 (2) would not be contrary to the public interest and this chapter.

15 (b) PUBLICATION OF WAIVERS.—The Secretary shall publish in the Fed16 eral Register any waiver and the reasons for the waiver.

17 § 5708. Food transportation inspections

18 (a) GENERAL AUTHORITY.—For commercial motor vehicles, the Secretary

19 of Transportation may carry out this chapter and assist in carrying out

20 compatible State laws and regulations through means that include inspec21 tions conducted by State employees that are paid for with money authorized

22 under section 31104 of this title, if the recipient State agrees to assist in

23 the enforcement of this chapter or is enforcing compatible State laws and

24 regulations.

25 (b) PROVIDING ASSISTANCE.—On the request of the Secretary of Trans26 portation, the Secretaries of Agriculture and Health and Human Services,

27 the Administrator of the Environmental Protection Agency, and the heads

28 of other appropriate departments, agencies, and instrumentalities of the

29 United States Government shall provide assistance, to the extent available,

30 to the Secretary of Transportation to carry out this chapter, including as31 sistance in the training of personnel under a program established under sub32 section (c) of this section.

33 (c) TRAINING PROGRAM.—After consultation required by section 5709 of

34 this title and consultation with the heads of appropriate State transpor35 tation and food safety authorities, the Secretary of Transportation shall de36 velop and carry out a training program for inspectors to conduct vigorous

37 enforcement of this chapter and regulations prescribed under this chapter

38 or compatible State laws and regulations. As part of the training program,

39 the inspectors, including State inspectors or personnel paid with money au40 thorized under section 31104 of this title, shall be trained in the recognition

41 of adulteration problems associated with the transportation of cosmetics, de-
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1 vices, drugs, food, and food additives and in the procedures for obtaining

2 assistance of the appropriate departments, agencies, and instrumentalities

3 of the Government and State authorities to support the enforcement.

4 § 5709. Consultation

5 As provided by sections 5703–5708 of this title, the Secretary of Trans6 portation shall consult with the Secretaries of Agriculture and Health and

7 Human Services and the Administrator of the Environmental Protection

8 Agency.

9 § 5710. Administrative

10 The Secretary of Transportation has the same duties and powers in regu11 lating transportation under this chapter as the Secretary has under section

12 5121(a)–(c) (except subsection (c)(1)(A)) of this title in regulating trans13 portation under chapter 51 of this title.

14 § 5711. Enforcement and penalties

15 (a) ACTIONS.—The Secretary of Transportation shall request that a civil

16 action be brought and take action to eliminate or ameliorate an imminent

17 hazard related to a violation of a regulation prescribed or order issued under

18 this chapter in the same way and to the same extent as authorized by sec19 tion 5122 of this title.

20 (b) APPLICABLE PENALTIES AND PROCEDURES.—The penalties and pro21 cedures in sections 5123 and 5124 of this title apply to a violation of a reg22 ulation prescribed or order issued under this chapter.

23 § 5712. Relationship to other laws

24 Section 5125 of this title applies to the relationship between this chapter

25 and a requirement of a State, a political subdivision of a State, or an Indian

26 tribe.

27 § 5713. Application of sections 5711 and 5712

28 Sections 5711 and 5712 of this title apply only to transportation occur29 ring on or after the date that regulations prescribed under section

30 5703(a)(1) of this title are effective.

31 § 5714. Coordination procedures

32 Not later than November 3, 1991, the Secretary of Transportation, after

33 consultation with appropriate State officials, shall establish procedures to

34 promote more effective coordination between the departments, agencies, and

35 instrumentalities of the United States Government and State authorities

36 with regulatory authority over motor carrier safety and railroad safety in

37 carrying out and enforcing this chapter.

38 CHAPTER 59—INTERMODAL SAFE CONTAINER

39 TRANSPORTATION

Sec.

5901. Definitions.
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5902. Notifications and certifications.

5903. Prohibitions.

5904. State enforcement.

5905. Liens.

5906. Perishable agricultural commodities.

5907. Regulations and effective date.

1 § 5901. Definitions

2 In this chapter—

3 (1) the definitions in section 10102 of this title apply.

4 (2) ‘‘beneficial owner’’ means a person not having title to property

5 but having ownership rights in the property, including a trustee of

6 property in transit from an overseas place of origin that is domiciled

7 or doing business in the United States, except that a carrier, agent of

8 a carrier, broker, customs broker, freight forwarder, warehouser, or ter9 minal operator is not a beneficial owner only because of providing or

10 arranging for any part of the intermodal transportation of property.

11 (3) ‘‘carrier’’ means—

12 (A) a motor carrier, water carrier, and rail carrier providing

13 transportation of property in commerce; and

14 (B) an ocean common carrier (as defined in section 3 of the

15 Shipping Act of 1984 (46 App. U.S.C. 1702)) providing transpor16 tation of property in commerce.

17 (4) ‘‘container’’ has the meaning given the term ‘‘freight container’’

18 by the International Standards Organization in Series 1, Freight Con19 tainers, 3d Edition (reference number ISO668–1979(E)), including

20 successive revisions, and similar containers that are used in providing

21 transportation in interstate commerce.

22 (5) ‘‘first carrier’’ means the first carrier transporting a loaded con23 tainer or trailer in intermodal transportation.

24 (6) ‘‘intermodal transportation’’ means the successive transportation

25 of a loaded container or trailer from its place of origin to its place of

26 destination by more than one mode of transportation in interstate or

27 foreign commerce, whether under a single bill of lading or under sepa28 rate bills of lading.

29 (7) ‘‘trailer’’ means a nonpower, property-carrying, trailing unit that

30 is designed for use in combination with a truck tractor.

31 § 5902. Notifications and certifications

32 (a) PRIOR NOTIFICATION.—Before a person tenders to a first carrier for

33 intermodal transportation a loaded container or trailer having a projected

34 gross cargo weight of more than 10,000 pounds (including packing material

35 and pallets), the person shall give the carrier a written notification of the

36 gross cargo weight and a reasonable description of the contents of the con37 tainer or trailer. The notification may be transmitted electronically.
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1 (b) CERTIFICATION.—Not later than when a person tenders to a first car2 rier for intermodal transportation a container or trailer to which subsection

3 (a) of this section applies or a loaded container or trailer having an actual

4 gross cargo weight of more than 10,000 pounds (including packing material

5 and pallets), the person shall certify to the carrier in writing the actual

6 gross cargo weight and a reasonable description of the contents of the con7 tainer or trailer.

8 (c) FORWARDING CERTIFICATIONS TO SUBSEQUENT CARRIERS.—A car9 rier, agent of a carrier, broker, customs broker, freight forwarder,

10 warehouser, or terminal operator shall forward the certification provided

11 under subsection (b) of this section to a subsequent carrier transporting the

12 container or trailer in intermodal transportation. The act of forwarding the

13 certification may not be construed as a verification or affirmation of the ac14 curacy or completeness of the information in the certification.

15 (d) NONAPPLICATION.—(1) Subsections (a) and (b) of this section and

16 section 5903(c) of this title do not apply to a carrier when the carrier is

17 transferring a loaded container or trailer to another carrier during inter18 modal transportation, unless the carrier is also the person tendering the

19 loaded container or trailer to the first carrier.

20 (2) A carrier, agent of a carrier, broker, customs broker, freight for21 warder, warehouser, or terminal operator is deemed not to be a person ten22 dering a loaded container or trailer to a first carrier under this section, un23 less the carrier, agent, broker, customs broker, freight forwarder,

24 warehouser, or terminal operator assumes legal responsibility for loading

25 property into the container or trailer.

26 § 5903. Prohibitions

27 (a) PROVIDING ERRONEOUS INFORMATION.—A person tendering a loaded

28 container or trailer may not provide erroneous information in a certification

29 required by section 5902(b) of this title.

30 (b) TRANSPORTING PRIOR TO RECEIVING CERTIFICATION.—A motor car31 rier may not transport a loaded container or trailer to which section

32 5902(b) of this title applies before receiving the certification required by

33 section 5902(b).

34 (c) UNLAWFUL COERCION.—(1) A person may not coerce or attempt to

35 coerce a person participating in intermodal transportation to transport a

36 loaded container or trailer having an actual gross cargo weight of more than

37 10,000 pounds (including packing materials and pallets) before the certifi38 cation required by section 5902(b) of this title is provided.

39 (2) A person, knowing that the weight of a loaded container or trailer

40 or the weight of a tractor-trailer combination carrying the container or trail41 er is more than the weight allowed by applicable State law, may not coerce
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1 or attempt to coerce a carrier to transport the container or trailer or to op2 erate the tractor-trailer combination in violation of that State law.

3 § 5904. State enforcement

4 (a) GENERAL.—A State may enact a law to permit the State or a politi5 cal subdivision of the State—

6 (1) to impose a fine or penalty, for a violation of a State highway

7 weight law or regulation by a tractor-trailer combination carrying a

8 loaded container or trailer for which a certification is required by sec9 tion 5902(b) of this title, against the person tendering the loaded con10 tainer or trailer to the first carrier if the violation results from the per11 son’s having provided erroneous information in the certification in vio12 lation of section 5903(a) of this title; and

13 (2) to impound the container or trailer until the fine or penalty has

14 been paid by the owner or beneficial owner of the contents of the con15 tainer or trailer or the person tendering the loaded container or trailer

16 to the first carrier.

17 (b) LIMITATION.—This chapter does not require a person tendering a

18 loaded container or trailer to a first carrier to ensure that the first carrier

19 or any other carrier involved in the intermodal transportation will comply

20 with any State highway weight law or regulation, other than as required by

21 this chapter.

22 § 5905. Liens

23 (a) GENERAL.—If a person involved in the intermodal transportation of

24 a loaded container or trailer for which a certification is required by section

25 5902(b) of this title is required under State law to post a bond or pay any

26 fine, penalty, cost, or interest resulting from providing erroneous informa27 tion in the certification to the first carrier in violation of section 5903(a)

28 of this title, the person has a lien against the contents equal to the amount

29 of the bond, fine, penalty, cost, or interest incurred, until the person re30 ceives a payment of that amount from the owner or beneficial owner of the

31 contents or from the person responsible for making the certification.

32 (b) LIMITATIONS.—(1) A lien under this section does not authorize a per33 son to dispose of the contents of a loaded container or trailer until the per34 son who tendered the container or trailer to the first carrier is given a rea35 sonable opportunity to establish responsibility for the bond, fine, penalty,

36 cost, or interest.

37 (2) In this section, an owner or beneficial owner of the contents of a con38 tainer or trailer or a person tendering a container or trailer to the first car39 rier is deemed not to be a person involved in the intermodal transportation

40 of the container or trailer.
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1 § 5906. Perishable agricultural commodities

2 Sections 5904(a)(2) and 5905 of this title do not apply to a container

3 or trailer the contents of which are perishable agricultural commodities (as

4 defined in the Perishable Agricultural Commodities Act, 1930 (7 U.S.C.

5 499a et seq.)).

6 § 5907. Regulations and effective date

7 (a) REGULATIONS.—Not later than July 25, 1993, the Secretary of

8 Transportation shall prescribe final regulations to enforce this chapter. The

9 Secretary may establish by regulation exemptions to the regulations that are

10 in the public interest and consistent with the purposes of this chapter.

11 (b) EFFECTIVE DATE.—This chapter is effective on the date final regula12 tions to enforce this chapter are prescribed.

13 (c) Title 49, United States Code, is amended by adding the following im14 mediately after subtitle IV:

15 SUBTITLE V—RAIL PROGRAMS

16 PART A—SAFETY

CHAPTER Sec.

201. GENERAL ....................................................................................................... 20101

203. SAFETY APPLIANCES ................................................................................. 20301

205. SIGNAL SYSTEMS ........................................................................................ 20501

207. LOCOMOTIVES .............................................................................................. 20701

209. ACCIDENTS AND INCIDENTS ................................................................... 20901

211. HOURS OF SERVICE .................................................................................... 21101

213. PENALTIES .................................................................................................... 21301

17 PART B—ASSISTANCE

221. LOCAL RAIL FREIGHT ASSISTANCE ...................................................... 22101

18 PART C—PASSENGER TRANSPORTATION

241. GENERAL ....................................................................................................... 24101

243. AMTRAK ......................................................................................................... 24301

245. AMTRAK COMMUTER .................................................................................. 24501

247. AMTRAK ROUTE SYSTEM .......................................................................... 24701

249. NORTHEAST CORRIDOR IMPROVEMENT PROGRAM .......................... 24901

19 PART D—MISCELLANEOUS

261. LAW ENFORCEMENT .................................................................................. 26101

20 PART A—SAFETY

21 CHAPTER 201—GENERAL

SUBCHAPTER I—GENERAL

Sec.

20101. Purpose.

20102. Definitions.

20103. General authority.

20104. Emergency authority.

20105. State participation.

20106. National uniformity of regulation.

20107. Inspection and investigation.

20108. Research, development, testing, and training.

20109. Employee protections.

20110. Effect on employee qualifications and collective bargaining.

20111. Enforcement by the Secretary of Transportation.
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20112. Enforcement by the Attorney General.

20113. Enforcement by the States.

20114. Judicial procedures.

20115. User fees.

20116. Annual report.

20117. Authorization of appropriations.

SUBCHAPTER II—PARTICULAR ASPECTS OF SAFETY

20131. Restricted access to rolling equipment.

20132. Visible markers for rear cars.

20133. Passenger equipment.

20134. Grade crossings and railroad rights of way.

20135. Licensing or certification of locomotive operators.

20136. Automatic train control and related systems.

20137. Event recorders.

20138. Tampering with safety and operational monitoring devices.

20139. Maintenance-of-way operations on railroad bridges.

20140. Alcohol and controlled substances testing.

20141. Power brake safety.

20142. Track safety.

20143. Locomotive visibility.

1 SUBCHAPTER I—GENERAL

2 § 20101. Purpose

3 The purpose of this chapter is to promote safety in every area of railroad

4 operations and reduce railroad-related accidents and incidents.

5 § 20102. Definitions

6 In this part—

7 (1) ‘‘railroad’’—

8 (A) means any form of nonhighway ground transportation that

9 runs on rails or electromagnetic guideways, including—

10 (i) commuter or other short-haul railroad passenger service

11 in a metropolitan or suburban area and commuter railroad

12 service that was operated by the Consolidated Rail Corpora13 tion on January 1, 1979; and

14 (ii) high speed ground transportation systems that connect

15 metropolitan areas, without regard to whether those systems

16 use new technologies not associated with traditional railroads;

17 but

18 (B) does not include rapid transit operations in an urban area

19 that are not connected to the general railroad system of transpor20 tation.

21 (2) ‘‘railroad carrier’’ means a person providing railroad transpor22 tation.

23 § 20103. General authority

24 (a) REGULATIONS AND ORDERS.—The Secretary of Transportation, as

25 necessary, shall prescribe regulations and issue orders for every area of rail26 road safety supplementing laws and regulations in effect on October 16,

27 1970.
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1 (b) REGULATIONS OF PRACTICE FOR PROCEEDINGS.—The Secretary

2 shall prescribe regulations of practice applicable to each proceeding under

3 this chapter. The regulations shall reflect the varying nature of the proceed4 ings and include time limits for disposition of the proceedings. The time

5 limit for disposition of a proceeding may not be more than 12 months after

6 the date it begins.

7 (c) CONSIDERATION OF INFORMATION AND STANDARDS.—In prescribing

8 regulations and issuing orders under this section, the Secretary shall con9 sider existing relevant safety information and standards.

10 (d) WAIVERS.—The Secretary may waive compliance with any part of a

11 regulation prescribed or order issued under this chapter if the waiver is in

12 the public interest and consistent with railroad safety. The Secretary shall

13 make public the reasons for granting the waiver.

14 (e) HEARINGS.—The Secretary shall conduct a hearing as provided by

15 section 553 of title 5 when prescribing a regulation or issuing an order

16 under this chapter, including a regulation or order establishing, amending,

17 or waiving compliance with a railroad safety regulation prescribed or order

18 issued under this chapter. An opportunity for an oral presentation shall be

19 provided.

20 § 20104. Emergency authority

21 (a) ORDERING RESTRICTIONS AND PROHIBITIONS.—(1) If, through test22 ing, inspection, investigation, or research carried out under this chapter, the

23 Secretary of Transportation decides that an unsafe condition or practice, or

24 a combination of unsafe conditions and practices, causes an emergency situ25 ation involving a hazard of death or personal injury, the Secretary imme26 diately may order restrictions and prohibitions, without regard to section

27 20103(e) of this title, that may be necessary to abate the situation.

28 (2) The order shall describe the condition or practice, or a combination

29 of conditions and practices, that causes the emergency situation and pre30 scribe standards and procedures for obtaining relief from the order. This

31 paragraph does not affect the Secretary’s discretion under this section to

32 maintain the order in effect for as long as the emergency situation exists.

33 (b) REVIEW OF ORDERS.—After issuing an order under this section, the

34 Secretary shall provide an opportunity for review of the order under section

35 554 of title 5. If a petition for review is filed and the review is not com36 pleted by the end of the 30-day period beginning on the date the order was

37 issued, the order stops being effective at the end of that period unless the

38 Secretary decides in writing that the emergency situation still exists.

39 (c) CIVIL ACTIONS TO COMPEL ISSUANCE OF ORDERS.—An employee of

40 a railroad carrier engaged in interstate or foreign commerce who may be

41 exposed to imminent physical injury during that employment because of the
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1 Secretary’s failure, without any reasonable basis, to issue an order under

2 subsection (a) of this section, or the employee’s authorized representative,

3 may bring a civil action against the Secretary in a district court of the Unit4 ed States to compel the Secretary to issue an order. The action must be

5 brought in the judicial district in which the emergency situation is alleged

6 to exist, in which that employing carrier has its principal executive office,

7 or for the District of Columbia. The Secretary’s failure to issue an order

8 under subsection (a) of this section may be reviewed only under section 706

9 of title 5.

10 § 20105. State participation

11 (a) INVESTIGATIVE AND SURVEILLANCE ACTIVITIES.—The Secretary of

12 Transportation may prescribe investigative and surveillance activities nec13 essary to enforce the safety regulations prescribed and orders issued by the

14 Secretary that apply to railroad equipment, facilities, rolling stock, and op15 erations in a State. The State may participate in those activities when the

16 safety practices for railroad equipment, facilities, rolling stock, and oper17 ations in the State are regulated by a State authority and the authority sub18 mits to the Secretary an annual certification as provided in subsection (b)

19 of this section.

20 (b) ANNUAL CERTIFICATION.—(1) A State authority’s annual certifi21 cation must include—

22 (A) a certification that the authority—

23 (i) has regulatory jurisdiction over the safety practices for rail24 road equipment, facilities, rolling stock, and operations in the

25 State;

26 (ii) was given a copy of each safety regulation prescribed and

27 order issued by the Secretary, that applies to the equipment, facili28 ties, rolling stock, or operations, as of the date of certification; and

29 (iii) is conducting the investigative and surveillance activities

30 prescribed by the Secretary under subsection (a) of this section;

31 and

32 (B) a report, in the form the Secretary prescribes by regulation, that

33 includes—

34 (i) the name and address of each railroad carrier subject to the

35 safety jurisdiction of the authority;

36 (ii) each accident or incident reported during the prior 12

37 months by a railroad carrier involving a fatality, personal injury

38 requiring hospitalization, or property damage of more than $750

39 (or a higher amount prescribed by the Secretary), and a summary

40 of the authority’s investigation of the cause and circumstances

41 surrounding the accident or incident;
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1 (iii) the record maintenance, reporting, and inspection practices

2 conducted by the authority to aid the Secretary in enforcing rail3 road safety regulations prescribed and orders issued by the Sec4 retary, including the number of inspections made of railroad

5 equipment, facilities, rolling stock, and operations by the authority

6 during the prior 12 months; and

7 (iv) other information the Secretary requires.

8 (2) An annual certification applies to a safety regulation prescribed or

9 order issued after the date of the certification only if the State authority

10 submits an appropriate certification to provide the necessary investigative

11 and surveillance activities.

12 (3) If, after receipt of an annual certification, the Secretary decides the

13 State authority is not complying satisfactorily with the investigative and

14 surveillance activities prescribed under subsection (a) of this section, the

15 Secretary may reject any part of the certification or take other appropriate

16 action to achieve adequate enforcement. The Secretary must give the au17 thority notice and an opportunity for a hearing before taking action under

18 this paragraph. When the Secretary gives notice, the burden of proof is on

19 the authority to show that it is complying satisfactorily with the investiga20 tive and surveillance activities prescribed by the Secretary.

21 (c) AGREEMENT WHEN CERTIFICATION NOT RECEIVED.—(1) If the Sec22 retary does not receive an annual certification under subsection (a) of this

23 section related to any railroad equipment, facility, rolling stock, or oper24 ation, the Secretary may make an agreement with a State authority for the

25 authority to provide any part of the investigative and surveillance activities

26 prescribed by the Secretary as necessary to enforce the safety regulations

27 and orders applicable to the equipment, facility, rolling stock, or operation.

28 (2) The Secretary may terminate any part of an agreement made under

29 this subsection on finding that the authority has not provided every part

30 of the investigative and surveillance activities to which the agreement re31 lates. The Secretary must give the authority notice and an opportunity for

32 a hearing before making such a finding. The finding and termination shall

33 be published in the Federal Register and may not become effective for at

34 least 15 days after the date of publication.

35 (d) AGREEMENT FOR INVESTIGATIVE AND SURVEILLANCE ACTIVITIES.—

36 In addition to providing for State participation under this section, the Sec37 retary may make an agreement with a State to provide investigative and

38 surveillance activities related to the Secretary’s duties under chapters 203–

39 213 of this title.

40 (e) PAYMENT.—On application by a State authority that has submitted

41 a certification under subsections (a) and (b) of this section or made an
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1 agreement under subsection (c) or (d) of this section, the Secretary shall

2 pay not more than 50 percent of the cost of the personnel, equipment, and

3 activities of the authority needed, during the next fiscal year, to carry out

4 a safety program under the certification or agreement. However, the Sec5 retary may pay an authority only when the authority assures the Secretary

6 that it will provide the remaining cost of the safety program and that the

7 total State money expended for the safety program, excluding grants of the

8 United States Government, will be at least as much as the average amount

9 expended for the fiscal years that ended June 30, 1969, and June 30, 1970.

10 (f) MONITORING.—The Secretary may monitor State investigative and

11 surveillance practices and carry out other inspections and investigations nec12 essary to help enforce this chapter.

13 § 20106. National uniformity of regulation

14 Laws, regulations, and orders related to railroad safety shall be nationally

15 uniform to the extent practicable. A State may adopt or continue in force

16 a law, regulation, or order related to railroad safety until the Secretary of

17 Transportation prescribes a regulation or issues an order covering the sub18 ject matter of the State requirement. A State may adopt or continue in

19 force an additional or more stringent law, regulation, or order related to

20 railroad safety when the law, regulation, or order—

21 (1) is necessary to eliminate or reduce an essentially local safety haz22 ard;

23 (2) is not incompatible with a law, regulation, or order of the United

24 States Government; and

25 (3) does not unreasonably burden interstate commerce.

26 § 20107. Inspection and investigation

27 (a) GENERAL.—To carry out this part, the Secretary of Transportation

28 may take actions the Secretary considers necessary, including—

29 (1) conduct investigations, make reports, issue subpenas, require the

30 production of documents, take depositions, and prescribe recordkeeping

31 and reporting requirements; and

32 (2) delegate to a public entity or qualified person the inspection, ex33 amination, and testing of railroad equipment, facilities, rolling stock,

34 operations, and persons.

35 (b) ENTRY AND INSPECTION.—In carrying out this part, an officer, em36 ployee, or agent of the Secretary, at reasonable times and in a reasonable

37 way, may enter and inspect railroad equipment, facilities, rolling stock, op38 erations, and relevant records. When requested, the officer, employee, or

39 agent shall display proper credentials. During an inspection, the officer, em40 ployee, or agent is an employee of the United States Government under

41 chapter 171 of title 28.
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1 § 20108. Research, development, testing, and training

2 (a) GENERAL.—The Secretary of Transportation shall carry out, as nec3 essary, research, development, testing, evaluation, and training for every

4 area of railroad safety.

5 (b) CONTRACTS.—To carry out this part, the Secretary may make con6 tracts for, and carry out, research, development, testing, evaluation, and

7 training (particularly for those areas of railroad safety found to need

8 prompt attention).

9 (c) AMOUNTS FROM NON-GOVERNMENT SOURCES FOR TRAINING SAFE10 TY EMPLOYEES.—The Secretary may request, receive, and expend amounts

11 received from non-United States Government sources for expenses incurred

12 in training safety employees of private industry, State and local authorities,

13 or other public authorities, except State rail safety inspectors participating

14 in training under section 20105 of this title.

15 § 20109. Employee protections

16 (a) FILING COMPLAINTS AND TESTIFYING.—A railroad carrier engaged

17 in interstate or foreign commerce may not discharge or in any way discrimi18 nate against an employee because the employee, whether acting for the em19 ployee or as a representative, has—

20 (1) filed a complaint or brought or caused to be brought a proceed21 ing related to the enforcement of this part or chapter 51 or 57 of this

22 title; or

23 (2) testified or will testify in that proceeding.

24 (b) REFUSING TO WORK BECAUSE OF HAZARDOUS CONDITIONS.—(1) A

25 railroad carrier engaged in interstate or foreign commerce may not dis26 charge or in any way discriminate against an employee for refusing to work

27 when confronted by a hazardous condition related to the performance of the

28 employee’s duties, if—

29 (A) the refusal is made in good faith and no reasonable alternative

30 to the refusal is available to the employee;

31 (B) a reasonable individual in the circumstances then confronting

32 the employee would conclude that—

33 (i) the hazardous condition presents an imminent danger of

34 death or serious injury; and

35 (ii) the urgency of the situation does not allow sufficient time

36 to eliminate the danger through regular statutory means; and

37 (C) the employee, where possible, has notified the carrier of the haz38 ardous condition and the intention not to perform further work unless

39 the condition is corrected immediately.

40 (2) This subsection does not apply to security personnel employed by a

41 carrier to protect individuals and property transported by railroad.
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1 (c) DISPUTE RESOLUTION.—A dispute, grievance, or claim arising under

2 this section is subject to resolution under section 3 of the Railway Labor

3 Act (45 U.S.C. 153). In a proceeding by the National Railroad Adjustment

4 Board, a division or delegate of the Board, or another board of adjustment

5 established under section 3 to resolve the dispute, grievance, or claim, the

6 proceeding shall be expedited and the dispute, grievance, or claim shall be

7 resolved not later than 180 days after it is filed. If the violation is a form

8 of discrimination that does not involve discharge, suspension, or another ac9 tion affecting pay, and no other remedy is available under this subsection,

10 the Board, division, delegate, or other board of adjustment may award the

11 employee reasonable damages, including punitive damages, of not more than

12 $20,000.

13 (d) ELECTION OF REMEDIES.—An employee of a railroad carrier may not

14 seek protection under both this section and another provision of law for the

15 same allegedly unlawful act of the carrier.

16 (e) DISCLOSURE OF IDENTITY.—(1) Except as provided in paragraph (2)

17 of this subsection, or with the written consent of the employee, the Sec18 retary of Transportation may not disclose the name of an employee of a

19 railroad carrier who has provided information about an alleged violation of

20 this part, chapter 51 or 57 of this title, or a regulation prescribed or order

21 issued under this part or chapter 51 or 57.

22 (2) The Secretary shall disclose to the Attorney General the name of an

23 employee described in paragraph (1) of this subsection if the matter is re24 ferred to the Attorney General for enforcement.

25 § 20110. Effect on employee qualifications and collective

26 bargaining

27 This chapter does not—

28 (1) authorize the Secretary of Transportation to prescribe regula29 tions and issue orders related to qualifications of employees, except

30 qualifications specifically related to safety; or

31 (2) prohibit the bargaining representatives of railroad carriers and

32 their employees from making collective bargaining agreements under

33 the Railway Labor Act (45 U.S.C. 151 et seq.), including agreements

34 related to qualifications of employees, that are not inconsistent with

35 regulations prescribed and orders issued under this chapter.

36 § 20111. Enforcement by the Secretary of Transportation

37 (a) EXCLUSIVE AUTHORITY.—The Secretary of Transportation has exclu38 sive authority—

39 (1) to impose and compromise a civil penalty for a violation of a rail40 road safety regulation prescribed or order issued by the Secretary;
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1 (2) except as provided in section 20113 of this title, to request an

2 injunction for a violation of a railroad safety regulation prescribed or

3 order issued by the Secretary; and

4 (3) to recommend appropriate action be taken under section

5 20112(a) of this title.

6 (b) COMPLIANCE ORDERS.—The Secretary may issue an order directing

7 compliance with this part or with a railroad safety regulation prescribed or

8 order issued under this part.

9 (c) ORDERS PROHIBITING INDIVIDUALS FROM PERFORMING SAFETY10 SENSITIVE FUNCTIONS.—If an individual’s violation of a regulation pre11 scribed or order issued by the Secretary under this chapter is shown to

12 make that individual unfit for the performance of safety-sensitive functions,

13 the Secretary, after notice and opportunity for a hearing, may issue an

14 order prohibiting the individual from performing safety-sensitive functions

15 in the railroad industry for a specified period of time or until specified con16 ditions are met. This subsection does not affect the Secretary’s authority

17 under section 20104 of this title to act on an emergency basis.

18 (d) REGULATIONS REQUIRING REPORTING OF REMEDIAL ACTIONS.—(1)

19 The Secretary shall prescribe regulations to require that a railroad carrier

20 notified by the Secretary that imposition of a civil penalty will be rec21 ommended for a failure to comply with this part, chapter 51 or 57 of this

22 title, or a regulation prescribed or order issued under any of those provi23 sions, shall report to the Secretary, not later than the 30th day after the

24 end of the month in which the notification is received—

25 (A) actions taken to remedy the failure; or

26 (B) if appropriate remedial actions cannot be taken by that 30th

27 day, an explanation of the reasons for the delay.

28 (2) The Secretary—

29 (A) not later than June 3, 1993, shall issue a notice of a regulatory

30 proceeding for proposed regulations to carry out this subsection; and

31 (B) not later than September 3, 1994, shall prescribe final regula32 tions to carry out this subsection.

33 § 20112. Enforcement by the Attorney General

34 (a) CIVIL ACTIONS.—At the request of the Secretary of Transportation,

35 the Attorney General may bring a civil action in a district court of the Unit36 ed States—

37 (1) to enjoin a violation of, or to enforce, a railroad safety regulation

38 prescribed or order issued by the Secretary;

39 (2) to collect a civil penalty imposed or an amount agreed on in com40 promise under section 21301 of this title; or

41 (3) to enforce a subpena issued by the Secretary under this chapter.
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1 (b) VENUE.—(1) Except as provided in paragraph (2) of this subsection,

2 a civil action under this section may be brought in the judicial district in

3 which the violation occurred or the defendant has its principal executive of4 fice. If an action to collect a penalty is against an individual, the action also

5 may be brought in the judicial district in which the individual resides.

6 (2) A civil action to enforce a subpena issued by the Secretary or a com7 pliance order issued under section 20111(b) of this title may be brought in

8 the judicial district in which the defendant resides, does business, or is

9 found.

10 § 20113. Enforcement by the States

11 (a) INJUNCTIVE RELIEF.—If the Secretary of Transportation does not

12 begin a civil action under section 20112 of this title to enjoin the violation

13 of a railroad safety regulation prescribed or order issued by the Secretary

14 not later than 15 days after the date the Secretary receives notice of the

15 violation and a request from a State authority participating in investigative

16 and surveillance activities under section 20105 of this title that the action

17 be brought, the authority may bring a civil action in a district court of the

18 United States to enjoin the violation. This subsection does not apply if the

19 Secretary makes an affirmative written finding that the violation did not

20 occur or that the action is not necessary because of other enforcement ac21 tion taken by the Secretary related to the violation.

22 (b) IMPOSITION AND COLLECTION OF CIVIL PENALTIES.—If the Sec23 retary does not impose the applicable civil penalty for a violation of a rail24 road safety regulation prescribed or order issued by the Secretary not later

25 than 60 days after the date of receiving notice from a State authority par26 ticipating in investigative and surveillance activities under section 20105 of

27 this title, the authority may bring a civil action in a district court of the

28 United States to impose and collect the penalty. This paragraph does not

29 apply if the Secretary makes an affirmative written finding that the viola30 tion did not occur.

31 (c) VENUE.—A civil action under this section may be brought in the judi32 cial district in which the violation occurred or the defendant has its prin33 cipal executive office. However, a State authority may not bring an action

34 under this section outside the State.

35 § 20114. Judicial procedures

36 (a) CRIMINAL CONTEMPT.—In a trial for criminal contempt for violating

37 an injunction or restraining order issued under this chapter, the violation

38 of which is also a violation of this chapter, the defendant may demand a

39 jury trial. The defendant shall be tried as provided in rule 42(b) of the Fed40 eral Rules of Criminal Procedure (18 App. U.S.C.).
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1 (b) SUBPENAS FOR WITNESSES.—A subpena for a witness required to at2 tend a district court of the United States in an action brought under this

3 chapter may be served in any judicial district.

4 § 20115. User fees

5 (a) SCHEDULE OF FEES.—The Secretary of Transportation shall pre6 scribe by regulation a schedule of fees for railroad carriers subject to this

7 chapter. The fees—

8 (1) shall cover the costs of carrying out this chapter (except section

9 20108(a));

10 (2) shall be imposed fairly on the railroad carriers, in reasonable re11 lationship to an appropriate combination of criteria such as revenue

12 ton-miles, track miles, passenger miles, or other relevant factors; and

13 (3) may not be based on that part of industry revenues attributable

14 to a railroad carrier or class of railroad carriers.

15 (b) COLLECTION PROCEDURES.—The Secretary shall prescribe proce16 dures to collect the fees. The Secretary may use the services of a depart17 ment, agency, or instrumentality of the United States Government or of a

18 State or local authority to collect the fees, and may reimburse the depart19 ment, agency, or instrumentality a reasonable amount for its services.

20 (c) COLLECTION, DEPOSIT, AND USE.—(1) The Secretary shall impose

21 and collect fees under this section for each fiscal year before the end of the

22 fiscal year.

23 (2) Fees collected under this section shall be deposited in the general

24 fund of the Treasury as offsetting receipts. The fees may be used, to the

25 extent provided in advance in an appropriation law, only to carry out this

26 chapter.

27 (3) Fees prescribed under this section shall be imposed in an amount suf28 ficient to pay for the costs of activities under this chapter. However, the

29 total fees received for a fiscal year may not be more than 105 percent of

30 the total amount of the appropriations for the fiscal year for activities to

31 be financed by the fees.

32 (d) ANNUAL REPORT.—(1) Not later than 90 days after the end of each

33 fiscal year in which fees are collected under this section, the Secretary shall

34 report to Congress on—

35 (A) the amount of fees collected during that fiscal year;

36 (B) the impact of the fees on the financial health of the railroad in37 dustry and its competitive position relative to each competing mode of

38 transportation; and

39 (C) the total cost of Government safety activities for each other com40 peting mode of transportation, including any part of that total cost de41 frayed by Government user fees.
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1 (2) Not later than 90 days after submitting a report for a fiscal year,

2 the Secretary shall submit to Congress recommendations for corrective legis3 lation if the report includes a finding that—

4 (A) there has been an impact from the fees on the financial health

5 of the railroad industry or its competitive position relative to each com6 peting mode of transportation; or

7 (B) there is a significant difference in the burden of Government

8 user fees on the railroad industry and other competing modes of trans9 portation.

10 (e) EXPIRATION.—This section expires on September 30, 1995.

11 § 20116. Annual report

12 The Secretary of Transportation shall submit to the President for sub13 mission to Congress not later than July 1 of each year a report on carrying

14 out this chapter for the prior calendar year. The report shall include the

15 following information about the prior year:

16 (1) a thorough statistical compilation of railroad accidents, incidents,

17 and casualties by cause.

18 (2) a list of railroad safety regulations and orders prescribed, issued,

19 or in effect under this chapter.

20 (3) a summary of the reasons for each waiver granted under section

21 20103(d) of this title.

22 (4) an evaluation of the degree of compliance with railroad safety

23 regulations prescribed and orders issued under this chapter.

24 (5) a summary of outstanding problems in carrying out railroad safe25 ty regulations prescribed and orders issued under this chapter, in order

26 of priority.

27 (6) an analysis and evaluation of research and related activities com28 pleted, including their policy implications, and technological progress

29 achieved.

30 (7) a list, with a brief statement of the issues, of completed or pend31 ing civil actions to enforce railroad safety regulations prescribed and

32 orders issued under this chapter.

33 (8) the extent to which technical information was distributed to the

34 scientific community and consumer-oriented information was made

35 available to the public.

36 (9) a compilation of certifications filed under section 20105(a) of

37 this title that were—

38 (A) in effect; or

39 (B) rejected in any part by the Secretary, and a summary of

40 the reasons for each rejection.
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1 (10) a compilation of agreements made under section 20105(c) of

2 this title that were—

3 (A) in effect; or

4 (B) terminated in any part by the Secretary, and a summary

5 of the reasons for each termination.

6 (11) recommendations for legislation the Secretary considers nec7 essary to strengthen the national railroad safety program.

8 § 20117. Authorization of appropriations

9 (a) GENERAL.—(1) Not more than the following amounts may be appro10 priated to the Secretary of Transportation to carry out this chapter:

11 (A) $68,283,000 for the fiscal year ending September 30, 1993.

12 (B) $71,690,000 for the fiscal year ending September 30, 1994.

13 (2) Not more than $5,000,000 may be appropriated to the Secretary for

14 the fiscal year ending September 30, 1993, to carry out section 20105 of

15 this title.

16 (b) GRADE CROSSING SAFETY.—Not more than $1,000,000 may be ap17 propriated to the Secretary for improvements in grade crossing safety, ex18 cept demonstration projects under section 20134(c) of this title. Amounts

19 appropriated under this subsection remain available until expended.

20 (c) RESEARCH AND DEVELOPMENT, AUTOMATED TRACK INSPECTION,

21 AND STATE PARTICIPATION GRANTS.—Amounts appropriated under this

22 section for research and development, automated track inspection, and

23 grants under section 20105(e) of this title remain available until expended.

24 (d) MINIMUM AVAILABLE FOR CERTAIN PURPOSES.—At least 50 percent

25 of the amounts appropriated to the Secretary for a fiscal year to carry out

26 railroad research and development programs under this chapter or another

27 law shall be available for safety research, improved track inspection and in28 formation acquisition technology, improved railroad freight transportation,

29 and improved railroad passenger systems.

30 SUBCHAPTER II—PARTICULAR ASPECTS OF SAFETY

31 § 20131. Restricted access to rolling equipment

32 The Secretary of Transportation shall prescribe regulations and issue or33 ders that may be necessary to require that when railroad carrier employees

34 (except train or yard crews) assigned to inspect, test, repair, or service roll35 ing equipment have to work on, under, or between that equipment, every

36 manually operated switch, including each crossover switch, providing access

37 to the track on which the equipment is located is lined against movement

38 to that track and secured by an effective locking device that can be removed

39 only by the class or craft of employees performing the inspection, testing,

40 repair, or service.
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1 § 20132. Visible markers for rear cars

2 (a) GENERAL.—The Secretary of Transportation shall prescribe regula3 tions and issue orders that may be necessary to require that—

4 (1) the rear car of each passenger and commuter train has at least

5 one highly visible marker that is lighted during darkness and when

6 weather conditions restrict clear visibility; and

7 (2) the rear car of each freight train has highly visible markers dur8 ing darkness and when weather conditions restrict clear visibility.

9 (b) PREEMPTION.—Notwithstanding section 20106 of this title, sub10 section (a) of this section does not prohibit a State from continuing in force

11 a law, regulation, or order in effect on July 8, 1976, related to lighted

12 markers on the rear car of a freight train except to the extent it would

13 cause the car to be in violation of this section.

14 § 20133. Passenger equipment

15 (a) GENERAL.—The Secretary of Transportation shall prescribe regula16 tions and issue orders that may be necessary to ensure that the construc17 tion, maintenance, and operation of railroad equipment used to transport

18 railroad passengers, whether in commuter or intercity service, maximize the

19 safety of those passengers. The Secretary periodically shall review the regu20 lations and orders and make amendments that may be necessary.

21 (b) CONSIDERATIONS AND AREAS OF CONCENTRATION.—In prescribing

22 regulations, issuing orders, and making amendments under this section, the

23 Secretary shall—

24 (1) consider comparable regulations and procedures of the United

25 States Government that apply to other modes of transportation, espe26 cially those regulations and procedures carried out by the Adminis27 trator of the Federal Aviation Administration;

28 (2) consider relevant differences between commuter and intercity

29 passenger service;

30 (3) concentrate on those areas that the Secretary believes present the

31 greatest opportunity for enhancing the safety of the equipment; and

32 (4) give significant weight to the expenditures that would be nec33 essary to retrofit existing equipment and to change specifications for

34 equipment on order.

35 (c) CONSULTATION.—In prescribing regulations, issuing orders, and mak36 ing amendments under this section, the Secretary may consult with Amtrak,

37 public authorities operating railroad passenger service, other railroad car38 riers transporting passengers, organizations of passengers, and organiza39 tions of employees. A consultation is not subject to the Federal Advisory

40 Committee Act (5 App. U.S.C.), but minutes of the consultation shall be

41 placed in the public docket of the regulatory proceeding.
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1 § 20134. Grade crossings and railroad rights of way

2 (a) GENERAL.—To the extent practicable, the Secretary of Transpor3 tation shall maintain a coordinated effort to develop and carry out solutions

4 to the railroad grade crossing problem and measures to protect pedestrians

5 in densely populated areas along railroad rights of way. To carry out this

6 subsection, the Secretary may use the authority of the Secretary under this

7 chapter and over highway, traffic, and motor vehicle safety and over high8 way construction.

9 (b) SIGNAL SYSTEMS AND OTHER DEVICES.—Not later than June 22,

10 1989, the Secretary shall prescribe regulations and issue orders to ensure

11 the safe maintenance, inspection, and testing of signal systems and devices

12 at railroad highway grade crossings.

13 (c) DEMONSTRATION PROJECTS.—(1) The Secretary shall establish dem14 onstration projects to evaluate whether accidents and incidents involving

15 trains would be reduced by—

16 (A) reflective markers installed on the road surface or on a signal

17 post at railroad grade crossings;

18 (B) stop signs or yield signs installed at grade crossings; and

19 (C) speed bumps or rumble strips installed on the road surfaces at

20 the approaches to grade crossings.

21 (2) Not later than June 22, 1990, the Secretary shall submit a report

22 on the results of the demonstration projects to the Committee on Energy

23 and Commerce of the House of Representatives and the Committee on Com24 merce, Science, and Transportation of the Senate.

25 § 20135. Licensing or certification of locomotive operators

26 (a) GENERAL.—The Secretary of Transportation shall prescribe regula27 tions and issue orders to establish a program requiring the licensing or cer28 tification, after one year after the program is established, of any operator

29 of a locomotive.

30 (b) PROGRAM REQUIREMENTS.—The program established under sub31 section (a) of this section—

32 (1) shall be carried out through review and approval of each railroad

33 carrier’s operator qualification standards;

34 (2) shall provide minimum training requirements;

35 (3) shall require comprehensive knowledge of applicable railroad car36 rier operating practices and rules;

37 (4) except as provided in subsection (c)(1) of this section, shall re38 quire consideration, to the extent the information is available, of the

39 motor vehicle driving record of each individual seeking licensing or cer40 tification, including—
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1 (A) any denial, cancellation, revocation, or suspension of a

2 motor vehicle operator’s license by a State for cause within the

3 prior 5 years; and

4 (B) any conviction within the prior 5 years of an offense de5 scribed in section 30304(a)(3)(A) or (B) of this title;

6 (5) may require, based on the individual’s driving record, disquali7 fication or the granting of a license or certification conditioned on re8 quirements the Secretary prescribes; and

9 (6) shall require an individual seeking a license or certification—

10 (A) to request the chief driver licensing official of each State

11 in which the individual has held a motor vehicle operator’s license

12 within the prior 5 years to provide information about the individ13 ual’s driving record to the individual’s employer, prospective em14 ployer, or the Secretary, as the Secretary requires; and

15 (B) to make the request provided for in section 30305(b)(4) of

16 this title for information to be sent to the individual’s employer,

17 prospective employer, or the Secretary, as the Secretary requires.

18 (c) WAIVERS.—(1) The Secretary shall prescribe standards and establish

19 procedures for waiving subsection (b)(4) of this section for an individual or

20 class of individuals who the Secretary decides are not currently unfit to op21 erate a locomotive. However, the Secretary may waive subsection (b)(4) for

22 an individual or class of individuals with a conviction, cancellation, revoca23 tion, or suspension described in paragraph (2)(A) or (B) of this subsection

24 only if the individual or class, after the conviction, cancellation, revocation,

25 or suspension, successfully completes a rehabilitation program established by

26 a railroad carrier or approved by the Secretary.

27 (2) If an individual, after the conviction, cancellation, revocation, or sus28 pension, successfully completes a rehabilitation program established by a

29 railroad carrier or approved by the Secretary, the individual may not be de30 nied a license or certification under subsection (b)(4) of this section because

31 of—

32 (A) a conviction for operating a motor vehicle when under the influ33 ence of, or impaired by, alcohol or a controlled substance; or

34 (B) the cancellation, revocation, or suspension of the individual’s

35 motor vehicle operator’s license for operating a motor vehicle when

36 under the influence of, or impaired by, alcohol or a controlled sub37 stance.

38 (d) OPPORTUNITY FOR HEARING.—An individual denied a license or cer39 tification or whose license or certification is conditioned on requirements

40 prescribed under subsection (b)(4) of this section shall be entitled to a hear-
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1 ing under section 20103(e) of this title to decide whether the license has

2 been properly denied or conditioned.

3 (e) OPPORTUNITY TO EXAMINE AND COMMENT ON INFORMATION.—The

4 Secretary, employer, or prospective employer, as appropriate, shall make in5 formation obtained under subsection (b)(6) of this section available to the

6 individual. The individual shall be given an opportunity to comment in writ7 ing about the information. Any comment shall be included in any record or

8 file maintained by the Secretary, employer, or prospective employer that

9 contains information to which the comment is related.

10 § 20136. Automatic train control and related systems

11 The Secretary of Transportation shall prescribe regulations and issue or12 ders to require that—

13 (1) an individual performing a test of an automatic train stop, train

14 control, or cab signal apparatus required by the Secretary to be per15 formed before entering territory where the apparatus will be used shall

16 certify in writing that the test was performed properly; and

17 (2) the certification required under clause (1) of this subsection shall

18 be maintained in the same way and place as the daily inspection report

19 for the locomotive.

20 § 20137. Event recorders

21 (a) DEFINITION.—In this section, ‘‘event recorder’’ means a device that—

22 (1) records train speed, hot box detection, throttle position, brake

23 application, brake operations, and any other function the Secretary of

24 Transportation considers necessary to record to assist in monitoring

25 the safety of train operation, such as time and signal indication; and

26 (2) is designed to resist tampering.

27 (b) REGULATIONS AND ORDERS.—Not later than December 22, 1989, the

28 Secretary shall prescribe regulations and issue orders that may be necessary

29 to enhance safety by requiring that a train be equipped with an event re30 corder not later than one year after the regulations are prescribed and the

31 orders are issued. However, if the Secretary finds it is impracticable to

32 equip trains within that one-year period, the Secretary may extend the pe33 riod to a date that is not later than 18 months after the regulations are

34 prescribed and the orders are issued.

35 § 20138. Tampering with safety and operational monitoring

36 devices

37 (a) GENERAL.—The Secretary of Transportation shall prescribe regula38 tions and issue orders to prohibit the willful tampering with, or disabling

39 of, any specified railroad safety or operational monitoring device.

40 (b) PENALTIES.—(1) A railroad carrier operating a train on which a safe41 ty or operational monitoring device is tampered with or disabled in violation
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1 of a regulation prescribed or order issued under subsection (a) of this sec2 tion is liable to the United States Government for a civil penalty under sec3 tion 21301 of this title.

4 (2) An individual tampering with or disabling a safety or operational

5 monitoring device in violation of a regulation prescribed or order issued

6 under subsection (a) of this section, or knowingly operating or allowing to

7 be operated a train on which such a device has been tampered with or dis8 abled, is liable for penalties established by the Secretary. The penalties may

9 include—

10 (A) a civil penalty under section 21301 of this title;

11 (B) suspension from work; and

12 (C) suspension or loss of a license or certification issued under sec13 tion 20135 of this title.

14 § 20139. Maintenance-of-way operations on railroad bridges

15 (a) GENERAL.—Not later than June 22, 1989, the Secretary of Trans16 portation shall prescribe regulations and issue orders for the safety of main17 tenance-of-way employees on railroad bridges. The Secretary at least shall

18 provide in those regulations standards for bridge safety equipment, includ19 ing nets, walkways, handrails, and safety lines, and requirements for the use

20 of vessels when work is performed on bridges located over bodies of water.

21 (b) BLUE SIGNAL PROTECTION.—The Secretary shall prescribe regula22 tions applying blue signal protection to on-track vehicles where rest is pro23 vided.

24 § 20140. Alcohol and controlled substances testing

25 (a) DEFINITION.—In this section, ‘‘controlled substance’’ means any sub26 stance under section 102 of the Comprehensive Drug Abuse Prevention and

27 Control Act of 1970 (21 U.S.C. 802) specified by the Secretary of Trans28 portation.

29 (b) GENERAL.—(1) In the interest of safety, the Secretary of Transpor30 tation shall prescribe regulations and issue orders, not later than October

31 28, 1992, related to alcohol and controlled substances use in railroad oper32 ations. The regulations shall establish a program requiring—

33 (A) a railroad carrier to conduct preemployment, reasonable sus34 picion, random, and post-accident testing of all railroad employees re35 sponsible for safety-sensitive functions (as decided by the Secretary) for

36 the use of alcohol or a controlled substance in violation of law or a

37 United States Government regulation; and

38 (B) when the Secretary considers it appropriate, disqualification for

39 an established period of time or dismissal of any employee found—

40 (i) to have used or been impaired by alcohol when on duty; or
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1 (ii) to have used a controlled substance, whether or not on duty,

2 except as allowed for medical purposes by law or a regulation or

3 order under this chapter.

4 (2) When the Secretary of Transportation considers it appropriate in the

5 interest of safety, the Secretary may prescribe regulations and issue orders

6 requiring railroad carriers to conduct periodic recurring testing of railroad

7 employees responsible for safety-sensitive functions (as decided by the Sec8 retary) for the use of alcohol or a controlled substance in violation of law

9 or a Government regulation.

10 (c) TESTING AND LABORATORY REQUIREMENTS.—In carrying out this

11 section, the Secretary of Transportation shall develop requirements that

12 shall—

13 (1) promote, to the maximum extent practicable, individual privacy

14 in the collection of specimens;

15 (2) for laboratories and testing procedures for controlled substances,

16 incorporate the Department of Health and Human Services scientific

17 and technical guidelines dated April 11, 1988, and any amendments to

18 those guidelines, including mandatory guidelines establishing—

19 (A) comprehensive standards for every aspect of laboratory con20 trolled substances testing and laboratory procedures to be applied

21 in carrying out this section, including standards requiring the use

22 of the best available technology to ensure the complete reliability

23 and accuracy of controlled substances tests and strict procedures

24 governing the chain of custody of specimens collected for con25 trolled substances testing;

26 (B) the minimum list of controlled substances for which individ27 uals may be tested; and

28 (C) appropriate standards and procedures for periodic review of

29 laboratories and criteria for certification and revocation of certifi30 cation of laboratories to perform controlled substances testing in

31 carrying out this section;

32 (3) require that a laboratory involved in controlled substances testing

33 under this section have the capability and facility, at the laboratory,

34 of performing screening and confirmation tests;

35 (4) provide that all tests indicating the use of alcohol or a controlled

36 substance in violation of law or a Government regulation be confirmed

37 by a scientifically recognized method of testing capable of providing

38 quantitative information about alcohol or a controlled substance;

39 (5) provide that each specimen be subdivided, secured, and labeled

40 in the presence of the tested individual and that a part of the specimen

41 be retained in a secure manner to prevent the possibility of tampering,
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1 so that if the individual’s confirmation test results are positive the indi2 vidual has an opportunity to have the retained part tested by a 2d con3 firmation test done independently at another certified laboratory if the

4 individual requests the 2d confirmation test not later than 3 days after

5 being advised of the results of the first confirmation test;

6 (6) ensure appropriate safeguards for testing to detect and quantify

7 alcohol in breath and body fluid samples, including urine and blood,

8 through the development of regulations that may be necessary and in

9 consultation with the Secretary of Health and Human Services;

10 (7) provide for the confidentiality of test results and medical infor11 mation (other than information about alcohol or a controlled substance)

12 of employees, except that this clause does not prevent the use of test

13 results for the orderly imposition of appropriate sanctions under this

14 section; and

15 (8) ensure that employees are selected for tests by nondiscriminatory

16 and impartial methods, so that no employee is harassed by being treat17 ed differently from other employees in similar circumstances.

18 (d) REHABILITATION.—The Secretary of Transportation shall prescribe

19 regulations or issue orders establishing requirements for rehabilitation pro20 grams that at least provide for the identification and opportunity for treat21 ment of railroad employees responsible for safety-sensitive functions (as de22 cided by the Secretary) in need of assistance in resolving problems with the

23 use of alcohol or a controlled substance in violation of law or a Government

24 regulation. The Secretary shall decide on the circumstances under which

25 employees shall be required to participate in a program. Each railroad car26 rier is encouraged to make such a program available to all of its employees

27 in addition to employees responsible for safety-sensitive functions. This sub28 section does not prevent a railroad carrier from establishing a program

29 under this subsection in cooperation with another railroad carrier.

30 (e) INTERNATIONAL OBLIGATIONS AND FOREIGN LAWS AND REGULA31 TIONS.—In carrying out this section, the Secretary of Transportation—

32 (1) shall establish only requirements that are consistent with inter33 national obligations of the United States; and

34 (2) shall consider applicable laws and regulations of foreign coun35 tries.

36 (f) OTHER REGULATIONS ALLOWED.—This section does not prevent the

37 Secretary of Transportation from continuing in effect, amending, or further

38 supplementing a regulation prescribed or order issued before October 28,

39 1991, governing the use of alcohol or a controlled substance in railroad op40 erations.
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1 § 20141. Power brake safety

2 (a) REVIEW AND REVISION OF EXISTING REGULATIONS.—The Secretary

3 of Transportation shall review existing regulations on railroad power brakes

4 and, not later than December 31, 1993, revise the regulations based on

5 safety information presented during the review. Where applicable, the Sec6 retary shall prescribe regulations that establish standards on dynamic brak7 ing equipment.

8 (b) 2-WAY END-OF-TRAIN DEVICES.—(1) The Secretary shall require 2-

9 way end-of-train devices (or devices able to perform the same function) on

10 road trains, except locals, road switchers, or work trains, to enable the initi11 ation of emergency braking from the rear of a train. The Secretary shall

12 prescribe regulations as soon as possible, but not later than December 31,

13 1993, requiring the 2-way end-of-train devices. The regulations at least

14 shall—

15 (A) establish standards for the devices based on performance;

16 (B) prohibit a railroad carrier, on or after the date that is one year

17 after the regulations are prescribed, from acquiring any end-of-train

18 device for use on trains that is not a 2-way device meeting the stand19 ards established under clause (A) of this paragraph;

20 (C) require that the trains be equipped with 2-way end-of-train de21 vices meeting those standards not later than 4 years after the regula22 tions are prescribed; and

23 (D) provide that any 2-way end-of-train device acquired for use on

24 trains before the regulations are prescribed shall be deemed to meet the

25 standards.

26 (2) The Secretary may consider petitions to amend the regulations pre27 scribed under paragraph (1) of this subsection to allow the use of alter28 native technologies that meet the same basic performance requirements es29 tablished by the regulations.

30 (3) In developing the regulations required by paragraph (1) of this sub31 section, the Secretary shall consider information presented under subsection

32 (a) of this section.

33 (c) EXCLUSIONS.—The Secretary may exclude from regulations pre34 scribed under subsections (a) and (b) of this section any category of trains

35 or rail operations if the Secretary decides that the exclusion is in the public

36 interest and is consistent with railroad safety. The Secretary shall make

37 public the reasons for the exclusion. The Secretary at least shall exclude

38 from the regulations prescribed under subsection (b)—

39 (1) trains that have manned cabooses;

40 (2) passenger trains with emergency brakes;
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1 (3) trains that operate only on track that is not part of the general

2 railroad system;

3 (4) trains that do not exceed 30 miles an hour and do not operate

4 on heavy grades, except for any categories of trains specifically des5 ignated by the Secretary; and

6 (5) trains that operate in a push mode.

7 § 20142. Track safety

8 (a) REVIEW OF EXISTING REGULATIONS.—Not later than March 3,

9 1993, the Secretary of Transportation shall begin a review of Department

10 of Transportation regulations related to track safety standards. The review

11 at least shall include an evaluation of—

12 (1) procedures associated with maintaining and installing continuous

13 welded rail and its attendant structure;

14 (2) the need for revisions to regulations on track excepted from track

15 safety standards; and

16 (3) employee safety.

17 (b) REVISION OF REGULATIONS.—Not later than September 3, 1994, the

18 Secretary shall prescribe regulations and issue orders to revise track safety

19 standards, considering safety information presented during the review under

20 subsection (a) of this section and the report of the Comptroller General sub21 mitted under subsection (c) of this section.

22 (c) COMPTROLLER GENERAL’S STUDY AND REPORT.—The Comptroller

23 General shall study the effectiveness of the Secretary’s enforcement of track

24 safety standards, with particular attention to recent relevant railroad acci25 dent experience and information. Not later than September 3, 1993, the

26 Comptroller General shall submit a report to Congress and the Secretary

27 on the results of the study, with recommendations for improving enforce28 ment of those standards.

29 § 20143. Locomotive visibility

30 (a) DEFINITION.—In this section, ‘‘locomotive visibility’’ means the en31 hancement of day and night visibility of the front end unit of a train, con32 sidering in particular the visibility and perspective of a driver of a motor

33 vehicle at a grade crossing.

34 (b) INTERIM REGULATIONS.—Not later than December 31, 1992, the

35 Secretary of Transportation shall prescribe temporary regulations identify36 ing ditch, crossing, strobe, and oscillating lights as temporary locomotive

37 visibility measures and authorizing and encouraging the installation and use

38 of those lights. Subchapter II of chapter 5 of title 5 does not apply to a

39 temporary regulation or to an amendment to a temporary regulation.

40 (c) REVIEW OF REGULATIONS.—The Secretary shall review the Sec41 retary’s regulations on locomotive visibility. Not later than December 31,
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1 1993, the Secretary shall complete the current research of the Department

2 of Transportation on locomotive visibility. In conducting the review, the Sec3 retary shall collect relevant information from operational experience by rail

4 carriers using enhanced visibility measures.

5 (d) REGULATORY PROCEEDING.—Not later than June 30, 1994, the Sec6 retary shall begin a regulatory proceeding to prescribe final regulations re7 quiring substantially enhanced locomotive visibility measures. In the pro8 ceeding, the Secretary shall consider at least—

9 (1) revisions to the existing locomotive headlight standards, including

10 standards for placement and intensity;

11 (2) requiring the use of reflective material to enhance locomotive vis12 ibility;

13 (3) requiring the use of additional alerting lights, including ditch,

14 crossing, strobe, and oscillating lights;

15 (4) requiring the use of auxiliary lights to enhance locomotive visi16 bility when viewed from the side;

17 (5) the effect of an enhanced visibility measure on the vision, health,

18 and safety of train crew members; and

19 (6) separate standards for self-propelled, push-pull, and multi-unit

20 passenger operations without a dedicated head end locomotive.

21 (e) FINAL REGULATIONS.—(1) Not later than June 30, 1995, the Sec22 retary shall prescribe final regulations requiring enhanced locomotive visi23 bility measures. The Secretary shall require that not later than December

24 31, 1997, a locomotive not excluded from the regulations be equipped with

25 temporary visibility measures under subsection (b) of this section or the visi26 bility measures the final regulations require.

27 (2) In prescribing regulations under paragraph (1) of this subsection, the

28 Secretary may exclude a category of trains or rail operations from a specific

29 visibility requirement if the Secretary decides the exclusion is in the public

30 interest and is consistent with rail safety, including grade-crossing safety.

31 (3) A locomotive equipped with temporary visibility measures prescribed

32 under subsection (b) of this section when final regulations are prescribed

33 under paragraph (1) of this subsection is deemed to be complying with the

34 final regulations for 4 years after the final regulations are prescribed.

35 CHAPTER 203—SAFETY APPLIANCES

Sec.

20301. Definition and nonapplication.

20302. General requirements.

20303. Exemption for moving defective and insecure vehicles needing repairs.

20304. Assumption of risk by employees.

20305. Inspection of mail cars.
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1 § 20301. Definition and nonapplication

2 (a) DEFINITION.—In this chapter, ‘‘vehicle’’ means a car, locomotive, ten3 der, or similar vehicle.

4 (b) NONAPPLICATION.—This chapter does not apply to the following:

5 (1) a train of 4-wheel coal cars.

6 (2) a train of 8-wheel standard logging cars if the height of each car

7 from the top of the rail to the center of the coupling is not more than

8 25 inches.

9 (3) a locomotive used in hauling a train referred to in clause (2) of

10 this subsection when the locomotive and cars of the train are used only

11 to transport logs.

12 § 20302. General requirements

13 (a) GENERAL.—Except as provided in subsection (c) of this section and

14 section 20303 of this title, a railroad carrier may use or allow to be used

15 on any of its railroad lines—

16 (1) a vehicle only if it is equipped with—

17 (A) couplers coupling automatically by impact, and capable of

18 being uncoupled, without the necessity of individuals going be19 tween the ends of the vehicles;

20 (B) secure sill steps and efficient hand brakes; and

21 (C) secure ladders and running boards when required by the

22 Secretary of Transportation, and, if ladders are required, secure

23 handholds or grab irons on its roof at the top of each ladder;

24 (2) except as otherwise ordered by the Secretary, a vehicle only if

25 it is equipped with secure grab irons or handholds on its ends and sides

26 for greater security to individuals in coupling and uncoupling vehicles;

27 (3) a vehicle only if it complies with the standard height of drawbars

28 required by regulations prescribed by the Secretary;

29 (4) a locomotive only if it is equipped with a power-driving wheel

30 brake and appliances for operating the train-brake system; and

31 (5) a train only if—

32 (A) enough of the vehicles in the train are equipped with power

33 or train brakes so that the engineer on the locomotive hauling the

34 train can control the train’s speed without the necessity of brake

35 operators using the common hand brakes for that purpose; and

36 (B) at least 50 percent of the vehicles in the train are equipped

37 with power or train brakes and the engineer is using the power

38 or train brakes on those vehicles and on all other vehicles equipped

39 with them that are associated with those vehicles in the train.

40 (b) REFUSAL TO RECEIVE VEHICLES NOT PROPERLY EQUIPPED.—A

41 railroad carrier complying with subsection (a)(5)(A) of this section may
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1 refuse to receive from a railroad line of a connecting railroad carrier or a

2 shipper a vehicle that is not equipped with power or train brakes that will

3 work and readily interchange with the power or train brakes in use on the

4 vehicles of the complying railroad carrier.

5 (c) COMBINED VEHICLES LOADING AND HAULING LONG COMMOD6 ITIES.—Notwithstanding subsection (a)(1)(B) of this section, when vehicles

7 are combined to load and haul long commodities, only one of the vehicles

8 must have hand brakes during the loading and hauling.

9 (d) AUTHORITY TO CHANGE REQUIREMENTS.—The Secretary may—

10 (1) change the number, dimensions, locations, and manner of appli11 cation prescribed by the Secretary for safety appliances required by

12 subsection (a)(1)(B) and (C) and (2) of this section only for good cause

13 and after providing an opportunity for a full hearing;

14 (2) amend regulations for installing, inspecting, maintaining, and re15 pairing power and train brakes only for the purpose of achieving safety;

16 and

17 (3) increase, after an opportunity for a full hearing, the minimum

18 percentage of vehicles in a train that are required by subsection

19 (a)(5)(B) of this section to be equipped and used with power or train

20 brakes.

21 (e) SERVICES OF ASSOCIATION OF AMERICAN RAILROADS.—In carrying

22 out subsection (d)(2) and (3) of this section, the Secretary may use the

23 services of the Association of American Railroads.

24 § 20303. Exemption for moving defective and insecure vehi25 cles needing repairs

26 (a) GENERAL.—A vehicle that is equipped in compliance with this chapter

27 whose equipment becomes defective or insecure nevertheless may be moved

28 when necessary to make repairs, without a penalty being imposed under sec29 tion 20306 of this title, from the place at which the defect or insecurity was

30 first discovered to the nearest available place at which the repairs can be

31 made—

32 (1) on the railroad line on which the defect or insecurity was discov33 ered; or

34 (2) at the option of a connecting railroad carrier, on the railroad line

35 of the connecting carrier, if not farther than the place of repair de36 scribed in clause (1) of this subsection.

37 (b) USE OF CHAINS INSTEAD OF DRAWBARS.—A vehicle in a revenue

38 train or in association with commercially-used vehicles may be moved under

39 this section with chains instead of drawbars only when the vehicle contains

40 livestock or perishable freight.
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1 (c) LIABILITY.—The movement of a vehicle under this section is at the

2 risk only of the railroad carrier doing the moving. This section does not re3 lieve a carrier from liability in a proceeding to recover damages for death

4 or injury of a railroad employee arising from the movement of a vehicle with

5 equipment that is defective, insecure, or not maintained in compliance with

6 this chapter.

7 § 20304. Assumption of risk by employees

8 An employee of a railroad carrier injured by a vehicle or train used in

9 violation of section 20302(a)(1)(A), (2), (4), or (5)(A) of this title does not

10 assume the risk of injury resulting from the violation, even if the employee

11 continues to be employed by the carrier after learning of the violation.

12 § 20305. Inspection of mail cars

13 The Secretary of Transportation shall inspect the construction, adapt14 ability, design, and condition of mail cars used on railroads in the United

15 States. The Secretary shall make a report on the inspection and submit a

16 copy of the report to the United States Postal Service.

17 CHAPTER 205—SIGNAL SYSTEMS

Sec.

20501. Definition.

20502. Requirements for installation and use.

20503. Amending regulations and changing requirements.

20504. Inspection, testing, and investigation.

20505. Reports of malfunctions and accidents.

18 § 20501. Definition

19 In this chapter, ‘‘signal system’’ means a block signal system, an inter20 locking, automatic train stop, train control, or cab-signal device, or a similar

21 appliance, method, device, or system intended to promote safety in railroad

22 operations.

23 § 20502. Requirements for installation and use

24 (a) INSTALLATION.—(1) When the Secretary of Transportation decides

25 after an investigation that it is necessary in the public interest, the Sec26 retary may order a railroad carrier to install, on any part of its railroad

27 line, a signal system that complies with requirements of the Secretary. The

28 order must allow the carrier a reasonable time to complete the installation.

29 A carrier may discontinue or materially alter a signal system required under

30 this paragraph only with the approval of the Secretary.

31 (2) A railroad carrier ordered under paragraph (1) of this subsection to

32 install a signal system on one part of its railroad line may not be held neg33 ligent for not installing the system on any part of its line that was not in34 cluded in the order. If an accident or incident occurs on a part of the line

35 on which the signal system was not required to be installed and was not
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1 installed, the use of the system on another part of the line may not be con2 sidered in a civil action brought because of the accident or incident.

3 (b) USE.—A railroad carrier may allow a signal system to be used on its

4 railroad line only when the system, including its controlling and operating

5 appurtenances—

6 (1) may be operated safely without unnecessary risk of personal in7 jury; and

8 (2) has been inspected and can meet any test prescribed under this

9 chapter.

10 § 20503. Amending regulations and changing requirements

11 The Secretary of Transportation may amend a regulation or change a re12 quirement applicable to a railroad carrier for installing, maintaining, in13 specting, or repairing a signal system under this chapter—

14 (1) when the carrier files with the Secretary a request for the

15 amendment or change and the Secretary approves the request; or

16 (2) on the Secretary’s own initiative for good cause shown.

17 § 20504. Inspection, testing, and investigation

18 (a) SYSTEMS IN USE.—(1) The Secretary of Transportation may—

19 (A) inspect and test a signal system used by a railroad carrier; and

20 (B) decide whether the system is in safe operating condition.

21 (2) In carrying out this subsection, the Secretary may employ only an in22 dividual who—

23 (A) has no interest in a patented article required to be used on or

24 with a signal system; and

25 (B) has no financial interest in a railroad carrier or in a concern

26 dealing in railroad supplies.

27 (b) SYSTEMS SUBMITTED FOR INVESTIGATION AND TESTING.—The Sec28 retary may investigate, test, and report on the use of and need for a signal

29 system, without cost to the United States Government, when the system is

30 submitted in completed shape for investigation and testing.

31 § 20505. Reports of malfunctions and accidents

32 In the way and to the extent required by the Secretary of Transportation,

33 a railroad carrier shall report to the Secretary a failure of a signal system

34 to function as intended. If the failure results in an accident or incident

35 causing injury to an individual or property that is required to be reported

36 under regulations prescribed by the Secretary, the carrier owning or main37 taining the signal system shall report to the Secretary immediately in writ38 ing the fact of the accident or incident.

39 CHAPTER 207—LOCOMOTIVES

Sec.

20701. Requirements for use.
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20702. Inspections, repairs, and inspection and repair reports.

20703. Accident reports and investigations.

1 § 20701. Requirements for use

2 A railroad carrier may use or allow to be used a locomotive or tender on

3 its railroad line only when the locomotive or tender and its parts and appur4 tenances—

5 (1) are in proper condition and safe to operate without unnecessary

6 danger of personal injury;

7 (2) have been inspected as required under this chapter and regula8 tions prescribed by the Secretary of Transportation under this chapter;

9 and

10 (3) can withstand every test prescribed by the Secretary under this

11 chapter.

12 § 20702. Inspections, repairs, and inspection and repair re13 ports

14 (a) GENERAL.—The Secretary of Transportation shall—

15 (1) become familiar, so far as practicable, with the condition of every

16 locomotive and tender and its parts and appurtenances;

17 (2) inspect every locomotive and tender and its parts and appur18 tenances as necessary to carry out this chapter, but not necessarily at

19 stated times or at regular intervals; and

20 (3) ensure that every railroad carrier makes inspections of loco21 motives and tenders and their parts and appurtenances as required by

22 regulations prescribed by the Secretary and repairs every defect that

23 is disclosed by an inspection before a defective locomotive, tender, part,

24 or appurtenance is used again.

25 (b) NONCOMPLYING LOCOMOTIVES, TENDERS, AND PARTS.—(1) When

26 the Secretary finds that a locomotive, tender, or locomotive or tender part

27 or appurtenance owned or operated by a railroad carrier does not comply

28 with this chapter or a regulation prescribed under this chapter, the Sec29 retary shall give the carrier written notice describing any defect resulting

30 in noncompliance. Not later than 5 days after receiving the notice of non31 compliance, the carrier may submit a written request for a reinspection. On

32 receiving the request, the Secretary shall provide for the reinspection by an

33 officer or employee of the Department of Transportation who did not make

34 the original inspection. The reinspection shall be made not later than 15

35 days after the date the Secretary gives the notice of noncompliance.

36 (2) Immediately after the reinspection is completed, the Secretary shall

37 give written notice to the railroad carrier stating whether the locomotive,

38 tender, part, or appurtenance is in compliance. If the original finding of

39 noncompliance is sustained, the carrier has 30 days after receipt of the no-
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1 tice to file an appeal with the Secretary. If the carrier files an appeal, the

2 Secretary, after providing an opportunity for a proceeding, may revise or

3 set aside the finding of noncompliance.

4 (3) A locomotive, tender, part, or appurtenance found not in compliance

5 under this subsection may be used only after it is—

6 (A) repaired to comply with this chapter and regulations prescribed

7 under this chapter; or

8 (B) found on reinspection or appeal to be in compliance.

9 (c) REPORTS.—A railroad carrier shall make and keep, in the way the

10 Secretary prescribes by regulation, a report of every—

11 (1) inspection made under regulations prescribed by the Secretary;

12 and

13 (2) repair made of a defect disclosed by such an inspection.

14 (d) CHANGES IN INSPECTION PROCEDURES.—A railroad carrier may

15 change a rule or instruction of the carrier governing the inspection by the

16 carrier of the locomotives and tenders and locomotive and tender parts and

17 appurtenances of the carrier when the Secretary approves a request filed by

18 the carrier to make the change.

19 § 20703. Accident reports and investigations

20 (a) ACCIDENT REPORTS AND SCENE PRESERVATION.—When the failure

21 of a locomotive, tender, or locomotive or tender part or appurtenance results

22 in an accident or incident causing serious personal injury or death, the rail23 road carrier owning or operating the locomotive or tender—

24 (1) immediately shall file with the Secretary of Transportation a

25 written statement of the fact of the accident or incident; and

26 (2) when the locomotive is disabled to the extent it cannot be oper27 ated under its own power, shall preserve intact all parts affected by the

28 accident or incident, if possible without interfering with traffic, until

29 an investigation of the accident or incident is completed.

30 (b) INVESTIGATIONS.—The Secretary shall—

31 (1) investigate each accident and incident reported under subsection

32 (a) of this section;

33 (2) inspect each part affected by the accident or incident; and

34 (3) make a complete and detailed report on the cause of the accident

35 or incident.

36 (c) PUBLICATION AND USE OF INVESTIGATION REPORTS.—When the

37 Secretary considers publication to be in the public interest, the Secretary

38 may publish a report of an investigation made under this section, stating

39 the cause of the accident or incident and making appropriate recommenda40 tions. No part of a report may be admitted into evidence or used in a civil

41 action for damages resulting from a matter mentioned in the report.
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1 CHAPTER 209—ACCIDENTS AND INCIDENTS

Sec.

20901. Reports.

20902. Investigations.

20903. Reports not evidence in civil actions for damages.

2 § 20901. Reports

3 (a) GENERAL REQUIREMENTS.—Not later than 30 days after the end of

4 each month, a railroad carrier shall file a report with the Secretary of

5 Transportation on all accidents and incidents resulting in injury or death

6 to an individual or damage to equipment or a roadbed arising from the car7 rier’s operations during the month. The report shall be under oath and shall

8 state the nature, cause, and circumstances of each reported accident or inci9 dent. If a railroad carrier assigns human error as a cause, the report shall

10 include, at the option of each employee whose error is alleged, a statement

11 by the employee explaining any factors the employee alleges contributed to

12 the accident or incident.

13 (b) MONETARY THRESHOLD FOR REPORTING.—(1) In establishing or

14 changing a monetary threshold for the reporting of a railroad accident or

15 incident, the Secretary shall base damage cost calculations only on publicly

16 available information obtained from—

17 (A) the Bureau of Labor Statistics; or

18 (B) another department, agency, or instrumentality of the United

19 States Government if the information has been collected through objec20 tive, statistically sound survey methods or has been previously subject

21 to a public notice and comment process in a proceeding of a Govern22 ment department, agency, or instrumentality.

23 (2) If information is not available as provided in paragraph (1)(A) or (B)

24 of this subsection, the Secretary may use any other source to obtain the in25 formation. However, use of the information shall be subject to public notice

26 and an opportunity for written comment.

27 § 20902. Investigations

28 (a) GENERAL AUTHORITY.—The Secretary of Transportation, or an im29 partial investigator authorized by the Secretary, may investigate—

30 (1) an accident or incident resulting in serious injury to an individ31 ual or to railroad property, occurring on the railroad line of a railroad

32 carrier; and

33 (2) an accident or incident reported under section 20505 of this title.

34 (b) OTHER DUTIES AND POWERS.—In carrying out an investigation, the

35 Secretary or authorized investigator may subpena witnesses, require the pro36 duction of records, exhibits, and other evidence, administer oaths, and take

37 testimony. If the accident or incident is investigated by a commission of the

38 State in which it occurred, the Secretary, if convenient, shall carry out the
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1 investigation at the same time as, and in coordination with, the commis2 sion’s investigation. The railroad carrier on whose railroad line the accident

3 or incident occurred shall provide reasonable facilities to the Secretary for

4 the investigation.

5 (c) REPORTS.—When in the public interest, the Secretary shall make a

6 report of the investigation, stating the cause of the accident or incident and

7 making recommendations the Secretary considers appropriate. The Sec8 retary shall publish the report in a way the Secretary considers appropriate.

9 § 20903. Reports not evidence in civil actions for damages

10 No part of an accident or incident report filed by a railroad carrier under

11 section 20901 of this title or made by the Secretary of Transportation

12 under section 20902 of this title may be used in a civil action for damages

13 resulting from a matter mentioned in the report.

14 CHAPTER 211—HOURS OF SERVICE

Sec.

21101. Definitions.

21102. Nonapplication and exemption.

21103. Limitations on duty hours of train employees.

21104. Limitations on duty hours of signal employees.

21105. Limitations on duty hours of dispatching service employees.

21106. Limitations on employee sleeping quarters.

21107. Maximum duty hours and subjects of collective bargaining.

15 § 21101. Definitions

16 In this chapter—

17 (1) ‘‘designated terminal’’ means the home or away-from-home ter18 minal for the assignment of a particular crew.

19 (2) ‘‘dispatching service employee’’ means an operator, train dis20 patcher, or other train employee who by the use of an electrical or me21 chanical device dispatches, reports, transmits, receives, or delivers or22 ders related to or affecting train movements.

23 (3) ‘‘employee’’ means a dispatching service employee, a signal em24 ployee, or a train employee.

25 (4) ‘‘signal employee’’ means an individual employed by a railroad

26 carrier who is engaged in installing, repairing, or maintaining signal

27 systems.

28 (5) ‘‘train employee’’ means an individual engaged in or connected

29 with the movement of a train, including a hostler.

30 § 21102. Nonapplication and exemption

31 (a) GENERAL.—This chapter does not apply to a situation involving any

32 of the following:

33 (1) a casualty.

34 (2) an unavoidable accident.

35 (3) an act of God.
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1 (4) a delay resulting from a cause unknown and unforeseeable to a

2 railroad carrier or its officer or agent in charge of the employee when

3 the employee left a terminal.

4 (b) EXEMPTION.—The Secretary of Transportation may exempt a rail5 road carrier having not more than 15 employees covered by this chapter

6 from the limitations imposed by this chapter. The Secretary may allow the

7 exemption after a full hearing, for good cause shown, and on deciding that

8 the exemption is in the public interest and will not affect safety adversely.

9 The exemption shall be for a specific period of time and is subject to review

10 at least annually. The exemption may not authorize a carrier to require or

11 allow its employees to be on duty more than a total of 16 hours in a 24-

12 hour period.

13 § 21103. Limitations on duty hours of train employees

14 (a) GENERAL.—Except as provided in subsection (c) of this section, a

15 railroad carrier and its officers and agents may not require or allow a train

16 employee to remain or go on duty—

17 (1) unless that employee has had at least 8 consecutive hours off

18 duty during the prior 24 hours; or

19 (2) after that employee has been on duty for 12 consecutive hours,

20 until that employee has had at least 10 consecutive hours off duty.

21 (b) DETERMINING TIME ON DUTY.—In determining under subsection (a)

22 of this section the time a train employee is on or off duty, the following

23 rules apply:

24 (1) Time on duty begins when the employee reports for duty and

25 ends when the employee is finally released from duty.

26 (2) Time the employee is engaged in or connected with the movement

27 of a train is time on duty.

28 (3) Time spent performing any other service for the railroad carrier

29 during a 24-hour period in which the employee is engaged in or con30 nected with the movement of a train is time on duty.

31 (4) Time spent in deadhead transportation to a duty assignment is

32 time on duty, but time spent in deadhead transportation from a duty

33 assignment to the place of final release is neither time on duty nor time

34 off duty.

35 (5) An interim period available for rest at a place other than a des36 ignated terminal is time on duty.

37 (6) An interim period available for less than 4 hours rest at a des38 ignated terminal is time on duty.

39 (7) An interim period available for at least 4 hours rest at a place

40 with suitable facilities for food and lodging is not time on duty when
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1 the employee is prevented from getting to the employee’s designated

2 terminal by any of the following:

3 (A) a casualty.

4 (B) a track obstruction.

5 (C) an act of God.

6 (D) a derailment or major equipment failure resulting from a

7 cause that was unknown and unforeseeable to the railroad carrier

8 or its officer or agent in charge of that employee when that em9 ployee left the designated terminal.

10 (c) EMERGENCIES.—A train employee on the crew of a wreck or relief

11 train may be allowed to remain or go on duty for not more than 4 addi12 tional hours in any period of 24 consecutive hours when an emergency exists

13 and the work of the crew is related to the emergency. In this subsection,

14 an emergency ends when the track is cleared and the railroad line is open

15 for traffic.

16 § 21104. Limitations on duty hours of signal employees

17 (a) GENERAL.—(1) In paragraph (2)(C) of this subsection, ‘‘24-hour pe18 riod’’ means the period beginning when a signal employee reports for duty

19 immediately after 8 consecutive hours off duty or, when required under

20 paragraph (2)(B) of this subsection, after 10 consecutive hours off duty.

21 (2) Except as provided in subsection (c) of this section, a railroad carrier

22 and its officers and agents may not require or allow a signal employee to

23 remain or go on duty—

24 (A) unless that employee has had at least 8 consecutive hours off

25 duty during the prior 24 hours;

26 (B) after that employee has been on duty for 12 consecutive hours,

27 until that employee has had at least 10 consecutive hours off duty; or

28 (C) after that employee has been on duty a total of 12 hours during

29 a 24-hour period, or after the end of that 24-hour period, whichever

30 occurs first, until that employee has had at least 8 consecutive hours

31 off duty.

32 (b) DETERMINING TIME ON DUTY.—In determining under subsection (a)

33 of this section the time a signal employee is on duty or off duty, the follow34 ing rules apply:

35 (1) Time on duty begins when the employee reports for duty and

36 ends when the employee is finally released from duty.

37 (2) Time spent performing any other service for the railroad carrier

38 during a 24-hour period in which the employee is engaged in installing,

39 repairing, or maintaining signal systems is time on duty.

40 (3) Time spent returning from a trouble call, whether the employee

41 goes directly to the employee’s residence or by way of the employee’s
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1 headquarters, is neither time on duty nor time off duty, except that

2 up to one hour of that time spent returning from the final trouble call

3 of a period of continuous or broken service is time off duty.

4 (4) If, at the end of scheduled duty hours, an employee has not com5 pleted the trip from the final outlying worksite of the duty period to

6 the employee’s headquarters or directly to the employee’s residence, the

7 time after the scheduled duty hours necessarily spent in completing the

8 trip to the residence or headquarters is neither time on duty nor time

9 off duty.

10 (5) If an employee is released from duty at an outlying worksite be11 fore the end of the employee’s scheduled duty hours to comply with this

12 section, the time necessary for the trip from the worksite to the em13 ployee’s headquarters or directly to the employee’s residence is neither

14 time on duty nor time off duty.

15 (6) Time spent in transportation on an ontrack vehicle, including

16 time referred to in paragraphs (3)–(5) of this subsection, is time on

17 duty.

18 (7) A regularly scheduled meal period or another release period of

19 at least 30 minutes but not more than one hour is time off duty and

20 does not break the continuity of service of the employee under this sec21 tion, but a release period of more than one hour is time off duty and

22 does break the continuity of service.

23 (c) EMERGENCIES.—A signal employee may be allowed to remain or go

24 on duty for not more than 4 additional hours in any period of 24 consecu25 tive hours when an emergency exists and the work of that employee is relat26 ed to the emergency. In this subsection, an emergency ends when the signal

27 system is restored to service.

28 § 21105. Limitations on duty hours of dispatching service

29 employees

30 (a) APPLICATION.—This section applies, rather than section 21103 or

31 21104 of this title, to a train employee or signal employee during any period

32 of time the employee is performing duties of a dispatching service employee.

33 (b) GENERAL.—Except as provided in subsection (d) of this section, a

34 dispatching service employee may not be required or allowed to remain or

35 go on duty for more than—

36 (1) a total of 9 hours during a 24-hour period in a tower, office, sta37 tion, or place at which at least 2 shifts are employed; or

38 (2) a total of 12 hours during a 24-hour period in a tower, office,

39 station, or place at which only one shift is employed.

40 (c) DETERMINING TIME ON DUTY.—Under subsection (b) of this section,

41 time spent performing any other service for the railroad carrier during a
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1 24-hour period in which the employee is on duty in a tower, office, station,

2 or other place is time on duty in that tower, office, station, or place.

3 (d) EMERGENCIES.—When an emergency exists, a dispatching service em4 ployee may be allowed to remain or go on duty for not more than 4 addi5 tional hours during a period of 24 consecutive hours for not more than 3

6 days during a period of 7 consecutive days.

7 § 21106. Limitations on employee sleeping quarters

8 A railroad carrier and its officers and agents—

9 (1) may provide sleeping quarters (including crew quarters, camp or

10 bunk cars, and trailers) for employees, and any individuals employed

11 to maintain the right of way of a railroad carrier, only if the sleeping

12 quarters are clean, safe, and sanitary and give those employees and in13 dividuals an opportunity for rest free from the interruptions caused by

14 noise under the control of the carrier; and

15 (2) may not begin, after July 7, 1976, construction or reconstruction

16 of sleeping quarters referred to in clause (1) of this section in an area

17 or in the immediate vicinity of an area, as determined under regula18 tions prescribed by the Secretary of Transportation, in which railroad

19 switching or humping operations are performed.

20 § 21107. Maximum duty hours and subjects of collective bar21 gaining

22 The number of hours established by this chapter that an employee may

23 be required or allowed to be on duty is the maximum number of hours con24 sistent with safety. Shorter hours of service and time on duty of an em25 ployee are proper subjects for collective bargaining between a railroad car26 rier and its employees.

27 CHAPTER 213—PENALTIES

28 SUBCHAPTER I—CIVIL PENALTIES

Sec.

21301. Chapter 201 general violations.

21302. Chapter 201 accident and incident violations and chapter 203–209 violations.

21303. Chapter 211 violations.

21304. Willfulness requirement for penalties against individuals.

SUBCHAPTER II—CRIMINAL PENALTIES

21311. Records and reports.

29 SUBCHAPTER I—CIVIL PENALTIES

30 § 21301. Chapter 201 general violations

31 (a) PENALTY.—(1) Subject to section 21304 of this title, a person violat32 ing a regulation prescribed or order issued by the Secretary of Transpor33 tation under chapter 201 of this title is liable to the United States Govern34 ment for a civil penalty. The Secretary shall impose the penalty applicable
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1 under paragraph (2) of this subsection. A separate violation occurs for each

2 day the violation continues.

3 (2) The Secretary shall include in, or make applicable to, each regulation

4 prescribed and order issued under chapter 201 of this title a civil penalty

5 for a violation. The amount of the penalty shall be at least $500 but not

6 more than $10,000. However, when a grossly negligent violation or a pat7 tern of repeated violations has caused an imminent hazard of death or in8 jury to individuals, or has caused death or injury, the amount may be not

9 more than $20,000.

10 (3) The Secretary may compromise the amount of a civil penalty imposed

11 under this subsection to not less than $500 before referring the matter to

12 the Attorney General for collection. In determining the amount of a com13 promise, the Secretary shall consider—

14 (A) the nature, circumstances, extent, and gravity of the violation;

15 (B) with respect to the violator, the degree of culpability, any history

16 of violations, the ability to pay, and any effect on the ability to con17 tinue to do business; and

18 (C) other matters that justice requires.

19 (b) SETOFF.—The Government may deduct the amount of a civil penalty

20 imposed or compromised under this section from amounts it owes the person

21 liable for the penalty.

22 (c) DEPOSIT IN TREASURY.—A civil penalty collected under this section

23 or section 20113(b) of this title shall be deposited in the Treasury as mis24 cellaneous receipts.

25 § 21302. Chapter 201 accident and incident violations and

26 chapter 203–209 violations

27 (a) PENALTY.—(1) Subject to section 21304 of this title, a person violat28 ing a regulation prescribed or order issued under chapter 201 of this title

29 related to accident and incident reporting or investigation, or violating chap30 ters 203–209 of this title or a regulation or requirement prescribed or order

31 issued under chapters 203–209, is liable to the United States Government

32 for a civil penalty. An act by an individual that causes a railroad carrier

33 to be in violation is a violation. A separate violation occurs for each day

34 the violation continues.

35 (2) The Secretary of Transportation imposes a civil penalty under this

36 subsection. The amount of the penalty shall be at least $500 but not more

37 than $10,000. However, when a grossly negligent violation or a pattern of

38 repeated violations has caused an imminent hazard of death or injury to in39 dividuals, or has caused death or injury, the amount may be not more than

40 $20,000.
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1 (3) The Secretary may compromise the amount of the civil penalty under

2 section 3711 of title 31. In determining the amount of a compromise, the

3 Secretary shall consider—

4 (A) the nature, circumstances, extent, and gravity of the violation;

5 (B) with respect to the violator, the degree of culpability, any history

6 of violations, the ability to pay, and any effect on the ability to con7 tinue to do business; and

8 (C) other matters that justice requires.

9 (4) If the Secretary does not compromise the amount of the civil penalty,

10 the Secretary shall refer the matter to the Attorney General for collection.

11 (b) CIVIL ACTIONS TO COLLECT.—The Attorney General shall bring a

12 civil action in a district court of the United States to collect a civil penalty

13 that is referred to the Attorney General for collection under subsection (a)

14 of this section. The action may be brought in the judicial district in which

15 the violation occurred or the defendant has its principal executive office. If

16 the action is against an individual, the action also may be brought in the

17 judicial district in which the individual resides.

18 § 21303. Chapter 211 violations

19 (a) PENALTY.—(1) Subject to section 21304 of this title, a person violat20 ing chapter 211 of this title is liable to the United States Government for

21 a civil penalty. An act by an individual that causes a railroad carrier to be

22 in violation is a violation. For a violation of section 21106 of this title, a

23 separate violation occurs for each day a facility is not in compliance.

24 (2) The Secretary of Transportation imposes a civil penalty under this

25 subsection. The amount of the penalty shall be at least $500 but not more

26 than $10,000. However, when a grossly negligent violation or a pattern of

27 repeated violations has caused an imminent hazard of death or injury to in28 dividuals, or has caused death or injury, the amount may be not more than

29 $20,000.

30 (3) The Secretary may compromise the amount of the civil penalty under

31 section 3711 of title 31. In determining the amount of a compromise, the

32 Secretary shall consider—

33 (A) the nature, circumstances, extent, and gravity of the violation;

34 (B) with respect to the violator, the degree of culpability, any history

35 of violations, the ability to pay, and any effect on the ability to con36 tinue to do business; and

37 (C) other matters that justice requires.

38 (4) If the Secretary does not compromise the amount of the civil penalty,

39 the Secretary shall refer the matter to the Attorney General for collection.

40 (b) CIVIL ACTIONS TO COLLECT.—(1) The Attorney General shall bring

41 a civil action in a district court of the United States to collect a civil penalty
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1 that is referred to the Attorney General for collection under subsection (a)

2 of this section after satisfactory information is presented to the Attorney

3 General. The action may be brought in the judicial district in which the vio4 lation occurred or the defendant has its principal executive office. If the ac5 tion is against an individual, the action also may be brought in the judicial

6 district in which the individual resides.

7 (2) A civil action under this subsection must be brought not later than

8 2 years after the date of the violation unless administrative notification

9 under section 3711 of title 31 is given within that 2-year period to the per10 son committing the violation. However, even if notification is given, the ac11 tion must be brought within the period specified in section 2462 of title 28.

12 (c) IMPUTATION OF KNOWLEDGE.—In any proceeding under this section,

13 a railroad carrier is deemed to know the acts of its officers and agents.

14 § 21304. Willfulness requirement for penalties against indi15 viduals

16 A civil penalty under this subchapter may be imposed against an individ17 ual only for a willful violation. An individual is deemed not to have commit18 ted a willful violation if the individual was following the direct order of a

19 railroad carrier official or supervisor under protest communicated to the of20 ficial or supervisor. The individual is entitled to document the protest.

21 SUBCHAPTER II—CRIMINAL PENALTIES

22 § 21311. Records and reports

23 (a) RECORDS AND REPORTS UNDER CHAPTER 201.—A person shall be

24 fined under title 18, imprisoned for not more than 2 years, or both, if the

25 person knowingly and willfully—

26 (1) makes a false entry in a record or report required to be made

27 or preserved under chapter 201 of this title;

28 (2) destroys, mutilates, changes, or by another means falsifies such

29 a record or report;

30 (3) does not enter required specified facts and transactions in such

31 a record or report;

32 (4) makes or preserves such a record or report in violation of a regu33 lation prescribed or order issued under chapter 201 of this title; or

34 (5) files a false record or report with the Secretary of Transpor35 tation.

36 (b) ACCIDENT AND INCIDENT REPORTS.—A railroad carrier not filing the

37 report required by section 20901 of this title shall be fined not more than

38 $500 for each violation and not more than $500 for each day during which

39 the report is overdue.
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1 PART B—ASSISTANCE

2 CHAPTER 221—LOCAL RAIL FREIGHT ASSISTANCE

Sec.

22101. Financial assistance for State projects.

22102. Eligibility.

22103. Applications.

22104. State rail plan financing.

22105. Sharing project costs.

22106. Limitations on financial assistance.

22107. Records, audits, and information.

22108. Authorization of appropriations.

3 § 22101. Financial assistance for State projects

4 (a) GENERAL.—The Secretary of Transportation shall provide financial

5 assistance to a State, as provided under this chapter, for a rail freight as6 sistance project of the State when a rail carrier subject to subchapter I of

7 chapter 105 of this title maintains a rail line in the State. The assistance

8 is for the cost of—

9 (1) acquiring, in any way the State considers appropriate, an interest

10 in a rail line or rail property to maintain existing, or to provide future,

11 rail freight transportation, but only if the Interstate Commerce Com12 mission has authorized, or exempted from the requirements of that au13 thorization, the abandonment of, or the discontinuance of rail transpor14 tation on, the rail line related to the project;

15 (2) improving and rehabilitating rail property on a rail line to the

16 extent necessary to allow adequate and efficient rail freight transpor17 tation on the line, but only if the rail carrier certifies that the rail line

18 related to the project carried not more than 5,000,000 gross ton-miles

19 of freight a mile in the prior year; and

20 (3) building rail or rail-related facilities (including new connections

21 between at least 2 existing rail lines, intermodal freight terminals, sid22 ings, bridges, and relocation of existing lines) to improve the quality

23 and efficiency of the rail freight transportation, but only if the rail car24 rier certifies that the rail line related to the project carried not more

25 than 5,000,000 gross ton-miles of freight a mile in the prior year.

26 (b) CALCULATING COST-BENEFIT RATIO.—The Secretary shall establish

27 a methodology for calculating the ratio of benefits to costs of projects pro28 posed under this chapter. In establishing the methodology, the Secretary

29 shall consider the need for equitable treatment of different regions of the

30 United States and different commodities transported by rail. The establish31 ment of the methodology is committed to the discretion of the Secretary.

32 (c) CONDITIONS.—(1) Assistance for a project shall be provided under

33 this chapter only if—
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1 (A) a rail carrier certifies that the rail line related to the project car2 ried more than 20 carloads a mile during the most recent year during

3 which transportation was provided by the carrier on the line; and

4 (B) the ratio of benefits to costs for the project, as calculated using

5 the methodology established under subsection (b) of this section, is

6 more than 1.0.

7 (2) If the rail carrier that provided the transportation on the rail line is

8 no longer in existence, the applicant for the project shall provide the infor9 mation required by the certification under paragraph (1)(A) of this sub10 section in the way the Secretary prescribes.

11 (3) The Secretary may waive the requirement of paragraph (1)(A) or (2)

12 of this subsection if the Secretary—

13 (A) decides that the rail line has contractual guarantees of at least

14 40 carloads a mile for each of the first 2 years of operation of the pro15 posed project; and

16 (B) finds that there is a reasonable expectation that the contractual

17 guarantees will be fulfilled.

18 (d) LIMITATIONS ON AMOUNTS.—A State may not receive more than 15

19 percent of the amounts provided in a fiscal year under this chapter. Not

20 more than 20 percent of the amounts available under this chapter may be

21 provided in a fiscal year for any one project.

22 § 22102. Eligibility

23 A State is eligible to receive financial assistance under this chapter only

24 when the State complies with regulations the Secretary of Transportation

25 prescribes under this chapter and the Secretary decides that—

26 (1) the State has an adequate plan for rail transportation in the

27 State and a suitable process for updating, revising, and modifying the

28 plan;

29 (2) the State plan is administered or coordinated by a designated

30 State authority and provides for a fair distribution of resources;

31 (3) the State authority—

32 (A) is authorized to develop, promote, supervise, and support

33 safe, adequate, and efficient rail transportation;

34 (B) employs or will employ sufficient qualified and trained per35 sonnel;

36 (C) maintains or will maintain adequate programs of investiga37 tion, research, promotion, and development with opportunity for

38 public participation; and

39 (D) is designated and directed to take all practicable steps (by

40 itself or with other State authorities) to improve rail transpor-
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1 tation safety and reduce energy use and pollution related to trans2 portation; and

3 (4) the State has ensured that it maintains or will maintain adequate

4 procedures for financial control, accounting, and performance evalua5 tion for the proper use of assistance provided by the United States

6 Government.

7 § 22103. Applications

8 (a) FILING.—A State must file an application with the Secretary of

9 Transportation for financial assistance for a project described under section

10 22101(a) of this title not later than January 1 of the fiscal year for which

11 amounts have been appropriated. However, for a fiscal year for which the

12 authorization of appropriations for assistance under this chapter has not

13 been enacted by the first day of the fiscal year, the State must file the ap14 plication not later than 90 days after the date of enactment of a law author15 izing the appropriations for that fiscal year. The Secretary shall prescribe

16 the form of the application.

17 (b) CONSIDERATIONS.—In considering an application under this sub18 section, the Secretary shall consider the following:

19 (1) the percentage of rail lines that rail carriers have identified to

20 the Interstate Commerce Commission for abandonment or potential

21 abandonment in the State.

22 (2) the likelihood of future abandonments in the State.

23 (3) the ratio of benefits to costs for a proposed project calculated

24 using the methodology established under section 22101(b) of this title.

25 (4) the likelihood that the rail line will continue operating with as26 sistance.

27 (5) the impact of rail bankruptcies, rail restructuring, and rail merg28 ers on the State.

29 § 22104. State rail plan financing

30 (a) ENTITLEMENT AND USES.—On the first day of each fiscal year, each

31 State is entitled to $36,000 of the amounts made available under section

32 22108 of this title during that fiscal year to be used—

33 (1) to establish, update, revise, and modify the State plan required

34 by section 22102 of this title; or

35 (2) to carry out projects described in section 22101(a)(1), (2), or (3)

36 of this title, as designated by the State, if those projects meet the re37 quirements of section 22101(c)(1)(B) of this title.

38 (b) APPLICATIONS.—Each State must apply for amounts under this sec39 tion not later than the first day of the fiscal year for which the amounts

40 are available. However, for any fiscal year for which the authorization of

41 appropriations for financial assistance under this chapter has not been en-
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1 acted by the first day of the fiscal year, the State must apply for amounts

2 under this section not later than 60 days after the date of enactment of

3 a law authorizing the appropriations for that fiscal year. Not later than 60

4 days after receiving an application, the Secretary of Transportation shall

5 consider the application and notify the State of the approval or disapproval

6 of the application.

7 (c) AVAILABILITY OF AMOUNTS.—Amounts provided under this section

8 remain available to a State for obligation for the first 3 months after the

9 end of the fiscal year for which the amounts were made available. Amounts

10 not applied for under this section or that remain unobligated after the first

11 3 months after the end of the fiscal year for which the amounts were made

12 available are available to the Secretary for projects meeting the require13 ments of this chapter.

14 § 22105. Sharing project costs

15 (a) GENERAL.—(1) The United States Government’s share of the costs

16 of financial assistance for a project under this chapter is 50 percent, except

17 that for assistance provided under section 22101(a)(2) of this title, the Gov18 ernment’s share is 70 percent. The State may pay its share of the costs

19 in cash or through the following benefits, to the extent that the benefits oth20 erwise would not be provided:

21 (A) forgiveness of taxes imposed on a rail carrier or its property.

22 (B) real and tangible personal property (provided by the State or a

23 person for the State) necessary for the safe and efficient operation of

24 rail freight transportation.

25 (C) track rights secured by the State for a rail carrier.

26 (D) the cash equivalent of State salaries for State employees working

27 on the State project, except overhead and general administrative costs.

28 (2) A State may pay more than its required percentage share of the costs

29 of a project under this chapter. When a State, or a person acting for a

30 State, pays more than the State share of the costs of its projects during

31 a fiscal year, the excess amount shall be applied to the State share for the

32 costs of the State projects for later fiscal years.

33 (b) AGREEMENTS TO COMBINE AMOUNTS.—States may agree to combine

34 any part of the amounts made available under this chapter to carry out a

35 project that is eligible for assistance under this chapter when—

36 (1) the project will benefit each State making the agreement; and

37 (2) the agreement is not a violation of State law.

38 § 22106. Limitations on financial assistance

39 (a) GRANTS AND LOANS.—A State shall use financial assistance for

40 projects under this chapter to make a grant or lend money to the owner

41 of rail property, or a rail carrier providing rail transportation, related to a
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1 project being assisted. The State shall decide on the financial terms of the

2 grant or loan, except that the time for making grant advances shall comply

3 with regulations of the Secretary of the Treasury.

4 (b) HOLDING AND USE OF GOVERNMENT’S SHARE.—The State shall

5 place the United States Government’s share of money that is repaid in an

6 interest-bearing account. However, the Secretary of Transportation may

7 allow a borrower to place that money, for the benefit of the State, in a bank

8 designated by the Secretary of the Treasury under section 10 of the Act

9 of June 11, 1942 (12 U.S.C. 265). The State shall use the money and accu10 mulated interest to make other grants and loans under this chapter.

11 (c) PAYMENT OF UNUSED MONEY AND ACCUMULATED INTEREST.—The

12 State may pay the Secretary of Transportation the Government’s share of

13 unused money and accumulated interest at any time. However, the State

14 must pay the unused money and accumulated interest to the Secretary when

15 the State ends its participation under this chapter.

16 (d) ENCOURAGING PARTICIPATION.—To the maximum extent possible,

17 the State shall encourage the participation of shippers, rail carriers, and

18 local communities in paying the State share of assistance costs.

19 (e) RETENTION OF CONTINGENT INTEREST.—Each State shall retain a

20 contingent interest (redeemable preference shares) for the Government’s

21 share of amounts in a rail line receiving assistance under this chapter. The

22 State may collect its share of the amounts used for the rail line if—

23 (1) an application for abandonment of the rail line is filed under

24 chapter 109 of this title; or

25 (2) the rail line is sold or disposed of after it has received assistance

26 under this chapter.

27 § 22107. Records, audits, and information

28 (a) RECORDS.—Each recipient of financial assistance through an arrange29 ment under this chapter shall keep records required by the Secretary of

30 Transportation. The records shall be kept for 3 years after a project is com31 pleted and shall disclose—

32 (1) the amount of, and disposition by the recipient, of the assistance;

33 (2) the total costs of the project for which the assistance was given

34 or used;

35 (3) the amount of that part of the costs of the project paid by other

36 sources; and

37 (4) any other records that will make an effective audit easier.

38 (b) AUDITS.—The Secretary and the Comptroller General shall make reg39 ular financial and performance audits, as provided under chapter 75 of title

40 31, of activities and transactions assisted under this chapter.
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1 (c) INFORMATION.—The Interstate Commerce Commission shall provide

2 the Secretary with information the Secretary requests to assist in carrying

3 out this chapter. The Commission shall provide the information not later

4 than 30 days after receiving a request from the Secretary.

5 (d) LIST OF RAIL LINES.—Not later than August 1 of each year, each

6 rail carrier subject to subchapter I of chapter 105 of this title shall submit

7 to the Secretary a list of the rail lines of the carrier that carried not more

8 than 5,000,000 gross ton-miles of freight a mile in the prior year.

9 § 22108. Authorization of appropriations

10 (a) GENERAL.—(1) Not more than the following amounts may be appro11 priated to the Secretary of Transportation to carry out this chapter:

12 (A) $25,000,000 for the fiscal year ending September 30, 1993.

13 (B) $30,000,000 for the fiscal year ending September 30, 1994.

14 (2) Amounts appropriated under paragraph (1) of this subsection remain

15 available until expended.

16 (3) No amount may be appropriated to the Secretary for any period after

17 September 30, 1994, to carry out this chapter.

18 (b) DISTRIBUTION OF AMOUNTS.—The Secretary shall establish proce19 dures necessary to ensure that amounts available to the Secretary for

20 projects under this chapter are distributed not later than April 1 of the fis21 cal year for which the amounts are appropriated. If any amounts are not

22 distributed by April 1, the Secretary shall report to the Committee on En23 ergy and Commerce of the House of Representatives and the Committee on

24 Commerce, Science, and Transportation of the Senate on the status of those

25 amounts and the reasons for the delay in distribution.

26 (c) AVAILABILITY OF OTHER AMOUNTS.—Amounts appropriated to carry

27 out section 5(i) of the Department of Transportation Act for fiscal year

28 1990 that are not applied for or that remain unobligated on January 1,

29 1991, are available to the Secretary for projects under this chapter.

30 PART C—PASSENGER TRANSPORTATION

31 CHAPTER 241—GENERAL

Sec.

24101. Findings, purpose, and goals.

24102. Definitions.

24103. Enforcement.

24104. Authorization of appropriations.

32 § 24101. Findings, purpose, and goals

33 (a) FINDINGS.—(1) Public convenience and necessity require that Am34 trak, to the extent its budget allows, provide modern, cost-efficient, and en35 ergy-efficient intercity rail passenger transportation between crowded urban

36 areas and in other areas of the United States.
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1 (2) Rail passenger transportation can help alleviate overcrowding of air2 ways and airports and on highways.

3 (3) A traveler in the United States should have the greatest possible

4 choice of transportation most convenient to the needs of the traveler.

5 (4) A greater degree of cooperation is necessary among Amtrak, other rail

6 carriers, State, regional, and local governments, the private sector, labor or7 ganizations, and suppliers of services and equipment to Amtrak to achieve

8 a performance level sufficient to justify expending public money.

9 (5) Modern and efficient commuter rail passenger transportation is im10 portant to the viability and well-being of major urban areas and to the en11 ergy conservation and self-sufficiency goals of the United States.

12 (6) As a rail passenger transportation entity, Amtrak should be available

13 to operate commuter rail passenger transportation through its subsidiary,

14 Amtrak Commuter, under contract with commuter authorities that do not

15 provide the transportation themselves as part of the governmental function

16 of the State.

17 (7) The Northeast Corridor is a valuable resource of the United States

18 used by intercity and commuter rail passenger transportation and freight

19 transportation.

20 (8) Greater coordination between intercity and commuter rail passenger

21 transportation is required.

22 (b) PURPOSE.—By using innovative operating and marketing concepts,

23 Amtrak shall provide intercity and commuter rail passenger transportation

24 that completely develops the potential of modern rail transportation to meet

25 the intercity and commuter passenger transportation needs of the United

26 States.

27 (c) GOALS.—Amtrak shall—

28 (1) use its best business judgment in acting to minimize United

29 States Government subsidies, including—

30 (A) increasing fares;

31 (B) increasing revenue from the transportation of mail and ex32 press;

33 (C) reducing losses on food service;

34 (D) improving its contracts with operating rail carriers;

35 (E) reducing management costs; and

36 (F) increasing employee productivity;

37 (2) minimize Government subsidies by encouraging State, regional,

38 and local governments and the private sector to share the cost of pro39 viding rail passenger transportation, including the cost of operating fa40 cilities;
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1 (3) carry out strategies to achieve immediately maximum productiv2 ity and efficiency consistent with safe and efficient transportation;

3 (4) operate Amtrak trains, to the maximum extent feasible, to all

4 station stops within 15 minutes of the time established in public time5 tables;

6 (5) develop transportation on rail corridors subsidized by States and

7 private parties;

8 (6) implement schedules based on a systemwide average speed of at

9 least 60 miles an hour that can be achieved with a degree of reliability

10 and passenger comfort;

11 (7) encourage rail carriers to assist in improving intercity rail pas12 senger transportation;

13 (8) improve generally the performance of Amtrak through com14 prehensive and systematic operational programs and employee incen15 tives;

16 (9) carry out policies that ensure equitable access to the Northeast

17 Corridor by intercity and commuter rail passenger transportation;

18 (10) coordinate the uses of the Northeast Corridor, particularly

19 intercity and commuter rail passenger transportation; and

20 (11) maximize the use of its resources, including the most cost-effec21 tive use of employees, facilities, and real property.

22 (d) MINIMIZING GOVERNMENT SUBSIDIES.—To carry out subsection

23 (c)(11) of this section, Amtrak is encouraged to make agreements with the

24 private sector and undertake initiatives that are consistent with good busi25 ness judgment and designed to maximize its revenues and minimize Govern26 ment subsidies.

27 § 24102. Definitions

28 In this part—

29 (1) ‘‘auto-ferry transportation’’ means intercity rail passenger trans30 portation—

31 (A) of automobiles or recreational vehicles and their occupants;

32 and

33 (B) when space is available, of used unoccupied vehicles.

34 (2) ‘‘avoidable loss’’ means the avoidable costs of providing rail pas35 senger transportation, less revenue attributable to the transportation,

36 as determined by the Interstate Commerce Commission under section

37 553 of title 5.

38 (3) ‘‘basic system’’ means the system of intercity rail passenger

39 transportation designated by the Secretary of Transportation under

40 section 4 of the Amtrak Improvement Act of 1978 and approved by

41 Congress, and transportation required to be provided under section
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1 24705(a) of this title and section 4(g) of the Act, including changes

2 in the system or transportation that Amtrak makes using the route and

3 service criteria.

4 (4) ‘‘commuter authority’’ means a State, local, or regional entity es5 tablished to provide, or make a contract providing for, commuter rail

6 passenger transportation.

7 (5) ‘‘commuter rail passenger transportation’’ means short-haul rail

8 passenger transportation in metropolitan and suburban areas usually

9 having reduced fare, multiple-ride, and commuter tickets and morning

10 and evening peak period operations.

11 (6) ‘‘intercity rail passenger transportation’’ means rail passenger

12 transportation, except commuter rail passenger transportation.

13 (7) ‘‘Northeast Corridor’’ means Connecticut, Delaware, the District

14 of Columbia, Maryland, Massachusetts, New Jersey, New York, Penn15 sylvania, and Rhode Island.

16 (8) ‘‘rail carrier’’ means a person providing rail transportation for

17 compensation.

18 (9) ‘‘rate’’ means a rate, fare, or charge for rail transportation.

19 (10) ‘‘regional transportation authority’’ means an entity established

20 to provide passenger transportation in a region.

21 (11) ‘‘route and service criteria’’ means the criteria and procedures

22 for making route and service decisions established under section

23 404(c)(1)–(3)(A) of the Rail Passenger Service Act.

24 § 24103. Enforcement

25 (a) GENERAL.—(1) Except as provided in paragraph (2) of this sub26 section, only the Attorney General may bring a civil action for equitable re27 lief in a district court of the United States when Amtrak or a rail carrier—

28 (A) engages in or adheres to an action, practice, or policy inconsist29 ent with this part;

30 (B) obstructs or interferes with an activity authorized under

31 this part;

32 (C) refuses, fails, or neglects to discharge its duties and respon33 sibilities under this part; or

34 (D) threatens—

35 (i) to engage in or adhere to an action, practice, or policy

36 inconsistent with this part;

37 (ii) to obstruct or interfere with an activity authorized by

38 this part; or

39 (iii) to refuse, fail, or neglect to discharge its duties and

40 responsibilities under this part.
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1 (2) An employee affected by any conduct or threat referred to in para2 graph (1) of this subsection, or an authorized employee representative, may

3 bring the civil action if the conduct or threat involves a labor agreement.

4 (b) REVIEW OF DISCONTINUANCE OR REDUCTION.—A discontinuance of

5 a route, a train, or transportation, or a reduction in the frequency of trans6 portation, by Amtrak is reviewable only in a civil action for equitable relief

7 brought by the Attorney General.

8 (c) VENUE.—Except as otherwise prohibited by law, a civil action under

9 this section may be brought in the judicial district in which Amtrak or the

10 rail carrier resides or is found.

11 § 24104. Authorization of appropriations

12 (a) CAPITAL ACQUISITION AND CORRIDOR DEVELOPMENT.—(1) Not

13 more than $250,000,000 may be appropriated to the Secretary of Transpor14 tation for each of the fiscal years ending September 30, 1993, and Septem15 ber 30, 1994, for the benefit of Amtrak to make capital expenditures under

16 chapters 243–247 of this title.

17 (2) In addition to amounts that may be appropriated under section 24909

18 of this title, not more than the following amounts may be appropriated to

19 the Secretary for the benefit of Amtrak to make capital expenditures under

20 chapter 249 of this title:

21 (A) $220,000,000 for the fiscal year ending September 30, 1993.

22 (B) $250,000,000 for the fiscal year ending September 30, 1994.

23 (3)(A) Not more than 15 percent of each of the amounts appropriated

24 under paragraphs (1) and (2) of this subsection is available for transpor25 tation described in subparagraphs (B) and (C) of this paragraph.

26 (B) Amounts made available under subparagraph (A) of this paragraph

27 shall be used to develop new intercity rail passenger transportation on cor28 ridors between cities undergoing significant population growth and in which

29 the transportation reasonably can be expected to provide travel times com30 parable with other surface transportation modes. An amount may be ex31 pended for the transportation only if a State requests the transportation

32 and the State and Amtrak agree that—

33 (i) Amtrak will pay at least 90 percent of the cost of acquiring roll34 ing stock for the transportation; and

35 (ii) the State will pay at least 90 percent of the cost of improving

36 the right of way, including track structure, signal systems, passenger

37 station facilities, highway and pedestrian grade crossings, and other

38 safety equipment and facilities.

39 (C) Amounts made available under subparagraph (A) of this paragraph

40 shall be used to begin new long distance intercity rail passenger transpor-
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1 tation. An amount may be expended for the transportation only if a State

2 requests the transportation and the State and Amtrak agree that—

3 (i) Amtrak will pay at least 75 percent of the cost of acquiring roll4 ing stock for the transportation; and

5 (ii) the State will pay at least 90 percent of the cost of improving

6 the right of way, including track structure, signal systems, passenger

7 station facilities, highway and pedestrian grade crossings, and other

8 safety equipment and facilities.

9 (D) Section 24704 of this title appears to the operating expenses of

10 transportation described in subparagraphs (B) and (C) of this paragraph.

11 (b) OPERATING EXPENSES.—(1) Not more than $381,000,000 may be

12 appropriated to the Secretary for each of the fiscal years ending September

13 30, 1993, and September 30, 1994, for the benefit of Amtrak for operating

14 expenses. Not more than 5 percent of the amounts appropriated for each

15 fiscal year shall be used to pay operating expenses under section 24704 of

16 this title for transportation in operation on September 30, 1992.

17 (2)(A) Not more than the following amounts may be appropriated to the

18 Secretary for the benefit of Amtrak for operating losses under section

19 24704 of this title for transportation beginning after September 30, 1992:

20 (i) $7,500,000 for the fiscal year ending September 30, 1993.

21 (ii) $9,500,000 for the fiscal year ending September 30, 1994.

22 (B) The expenditure by Amtrak of an amount appropriated under sub23 paragraph (A) of this paragraph is deemed not to be an operating expense

24 when calculating the revenue-to-operating expense ratio of Amtrak.

25 (c) MANDATORY PAYMENTS.—(1) Not more than $150,000,000 for the

26 fiscal year ending September 30, 1993, and amounts that may be necessary

27 for the fiscal year ending September 30, 1994, may be appropriated to the

28 Secretary to pay—

29 (A) tax liabilities under section 3221 of the Internal Revenue Code

30 of 1986 (26 U.S.C. 3221) due in those fiscal years that are more than

31 the amount needed for benefits for individuals who retire from Amtrak

32 and for their beneficiaries;

33 (B) obligations of Amtrak under section 8(a) of the Railroad Unem34 ployment Insurance Act (45 U.S.C. 358(a)) due in those fiscal years

35 that are more than obligations of Amtrak calculated on an experience36 related basis; and

37 (C) obligations of Amtrak due under section 3321 of the Code (26

38 U.S.C. 3321).

39 (2) Amounts appropriated under this subsection are not a United States

40 Government subsidy of Amtrak.
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1 (d) PAYMENT TO AMTRAK.—Amounts appropriated under this section

2 shall be paid to Amtrak under the budget request of the Secretary as ap3 proved or modified by Congress when the amounts are appropriated. A pay4 ment may not be made more frequently than once every 90 days, unless

5 Amtrak, for good cause, requests more frequent payment before a 90-day

6 period ends. In each fiscal year in which amounts are authorized to be ap7 propriated under this section, amounts appropriated shall be paid to Amtrak

8 as follows:

9 (1) 50 percent on October 1.

10 (2) 25 percent on January 1.

11 (3) 25 percent on April 1.

12 (e) AVAILABILITY OF AMOUNTS AND EARLY APPROPRIATIONS.—(1)

13 Amounts appropriated under this section remain available until expended.

14 (2) Amounts for capital acquisitions and improvements may be appro15 priated in a fiscal year before the fiscal year in which the amounts will be

16 obligated.

17 (f) LIMITATIONS ON USE.—Amounts appropriated under this section may

18 not be used to subsidize operating losses of commuter rail passenger or rail

19 freight transportation.

20 CHAPTER 243—AMTRAK

Sec.

24301. Status and applicable laws.

24302. Board of directors.

24303. Officers.

24304. Capitalization.

24305. General authority.

24306. Mail, express, and auto-ferry transportation.

24307. Special transportation.

24308. Use of facilities and providing services to Amtrak.

24309. Retaining and maintaining facilities.

24310. Assistance for upgrading facilities.

24311. Acquiring interests in property by eminent domain.

24312. Labor standards.

24313. Rail safety system program.

24314. Demonstration of new technology.

24315. Reports and audits.

21 § 24301. Status and applicable laws

22 (a) STATUS.—Amtrak—

23 (1) is a rail carrier under section 10102 of this title;

24 (2) shall be operated and managed as a for-profit corporation; and

25 (3) is not a department, agency, or instrumentality of the United

26 States Government.

27 (b) PRINCIPAL OFFICE AND PLACE OF BUSINESS.—The principal office

28 and place of business of Amtrak are in the District of Columbia. Amtrak

29 is qualified to do business in each State in which Amtrak carries out an

30 activity authorized under this part. Amtrak shall accept service of process
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1 by certified mail addressed to the secretary of Amtrak at its principal office

2 and place of business. Amtrak is a citizen only of the District of Columbia

3 when deciding original jurisdiction of the district courts of the United States

4 in a civil action.

5 (c) APPLICATION OF SUBTITLE IV.—(1) Subtitle IV of this title applies

6 to Amtrak, except for provisions related to the—

7 (A) regulation of rates;

8 (B) abandonment or extension of rail lines used only for passenger

9 transportation and the abandonment or extension of operations over

10 those lines;

11 (C) regulation of routes and service;

12 (D) discontinuance or change of rail passenger transportation oper13 ations; and

14 (E) issuance of securities or the assumption of an obligation or li15 ability related to the securities of others.

16 (2) Notwithstanding this subsection—

17 (A) sections 10721–10724 of this title apply to Amtrak; and

18 (B) on application of an adversely affected motor carrier, the Inter19 state Commerce Commission under any provision of subtitle IV of this

20 title applicable to a carrier subject to subchapter I of chapter 105 of

21 this title may hear a complaint about an unfair or predatory rate or

22 marketing practice of Amtrak for a route or service operating at a loss.

23 (d) APPLICATION OF SAFETY AND EMPLOYEE RELATIONS LAWS AND

24 REGULATIONS.—Laws and regulations governing safety, employee represen25 tation for collective bargaining purposes, the handling of disputes between

26 carriers and employees, employee retirement, annuity, and unemployment

27 systems, and other dealings with employees that apply to a common carrier

28 subject to subchapter I of chapter 105 of this title apply to Amtrak.

29 (e) APPLICATION OF CERTAIN ADDITIONAL LAWS.—Section 552 of title

30 5, this part, and, to the extent consistent with this part, the District of Co31 lumbia Business Corporation Act (D.C. Code § 29–301 et seq.) apply to

32 Amtrak.

33 (f) LAWS GOVERNING LEASES AND CONTRACTS.—The laws of the Dis34 trict of Columbia govern leases and contracts of Amtrak, regardless of

35 where they are executed.

36 (g) NONAPPLICATION OF RATE, ROUTE, AND SERVICE LAWS.—A State

37 or other law related to rates, routes, or service does not apply to Amtrak

38 in connection with rail passenger transportation.

39 (h) NONAPPLICATION OF PAY PERIOD LAWS.—A State or local law relat40 ed to pay periods or days for payment of employees does not apply to Am41 trak. Except when otherwise provided under a collective bargaining agree-
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1 ment, an employee of Amtrak shall be paid at least as frequently as the

2 employee was paid on October 1, 1979.

3 (i) PREEMPTION RELATED TO EMPLOYEE WORK REQUIREMENTS.—A

4 State may not adopt or continue in force a law, rule, regulation, order, or

5 standard requiring Amtrak to employ a specified number of individuals to

6 perform a particular task, function, or operation.

7 (j) NONAPPLICATION OF LAWS ON JOINT USE OR OPERATION OF FACILI8 TIES AND EQUIPMENT.—Prohibitions of law applicable to an agreement for

9 the joint use or operation of facilities and equipment necessary to provide

10 quick and efficient rail passenger transportation do not apply to a person

11 making an agreement with Amtrak to the extent necessary to allow the per12 son to make and carry out obligations under the agreement.

13 (k) EXEMPTION FROM ADDITIONAL TAXES.—(1) In this subsection—

14 (A) ‘‘additional tax’’ means a tax or fee—

15 (i) on the acquisition, improvement, ownership, or operation of

16 personal property by Amtrak; and

17 (ii) on real property, except a tax or fee on the acquisition of

18 real property or on the value of real property not attributable to

19 improvements made, or the operation of those improvements, by

20 Amtrak.

21 (B) ‘‘Amtrak’’ includes a rail carrier subsidiary of Amtrak and a les22 sor or lessee of Amtrak or one of its rail carrier subsidiaries.

23 (2) Amtrak is not required to pay an additional tax because of an expend24 iture to acquire or improve real property, equipment, a facility, or right-of25 way material or structures used in providing rail passenger transportation,

26 even if that use is indirect.

27 (l) EXEMPTION FROM TAXES LEVIED AFTER SEPTEMBER 30, 1981.—

28 (1) Amtrak or a rail carrier subsidiary of Amtrak is exempt from a tax or

29 fee imposed by a State, a political subdivision of a State, or a local taxing

30 authority and levied on it after September 30, 1981. However, Amtrak is

31 not exempt under this subsection from a tax or fee that it was required to

32 pay as of September 10, 1982.

33 (2) The district courts of the United States have original jurisdiction over

34 a civil action Amtrak brings to enforce this subsection and may grant equi35 table or declaratory relief requested by Amtrak.

36 (m) WASTE DISPOSAL.—(1) An intercity rail passenger car manufactured

37 after October 14, 1990, shall be built to provide for the discharge of human

38 waste only at a servicing facility. Amtrak shall retrofit each of its intercity

39 rail passenger cars that was manufactured after May 1, 1971, and before

40 October 15, 1990, with a human waste disposal system that provides for
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1 the discharge of human waste only at a servicing facility. Subject to appro2 priations—

3 (A) the retrofit program shall be completed not later than October

4 15, 1996; and

5 (B) a car that does not provide for the discharge of human waste

6 only at a servicing facility shall be removed from service after that

7 date.

8 (2) Section 361 of the Public Health Service Act (42 U.S.C. 264) and

9 other laws of the United States, States, and local governments do not apply

10 to waste disposal from rail carrier vehicles operated in intercity rail pas11 senger transportation. The district courts of the United States have original

12 jurisdiction over a civil action Amtrak brings to enforce this paragraph and

13 may grant equitable or declaratory relief requested by Amtrak.

14 (n) RAIL TRANSPORTATION TREATED EQUALLY.—When authorizing

15 transportation in the continental United States for an officer, employee, or

16 member of the uniformed services of a department, agency, or instrumental17 ity of the Government, the head of that department, agency, or instrumen18 tality shall consider rail transportation (including transportation by extra19 fare trains) the same as transportation by another authorized mode. The

20 Administrator of General Services shall include Amtrak in the contract air

21 program of the Administrator in markets in which transportation provided

22 by Amtrak is competitive with other carriers on fares and total trip times.

23 § 24302. Board of directors

24 (a) COMPOSITION AND TERMS.—(1) The board of directors of Amtrak is

25 composed of the following 9 directors, each of whom must be a citizen of

26 the United States:

27 (A) the Secretary of Transportation.

28 (B) the President of Amtrak.

29 (C) 3 individuals appointed by the President of the United States,

30 by and with the advice and consent of the Senate, as follows:

31 (i) one individual selected from a list of 3 qualified individuals

32 submitted by the Railway Labor Executives Association.

33 (ii) one chief executive officer of a State selected from among

34 the chief executive officers of States with an interest in rail trans35 portation. The chief executive officer may select an individual to

36 act as the officer’s representative at board meetings.

37 (iii) one individual selected as a representative of business with

38 an interest in rail transportation.

39 (D) 2 individuals selected by the President of the United States from

40 a list of names consisting of one individual nominated by each com41 muter authority for which Amtrak Commuter provides commuter rail
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1 passenger transportation under section 24505 of this title and one indi2 vidual nominated by each commuter authority in the region (as defined

3 in section 102 of the Regional Rail Reorganization Act of 1973 (45

4 U.S.C. 702)) that provides its own commuter rail passenger transpor5 tation or makes a contract with an operator (except Amtrak Com6 muter), except that—

7 (i) one of the individuals selected must have been nominated by

8 a commuter authority for which Amtrak Commuter provides com9 muter rail transportation; or

10 (ii) if Amtrak Commuter does not provide commuter rail pas11 senger transportation for any authority, the 2 individuals shall be

12 selected from a list of 5 individuals submitted by commuter au13 thorities providing transportation over rail property of Amtrak.

14 (E) 2 individuals selected by the holders of the preferred stock of

15 Amtrak.

16 (2) An individual appointed under paragraph (1)(C) of this subsection

17 serves for 4 years or until the individual’s successor is appointed and quali18 fied. Not more than 2 individuals appointed under paragraph (1)(C) may

19 be members of the same political party.

20 (3) An individual selected under paragraph (1)(D) of this subsection

21 serves for 2 years or until the individual’s successor is selected.

22 (4) An individual selected under paragraph (1)(E) of this subsection

23 serves for one year or until the individual’s successor is selected.

24 (5) The President of Amtrak serves as Chairman of the board.

25 (6) The Secretary may be represented at a meeting of the board only by

26 the Deputy Secretary of Transportation, the Administrator of the Federal

27 Railroad Administration, or the General Counsel of the Department of

28 Transportation.

29 (b) CUMULATIVE VOTING.—The articles of incorporation of Amtrak shall

30 provide for cumulative voting for all stockholders.

31 (c) CONFLICTS OF INTEREST.—When serving on the board, a director ap32 pointed by the President of the United States may not have—

33 (1) a financial or employment relationship with a rail carrier; and

34 (2) a significant financial relationship or an employment relationship

35 with a person competing with Amtrak in providing passenger transpor36 tation.

37 (d) PAY AND EXPENSES.—Each director not employed by the United

38 States Government is entitled to $300 a day when performing board duties

39 and powers. Each director is entitled to reimbursement for necessary travel,

40 reasonable secretarial and professional staff support, and subsistence ex41 penses incurred in attending board meetings.
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1 (e) VACANCIES.—A vacancy on the board is filled in the same way as the

2 original selection, except that an individual appointed by the President of

3 the United States under subsection (a)(1)(C) of this section to fill a vacancy

4 occurring before the end of the term for which the predecessor of that indi5 vidual was appointed is appointed for the remainder of that term. A vacancy

6 required to be filled by appointment under subsection (a)(1)(C) must be

7 filled not later than 120 days after the vacancy occurs.

8 (f) BYLAWS.—The board may adopt and amend bylaws governing the op9 eration of Amtrak. The bylaws shall be consistent with this part and the

10 articles of incorporation.

11 § 24303. Officers

12 (a) APPOINTMENT AND TERMS.—Amtrak has a President and other offi13 cers that are named and appointed by the board of directors of Amtrak.

14 An officer of Amtrak must be a citizen of the United States. Officers of

15 Amtrak serve at the pleasure of the board.

16 (b) PAY.—The board may fix the pay of the officers of Amtrak. An offi17 cer may not be paid more than the general level of pay for officers of rail

18 carriers with comparable responsibility.

19 (c) CONFLICTS OF INTEREST.—When employed by Amtrak, an officer

20 may not have a financial or employment relationship with another rail car21 rier, except that holding securities issued by a rail carrier is not deemed

22 to be a violation of this subsection if the officer holding the securities makes

23 a complete public disclosure of the holdings and does not participate in any

24 decision directly affecting the rail carrier.

25 § 24304. Capitalization

26 (a) STOCK.—Amtrak may have outstanding one issue of common stock

27 and one issue of preferred stock. Each type of stock is eligible for a divi28 dend. The articles of incorporation of Amtrak shall provide that—

29 (1) each type of stock must be fully paid and nonassessable;

30 (2) common stock has a par value of $10 a share; and

31 (3) preferred stock has a par value of $100 a share.

32 (b) LIMITATIONS ON OWNERSHIP AND VOTING.—(1) A rail carrier or

33 person controlling a rail carrier—

34 (A) may not hold preferred stock of Amtrak; and

35 (B) may vote not more than one-third of the total number of shares

36 of outstanding common stock of Amtrak.

37 (2) Additional common stock owned by a rail carrier or person controlling

38 a rail carrier is deemed to be not outstanding for voting and quorum pur39 poses.

40 (c) PREFERRED STOCK DIVIDENDS AND LIQUIDATION PREFERENCES.—

41 The articles of incorporation of Amtrak shall provide that—
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1 (1) its preferred stock has a cumulative dividend of at least 6 per2 cent a year;

3 (2) if a dividend on the preferred stock is not declared and paid or

4 set aside for payment, the deficiency shall be declared and paid or set

5 aside for payment before a dividend or other distribution is made on

6 its common stock;

7 (3) the preferred stock has a liquidation preference over the common

8 stock entitling holders of preferred stock to receive a liquidation pay9 ment of at least par value plus all accrued unpaid dividends before a

10 liquidation payment is made to holders of common stock; and

11 (4) the preferred stock may be converted to common stock.

12 (d) ISSUANCE OF PREFERRED STOCK TO SECRETARY.—(1) Not later

13 than 30 days after the close of each fiscal quarter, Amtrak shall issue to

14 the Secretary of Transportation preferred stock equal, to the nearest whole

15 share, to the amount paid to Amtrak under section 24104(d) of this title

16 during the quarter.

17 (2) Preferred stock issued under this subsection or section 304(c)(1) of

18 the Rail Passenger Service Act is deemed to be issued on the date Amtrak

19 receives the amounts for which the stock is issued.

20 (3) An amendment to the articles of incorporation of Amtrak is not re21 quired for issuing preferred stock under this subsection.

22 (e) TAXES AND FEES ON PREFERRED STOCK.—A tax or fee applies to

23 preferred stock issued under this section only if specifically prescribed by

24 Congress.

25 (f) NONVOTING CERTIFICATES OF INDEBTEDNESS.—Amtrak may issue

26 nonvoting certificates of indebtedness, except that an obligation with a liq27 uidation interest superior to preferred stock issued to the Secretary or se28 cured by a lien on property of Amtrak may be incurred when preferred

29 stock issued to the Secretary is outstanding only if the Secretary consents.

30 (g) INSPECTION RIGHTS.—Stockholders of Amtrak have the rights of in31 specting and copying set forth in section 45(b) of the District of Columbia

32 Business Corporation Act (D.C. Code § 29–345(b)) regardless of the

33 amount of stock they hold.

34 § 24305. General authority

35 (a) ACQUISITION AND OPERATION OF EQUIPMENT AND FACILITIES.—(1)

36 Amtrak may acquire, operate, maintain, and make contracts for the oper37 ation and maintenance of equipment and facilities necessary for intercity

38 and commuter rail passenger transportation, the transportation of mail and

39 express, and auto-ferry transportation.

40 (2) Amtrak shall operate and control directly, to the extent practicable,

41 all aspects of the rail passenger transportation it provides.
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1 (b) MAINTENANCE AND REHABILITATION.—Amtrak may maintain and

2 rehabilitate rail passenger equipment and shall maintain a regional mainte3 nance plan that includes—

4 (1) a review panel at the principal office of Amtrak consisting of

5 members the President of Amtrak designates;

6 (2) a systemwide inventory of spare equipment parts in each oper7 ational region;

8 (3) enough maintenance employees for cars and locomotives in each

9 region;

10 (4) a systematic preventive maintenance program;

11 (5) periodic evaluations of maintenance costs, time lags, and parts

12 shortages and corrective actions; and

13 (6) other elements or activities Amtrak considers appropriate.

14 (c) MISCELLANEOUS AUTHORITY.—Amtrak may—

15 (1) make and carry out appropriate agreements;

16 (2) transport mail and express and shall use all feasible methods to

17 obtain the bulk mail business of the United States Postal Service;

18 (3) improve its reservation system and advertising;

19 (4) provide food and beverage services on its trains only if revenues

20 from the services each year at least equal the cost of providing the

21 services;

22 (5) conduct research, development, and demonstration programs re23 lated to the mission of Amtrak; and

24 (6) buy or lease rail rolling stock and develop and demonstrate im25 proved rolling stock.

26 (d) THROUGH ROUTES AND JOINT FARES.—(1) Establishing through

27 routes and joint fares between Amtrak and other intercity rail passenger

28 carriers and motor carriers of passengers is consistent with the public inter29 est and the transportation policy of the United States. Congress encourages

30 establishing those routes and fares.

31 (2) Amtrak may establish through routes and joint fares with any domes32 tic or international motor carrier, air carrier, or water carrier.

33 (e) RAIL POLICE.—Amtrak may employ rail police to provide security for

34 rail passengers and property of Amtrak. Rail police employed by Amtrak

35 who have complied with a State law establishing requirements applicable to

36 rail police or individuals employed in a similar position may be employed

37 without regard to the law of another State containing those requirements.

38 (f) DOMESTIC BUYING PREFERENCES.—(1) In this subsection, ‘‘United

39 States’’ means the States, territories, and possessions of the United States

40 and the District of Columbia.

41 (2) Amtrak shall buy only—
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1 (A) unmanufactured articles, material, and supplies mined or pro2 duced in the United States; or

3 (B) manufactured articles, material, and supplies manufactured in

4 the United States substantially from articles, material, and supplies

5 mined, produced, or manufactured in the United States.

6 (3) Paragraph (2) of this subsection applies only when the cost of those

7 articles, material, or supplies bought is at least $1,000,000.

8 (4) On application of Amtrak, the Secretary of Transportation may ex9 empt Amtrak from this subsection if the Secretary decides that—

10 (A) for particular articles, material, or supplies—

11 (i) the requirements of paragraph (2) of this subsection are in12 consistent with the public interest;

13 (ii) the cost of imposing those requirements is unreasonable; or

14 (iii) the articles, material, or supplies, or the articles, material,

15 or supplies from which they are manufactured, are not mined, pro16 duced, or manufactured in the United States in sufficient and rea17 sonably available commercial quantities and are not of a satisfac18 tory quality; or

19 (B) rolling stock or power train equipment cannot be bought and de20 livered in the United States within a reasonable time.

21 § 24306. Mail, express, and auto-ferry transportation

22 (a) ACTIONS TO INCREASE REVENUES.—Amtrak shall take necessary ac23 tion to increase its revenues from the transportation of mail and express.

24 To increase its revenues, Amtrak may provide auto-ferry transportation as

25 part of the basic passenger transportation authorized by this part. When

26 requested by Amtrak, a department, agency, or instrumentality of the Unit27 ed States Government shall assist in carrying out this section.

28 (b) AUTHORITY OF OTHERS TO PROVIDE AUTO-FERRY TRANSPOR29 TATION.—(1) A person primarily providing auto-ferry transportation and

30 any other person not a rail carrier may provide auto-ferry transportation

31 over any route under a certificate issued by the Interstate Commerce Com32 mission if the Commission finds that the auto-ferry transportation—

33 (A) will not impair the ability of Amtrak to reduce its losses or in34 crease its revenues; and

35 (B) is required to meet the public demand.

36 (2) A rail carrier that has not made a contract with Amtrak to provide

37 rail passenger transportation may provide auto-ferry transportation over its

38 own rail lines.

39 (3) State and local laws and regulations that impair the provision of auto40 ferry transportation do not apply to Amtrak or a rail carrier providing auto41 ferry transportation. A rail carrier may not refuse to participate with Am-
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1 trak in providing auto-ferry transportation because a State or local law or

2 regulation makes the transportation unlawful.

3 § 24307. Special transportation

4 (a) REDUCED FARE PROGRAM.—Amtrak shall maintain a reduced fare

5 program for the following:

6 (1) individuals at least 65 years of age.

7 (2) individuals (except alcoholics and drug abusers) who—

8 (A) have a physical or mental impairment that substantially

9 limits a major life activity of the individual;

10 (B) have a record of an impairment; or

11 (C) are regarded as having an impairment.

12 (b) ACTIONS TO ENSURE ACCESS.—Amtrak may act to ensure access to

13 intercity transportation for elderly or handicapped individuals on passenger

14 trains operated by or for Amtrak. That action may include—

15 (1) acquiring special equipment;

16 (2) conducting special training for employees;

17 (3) designing and acquiring new equipment and facilities;

18 (4) eliminating barriers in existing equipment and facilities to com19 ply with the highest standards of design, construction, and alteration

20 of property to accommodate elderly and handicapped individuals; and

21 (5) providing special assistance to elderly and handicapped individ22 uals when getting on and off trains and in terminal areas.

23 (c) EMPLOYEE TRANSPORTATION.—(1) In this subsection, ‘‘rail carrier

24 employee’’ means—

25 (A) an active full-time employee of a rail carrier or terminal com26 pany and includes an employee on furlough or leave of absence;

27 (B) a retired employee of a rail carrier or terminal company; and

28 (C) a dependent of an employee referred to in clause (A) or (B) of

29 this paragraph.

30 (2) Amtrak shall ensure that a rail carrier employee eligible for free or

31 reduced-rate rail transportation on April 30, 1971, under an agreement in

32 effect on that date is eligible, to the greatest extent practicable, for free or

33 reduced-rate intercity rail passenger transportation provided by Amtrak

34 under this part, if space is available, on terms similar to those available on

35 that date under the agreement. However, Amtrak may apply to all rail car36 rier employees eligible to receive free or reduced-rate transportation under

37 any agreement a single systemwide schedule of terms that Amtrak decides

38 applied to a majority of employees on that date under all those agreements.

39 Unless Amtrak and a rail carrier make a different agreement, the carrier

40 shall reimburse Amtrak at the rate of 25 percent of the systemwide average

41 monthly yield of each revenue passenger-mile. The reimbursement is in
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1 place of costs Amtrak incurs related to free or reduced-rate transportation,

2 including liability related to travel of a rail carrier employee eligible for free

3 or reduced-rate transportation.

4 (3) This subsection does not prohibit the Interstate Commerce Commis5 sion from ordering retroactive relief in a proceeding begun or reopened after

6 October 1, 1981.

7 § 24308. Use of facilities and providing services to Amtrak

8 (a) GENERAL AUTHORITY.—(1) Amtrak may make an agreement with a

9 rail carrier or regional transportation authority to use facilities of, and have

10 services provided by, the carrier or authority under terms on which the par11 ties agree. The terms shall include a penalty for untimely performance.

12 (2)(A) If the parties cannot agree and if the Interstate Commerce Com13 mission finds it necessary to carry out this part, the Commission shall—

14 (i) order that the facilities be made available and the services pro15 vided to Amtrak; and

16 (ii) prescribe reasonable terms and compensation for using the facili17 ties and providing the services.

18 (B) When prescribing reasonable compensation under subparagraph (A)

19 of this paragraph, the Commission shall consider quality of service as a

20 major factor when determining whether, and the extent to which, the

21 amount of compensation shall be greater than the incremental costs of using

22 the facilities and providing the services.

23 (C) The Commission shall decide the dispute not later than 90 days after

24 Amtrak submits the dispute to the Commission.

25 (3) Amtrak’s right to use the facilities or have the services provided is

26 conditioned on payment of the compensation. If the compensation is not

27 paid promptly, the rail carrier or authority entitled to it may bring an ac28 tion against Amtrak to recover the amount owed.

29 (4) Amtrak shall seek immediate and appropriate legal remedies to en30 force its contract rights when track maintenance on a route over which Am31 trak operates falls below the contractual standard.

32 (b) OPERATING DURING EMERGENCIES.—To facilitate operation by Am33 trak during an emergency, the Commission, on application by Amtrak, shall

34 require a rail carrier to provide facilities immediately during the emergency.

35 The Commission then shall promptly prescribe reasonable terms, including

36 indemnification of the carrier by Amtrak against personal injury risk to

37 which the carrier may be exposed. The rail carrier shall provide the facilities

38 for the duration of the emergency.

39 (c) PREFERENCE OVER FREIGHT TRANSPORTATION.—Except in an

40 emergency, intercity and commuter rail passenger transportation provided

41 by or for Amtrak has preference over freight transportation in using a rail
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1 line, junction, or crossing unless the Secretary of Transportation orders oth2 erwise under this subsection. A rail carrier affected by this subsection may

3 apply to the Secretary for relief. If the Secretary, after an opportunity for

4 a hearing under section 553 of title 5, decides that preference for intercity

5 and commuter rail passenger transportation materially will lessen the qual6 ity of freight transportation provided to shippers, the Secretary shall estab7 lish the rights of the carrier and Amtrak on reasonable terms.

8 (d) ACCELERATED SPEEDS.—If a rail carrier refuses to allow accelerated

9 speeds on trains operated by or for Amtrak, Amtrak may apply to the Sec10 retary for an order requiring the carrier to allow the accelerated speeds. The

11 Secretary shall decide whether accelerated speeds are unsafe or impractica12 ble and which improvements would be required to make accelerated speeds

13 safe and practicable. After an opportunity for a hearing, the Secretary shall

14 establish the maximum allowable speeds of Amtrak trains on terms the Sec15 retary decides are reasonable.

16 (e) ADDITIONAL TRAINS.—(1) When a rail carrier does not agree to pro17 vide, or allow Amtrak to provide, for the operation of additional trains over

18 a rail line of the carrier, Amtrak may apply to the Secretary for an order

19 requiring the carrier to provide or allow for the operation of the requested

20 trains. After a hearing on the record, the Secretary may order the carrier,

21 within 60 days, to provide or allow for the operation of the requested trains

22 on a schedule based on legally permissible operating times. However, if the

23 Secretary decides not to hold a hearing, the Secretary, not later than 30

24 days after receiving the application, shall publish in the Federal Register

25 the reasons for the decision not to hold the hearing.

26 (2) The Secretary shall consider—

27 (A) when conducting a hearing, whether an order would impair un28 reasonably freight transportation of the rail carrier, with the carrier

29 having the burden of demonstrating that the additional trains will im30 pair the freight transportation; and

31 (B) when establishing scheduled running times, the statutory goal of

32 Amtrak to implement schedules that attain a system-wide average

33 speed of at least 60 miles an hour that can be adhered to with a high

34 degree of reliability and passenger comfort.

35 (3) Unless the parties have an agreement that establishes the compensa36 tion Amtrak will pay the carrier for additional trains provided under an

37 order under this subsection, the Commission shall decide the dispute under

38 subsection (a) of this section.

39 § 24309. Retaining and maintaining facilities

40 (a) DEFINITIONS.—In this section—
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1 (1) ‘‘facility’’ means a rail line, right of way, fixed equipment, facil2 ity, or real property related to a rail line, right of way, fixed equipment,

3 or facility, including a signal system, passenger station and repair

4 tracks, a station building, a platform, and a related facility, including

5 a water, fuel, steam, electric, and air line.

6 (2) downgrading a facility means reducing a track classification as

7 specified in the Federal Railroad Administration track safety standards

8 or altering a facility so that the time required for rail passenger trans9 portation to be provided over the route on which a facility is located

10 may be increased.

11 (b) APPROVAL REQUIRED FOR DOWNGRADING OR DISPOSAL.—A facility

12 of a rail carrier or regional transportation authority that Amtrak used to

13 provide rail passenger transportation on February 1, 1979, may be down14 graded or disposed of only after approval by the Secretary of Transportation

15 under this section.

16 (c) NOTIFICATION AND ANALYSIS.—(1) A rail carrier intending to down17 grade or dispose of a facility Amtrak currently is not using to provide trans18 portation shall notify Amtrak of its intention. If, not later than 60 days

19 after Amtrak receives the notice, Amtrak and the carrier do not agree to

20 retain or maintain the facility or to convey an interest in the facility to Am21 trak, the carrier may apply to the Secretary for approval to downgrade or

22 dispose of the facility.

23 (2) After a rail carrier notifies Amtrak of its intention to downgrade or

24 dispose of a facility, Amtrak shall survey population centers with rail pas25 senger transportation facilities to assist in preparing a valid and timely

26 analysis of the need for the facility and shall update the survey as appro27 priate. Amtrak also shall maintain a system for collecting information gath28 ered in the survey. The system shall collect the information based on geo29 graphic regions and on whether the facility would be part of a short haul

30 or long haul route. The survey should facilitate an analysis of—

31 (A) ridership potential by ascertaining existing and changing travel

32 patterns that would provide maximum efficient rail passenger transpor33 tation;

34 (B) the quality of transportation of competitors or likely competitors;

35 (C) the likelihood of Amtrak offering transportation at a competitive

36 fare;

37 (D) opportunities to target advertising and fares to potential classes

38 of riders;

39 (E) economic characteristics of rail passenger transportation related

40 to the facility and the extent to which the characteristics are consistent
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1 with sound economic principles of short haul or long haul rail transpor2 tation; and

3 (F) the feasibility of applying effective internal cost controls to the

4 facility and route served by the facility to improve the ratio of pas5 senger revenue to transportation expenses (excluding maintenance of

6 tracks, structures, and equipment and depreciation).

7 (d) APPROVAL OF APPLICATION AND PAYMENT OF AVOIDABLE COSTS.—

8 (1) If Amtrak does not object to an application not later than 30 days after

9 it is submitted, the Secretary shall approve the application promptly.

10 (2) If Amtrak objects to an application, the Secretary shall decide by not

11 later than 180 days after the objection those costs the rail carrier may avoid

12 if it does not have to retain or maintain a facility in the condition Amtrak

13 requests. If Amtrak does not agree by not later than 60 days after the deci14 sion to pay the carrier these avoidable costs, the Secretary shall approve the

15 application. When deciding whether to pay a carrier the avoidable costs of

16 retaining or maintaining a facility, Amtrak shall consider—

17 (A) the potential importance of restoring rail passenger transpor18 tation on the route on which the facility is located;

19 (B) the market potential of the route;

20 (C) the availability, adequacy, and energy efficiency of an alternate

21 rail line or alternate mode of transportation to provide passenger trans22 portation to or near the places that would be served by the route;

23 (D) the extent to which major population centers would be served

24 by the route;

25 (E) the extent to which providing transportation over the route

26 would encourage the expansion of an intercity rail passenger system in

27 the United States; and

28 (F) the possibility of increased ridership on a rail line that connects

29 with the route.

30 (e) COMPLIANCE WITH OTHER OBLIGATIONS.—Downgrading or dispos31 ing of a facility under this section does not relieve a rail carrier from

32 complying with its other common carrier or legal obligations related to the

33 facility.

34 § 24310. Assistance for upgrading facilities

35 (a) TO CORRECT DANGEROUS CONDITIONS.—(1) Amtrak or the owner of

36 a facility presenting a danger to the employees, passengers, or property of

37 Amtrak may petition the Secretary of Transportation for assistance to the

38 owner for relocation or other measures undertaken after December 31,

39 1977, to minimize or eliminate the danger.

40 (2) The Secretary shall recommend to Congress that Congress authorize

41 amounts for the relocation or other measures if the Secretary decides that—
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1 (A) the facility presents a danger of death or serious injury to an

2 employee or passenger or of serious damage to that property; and

3 (B) the owner should not be expected to bear the cost of that reloca4 tion or other measures.

5 (b) TO CORRECT STATE AND LOCAL VIOLATIONS.—(1) Amtrak, by itself

6 or jointly with an owner or operator of a rail station Amtrak uses to provide

7 rail passenger transportation, may apply to the Secretary for amounts that

8 may be appropriated under paragraph (2) of this subsection to pay or reim9 burse expenses incurred after October 1, 1987, related to the station com10 plying with an official notice received before October 1, 1987, from a State

11 or local authority stating that the station violates or allegedly violates the

12 building, construction, fire, electric, sanitation, mechanical, or plumbing

13 code.

14 (2) Not more than $1,000,000, may be appropriated to the Secretary to

15 carry out paragraph (1) of this subsection. Amounts appropriated under

16 this paragraph remain available until expended.

17 § 24311. Acquiring interests in property by eminent domain

18 (a) GENERAL AUTHORITY.—(1) To the extent financial resources are

19 available, Amtrak may acquire by eminent domain under subsection (b) of

20 this section interests in property—

21 (A) necessary for intercity rail passenger transportation, except

22 property of a rail carrier, a State, a political subdivision of a State,

23 or a governmental authority; or

24 (B) requested by the Secretary of Transportation in carrying out the

25 Secretary’s duty to design and build an intermodal transportation ter26 minal at Union Station in the District of Columbia if the Secretary

27 assures Amtrak that the Secretary will reimburse Amtrak.

28 (2) Amtrak may exercise the power of eminent domain only if it cannot—

29 (A) acquire the interest in the property by contract; or

30 (B) agree with the owner on the purchase price for the interest.

31 (b) CIVIL ACTIONS.—(1) A civil action to acquire an interest in property

32 by eminent domain under subsection (a) of this section must be brought in

33 the district court of the United States for the judicial district in which the

34 property is located or, if a single piece of property is located in more than

35 one judicial district, in any judicial district in which any piece of the prop36 erty is located. An interest is condemned and taken by Amtrak for its use

37 when a declaration of taking is filed under this subsection and an amount

38 of money estimated in the declaration to be just compensation for the inter39 est is deposited in the court. The declaration may be filed with the com40 plaint in the action or at any time before judgment. The declaration must

41 contain or be accompanied by—
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1 (A) a statement of the public use for which the interest is taken;

2 (B) a description of the property sufficient to identify it;

3 (C) a statement of the interest in the property taken;

4 (D) a plan showing the interest taken; and

5 (E) a statement of the amount of money Amtrak estimates is just

6 compensation for the interest.

7 (2) When the declaration is filed and the deposit is made under para8 graph (1) of this subsection, title to the property vests in Amtrak in fee

9 simple absolute or in the lesser interest shown in the declaration, and the

10 right to the money vests in the person entitled to the money. When the dec11 laration is filed, the court may decide—

12 (A) the time by which, and the terms under which, possession of the

13 property is given to Amtrak; and

14 (B) the disposition of outstanding charges related to the property.

15 (3) After a hearing, the court shall make a finding on the amount that

16 is just compensation for the interest in the property and enter judgment

17 awarding that amount and interest on it. The rate of interest is 6 percent

18 a year and is computed on the amount of the award less the amount depos19 ited in the court from the date of taking to the date of payment.

20 (4) On application of a party, the court may order immediate payment

21 of any part of the amount deposited in the court for the compensation to

22 be awarded. If the award is more than the amount received, the court shall

23 enter judgment against Amtrak for the deficiency.

24 (c) AUTHORITY TO CONDEMN RAIL CARRIER PROPERTY INTERESTS.—

25 (1) If Amtrak and a rail carrier cannot agree on a sale to Amtrak of an

26 interest in property of a rail carrier necessary for intercity rail passenger

27 transportation, Amtrak may apply to the Interstate Commerce Commission

28 for an order establishing the need of Amtrak for the interest and requiring

29 the carrier to convey the interest on reasonable terms, including just com30 pensation. The need of Amtrak is deemed to be established, and the Com31 mission, after holding an expedited proceeding and not later than 120 days

32 after receiving the application, shall order the interest conveyed unless the

33 Commission decides that—

34 (A) conveyance would impair significantly the ability of the carrier

35 to carry out its obligations as a common carrier; and

36 (B) the obligations of Amtrak to provide modern, efficient, and eco37 nomical rail passenger transportation can be met adequately by acquir38 ing an interest in other property, either by sale or by exercising its

39 right of eminent domain under subsection (a) of this section.

40 (2) If the amount of compensation is not determined by the date of the

41 Commission’s order, the order shall require, as part of the compensation,
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1 interest at 6 percent a year from the date prescribed for the conveyance

2 until the compensation is paid.

3 (3) Amtrak subsequently may reconvey to a third party an interest con4 veyed to Amtrak under this subsection or prior comparable provision of law

5 if the Commission decides that the reconveyance will carry out the purposes

6 of this part, regardless of when the proceeding was brought (including a

7 proceeding pending before a United States court on November 28, 1990).

8 § 24312. Labor standards

9 (a) PREVAILING WAGES AND HEALTH AND SAFETY STANDARDS.—(1)

10 Amtrak shall ensure that laborers and mechanics employed by contractors

11 and subcontractors in construction work financed under an agreement made

12 under section 24308(a), 24701(a), or 24704(b)(2) of this title will be paid

13 wages not less than those prevailing on similar construction in the locality,

14 as determined by the Secretary of Labor under the Act of March 3, 1931

15 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5). Amtrak may

16 make such an agreement only after being assured that required labor stand17 ards will be maintained on the construction work. Health and safety stand18 ards prescribed by the Secretary under section 107 of the Contract Work

19 Hours and Safety Standards Act (40 U.S.C. 333) apply to all construction

20 work performed under such an agreement, except for construction work per21 formed by a rail carrier.

22 (2) Wage rates in a collective bargaining agreement negotiated under the

23 Railway Labor Act (45 U.S.C. 151 et seq.) are deemed to comply with the

24 Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—

25 276a–5).

26 (b) CONTRACTING OUT.—(1) Amtrak may not contract out work nor27 mally performed by an employee in a bargaining unit covered by a contract

28 between a labor organization and Amtrak or a rail carrier that provided

29 intercity rail passenger transportation on October 30, 1970, if contracting

30 out results in the layoff of an employee in the bargaining unit.

31 (2) This subsection does not apply to food and beverage services provided

32 on trains of Amtrak.

33 § 24313. Rail safety system program

34 In consultation with rail labor organizations, Amtrak shall maintain a rail

35 safety system program for employees working on property owned by Am36 trak. The program shall be a model for other rail carriers to use in develop37 ing safety programs. The program shall include—

38 (1) periodic analyses of accident information, including primary and

39 secondary causes;

40 (2) periodic evaluations of the activities of the program, particularly

41 specific steps taken in response to an accident;
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1 (3) periodic reports on amounts spent for occupational health and

2 safety activities of the program;

3 (4) periodic reports on reduced costs and personal injuries because

4 of accident prevention activities of the program;

5 (5) periodic reports on direct accident costs, including claims related

6 to accidents; and

7 (6) reports and evaluations of other information Amtrak considers

8 appropriate.

9 § 24314. Demonstration of new technology

10 (a) PLAN.—Amtrak shall develop a plan for demonstrating new tech11 nology in rail passenger equipment. The plan shall provide that new equip12 ment that Amtrak procures that may increase train speed significantly over

13 existing rail facilities shall be demonstrated, to the extent practicable,

14 throughout the intercity rail passenger system.

15 (b) REPORT.—Not later than September 30, 1993, Amtrak shall submit

16 to the Committee on Energy and Commerce of the House of Representatives

17 and the Committee on Commerce, Science, and Transportation of the Sen18 ate a report summarizing the plan developed under subsection (a) of this

19 section, including its goals, locations for technology demonstration, and a

20 schedule for carrying out the plan.

21 (c) COOPERATION.—To make efforts to increase train speed throughout

22 the intercity rail passenger system easier, Amtrak shall consult and cooper23 ate, to the extent feasible, on request of eligible applicants proposing a tech24 nology demonstration authorized and financed under a law of the United

25 States, with those applicants.

26 § 24315. Reports and audits

27 (a) AMTRAK ANNUAL OPERATIONS REPORT.—Not later than February

28 15 of each year, Amtrak shall submit to Congress a report that—

29 (1) for each route on which Amtrak provided intercity rail passenger

30 transportation during the prior fiscal year, includes information on—

31 (A) ridership;

32 (B) passenger-miles;

33 (C) the short-term avoidable profit or loss for each passenger34 mile;

35 (D) the revenue-to-cost ratio;

36 (E) revenues;

37 (F) the United States Government subsidy;

38 (G) the subsidy not provided by the United States Government;

39 and

40 (H) on-time performance;
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1 (2) provides relevant information about a decision to pay an officer

2 of Amtrak more than the rate for level I of the Executive Schedule

3 under section 5312 of title 5; and

4 (3) specifies—

5 (A) significant operational problems Amtrak identifies; and

6 (B) proposals by Amtrak to solve those problems.

7 (b) AMTRAK GENERAL AND LEGISLATIVE ANNUAL REPORT.—(1) Not

8 later than February 15 of each year, Amtrak shall submit to the President

9 and Congress a complete report of its operations, activities, and accomplish10 ments, including a statement of revenues and expenditures for the prior fis11 cal year. The report—

12 (A) shall include a discussion and accounting of Amtrak’s success in

13 meeting the goal of section 24902(b) of this title; and

14 (B) may include recommendations for legislation, including the

15 amount of financial assistance needed for operations and capital im16 provements, the method of computing the assistance, and the sources

17 of the assistance.

18 (2) Amtrak may submit reports to the President and Congress at other

19 times Amtrak considers desirable.

20 (c) SECRETARY’S REPORT ON EFFECTIVENESS OF THIS PART.—The Sec21 retary of Transportation shall prepare a report on the effectiveness of this

22 part in meeting the requirements for a balanced transportation system in

23 the United States. The report may include recommendations for legislation.

24 The Secretary shall include this report as part of the annual report the Sec25 retary submits under section 308(a) of this title.

26 (d) INDEPENDENT AUDITS.—An independent certified public accountant

27 shall audit the financial statements of Amtrak each year. The audit shall

28 be carried out at the place at which the financial statements normally are

29 kept and under generally accepted auditing standards. A report of the audit

30 shall be included in the report required by subsection (a) of this section.

31 (e) COMPTROLLER GENERAL AUDITS.—The Comptroller General may

32 conduct performance audits of the activities and transactions of Amtrak.

33 Each audit shall be conducted at the place at which the Comptroller General

34 decides and under generally accepted management principles. The Comptrol35 ler General may prescribe regulations governing the audit.

36 (f) AVAILABILITY OF RECORDS AND PROPERTY OF AMTRAK AND RAIL

37 CARRIERS.—Amtrak and, if required by the Comptroller General, a rail car38 rier with which Amtrak has made a contract for intercity rail passenger

39 transportation shall make available for an audit under subsection (d) or (e)

40 of this section all records and property of, or used by, Amtrak or the carrier

41 that are necessary for the audit. Amtrak and the carrier shall provide facili-
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1 ties for verifying transactions with the balances or securities held by deposi2 tories, fiscal agents, and custodians. Amtrak and the carrier may keep all

3 reports and property.

4 (g) COMPTROLLER GENERAL’S REPORT TO CONGRESS.—The Comptroller

5 General shall submit to Congress a report on each audit, giving comments

6 and information necessary to inform Congress on the financial operations

7 and condition of Amtrak and recommendations related to those operations

8 and conditions. The report also shall specify any financial transaction or un9 dertaking the Comptroller General considers is carried out without authority

10 of law. When the Comptroller General submits a report to Congress, the

11 Comptroller General shall submit a copy of it to the President, the Sec12 retary, and Amtrak at the same time.

13 CHAPTER 245—AMTRAK COMMUTER

Sec.

24501. Status and applicable laws.

24502. Board of directors.

24503. Officers.

24504. General authority.

24505. Commuter rail passenger transportation.

24506. Certain duties and powers unaffected.

14 § 24501. Status and applicable laws

15 (a) STATUS.—Amtrak Commuter—

16 (1) is a wholly-owned subsidiary of Amtrak;

17 (2) provides by contract commuter rail passenger transportation for

18 a commuter authority with which Amtrak Commuter makes a contract

19 to provide the transportation under this chapter;

20 (3) has no common carrier obligations to provide rail passenger or

21 rail freight transportation; and

22 (4) is not a department, agency, or instrumentality of the United

23 States Government.

24 (b) APPLICATION OF SAFETY AND EMPLOYEE RELATIONS LAWS AND

25 REGULATIONS.—Chapter 105 of this title does not apply to Amtrak Com26 muter. However, laws and regulations governing safety, employee represen27 tation for collective bargaining purposes, the handling of disputes between

28 carriers and employees, employee retirement, annuity, and unemployment

29 systems, and other dealings with employees that apply to a rail carrier pro30 viding transportation subject to subchapter I of chapter 105 apply to Am31 trak Commuter.

32 (c) APPLICATION OF CERTAIN ADDITIONAL LAWS.—This part and, to the

33 extent consistent with this part, the District of Columbia Business Corpora34 tion Act (D.C. Code § 29–301 et seq.) apply to Amtrak Commuter.
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1 (d) NONAPPLICATION OF RATE, ROUTE, AND SERVICE LAWS.—A State

2 or other law related to rates, routes, or service in connection with rail pas3 senger transportation does not apply to Amtrak Commuter.

4 (e) PREEMPTION RELATED TO EMPLOYEE WORK REQUIREMENTS.—A

5 State may not adopt or continue in force a law, rule, regulation, order, or

6 standard requiring Amtrak Commuter to employ a specified number of indi7 viduals to perform a particular task, function, or operation.

8 (f) EXEMPTION FROM ADDITIONAL TAXES.—(1) In this subsection, ‘‘ad9 ditional tax’’ means a tax or fee—

10 (A) on the acquisition, improvement, ownership, or operation of per11 sonal property by Amtrak Commuter; and

12 (B) on real property, except a tax or fee on the acquisition of real

13 property or on the value of real property not attributable to improve14 ments made, or the operation of those improvements, by Amtrak Com15 muter.

16 (2) Amtrak Commuter is not required to pay an additional tax because

17 of an expenditure to acquire or improve real property, equipment, a facility,

18 or right-of-way material or structures used to provide rail passenger trans19 portation.

20 (g) TAX EXEMPTION FOR CERTAIN COMMUTER AUTHORITIES.—A com21 muter authority with which Amtrak Commuter could have made a contract

22 to provide commuter rail passenger transportation under this chapter but

23 which decided to provide its own rail passenger transportation beginning on

24 January 1, 1983, is exempt, effective October 1, 1981, from paying a tax

25 or fee to the same extent Amtrak is exempt.

26 (h) NONAPPLICATION OF AGREEMENTS FOR FINANCIAL SUPPORT AND

27 TRACKAGE RIGHTS.—An agreement under which financial support was pro28 vided on January 2, 1974, to a commuter authority to continue rail pas29 senger transportation does not apply to Amtrak Commuter. However, Am30 trak and the Consolidated Rail Corporation retain appropriate trackage

31 rights over rail property owned or leased by the authority. Compensation

32 for the rights shall be reasonable.

33 § 24502. Board of directors

34 (a) COMPOSITION.—The board of directors of Amtrak Commuter is com35 posed of the following directors:

36 (1) the President of Amtrak Commuter.

37 (2) one individual from the board of directors of Amtrak selected as

38 a representative of commuter authorities that make contracts with Am39 trak Commuter for the operation of commuter rail passenger transpor40 tation.

41 (3) 2 individuals selected by the board of directors of Amtrak.
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1 (4) 2 individuals selected by commuter authorities for which Amtrak

2 Commuter provides commuter rail transportation under this chapter.

3 However, only one individual shall be selected under this clause if Am4 trak Commuter provides the transportation for only one authority.

5 (b) TERMS.—Except as otherwise provided in this section, individuals

6 shall serve for 2 years.

7 (c) CHAIRMAN.—The board shall select annually one of its members to

8 serve as Chairman.

9 (d) PAY AND EXPENSES.—Each director not employed by the United

10 States Government is entitled to $300 a day when performing board duties

11 and powers. Each director is entitled to reimbursement for necessary travel,

12 reasonable secretarial and professional staff support, and subsistence ex13 penses incurred in attending board meetings.

14 (e) VACANCIES.—A vacancy on the board is filled in the same way as the

15 original selection.

16 (f) BYLAWS.—The board may adopt and amend bylaws governing the op17 eration of Amtrak Commuter. The bylaws shall be consistent with this part

18 and the articles of incorporation.

19 § 24503. Officers

20 (a) APPOINTMENT AND TERMS.—Amtrak Commuter has a President and

21 other officers that are named and appointed by the board of directors of

22 Amtrak Commuter. An officer of Amtrak Commuter must be a citizen of

23 the United States. Officers of Amtrak Commuter serve at the pleasure of

24 the board.

25 (b) PAY.—The board may fix the pay of the officers of Amtrak Com26 muter. An officer may be paid not more than the general level of pay for

27 officers of rail carriers with comparable responsibility.

28 (c) CONFLICTS OF INTEREST.—When employed by Amtrak Commuter, an

29 officer may not have a financial or employment relationship with a rail car30 rier, except that holding securities issued by a rail carrier is not deemed

31 to be a violation of this subsection if the officer holding the securities makes

32 a complete public disclosure of the holdings and does not participate in any

33 decision directly affecting the rail carrier.

34 § 24504. General authority

35 (a) GENERAL.—Amtrak Commuter may—

36 (1) acquire, operate, maintain, and make contracts for the operation

37 of equipment and facilities necessary for commuter rail passenger

38 transportation;

39 (2) conduct research and development related to the mission of Am40 trak Commuter; and

41 (3) issue common stock to Amtrak.
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1 (b) OPERATION AND CONTROL.—To the extent consistent with this part

2 and with an agreement with a commuter authority, Amtrak Commuter shall

3 operate and control all aspects of the commuter rail passenger transpor4 tation it provides.

5 (c) AGREEMENT TO AVOID DUPLICATING EMPLOYEE FUNCTIONS.—To

6 the maximum extent practicable, Amtrak Commuter and Amtrak shall make

7 an agreement that avoids duplicating employee functions and voluntarily es8 tablishes a consolidated work force.

9 § 24505. Commuter rail passenger transportation

10 (a) GENERAL AUTHORITY.—Amtrak Commuter—

11 (1) shall provide commuter rail passenger transportation that the

12 Consolidated Rail Corporation was obligated to provide on August 13,

13 1981, under section 303(b)(2) or 304(e) of the Regional Rail Reorga14 nization Act of 1973 (45 U.S.C. 743(b)(2), 744(e)); and

15 (2) may provide other commuter rail passenger transportation if the

16 commuter authority for which the transportation will be provided offers

17 to provide a commuter rail passenger transportation payment equal to

18 the—

19 (A) avoidable costs of providing the transportation (including

20 the avoidable cost of necessary capital improvements) and a rea21 sonable return on the value; less

22 (B) revenue attributable to the transportation.

23 (b) OFFER REQUIREMENTS.—(1) A commuter authority making an offer

24 under subsection (a)(2) of this section shall—

25 (A) show that it has obtained access to all rail property necessary

26 to provide the additional commuter rail passenger transportation; and

27 (B) make the offer according to regulations the Rail Services Plan28 ning Office prescribes under section 10362(b)(5)(A) and (6) of this

29 title.

30 (2) The Office may revise and update the regulations when necessary to

31 carry out this section.

32 (c) ADDITIONAL EMPLOYEE REQUIREMENTS.—Additional employee re33 quirements shall be met through existing seniority arrangements agreed to

34 in the implementing agreement negotiated under section 508 of the Rail

35 Passenger Service Act.

36 (d) WHEN OBLIGATION DOES NOT APPLY.—Amtrak Commuter is not

37 obligated to provide commuter rail passenger transportation if a commuter

38 authority provides the transportation or makes a contract under which a

39 person, except Amtrak Commuter, will provide the transportation. When ap40 propriate, Amtrak Commuter shall give the authority or person access to

41 the rail property needed to provide the transportation.
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1 (e) DISCONTINUANCE OF COMMUTER RAIL PASSENGER TRANSPOR2 TATION.—(1) Amtrak Commuter may discontinue commuter rail passenger

3 transportation provided under this section on 60 days’ notice if—

4 (A) a commuter authority does not offer a commuter rail passenger

5 transportation payment under subsection (a)(2) of this section; or

6 (B) a payment is not paid when due.

7 (2) The Office shall prescribe regulations on the necessary contents of the

8 notice required under this subsection.

9 (f) COMPENSATION FOR RIGHT-OF-WAY RELATED COSTS.—Compensa10 tion by a commuter authority to Amtrak or Amtrak Commuter for right11 of-way related costs for transportation over property Amtrak owns shall be

12 determined under a method the Interstate Commerce Commission estab13 lishes under section 1163 of the Omnibus Budget Reconciliation Act of

14 1981 (45 U.S.C. 1111) or to which the parties agree.

15 (g) APPLICATION OF OTHER LAWS.—All laws related to commuter rail

16 passenger transportation apply to a commuter authority providing com17 muter rail passenger transportation under this section.

18 § 24506. Certain duties and powers unaffected

19 This chapter does not affect a duty or power of the Consolidated Rail

20 Corporation or its successor and any bi-state commuter authority under an

21 agreement, lease, or contract under which property was conveyed to the Cor22 poration under the Regional Rail Reorganization Act of 1973 (45 U.S.C.

23 701 et seq.).

24 CHAPTER 247—AMTRAK ROUTE SYSTEM

Sec.

24701. Operation of basic system.

24702. Improving rail passenger transportation.

24703. Route and service criteria.

24704. Transportation requested by States, authorities, and other persons.

24705. Additional qualifying routes.

24706. Discontinuance of transportation.

24707. Cost and performance review.

24708. Special commuter transportation.

24709. International transportation.

25 § 24701. Operation of basic system

26 (a) BY AMTRAK.—Amtrak shall provide intercity rail passenger transpor27 tation within the basic system unless the transportation is provided by—

28 (1) a rail carrier with which Amtrak did not make a contract under

29 section 401(a) of the Rail Passenger Service Act; or

30 (2) a regional transportation authority under contract with Amtrak.

31 (b) BY OTHERS WITH CONSENT OF AMTRAK.—Except as provided in

32 section 24306 of this title, a person may provide intercity rail passenger

33 transportation over a route over which Amtrak provides scheduled intercity
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1 rail passenger transportation under a contract under section 401(a) of the

2 Act only with the consent of Amtrak.

3 § 24702. Improving rail passenger transportation

4 (a) PLAN TO IMPROVE TRANSPORTATION.—Amtrak shall continue to

5 carry out its plan, submitted under section 305(f) of the Rail Passenger

6 Service Act, to improve intercity rail passenger transportation provided in

7 the basic system. The plan shall include—

8 (1) a zero-based assessment of all operating practices;

9 (2) changes to achieve the minimum use of employees consistent with

10 safe operations and adequate transportation;

11 (3) a systematic program for achieving the greatest ratio of train

12 size to passenger demand;

13 (4) a systematic program to reduce trip time in the basic system;

14 (5) establishing training programs to achieve on-time departures;

15 (6) establishing priorities for passenger trains over freight trains;

16 (7) adjusting the buying and pricing of food and beverages so that

17 food and beverage services ultimately will be profitable;

18 (8) cooperative marketing opportunities between Amtrak and govern19 mental authorities that have intercity rail passenger transportation;

20 and

21 (9) cooperative marketing campaigns sponsored by Amtrak and the

22 Secretary of Energy, the Administrator of the Federal Highway Ad23 ministration, and the Administrator of the Environmental Protection

24 Agency.

25 (b) STATE AND LOCAL SPEED RESTRICTIONS.—Amtrak shall—

26 (1) identify any speed restriction a State or local government im27 poses on a train of Amtrak that Amtrak decides impedes Amtrak from

28 achieving high-speed intercity rail passenger transportation; and

29 (2) consult with that State or local government—

30 (A) to evaluate alternatives to the speed restriction, considering

31 the local safety hazard that is the basis for the restriction; and

32 (B) to consider modifying or eliminating the restriction to allow

33 safe operation at higher speeds.

34 (c) HIGH-SPEED RAIL TRANSPORTATION DEVELOPMENT.—On reason35 able request by a State, political subdivision of a State, regional partner36 ship, private sector representative, or other qualified person, Amtrak shall

37 consult and cooperate to the extent feasible with that person to assist the

38 efforts of that person to achieve high-speed rail transportation through

39 equipment upgrades, grade-crossing safety improvements, and incremental

40 infrastructure improvements on existing rail facilities that Amtrak uses (ex41 cept the Northeast Corridor facilities). Not later than September 30, 1993,
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1 Amtrak shall submit to the Committee on Energy and Commerce of the

2 House of Representatives and the Committee on Commerce, Science, and

3 Transportation of the Senate a report on its efforts under this subsection.

4 (d) ROUTES CONNECTING CORRIDORS.—Amtrak shall begin or improve

5 appropriate rail passenger transportation on a route between corridors that

6 Amtrak decides is justified because it will increase ridership on trains of

7 Amtrak on the route and in the connecting corridors.

8 § 24703. Route and service criteria

9 (a) ROUTE DISCONTINUANCES AND ADDITIONS.—Except as provided in

10 this part, route discontinuances and route additions shall comply with the

11 route and service criteria.

12 (b) CONGRESSIONAL REVIEW OF CRITERIA AMENDMENTS.—(1) Amtrak

13 shall submit to Congress a draft of an amendment to the route and service

14 criteria when Amtrak decides an amendment is appropriate. The amend15 ment is effective at the end of the first period of 120 calendar days of con16 tinuous session of Congress after it is submitted unless there is enacted into

17 law during the period a joint resolution stating Congress does not approve

18 the amendment.

19 (2) In this subsection—

20 (A) a continuous session of Congress is broken only by an adjourn21 ment sine die; and

22 (B) the 120-day period does not include days on which either House

23 is not in session because of adjournment of more than 3 days to a day

24 certain.

25 (c) NONAPPLICATION.—The route and service criteria do not apply to—

26 (1) increasing or, because of construction schedules or other tem27 porary disruptive facts or seasonal fluctuations in ridership, decreasing

28 the number of trains on an existing route or a part of an existing route

29 or on a route on which additional trains are being tested;

30 (2) carrying out the recommendations developed under section 4 of

31 the Amtrak Improvement Act of 1978;

32 (3) rerouting transportation between major population centers on an

33 existing route; or

34 (4)(A) modifying transportation operations under section 24707(a)

35 of this title; and

36 (B) modifying the route system or discontinuing transportation

37 under section 24707(b) of this title.

38 § 24704. Transportation requested by States, authorities,

39 and other persons

40 (a) APPLICATIONS TO BEGIN OR KEEP TRANSPORTATION.—(1) A State,

41 a regional or local authority, or another person may apply to Amtrak and
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1 request Amtrak to provide rail passenger transportation or keep any part

2 of a route, a train, or transportation that Amtrak intends to discontinue

3 under section 24706(a) or (b) or 24707(a) or (b) of this title. An applica4 tion shall—

5 (A) assure Amtrak that the State, authority, or person has sufficient

6 resources to meet its share of the cost of the transportation for the

7 time the transportation will be provided;

8 (B) contain a market analysis acceptable to Amtrak to ensure that

9 there is adequate demand for the transportation; and

10 (C) commit the State, authority, or person to provide at least 45 per11 cent of the short term avoidable loss of providing the transportation

12 the first year the transportation is provided and at least 65 percent of

13 the short term avoidable loss each of the following years, and, except

14 as provided in section 24104(a) of this title, at least 50 percent of as15 sociated capital costs each year the transportation is provided.

16 (2) An application submitted by more than one State shall be considered

17 in the same way as an application submitted by one State, without it being

18 necessary for each State to comply with paragraph (1) of this subsection.

19 (b) ACTIONS ON APPLICATIONS.—(1) Amtrak shall review each applica20 tion submitted under subsection (a) of this section to decide whether—

21 (A) the application complies with subsection (a); and

22 (B) there is a reasonable probability that Amtrak can provide the

23 transportation from available resources.

24 (2) Amtrak may make an agreement with an applicant under this section

25 to begin or keep the transportation if Amtrak decides that the transpor26 tation can be provided with resources available to Amtrak. An agreement

27 may be renewed for additional periods of not more than 2 years each.

28 (c) SELECTING AMONG COMPETING APPLICATIONS.—If more than one

29 application is made for transportation consistent with the requirements of

30 subsection (a) of this section, but all the transportation applied for cannot

31 be provided with the available resources of Amtrak, the board of directors

32 of Amtrak shall select the transportation that best serves the public interest

33 and can be provided with the available resources of Amtrak.

34 (d) FARE INCREASES.—(1) Before increasing a fare applicable to trans35 portation provided under subsection (b)(2) of this section by more than 5

36 percent during a 6-month period, Amtrak shall consult with officials of each

37 State affected by the increase and explain why the increase is necessary.

38 (2) Except as provided in paragraph (3) of this subsection, a fare in39 crease described in paragraph (1) of this subsection takes effect 90 days

40 after Amtrak first consults with the affected States. However, not later than

41 30 days after the first consultation, a State may submit proposals to Am-
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1 trak for reducing costs and increasing revenues of the transportation. Am2 trak shall consider the proposals in deciding how much of the proposed in3 crease shall go into effect.

4 (3)(A) Amtrak may increase a fare without regard to the restrictions of

5 this subsection during—

6 (i) the first month of a fiscal year if the authorization of appropria7 tions and the appropriations for Amtrak are not enacted at least 90

8 days before the beginning of the fiscal year; or

9 (ii) the 30 days following enactment of an appropriation for Amtrak

10 or a rescission of an appropriation.

11 (B) Amtrak shall notify each affected State of an increase under subpara12 graph (A) of this paragraph as soon as possible after Amtrak decides to

13 increase a fare.

14 (e) DETERMINING LOSS, COSTS, AND REVENUES.—After consulting with

15 officials of each State contributing to providing transportation under sub16 section (b)(2) of this section, the board shall establish the basis for deter17 mining short term avoidable loss and associated capital costs of, and reve18 nues from, the transportation. Amtrak shall give State officials the basis for

19 determining the loss, cost, and revenue for each route on which transpor20 tation is provided under subsection (b)(2).

21 (f) AVAILABILITY OF AMOUNTS.—Amounts provided by Amtrak under an

22 agreement with an applicant under subsection (b)(2) of this section that are

23 allocated for associated capital costs remain available until expended.

24 (g) ADVERTISING AND PROMOTION.—At least 2 percent but not more

25 than 5 percent of the revenue generated by transportation provided under

26 subsection (b)(2) of this section shall be used for advertising and promotion

27 at the local level.

28 § 24705. Additional qualifying routes

29 (a) ROUTES RECOMMENDED FOR DISCONTINUANCE.—(1) To maintain a

30 national intercity rail passenger system in the United States and if a reduc31 tion in operating expenses can be achieved, Amtrak shall provide rail pas32 senger transportation over each route the Secretary of Transportation rec33 ommended be discontinued under section 4 of the Amtrak Improvement Act

34 of 1978 and may restructure a route to serve a major population center as

35 an ending place or principal intermediate place. Transportation over a long

36 distance route shall be maintained if the Amtrak estimate for the fiscal year

37 ending September 30, 1980, was that the short term avoidable loss for each

38 passenger mile on the route was not more than 7 cents. Transportation over

39 a short distance route shall be maintained if the Amtrak estimate for the

40 fiscal year ending September 30, 1980, was that the short term avoidable

41 loss for each passenger mile on the route was not more than 9 cents.
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1 (2) For all routes, Amtrak shall calculate short term avoidable loss for

2 each passenger-mile based on consistently defined factors. Calculations shall

3 be based on the most recent available statistics for a 90-day period, except

4 that Amtrak may use historical information adjusted to reflect the most re5 cent available statistics.

6 (b) DEFERRAL OF SECRETARY’S RECOMMENDATIONS.—(1) To provide

7 equivalent or improved transportation consistent with the goals of section

8 4(a) of the Act, Amtrak may defer carrying out a recommendation of the

9 Secretary under section 4 of the Act that requires providing transportation

10 over a rail line not used in intercity rail passenger transportation on May

11 24, 1979, requires using a new facility, or requires making a new labor

12 agreement, until any necessary capital improvements are made in the line

13 or facility or the agreement is made.

14 (2) Notwithstanding another law and the route and service criteria, dur15 ing the period a decision of the Secretary under section 4 of the Act is de16 ferred, Amtrak shall provide substitute transportation over existing routes

17 recommended for restructuring and over other existing feasible routes. Ex18 cept for transportation concentrating on commuter ridership over a short

19 haul route, transportation provided under this paragraph may be provided

20 only if the route complies with subsection (a) of this section, adjusted to

21 reflect constant 1979 dollars.

22 (c) SHORT HAUL DEMONSTRATION ROUTES.—Notwithstanding this part,

23 Amtrak may provide short haul trains on additional routes totaling not

24 more than 200 miles that link at least 2 major metropolitan areas—

25 (1) on a demonstration basis to establish the feasibility and benefits

26 of the transportation; and

27 (2) to the extent available resources allow.

28 (d) ROUTES DISCONTINUED BY RAIL CARRIERS.—Amtrak may undertake

29 to provide rail passenger transportation between places served by a rail car30 rier filing a notice of discontinuance under section 10908 or 10909 of this

31 title.

32 § 24706. Discontinuance of transportation

33 (a) NOTICE OF DISCONTINUANCE.—(1) Except as provided in subsection

34 (b) of this section, at least 90 days before transportation is discontinued

35 under section 24704(b) or 24707(a) or (b) of this title, Amtrak shall give

36 notice of the discontinuance in the way Amtrak decides will give a State,

37 a regional or local authority, or another person the opportunity to agree to

38 share the cost of any part of the train, route, or transportation to be discon39 tinued.
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1 (2) Notice of the discontinuance of transportation under section 24704(b)

2 or 24707(a) or (b) of this title shall be posted in all stations served by the

3 train to be discontinued at least 14 days before the discontinuance.

4 (b) DISCONTINUANCE FOR LACK OF APPROPRIATIONS.—(1) Amtrak may

5 discontinue transportation under section 24704(b) or 24707(a) or (b) of

6 this title during—

7 (A) the first month of a fiscal year if the authorization of appropria8 tions and the appropriations for Amtrak are not enacted at least 90

9 days before the beginning of the fiscal year; and

10 (B) the 30 days following enactment of an appropriation for Amtrak

11 or a rescission of an appropriation.

12 (2) Amtrak shall notify each affected State or regional or local transpor13 tation authority of a discontinuance under this subsection as soon as pos14 sible after Amtrak decides to discontinue the transportation.

15 (c) EMPLOYEE PROTECTIVE ARRANGEMENTS.—(1) Amtrak or a rail car16 rier (including a terminal company) shall provide fair and equitable arrange17 ments to protect the interests of its employees affected by a discontinuance

18 of intercity rail passenger service, including a discontinuance of service pro19 vided by a rail carrier under a facility or service agreement under section

20 24308(a) of this title under a modification or ending of the agreement or

21 because Amtrak begins providing that service. Arrangements shall include—

22 (A) the preservation of rights, privileges, and benefits (including con23 tinuation of pension rights and benefits) under existing collective bar24 gaining agreements or otherwise;

25 (B) the continuation of collective bargaining rights;

26 (C) the protection of employees against a worsening of their posi27 tions related to employment;

28 (D) assurances of priority of reemployment of employees whose em29 ployment is ended or who are laid off; and

30 (E) paid training and retraining programs.

31 (2) With respect to Amtrak’s obligations under this subsection and in an

32 agreement to carry out this subsection involving only Amtrak and its em33 ployees, a discontinuance of intercity rail passenger service does not include

34 an adjustment in frequency, or seasonal suspension of intercity rail pas35 senger trains that causes a temporary suspension of service, unless the ad36 justment or suspension reduces passenger train operations on a particular

37 route to fewer than 3 round trips a week at any time during a calendar

38 year.

39 (3) Arrangements under this subsection shall provide benefits at least

40 equal to benefits established under section 11347 of this title.
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1 (4) A contract under this chapter or section 24308(a) of this title shall

2 specify the terms of protective arrangements.

3 (5) This subsection does not impose on Amtrak an obligation of a rail

4 carrier related to a right, privilege, or benefit earned by an employee be5 cause of previous service performed for the carrier.

6 (6) This subsection does not apply to Amtrak Commuter.

7 § 24707. Cost and performance review

8 (a) ROUTE REVIEWS.—Amtrak shall review annually each route in the

9 basic system to decide if the route meets the long distance or short distance

10 route criterion, as appropriate, under section 24705(a)(1) of this title, ad11 justed to reflect constant 1979 dollars. The review shall include an evalua12 tion of the potential market demand for, and the cost of providing transpor13 tation on, a part of the route and an alternative route. Amtrak shall submit

14 the results of the review to the House of Representatives, the Senate, and

15 the Secretary of Transportation. If Amtrak decides that a route will not

16 meet the criterion under section 24705(a)(1), as adjusted, Amtrak shall

17 modify or discontinue rail passenger transportation operations on the route

18 so that it will meet the criterion.

19 (b) FINANCIAL REQUIREMENTS AND PERFORMANCE STANDARDS.—Not

20 later than 30 days after the beginning of each fiscal year, Amtrak shall

21 evaluate the financial requirements for operating the basic system and the

22 progress in achieving the system-wide performance standards prescribed

23 under this part during the fiscal year. If Amtrak decides amounts available

24 for the fiscal year are not enough to meet estimated operating costs, or if

25 Amtrak estimates it cannot meet the performance standards, Amtrak shall

26 act to reduce costs and improve performance. Action under this subsection

27 shall be designed to continue the maximum level of transportation prac28 ticable, including—

29 (1) changing the frequency of transportation;

30 (2) increasing fares;

31 (3) reducing the cost of sleeper car and dining car service on certain

32 routes;

33 (4) increasing the passenger capacity of cars used on certain routes;

34 and

35 (5) modifying the route system or discontinuing transportation over

36 routes, considering short term avoidable loss and the number of pas37 sengers served on those routes.

38 (c) COST LIMITATIONS AND REVENUE GOALS.—Annual costs of Amtrak

39 may not be more than amounts, including grants made under section 24104

40 of this title, contributions of States, regional and local authorities, and other

41 persons, and revenues, available to Amtrak in the fiscal year. Amtrak annu-
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1 ally shall set a goal of recovering an amount so that its revenues, including

2 contributions, is at least 61 percent of its costs, except capital costs.

3 (d) CONDUCTOR REPORTS.—To assess the operational performance of

4 trains, the President of Amtrak may direct the conductor on any train of

5 Amtrak to report to Amtrak any inadequacy of train operation. The report

6 shall be signed by the conductor, contain sufficient information to locate

7 equipment or personnel failures, and be submitted promptly to Amtrak.

8 § 24708. Special commuter transportation

9 (a) Amtrak shall continue to provide rail passenger transportation pro10 vided under section 403(d) of the Rail Passenger Service Act before October

11 1, 1981, if, after considering estimated fare increases and State and local

12 contributions to the transportation, the transportation meets the short dis13 tance route criterion under section 24705(a)(1) of this title, as adjusted.

14 Transportation continued under this section shall be financed consistent

15 with the method of financing in effect on September 30, 1981. If the trans16 portation is not estimated to meet the criterion, as adjusted, Amtrak may

17 modify or discontinue the transportation so that the criterion is met.

18 (b) TRANSPORTATION WITH SHORT-TERM AVOIDABLE LOSS.—Notwith19 standing subsection (a) of this section, if after September 30, 1993, and be20 fore October 1, 1995, transportation provided under subsection (a) on a

21 route during the prior 6 months has a short-term avoidable loss (excluding

22 the cost of providing passenger equipment needed to provide the transpor23 tation), Amtrak may choose to consider modifying or discontinuing the

24 transportation. If Amtrak does make such a choice, Amtrak shall solicit

25 public comment for at least 30 days on alternatives to the modification or

26 discontinuance. Not later than 60 days after the comment period ends, Am27 trak may modify or discontinue the transportation so that there is no short28 term avoidable loss under this section for providing the transportation on

29 the route.

30 § 24709. International transportation

31 Amtrak may develop and operate international intercity rail passenger

32 transportation between the United States and Canada and between the

33 United States and Mexico. The Secretary of the Treasury and the Attorney

34 General, in cooperation with Amtrak, shall maintain, consistent with the ef35 fective enforcement of the immigration and customs laws, en route customs

36 inspection and immigration procedures for international intercity rail pas37 senger transportation that will—

38 (1) be convenient for passengers; and

39 (2) result in the quickest possible international intercity rail pas40 senger transportation.
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1 CHAPTER 249—NORTHEAST CORRIDOR IMPROVEMENT

2 PROGRAM

Sec.

24901. Definitions.

24902. Goals and requirements.

24903. Program master plan for Boston-New York main line.

24904. General authority.

24905. Coordination board and safety committee.

24906. Eliminating highway at-grade crossings.

24907. Note and mortgage.

24908. Transfer taxes and levies and recording charges.

24909. Authorization of appropriations.

3 § 24901. Definitions

4 In this chapter—

5 (1) ‘‘final system plan’’ means the final system plan (including addi6 tions) adopted by the United States Railway Association under the Re7 gional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.).

8 (2) ‘‘rail carrier’’ means an express carrier and a rail carrier as de9 fined in section 10102 of this title, including Amtrak.

10 § 24902. Goals and requirements

11 (a) NORTHEAST CORRIDOR IMPROVEMENT PLAN.—To the extent of

12 amounts appropriated under section 24909 of this title, Amtrak shall carry

13 out a Northeast Corridor improvement program to achieve the following

14 goals:

15 (1) establish not later than September 30, 1985, regularly scheduled

16 and dependable intercity rail passenger transportation between—

17 (A) Boston, Massachusetts, and New York, New York, in not

18 more than 3 hours and 40 minutes, including intermediate stops;

19 and

20 (B) New York, New York, and the District of Columbia, in not

21 more than 2 hours and 40 minutes, including intermediate stops;

22 (2) improve facilities, under route criteria approved by Congress, on

23 routes to Harrisburg, Pennsylvania, Albany, New York, and Atlantic

24 City, New Jersey, from the Northeast Corridor main line, and to Bos25 ton, Massachusetts, and New Haven, Connecticut, from Springfield,

26 Massachusetts, to make those facilities more compatible with improved

27 high-speed transportation provided on the Northeast Corridor main

28 line;

29 (3) improve nonoperational parts of stations, related facilities, and

30 fencing used in intercity rail passenger transportation;

31 (4) facilitate improvements in, and usage of, commuter rail pas32 senger, rail rapid transit, and local public transportation, to the extent

33 compatible with clauses (1)–(3) of this subsection and subsections (f)

34 and (h) of this section;
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1 (5) maintain and improve rail freight transportation in or adjacent

2 to the Northeast Corridor and through-freight transportation in the

3 Northeast Corridor, to the extent compatible with clauses (1)–(4) of

4 this subsection and subsections (f) and (h) of this section;

5 (6) continue and improve passenger radio mobile telephone service on

6 high-speed rail passenger transportation between Boston, Massachu7 setts, and the District of Columbia, to the extent compatible with

8 clauses (1)–(3) of this subsection and subsections (f) and (h) of this

9 section; and

10 (7) eliminate to the maximum extent practicable congestion in rail

11 freight and rail passenger transportation at the Baltimore and Potomac

12 Tunnel in Baltimore, Maryland, by rehabilitating and improving the

13 tunnel and the rail lines approaching the tunnel.

14 (b) MANAGING COSTS AND REVENUES.—Amtrak shall manage its operat15 ing costs, pricing policies, and other factors with the goal of having revenues

16 derived each fiscal year from providing intercity rail passenger transpor17 tation over the Northeast Corridor route between the District of Columbia

18 and Boston, Massachusetts, equal at least the operating costs of providing

19 that transportation in that fiscal year.

20 (c) COST SHARING FOR NONOPERATIONAL FACILITIES.—(1) Fifty per21 cent of the cost of improvements under subsection (a)(3) of this section

22 shall be paid by a State, local or regional transportation authority or other

23 responsible party. However, Amtrak may finance entirely a safety-related

24 improvement.

25 (2) When a part of the cost of improvements under subsection (a)(3) of

26 this section will be paid by a responsible party under paragraph (1) of this

27 subsection, Amtrak may make an agreement with the party under which

28 Amtrak—

29 (A) shall carry out the improvements with amounts appropriated

30 under section 24909 of this title and the party shall reimburse Amtrak;

31 and

32 (B) to the extent provided in an appropriation law, may incur obliga33 tions for contracts to carry out the improvements in anticipation of re34 imbursement.

35 (3) Amounts reimbursed to Amtrak under paragraph (2) of this sub36 section shall be credited to the appropriation originally charged for the cost

37 of the improvements and are available for further obligation.

38 (d) PASSENGER RADIO MOBILE TELEPHONE SERVICE.—The President

39 and departments, agencies, and instrumentalities of the United States Gov40 ernment shall assist Amtrak under subsection (a)(6) of this section, subject

41 to the Communications Act of 1934 (47 U.S.C. 151 et seq.) and radio serv-
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1 ices standards, when the Federal Communications Commission decides the

2 assistance is in the public interest, convenience, and necessity.

3 (e) PRIORITIES IN SELECTING AND SCHEDULING PROJECTS.—When se4 lecting and scheduling specific projects, Amtrak shall apply the following

5 considerations, in the following order of priority:

6 (1) Safety-related items should be completed before other items be7 cause the safety of the passengers and users of the Northeast Corridor

8 is paramount.

9 (2) Activities that benefit the greatest number of passengers should

10 be completed before activities involving fewer passengers.

11 (3) Reliability of intercity rail passenger transportation must be em12 phasized.

13 (4) Trip-time requirements of this section must be achieved to the

14 extent compatible with the priorities referred to in paragraphs (1)–(3)

15 of this subsection.

16 (5) Improvements that will pay for the investment by achieving lower

17 operating or maintenance costs should be carried out before other im18 provements.

19 (6) Construction operations should be scheduled so that the fewest

20 possible passengers are inconvenienced, transportation is maintained,

21 and the on-time performance of Northeast Corridor commuter rail pas22 senger and rail freight transportation is optimized.

23 (7) Planning should focus on completing activities that will provide

24 immediate benefits to users of the Northeast Corridor.

25 (f) COMPATIBILITY WITH FUTURE IMPROVEMENTS AND PRODUCTION OF

26 MAXIMUM LABOR BENEFITS.—Improvements under this section shall be

27 compatible with future improvements in transportation and shall produce

28 the maximum labor benefit from hiring individuals presently unemployed.

29 (g) AUTOMATIC TRAIN CONTROL SYSTEMS.—A train operating on the

30 Northeast Corridor main line or between the main line and Atlantic City

31 shall be equipped with an automatic train control system designed to slow

32 or stop the train in response to an external signal.

33 (h) HIGH-SPEED TRANSPORTATION.—If practicable, Amtrak shall estab34 lish intercity rail passenger transportation in the Northeast Corridor that

35 carries out section 703(1)(E) of the Railroad Revitalization and Regulatory

36 Reform Act of 1976 (Public Law 94–210, 90 Stat. 121).

37 (i) EQUIPMENT DEVELOPMENT.—Amtrak shall develop economical and

38 reliable equipment compatible with track, operating, and marketing charac39 teristics of the Northeast Corridor, including the capability to meet reliable

40 trip times under section 703(1)(E) of the Railroad Revitalization and Regu41 latory Reform Act of 1976 (Public Law 94–210, 90 Stat. 121) in regularly
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1 scheduled revenue transportation in the Corridor, when the Northeast Cor2 ridor improvement program is completed. Amtrak must decide that equip3 ment complies with this subsection before buying equipment with financial

4 assistance of the Government. Amtrak shall submit a request for an author5 ization of appropriations for production of the equipment.

6 (j) AGREEMENTS FOR OFF-CORRIDOR ROUTING OF RAIL FREIGHT

7 TRANSPORTATION.—(1) Amtrak may make an agreement with a rail freight

8 carrier or a regional transportation authority under which the carrier will

9 carry out an alternate off-corridor routing of rail freight transportation over

10 rail lines in the Northeast Corridor between the District of Columbia and

11 New York metropolitan areas, including intermediate points. The agreement

12 shall be for at least 5 years.

13 (2) Amtrak shall apply to the Interstate Commerce Commission for ap14 proval of the agreement and all related agreements accompanying the appli15 cation as soon as the agreement is made. If the Commission finds that ap16 proval is necessary to carry out this chapter, the Commission shall approve

17 the application and related agreements not later than 90 days after receiv18 ing the application.

19 (3) If an agreement is not made under paragraph (1) of this subsection,

20 Amtrak, with the consent of the other parties, may apply to the Interstate

21 Commerce Commission. Not later than 90 days after the application, the

22 Commission shall decide on the terms of an agreement if it decides that

23 doing so is necessary to carry out this chapter. The decision of the Commis24 sion is binding on the other parties.

25 (k) COORDINATION.—(1) The Secretary of Transportation shall coordi26 nate—

27 (A) transportation programs related to the Northeast Corridor to en28 sure that the programs are integrated and consistent with the North29 east Corridor improvement program; and

30 (B) amounts from departments, agencies, and instrumentalities of

31 the Government to achieve urban redevelopment and revitalization in

32 the vicinity of urban rail stations in the Northeast Corridor served by

33 intercity and commuter rail passenger transportation.

34 (2) If the Secretary finds significant noncompliance with this section, the

35 Secretary may deny financing to a noncomplying program until the non36 compliance is corrected.

37 (l) COMPLETION.—Amtrak shall give the highest priority to completing

38 the program.
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1 § 24903. Program master plan for Boston-New York main

2 line

3 (a) CONTENTS.—Not later than October 27, 1993, in consultation with

4 Amtrak and the commuter and freight rail carriers operating over the

5 Northeast Corridor main line between Boston, Massachusetts, and New

6 York, New York, the Secretary of Transportation shall submit to the Com7 mittee on Energy and Commerce of the House of Representatives and the

8 Committee on Commerce, Science, and Transportation of the Senate a pro9 gram master plan for a coordinated program of improvements to that main

10 line that will allow the establishment of regularly scheduled, safe, and de11 pendable rail passenger transportation between Boston, Massachusetts, and

12 New York, New York, in not more than 3 hours, including intermediate

13 stops. The plan shall include—

14 (1) a description of the implications of the improvements for the re15 gional transportation system, including the probable effects on general

16 travel trends and on travel volumes in other transportation modes and

17 the implications for State and local governments in achieving compli18 ance with the Clean Air Act (42 U.S.C. 7401 et seq.);

19 (2) an identification of the coordinated program of improvements

20 and the specific projects of that program, including the estimated costs,

21 schedules, timing, and relationship of those projects with other

22 projects;

23 (3) an identification of the financial responsibility for the specific

24 projects of that program and the sources of the amounts for the

25 projects;

26 (4) an operating plan for the construction period of the improve27 ments that shows a coordinated approach to scheduling intercity and

28 commuter trains;

29 (5) an operating plan for the coordinated scheduling of intercity and

30 commuter trains for the period after the program is completed, includ31 ing priority scheduling, dispatching, and occupancy of tracks for appro32 priately frequent, regularly scheduled intercity rail passenger transpor33 tation between Boston, Massachusetts, and New York, New York, in

34 not more than 3 hours, including intermediate stops;

35 (6) a comprehensive plan to control future congestion in the North36 east Corridor attributable to increases in intercity and commuter rail

37 passenger transportation;

38 (7) an assessment of long-term operational safety needs and a list

39 of specific projects designed to maximize operational safety; and

40 (8) comments that Amtrak submits to the Secretary on the plan.
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1 (b) SUBMITTING MODIFICATIONS OF PLAN TO CONGRESS.—The Sec2 retary shall submit to Congress any modification made to the program mas3 ter plan and comments that Amtrak submits on the modification.

4 § 24904. General authority

5 (a) GENERAL.—To carry out this chapter and the Regional Rail Reorga6 nization Act of 1973 (45 U.S.C. 701 et seq.), Amtrak may—

7 (1) acquire, maintain, and dispose of any interest in property used

8 to provide improved high-speed rail transportation under section 24902

9 of this title;

10 (2) acquire any interest in real property that Amtrak considers nec11 essary to carry out the goals of section 24902;

12 (3) provide for rail freight, intercity rail passenger, and commuter

13 rail passenger transportation over property acquired under this section;

14 (4) improve rail rights of way between Boston, Massachusetts, and

15 the District of Columbia (including the route through Springfield, Mas16 sachusetts, and routes to Harrisburg, Pennsylvania, and Albany, New

17 York, from the Northeast Corridor main line) to achieve the goals of

18 section 24902 of providing improved high-speed rail passenger trans19 portation between Boston, Massachusetts, and the District of Colum20 bia, and intermediate intercity markets;

21 (5) acquire, build, improve, and install passenger stations, commu22 nications and electric power facilities and equipment, public and private

23 highway and pedestrian crossings, and other facilities and equipment

24 necessary to provide improved high-speed rail passenger transportation

25 over rights of way improved under clause (4) of this subsection;

26 (6) make agreements with other carriers and commuter authorities

27 to grant, acquire, or make arrangements for rail freight or commuter

28 rail passenger transportation over, rights of way and facilities acquired

29 under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701

30 et seq.) and the Railroad Revitalization and Regulatory Reform Act of

31 1976 (45 U.S.C. 801 et seq.);

32 (7) appoint a general manager of the Northeast Corridor improve33 ment program; and

34 (8) make agreements with telecommunications common carriers, sub35 ject to the Communications Act of 1934 (47 U.S.C. 151 et seq.), to

36 continue existing, and establish new and improved, passenger radio mo37 bile telephone service in the high-speed rail passenger transportation

38 area specified in section 24902(a)(1) and (2).

39 (b) COMPENSATORY AGREEMENTS.—Rail freight and commuter rail pas40 senger transportation provided under subsection (a)(3) of this section shall

41 be provided under compensatory agreements with the responsible carriers.
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1 (c) COMPENSATION FOR TRANSPORTATION OVER CERTAIN RIGHTS OF

2 WAY AND FACILITIES.—(1) An agreement under subsection (a)(6) of this

3 section shall provide for reasonable reimbursement of costs but may not

4 cross-subsidize intercity rail passenger, commuter rail passenger, and rail

5 freight transportation.

6 (2) If the parties do not agree, the Interstate Commerce Commission

7 shall order that the transportation continue over facilities acquired under

8 the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.) and

9 the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.

10 801 et seq.) and shall determine compensation (without allowing cross-sub11 sidization between intercity rail passenger and rail freight transportation)

12 for the transportation not later than 120 days after the dispute is submit13 ted. The Commission shall assign to a rail freight carrier obtaining trans14 portation under this subsection the costs Amtrak incurs only for the benefit

15 of the carrier, plus a proportionate share of all other costs of providing

16 transportation under this paragraph incurred for the common benefit of

17 Amtrak and the carrier. The proportionate share shall be based on relative

18 measures of volume of car operations, tonnage, or other factors that reason19 ably reflect the relative use of rail property covered by this subsection.

20 (3) This subsection does not prevent the parties from making an agree21 ment under subsection (a)(6) of this section after the Commission makes

22 a decision under this subsection.

23 § 24905. Coordination board and safety committee

24 (a) NORTHEAST CORRIDOR COORDINATION BOARD.—(1) The Northeast

25 Corridor Coordination Board is composed of the following members:

26 (A) one individual from each commuter authority (as defined in sec27 tion 1135(a) of the Omnibus Budget Reconciliation Act of 1981 (45

28 U.S.C. 1104)) that provides or makes a contract to provide commuter

29 rail passenger transportation over the main line of the Northeast Cor30 ridor.

31 (B) 2 individuals selected by Amtrak.

32 (C) one individual selected by the Consolidated Rail Corporation.

33 (2) The Board shall recommend to Amtrak—

34 (A) policies that ensure equitable access to the Northeast Corridor,

35 considering the need for equitable access by commuter and intercity

36 rail passenger transportation and the requirements of section 24308(c)

37 of this title; and

38 (B) equitable policies for the Northeast Corridor related to—

39 (i) dispatching;

40 (ii) public information;

41 (iii) maintaining equipment and facilities;
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1 (iv) major capital facility investments; and

2 (v) harmonizing equipment acquisitions, rates, and schedules.

3 (3) The Board may recommend to the board of directors and President

4 of Amtrak action necessary to resolve differences on providing transpor5 tation, except for facilities and transportation matters under section

6 24308(a) or 24904(a)(5) and (c) of this title.

7 (b) NORTHEAST CORRIDOR SAFETY COMMITTEE.—(1) The Northeast

8 Corridor Safety Committee is composed of members appointed by the Sec9 retary of Transportation. The members shall be representatives of—

10 (A) the Secretary;

11 (B) Amtrak;

12 (C) freight carriers operating more than 150,000 train miles a year

13 on the main line of the Northeast Corridor;

14 (D) commuter agencies;

15 (E) rail passengers;

16 (F) rail labor; and

17 (G) other individuals and organizations the Secretary decides have

18 a significant interest in rail safety.

19 (2) The Secretary shall consult with the Committee about safety improve20 ments on the Northeast Corridor main line. The Committee shall meet at

21 least once every 2 years to consider safety matters on the main line.

22 (3) At the beginning of the first session of each Congress, the Secretary

23 shall submit a report to Congress on the status of efforts to improve safety

24 on the Northeast Corridor main line. The report shall include the safety rec25 ommendations of the Committee and the comments of the Secretary on

26 those recommendations.

27 (4) The Committee shall cease to exist on January 1, 1999, or on another

28 date the Secretary decides is appropriate. The Secretary shall notify Con29 gress in writing of a decision to terminate the Committee on another date.

30 § 24906. Eliminating highway at-grade crossings

31 (a) PLAN.—In consultation with the States on the main line of the North32 east Corridor, the Secretary of Transportation shall develop a plan not later

33 than September 30, 1993, to eliminate all highway at-grade crossings of the

34 main line by not later than December 31, 1997. The plan may provide that

35 eliminating a crossing is not required if—

36 (1) impracticable or unnecessary; and

37 (2) using the crossing is consistent with conditions the Secretary

38 considers appropriate to ensure safety.

39 (b) AMTRAK’S SHARE OF COSTS.—Amtrak shall pay 20 percent of the

40 cost of eliminating each highway at-grade crossing under the plan.
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1 § 24907. Note and mortgage

2 (a) GENERAL AUTHORITY.—To secure amounts expended by the United

3 States Government to acquire and improve rail property designated under

4 section 206(c)(1)(C) and (D) of the Regional Rail Reorganization Act of

5 1973 (45 U.S.C. 716(c)(1)(C) and (D)), the Secretary of Transportation

6 may obtain a note of indebtedness from, and make a mortgage agreement

7 with, Amtrak to establish a mortgage lien on the property for the Govern8 ment. The note and mortgage may not supersede section 24904 of this title.

9 (b) EXEMPTIONS FROM LAWS AND REGULATIONS.—The note and agree10 ment under subsection (a) of this section, and a transaction related to the

11 note or agreement, are exempt from any United States, State, or local law

12 or regulation that regulates securities or the issuance of securities. The

13 note, agreement, or transaction under this section has the same immunities

14 from other laws that section 601 of the Act (45 U.S.C. 791) gives to trans15 actions that comply with or carry out the final system plan. The transfer

16 of rail property because of the note, agreement, or transaction has the same

17 exemptions, privileges, and immunities that the Act (45 U.S.C. 701 et seq.)

18 gives to a transfer ordered or approved by the special court under section

19 303(b) of the Act (45 U.S.C. 743(b)).

20 (c) IMMUNITY FROM LIABILITY AND INDEMNIFICATION.—Amtrak, its

21 board of directors, and its individual directors are not liable because Amtrak

22 has given or issued the note or agreement to the Government under sub23 section (a) of this section. Immunity granted under this subsection also ap24 plies to a transaction related to the note or agreement. The Government

25 shall indemnify Amtrak, its board, and individual directors against costs

26 and expenses actually and reasonably incurred in defending a civil action

27 testing the validity of the note, agreement, or transaction.

28 § 24908. Transfer taxes and levies and recording charges

29 A transfer of an interest in rail property under this chapter is exempt

30 from a tax or levy related to the transfer that is imposed by the United

31 States Government, a State, or a political subdivision of a State. On pay32 ment of the appropriate and generally applicable charge for the service per33 formed, a transferee or transferor may record an instrument and, consistent

34 with the final system plan, the release or removal of a pre-existing lien or

35 encumbrance of record related to the interest transferred.

36 § 24909. Authorization of appropriations

37 (a) GENERAL.—(1) Not more than $2,313,000,000 may be appropriated

38 to the Secretary of Transportation to achieve the goals of section

39 24902(a)(1) of this title. From this amount, the following amounts shall be

40 expended by Amtrak:
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1 (A) at least $27,000,000 for equipment modification and replace2 ment that a State or a local or regional transportation authority must

3 bear because of the electrification conversion system of the Northeast

4 Corridor under this chapter.

5 (B) $30,000,000—

6 (i) to improve the main line track between the Northeast Cor7 ridor main line and Atlantic City, New Jersey, to ensure that the

8 track, consistent with a plan New Jersey developed in consultation

9 with Amtrak to provide rail passenger transportation between the

10 Northeast Corridor main line and Atlantic City, New Jersey,

11 would be of sufficient quality to allow safe rail passenger transpor12 tation at a minimum of 79 miles an hour not later than September

13 30, 1985; and

14 (ii) to promote rail passenger use of the track.

15 (C) necessary amounts to—

16 (i) develop Union Station in the District of Columbia;

17 (ii) install 189 track-miles, and renew 133 track-miles, of con18 crete ties with continuously welded rail between the District of Co19 lumbia and New York, New York;

20 (iii) install reverse signaling between Philadelphia, Pennsylva21 nia, and Morrisville, Pennsylvania, on numbers 2 and 3 track;

22 (iv) restore ditch drainage in concrete tie locations between the

23 District of Columbia and New York, New York;

24 (v) undercut 83 track-miles between the District of Columbia

25 and New York, New York;

26 (vi) rehabilitate bridges between the District of Columbia and

27 New York, New York (including Hi line);

28 (vii) develop a maintenance of way equipment repair facility be29 tween the District of Columbia and New York, New York, and

30 build maintenance of way bases at Philadelphia, Pennsylvania,

31 Sunnyside, New York, and Cedar Hill, Connecticut;

32 (viii) stabilize the roadbed between the District of Columbia and

33 New York, New York;

34 (ix) automate the Bush River Drawbridge at milepost 72.14;

35 (x) improve the New York Service Facility to develop rolling

36 stock repair capability;

37 (xi) install a rail car washer facility at Philadelphia, Pennsylva38 nia;

39 (xii) restore storage tracks and buildings at the Washington

40 Service Facility;
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1 (xiii) install centralized traffic control from Landlith, Delaware,

2 to Philadelphia, Pennsylvania;

3 (xiv) improve track, including high speed surfacing, ballast

4 cleaning, and associated equipment repair and material distribu5 tion;

6 (xv) rehabilitate interlockings between the District of Columbia

7 and New York, New York;

8 (xvi) paint the Connecticut River, Groton, and Pelham Bay

9 bridges;

10 (xvii) provide additional catenary renewal and power supply up11 grading between the District of Columbia and New York, New

12 York;

13 (xviii) rehabilitate structural, electrical, and mechanical systems

14 at the 30th Street Station in Philadelphia, Pennsylvania;

15 (xix) install evacuation and fire protection facilities in tunnels

16 in New York, New York;

17 (xx) improve the communication and signal systems between

18 Wilmington, Delaware, and Boston, Massachusetts, on the North19 east Corridor main line, and between Philadelphia, Pennsylvania,

20 and Harrisburg, Pennsylvania, on the Harrisburg Line;

21 (xxi) improve the electric traction systems between Wilmington,

22 Delaware, and Newark, New Jersey;

23 (xxii) install baggage rack restraints, seat back guards, and seat

24 lock devices on 348 passenger cars operating in the Northeast

25 Corridor;

26 (xxiii) install 44 event recorders and 10 electronic warning de27 vices on locomotives operating within the Northeast Corridor; and

28 (xxiv) acquire cab signal test boxes and install 9 wayside loop

29 code transmitters for use within the Northeast Corridor.

30 (2) The following additional amounts may be appropriated to the Sec31 retary for expenditure by Amtrak:

32 (A) not more than $150,000,000 to achieve the goal of section

33 24902(a)(3) of this title.

34 (B) not more than $120,000,000 to acquire interests in property in

35 the Northeast Corridor.

36 (C) not more than $650,000 to develop and use mobile radio fre37 quencies for passenger radio mobile telephone service on high-speed rail

38 passenger transportation.

39 (D) not more than $20,000,000 to acquire and improve interests in

40 rail property designated under section 206(c)(1)(D) of the Regional

41 Rail Reorganization Act of 1973 (45 U.S.C. 716(c)(1)(D)).
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1 (E) not more than $37,000,000 to carry out section 24902(a)(7) and

2 (j) of this title.

3 (b) EMERGENCY MAINTENANCE.—Not more than $25,000,000 of the

4 amount appropriated under the Act of February 28, 1975 (Public Law 94–

5 6, 89 Stat. 11), may be used by Amtrak for emergency maintenance on rail

6 property designated under section 206(c)(1)(C) of the Regional Rail Reor7 ganization Act of 1973 (45 U.S.C. 716(c)(1)(C)).

8 (c) PRIORITY IN USING CERTAIN AMOUNTS.—Amounts appropriated

9 under subsection (a)(2)(B) and (D) of this section shall be used first to

10 repay, with interest, obligations guaranteed under section 602 of the Rail

11 Passenger Service Act, if the proceeds of those obligations were used to pay

12 the expenses of acquiring interests in property referred to in subsection

13 (a)(2)(B) and (D).

14 (d) PROHIBITION ON SUBSIDIZING COMMUTER AND FREIGHT OPERATING

15 LOSSES.—Amounts appropriated under this section may not be used to sub16 sidize operating losses of commuter rail or rail freight transportation.

17 (e) SUBSTITUTING AND DEFERRING CERTAIN IMPROVEMENTS.—(1) A

18 project for which amounts are authorized under subsection (a)(1)(C) of this

19 section is a part of the Northeast Corridor improvement program and is not

20 a substitute for improvements specified in the document ‘‘Corridor Master

21 Plan II, NECIP Restructured Program’’ of January, 1982. However, Am22 trak may defer the project to carry out the improvement and rehabilitation

23 for which amounts are authorized under subsection (a)(1)(B) of this section.

24 The total cost of the project that Amtrak defers may not be substantially

25 more than the amount Amtrak is required to expend or reserve under sub26 section (a)(1)(B).

27 (2) Section 24902 of this title is deemed not to be fulfilled until the

28 projects under subsection (a)(1)(C) of this section are completed.

29 (f) AVAILABILITY OF AMOUNTS.—Amounts appropriated under subsection

30 (a)(1) and (2)(A) and (C)–(E) of this section remain available until ex31 pended.

32 (g) AUTHORIZATIONS INCREASED BY PRIOR YEAR DEFICIENCIES.—An

33 amount greater than that authorized for a fiscal year may be appropriated

34 to the extent that the amount appropriated for any prior fiscal year is less

35 than the amount authorized for that year.

36 PART D—MISCELLANEOUS

37 CHAPTER 261—LAW ENFORCEMENT

Sec.

26101. Rail police officers.

26102. Limit on certain accident or incident liability.
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1 § 26101. Rail police officers

2 Under regulations prescribed by the Secretary of Transportation, a rail

3 police officer who is employed by a rail carrier and certified or commis4 sioned as a police officer under the laws of a State may enforce the laws

5 of any jurisdiction in which the rail carrier owns property, to the extent of

6 the authority of a police officer certified or commissioned under the laws

7 of that jurisdiction, to protect—

8 (1) employees, passengers, or patrons of the rail carrier;

9 (2) property, equipment, and facilities owned, leased, operated, or

10 maintained by the rail carrier;

11 (3) property moving in interstate or foreign commerce in the posses12 sion of the rail carrier; and

13 (4) personnel, equipment, and material moving by rail that are vital

14 to the national defense.

15 § 26102. Limit on certain accident or incident liability

16 (a) GENERAL.—When a publicly financed commuter transportation au17 thority established under Virginia law makes a contract to indemnify Am18 trak for liability for operations conducted by or for the authority or to in19 demnify a rail carrier over whose tracks those operations are conducted, li20 ability against Amtrak, the authority, or the carrier for all claims (including

21 punitive damages) arising from an accident or incident in the District of

22 Columbia related to those operations may not be more than the limits of

23 the liability coverage the authority maintains to indemnify Amtrak or the

24 carrier.

25 (b) MINIMUM REQUIRED LIABILITY COVERAGE.—A publicly financed

26 commuter transportation authority referred to in subsection (a) of this sec27 tion must maintain a total minimum liability coverage of at least

28 $200,000,000.

29 (c) EFFECTIVENESS.—This section is effective only after Amtrak or a rail

30 carrier seeking an indemnification contract under this section makes an op31 erating agreement with a publicly financed commuter transportation author32 ity established under Virginia law to provide access to its property for reve33 nue transportation related to the operations of the authority.

34 SUBTITLE VI—MOTOR VEHICLE AND DRIVER

35 PROGRAMS

36 PART A—GENERAL

CHAPTER Sec.

301. MOTOR VEHICLE SAFETY ......................................................................... 30101

303. NATIONAL DRIVER REGISTER ................................................................. 30301

305. NATIONAL AUTOMOBILE TITLE INFORMATION SYSTEM ................ 30501

37 PART B—COMMERCIAL

311. COMMERCIAL MOTOR VEHICLE SAFETY .............................................. 31101
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313. COMMERCIAL MOTOR VEHICLE OPERATORS ...................................... 31301

315. MOTOR CARRIER SAFETY ......................................................................... 31501

317. PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND

INTERNATIONAL FUEL TAX AGREEMENT.

31701

1 PART C—INFORMATION, STANDARDS, AND REQUIREMENTS

321. GENERAL ....................................................................................................... 32101

323. CONSUMER INFORMATION ....................................................................... 32301

325. BUMPER STANDARDS ................................................................................ 32501

327. ODOMETERS ................................................................................................. 32701

329. AUTOMOBILE FUEL ECONOMY ............................................................... 32901

331. THEFT PREVENTION ................................................................................. 33101

2 PART A—GENERAL

3 CHAPTER 301—MOTOR VEHICLE SAFETY

SUBCHAPTER I—GENERAL

Sec.

30101. Purpose and policy.

30102. Definitions.

30103. Relationship to other laws.

30104. Authorization of appropriations.

SUBCHAPTER II—STANDARDS AND COMPLIANCE

30111. Standards.

30112. Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles

and equipment.

30113. General exemptions.

30114. Special exemptions.

30115. Certification of compliance.

30116. Defects and noncompliance found before sale to purchaser.

30117. Providing information to, and maintaining records on, purchasers.

30118. Notification of defects and noncompliance.

30119. Notification procedures.

30120. Remedies for defects and noncompliance.

30121. Provisional notification and civil actions to enforce.

30122. Making safety devices and elements inoperative.

30123. Tires.

30124. Buzzers indicating nonuse of safety belts.

30125. Schoolbuses and schoolbus equipment.

30126. Used motor vehicles.

30127. Automatic occupant crash protection and seat belt use.

SUBCHAPTER III—IMPORTING NONCOMPLYING MOTOR VEHICLES AND

EQUIPMENT

30141. Importing motor vehicles capable of complying with standards.

30142. Importing motor vehicles for personal use.

30143. Motor vehicles imported by individuals employed outside the United States.

30144. Importing motor vehicles on a temporary basis.

30145. Importing motor vehicles or equipment requiring further manufacturing.

30146. Release of motor vehicles and bonds.

30147. Responsibility for defects and noncompliance.

SUBCHAPTER IV—ENFORCEMENT AND ADMINISTRATIVE

30161. Judicial review of standards.

30162. Petitions by interested persons for standards and enforcement.

30163. Actions by the Attorney General.

30164. Service of process.

30165. Civil penalty.

30166. Inspections, investigations, and records.

30167. Disclosure of information by the Secretary of Transportation.

30168. Research, testing, development, and training.

30169. Annual reports.
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1 SUBCHAPTER I—GENERAL

2 § 30101. Purpose and policy

3 The purpose of this chapter is to reduce traffic accidents and deaths and

4 injuries resulting from traffic accidents. Therefore it is necessary—

5 (1) to prescribe motor vehicle safety standards for motor vehicles

6 and motor vehicle equipment in interstate commerce; and

7 (2) to carry out needed safety research and development.

8 § 30102. Definitions

9 (a) GENERAL DEFINITIONS.—In this chapter—

10 (1) ‘‘dealer’’ means a person selling and distributing new motor vehi11 cles or motor vehicle equipment primarily to purchasers that in good

12 faith purchase the vehicles or equipment other than for resale.

13 (2) ‘‘defect’’ includes any defect in performance, construction, a com14 ponent, or material of a motor vehicle or motor vehicle equipment.

15 (3) ‘‘distributor’’ means a person primarily selling and distributing

16 motor vehicles or motor vehicle equipment for resale.

17 (4) ‘‘interstate commerce’’ means commerce between a place in a

18 State and a place in another State or between places in the same State

19 through another State.

20 (5) ‘‘manufacturer’’ means a person—

21 (A) manufacturing or assembling motor vehicles or motor vehi22 cle equipment; or

23 (B) importing motor vehicles or motor vehicle equipment for re24 sale.

25 (6) ‘‘motor vehicle’’ means a vehicle driven or drawn by mechanical

26 power and manufactured primarily for use on public streets, roads, and

27 highways, but does not include a vehicle operated only on a rail line.

28 (7) ‘‘motor vehicle equipment’’ means—

29 (A) any system, part, or component of a motor vehicle as origi30 nally manufactured;

31 (B) any similar part or component manufactured or sold for re32 placement or improvement of a system, part, or component, or as

33 an accessory or addition to a motor vehicle; or

34 (C) any device or an article or apparel (except medicine or eye35 glasses prescribed by a licensed practitioner) that is not a system,

36 part, or component of a motor vehicle and is manufactured, sold,

37 delivered, offered, or intended to be used only to safeguard motor

38 vehicles and highway users against risk of accident, injury, or

39 death.

40 (8) ‘‘motor vehicle safety’’ means the performance of a motor vehicle

41 or motor vehicle equipment in a way that protects the public against
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1 unreasonable risk of accidents occurring because of the design, con2 struction, or performance of a motor vehicle, and against unreasonable

3 risk of death or injury in an accident, and includes nonoperational safe4 ty of a motor vehicle.

5 (9) ‘‘motor vehicle safety standard’’ means a minimum standard for

6 motor vehicle or motor vehicle equipment performance.

7 (10) ‘‘State’’ means a State of the United States, the District of Co8 lumbia, Puerto Rico, the Northern Mariana Islands, Guam, American

9 Samoa, and the Virgin Islands.

10 (11) ‘‘United States district court’’ means a district court of the

11 United States, a United States court for Guam, the Virgin Islands, and

12 American Samoa, and the district court for the Northern Mariana Is13 lands.

14 (b) LIMITED DEFINITIONS.—(1) In sections 30117(b), 30118–30121,

15 and 30166(f) of this title—

16 (A) ‘‘adequate repair’’ does not include repair resulting in substan17 tially impaired operation of a motor vehicle or motor vehicle equipment;

18 (B) ‘‘first purchaser’’ means the first purchaser of a motor vehicle

19 or motor vehicle equipment other than for resale;

20 (C) ‘‘original equipment’’ means motor vehicle equipment (including

21 a tire) installed in or on a motor vehicle at the time of delivery to the

22 first purchaser;

23 (D) ‘‘replacement equipment’’ means motor vehicle equipment (in24 cluding a tire) that is not original equipment;

25 (E) a brand name owner of a tire marketed under a brand name not

26 owned by the manufacturer of the tire is deemed to be the manufac27 turer of the tire;

28 (F) a defect in original equipment, or noncompliance of original

29 equipment with a motor vehicle safety standard prescribed under this

30 chapter, is deemed to be a defect or noncompliance of the motor vehicle

31 in or on which the equipment was installed at the time of delivery to

32 the first purchaser;

33 (G) a manufacturer of a motor vehicle in or on which original equip34 ment was installed when delivered to the first purchaser is deemed to

35 be the manufacturer of the equipment; and

36 (H) a retreader of a tire is deemed to be the manufacturer of the

37 tire.

38 (2) The Secretary of Transportation may prescribe regulations amending

39 paragraph (1)(C), (D), (F), or (G) of this subsection.
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1 § 30103. Relationship to other laws

2 (a) UNIFORMITY OF REGULATIONS.—The Secretary of Transportation

3 may not prescribe a safety regulation related to a motor vehicle subject to

4 subchapter II of chapter 105 of this title that differs from a motor vehicle

5 safety standard prescribed under this chapter. However, the Secretary may

6 prescribe, for a motor vehicle operated by a carrier subject to subchapter

7 II of chapter 105, a safety regulation that imposes a higher standard of per8 formance after manufacture than that required by an applicable standard

9 in effect at the time of manufacture.

10 (b) PREEMPTION.—(1) When a motor vehicle safety standard is in effect

11 under this chapter, a State or a political subdivision of a State may pre12 scribe or continue in effect a standard applicable to the same aspect of per13 formance of a motor vehicle or motor vehicle equipment only if the standard

14 is identical to the standard prescribed under this chapter. However, the

15 United States Government, a State, or a political subdivision of a State may

16 prescribe a standard for a motor vehicle or motor vehicle equipment ob17 tained for its own use that imposes a higher performance requirement than

18 that required by the otherwise applicable standard under this chapter.

19 (2) A State may enforce a standard that is identical to a standard pre20 scribed under this chapter.

21 (c) ANTITRUST LAWS.—This chapter does not—

22 (1) exempt from the antitrust laws conduct that is unlawful under

23 those laws; or

24 (2) prohibit under the antitrust laws conduct that is lawful under

25 those laws.

26 (d) WARRANTY OBLIGATIONS AND ADDITIONAL LEGAL RIGHTS AND

27 REMEDIES.—Sections 30117(b), 30118–30121, 30166(f), and 30167(a) and

28 (b) of this title do not establish or affect a warranty obligation under a law

29 of the United States or a State. A remedy under those sections and sections

30 30161 and 30162 of this title is in addition to other rights and remedies

31 under other laws of the United States or a State.

32 (e) COMMON LAW LIABILITY.—Compliance with a motor vehicle safety

33 standard prescribed under this chapter does not exempt a person from li34 ability at common law.

35 § 30104. Authorization of appropriations

36 The following amounts may be appropriated to the Secretary of Transpor37 tation for the National Highway Traffic Safety Administration to carry out

38 this chapter:

39 (1) $71,333,436 for the fiscal year ending September 30, 1993.

40 (2) $74,044,106 for the fiscal year ending September 30, 1994.

41 (3) $76,857,782 for the fiscal year ending September 30, 1995.
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1 SUBCHAPTER II—STANDARDS AND COMPLIANCE

2 § 30111. Standards

3 (a) GENERAL REQUIREMENTS.—The Secretary of Transportation shall

4 prescribe motor vehicle safety standards. Each standard shall be practicable,

5 meet the need for motor vehicle safety, and be stated in objective terms.

6 (b) CONSIDERATIONS AND CONSULTATION.—When prescribing a motor

7 vehicle safety standard under this chapter, the Secretary shall—

8 (1) consider relevant available motor vehicle safety information;

9 (2) consult with the agency established under the Act of August 20,

10 1958 (Public Law 85–684, 72 Stat. 635), and other appropriate State

11 or interstate authorities (including legislative committees);

12 (3) consider whether a proposed standard is reasonable, practicable,

13 and appropriate for the particular type of motor vehicle or motor vehi14 cle equipment for which it is prescribed; and

15 (4) consider the extent to which the standard will carry out section

16 30101 of this title.

17 (c) COOPERATION.—The Secretary may advise, assist, and cooperate with

18 departments, agencies, and instrumentalities of the United States Govern19 ment, States, and other public and private agencies in developing motor ve20 hicle safety standards.

21 (d) EFFECTIVE DATES OF STANDARDS.—The Secretary shall specify the

22 effective date of a motor vehicle safety standard prescribed under this chap23 ter in the order prescribing the standard. A standard may not become effec24 tive before the 180th day after the standard is prescribed or later than one

25 year after it is prescribed. However, the Secretary may prescribe a different

26 effective date after finding, for good cause shown, that a different effective

27 date is in the public interest and publishing the reasons for the finding.

28 (e) 5-YEAR PLAN FOR TESTING STANDARDS.—The Secretary shall estab29 lish and periodically review and update on a continuing basis a 5-year plan

30 for testing motor vehicle safety standards prescribed under this chapter that

31 the Secretary considers capable of being tested. In developing the plan and

32 establishing testing priorities, the Secretary shall consider factors the Sec33 retary considers appropriate, consistent with section 30101 of this title and

34 the Secretary’s other duties and powers under this chapter. The Secretary

35 may change at any time those priorities to address matters the Secretary

36 considers of greater priority. The initial plan may be the 5-year plan for

37 compliance testing in effect on December 18, 1991.

38 § 30112. Prohibitions on manufacturing, selling, and import39 ing noncomplying motor vehicles and equipment

40 (a) GENERAL.—Except as provided in this section, sections 30113 and

41 30114 of this title, and subchapter III of this chapter, a person may not
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1 manufacture for sale, sell, offer for sale, introduce or deliver for introduc2 tion in interstate commerce, or import into the United States, any motor

3 vehicle or motor vehicle equipment manufactured on or after the date an

4 applicable motor vehicle safety standard prescribed under this chapter takes

5 effect unless the vehicle or equipment complies with the standard and is cov6 ered by a certification issued under section 30115 of this title.

7 (b) NONAPPLICATION.—This section does not apply to—

8 (1) the sale, offer for sale, or introduction or delivery for introduc9 tion in interstate commerce of a motor vehicle or motor vehicle equip10 ment after the first purchase of the vehicle or equipment in good faith

11 other than for resale;

12 (2) a person—

13 (A) establishing that the person had no reason to know, despite

14 exercising reasonable care, that a motor vehicle or motor vehicle

15 equipment does not comply with applicable motor vehicle safety

16 standards prescribed under this chapter; or

17 (B) holding, without knowing about the noncompliance and be18 fore the vehicle or equipment is first purchased in good faith other

19 than for resale, a certificate issued by a manufacturer or importer

20 stating the vehicle or equipment complies with applicable stand21 ards prescribed under this chapter;

22 (3) a motor vehicle or motor vehicle equipment intended only for ex23 port, labeled for export on the vehicle or equipment and on the outside

24 of any container of the vehicle or equipment, and exported;

25 (4) a motor vehicle the Secretary of Transportation decides under

26 section 30141 of this title is capable of complying with applicable

27 standards prescribed under this chapter;

28 (5) a motor vehicle imported for personal use by an individual who

29 receives an exemption under section 30142 of this title;

30 (6) a motor vehicle under section 30143 of this title imported by an

31 individual employed outside the United States;

32 (7) a motor vehicle under section 30144 of this title imported on a

33 temporary basis;

34 (8) a motor vehicle or item of motor vehicle equipment under section

35 30145 of this title requiring further manufacturing; or

36 (9) a motor vehicle that is at least 25 years old.

37 § 30113. General exemptions

38 (a) DEFINITION.—In this section, ‘‘low-emission motor vehicle’’ means a

39 motor vehicle meeting the standards for new motor vehicles applicable to the

40 vehicle under section 202 of the Clean Air Act (42 U.S.C. 7521) when the
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1 vehicle is manufactured and emitting an air pollutant in an amount signifi2 cantly below one of those standards.

3 (b) AUTHORITY TO EXEMPT AND PROCEDURES.—(1) The Secretary of

4 Transportation may exempt, on a temporary basis, motor vehicles from a

5 motor vehicle safety standard prescribed under this chapter on terms the

6 Secretary considers appropriate. An exemption may be renewed. A renewal

7 may be granted only on reapplication and must conform to the requirements

8 of this subsection.

9 (2) The Secretary may begin a proceeding under this subsection when a

10 manufacturer applies for an exemption or a renewal of an exemption. The

11 Secretary shall publish notice of the application and provide an opportunity

12 to comment. An application for an exemption or for a renewal of an exemp13 tion shall be filed at a time and in the way, and contain information, this

14 section and the Secretary require.

15 (3) The Secretary may act under this subsection on finding that—

16 (A) an exemption is consistent with the public interest and this chap17 ter; and

18 (B)(i) compliance with the standard would cause substantial eco19 nomic hardship to a manufacturer that has tried to comply with the

20 standard in good faith;

21 (ii) the exemption would make easier the development or field evalua22 tion of a new motor vehicle safety feature providing a safety level at

23 least equal to the safety level of the standard;

24 (iii) the exemption would make the development or field evaluation

25 of a low-emission motor vehicle easier and would not unreasonably

26 lower the safety level of that vehicle; or

27 (iv) compliance with the standard would prevent the manufacturer

28 from selling a motor vehicle with an overall safety level at least equal

29 to the overall safety level of nonexempt vehicles.

30 (c) CONTENTS OF APPLICATIONS.—A manufacturer applying for an ex31 emption under subsection (b) of this section shall include the following in32 formation in the application:

33 (1) if the application is made under subsection (b)(3)(B)(i) of this

34 section, a complete financial statement describing the economic hard35 ship and a complete description of the manufacturer’s good faith effort

36 to comply with each motor vehicle safety standard prescribed under

37 this chapter from which the manufacturer is requesting an exemption.

38 (2) if the application is made under subsection (b)(3)(B)(ii) of this

39 section, a record of the research, development, and testing establishing

40 the innovative nature of the safety feature and a detailed analysis es-
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1 tablishing that the safety level of the feature at least equals the safety

2 level of the standard.

3 (3) if the application is made under subsection (b)(3)(B)(iii) of this

4 section, a record of the research, development, and testing establishing

5 that the motor vehicle is a low-emission motor vehicle and that the

6 safety level of the vehicle is not lowered unreasonably by exemption

7 from the standard.

8 (4) if the application is made under subsection (b)(3)(B)(iv) of this

9 section, a detailed analysis showing how the vehicle provides an overall

10 safety level at least equal to the overall safety level of nonexempt vehi11 cles.

12 (d) ELIGIBILITY.—A manufacturer is eligible for an exemption under sub13 section (b)(3)(B)(i) of this section only if the Secretary determines that the

14 manufacturer’s total motor vehicle production in the most recent year of

15 production is not more than 10,000. A manufacturer is eligible for an ex16 emption under subsection (b)(3)(B)(ii), (iii), or (iv) of this section only if

17 the Secretary determines the exemption is for not more than 2,500 vehicles

18 to be sold in the United States in any 12-month period.

19 (e) MAXIMUM PERIOD.—An exemption or renewal under subsection

20 (b)(3)(B)(i) of this section may be granted for not more than 3 years. An

21 exemption or renewal under subsection (b)(3)(B)(ii), (iii), or (iv) of this sec22 tion may be granted for not more than 2 years.

23 (f) DISCLOSURE.—The Secretary may make public, by the 10th day after

24 an application is filed, information contained in the application or relevant

25 to the application unless the information concerns or is related to a trade

26 secret or other confidential information not relevant to the application.

27 (g) NOTICE OF DECISION.—The Secretary shall publish in the Federal

28 Register a notice of each decision granting an exemption under this section

29 and the reasons for granting it.

30 (h) PERMANENT LABEL REQUIREMENT.—The Secretary shall require a

31 permanent label to be fixed to a motor vehicle granted an exemption under

32 this section. The label shall either name or describe each motor vehicle safe33 ty standard prescribed under this chapter from which the vehicle is exempt.

34 The Secretary may require that written notice of an exemption be delivered

35 by appropriate means to the dealer and the first purchaser of the vehicle

36 other than for resale.

37 § 30114. Special exemptions

38 The Secretary of Transportation may exempt a motor vehicle or item of

39 motor vehicle equipment from section 30112(a) of this title on terms the

40 Secretary decides are necessary for research, investigations, demonstrations,

41 training, or competitive racing events.
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1 § 30115. Certification of compliance

2 A manufacturer or distributor of a motor vehicle or motor vehicle equip3 ment shall certify to the distributor or dealer at delivery that the vehicle

4 or equipment complies with applicable motor vehicle safety standards pre5 scribed under this chapter. A person may not issue the certificate if, in exer6 cising reasonable care, the person has reason to know the certificate is false

7 or misleading in a material respect. Certification of a vehicle must be shown

8 by a label or tag permanently fixed to the vehicle. Certification of equipment

9 may be shown by a label or tag on the equipment or on the outside of the

10 container in which the equipment is delivered.

11 § 30116. Defects and noncompliance found before sale to

12 purchaser

13 (a) ACTIONS REQUIRED OF MANUFACTURERS AND DISTRIBUTORS.—If,

14 after a manufacturer or distributor sells a motor vehicle or motor vehicle

15 equipment to a distributor or dealer and before the distributor or dealer

16 sells the vehicle or equipment, it is decided that the vehicle or equipment

17 contains a defect related to motor vehicle safety or does not comply with

18 applicable motor vehicle safety standards prescribed under this chapter—

19 (1) the manufacturer or distributor immediately shall repurchase the

20 vehicle or equipment at the price paid by the distributor or dealer, plus

21 transportation charges and reasonable reimbursement of at least one

22 percent a month of the price paid prorated from the date of notice of

23 noncompliance or defect to the date of repurchase; or

24 (2) if a vehicle, the manufacturer or distributor immediately shall

25 give to the distributor or dealer at the manufacturer’s or distributor’s

26 own expense, the part or equipment needed to make the vehicle comply

27 with the standards or correct the defect.

28 (b) DISTRIBUTOR OR DEALER INSTALLATION.—The distributor or dealer

29 shall install the part or equipment referred to in subsection (a)(2) of this

30 section. If the distributor or dealer installs the part or equipment with rea31 sonable diligence after it is received, the manufacturer shall reimburse the

32 distributor or dealer for the reasonable value of the installation and a rea33 sonable reimbursement of at least one percent a month of the manufactur34 er’s or distributor’s selling price prorated from the date of notice of non35 compliance or defect to the date the motor vehicle complies with applicable

36 motor vehicle safety standards prescribed under this chapter or the defect

37 is corrected.

38 (c) ESTABLISHING AMOUNT DUE AND CIVIL ACTIONS.—The parties shall

39 establish the value of installation and the amount of reimbursement under

40 this section. If the parties do not agree, or if a manufacturer or distributor

41 refuses to comply with subsection (a) or (b) of this section, the distributor
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1 or dealer purchasing the motor vehicle or motor vehicle equipment may

2 bring a civil action. The action may be brought in a United States district

3 court for the judicial district in which the manufacturer or distributor re4 sides, is found, or has an agent, to recover damages, court costs, and a rea5 sonable attorney’s fee. An action under this section must be brought not

6 later than 3 years after the claim accrues.

7 § 30117. Providing information to, and maintaining records

8 on, purchasers

9 (a) PROVIDING INFORMATION AND NOTICE.—The Secretary of Transpor10 tation may require that each manufacturer of a motor vehicle or motor vehi11 cle equipment provide technical information related to performance and

12 safety required to carry out this chapter. The Secretary may require the

13 manufacturer to give the following notice of that information when the Sec14 retary decides it is necessary:

15 (1) to each prospective purchaser of a vehicle or equipment before

16 the first sale other than for resale at each location at which the vehicle

17 or equipment is offered for sale by a person having a legal relationship

18 with the manufacturer, in a way the Secretary decides is appropriate.

19 (2) to the first purchaser of a vehicle or equipment other than for

20 resale when the vehicle or equipment is bought, in printed matter

21 placed in the vehicle or attached to or accompanying the equipment.

22 (b) MAINTAINING PURCHASER RECORDS AND PROCEDURES.—(1) A man23 ufacturer of a motor vehicle or tire (except a retreaded tire) shall cause to

24 be maintained a record of the name and address of the first purchaser of

25 each vehicle or tire it produces and, to the extent prescribed by regulations

26 of the Secretary, shall cause to be maintained a record of the name and

27 address of the first purchaser of replacement equipment (except a tire) that

28 the manufacturer produces. The Secretary may prescribe by regulation the

29 records to be maintained and reasonable procedures for maintaining the

30 records under this subsection, including procedures to be followed by dis31 tributors and dealers to assist the manufacturer in obtaining the informa32 tion required by this subsection. A procedure shall be reasonable for the

33 type of vehicle or tire involved, and shall provide reasonable assurance that

34 a customer list of a distributor or dealer, or similar information, will be

35 made available to a person (except the distributor or dealer) only when nec36 essary to carry out this subsection and sections 30118–30121, 30166(f),

37 and 30167 (a) and (b) of this title. Availability of assistance from a dis38 tributor or dealer does not affect an obligation of a manufacturer under this

39 subsection.

40 (2)(A) Except as provided in paragraph (3) of this subsection, the Sec41 retary may require a distributor or dealer to maintain a record under para-
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1 graph (1) of this subsection only if the business of the distributor or dealer

2 is owned or controlled by a manufacturer of tires.

3 (B) The Secretary shall require each distributor and dealer whose busi4 ness is not owned or controlled by a manufacturer of tires to give a registra5 tion form (containing the tire identification number) to the first purchaser

6 of a tire. The Secretary shall prescribe the form, which shall be standard7 ized for all tires and designed to allow the purchaser to complete and return

8 it directly to the manufacturer of the tire. The manufacturer shall give suf9 ficient copies of forms to distributors and dealers.

10 (3)(A) The Secretary shall evaluate from time to time how successful the

11 procedures under paragraph (2) of this subsection have been in helping to

12 maintain records about first purchasers of tires. After each evaluation, the

13 Secretary shall decide—

14 (i) the extent to which distributors and dealers have complied with

15 the procedures;

16 (ii) the extent to which distributors and dealers have encouraged

17 first purchasers of tires to register the tires; and

18 (iii) whether to prescribe for manufacturers, distributors, or dealers

19 other requirements that the Secretary decides will increase significantly

20 the percentage of first purchasers of tires about whom records are

21 maintained.

22 (B) The Secretary may prescribe a requirement under subparagraph (A)

23 of this paragraph only if the Secretary decides it is necessary to reduce the

24 risk to motor vehicle safety, after considering—

25 (i) the cost of the requirement to manufacturers and the burden of

26 the requirement on distributors and dealers, compared to the increase

27 in the percentage of first purchasers of tires about whom records would

28 be maintained as a result of the requirement;

29 (ii) the extent to which distributors and dealers have complied with

30 the procedures in paragraph (2) of this subsection; and

31 (iii) the extent to which distributors and dealers have encouraged

32 first purchasers of tires to register the tires.

33 (C) A manufacturer of tires shall reimburse distributors and dealers of

34 that manufacturer’s tires for all reasonable costs incurred by the distribu35 tors and dealers in complying with a requirement prescribed by the Sec36 retary under subparagraph (A) of this paragraph.

37 (D) After making a decision under subparagraph (A) of this paragraph,

38 the Secretary shall submit to each House of Congress a report containing

39 a detailed statement of the decision and an explanation of the reasons for

40 the decision.
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1 § 30118. Notification of defects and noncompliance

2 (a) NOTIFICATION BY SECRETARY.—The Secretary of Transportation

3 shall notify the manufacturer of a motor vehicle or replacement equipment

4 immediately after making an initial decision (through testing, inspection, in5 vestigation, or research carried out under this chapter, examining commu6 nications under section 30166(f) of this title, or otherwise) that the vehicle

7 or equipment contains a defect related to motor vehicle safety or does not

8 comply with an applicable motor vehicle safety standard prescribed under

9 this chapter. The notification shall include the information on which the de10 cision is based. The Secretary shall publish a notice of each decision under

11 this subsection in the Federal Register. Subject to section 30167(a) of this

12 title, the notification and information are available to any interested person.

13 (b) DEFECT AND NONCOMPLIANCE PROCEEDINGS AND ORDERS.—(1)

14 The Secretary may make a final decision that a motor vehicle or replace15 ment equipment contains a defect related to motor vehicle safety or does

16 not comply with an applicable motor vehicle safety standard prescribed

17 under this chapter only after giving the manufacturer an opportunity to

18 present information, views, and arguments showing that there is no defect

19 or noncompliance or that the defect does not affect motor vehicle safety.

20 Any interested person also shall be given an opportunity to present informa21 tion, views, and arguments.

22 (2) If the Secretary decides under paragraph (1) of this subsection that

23 the vehicle or equipment contains the defect or does not comply, the Sec24 retary shall order the manufacturer to—

25 (A) give notification under section 30119 of this title to the owners,

26 purchasers, and dealers of the vehicle or equipment of the defect or

27 noncompliance; and

28 (B) remedy the defect or noncompliance under section 30120 of this

29 title.

30 (c) NOTIFICATION BY MANUFACTURER.—A manufacturer of a motor ve31 hicle or replacement equipment shall notify the Secretary by certified mail,

32 and the owners, purchasers, and dealers of the vehicle or equipment as pro33 vided in section 30119(d) of this section, if the manufacturer—

34 (1) learns the vehicle or equipment contains a defect and decides in

35 good faith that the defect is related to motor vehicle safety; or

36 (2) decides in good faith that the vehicle or equipment does not com37 ply with an applicable motor vehicle safety standard prescribed under

38 this chapter.

39 (d) EXEMPTIONS.—On application of a manufacturer, the Secretary shall

40 exempt the manufacturer from this section if the Secretary decides a defect

41 or noncompliance is inconsequential to motor vehicle safety. The Secretary
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1 may take action under this subsection only after notice in the Federal Reg2 ister and an opportunity for any interested person to present information,

3 views, and arguments.

4 (e) HEARINGS ABOUT MEETING NOTIFICATION REQUIREMENTS.—On the

5 motion of the Secretary or on petition of any interested person, the Sec6 retary may conduct a hearing to decide whether the manufacturer has rea7 sonably met the notification requirements under this section. Any interested

8 person may make written and oral presentations of information, views, and

9 arguments on whether the manufacturer has reasonably met the notification

10 requirements. If the Secretary decides that the manufacturer has not rea11 sonably met the notification requirements, the Secretary shall order the

12 manufacturer to take specified action to meet those requirements and may

13 take any other action authorized under this chapter.

14 § 30119. Notification procedures

15 (a) CONTENTS OF NOTIFICATION.—Notification by a manufacturer re16 quired under section 30118 of this title of a defect or noncompliance shall

17 contain—

18 (1) a clear description of the defect or noncompliance;

19 (2) an evaluation of the risk to motor vehicle safety reasonably relat20 ed to the defect or noncompliance;

21 (3) the measures to be taken to obtain a remedy of the defect or

22 noncompliance;

23 (4) a statement that the manufacturer giving notice will remedy the

24 defect or noncompliance without charge under section 30120 of this

25 title;

26 (5) the earliest date on which the defect or noncompliance will be

27 remedied without charge, and for tires, the period during which the de28 fect or noncompliance will be remedied without charge under section

29 30120 of this title;

30 (6) the procedure the recipient of a notice is to follow to inform the

31 Secretary of Transportation when a manufacturer, distributor, or deal32 er does not remedy the defect or noncompliance without charge under

33 section 30120 of this title; and

34 (7) other information the Secretary prescribes by regulation.

35 (b) EARLIEST REMEDY DATE.—The date specified by a manufacturer in

36 a notification under subsection (a)(5) of this section or section 30121(c)(2)

37 of this title is the earliest date that parts and facilities reasonably can be

38 expected to be available to remedy the defect or noncompliance. The Sec39 retary may disapprove the date.

40 (c) TIME FOR NOTIFICATION.—Notification required under section 30118

41 of this title shall be given within a reasonable time—
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1 (1) prescribed by the Secretary, after the manufacturer receives no2 tice of a final decision under section 30118(b) of this title; or

3 (2) after the manufacturer first decides that a safety-related defect

4 or noncompliance exists under section 30118(c) of this title.

5 (d) MEANS OF PROVIDING NOTIFICATION.—(1) Notification required

6 under section 30118 of this title about a motor vehicle shall be sent by first

7 class mail—

8 (A) to each person registered under State law as the owner and

9 whose name and address are reasonably ascertainable by the manufac10 turer through State records or other available sources; or

11 (B) if a registered owner is not notified under clause (A) of this

12 paragraph, to the most recent purchaser known to the manufacturer.

13 (2) Notification required under section 30118 of this title about replace14 ment equipment (except a tire) shall be sent by first class mail to the most

15 recent purchaser known to the manufacturer. In addition, if the Secretary

16 decides that public notice is required for motor vehicle safety, public notice

17 shall be given in the way required by the Secretary after consulting with

18 the manufacturer.

19 (3) Notification required under section 30118 of this title about a tire

20 shall be sent by first class mail (or, if the manufacturer prefers, by certified

21 mail) to the most recent purchaser known to the manufacturer. In addition,

22 if the Secretary decides that public notice is required for motor vehicle safe23 ty, public notice shall be given in the way required by the Secretary after

24 consulting with the manufacturer. In deciding whether public notice is re25 quired, the Secretary shall consider—

26 (A) the magnitude of the risk to motor vehicle safety caused by the

27 defect or noncompliance; and

28 (B) the cost of public notice compared to the additional number of

29 owners the notice may reach.

30 (4) A dealer to whom a motor vehicle or replacement equipment was de31 livered shall be notified by certified mail or quicker means if available.

32 (e) SECOND NOTIFICATION.—If the Secretary decides that a notification

33 sent by a manufacturer under this section has not resulted in an adequate

34 number of motor vehicles or items of replacement equipment being returned

35 for remedy, the Secretary may order the manufacturer to send a 2d notifi36 cation in the way the Secretary prescribes by regulation.

37 (f) NOTIFICATION BY LESSOR TO LESSEE.—(1) In this subsection,

38 ‘‘leased motor vehicle’’ means a motor vehicle that is leased to a person for

39 at least 4 months by a lessor that has leased at least 5 motor vehicles in

40 the 12 months before the date of the notification.
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1 (2) A lessor that receives a notification required by section 30118 of this

2 title about a leased motor vehicle shall provide a copy of the notification

3 to the lessee in the way the Secretary prescribes by regulation.

4 § 30120. Remedies for defects and noncompliance

5 (a) WAYS TO REMEDY.—(1) Subject to subsections (f) and (g) of this

6 section, when notification of a defect or noncompliance is required under

7 section 30118(b) or (c) of this title, the manufacturer of the defective or

8 noncomplying motor vehicle or replacement equipment shall remedy the de9 fect or noncompliance without charge when the vehicle or equipment is pre10 sented for remedy. Subject to subsections (b) and (c) of this section, the

11 manufacturer shall remedy the defect or noncompliance in any of the follow12 ing ways the manufacturer chooses:

13 (A) if a vehicle—

14 (i) by repairing the vehicle;

15 (ii) by replacing the vehicle with an identical or reasonably

16 equivalent vehicle; or

17 (iii) by refunding the purchase price, less a reasonable allowance

18 for depreciation.

19 (B) if replacement equipment, by repairing the equipment or replac20 ing the equipment with identical or reasonably equivalent equipment.

21 (2) The Secretary of Transportation may prescribe regulations to allow

22 the manufacturer to impose conditions on the replacement of a motor vehi23 cle or refund of its price.

24 (b) TIRE REMEDIES.—(1) A manufacturer of a tire, including an original

25 equipment tire, shall remedy a defective or noncomplying tire if the owner

26 or purchaser presents the tire for remedy not later than 60 days after the

27 later of—

28 (A) the day the owner or purchaser receives notification under sec29 tion 30119 of this title; or

30 (B) if the manufacturer decides to replace the tire, the day the

31 owner or purchaser receives notification that a replacement is available.

32 (2) If the manufacturer decides to replace the tire and the replacement

33 is not available during the 60-day period, the owner or purchaser must

34 present the tire for remedy during a subsequent 60-day period that begins

35 only after the owner or purchaser receives notification that a replacement

36 will be available during the subsequent period. If tires are available during

37 the subsequent period, only a tire presented for remedy during that period

38 must be remedied.

39 (c) ADEQUACY OF REPAIRS.—(1) If a manufacturer decides to repair a

40 defective or noncomplying motor vehicle or replacement equipment and the
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1 repair is not done adequately within a reasonable time, the manufacturer

2 shall—

3 (A) replace the vehicle or equipment with an identical or reasonably

4 equivalent vehicle or equipment; or

5 (B) for a vehicle, refund the purchase price, less a reasonable allow6 ance for depreciation.

7 (2) Failure to repair a motor vehicle or replacement equipment ade8 quately not later than 60 days after its presentation is prima facie evidence

9 of failure to repair within a reasonable time. However, the Secretary may

10 extend, by order, the 60-day period if good cause for an extension is shown

11 and the reason is published in the Federal Register before the period ends.

12 Presentation of a vehicle or equipment for repair before the date specified

13 by a manufacturer in a notice under section 30119(a)(5) or 30121(c)(2) of

14 this title is not a presentation under this subsection.

15 (d) FILING MANUFACTURER’S REMEDY PROGRAM.—A manufacturer

16 shall file with the Secretary a copy of the manufacturer’s program under

17 this section for remedying a defect or noncompliance. The Secretary shall

18 make the program available to the public and publish a notice of availability

19 in the Federal Register.

20 (e) HEARINGS ABOUT MEETING REMEDY REQUIREMENTS.—On the mo21 tion of the Secretary or on application by any interested person, the Sec22 retary may conduct a hearing to decide whether the manufacturer has rea23 sonably met the remedy requirements under this section. Any interested per24 son may make written and oral presentations of information, views, and ar25 guments on whether the manufacturer has reasonably met the remedy re26 quirements. If the Secretary decides a manufacturer has not reasonably met

27 the remedy requirements, the Secretary shall order the manufacturer to

28 take specified action to meet those requirements and may take any other

29 action authorized under this chapter.

30 (f) FAIR REIMBURSEMENT TO DEALERS.—A manufacturer shall pay fair

31 reimbursement to a dealer providing a remedy without charge under this

32 section.

33 (g) NONAPPLICATION.—(1) The requirement that a remedy be provided

34 without charge does not apply if the motor vehicle or replacement equipment

35 was bought by the first purchaser more than 8 calendar years, or the tire,

36 including an original equipment tire, was bought by the first purchaser

37 more than 3 calendar years, before notice is given under section 30118(c)

38 of this title or an order is issued under section 30118(b) of this title, which39 ever is earlier.
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1 (2) This section does not apply during any period in which enforcement

2 of an order under section 30118(b) of this title is restrained or the order

3 is set aside in a civil action to which section 30121(d) of this title applies.

4 (h) EXEMPTIONS.—On application of a manufacturer, the Secretary shall

5 exempt the manufacturer from this section if the Secretary decides a defect

6 or noncompliance is inconsequential to motor vehicle safety. The Secretary

7 may take action under this subsection only after notice in the Federal Reg8 ister and an opportunity for any interested person to present information,

9 views, and arguments.

10 (i) LIMITATION ON SALE OR LEASE.—(1) If notification is required by

11 an order under section 30118(b) of this title or is required under section

12 30118(c) of this title and the manufacturer has provided to a dealer notifi13 cation about a new motor vehicle or new item of replacement equipment in

14 the dealer’s possession at the time of notification that contains a defect re15 lated to motor vehicle safety or does not comply with an applicable motor

16 vehicle safety standard prescribed under this chapter, the dealer may sell

17 or lease the motor vehicle or item of replacement equipment only if—

18 (A) the defect or noncompliance is remedied as required by this sec19 tion before delivery under the sale or lease; or

20 (B) when the notification is required by an order under section

21 30118(b) of this title, enforcement of the order is restrained or the

22 order is set aside in a civil action to which section 30121(d) of this

23 title applies.

24 (2) This subsection does not prohibit a dealer from offering for sale or

25 lease the vehicle or equipment.

26 § 30121. Provisional notification and civil actions to enforce

27 (a) PROVISIONAL NOTIFICATION.—(1) The Secretary of Transportation

28 may order a manufacturer to issue a provisional notification if a civil action

29 about an order issued under section 30118(b) of this title has been brought

30 under section 30163 of this title. The provisional notification shall con31 tain—

32 (A) a statement that the Secretary has decided that a defect related

33 to motor vehicle safety or noncompliance with a motor vehicle safety

34 standard prescribed under this chapter exists and that the manufac35 turer is contesting the decision in a civil action in a United States dis36 trict court;

37 (B) a clear description of the Secretary’s stated basis for the deci38 sion;

39 (C) the Secretary’s evaluation of the risk to motor vehicle safety rea40 sonably related to the defect or noncompliance;
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1 (D) measures the Secretary considers necessary to avoid an unrea2 sonable risk to motor vehicle safety resulting from the defect or non3 compliance;

4 (E) a statement that the manufacturer will remedy the defect or

5 noncompliance without charge under section 30120 of this title, but

6 that the requirement to remedy without charge is conditioned on the

7 outcome of the civil action; and

8 (F) other information the Secretary prescribes by regulation or in9 cludes in the order requiring the notice.

10 (2) A notification under this subsection does not relieve a manufacturer

11 of liability for not giving notification required by an order under section

12 30118(b) of this title.

13 (b) CIVIL ACTIONS FOR NOT NOTIFYING.—(1) A manufacturer that does

14 not notify owners and purchasers under section 30119(c) and (d) of this

15 title is liable to the United States Government for a civil penalty, unless

16 the manufacturer prevails in a civil action referred to in subsection (a) of

17 this section or the court in that action enjoins enforcement of the order.

18 Enforcement may be enjoined only if the court decides that the failure to

19 notify is reasonable and that the manufacturer has demonstrated the likeli20 hood of prevailing on the merits. If enforcement is enjoined, the manufac21 turer is not liable during the time the order is stayed.

22 (2) A manufacturer that does not notify owners and purchasers as re23 quired under subsection (a) of this section is liable for a civil penalty re24 gardless of whether the manufacturer prevails in an action on the validity

25 of the order issued under section 30118(b) of this title.

26 (c) ORDERS TO MANUFACTURERS.—If the Secretary prevails in a civil ac27 tion referred to in subsection (a) of this section, the Secretary shall order

28 the manufacturer—

29 (1) to notify each owner, purchaser, and dealer described in section

30 30119(d) of this title of the outcome of the action and other informa31 tion the Secretary requires, and notification under this clause may be

32 combined with notification required under section 30118(b) of this title;

33 (2) to specify the earliest date under section 30119(b) of this title

34 on which the defect or noncompliance will be remedied without charge

35 under section 30120 of this title; and

36 (3) if notification was required under subsection (a) of this section,

37 to reimburse an owner or purchaser for reasonable and necessary ex38 penses (in an amount that is not more than the amount specified in

39 the order of the Secretary under subsection (a)) incurred for repairing

40 the defect or noncompliance during the period beginning on the date
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1 that notification was required to be issued and ending on the date the

2 owner or purchaser receives the notification under this subsection.

3 (d) VENUE.—Notwithstanding section 30163(c) of this title, a civil action

4 about an order issued under section 30118(b) of this title must be brought

5 in the United States district court for a judicial district in the State in

6 which the manufacturer is incorporated or the District of Columbia. On mo7 tion of a party, the court may transfer the action to another district court

8 if good cause is shown. All actions related to the same order under section

9 30118(b) shall be consolidated in an action in one judicial district under an

10 order of the court in which the first action was brought. If the first action

11 is transferred to another court, that court shall issue the consolidation

12 order.

13 § 30122. Making safety devices and elements inoperative

14 (a) DEFINITION.—In this section, ‘‘motor vehicle repair business’’ means

15 a person holding itself out to the public to repair for compensation a motor

16 vehicle or motor vehicle equipment.

17 (b) PROHIBITION.—A manufacturer, distributor, dealer, or motor vehicle

18 repair business may not knowingly make inoperative any part of a device

19 or element of design installed on or in a motor vehicle or motor vehicle

20 equipment in compliance with an applicable motor vehicle safety standard

21 prescribed under this chapter unless the manufacturer, distributor, dealer,

22 or repair business reasonably believes the vehicle or equipment will not be

23 used (except for testing or a similar purpose during maintenance or repair)

24 when the device or element is inoperative.

25 (c) REGULATIONS.—The Secretary of Transportation may prescribe regu26 lations—

27 (1) to exempt a person from this section if the Secretary decides the

28 exemption is consistent with motor vehicle safety and section 30101 of

29 this title; and

30 (2) to define ‘‘make inoperative’’.

31 (d) NONAPPLICATION.—This section does not apply to a safety belt inter32 lock or buzzer designed to indicate a safety belt is not in use as described

33 in section 30124 of this title.

34 § 30123. Tires

35 (a) LABELING REQUIREMENT.—The Secretary of Transportation shall re36 quire that a pneumatic tire subject to a motor vehicle safety standard pre37 scribed under this chapter be labeled permanently and conspicuously with

38 safety information the Secretary decides is necessary to carry out section

39 30101 of this title.

40 (b) CONTENTS OF LABEL.—Labeling required on a tire under subsection

41 (a) of this section shall include—
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1 (1)(A) identification of the manufacturer;

2 (B) for a retreaded tire, identification of the retreader; or

3 (C) for a tire containing a brand name (other than the name of the

4 manufacturer), a code mark allowing a seller to identify the manufac5 turer to the purchaser;

6 (2) the composition of material used in the ply of the tire;

7 (3) the number of plies in the tire;

8 (4) the maximum allowable load for the tire; and

9 (5)(A) a statement that the tire complies with minimum safe per10 formance standards prescribed under this chapter; or

11 (B) a mark or symbol the Secretary prescribes for use by a manufac12 turer or retreader complying with those standards.

13 (c) ADDITIONAL INFORMATION.—The Secretary may require that addi14 tional safety information be disclosed to a purchaser when a tire is sold.

15 (d) REGROOVED TIRE LIMITATIONS.—(1) In this subsection, ‘‘regrooved

16 tire’’ means a tire with a new tread produced by cutting into the tread of

17 a worn tire.

18 (2) The Secretary may authorize the sale, offer for sale, introduction for

19 sale, or delivery for introduction in interstate commerce, of a regrooved tire

20 or a motor vehicle equipped with regrooved tires if the Secretary decides the

21 tires are designed and made in a way consistent with section 30101 of this

22 title. A person may not sell, offer for sale, introduce for sale, or deliver for

23 introduction in interstate commerce, a regrooved tire or a vehicle equipped

24 with regrooved tires unless authorized by the Secretary.

25 (e) UNIFORM QUALITY GRADING SYSTEM, NOMENCLATURE, AND MAR26 KETING PRACTICES.—The Secretary shall prescribe through standards a

27 uniform quality grading system for motor vehicle tires to help consumers

28 make an informed choice when purchasing tires. The Secretary also shall

29 cooperate with industry and the Federal Trade Commission to the greatest

30 extent practicable to eliminate deceptive and confusing tire nomenclature

31 and marketing practices. A tire standard or regulation prescribed under this

32 chapter supersedes an order or administrative interpretation of the Commis33 sion.

34 (f) MAXIMUM LOAD STANDARDS.—The Secretary shall require a motor

35 vehicle to be equipped with tires that meet maximum load standards when

36 the vehicle is loaded with a reasonable amount of luggage and the total

37 number of passengers the vehicle is designed to carry. The vehicle shall be

38 equipped with those tires by the manufacturer or by the first purchaser

39 when the vehicle is first bought in good faith other than for resale.
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1 § 30124. Buzzers indicating nonuse of safety belts

2 A motor vehicle safety standard prescribed under this chapter may not

3 require or allow a manufacturer to comply with the standard by using a

4 safety belt interlock designed to prevent starting or operating a motor vehi5 cle if an occupant is not using a safety belt or a buzzer designed to indicate

6 a safety belt is not in use, except a buzzer that operates only during the

7 8-second period after the ignition is turned to the ‘‘start’’ or ‘‘on’’ position.

8 § 30125. Schoolbuses and schoolbus equipment

9 (a) DEFINITIONS.—In this section—

10 (1) ‘‘schoolbus’’ means a passenger motor vehicle designed to carry

11 a driver and more than 10 passengers, that the Secretary of Transpor12 tation decides is likely to be used significantly to transport preprimary,

13 primary, and secondary school students to or from school or an event

14 related to school.

15 (2) ‘‘schoolbus equipment’’ means equipment designed primarily for

16 a schoolbus or manufactured or sold to replace or improve a system,

17 part, or component of a schoolbus or as an accessory or addition to

18 a schoolbus.

19 (b) STANDARDS.—The Secretary shall prescribe motor vehicle safety

20 standards for schoolbuses and schoolbus equipment manufactured in, or im21 ported into, the United States. Standards shall include minimum perform22 ance requirements for—

23 (1) emergency exits;

24 (2) interior protection for occupants;

25 (3) floor strength;

26 (4) seating systems;

27 (5) crashworthiness of body and frame (including protection against

28 rollover hazards);

29 (6) vehicle operating systems;

30 (7) windows and windshields; and

31 (8) fuel systems.

32 (c) TEST DRIVING BY MANUFACTURERS.—The Secretary may require by

33 regulation a schoolbus to be test-driven by a manufacturer before introduc34 tion in commerce.

35 § 30126. Used motor vehicles

36 To ensure a continuing and effective national safety program, it is the

37 policy of the United States Government to encourage and strengthen State

38 inspection of used motor vehicles. Therefore, the Secretary of Transpor39 tation shall prescribe uniform motor vehicle safety standards for all used

40 motor vehicles. The standards shall be stated in terms of motor vehicle safe41 ty performance.
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1 § 30127. Automatic occupant crash protection and seat belt

2 use

3 (a) DEFINITIONS.—In this section—

4 (1) ‘‘bus’’ means a motor vehicle with motive power (except a trailer)

5 designed to carry more than 10 individuals.

6 (2) ‘‘multipurpose passenger vehicle’’ means a motor vehicle with

7 motive power (except a trailer), designed to carry not more than 10

8 individuals, that is constructed either on a truck chassis or with special

9 features for occasional off-road operation.

10 (3) ‘‘passenger car’’ means a motor vehicle with motive power (ex11 cept a multipurpose passenger vehicle, motorcycle, or trailer) designed

12 to carry not more than 10 individuals.

13 (4) ‘‘truck’’ means a motor vehicle with motive power (except a trail14 er) designed primarily to transport property or special purpose equip15 ment.

16 (b) INFLATABLE RESTRAINT REQUIREMENTS.—(1) Not later than Sep17 tember 1, 1993, the Secretary of Transportation shall prescribe under this

18 chapter an amendment to Federal Motor Vehicle Safety Standard 208 is19 sued under the National Traffic and Motor Vehicle Safety Act of 1966. The

20 amendment shall require that the automatic occupant crash protection sys21 tem—

22 (A) for both of the front outboard seating positions for each of the

23 following vehicles be an inflatable restraint complying with the occu24 pant protection requirements under section 4.1.2.1 of Standard 208:

25 (i) 95 percent of each manufacturer’s annual production of pas26 senger cars manufactured after August 31, 1996, and before Sep27 tember 1, 1997.

28 (ii) 80 percent of each manufacturer’s annual production of

29 buses, multipurpose passenger vehicles, and trucks, except walk-in

30 van-type trucks and vehicles designed to be sold only to the United

31 States Postal Service, for buses, vehicles, and trucks with a gross

32 vehicle weight rating of not more than 8,500 pounds and an un33 loaded vehicle weight of not more than 5,500 pounds manufac34 tured after August 31, 1997, and before September 1, 1998; and

35 (B) for both of the front outboard seating positions for each of the

36 following vehicles only be an inflatable restraint (with lap and shoulder

37 belts) complying with the occupant protection requirement under sec38 tion 4.1.2.1 of Standard 208:

39 (i) 100 percent of each manufacturer’s annual production of

40 passenger cars manufactured after August 31, 1997.
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1 (ii) 100 percent of each manufacturer’s annual production of ve2 hicles described in paragraph (1)(A)(ii) of this subsection manu3 factured after August 31, 1998.

4 (2) Manufacturers may not use credits and incentives available before

5 September 1, 1998, under the provisions of Standard 208 (as amended by

6 this section) to comply with the requirements of paragraph (1)(B)(ii) of this

7 subsection after August 31, 1998.

8 (c) OWNER MANUAL REQUIREMENTS.—In amending Standard 208, the

9 Secretary of Transportation shall require, as soon as possible, that owner

10 manuals for passenger cars, buses, multipurpose passenger vehicles, and

11 trucks equipped with an inflatable restraint include a statement in an easily

12 understandable format stating that—

13 (1) either or both of the front outboard seating positions of the vehi14 cle are equipped with an inflatable restraint referred to as an ‘‘airbag’’

15 and a lap and shoulder belt;

16 (2) the ‘‘airbag’’ is a supplemental restraint and is not a substitute

17 for lap and shoulder belts;

18 (3) lap and shoulder belts also must be used correctly by an occu19 pant in a front outboard seating position to provide restraint or protec20 tion from frontal crashes as well as other types of crashes or accidents;

21 and

22 (4) occupants should always wear their lap and shoulder belts, if

23 available, or other safety belts, whether or not there is an inflatable

24 restraint.

25 (d) SEAT BELTS.—Congress finds that it is in the public interest for each

26 State to adopt and enforce mandatory seat belt use laws and for the United

27 States Government to adopt and enforce mandatory seat belt use regula28 tions.

29 (e) TEMPORARY EXEMPTIONS.—(1) On application of a manufacturer,

30 the Secretary of Transportation may exempt, on a temporary basis, motor

31 vehicles of that manufacturer from any requirement under subsections (b)

32 and (c) of this section on terms the Secretary considers appropriate. An ex33 emption may be renewed.

34 (2) The Secretary of Transportation may grant an exemption under para35 graph (1) of this subsection if the Secretary decides that there has been a

36 disruption in the supply of any component of an inflatable restraint or in

37 the use and installation by the manufacturer of that component because of

38 an unavoidable event not under the control of the manufacturer that will

39 prevent the manufacturer from meeting its anticipated production volume

40 of vehicles with those restraints.
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1 (3) Only an affected manufacturer may apply for an exemption. The Sec2 retary of Transportation shall prescribe in the amendment to Standard 208

3 required under this section the information an affected manufacturer must

4 include in its application under this subsection. The manufacturer shall

5 specify in the application the models, lines, and types of vehicles affected.

6 The Secretary may consolidate similar applications from different manufac7 turers.

8 (4) An exemption or renewal of an exemption is conditioned on the com9 mitment of the manufacturer to recall the exempted vehicles for installation

10 of the omitted inflatable restraints within a reasonable time that the manu11 facturer proposes and the Secretary of Transportation approves after the

12 components become available in sufficient quantities to satisfy both antici13 pated production and recall volume requirements.

14 (5) The Secretary of Transportation shall publish in the Federal Register

15 a notice of each application under this subsection and each decision to grant

16 or deny a temporary exemption and the reasons for the decision.

17 (6) The Secretary of Transportation shall require a label to be fixed to

18 each exempted vehicle that can be removed only after recall and installation

19 of the required inflatable restraint. The Secretary shall require that written

20 notice of an exemption be provided to the dealer and the first purchaser of

21 each exempted vehicle other than for resale, with the notice being provided

22 in a way, and containing the information, the Secretary considers appro23 priate.

24 (f) APPLICATION.—(1) This section revises, but does not replace, Stand25 ard 208 as in effect on December 18, 1991, including the amendment of

26 March 26, 1991 (56 Fed. Reg. 12472), to Standard 208, extending the re27 quirements for automatic crash protection, with incentives for more innova28 tive automatic crash protection, to trucks, buses, and multipurpose pas29 senger vehicles. This section may not be construed as—

30 (A) affecting another provision of law carried out by the Secretary

31 of Transportation applicable to passenger cars, buses, multipurpose

32 passenger vehicles, or trucks; or

33 (B) establishing a precedent related to developing or prescribing a

34 Government motor vehicle safety standard.

35 (2) This section and amendments to Standard 208 made under this sec36 tion may not be construed as indicating an intention by Congress to affect

37 any liability of a motor vehicle manufacturer under applicable law related

38 to vehicles with or without inflatable restraints.

39 (g) REPORT.—(1) On October 1, 1992, and every 6 months after that

40 date through October 1, 2000, the Secretary of Transportation shall submit

41 reports on the effectiveness of occupant restraint systems as a percentage
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1 reduction in fatalities or injuries of restrained occupants compared to unre2 strained occupants for—

3 (A) a combination of inflated restraints and lap and shoulder belts;

4 (B) inflated restraints only; and

5 (C) lap and shoulder belts only.

6 (2) In consultation with the Secretaries of Labor and Defense, the Sec7 retary of Transportation also shall provide information and analysis on lap

8 and shoulder belt use, nationally and in each State by—

9 (A) military personnel;

10 (B) Government, State, and local law enforcement officers;

11 (C) other Government and State employees; and

12 (D) the public.

13 (h) AIRBAGS FOR GOVERNMENT CARS.—In cooperation with the Adminis14 trator of General Services and the heads of appropriate departments, agen15 cies, and instrumentalities of the Government, the Secretary of Transpor16 tation shall establish a program, consistent with applicable procurement

17 laws of the Government and available appropriations, requiring that all pas18 senger cars acquired—

19 (1) after September 30, 1994, for use by the Government be

20 equipped, to the maximum extent practicable, with driver-side inflatable

21 restraints; and

22 (2) after September 30, 1996, for use by the Government be

23 equipped, to the maximum extent practicable, with inflatable restraints

24 for both front outboard seating positions.

25 SUBCHAPTER III—IMPORTING NONCOMPLYING MOTOR

26 VEHICLES AND EQUIPMENT

27 § 30141. Importing motor vehicles capable of complying with

28 standards

29 (a) GENERAL.—Section 30112(a) of this title does not apply to a motor

30 vehicle if—

31 (1) on the initiative of the Secretary of Transportation or on petition

32 of a manufacturer or importer registered under subsection (c) of this

33 section, the Secretary decides—

34 (A) the vehicle is—

35 (i) substantially similar to a motor vehicle originally manu36 factured for import into and sale in the United States;

37 (ii) certified under section 30115 of this title;

38 (iii) the same model year (as defined under regulations of

39 the Secretary of Transportation) as the model of the motor

40 vehicle it is being compared to; and
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1 (iv) capable of being readily altered to comply with applica2 ble motor vehicle safety standards prescribed under this chap3 ter; or

4 (B) if there is no substantially similar United States motor vehi5 cle, the safety features of the vehicle comply with or are capable

6 of being altered to comply with those standards based on destruc7 tive test information or other evidence the Secretary of Transpor8 tation decides is adequate;

9 (2) the vehicle is imported by a registered importer; and

10 (3) the registered importer pays the annual fee the Secretary of

11 Transportation establishes under subsection (e) of this section to pay

12 for the costs of carrying out the registration program for importers

13 under subsection (c) of this section and any other fees the Secretary

14 of Transportation establishes to pay for the costs of—

15 (A) processing bonds provided to the Secretary of the Treasury

16 under subsection (d) of this section; and

17 (B) making the decisions under this subchapter.

18 (b) PROCEDURES ON DECIDING ON MOTOR VEHICLE CAPABILITY.—(1)

19 The Secretary of Transportation shall establish by regulation procedures for

20 making a decision under subsection (a)(1) of this section and the informa21 tion a petitioner must provide to show clearly that the motor vehicle is capa22 ble of being brought into compliance with applicable motor vehicle safety

23 standards prescribed under this chapter. In establishing the procedures, the

24 Secretary shall provide for a minimum period of public notice and written

25 comment consistent with ensuring expeditious, but complete, consideration

26 and avoiding delay by any person. In making a decision under those proce27 dures, the Secretary shall consider test information and other information

28 available to the Secretary, including any information provided by the manu29 facturer. If the Secretary makes a negative decision, the Secretary may not

30 make another decision for the same model until at least 3 calendar months

31 have elapsed after the negative decision.

32 (2) The Secretary of Transportation shall publish each year in the Fed33 eral Register a list of all decisions made under subsection (a)(1) of this sec34 tion. Each published decision applies to the model of the motor vehicle for

35 which the decision was made. A positive decision permits another importer

36 registered under subsection (c) of this section to import a vehicle of the

37 same model under this section if the importer complies with all the terms

38 of the decision.

39 (c) REGISTRATION.—(1) The Secretary of Transportation shall establish

40 procedures for registering a person who complies with requirements pre41 scribed by the Secretary by regulation under this subsection, including—
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1 (A) recordkeeping requirements;

2 (B) inspection of records and facilities related to motor vehicles the

3 person has imported, altered, or both; and

4 (C) requirements that ensure that the importer (or a successor in

5 interest) will be able technically and financially to carry out responsibil6 ities under sections 30117(b), 30118–30121, and 30166(f) of this title.

7 (2) The Secretary of Transportation shall deny registration to a person

8 whose registration is revoked under paragraph (4) of this subsection.

9 (3) The Secretary of Transportation may deny registration to a person

10 that is or was owned or controlled by, or under common ownership or con11 trol with, a person whose registration was revoked under paragraph (4) of

12 this subsection.

13 (4) The Secretary of Transportation shall establish procedures for—

14 (A) revoking or suspending a registration issued under paragraph

15 (1) of this subsection for not complying with a requirement of this sub16 chapter or section 30112, 30115, 30117–30122, 30125(c), 30127, or

17 30166 of this title or regulations prescribed under this subchapter or

18 those sections;

19 (B) automatically suspending a registration for not paying a fee

20 under subsection (a)(3) of this section in a timely manner or for know21 ingly filing a false or misleading certification under section 30146 of

22 this title; and

23 (C) reinstating suspended registrations.

24 (d) BONDS.—(1) A person importing a motor vehicle under this section

25 shall provide a bond to the Secretary of the Treasury (acting for the Sec26 retary of Transportation) and comply with the terms the Secretary of

27 Transportation decides are appropriate to ensure that the vehicle—

28 (A) will comply with applicable motor vehicle safety standards pre29 scribed under this chapter within a reasonable time (specified by the

30 Secretary of Transportation) after the vehicle is imported; or

31 (B) will be exported (at no cost to the United States Government)

32 by the Secretary of the Treasury or abandoned to the Government.

33 (2) The amount of the bond provided under this subsection shall be at

34 least equal to the dutiable value of the motor vehicle (as determined by the

35 Secretary of the Treasury) but not more than 150 percent of that value.

36 (e) FEE REVIEW, ADJUSTMENT, AND USE.—The Secretary of Transpor37 tation shall review and make appropriate adjustments at least every 2 years

38 in the amounts of the fees required to be paid under subsection (a)(3) of

39 this section. The Secretary of Transportation shall establish the fees for

40 each fiscal year before the beginning of that year. All fees collected remain

41 available until expended without fiscal year limit to the extent provided in
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1 advance by appropriation laws. The amounts are only for use by the Sec2 retary of Transportation—

3 (1) in carrying out this section and sections 30146(a)–(c)(1), (d),

4 and (e) and 30147(b) of this title; and

5 (2) in advancing to the Secretary of the Treasury amounts for costs

6 incurred under this section and section 30146 of this title to reimburse

7 the Secretary of the Treasury for those costs.

8 § 30142. Importing motor vehicles for personal use

9 (a) GENERAL.—Section 30112(a) of this title does not apply to an im10 ported motor vehicle if—

11 (1) the vehicle is imported for personal use, and not for resale, by

12 an individual (except an individual described in sections 30143 and

13 30144 of this title);

14 (2) the vehicle is imported after January 31, 1990; and

15 (3) the individual takes the actions required under subsection (b) of

16 this section to receive an exemption.

17 (b) EXEMPTIONS.—(1) To receive an exemption under subsection (a) of

18 this section, an individual must—

19 (A) provide the Secretary of the Treasury (acting for the Secretary

20 of Transportation) with—

21 (i) an appropriate bond in an amount determined under section

22 30141(d) of this title;

23 (ii) a copy of an agreement with an importer registered under

24 section 30141(c) of this title for bringing the motor vehicle into

25 compliance with applicable motor vehicle safety standards pre26 scribed under this chapter; and

27 (iii) a certification that the vehicle meets the requirement of sec28 tion 30141(a)(1)(A) or (B) of this title; and

29 (B) comply with appropriate terms the Secretary of Transportation

30 imposes to ensure that the vehicle—

31 (i) will be brought into compliance with those standards within

32 a reasonable time (specified by the Secretary of Transportation)

33 after the vehicle is imported; or

34 (ii) will be exported (at no cost to the United States Govern35 ment) by the Secretary of the Treasury or abandoned to the Gov36 ernment.

37 (2) For good cause shown, the Secretary of Transportation may allow an

38 individual additional time, but not more than 30 days after the day on

39 which the motor vehicle is offered for import, to comply with paragraph

40 (1)(A)(ii) of this subsection.
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1 § 30143. Motor vehicles imported by individuals employed

2 outside the United States

3 (a) DEFINITION.—In this section, ‘‘assigned place of employment’’

4 means—

5 (1) the principal location at which an individual is permanently or

6 indefinitely assigned to work; and

7 (2) for a member of the uniformed services, the individual’s perma8 nent duty station.

9 (b) GENERAL.—Section 30112(a) of this title does not apply to a motor

10 vehicle imported for personal use, and not for resale, by an individual—

11 (1) whose assigned place of employment was outside the United

12 States as of October 31, 1988, and who has not had an assigned place

13 of employment in the United States from that date through the date

14 the vehicle is imported into the United States;

15 (2) who previously had not imported a motor vehicle into the United

16 States under this section or section 108(g) of the National Traffic and

17 Motor Vehicle Safety Act of 1966 or, before October 31, 1988, under

18 section 108(b)(3) of that Act;

19 (3) who acquired, or made a binding contract to acquire, the vehicle

20 before October 31, 1988;

21 (4) who imported the vehicle into the United States not later than

22 October 31, 1992; and

23 (5) who satisfies section 108(b)(3) of that Act as in effect on Octo24 ber 30, 1988.

25 (c) CERTIFICATION.—Subsection (b) of this section is carried out by cer26 tification in the form the Secretary of Transportation or the Secretary of

27 the Treasury may prescribe.

28 § 30144. Importing motor vehicles on a temporary basis

29 (a) GENERAL.—Section 30112(a) of this title does not apply to a motor

30 vehicle imported on a temporary basis for personal use by an individual who

31 is a member of—

32 (1)(A) the personnel of the government of a foreign country on as33 signment in the United States or a member of the Secretariat of a pub34 lic international organization designated under the International Orga35 nization Immunities Act (22 U.S.C. 288 et seq.); and

36 (B) the class of individuals for whom the Secretary of State has au37 thorized free importation of motor vehicles; or

38 (2) the armed forces of a foreign country on assignment in the Unit39 ed States.

40 (b) VERIFICATION.—The Secretary of Transportation or the Secretary of

41 the Treasury may require verification, that the Secretary of Transportation
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1 considers appropriate, that an individual is a member described under sub2 section (a) of this section. The Secretary of Transportation shall ensure that

3 a motor vehicle imported under this section will be exported (at no cost to

4 the United States Government) or abandoned to the Government when the

5 individual no longer—

6 (1) resides in the United States; and

7 (2) is a member described under subsection (a) of this section.

8 (c) SALE IN THE UNITED STATES.—A motor vehicle imported under this

9 section may not be sold when in the United States.

10 § 30145. Importing motor vehicles or equipment requiring

11 further manufacturing

12 Section 30112(a) of this title does not apply to a motor vehicle or motor

13 vehicle equipment if the vehicle or equipment—

14 (1) requires further manufacturing to perform its intended function

15 as decided under regulations prescribed by the Secretary of Transpor16 tation; and

17 (2) is accompanied at the time of importation by a written statement

18 issued by the manufacturer indicating the applicable motor vehicle safe19 ty standard prescribed under this chapter with which it does not com20 ply.

21 § 30146. Release of motor vehicles and bonds

22 (a) COMPLIANCE CERTIFICATION AND BOND.—(1) Except as provided in

23 subsections (c) and (d) of this section, an importer registered under section

24 30141(c) of this title may license or register an imported motor vehicle for

25 use on public streets, roads, or highways, or release custody of a motor vehi26 cle imported by the registered importer or imported by an individual under

27 section 30142 of this title and altered by the registered importer to meet

28 applicable motor vehicle safety standards prescribed under this chapter to

29 a person for license or registration for use on public streets, roads, or high30 ways, only after 30 days after the registered importer certifies to the Sec31 retary of Transportation, in the way the Secretary prescribes, that the

32 motor vehicle complies with each standard prescribed in the year the vehicle

33 was manufactured. A vehicle may not be released if the Secretary gives writ34 ten notice before the end of the 30-day period that the Secretary will inspect

35 the vehicle under subsection (c) of this section.

36 (2) The Secretaries of Transportation and the Treasury shall prescribe

37 regulations—

38 (A) ensuring the release of a motor vehicle and bond required under

39 section 30141(d) of this title at the end of the 30-day period, unless

40 the Secretary of Transportation issues a notice of an inspection under

41 subsection (c) of this section; and
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1 (B) providing that the Secretary of Transportation shall release the

2 vehicle and bond promptly after an inspection under subsection (c) of

3 this section showing compliance with the standards applicable to the ve4 hicle.

5 (3) Each registered importer shall include on each motor vehicle released

6 under this subsection a label prescribed by the Secretary of Transportation

7 identifying the importer and stating that the vehicle has been altered by the

8 importer to comply with the standards applicable to the vehicle.

9 (b) RELIANCE ON MANUFACTURER’S CERTIFICATION.—In making a cer10 tification under subsection (a)(1) of this section, the registered importer

11 may rely on the manufacturer’s certification for the model to which the

12 motor vehicle involved is substantially similar if the importer certifies that

13 any alteration made by the importer did not affect the compliance of the

14 safety features of the vehicle and the importer keeps records verifying the

15 certification for the period the Secretary of Transportation prescribes.

16 (c) EVIDENCE OF COMPLIANCE.—(1) The Secretary of Transportation

17 may require that the certification under subsection (a)(1) of this section be

18 accompanied by evidence of compliance the Secretary considers appropriate

19 or may inspect the certified motor vehicle, or both. If the Secretary gives

20 notice of an inspection, an importer may release the vehicle only after—

21 (A) an inspection showing the motor vehicle complies with applicable

22 motor vehicle safety standards prescribed under this chapter for which

23 the inspection was made; and

24 (B) release of the vehicle by the Secretary.

25 (2) The Secretary of Transportation shall inspect periodically a represent26 ative number of motor vehicles for which certifications have been filed under

27 subsection (a)(1) of this section. In carrying out a motor vehicle testing pro28 gram under this chapter, the Secretary shall include a representative num29 ber of motor vehicles for which certifications have been filed under sub30 section (a)(1).

31 (d) CHALLENGING THE CERTIFICATION.—A motor vehicle or bond may

32 not be released under subsection (a) of this section if the Secretary of

33 Transportation, not later than 30 days after receiving a certification under

34 subsection (a)(1) of this section, gives written notice that the Secretary be35 lieves or has reason to believe that the certification is false or contains a

36 mispresentation. The vehicle and bond may be released only after the Sec37 retary is satisfied with the certification and any modification of the certifi38 cation.

39 (e) BOND RELEASE.—A release of a bond required under section

40 30141(d) of this title is deemed an acceptance of a certification or comple41 tion of an inspection under this section but is not a decision by the Sec-
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1 retary of Transportation under section 30118(a) or (b) of this title of com2 pliance with applicable motor vehicle safety standards prescribed under this

3 chapter.

4 § 30147. Responsibility for defects and noncompliance

5 (a) DEEMING DEFECT OR NONCOMPLIANCE TO CERTAIN VEHICLES AND

6 IMPORTER AS MANUFACTURER.—(1) In carrying out sections 30117(b),

7 30118–30121, and 30166(f) of this title—

8 (A) for a defect or noncompliance with an applicable motor vehicle

9 safety standard prescribed under this chapter for a motor vehicle origi10 nally manufactured for import into the United States, an imported

11 motor vehicle having a valid certification under section 30146(a)(1) of

12 this title and decided to be substantially similar to that motor vehicle

13 shall be deemed as having the same defect or as not complying with

14 the same standard unless the manufacturer or importer registered

15 under section 30141(c) of this title demonstrates otherwise to the Sec16 retary of Transportation; and

17 (B) the registered importer shall be deemed to be the manufacturer

18 of any motor vehicle that the importer imports or brings into compli19 ance with the standards for an individual under section 30142 of this

20 title.

21 (2) The Secretary shall publish in the Federal Register notice of any de22 fect or noncompliance under paragraph (1)(A) of this subsection.

23 (b) FINANCIAL RESPONSIBILITY REQUIREMENT.—The Secretary shall re24 quire by regulation each registered importer (including any successor in in25 terest) to provide and maintain evidence, satisfactory to the Secretary, of

26 sufficient financial responsibility to meet its obligations under sections

27 30117(b), 30118–30121, and 30166(f) of this title.

28 SUBCHAPTER IV—ENFORCEMENT AND ADMINISTRATIVE

29 § 30161. Judicial review of standards

30 (a) FILING AND VENUE.—A person adversely affected by an order pre31 scribing a motor vehicle safety standard under this chapter may apply for

32 review of the order by filing a petition for review in the court of appeals

33 of the United States for the circuit in which the person resides or has its

34 principal place of business. The petition must be filed not later than 59 days

35 after the order is issued.

36 (b) NOTIFYING SECRETARY.—The clerk of the court shall send imme37 diately a copy of the petition to the Secretary of Transportation. The Sec38 retary shall file with the court a record of the proceeding in which the order

39 was prescribed.

40 (c) ADDITIONAL PROCEEDINGS.—(1) On request of the petitioner, the

41 court may order the Secretary to receive additional evidence and evidence
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1 in rebuttal if the court is satisfied that the additional evidence is material

2 and there were reasonable grounds for not presenting the evidence in the

3 proceeding before the Secretary.

4 (2) The Secretary may modify findings of fact or make new findings be5 cause of the additional evidence presented. The Secretary shall file a modi6 fied or new finding, a recommendation to modify or set aside the order, and

7 the additional evidence with the court.

8 (d) CERTIFIED COPIES OF RECORDS OF PROCEEDINGS.—The Secretary

9 shall give any interested person a certified copy of the transcript of the

10 record in a proceeding under this section on request and payment of costs.

11 A certified copy of the record of the proceeding is admissible in a proceeding

12 arising out of a matter under this chapter, regardless of whether the pro13 ceeding under this section has begun or becomes final.

14 (e) FINALITY OF JUDGMENT AND SUPREME COURT REVIEW.—A judg15 ment of a court under this section is final and may be reviewed only by

16 the Supreme Court under section 1254 of title 28.

17 § 30162. Petitions by interested persons for standards and

18 enforcement

19 (a) FILING.—Any interested person may file a petition with the Secretary

20 of Transportation requesting the Secretary to begin a proceeding—

21 (1) to prescribe a motor vehicle safety standard under this chapter;

22 or

23 (2) to decide whether to issue an order under section 30118(b) of

24 this title.

25 (b) STATEMENT OF FACTS.—The petition must state facts that the per26 son claims establish that a motor vehicle safety standard or order referred

27 to in subsection (a) of this section is necessary and briefly describe the

28 order the Secretary should issue.

29 (c) PROCEEDINGS.—The Secretary may hold a public hearing or conduct

30 an investigation or proceeding to decide whether to grant the petition.

31 (d) ACTIONS OF SECRETARY.—The Secretary shall grant or deny a peti32 tion not later than 120 days after the petition is filed. If a petition is grant33 ed, the Secretary shall begin the proceeding promptly. If a petition is de34 nied, the Secretary shall publish the reasons for the denial in the Federal

35 Register.

36 § 30163. Actions by the Attorney General

37 (a) CIVIL ACTIONS TO ENFORCE.—The Attorney General may bring a

38 civil action in a United States district court to enjoin—

39 (1) a violation of this chapter or a regulation prescribed or order is40 sued under this chapter; and
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1 (2) the sale, offer for sale, or introduction or delivery for introduc2 tion, in interstate commerce, or the importation into the United States,

3 of a motor vehicle or motor vehicle equipment for which it is decided,

4 before the first purchase in good faith other than for resale, that the

5 vehicle or equipment—

6 (A) contains a defect related to motor vehicle safety about which

7 notice was given under section 30118(c) of this title or an order

8 was issued under section 30118(b) of this title; or

9 (B) does not comply with an applicable motor vehicle safety

10 standard prescribed under this chapter.

11 (b) PRIOR NOTICE.—When practicable, the Secretary of Transportation

12 shall notify a person against whom a civil action under subsection (a) of

13 this section is planned, give the person an opportunity to present that per14 son’s views, and, except for a knowing and willful violation of this chapter,

15 give the person a reasonable opportunity to remedy the defect or comply

16 with the applicable motor vehicle safety standard prescribed under this

17 chapter. Failure to give notice and an opportunity to remedy the defect or

18 comply with the applicable motor vehicle safety standard prescribed under

19 this chapter does not prevent a court from granting appropriate relief.

20 (c) VENUE.—Except as provided in section 30121(d) of this title, a civil

21 action under this section or section 30165(a) of this title may be brought

22 in the judicial district in which the violation occurred or the defendant is

23 found, resides, or does business. Process in the action may be served in any

24 other judicial district in which the defendant resides or is found.

25 (d) JURY TRIAL DEMAND.—In a trial for criminal contempt for violating

26 an injunction or restraining order issued under subsection (a) of this sec27 tion, the violation of which is also a violation of this chapter, the defendant

28 may demand a jury trial. The defendant shall be tried as provided in rule

29 42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.).

30 (e) SUBPENAS FOR WITNESSES.—In a civil action brought under this sec31 tion, a subpena for a witness may be served in any judicial district.

32 § 30164. Service of process

33 (a) DESIGNATING AGENTS.—A manufacturer offering a motor vehicle or

34 motor vehicle equipment for import shall designate an agent on whom serv35 ice of notices and process in administrative and judicial proceedings may be

36 made. The designation shall be in writing and filed with the Secretary of

37 Transportation. The designation may be changed in the same way as origi38 nally made.

39 (b) SERVICE.—An agent may be served at the agent’s office or usual

40 place of residence. Service on the agent is deemed to be service on the man-
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1 ufacturer. If a manufacturer does not designate an agent, service may be

2 made by posting the notice or process in the office of the Secretary.

3 § 30165. Civil penalty

4 (a) PENALTY.—A person that violates section 30112, 30115, 30117–

5 30122, 30123(d), 30125(c), 30127, 30141–30147, or 30166 of this title or

6 a regulation prescribed under those sections is liable to the United States

7 Government for a civil penalty of not more than $1,000 for each violation.

8 A separate violation occurs for each motor vehicle or item of motor vehicle

9 equipment and for each failure or refusal to allow or perform an act re10 quired by those sections. The maximum penalty under this subsection for

11 a related series of violations is $800,000.

12 (b) COMPROMISE AND SETOFF.—(1) The Secretary of Transportation

13 may compromise the amount of a civil penalty imposed under this section.

14 (2) The Government may deduct the amount of a civil penalty imposed

15 or compromised under this section from amounts it owes the person liable

16 for the penalty.

17 (c) CONSIDERATIONS.—In determining the amount of a civil penalty or

18 compromise, the appropriateness of the penalty or compromise to the size

19 of the business of the person charged and the gravity of the violation shall

20 be considered.

21 (d) SUBPENAS FOR WITNESSES.—In a civil action brought under this sec22 tion, a subpena for a witness may be served in any judicial district.

23 § 30166. Inspections, investigations, and records

24 (a) DEFINITION.—In this section, ‘‘motor vehicle accident’’ means an oc25 currence associated with the maintenance or operation of a motor vehicle

26 or motor vehicle equipment resulting in personal injury, death, or property

27 damage.

28 (b) AUTHORITY TO INSPECT AND INVESTIGATE.—(1) The Secretary of

29 Transportation may conduct an inspection or investigation—

30 (A) that may be necessary to enforce this chapter or a regulation

31 prescribed or order issued under this chapter; or

32 (B) related to a motor vehicle accident and designed to carry out this

33 chapter.

34 (2) The Secretary of Transportation shall cooperate with State and local

35 officials to the greatest extent possible in an inspection or investigation

36 under paragraph (1)(B) of this subsection.

37 (c) MATTERS THAT CAN BE INSPECTED AND IMPOUNDMENT.—In carry38 ing out this chapter, an officer or employee designated by the Secretary of

39 Transportation—

40 (1) at reasonable times, may inspect and copy any record related to

41 this chapter;
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1 (2) on request, may inspect records of a manufacturer, distributor,

2 or dealer to decide whether the manufacturer, distributor, or dealer has

3 complied or is complying with this chapter or a regulation prescribed

4 or order issued under this chapter; and

5 (3) at reasonable times, in a reasonable way, and on display of prop6 er credentials and written notice to an owner, operator, or agent in

7 charge, may—

8 (A) enter and inspect with reasonable promptness premises in

9 which a motor vehicle or motor vehicle equipment is manufactured,

10 held for introduction in interstate commerce, or held for sale after

11 introduction in interstate commerce;

12 (B) enter and inspect with reasonable promptness premises at

13 which a vehicle or equipment involved in a motor vehicle accident

14 is located;

15 (C) inspect with reasonable promptness that vehicle or equip16 ment; and

17 (D) impound for not more than 72 hours a vehicle or equipment

18 involved in a motor vehicle accident.

19 (d) REASONABLE COMPENSATION.—When a motor vehicle (except a vehi20 cle subject to subchapter II of chapter 105 of this title) or motor vehicle

21 equipment is inspected or temporarily impounded under subsection (c)(3) of

22 this section, the Secretary of Transportation shall pay reasonable compensa23 tion to the owner of the vehicle if the inspection or impoundment results

24 in denial of use, or reduction in value, of the vehicle.

25 (e) RECORDS AND MAKING REPORTS.—The Secretary of Transportation

26 reasonably may require a manufacturer of a motor vehicle or motor vehicle

27 equipment to keep records, and a manufacturer, distributor, or dealer to

28 make reports, to enable the Secretary to decide whether the manufacturer,

29 distributor, or dealer has complied or is complying with this chapter or a

30 regulation prescribed or order issued under this chapter. This subsection

31 does not impose a recordkeeping requirement on a distributor or dealer in

32 addition to those imposed under subsection (f) of this section and section

33 30117(b) of this title or a regulation prescribed or order issued under sub34 section (f) or section 30117(b).

35 (f) PROVIDING COPIES OF COMMUNICATIONS ABOUT DEFECTS AND NON36 COMPLIANCE.—A manufacturer shall give the Secretary of Transportation

37 a true or representative copy of each communication to the manufacturer’s

38 dealers or to owners or purchasers of a motor vehicle or replacement equip39 ment produced by the manufacturer about a defect or noncompliance with

40 a motor vehicle safety standard prescribed under this chapter in a vehicle

41 or equipment that is sold or serviced.
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1 (g) ADMINISTRATIVE AUTHORITY ON REPORTS, ANSWERS, AND HEAR2 INGS.—(1) In carrying out this chapter, the Secretary of Transportation

3 may—

4 (A) require, by general or special order, any person to file reports

5 or answers to specific questions, including reports or answers under

6 oath; and

7 (B) conduct hearings, administer oaths, take testimony, and require

8 (by subpena or otherwise) the appearance and testimony of witnesses

9 and the production of records the Secretary considers advisable.

10 (2) A witness summoned under this subsection is entitled to the same fee

11 and mileage the witness would have been paid in a court of the United

12 States.

13 (h) CIVIL ACTIONS TO ENFORCE AND VENUE.—A civil action to enforce

14 a subpena or order under subsection (g) of this section may be brought in

15 the United States district court for the judicial district in which the pro16 ceeding is conducted. The court may punish a failure to obey an order of

17 the court to comply with a subpena or order as a contempt of court.

18 (i) GOVERNMENTAL COOPERATION.—The Secretary of Transportation

19 may request a department, agency, or instrumentality of the United States

20 Government to provide records the Secretary considers necessary to carry

21 out this chapter. The head of the department, agency, or instrumentality

22 shall provide the record on request, may detail personnel on a reimbursable

23 basis, and otherwise shall cooperate with the Secretary. This subsection does

24 not affect a law limiting the authority of a department, agency, or instru25 mentality to provide information to another department, agency, or instru26 mentality.

27 (j) COOPERATION OF SECRETARY.—The Secretary of Transportation may

28 advise, assist, and cooperate with departments, agencies, and instrumental29 ities of the Government, States, and other public and private agencies in

30 developing a method for inspecting and testing to determine compliance with

31 a motor vehicle safety standard.

32 (k) PROVIDING INFORMATION.—The Secretary of Transportation shall

33 provide the Attorney General and, when appropriate, the Secretary of the

34 Treasury, information obtained that indicates a violation of this chapter or

35 a regulation prescribed or order issued under this chapter.

36 § 30167. Disclosure of information by the Secretary of Trans37 portation

38 (a) CONFIDENTIALITY OF INFORMATION.—Information obtained under

39 this chapter related to a confidential matter referred to in section 1905 of

40 title 18 may be disclosed only in the following ways:

41 (1) to other officers and employees carrying out this chapter.
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1 (2) when relevant to a proceeding under this chapter.

2 (3) to the public if the confidentiality of the information is preserved.

3 (4) to the public when the Secretary of Transportation decides that

4 disclosure is necessary to carry out section 30101 of this title.

5 (b) DEFECT AND NONCOMPLIANCE INFORMATION.—Subject to subsection

6 (a) of this section, the Secretary shall disclose information obtained under

7 this chapter related to a defect or noncompliance that the Secretary decides

8 will assist in carrying out sections 30117(b) and 30118–30121 of this title

9 or that is required to be disclosed under section 30118(a) of this title. A

10 requirement to disclose information under this subsection is in addition to

11 the requirements of section 552 of title 5.

12 (c) INFORMATION ABOUT MANUFACTURER’S INCREASED COSTS.—A

13 manufacturer opposing an action of the Secretary under this chapter be14 cause of increased cost shall submit to the Secretary information about the

15 increased cost, including the manufacturer’s cost and the cost to retail pur16 chasers, that allows the public and the Secretary to evaluate the manufac17 turer’s statement. The Secretary shall evaluate the information promptly

18 and, subject to subsection (a) of this section, shall make the information

19 and evaluation available to the public. The Secretary shall publish a notice

20 in the Federal Register that the information is available.

21 (d) WITHHOLDING INFORMATION FROM CONGRESS.—This section does

22 not authorize information to be withheld from a committee of Congress au23 thorized to have the information.

24 § 30168. Research, testing, development, and training

25 (a) GENERAL AUTHORITY.—(1) The Secretary of Transportation shall

26 conduct research, testing, development, and training necessary to carry out

27 this chapter. The research, development, testing, and training shall in28 clude—

29 (A) collecting information to determine the relationship between

30 motor vehicle or motor vehicle equipment performance characteristics

31 and—

32 (i) accidents involving motor vehicles; and

33 (ii) the occurrence of death or personal injury resulting from

34 those accidents;

35 (B) obtaining experimental and other motor vehicles and motor vehi36 cle equipment for research or testing; and

37 (C) selling or otherwise disposing of test motor vehicles and motor

38 vehicle equipment and crediting the proceeds to current appropriations

39 available to carry out this chapter.

40 (2) The Secretary may carry out this subsection through grants to States,

41 interstate authorities, and nonprofit institutions.
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1 (b) USE OF PUBLIC AGENCIES.—In carrying out this chapter, the Sec2 retary shall use the services, research, and testing facilities of public agen3 cies to the maximum extent practicable to avoid duplication.

4 (c) FACILITIES.—The Secretary may plan, design, and build a new facil5 ity or modify an existing facility to conduct research, development, and test6 ing in traffic safety, highway safety, and motor vehicle safety. An expendi7 ture of more than $100,000 for planning, design, or construction may be

8 made only if the planning, design, or construction is approved by substan9 tially similar resolutions by the Committees on Energy and Commerce and

10 Public Works and Transportation of the House of Representatives and the

11 Committees on Commerce, Science, and Transportation and Environment

12 and Public Works of the Senate. To obtain that approval, the Secretary

13 shall submit to Congress a prospectus on the proposed facility. The prospec14 tus shall include—

15 (1) a brief description of the facility being planned, designed, or

16 built;

17 (2) the location of the facility;

18 (3) an estimate of the maximum cost of the facility;

19 (4) a statement identifying private and public agencies that will use

20 the facility and the contribution each agency will make to the cost of

21 the facility; and

22 (5) a justification of the need for the facility.

23 (d) INCREASING COSTS OF APPROVED FACILITIES.—The estimated maxi24 mum cost of a facility approved under subsection (c) of this section may

25 be increased by an amount equal to the percentage increase in construction

26 costs from the date the prospectus is submitted to Congress. However, the

27 increase in the cost of the facility may not be more than 10 percent of the

28 estimated maximum cost included in the prospectus. The Secretary shall de29 cide what increase in construction costs has occurred.

30 (e) AVAILABILITY OF INFORMATION, PATENTS, AND DEVELOPMENTS.—

31 When the United States Government makes more than a minimal contribu32 tion to a research or development activity under this chapter, the Secretary

33 shall include in the arrangement for the activity a provision to ensure that

34 all information, patents, and developments related to the activity are avail35 able to the public. However, the owner of a background patent may not be

36 deprived of a right under the patent.

37 § 30169. Annual reports

38 (a) GENERAL REPORT.—The Secretary of Transportation shall submit to

39 the President to submit to Congress on July 1 of each year a report on

40 the administration of this chapter for the prior calendar year. The report

41 shall include—
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1 (1) a thorough statistical compilation of accidents and injuries;

2 (2) motor vehicle safety standards in effect or prescribed under this

3 chapter;

4 (3) the degree of observance of the standards;

5 (4) a summary of current research grants and contracts and a de6 scription of the problems to be considered under those grants and con7 tracts;

8 (5) an analysis and evaluation of research activities completed and

9 technological progress achieved;

10 (6) enforcement actions;

11 (7) the extent to which technical information was given the scientific

12 community and consumer-oriented information was made available to

13 the public; and

14 (8) recommendations for legislation needed to promote cooperation

15 among the States in improving traffic safety and strengthening the na16 tional traffic safety program.

17 (b) REPORT ON IMPORTING MOTOR VEHICLES.—Not later than 18

18 months after regulations are first prescribed under section 2(e)(1)(B) of the

19 Imported Vehicle Safety Compliance Act of 1988, the Secretary shall submit

20 to Congress a report of the actions taken to carry out subchapter III of

21 this chapter and the effectiveness of those actions, including any testing by

22 the Secretary under section 30146(c)(2) of this title. After the first report,

23 the Secretary shall submit a report to Congress under this subsection not

24 later than July 31 of each year.

25 CHAPTER 303—NATIONAL DRIVER REGISTER

Sec.

30301. Definitions.

30302. National Driver Register.

30303. State participation.

30304. Reports by chief driver licensing officials.

30305. Access to Register information.

30306. National Driver Register Advisory Committee.

30307. Criminal penalties.

30308. Authorization of appropriations.

26 § 30301. Definitions

27 In this chapter—

28 (1) ‘‘alcohol’’ has the same meaning given that term in regulations

29 prescribed by the Secretary of Transportation.

30 (2) ‘‘chief driver licensing official’’ means the official in a State who

31 is authorized to—

32 (A) maintain a record about a motor vehicle operator’s license

33 issued by the State; and

34 (B) issue, deny, revoke, suspend, or cancel a motor vehicle oper35 ator’s license issued by the State.
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1 (3) ‘‘controlled substance’’ has the same meaning given that term in

2 section 102 of the Comprehensive Drug Abuse Prevention and Control

3 Act of 1970 (21 U.S.C. 802).

4 (4) ‘‘motor vehicle’’ means a vehicle, machine, tractor, trailer, or

5 semitrailer propelled or drawn by mechanical power and used on public

6 streets, roads, or highways, but does not include a vehicle operated only

7 on a rail line.

8 (5) ‘‘motor vehicle operator’s license’’ means a license issued by a

9 State authorizing an individual to operate a motor vehicle on public

10 streets, roads, or highways.

11 (6) ‘‘participating State’’ means a State that has notified the Sec12 retary under section 30303 of this title of its participation in the Na13 tional Driver Register.

14 (7) ‘‘State’’ means a State of the United States, the District of Co15 lumbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the

16 Northern Mariana Islands, the Trust Territory of the Pacific Islands,

17 and any other territory or possession of the United States.

18 (8) ‘‘State of record’’ means a State that has given the Secretary

19 a report under section 30304 of this title about an individual who is

20 the subject of a request for information made under section 30305 of

21 this title.

22 § 30302. National Driver Register

23 (a) ESTABLISHMENT AND CONTENTS.—The Secretary of Transportation

24 shall establish as soon as practicable and maintain a National Driver Reg25 ister to assist chief driver licensing officials of participating States in ex26 changing information about the motor vehicle driving records of individuals.

27 The Register shall contain an index of the information reported to the Sec28 retary under section 30304 of this title. The Register shall enable the Sec29 retary (electronically or, until all States can participate electronically, by

30 United States mail)—

31 (1) to receive information submitted under section 30304 of this title

32 by the chief driver licensing official of a State of record;

33 (2) to receive a request for information made by the chief driver li34 censing official of a participating State under section 30305 of this

35 title;

36 (3) to refer the request to the chief driver licensing official of a State

37 of record; and

38 (4) in response to the request, to relay information provided by a

39 chief driver licensing official of a State of record to the chief driver li40 censing official of a participating State, without interception of the in41 formation.
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1 (b) ACCURACY OF INFORMATION.—The Secretary is not responsible for

2 the accuracy of information relayed to the chief driver licensing official of

3 a participating State. However, the Secretary shall maintain the Register

4 in a way that ensures against inadvertent alteration of information during

5 a relay.

6 (c) TRANSITION FROM PRIOR REGISTER.—(1) The Secretary shall pro7 vide by regulation for the orderly transition from the register maintained

8 under the Act of July 14, 1960 (Public Law 86–660, 74 Stat. 526), as re9 stated by section 401 of the National Traffic and Motor Vehicle Safety Act

10 of 1966 (Public Law 89–563, 80 Stat. 730), to the Register maintained

11 under this chapter.

12 (2)(A) The Secretary shall delete from the Register a report or informa13 tion that was compiled under the Act of July 14, 1960 (Public Law 86–

14 660, 74 Stat. 526), as restated by section 401 of the National Traffic and

15 Motor Vehicle Safety Act of 1966 (Public Law 89–563, 80 Stat. 730), and

16 transferred to the Register, after the earlier of—

17 (i) the date the State of record removes it from the State’s file;

18 (ii) 7 years after the date the report or information is entered in the

19 Register; or

20 (iii) the date a fully electronic Register system is established.

21 (B) The report or information shall be disposed of under chapter 33 of

22 title 44.

23 (3) If the chief driver licensing official of a participating State finds that

24 information provided for inclusion in the Register is erroneous or is related

25 to a conviction of a traffic offense that subsequently is reversed, the official

26 immediately shall notify the Secretary. The Secretary shall provide for the

27 immediate deletion of the information from the Register.

28 (d) ASSIGNMENT OF PERSONNEL.—In carrying out this chapter, the Sec29 retary shall assign personnel necessary to ensure the effective operation of

30 the Register.

31 § 30303. State participation

32 (a) NOTIFICATION.—A State may become a participating State under this

33 chapter by notifying the Secretary of Transportation of its intention to be

34 bound by section 30304 of this title.

35 (b) WITHDRAWAL.—A participating State may end its status as a partici36 pating State by notifying the Secretary of its withdrawal from participation

37 in the National Driver Register.

38 (c) FORM AND WAY OF NOTIFICATION.—Notification by a State under

39 this section shall be made in the form and way the Secretary prescribes by

40 regulation.
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1 § 30304. Reports by chief driver licensing officials

2 (a) INDIVIDUALS COVERED.—As soon as practicable, the chief driver li3 censing official of each participating State shall submit to the Secretary of

4 Transportation a report containing the information specified by subsection

5 (b) of this section for each individual—

6 (1) who is denied a motor vehicle operator’s license by that State for

7 cause;

8 (2) whose motor vehicle operator’s license is revoked, suspended, or

9 canceled by that State for cause; or

10 (3) who is convicted under the laws of that State of any of the fol11 lowing motor vehicle-related offenses or comparable offenses:

12 (A) operating a motor vehicle when under the influence of, or

13 impaired by, alcohol or a controlled substance.

14 (B) a traffic violation arising in connection with a fatal traffic

15 accident, reckless driving, or racing on the highways.

16 (C) failing to give aid or provide identification when involved in

17 an accident resulting in death or personal injury.

18 (D) perjury or knowingly making a false affidavit or statement

19 to officials about activities governed by a law or regulation on the

20 operation of a motor vehicle.

21 (b) CONTENTS.—(1) Except as provided in paragraph (2) of this sub22 section, a report under subsection (a) of this section shall contain—

23 (A) the individual’s legal name, date of birth, sex, and, at the Sec24 retary’s discretion, height, weight, and eye and hair color;

25 (B) the name of the State providing the information; and

26 (C) the social security account number if used by the State for driver

27 record or motor vehicle license purposes, and the motor vehicle opera28 tor’s license number if different from the social security account num29 ber.

30 (2) A report under subsection (a) of this section about an event that oc31 curs during the 2-year period before the State becomes a participating State

32 is sufficient if the report contains all of the information that is available

33 to the chief driver licensing official when the State becomes a participating

34 State.

35 (c) TIME FOR FILING.—If a report under subsection (a) of this section

36 is about an event that occurs—

37 (1) during the 2-year period before the State becomes a participating

38 State, the report shall be submitted not later than 6 months after the

39 State becomes a participating State; or

40 (2) after the State becomes a participating State, the report shall

41 be submitted not later than 31 days after the motor vehicle department
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1 of the State receives any information specified in subsection (b)(1) of

2 this section that is the subject of the report.

3 (d) EVENTS OCCURRING BEFORE PARTICIPATION.—This section does not

4 require a State to report information about an event that occurs before the

5 2-year period before the State becomes a participating State.

6 § 30305. Access to Register information

7 (a) REFERRALS OF INFORMATION REQUESTS.—(1) To carry out duties

8 related to driver licensing, driver improvement, or transportation safety, the

9 chief driver licensing official of a participating State may request the Sec10 retary of Transportation to refer, electronically or by United States mail,

11 a request for information about the motor vehicle driving record of an indi12 vidual to the chief driver licensing official of a State of record.

13 (2) The Secretary of Transportation shall relay, electronically or by Unit14 ed States mail, information received from the chief driver licensing official

15 of a State of record in response to a request under paragraph (1) of this

16 subsection to the chief driver licensing official of the participating State re17 questing the information. However, the Secretary may refuse to relay infor18 mation to the chief driver licensing official of a participating State that does

19 not comply with section 30304 of this title.

20 (b) REQUESTS TO OBTAIN INFORMATION.—(1) The Chairman of the Na21 tional Transportation Safety Board and the Administrator of the Federal

22 Highway Administration may request the chief driver licensing official of a

23 State to obtain information under subsection (a) of this section about an

24 individual who is the subject of an accident investigation conducted by the

25 Board or the Administrator. The Chairman and the Administrator may re26 ceive the information.

27 (2) An individual who is employed, or is seeking employment, as a driver

28 of a motor vehicle may request the chief driver licensing official of the State

29 in which the individual is employed or seeks employment to provide informa30 tion under subsection (a) of this section to the individual’s employer or pro31 spective employer. An employer or prospective employer may receive the in32 formation and shall make the information available to the individual. Infor33 mation may not be obtained from the National Driver Register under this

34 paragraph if the information was entered in the Register more than 3 years

35 before the request.

36 (3) An individual who has received, or is applying for, an airman’s certifi37 cate may request the chief driver licensing official of a State to provide in38 formation under subsection (a) of this section about the individual to the

39 Administrator of the Federal Aviation Administration. The Administrator

40 may receive the information and shall make the information available to the

41 individual for review and written comment. The Administrator may use the
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1 information to verify information required to be reported to the Adminis2 trator by an airman applying for an airman medical certificate and to evalu3 ate whether the airman meets the minimum standards prescribed by the Ad4 ministrator to be issued an airman medical certificate. The Administrator

5 may not otherwise divulge or use the information. Information may not be

6 obtained from the Register under this paragraph if the information was en7 tered in the Register more than 3 years before the request, unless the infor8 mation is about a revocation or suspension still in effect on the date of the

9 request.

10 (4) An individual who is employed, or is seeking employment, by a rail

11 carrier as an operator of a locomotive may request the chief driver licensing

12 official of a State to provide information under subsection (a) of this section

13 to the individual’s employer or prospective employer or to the Secretary of

14 Transportation. Information may not be obtained from the Register under

15 this paragraph if the information was entered in the Register more than 3

16 years before the request, unless the information is about a revocation or

17 suspension still in effect on the date of the request.

18 (5) An individual who holds, or is applying for, a license or certificate

19 of registry under section 7101 of title 46, or a merchant mariner’s docu20 ment under section 7302 of title 46, may request the chief driver licensing

21 official of a State to provide information under subsection (a) of this section

22 about the individual to the Secretary of the department in which the Coast

23 Guard is operating. The Secretary may receive the information and shall

24 make the information available to the individual for review and written com25 ment before denying, suspending, or revoking the license, certificate, or doc26 ument of the individual based on the information and before using the infor27 mation in an action taken under chapter 77 of title 46. The Secretary may

28 not otherwise divulge or use the information, except for purposes of section

29 7101, 7302, or 7703 of title 46. Information may not be obtained from the

30 Register under this paragraph if the information was entered in the Reg31 ister more than 3 years before the request, unless the information is about

32 a revocation or suspension still in effect on the date of the request.

33 (6) An individual may request the chief driver licensing official of a State

34 to obtain information about the individual under subsection (a) of this sec35 tion—

36 (A) to learn whether information about the individual is being pro37 vided;

38 (B) to verify the accuracy of the information; or

39 (C) to obtain a certified copy of the information.

40 (7) A request under this subsection shall be made in the form and way

41 the Secretary of Transportation prescribes by regulation.
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1 (c) RELATIONSHIP TO OTHER LAWS.—A request for, or receipt of, infor2 mation from the Register is subject to sections 552 and 552a of title 5, and

3 other applicable laws of the United States or a State, except that—

4 (1) the Secretary of Transportation may not relay or otherwise pro5 vide information specified in section 30304(b)(1)(A) or (C) of this title

6 to a person not authorized by this section to receive the information;

7 (2) a request for, or receipt of, information by a chief driver licens8 ing official, or by a person authorized by subsection (b) of this section

9 to request and receive the information, is deemed to be a routine use

10 under section 552a(b) of title 5; and

11 (3) receipt of information by a person authorized by this section to

12 receive the information is deemed to be a disclosure under section

13 552a(c) of title 5, except that the Secretary of Transportation is not

14 required to retain the accounting made under section 552a(c)(1) for

15 more than 7 years after the disclosure.

16 (d) AVAILABILITY OF INFORMATION PROVIDED UNDER PRIOR LAW.—In17 formation provided by a State under the Act of July 14, 1960 (Public Law

18 86–660, 74 Stat. 526), as restated by section 401 of the National Traffic

19 and Motor Vehicle Safety Act of 1966 (Public Law 89–563, 80 Stat. 730),

20 and under this chapter, shall be available under this section during the tran21 sition from the register maintained under that Act to the Register main22 tained under this chapter.

23 § 30306. National Driver Register Advisory Committee

24 (a) ORGANIZATION.—There is a National Driver Register Advisory Com25 mittee.

26 (b) DUTIES.—The Committee shall advise the Secretary of Transpor27 tation on—

28 (1) the efficiency of the maintenance and operation of the National

29 Driver Register; and

30 (2) the effectiveness of the Register in assisting States in exchanging

31 information about motor vehicle driving records.

32 (c) COMPOSITION AND APPOINTMENT.—The Committee is composed of

33 15 members appointed by the Secretary as follows:

34 (1) 3 members appointed from among individuals who are specially

35 qualified to serve on the Committee because of their education, train36 ing, or experience, and who are not officers or employees of the United

37 States Government or a State.

38 (2) 3 members appointed from among groups outside the Govern39 ment that represent the interests of bus and trucking organizations,

40 enforcement officials, labor, or safety organizations.
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1 (3) 9 members, geographically representative of the participating

2 States, appointed from among individuals who are chief driver licensing

3 officials of participating States.

4 (d) TERMS.—(1) Except as provided in paragraph (2) of this subsection,

5 the term of each member is 3 years.

6 (2) A vacancy on the Committee shall be filled in the same way as an

7 original appointment. A member appointed to fill a vacancy serves for the

8 remainder of the term of that member’s predecessor. After a member’s term

9 ends, the member may continue to serve until the successor takes office.

10 (e) COMPENSATION AND EXPENSES.—Members of the Committee serve

11 without compensation. However, the Secretary may reimburse a member for

12 reasonable travel expenses incurred by the member in attending meetings

13 of the Committee.

14 (f) MEETINGS, CHAIRMAN, VICE CHAIRMAN, AND QUORUM.—(1) The

15 Committee shall meet at least once a year.

16 (2) The Committee shall elect a Chairman and a Vice Chairman from

17 among its members.

18 (3) Eight members are a quorum.

19 (4) The Committee shall meet at the call of the Chairman or a majority

20 of the members.

21 (g) PERSONNEL AND SERVICES.—The Secretary may provide the Com22 mittee with personnel, penalty mail privileges, and similar services the Sec23 retary considers necessary to assist the Committee in carrying out its duties

24 and powers under this section.

25 (h) REPORTS.—At least once a year, the Committee shall submit to the

26 Secretary a report on the matters specified in subsection (b) of this section.

27 The report shall include any recommendations of the Committee for changes

28 in the Register.

29 (i) RELATIONSHIP TO OTHER LAWS.—The Committee is exempt from

30 sections 10(e) and (f) and 14 of the Federal Advisory Committee Act (5

31 App. U.S.C.).

32 § 30307. Criminal penalties

33 (a) GENERAL PENALTY.—A person (except an individual described in sec34 tion 30305(b)(6) of this title) shall be fined under title 18, imprisoned for

35 not more than one year, or both, if—

36 (1) the person receives under section 30305 of this title information

37 specified in section 30304(b)(1)(A) or (C) of this title;

38 (2) disclosure of the information is not authorized by section 30305

39 of this title; and

40 (3) the person willfully discloses the information knowing that disclo41 sure is not authorized.
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1 (b) INFORMATION PENALTY.—A person knowingly and willfully request2 ing, or under false pretenses obtaining, information specified in section

3 30304(b)(1)(A) or (C) of this title from a person receiving the information

4 under section 30305 of this title shall be fined under title 18, imprisoned

5 for not more than one year, or both.

6 § 30308. Authorization of appropriations

7 (a) GENERAL.—The Secretary of Transportation shall make available

8 from amounts made available to carry out section 402 of title 23

9 $4,000,000 for each of the fiscal years ending September 30, 1993, and

10 September 30, 1994, to carry out this chapter.

11 (b) AVAILABILITY OF AMOUNTS.—Amounts appropriated under this sec12 tion remain available until expended.

13 CHAPTER 305—NATIONAL AUTOMOBILE TITLE

14 INFORMATION SYSTEM

Sec.

30501. Definitions.

30502. National Automobile Title Information System.

30503. State participation.

30504. Reporting requirements.

30505. Penalties and enforcement.

15 § 30501. Definitions

16 In this chapter—

17 (1) ‘‘automobile’’ has the same meaning given that term in section

18 32901(a) of this title.

19 (2) ‘‘certificate of title’’ means a document issued by a State showing

20 ownership of an automobile.

21 (3) ‘‘insurance carrier’’ means an individual or entity engaged in the

22 business of underwriting automobile insurance.

23 (4) ‘‘junk automobile’’ means an automobile that—

24 (A) is incapable of operating on public streets, roads, and high25 ways; and

26 (B) has no value except as a source of parts or scrap.

27 (5) ‘‘junk yard’’ means an individual or entity engaged in the busi28 ness of acquiring or owning junk automobiles for—

29 (A) resale in their entirety or as spare parts; or

30 (B) rebuilding, restoration, or crushing.

31 (6) ‘‘operator’’ means the individual or entity authorized or des32 ignated as the operator of the National Automobile Title Information

33 System under section 30502(b) of this title, or the Secretary of Trans34 portation, if there is no authorized or designated individual or entity.

35 (7) ‘‘salvage automobile’’ means an automobile that is damaged by

36 collision, fire, flood, accident, trespass, or other event, to the extent
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1 that its fair salvage value plus the cost of repairing the automobile for

2 legal operation on public streets, roads, and highways would be more

3 than the fair market value of the automobile immediately before the

4 event that caused the damage.

5 (8) ‘‘salvage yard’’ means an individual or entity engaged in the

6 business of acquiring or owning salvage automobiles for—

7 (A) resale in their entirety or as spare parts; or

8 (B) rebuilding, restoration, or crushing.

9 (9) ‘‘State’’ means a State of the United States or the District of

10 Columbia.

11 § 30502. National Automobile Title Information System

12 (a) ESTABLISHMENT OR DESIGNATION.—(1) In cooperation with the

13 States and not later than January 31, 1996, the Secretary of Transpor14 tation shall establish a National Automobile Title Information System that

15 will provide individuals and entities referred to in subsection (e) of this sec16 tion with instant and reliable access to information maintained by the

17 States related to automobile titling described in subsection (d) of this sec18 tion. However, if the Secretary decides that the existing information system

19 meets the requirements of subsections (d) and (e) of this section and will

20 permit the Secretary to carry out this chapter as early as possible, the Sec21 retary, in consultation with the Attorney General, may designate an existing

22 information system as the National Automobile Title Information System.

23 (2) In cooperation with the Attorney General and the States, the Sec24 retary shall ascertain the extent to which title and related information to

25 be included in the system established under paragraph (1) of this subsection

26 will be adequate, timely, reliable, uniform, and capable of assisting in efforts

27 to prevent the introduction or reintroduction of stolen vehicles and parts

28 into interstate commerce.

29 (b) OPERATION.—The Secretary may authorize the operation of the Sys30 tem established or designated under subsection (a)(1) of this section by

31 agreement with one or more States, or by designating, after consulting with

32 the States, a third party that represents the interests of the States.

33 (c) USER FEES.—Operation of the System established or designated

34 under subsection (a)(1) of this section shall be paid for by user fees and

35 should be self-sufficient and not be dependent on amounts from the United

36 States Government. The amount of fees the operator collects and keeps

37 under this subsection subject to annual appropriation laws, excluding fees

38 the operator collects and pays to an entity providing information to the op39 erator, may be not more than the costs of operating the System.
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1 (d) INFORMATION REQUIREMENTS.—The System established or des2 ignated under subsection (a)(1) of this section shall permit a user of the

3 System at least to establish instantly and reliably—

4 (1) the validity and status of a document purporting to be a certifi5 cate of title;

6 (2) whether an automobile bearing a known vehicle identification

7 number is titled in a particular State;

8 (3) whether an automobile known to be titled in a particular State

9 is or has been a junk automobile or a salvage automobile;

10 (4) for an automobile known to be titled in a particular State, the

11 odometer mileage disclosure required under section 32705 of this title

12 for that automobile on the date the certificate of title for that auto13 mobile was issued and any later mileage information, if noted by the

14 State; and

15 (5) whether an automobile bearing a known vehicle identification

16 number has been reported as a junk automobile or a salvage auto17 mobile under section 30504 of this title.

18 (e) AVAILABILITY OF INFORMATION.—(1) The operator shall make avail19 able—

20 (A) to a participating State on request of that State, information in

21 the System about any automobile;

22 (B) to a Government, State, or local law enforcement official on re23 quest of that official, information in the System about a particular

24 automobile, junk yard, or salvage yard;

25 (C) to a prospective purchaser of an automobile on request of that

26 purchaser, including an auction company or entity engaged in the busi27 ness of purchasing used automobiles, information in the System about

28 that automobile; and

29 (D) to a prospective or current insurer of an automobile on request

30 of that insurer, information in the System about that automobile.

31 (2) The operator may release only the information reasonably necessary

32 to satisfy the requirements of paragraph (1) of this subsection. The opera33 tor may not collect an individual’s social security account number or permit

34 users of the System to obtain an individual’s address or social security ac35 count number.

36 § 30503. State participation

37 (a) STATE INFORMATION.—Each State shall make titling information

38 maintained by that State available for use in operating the National Auto39 mobile Title Information System established or designated under section

40 30502 of this title.
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1 (b) VERIFICATION CHECKS.—Each State shall establish a practice of per2 forming an instant title verification check before issuing a certificate of title

3 to an individual or entity claiming to have purchased an automobile from

4 an individual or entity in another State. The check shall consist of—

5 (1) communicating to the operator—

6 (A) the vehicle identification number of the automobile for

7 which the certificate of title is sought;

8 (B) the name of the State that issued the most recent certificate

9 of title for the automobile; and

10 (C) the name of the individual or entity to whom the certificate

11 of title was issued; and

12 (2) giving the operator an opportunity to communicate to the partici13 pating State the results of a search of the information.

14 (c) GRANTS TO STATES.—(1) In cooperation with the States and not

15 later than January 1, 1994, the Secretary of Transportation shall—

16 (A) conduct a review of systems used by the States to compile and

17 maintain information about the titling of automobiles; and

18 (B) determine for each State the cost of making titling information

19 maintained by that State available to the operator to meet the require20 ments of section 30502(d) of this title.

21 (2) The Secretary may make grants to participating States to be used

22 in making titling information maintained by those States available to the

23 operator if—

24 (A) the grant to a State is not more than the lesser of—

25 (i) 25 percent of the cost of making titling information main26 tained by that State available to the operator as determined by the

27 Secretary under paragraph (1)(B) of this subsection; or

28 (ii) $300,000; and

29 (B) the Secretary decides that the grants are reasonable and nec30 essary to establish of the System.

31 (d) REPORT TO CONGRESS.—Not later than January 1, 1997, the Sec32 retary shall report to Congress on which States have met the requirements

33 of this section. If a State has not met the requirements, the Secretary shall

34 describe the impediments that have resulted in the State’s failure to meet

35 the requirements.

36 § 30504. Reporting requirements

37 (a) JUNK YARD AND SALVAGE YARD OPERATORS.—(1) Beginning at a

38 time established by the Secretary of Transportation that is not sooner than

39 the 3d month before the establishment or designation of the National Auto40 mobile Title Information System under section 30502 of this title, an indi41 vidual or entity engaged in the business of operating a junk yard or salvage
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1 yard shall file a monthly report with the operator of the System. The report

2 shall contain an inventory of all junk automobiles or salvage automobiles ob3 tained by the junk yard or salvage yard during the prior month. The inven4 tory shall contain—

5 (A) the vehicle identification number of each automobile obtained;

6 (B) the date on which the automobile was obtained;

7 (C) the name of the individual or entity from whom the automobile

8 was obtained; and

9 (D) a statement of whether the automobile was crushed or disposed

10 of for sale or other purposes.

11 (2) Paragraph (1) of this subsection does not apply to an individual or

12 entity—

13 (A) required by State law to report the acquisition of junk auto14 mobiles or salvage automobiles to State or local authorities if those au15 thorities make that information available to the operator; or

16 (B) issued a verification under section 33110 of this title stating

17 that the automobile or parts from the automobile are not reported as

18 stolen.

19 (b) INSURANCE CARRIERS.—Beginning at a time established by the Sec20 retary that is not sooner than the 3d month before the establishment or des21 ignation of the System, an individual or entity engaged in business as an

22 insurance carrier shall file a monthly report with the operator. The report

23 may be filed directly or through a designated agent. The report shall con24 tain an inventory of all automobiles of the current model year or any of the

25 4 prior model years that the carrier, during the prior month, has obtained

26 possession of and has decided are junk automobiles or salvage automobiles.

27 The inventory shall contain—

28 (1) the vehicle identification number of each automobile obtained;

29 (2) the date on which the automobile was obtained;

30 (3) the name of the individual or entity from whom the automobile

31 was obtained; and

32 (4) the name of the owner of the automobile at the time of the filing

33 of the report.

34 (c) The Secretary shall establish by regulation procedures and practices

35 to facilitate reporting in the least burdensome and costly fashion.

36 § 30505. Penalties and enforcement

37 (a) PENALTY.—An individual or entity violating this chapter is liable to

38 the United States Government for a civil penalty of not more than $1,000

39 for each violation.

40 (b) COLLECTION AND COMPROMISE.—(1) The Secretary of Transpor41 tation shall impose a civil penalty under this section. The Attorney General
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1 shall bring a civil action to collect the penalty. The Secretary may com2 promise the amount of the penalty. In determining the amount of the pen3 alty or compromise, the Secretary shall consider the appropriateness of the

4 penalty to the size of the business of the individual or entity charged and

5 the gravity of the violation.

6 (2) The Government may deduct the amount of a civil penalty imposed

7 or compromised under this section from amounts it owes the individual or

8 entity liable for the penalty.

9 PART B—COMMERCIAL

10 CHAPTER 311—COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER I—STATE GRANTS

Sec.

31101. Definitions.

31102. Grants to States.

31103. United States Government’s share of costs.

31104. Availability of amounts.

31105. Employee protections.

31106. Commercial motor vehicle information system program.

31107. Truck and bus accident grant program.

31108. Authorization of appropriations.

SUBCHAPTER II—LENGTH AND WIDTH LIMITATIONS

31111. Length limitations.

31112. Property-carrying unit limitation.

31113. Width limitations.

31114. Access to the Interstate System.

31115. Enforcement.

SUBCHAPTER III—SAFETY REGULATION

31131. Purposes and findings.

31132. Definitions.

31133. General powers of the Secretary of Transportation.

31134. Commercial Motor Vehicle Safety Regulatory Review Panel.

31135. Duties of employers and employees.

31136. United States Government regulations.

31137. Monitoring device and brake maintenance regulations.

31138. Minimum financial responsibility for transporting passengers.

31139. Minimum financial responsibility for transporting property.

31140. Submission of State laws and regulations for review.

31141. Review and preemption of State laws and regulations.

31142. Inspection of vehicles.

31143. Investigating complaints and protecting complainants.

31144. Safety fitness of owners and operators.

31145. Coordination of Governmental activities and paperwork.

31146. Relationship to other laws.

31147. Limitations on authority.

SUBCHAPTER IV—MISCELLANEOUS

31161. Procedures to ensure timely correction of safety violations.

31162. Compliance review priority.

11 SUBCHAPTER I—STATE GRANTS

12 § 31101. Definitions

13 In this subchapter—

14 (1) ‘‘commercial motor vehicle’’ means (except in section 31106) a

15 self-propelled or towed vehicle used on the highways in commerce prin16 cipally to transport passengers or cargo, if the vehicle—
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1 (A) has a gross vehicle weight rating of at least 10,000 pounds;

2 (B) is designed to transport more than 10 passengers including

3 the driver; or

4 (C) is used in transporting material found by the Secretary of

5 Transportation to be hazardous under section 5103 of this title.

6 (2) ‘‘employee’’ means a driver of a commercial motor vehicle (in7 cluding an independent contractor when personally operating a com8 mercial motor vehicle), a mechanic, a freight handler, or an individual

9 not an employer, who—

10 (A) directly affects commercial motor vehicle safety in the

11 course of employment by a commercial motor carrier; and

12 (B) is not an employee of the United States Government, a

13 State, or a political subdivision of a State acting in the course of

14 employment.

15 (3) ‘‘employer’’—

16 (A) means a person engaged in a business affecting commerce

17 that owns or leases a commercial motor vehicle in connection with

18 that business, or assigns an employee to operate the vehicle in

19 commerce; but

20 (B) does not include the Government, a State, or a political sub21 division of a State.

22 (4) ‘‘State’’ means a State of the United States, the District of Co23 lumbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and

24 the Northern Mariana Islands.

25 § 31102. Grants to States

26 (a) GENERAL AUTHORITY.—Subject to this section and the availability of

27 amounts, the Secretary of Transportation may make grants to States for

28 the development or implementation of programs for the enforcement of reg29 ulations, standards, and orders of the United States Government on com30 mercial motor vehicle safety and compatible State regulations, standards,

31 and orders.

32 (b) STATE PLAN PROCEDURES AND CONTENTS.—(1) The Secretary shall

33 prescribe procedures for a State to submit a plan under which the State

34 agrees to adopt and assume responsibility for enforcing regulations, stand35 ards, and orders of the Government on commercial motor vehicle safety or

36 compatible State regulations, standards, and orders. The Secretary shall ap37 prove the plan if the Secretary decides the plan is adequate to promote the

38 objectives of this section and the plan—

39 (A) designates the State motor vehicle safety agency responsible for

40 administering the plan throughout the State;
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1 (B) contains satisfactory assurances the agency has or will have the

2 legal authority, resources, and qualified personnel necessary to enforce

3 the regulations, standards, and orders;

4 (C) contains satisfactory assurances the State will devote adequate

5 amounts to the administration of the plan and enforcement of the regu6 lations, standards, and orders;

7 (D) provides that the total expenditure of amounts of the State and

8 its political subdivisions (not including amounts of the Government) for

9 commercial motor vehicle safety programs for enforcement of commer10 cial motor vehicle size and weight limitations, drug interdiction, and

11 State traffic safety laws and regulations under subsection (c) of this

12 section will be maintained at a level at least equal to the average level

13 of that expenditure for its last 3 full fiscal years before December 18,

14 1991;

15 (E) provides a right of entry and inspection to carry out the plan;

16 (F) provides that all reports required under this section be submitted

17 to the agency and that the agency will make the reports available to

18 the Secretary on request;

19 (G) provides that the agency will adopt the reporting requirements

20 and use the forms for recordkeeping, inspections, and investigations the

21 Secretary prescribes;

22 (H) requires registrants of commercial motor vehicles to make a dec23 laration of knowledge of applicable safety regulations, standards, and

24 orders of the Government and the State;

25 (I) provides that the State will grant maximum reciprocity for in26 spections conducted under the North American Inspection Standard

27 through the use of a nationally accepted system that allows ready iden28 tification of previously inspected commercial motor vehicles;

29 (J) ensures that activities described in subsection (c) of this section,

30 if financed with grants under subsection (a) of this section, will not di31 minish the effectiveness of the development and implementation of com32 mercial motor vehicle safety programs described in subsection (a);

33 (K) ensures that fines imposed and collected by the State for viola34 tions of commercial motor vehicle safety regulations will be reasonable

35 and appropriate and that, to the maximum extent practicable, the State

36 will attempt to implement the recommended fine schedule published by

37 the Commercial Vehicle Safety Alliance;

38 (L) ensures that the State agency will coordinate the plan prepared

39 under this section with the State highway safety plan under section

40 402 of title 23;
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1 (M) ensures participation by the 48 contiguous States in

2 SAFETYNET not later than January 1, 1994;

3 (N) provides satisfactory assurances that the State will undertake ef4 forts that will emphasize and improve enforcement of State and local

5 traffic safety laws and regulations related to commercial motor vehicle

6 safety;

7 (O) provides satisfactory assurances that the State will promote ac8 tivities—

9 (i) to remove impaired commercial motor vehicle drivers from

10 the highways of the United States through adequate enforcement

11 of regulations on the use of alcohol and controlled substances and

12 by ensuring ready roadside access to alcohol detection and measur13 ing equipment;

14 (ii) to provide an appropriate level of training to State motor

15 carrier safety assistance program officers and employees on rec16 ognizing drivers impaired by alcohol or controlled substances;

17 (iii) to promote enforcement of the requirements related to the

18 licensing of commercial motor vehicle drivers, including checking

19 the status of commercial drivers’ licenses; and

20 (iv) to improve enforcement of hazardous material transpor21 tation regulations by encouraging more inspections of shipper fa22 cilities affecting highway transportation and more comprehensive

23 inspection of the loads of commercial motor vehicles transporting

24 hazardous material; and

25 (P) provides satisfactory assurances that the State will promote ef26 fective—

27 (i) interdiction activities affecting the transportation of con28 trolled substances by commercial motor vehicle drivers and train29 ing on appropriate strategies for carrying out those interdiction

30 activities; and

31 (ii) use of trained and qualified officers and employees of politi32 cal subdivisions and local governments, under the supervision and

33 direction of the State motor vehicle safety agency, in the enforce34 ment of regulations affecting commercial motor vehicle safety and

35 hazardous material transportation safety.

36 (2) If the Secretary disapproves a plan under this subsection, the Sec37 retary shall give the State a written explanation and allow the State to mod38 ify and resubmit the plan for approval.

39 (3) In estimating the average level of State expenditure under paragraph

40 (1)(D) of this subsection, the Secretary—
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1 (A) may allow the State to exclude State expenditures for Govern2 ment-sponsored demonstration or pilot programs; and

3 (B) shall require the State to exclude Government amounts and

4 State matching amounts used to receive Government financing under

5 subsection (a) of this section.

6 (c) USE OF GRANTS TO ENFORCE OTHER LAWS.—A State may use

7 amounts received under a grant under subsection (a) of this section for the

8 following activities if the activities are carried out in conjunction with an

9 appropriate inspection of the commercial motor vehicle to enforce Govern10 ment or State commercial motor vehicle safety regulations:

11 (1) enforcement of commercial motor vehicle size and weight limita12 tions at locations other than fixed weight facilities, at specific locations

13 such as steep grades or mountainous terrains where the weight of a

14 commercial motor vehicle can significantly affect the safe operation of

15 the vehicle, or at ports where intermodal shipping containers enter and

16 leave the United States.

17 (2) detection of the unlawful presence of a controlled substance (as

18 defined under section 102 of the Comprehensive Drug Abuse Preven19 tion and Control Act of 1970 (21 U.S.C. 802)) in a commercial motor

20 vehicle or on the person of any occupant (including the operator) of

21 the vehicle.

22 (3) enforcement of State traffic laws and regulations designed to

23 promote the safe operation of commercial motor vehicles.

24 (d) CONTINUOUS EVALUATION OF PLANS.—On the basis of reports sub25 mitted by a State motor vehicle safety agency of a State with a plan ap26 proved under this section and the Secretary’s own investigations, the Sec27 retary shall make a continuing evaluation of the way the State is carrying

28 out the plan. If the Secretary finds, after notice and opportunity for com29 ment, the State plan previously approved is not being followed or has be30 come inadequate to ensure enforcement of the regulations, standards, or or31 ders, the Secretary shall withdraw approval of the plan and notify the State.

32 The plan stops being effective when the notice is received. A State adversely

33 affected by the withdrawal may seek judicial review under chapter 7 of title

34 5. Notwithstanding the withdrawal, the State may retain jurisdiction in ad35 ministrative or judicial proceedings begun before the withdrawal if the is36 sues involved are not related directly to the reasons for the withdrawal.

37 § 31103. United States Government’s share of costs

38 The Secretary of Transportation shall reimburse a State, from a grant

39 made under this subchapter, an amount that is not more than 80 percent

40 of the costs incurred by the State in a fiscal year in developing and imple41 menting programs to enforce commercial motor vehicle regulations, stand-
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1 ards, or orders adopted under this subchapter or subchapter II of this chap2 ter. In determining those costs, the Secretary shall include in-kind contribu3 tions by the State. Amounts of the State and its political subdivisions re4 quired to be expended under section 31102(b)(1)(D) of this title may not

5 be included as part of the share not provided by the United States Govern6 ment. The Secretary may allocate among the States whose applications for

7 grants have been approved those amounts appropriated for grants to sup8 port those programs, under criteria that may be established.

9 § 31104. Availability of amounts

10 (a) GENERAL.—Subject to section 9503(c)(1) of the Internal Revenue

11 Code of 1986 (26 U.S.C. 9503(c)(1)), the following amounts are available

12 from the Highway Trust Fund (except the Mass Transit Account) for the

13 Secretary of Transportation to incur obligations to carry out section 31102

14 of this title:

15 (1) not more than $76,000,000 for the fiscal year ending September

16 30, 1993.

17 (2) not more than $80,000,000 for the fiscal year ending September

18 30, 1994.

19 (3) not more than $83,000,000 for the fiscal year ending September

20 30, 1995.

21 (4) not more than $85,000,000 for the fiscal year ending September

22 30, 1996.

23 (5) not more than $90,000,000 for the fiscal year ending September

24 30, 1997.

25 (b) AVAILABILITY AND REALLOCATION OF AMOUNTS.—(1) Amounts

26 made available under subsection (a) of this section remain available until

27 expended. Allocations to a State remain available for expenditure in the

28 State for the fiscal year in which they are allocated and for the next fiscal

29 year. Amounts not expended by a State during those 2 fiscal years are re30 leased to the Secretary for reallocation.

31 (2) Amounts made available under section 404(a)(2) of the Surface

32 Transportation Assistance Act of 1982 before October 1, 1991, that are not

33 obligated on October 1, 1992, are available for reallocation and obligation

34 under paragraph (1) of this subsection.

35 (c) REIMBURSEMENT FOR GOVERNMENT’S SHARE OF COSTS.—Amounts

36 made available under subsection (a) of this section shall be used to reim37 burse States proportionately for the United States Government’s share of

38 costs incurred.

39 (d) GRANTS AS CONTRACTUAL OBLIGATIONS.—Approval by the Secretary

40 of a grant to a State under section 31102 of this title is a contractual obli41 gation of the Government for payment of the Government’s share of costs
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1 incurred by the State in developing, implementing, or developing and imple2 menting programs to enforce commercial motor vehicle regulations, stand3 ards, and orders.

4 (e) DEDUCTION FOR ADMINISTRATIVE EXPENSES.—On October 1 of each

5 fiscal year or as soon after that date as practicable, the Secretary may de6 duct, from amounts made available under subsection (a) of this section for

7 that fiscal year, not more than 1.25 percent of those amounts for adminis8 trative expenses incurred in carrying out section 31102 of this title in that

9 fiscal year. The Secretary shall use at least 75 percent of those deducted

10 amounts to train non-Government employees and to develop related training

11 materials in carrying out section 31102.

12 (f) ALLOCATION CRITERIA.—On October 1 of each fiscal year or as soon

13 after that date as practicable, the Secretary, after making the deduction de14 scribed in subsection (e) of this section, shall allocate under criteria the Sec15 retary establishes the amounts available for that fiscal year among the

16 States with plans approved under section 31102 of this title. However, the

17 Secretary may designate specific eligible States among which to allocate

18 those amounts in allocating amounts available—

19 (1) for research, development, and demonstration under subsection

20 (g)(1)(F) of this section; and

21 (2) for public education under subsection (g)(1)(G) of this section.

22 (g) SPECIFIC ALLOCATIONS.—(1) Of amounts made available under sub23 section (a) of this section—

24 (A) for each fiscal year beginning after September 30, 1992, the

25 Secretary shall obligate at least $1,500,000 to make grants to States

26 for training inspectors to enforce regulations prescribed by the Sec27 retary related to the transportation of hazardous material by commer28 cial motor vehicles;

29 (B) for each of the fiscal years ending September 30, 1993–1997,

30 the Secretary may obligate not more than $2,000,000 to carry out sec31 tion 31106 of this title;

32 (C) for each of the fiscal years ending September 30, 1993–1997,

33 the Secretary may obligate not more than $2,000,000 to carry out sec34 tion 31107 of this title;

35 (D) for each of the fiscal years ending September 30, 1993–1995,

36 the Secretary shall obligate at least $4,250,000, and for each of the

37 fiscal years ending September 30, 1996, and 1997, the Secretary shall

38 obligate at least $5,000,000, for traffic enforcement activities related

39 to commercial motor vehicle drivers that are carried out in conjunction

40 with an appropriate inspection of a commercial motor vehicle for com-
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1 pliance with Government or State commercial motor vehicle safety reg2 ulations;

3 (E) for each of the fiscal years ending September 30, 1993–1995,

4 the Secretary shall obligate at least $1,000,000 to increase enforcement

5 of the licensing requirements of chapter 313 of this title by motor car6 rier safety assistance program officers and employees, including the

7 cost of purchasing equipment for, and conducting, inspections to check

8 the current status of licenses issued under chapter 313;

9 (F) for each fiscal year, the Secretary shall obligate at least

10 $500,000 for research, development, and demonstration of technologies,

11 methodologies, analyses, or information systems designed to carry out

12 section 31102 of this title and that are beneficial to all jurisdictions;

13 and

14 (G) for each fiscal year, the Secretary shall obligate at least

15 $350,000 to educate the motoring public on how to share the road

16 safely with commercial motor vehicles.

17 (2) The Secretary shall announce publicly amounts obligated under para18 graph (1)(F) of this subsection and award those amounts competitively,

19 when practicable, to any eligible State for up to 100 percent of the State

20 costs or to other persons as the Secretary decides.

21 (3) In carrying out educational activities referred to in paragraph (1)(G)

22 of this subsection, the Secretary shall consult with appropriate industry rep23 resentatives.

24 (h) PAYMENT TO STATES FOR COSTS.—Each State shall submit vouchers

25 for costs the State incurs under this section and section 31102 of this title.

26 The Secretary shall pay the State an amount not more than the Govern27 ment share of costs incurred as of the date of the vouchers.

28 (i) IMPROVED ALLOCATION FORMULA.—The Secretary shall prescribe

29 regulations to develop an improved formula and process for allocating

30 amounts made available for grants under section 31102(a) of this title

31 among States eligible for those amounts. In prescribing those regulations,

32 the Secretary shall—

33 (1) consider ways to provide incentives to States that demonstrate

34 innovative, successful, cost-efficient, or cost-effective programs to pro35 mote commercial motor vehicle safety and hazardous material transpor36 tation safety;

37 (2) place special emphasis on incentives to States that conduct traf38 fic safety enforcement activities that are coupled with motor carrier

39 safety inspections; and

40 (3) consider ways to provide incentives to States that increase com41 patibility of State commercial motor vehicle safety and hazardous mate-
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1 rial transportation regulations with Government safety regulations and

2 promote other factors intended to promote effectiveness and efficiency

3 the Secretary decides are appropriate.

4 (j) INTRASTATE COMPATIBILITY.—The Secretary shall prescribe regula5 tions specifying tolerance guidelines and standards for ensuring compatibil6 ity of intrastate commercial motor vehicle safety laws and regulations with

7 Government motor carrier safety regulations to be enforced under section

8 31102(a) of this title. To the extent practicable, the guidelines and stand9 ards shall allow for maximum flexibility while ensuring the degree of uni10 formity that will not diminish transportation safety. In reviewing State

11 plans and allocating amounts or making grants under section 153 of title

12 23, the Secretary shall ensure that the guidelines and standards are applied

13 uniformly.

14 § 31105. Employee protections

15 (a) PROHIBITIONS.—(1) A person may not discharge an employee, or dis16 cipline or discriminate against an employee regarding pay, terms, or privi17 leges of employment, because—

18 (A) the employee, or another person at the employee’s request, has

19 filed a complaint or begun a proceeding related to a violation of a com20 mercial motor vehicle safety regulation, standard, or order, or has testi21 fied or will testify in such a proceeding; or

22 (B) the employee refuses to operate a vehicle because—

23 (i) the operation violates a regulation, standard, or order of the

24 United States related to commercial motor vehicle safety or health;

25 or

26 (ii) the employee has a reasonable apprehension of serious in27 jury to the employee or the public because of the vehicle’s unsafe

28 condition.

29 (2) Under paragraph (1)(B)(ii) of this subsection, an employee’s appre30 hension of serious injury is reasonable only if a reasonable individual in the

31 circumstances then confronting the employee would conclude that the unsafe

32 condition establishes a real danger of accident, injury, or serious impairment

33 to health. To qualify for protection, the employee must have sought from

34 the employer, and been unable to obtain, correction of the unsafe condition.

35 (b) FILING COMPLAINTS AND PROCEDURES.—(1) An employee alleging

36 discharge, discipline, or discrimination in violation of subsection (a) of this

37 section, or another person at the employee’s request, may file a complaint

38 with the Secretary of Labor not later than 180 days after the alleged viola39 tion occurred. On receiving the complaint, the Secretary shall notify the per40 son alleged to have committed the violation of the filing of the complaint.
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1 (2)(A) Not later than 60 days after receiving a complaint, the Secretary

2 shall conduct an investigation, decide whether it is reasonable to believe the

3 complaint has merit, and notify the complainant and the person alleged to

4 have committed the violation of the findings. If the Secretary decides it is

5 reasonable to believe a violation occurred, the Secretary shall include with

6 the decision findings and a preliminary order for the relief provided under

7 paragraph (3) of this subsection.

8 (B) Not later than 30 days after the notice under subparagraph (A) of

9 this paragraph, the complainant and the person alleged to have committed

10 the violation may file objections to the findings or preliminary order, or

11 both, and request a hearing on the record. The filing of objections does not

12 stay a reinstatement ordered in the preliminary order. If a hearing is not

13 requested within the 30 days, the preliminary order is final and not subject

14 to judicial review.

15 (C) A hearing shall be conducted expeditiously. Not later than 120 days

16 after the end of the hearing, the Secretary shall issue a final order. Before

17 the final order is issued, the proceeding may be ended by a settlement

18 agreement made by the Secretary, the complainant, and the person alleged

19 to have committed the violation.

20 (3)(A) If the Secretary decides, on the basis of a complaint, a person vio21 lated subsection (a) of this section, the Secretary shall order the person to—

22 (i) take affirmative action to abate the violation;

23 (ii) reinstate the complainant to the former position with the same

24 pay and terms and privileges of employment; and

25 (iii) pay compensatory damages, including back pay.

26 (B) If the Secretary issues an order under subparagraph (A) of this para27 graph and the complainant requests, the Secretary may assess against the

28 person against whom the order is issued the costs (including attorney’s fees)

29 reasonably incurred by the complainant in bringing the complaint. The Sec30 retary shall determine the costs that reasonably were incurred.

31 (c) JUDICIAL REVIEW AND VENUE.—A person adversely affected by an

32 order issued after a hearing under subsection (b) of this section may file

33 a petition for review, not later than 60 days after the order is issued, in

34 the court of appeals of the United States for the circuit in which the viola35 tion occurred or the person resided on the date of the violation. The review

36 shall be heard and decided expeditiously. An order of the Secretary subject

37 to review under this subsection is not subject to judicial review in a criminal

38 or other civil proceeding.

39 (d) CIVIL ACTIONS TO ENFORCE.—If a person fails to comply with an

40 order issued under subsection (b) of this section, the Secretary shall bring
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1 a civil action to enforce the order in the district court of the United States

2 for the judicial district in which the violation occurred.

3 § 31106. Commercial motor vehicle information system pro4 gram

5 (a) DEFINITION.—In this section, ‘‘commercial motor vehicle’’ means a

6 self-propelled or towed vehicle used on highways in intrastate or interstate

7 commerce to transport passengers or property, if the vehicle—

8 (1) has a gross vehicle weight rating of at least 10,001 pounds;

9 (2) is designed to transport more than 15 passengers, including the

10 driver; or

11 (3) is used in transporting material found by the Secretary of Trans12 portation to be hazardous under section 5103 of this title and that ma13 terial is transported in a quantity requiring placarding under regula14 tions the Secretary prescribes under section 5103.

15 (b) INFORMATION SYSTEM.—(1) In cooperation with the States, the Sec16 retary may establish as part of the motor carrier safety information network

17 system of the Department of Transportation and similar State systems, an

18 information system to serve as a clearinghouse and depository of informa19 tion related to State registration and licensing of commercial motor vehicles

20 and the safety fitness of the commercial motor vehicle registrants. The Sec21 retary shall include in the system information on the safety fitness of each

22 of the registrants and other information the Secretary considers appro23 priate, including information on vehicle inspections and out-of-service or24 ders.

25 (2) The operation of the information system established under paragraph

26 (1) of this subsection shall be paid for by a schedule of user fees. The Sec27 retary may authorize the operation of the information system by contract,

28 through an agreement with one or more States, or by designating, after con29 sulting with the States, a third party that represents the interests of the

30 States.

31 (3) The Secretary shall prescribe standards to ensure—

32 (A) uniform information collection and reporting by the States nec33 essary to carry out this section; and

34 (B) the availability and reliability of the information to the States

35 and the Secretary from the information system.

36 (c) DEMONSTRATION PROJECT.—The Secretary shall make grants to

37 States to carry out a project to demonstrate ways of establishing an infor38 mation system that will link the motor carrier safety information network

39 system of the Department and similar State systems with the motor vehicle

40 registration and licensing systems of the States. The project shall be de41 signed—
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1 (1) to allow a State when issuing license plates for a commercial

2 motor vehicle to establish through use of the information system the

3 safety fitness of the person seeking to register the vehicle; and

4 (2) to decide on types of sanctions that may be imposed on the reg5 istrant, or the types of conditions or limitations that may be imposed

6 on the operations of the registrant, to ensure the safety fitness of the

7 registrant.

8 (d) REVIEW OF STATE SYSTEMS.—Not later than December 18, 1992,

9 the Secretary, in cooperation with the States, shall review State motor vehi10 cle registration systems related to license tags for commercial motor vehicles

11 to decide whether those systems can be used in carrying out this section.

12 (e) REGULATIONS.—The Secretary shall prescribe regulations to carry

13 out this section.

14 (f) REPORT TO CONGRESS.—Not later than January 1, 1995, the Sec15 retary shall submit a report to Congress on the cost, benefits, and feasibility

16 of the information system established under subsection (b) of this section.

17 If the Secretary decides that the system would be beneficial on a nationwide

18 basis, the Secretary shall include in the report recommendations on legisla19 tion to implement a nationwide system.

20 (g) AUTHORIZATION OF APPROPRIATIONS.—Amounts necessary to carry

21 out this section may be made available to the Secretary under section

22 31104(g)(1)(B) of this title.

23 § 31107. Truck and bus accident grant program

24 (a) STATE GRANTS.—The Secretary of Transportation shall make grants

25 to States that agree to adopt or have adopted the recommendations of the

26 National Governors’ Association related to police accident reports for truck

27 and bus accidents. The Secretary may make a grant under this section only

28 to assist a State in carrying out those recommendations, including—

29 (1) assisting the State in designing appropriate forms;

30 (2) drafting instruction manuals;

31 (3) training appropriate State and local officers on matters, includ32 ing training on accident investigation techniques to decide on the prob33 able cause of truck and bus accidents;

34 (4) analyzing and evaluating safety information to develop rec35 ommended changes to existing safety programs necessary to address

36 more effectively the causes of truck and bus accidents; and

37 (5) other activities the Secretary decides are appropriate to carry out

38 this section.

39 (b) COORDINATION WITH OTHER PROGRAMS.—The Secretary shall co40 ordinate grants made under this section with highway safety programs

41 under section 402 of title 23. The Secretary may require that the informa-
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1 tion from police reports for truck and bus accidents be included in reports

2 made to the Secretary under the uniform information collection and report3 ing program under section 402.

4 (c) AUTHORIZATION OF APPROPRIATIONS.—Amounts necessary to carry

5 out this section may be made available to the Secretary under section

6 31104(g)(1)(C) of this title.

7 § 31108. Authorization of appropriations

8 Not more than $––––––––– may be appropriated to the Secretary of

9 Transportation for the fiscal year ending September 30, 19––, to carry out

10 the safety duties and powers of the Federal Highway Administration.

11 SUBCHAPTER II—LENGTH AND WIDTH LIMITATIONS

12 § 31111. Length limitations

13 (a) DEFINITIONS.—In this section—

14 (1) ‘‘maxi-cube vehicle’’ means a truck tractor combined with a

15 semitrailer and a separable property-carrying unit designed to be load16 ed and unloaded through the semitrailer, with the length of the sepa17 rable property-carrying unit being not more than 34 feet and the

18 length of the vehicle combination being not more than 65 feet.

19 (2) ‘‘truck tractor’’ means—

20 (A) a non-property-carrying power unit that operates in com21 bination with a semitrailer or trailer; or

22 (B) a power unit that carries as property only motor vehicles

23 when operating in combination with a semitrailer in transporting

24 motor vehicles.

25 (b) GENERAL LIMITATIONS.—(1) Except as provided in this section, a

26 State may not prescribe or enforce a regulation of commerce that—

27 (A) imposes a vehicle length limitation of less than 45 feet on a bus,

28 of less than 48 feet on a semitrailer operating in a truck tractor29 semitrailer combination, or of less than 28 feet on a semitrailer or

30 trailer operating in a truck tractor-semitrailer-trailer combination, on

31 any segment of the Dwight D. Eisenhower System of Interstate and

32 Defense Highways (except a segment exempted under subsection (f) of

33 this section) and those classes of qualifying Federal-aid Primary Sys34 tem highways designated by the Secretary of Transportation under

35 subsection (e) of this section;

36 (B) imposes an overall length limitation on a commercial motor vehi37 cle operating in a truck tractor-semitrailer or truck tractor-semitrailer38 trailer combination;

39 (C) has the effect of prohibiting the use of a semitrailer or trailer

40 of the same dimensions as those that were in actual and lawful use in

41 that State on December 1, 1982; or
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1 (D) has the effect of prohibiting the use of an existing semitrailer

2 or trailer, of not more than 28.5 feet in length, in a truck tractor3 semitrailer-trailer combination if the semitrailer or trailer was operat4 ing lawfully on December 1, 1982, within a 65-foot overall length limit

5 in any State.

6 (2) A length limitation prescribed or enforced by a State under paragraph

7 (1)(A) of this subsection applies only to a semitrailer or trailer and not to

8 a truck tractor.

9 (c) MAXI-CUBE AND VEHICLE COMBINATION LIMITATIONS.—A State

10 may not prohibit a maxi-cube vehicle or a commercial motor vehicle com11 bination consisting of a truck tractor and 2 trailing units on any segment

12 of the Dwight D. Eisenhower System of Interstate and Defense Highways

13 (except a segment exempted under subsection (f) of this section) and those

14 classes of qualifying Federal-aid Primary System highways designated by

15 the Secretary under subsection (e) of this section.

16 (d) EXCLUSION OF SAFETY AND ENERGY CONSERVATION DEVICES.—

17 Length calculated under this section does not include a safety or energy

18 conservation device the Secretary decides is necessary for safe and efficient

19 operation of a commercial motor vehicle. However, such a device may not

20 have by its design or use the ability to carry cargo.

21 (e) QUALIFYING HIGHWAYS.—The Secretary by regulation shall designate

22 as qualifying Federal-aid Primary System highways those highways of the

23 Federal-aid Primary System in existence on June 1, 1991, that can accom24 modate safely the applicable vehicle lengths provided in this section.

25 (f) EXEMPTIONS.—(1) If the chief executive officer of a State, after con26 sulting under paragraph (2) of this subsection, decides a segment of the

27 Dwight D. Eisenhower System of Interstate and Defense Highways is not

28 capable of safely accommodating a commercial motor vehicle having a length

29 described in subsection (b)(1)(A) of this section or the motor vehicle com30 bination described in subsection (c) of this section, the chief executive officer

31 may notify the Secretary of that decision and request the Secretary to ex32 empt that segment from either or both provisions.

33 (2) Before making a decision under paragraph (1) of this subsection, the

34 chief executive officer shall consult with units of local government in the

35 State in which the segment of the Dwight D. Eisenhower System of Inter36 state and Defense Highways is located and with the chief executive officer

37 of any adjacent State that may be directly affected by the exemption. As

38 part of the consultations, consideration shall be given to any potential alter39 native route that serves the area in which the segment is located and can

40 safely accommodate a commercial motor vehicle having a length described
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1 in subsection (b)(1)(A) of this section or the motor vehicle combination de2 scribed in subsection (c) of this section.

3 (3) A chief executive officer’s notification under this subsection must in4 clude specific evidence of safety problems supporting the officer’s decision

5 and the results of consultations about alternative routes.

6 (4)(A) If the Secretary decides, on request of a chief executive officer or

7 on the Secretary’s own initiative, a segment of the Dwight D. Eisenhower

8 System of Interstate and Defense Highways is not capable of safely accom9 modating a commercial motor vehicle having a length described in sub10 section (b)(1)(A) of this section or the motor vehicle combination described

11 in subsection (c) of this section, the Secretary shall exempt the segment

12 from either or both of those provisions. Before making a decision under this

13 paragraph, the Secretary shall consider any possible alternative route that

14 serves the area in which the segment is located.

15 (B) The Secretary shall make a decision about a specific segment not

16 later than 120 days after the date of receipt of notification from a chief

17 executive officer under paragraph (1) of this subsection or the date on

18 which the Secretary initiates action under subparagraph (A) of this para19 graph, whichever is applicable. If the Secretary finds the decision will not

20 be made in time, the Secretary immediately shall notify Congress, giving the

21 reasons for the delay, information about the resources assigned, and the

22 projected date for the decision.

23 (C) Before making a decision, the Secretary shall give an interested per24 son notice and an opportunity for comment. If the Secretary exempts a seg25 ment under this subsection before the final regulations under subsection (e)

26 of this section are prescribed, the Secretary shall include the exemption as

27 part of the final regulations. If the Secretary exempts the segment after the

28 final regulations are prescribed, the Secretary shall publish the exemption

29 as an amendment to the final regulations.

30 (g) ACCOMMODATING SPECIALIZED EQUIPMENT.—In prescribing regula31 tions to carry out this section, the Secretary may make decisions necessary

32 to accommodate specialized equipment, including automobile and vessel

33 transporters and maxi-cube vehicles.

34 § 31112. Property-carrying unit limitation

35 (a) DEFINITIONS.—In this section—

36 (1) ‘‘property-carrying unit’’ means any part of a commercial motor

37 vehicle combination (except the truck tractor) used to carry property,

38 including a trailer, a semitrailer, or the property-carrying section of a

39 single unit truck.
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1 (2) the length of the property-carrying units of a commercial motor

2 vehicle combination is the length measured from the front of the first

3 property-carrying unit to the rear of the last property-carrying unit.

4 (b) GENERAL LIMITATIONS.—A State may not allow by any means the

5 operation, on any segment of the Dwight D. Eisenhower System of Inter6 state and Defense Highways and those classes of qualifying Federal-aid Pri7 mary System highways designated by the Secretary of Transportation under

8 section 31111(e) of this title, of any commercial motor vehicle combination

9 (except a vehicle or load that cannot be dismantled easily or divided easily

10 and that has been issued a special permit under applicable State law) with

11 more than one property-carrying unit (not including the truck tractor)

12 whose property-carrying units are more than—

13 (1) the maximum combination trailer, semitrailer, or other type of

14 length limitation allowed by law or regulation of that State before June

15 2, 1991; or

16 (2) the length of the property-carrying units of those commercial

17 motor vehicle combinations, by specific configuration, in actual, lawful

18 operation on a regular or periodic basis (including continuing seasonal

19 operation) in that State before June 2, 1991.

20 (c) SPECIAL RULES FOR WYOMING, OHIO, AND ALASKA.—In addition to

21 the vehicles allowed under subsection (b) of this section—

22 (1) Wyoming may allow the operation of additional vehicle configura23 tions not in actual operation on June 1, 1991, but authorized by State

24 law not later than November 3, 1992, if the vehicle configurations com25 ply with the single axle, tandem axle, and bridge formula limits in sec26 tion 127(a) of title 23 and are not more than 117,000 pounds gross

27 vehicle weight;

28 (2) Ohio may allow the operation of commercial motor vehicle com29 binations with 3 property-carrying units of 28.5 feet each (not includ30 ing the truck tractor) not in actual operation on June 1, 1991, to be

31 operated in Ohio on the 1-mile segment of Ohio State Route 7 that

32 begins at and is south of exit 16 of the Ohio Turnpike; and

33 (3) Alaska may allow the operation of commercial motor vehicle com34 binations that were not in actual operation on June 1, 1991, but were

35 in actual operation before July 6, 1991.

36 (d) ADDITIONAL LIMITATIONS.—(1) A commercial motor vehicle combina37 tion whose operation in a State is not prohibited under subsections (b) and

38 (c) of this section may continue to operate in the State on highways de39 scribed in subsection (b) only if at least in compliance with all State laws,

40 regulations, limitations, and conditions, including routing-specific and con41 figuration-specific designations and all other restrictions in force in the
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1 State on June 1, 1991. However, subject to regulations prescribed by the

2 Secretary under subsection (g)(2) of this section, the State may make minor

3 adjustments of a temporary and emergency nature to route designations and

4 vehicle operating restrictions in effect on June 1, 1991, for specific safety

5 purposes and road construction.

6 (2) This section does not prevent a State from further restricting in any

7 way or prohibiting the operation of any commercial motor vehicle combina8 tion subject to this section, except that a restriction or prohibition shall be

9 consistent with this section and sections 31113(a) and (b) and 31114 of this

10 title.

11 (3) A State making a minor adjustment of a temporary and emergency

12 nature as authorized by paragraph (1) of this subsection or further restrict13 ing or prohibiting the operation of a commercial motor vehicle combination

14 as authorized by paragraph (2) of this subsection shall advise the Secretary

15 not later than 30 days after the action. The Secretary shall publish a notice

16 of the action in the Federal Register.

17 (e) LIST OF STATE LENGTH LIMITATIONS.—(1) Not later than February

18 16, 1992, each State shall submit to the Secretary for publication a com19 plete list of State length limitations applicable to commercial motor vehicle

20 combinations operating in the State on the highways described in subsection

21 (b) of this section. The list shall indicate the applicable State laws and regu22 lations associated with the length limitations. If a State does not submit the

23 information as required, the Secretary shall complete and file the informa24 tion for the State.

25 (2) Not later than March 17, 1992, the Secretary shall publish an interim

26 list in the Federal Register consisting of all information submitted under

27 paragraph (1) of this subsection. The Secretary shall review for accuracy

28 all information submitted by a State under paragraph (1) and shall solicit

29 and consider public comment on the accuracy of the information.

30 (3) A law or regulation may not be included on the list submitted by a

31 State or published by the Secretary merely because it authorized, or could

32 have authorized, by permit or otherwise, the operation of commercial motor

33 vehicle combinations not in actual operation on a regular or periodic basis

34 before June 2, 1991.

35 (4) Except as revised under this paragraph or paragraph (5) of this sub36 section, the list shall be published as final in the Federal Register not later

37 than June 15, 1992. In publishing the final list, the Secretary shall make

38 any revisions necessary to correct inaccuracies identified under paragraph

39 (2) of this subsection. After publication of the final list, commercial motor

40 vehicle combinations prohibited under subsection (b) of this section may not

41 operate on the Dwight D. Eisenhower System of Interstate and Defense
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1 Highways and other Federal-aid Primary System highways designated by

2 the Secretary except as published on the list. The list may be combined by

3 the Secretary with the list required under section 127(d) of title 23.

4 (5) On the Secretary’s own motion or on request by any person (including

5 a State), the Secretary shall review the list published under paragraph (4)

6 of this subsection. If the Secretary decides there is reason to believe a mis7 take was made in the accuracy of the list, the Secretary shall begin a pro8 ceeding to decide whether a mistake was made. If the Secretary decides

9 there was a mistake, the Secretary shall publish the correction.

10 (f) LIMITATIONS ON STATUTORY CONSTRUCTION.—This section may not

11 be construed—

12 (1) to allow the operation on any segment of the Dwight D. Eisen13 hower System of Interstate and Defense Highways of a longer com14 bination vehicle prohibited under section 127(d) of title 23;

15 (2) to affect in any way the operation of a commercial motor vehicle

16 having only one property-carrying unit; or

17 (3) to affect in any way the operation in a State of a commercial

18 motor vehicle with more than one property-carrying unit if the vehicle

19 was in actual operation on a regular or periodic basis (including sea20 sonal operation) in that State before June 2, 1991, that was authorized

21 under State law or regulation or lawful State permit.

22 (g) REGULATIONS.—(1) In carrying out this section only, the Secretary

23 shall define by regulation loads that cannot be dismantled easily or divided

24 easily.

25 (2) Not later than June 15, 1992, the Secretary shall prescribe regula26 tions establishing criteria for a State to follow in making minor adjustments

27 under subsection (d) of this section.

28 § 31113. Width limitations

29 (a) GENERAL LIMITATIONS.—(1) Except as provided in subsection (e) of

30 this section, a State (except Hawaii) may not prescribe or enforce a regula31 tion of commerce that imposes a vehicle width limitation of more or less

32 than 102 inches on a commercial motor vehicle operating on—

33 (A) a segment of the Dwight D. Eisenhower System of Interstate

34 and Defense Highways (except a segment exempted under subsection

35 (e) of this section);

36 (B) a qualifying Federal-aid highway designated by the Secretary of

37 Transportation, with traffic lanes designed to be at least 12 feet wide;

38 or

39 (C) a qualifying Federal-aid Primary System highway designated by

40 the Secretary if the Secretary decides the designation is consistent with

41 highway safety.
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1 (2) Notwithstanding paragraph (1) of this subsection, a State may con2 tinue to enforce a regulation of commerce in effect on April 6, 1983, that

3 applies to a commercial motor vehicle of more than 102 inches in width,

4 until the date on which the State prescribes a regulation of commerce that

5 complies with this subsection.

6 (3) A Federal-aid highway (except an interstate highway) not designated

7 under this subsection on June 5, 1984, may be designated under this sub8 section only with the agreement of the chief executive officer of the State

9 in which the highway is located.

10 (b) EXCLUSION OF SAFETY AND ENERGY CONSERVATION DEVICES.—

11 Width calculated under this section does not include a safety or energy con12 servation device the Secretary decides is necessary for safe and efficient op13 eration of a commercial motor vehicle.

14 (c) SPECIAL USE PERMITS.—A State may grant a special use permit to

15 a commercial motor vehicle that is more than 102 inches in width.

16 (d) STATE ENFORCEMENT.—Consistent with this section, a State may

17 enforce a commercial motor vehicle width limitation of 102 inches on a seg18 ment of the Dwight D. Eisenhower System of Interstate and Defense High19 ways (except a segment exempted under subsection (e) of this section) or

20 other qualifying Federal-aid highway designated by the Secretary.

21 (e) EXEMPTIONS.—(1) If the chief executive officer of a State, after con22 sulting under paragraph (2) of this subsection, decides a segment of the

23 Dwight D. Eisenhower System of Interstate and Defense Highways is not

24 capable of safely accommodating a commercial motor vehicle having the

25 width provided in subsection (a) of this section, the chief executive officer

26 may notify the Secretary of that decision and request the Secretary to ex27 empt that segment from subsection (a) to allow the State to impose a width

28 limitation of less than 102 inches for a vehicle (except a bus) on that seg29 ment.

30 (2) Before making a decision under paragraph (1) of this subsection, the

31 chief executive officer shall consult with units of local government in the

32 State in which the segment of the Dwight D. Eisenhower System of Inter33 state and Defense Highways is located and with the chief executive officer

34 of any adjacent State that may be directly affected by the exemption. As

35 part of the consultations, consideration shall be given to any potential alter36 native route that serves the area in which the segment is located and can

37 safely accommodate a commercial motor vehicle having the width provided

38 for in subsection (a) of this section.

39 (3) A chief executive officer’s notification under this subsection must in40 clude specific evidence of safety problems supporting the officer’s decision

41 and the results of consultations about alternative routes.
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1 (4)(A) If the Secretary decides, on request of a chief executive officer or

2 on the Secretary’s own initiative, a segment of the Dwight D. Eisenhower

3 System of Interstate and Defense Highways is not capable of safely accom4 modating a commercial motor vehicle having a width provided in subsection

5 (a) of this section, the Secretary shall exempt the segment from subsection

6 (a) to allow the State to impose a width limitation of less than 102 inches

7 for a vehicle (except a bus) on that segment. Before making a decision

8 under this paragraph, the Secretary shall consider any possible alternative

9 route that serves the area in which the segment is located.

10 (B) The Secretary shall make a decision about a specific segment not

11 later than 120 days after the date of receipt of notification from a chief

12 executive officer under paragraph (1) of this subsection or the date on

13 which the Secretary initiates action under subparagraph (A) of this para14 graph, whichever is applicable. If the Secretary finds the decision will not

15 be made in time, the Secretary immediately shall notify Congress, giving the

16 reasons for the delay, information about the resources assigned, and the

17 projected date for the decision.

18 (C) Before making a decision, the Secretary shall give an interested per19 son notice and an opportunity for comment. If the Secretary exempts a seg20 ment under this subsection before the final regulations under subsection (a)

21 of this section are prescribed, the Secretary shall include the exemption as

22 part of the final regulations. If the Secretary exempts the segment after the

23 final regulations are prescribed, the Secretary shall publish the exemption

24 as an amendment to the final regulations.

25 § 31114. Access to the Interstate System

26 (a) PROHIBITION ON DENYING ACCESS.—A State may not enact or en27 force a law denying to a commercial motor vehicle subject to this subchapter

28 or subchapter I of this chapter reasonable access between—

29 (1) the Dwight D. Eisenhower System of Interstate and Defense

30 Highways (except a segment exempted under section 31111(f) or

31 31113(e) of this title) and other qualifying Federal-aid Primary System

32 highways designated by the Secretary of Transportation; and

33 (2) terminals, facilities for food, fuel, repairs, and rest, and points

34 of loading and unloading for household goods carriers, motor carriers

35 of passengers, or any truck tractor-semitrailer combination in which

36 the semitrailer has a length of not more than 28.5 feet and that gen37 erally operates as part of a vehicle combination described in section

38 31111(c) of this title.

39 (b) EXCEPTION.—This section does not prevent a State or local govern40 ment from imposing reasonable restrictions, based on safety considerations,

41 on a truck tractor-semitrailer combination in which the semitrailer has a
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1 length of not more than 28.5 feet and that generally operates as part of

2 a vehicle combination described in section 31111(c) of this title.

3 § 31115. Enforcement

4 On the request of the Secretary of Transportation, the Attorney General

5 shall bring a civil action for appropriate injunctive relief to ensure compli6 ance with this subchapter or subchapter I of this chapter. The action may

7 be brought in a district court of the United States in any State in which

8 the relief is required. On a proper showing, the court shall issue a tem9 porary restraining order or preliminary or permanent injunction. An injunc10 tion under this section may order a State or person to comply with this sub11 chapter, subchapter I, or a regulation prescribed under this subchapter or

12 subchapter I.

13 SUBCHAPTER III—SAFETY REGULATION

14 § 31131. Purposes and findings

15 (a) PURPOSES.—The purposes of this subchapter are—

16 (1) to promote the safe operation of commercial motor vehicles;

17 (2) to minimize dangers to the health of operators of commercial

18 motor vehicles and other employees whose employment directly affects

19 motor carrier safety; and

20 (3) to ensure increased compliance with traffic laws and with the

21 commercial motor vehicle safety and health regulations and standards

22 prescribed and orders issued under this chapter.

23 (b) FINDINGS.—Congress finds—

24 (1) it is in the public interest to enhance commercial motor vehicle

25 safety and thereby reduce highway fatalities, injuries, and property

26 damage;

27 (2) improved, more uniform commercial motor vehicle safety meas28 ures and strengthened enforcement would reduce the number of fatali29 ties and injuries and the level of property damage related to commer30 cial motor vehicle operations;

31 (3) enhanced protection of the health of commercial motor vehicle

32 operators is in the public interest; and

33 (4) interested State governments can provide valuable assistance to

34 the United States Government in ensuring that commercial motor vehi35 cle operations are conducted safely and healthfully.

36 § 31132. Definitions

37 In this subchapter—

38 (1) ‘‘commercial motor vehicle’’ means a self-propelled or towed vehi39 cle used on the highways in interstate commerce to transport pas40 sengers or property, if the vehicle—

41 (A) has a gross vehicle weight rating of at least 10,001 pounds;
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1 (B) is designed to transport more than 15 passengers including

2 the driver; or

3 (C) is used in transporting material found by the Secretary of

4 Transportation to be hazardous under section 5103 of this title

5 and transported in a quantity requiring placarding under regula6 tions prescribed by the Secretary under section 5103.

7 (2) ‘‘employee’’ means an operator of a commercial motor vehicle (in8 cluding an independent contractor when operating a commercial motor

9 vehicle), a mechanic, a freight handler, or an individual not an em10 ployer, who—

11 (A) directly affects commercial motor vehicle safety in the

12 course of employment; and

13 (B) is not an employee of the United States Government, a

14 State, or a political subdivision of a State acting in the course of

15 the employment by the Government, a State, or a political subdivi16 sion of a State.

17 (3) ‘‘employer’’—

18 (A) means a person engaged in a business affecting interstate

19 commerce that owns or leases a commercial motor vehicle in con20 nection with that business, or assigns an employee to operate it;

21 but

22 (B) does not include the Government, a State, or a political sub23 division of a State.

24 (4) ‘‘interstate commerce’’ means trade, traffic, or transportation in

25 the United States between a place in a State and—

26 (A) a place outside that State (including a place outside the

27 United States); or

28 (B) another place in the same State through another State or

29 through a place outside the United States.

30 (5) ‘‘intrastate commerce’’ means trade, traffic, or transportation in

31 a State that is not interstate commerce.

32 (6) ‘‘regulation’’ includes a standard or order.

33 (7) ‘‘State’’ means a State of the United States, the District of Co34 lumbia, and, in sections 31136 and 31140–31142 of this title, a politi35 cal subdivision of a State.

36 (8) ‘‘State law’’ includes a law enacted by a political subdivision of

37 a State.

38 (9) ‘‘State regulation’’ includes a regulation prescribed by a political

39 subdivision of a State.

40 (10) ‘‘United States’’ means the States of the United States and the

41 District of Columbia.
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1 § 31133. General powers of the Secretary of Transportation

2 (a) GENERAL.—In carrying out this subchapter and regulations pre3 scribed under section 31102 of this title, the Secretary of Transportation

4 may—

5 (1) conduct inspections and investigations;

6 (2) compile statistics;

7 (3) make reports;

8 (4) issue subpenas;

9 (5) require production of records and property;

10 (6) take depositions;

11 (7) hold hearings;

12 (8) prescribe recordkeeping and reporting requirements;

13 (9) conduct or make contracts for studies, development, testing, eval14 uation, and training; and

15 (10) perform other acts the Secretary considers appropriate.

16 (b) CONSULTATION.—In conducting inspections and investigations under

17 subsection (a) of this section, the Secretary shall consult, as appropriate,

18 with employers and employees and their authorized representatives and offer

19 them a right of accompaniment.

20 (c) DELEGATION.—The Secretary may delegate to a State receiving a

21 grant under section 31102 of this title those duties and powers related to

22 enforcement (including conducting investigations) of this subchapter and

23 regulations prescribed under this subchapter that the Secretary considers

24 appropriate.

25 § 31134. Commercial Motor Vehicle Safety Regulatory Re26 view Panel

27 (a) ESTABLISHMENT AND GENERAL DUTY.—The Secretary of Transpor28 tation shall establish the Commercial Motor Vehicle Safety Regulatory Re29 view Panel. The Panel shall analyze and review State laws and regulations

30 under sections 31140 and 31141 of this title.

31 (b) SPECIFIC DUTIES.—The Panel shall—

32 (1) carry out those duties and powers designated to be carried out

33 by the Panel under sections 31140 and 31141 of this title;

34 (2) conduct a study to—

35 (A) evaluate the need, if any, for additional assistance from the

36 United States Government to the States to enable them to enforce

37 the regulations prescribed by the Secretary under section 31136

38 of this title; and

39 (B) decide on other methods of furthering the purposes of this

40 subchapter; and
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1 (3) make recommendations to the Secretary based on the results of

2 the study conducted under clause (2) of this subsection.

3 (c) COMPOSITION, APPOINTMENT, AND TERMS.—(1) The Panel shall be

4 composed of 15 members as follows:

5 (A) the Secretary or the Secretary’s delegate.

6 (B) 7 individuals appointed by the Secretary from among individuals

7 who represent the interests of States and political subdivisions of

8 States and whose names have been submitted to the Secretary by the

9 Committee on Commerce, Science, and Transportation of the Senate or

10 the Committee on Public Works and Transportation of the House of

11 Representatives.

12 (C) 7 individuals appointed by the Secretary from among individuals

13 who represent the interests of business, consumer, labor, and safety

14 groups and whose names have been submitted to the Secretary by the

15 Committee on Commerce, Science, and Transportation of the Senate or

16 the Committee on Public Works and Transportation of the House of

17 Representatives.

18 (2) The Secretary shall select the individuals to be appointed under this

19 subsection on the basis of their knowledge, expertise, or experience related

20 to commercial motor vehicle safety. Half of the appointments shall be made

21 from names submitted by the Committee on Commerce, Science, and Trans22 portation of the Senate, and the other half from names submitted by the

23 Committee on Public Works and Transportation of the House of Represent24 atives. Each of these committees shall submit to the Secretary the names

25 of 20 individuals qualified to serve on the Panel.

26 (3) The term of each member of the Panel appointed under paragraph

27 (1)(B) and (C) of this subsection is 7 years.

28 (4) A vacancy on the Panel shall be filled in the way the original appoint29 ment was made. The vacancy does not affect the Panel’s powers.

30 (d) CHAIRMAN, QUORUM, MEETINGS, AND PAY.—(1) The Secretary is

31 the Chairman of the Panel.

32 (2) Eight members of the Panel are a quorum, but the Panel may estab33 lish a lesser number as a quorum to hold hearings, take testimony, and re34 ceive evidence.

35 (3) The Panel shall meet at the call of the Chairman or a majority of

36 its members.

37 (4) Members of the Panel shall serve without pay, except that they shall

38 receive per diem and travel expenses under section 5703 of title 5.

39 (e) PERSONNEL, OFFICE SPACE, AND SUPPORT SERVICES.—On request

40 of the Panel, the Secretary shall—
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1 (1) detail personnel of the Department of Transportation to the

2 Panel as necessary to assist the Panel in carrying out its duties and

3 powers; and

4 (2) provide office space, supplies, equipment, and other support serv5 ices to the Panel as necessary for the Panel to carry out its duties and

6 powers.

7 (f) HEARINGS AND OTHER ACTIONS.—To carry out the duties and pow8 ers of the Panel under this subchapter, the Panel or any member authorized

9 by the Panel may hold hearings, sit and act at times and places, take testi10 mony, and take other actions the Panel or the member considers advisable.

11 A member of the Panel may administer oaths to witnesses appearing before

12 the Panel or the member.

13 (g) TEMPORARY AND INTERMITTENT SERVICES.—Subject to regulations

14 the Panel may prescribe, the Chairman may procure the temporary or inter15 mittent services of experts or consultants under section 3109 of title 5.

16 § 31135. Duties of employers and employees

17 Each employer and employee shall comply with regulations on commercial

18 motor vehicle safety prescribed by the Secretary of Transportation under

19 this subchapter that apply to the employer’s or employee’s conduct.

20 § 31136. United States Government regulations

21 (a) MINIMUM SAFETY STANDARDS.—Subject to section 30103(a) of this

22 title, the Secretary of Transportation shall prescribe regulations on commer23 cial motor vehicle safety. The regulations shall prescribe minimum safety

24 standards for commercial motor vehicles. At a minimum, the regulations

25 shall ensure that—

26 (1) commercial motor vehicles are maintained, equipped, loaded, and

27 operated safely;

28 (2) the responsibilities imposed on operators of commercial motor ve29 hicles do not impair their ability to operate the vehicles safely;

30 (3) the physical condition of operators of commercial motor vehicles

31 is adequate to enable them to operate the vehicles safely; and

32 (4) the operation of commercial motor vehicles does not have a dele33 terious effect on the physical condition of the operators.

34 (b) ELIMINATING AND AMENDING EXISTING REGULATIONS.—The Sec35 retary may not eliminate or amend an existing motor carrier safety regula36 tion related only to the maintenance, equipment, loading, or operation (in37 cluding routing) of vehicles carrying material found to be hazardous under

38 section 5103 of this title until an equivalent or more stringent regulation

39 has been prescribed under section 5103.
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1 (c) PROCEDURES AND CONSIDERATIONS.—(1) A regulation under this

2 section shall be prescribed under section 553 of title 5 (without regard to

3 sections 556 and 557 of title 5).

4 (2) Before prescribing regulations under this section, the Secretary shall

5 consider, to the extent practicable and consistent with the purposes of this

6 chapter—

7 (A) costs and benefits; and

8 (B) State laws and regulations on commercial motor vehicle safety,

9 to minimize their unnecessary preemption.

10 (d) EFFECT OF EXISTING REGULATIONS.—If the Secretary does not pre11 scribe regulations on commercial motor vehicle safety under this section,

12 regulations on commercial motor vehicle safety prescribed by the Secretary

13 before October 30, 1984, and in effect on October 30, 1984, shall be

14 deemed in this subchapter to be regulations prescribed by the Secretary

15 under this section.

16 (e) WAIVERS.—After notice and an opportunity for comment, the Sec17 retary may waive any part of a regulation prescribed under this section as

18 it applies to a person or class of persons, if the Secretary decides that the

19 waiver is consistent with the public interest and the safe operation of com20 mercial motor vehicles. Under this subsection, the Secretary shall waive the

21 regulations prescribed under this section as they apply to schoolbuses (as

22 defined in section 30125(a) of this title) unless the Secretary decides that

23 making the regulations applicable to schoolbuses is necessary for public

24 safety, considering all laws of the United States and States applicable to

25 schoolbuses. A waiver under this subsection shall be published in the Fed26 eral Register, with the reasons for the waiver.

27 (f) LIMITATIONS ON MUNICIPALITY AND COMMERCIAL ZONE EXEMP28 TIONS AND WAIVERS.—(1) The Secretary may not—

29 (A) exempt a person or commercial motor vehicle from a regulation

30 related to commercial motor vehicle safety only because the operations

31 of the person or vehicle are entirely in a municipality or commercial

32 zone of a municipality; or

33 (B) waive application to a person or commercial motor vehicle of a

34 regulation related to commercial motor vehicle safety only because the

35 operations of the person or vehicle are entirely in a municipality or

36 commercial zone of a municipality.

37 (2) If a person was authorized to operate a commercial motor vehicle in

38 a municipality or commercial zone of a municipality in the United States

39 for the entire period from November 19, 1987, through November 18, 1988,

40 and if the person is otherwise qualified to operate a commercial motor vehi-
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1 cle, the person may operate a commercial motor vehicle entirely in a munici2 pality or commercial zone of a municipality notwithstanding—

3 (A) paragraph (1) of this subsection;

4 (B) a minimum age requirement of the United States Government

5 for operation of the vehicle; and

6 (C) a medical or physical condition that—

7 (i) would prevent an operator from operating a commercial

8 motor vehicle under the commercial motor vehicle safety regula9 tions in title 49, Code of Federal Regulations;

10 (ii) existed on July 1, 1988;

11 (iii) has not substantially worsened; and

12 (iv) does not involve alcohol or drug abuse.

13 (3) This subsection does not affect a State commercial motor vehicle safe14 ty law applicable to intrastate commerce.

15 § 31137. Monitoring device and brake maintenance regula16 tions

17 (a) USE OF MONITORING DEVICES.—If the Secretary of Transportation

18 prescribes a regulation about the use of monitoring devices on commercial

19 motor vehicles to increase compliance by operators of the vehicles with hours

20 of service regulations of the Secretary, the regulation shall ensure that the

21 devices are not used to harass vehicle operators. However, the devices may

22 be used to monitor productivity of the operators.

23 (b) BRAKES AND BRAKE SYSTEMS MAINTENANCE REGULATIONS.—Not

24 later than December 31, 1990, the Secretary shall prescribe regulations on

25 improved standards or methods to ensure that brakes and brake systems

26 of commercial motor vehicles are maintained properly and inspected by ap27 propriate employees. At a minimum, the regulations shall establish mini28 mum training requirements and qualifications for employees responsible for

29 maintaining and inspecting the brakes and brake systems.

30 § 31138. Minimum financial responsibility for transporting

31 passengers

32 (a) GENERAL REQUIREMENT.—The Secretary of Transportation shall

33 prescribe regulations to require minimum levels of financial responsibility

34 sufficient to satisfy liability amounts established by the Secretary covering

35 public liability and property damage for the transportation of passengers for

36 compensation by motor vehicle in the United States between a place in a

37 State and—

38 (1) a place in another State;

39 (2) another place in the same State through a place outside of that

40 State; or

41 (3) a place outside the United States.
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1 (b) MINIMUM AMOUNTS.—The level of financial responsibility established

2 under subsection (a) of this section for a motor vehicle with a seating capac3 ity of—

4 (1) at least 16 passengers shall be at least $5,000,000; and

5 (2) not more than 15 passengers shall be at least $1,500,000.

6 (c) EVIDENCE OF FINANCIAL RESPONSIBILITY.—(1) Subject to para7 graph (2) of this subsection, financial responsibility may be established by

8 evidence of one or a combination of the following if acceptable to the Sec9 retary of Transportation:

10 (A) insurance, including high self-retention.

11 (B) a guarantee.

12 (C) a surety bond issued by a bonding company authorized to do

13 business in the United States.

14 (2) A person domiciled in a country contiguous to the United States and

15 providing transportation to which a minimum level of financial responsibility

16 under this section applies shall have evidence of financial responsibility in

17 the motor vehicle when the person is providing the transportation. If evi18 dence of financial responsibility is not in the vehicle, the Secretary of Trans19 portation and the Secretary of the Treasury shall deny entry of the vehicle

20 into the United States.

21 (d) CIVIL PENALTY.—(1) If, after notice and an opportunity for a hear22 ing, the Secretary of Transportation finds that a person (except an em23 ployee acting without knowledge) has knowingly violated this section or a

24 regulation prescribed under this section, the person is liable to the United

25 States Government for a civil penalty of not more than $10,000 for each

26 violation. A separate violation occurs for each day the violation continues.

27 (2) The Secretary of Transportation shall impose the penalty by written

28 notice. In determining the amount of the penalty, the Secretary shall con29 sider—

30 (A) the nature, circumstances, extent, and gravity of the violation;

31 (B) with respect to the violator, the degree of culpability, any history

32 of prior violations, the ability to pay, and any effect on the ability to

33 continue doing business; and

34 (C) other matters that justice requires.

35 (3) The Secretary of Transportation may compromise the penalty before

36 referring the matter to the Attorney General for collection.

37 (4) The Attorney General shall bring a civil action in an appropriate dis38 trict court of the United States to collect a penalty referred to the Attorney

39 General for collection under this subsection.
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1 (5) The amount of the penalty may be deducted from amounts the Gov2 ernment owes the person. An amount collected under this section shall be

3 deposited in the Treasury as miscellaneous receipts.

4 (e) NONAPPLICATION.—This section does not apply to a motor vehicle—

5 (1) transporting only school children and teachers to or from school;

6 (2) providing taxicab service, having a seating capacity of not more

7 than 6 passengers, and not being operated on a regular route or be8 tween specified places; or

9 (3) carrying not more than 15 individuals in a single, daily round

10 trip to and from work.

11 § 31139. Minimum financial responsibility for transporting

12 property

13 (a) DEFINITIONS.—In this section—

14 (1) ‘‘farm vehicle’’ means a vehicle—

15 (A) designed or adapted and used only for agriculture;

16 (B) operated by a motor private carrier (as defined in section

17 10102 of this title); and

18 (C) operated only incidentally on highways.

19 (2) ‘‘interstate commerce’’ includes transportation between a place in

20 a State and a place outside the United States, to the extent the trans21 portation is in the United States.

22 (3) ‘‘State’’ means a State of the United States, the District of Co23 lumbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and

24 the Northern Mariana Islands.

25 (b) GENERAL REQUIREMENT AND MINIMUM AMOUNT.—(1) The Sec26 retary of Transportation shall prescribe regulations to require minimum lev27 els of financial responsibility sufficient to satisfy liability amounts estab28 lished by the Secretary covering public liability, property damage, and envi29 ronmental restoration for the transportation of property for compensation

30 by motor vehicle in the United States between a place in a State and—

31 (A) a place in another State;

32 (B) another place in the same State through a place outside of that

33 State; or

34 (C) a place outside the United States.

35 (2) The level of financial responsibility established under paragraph (1)

36 of this subsection shall be at least $750,000.

37 (c) REQUIREMENTS FOR HAZARDOUS MATTER AND OIL.—(1) The Sec38 retary of Transportation shall prescribe regulations to require minimum lev39 els of financial responsibility sufficient to satisfy liability amounts estab40 lished by the Secretary covering public liability, property damage, and envi-
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1 ronmental restoration for the transportation by motor vehicle in interstate

2 or intrastate commerce of—

3 (A) hazardous material (as defined by the Secretary);

4 (B) oil or hazardous substances (as defined by the Administrator of

5 the Environmental Protection Agency); or

6 (C) hazardous wastes (as defined by the Administrator).

7 (2)(A) Except as provided in subparagraph (B) of this paragraph, the

8 level of financial responsibility established under paragraph (1) of this sub9 section shall be at least $5,000,000 for the transportation—

10 (i) of hazardous substances (as defined by the Administrator) in

11 cargo tanks, portable tanks, or hopper-type vehicles, with capacities of

12 more than 3,500 water gallons;

13 (ii) in bulk of class A explosives, poison gas, liquefied gas, or com14 pressed gas; or

15 (iii) of large quantities of radioactive material.

16 (B) The Secretary of Transportation by regulation may reduce the mini17 mum level in subparagraph (A) of this paragraph (to an amount not less

18 than $1,000,000) for transportation described in subparagraph (A) in any

19 of the territories of Puerto Rico, the Virgin Islands, American Samoa,

20 Guam, and the Northern Mariana Islands if—

21 (i) the chief executive officer of the territory requests the reduction;

22 (ii) the reduction will prevent a serious disruption in transportation

23 service and will not adversely affect public safety; and

24 (iii) insurance of $5,000,000 is not readily available.

25 (3) The level of financial responsibility established under paragraph (1)

26 of this subsection for the transportation of a material, oil, substance, or

27 waste not subject to paragraph (2) of this subsection shall be at least

28 $1,000,000. However, if the Secretary of Transportation finds it will not

29 adversely affect public safety, the Secretary by regulation may reduce the

30 amount for—

31 (A) a class of vehicles transporting such a material, oil, substance,

32 or waste in intrastate commerce (except in bulk); and

33 (B) a farm vehicle transporting such a material or substance in

34 interstate commerce (except in bulk).

35 (d) FOREIGN MOTOR CARRIERS AND PRIVATE CARRIERS.—Regulations

36 prescribed under this section may allow foreign motor carriers and foreign

37 motor private carriers (as those terms are defined in section 10530 of this

38 title) providing transportation of property under a certificate of registration

39 issued under section 10530 to meet the minimum levels of financial respon40 sibility under this section only when those carriers are providing transpor41 tation for property in the United States.
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1 (e) EVIDENCE OF FINANCIAL RESPONSIBILITY.—(1) Subject to para2 graph (2) of this subsection, financial responsibility may be established by

3 evidence of one or a combination of the following if acceptable to the Sec4 retary of Transportation:

5 (A) insurance.

6 (B) a guarantee.

7 (C) a surety bond issued by a bonding company authorized to do

8 business in the United States.

9 (D) qualification as a self-insurer.

10 (2) A person domiciled in a country contiguous to the United States and

11 providing transportation to which a minimum level of financial responsibility

12 under this section applies shall have evidence of financial responsibility in

13 the motor vehicle when the person is providing the transportation. If evi14 dence of financial responsibility is not in the vehicle, the Secretary of Trans15 portation and the Secretary of the Treasury shall deny entry of the vehicle

16 into the United States.

17 (f) CIVIL PENALTY.—(1) If, after notice and an opportunity for a hear18 ing, the Secretary of Transportation finds that a person (except an em19 ployee acting without knowledge) has knowingly violated this section or a

20 regulation prescribed under this section, the person is liable to the United

21 States Government for a civil penalty of not more than $10,000 for each

22 violation. A separate violation occurs for each day the violation continues.

23 (2) The Secretary of Transportation shall impose the penalty by written

24 notice. In determining the amount of the penalty, the Secretary shall con25 sider—

26 (A) the nature, circumstances, extent, and gravity of the violation;

27 (B) with respect to the violator, the degree of culpability, any history

28 of prior violations, the ability to pay, and any effect on the ability to

29 continue doing business; and

30 (C) other matters that justice requires.

31 (3) The Secretary of Transportation may compromise the penalty before

32 referring the matter to the Attorney General for collection.

33 (4) The Attorney General shall bring a civil action in an appropriate dis34 trict court of the United States to collect a penalty referred to the Attorney

35 General for collection under this subsection.

36 (5) The amount of the penalty may be deducted from amounts the Gov37 ernment owes the person. An amount collected under this section shall be

38 deposited in the Treasury as miscellaneous receipts.

39 (g) NONAPPLICATION.—This section does not apply to a motor vehicle

40 having a gross vehicle weight rating of less than 10,000 pounds if the vehi41 cle is not used to transport in interstate or foreign commerce—
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1 (1) class A or B explosives;

2 (2) poison gas; or

3 (3) a large quantity of radioactive material.

4 § 31140. Submission of State laws and regulations for review

5 (a) LAWS AND REGULATIONS IN EFFECT BEFORE APRIL 29, 1986.—A

6 State that had in effect a State law or regulation on commercial motor vehi7 cle safety before April 29, 1986, and wants to enforce the law or regulation

8 after October 29, 1989, shall submit a copy of the law or regulation to the

9 Secretary of Transportation and the Commercial Motor Vehicle Safety Reg10 ulatory Review Panel.

11 (b) LAWS ENACTED AND REGULATIONS ISSUED AFTER APRIL 29,

12 1986.—A State that enacts a State law or issues a regulation on commer13 cial motor vehicle safety after April 29, 1986, shall submit a copy of the

14 law or regulation to the Secretary and the Panel immediately after the en15 actment or issuance.

16 (c) INITIAL GUIDELINES.—The Secretary shall prescribe initial guidelines

17 to assist the States in compiling and submitting State laws and regulations

18 and other information under this section.

19 (d) ADDITIONAL INFORMATION.—As soon as practicable but not later

20 than a date the Panel may establish, a State that submits a State law or

21 regulation under this section to the Panel shall—

22 (1) indicate in writing to the Panel whether the law or regulation—

23 (A) has the same effect as a regulation prescribed by the Sec24 retary under section 31136 of this title;

25 (B) is less stringent than that regulation; or

26 (C) is additional to or more stringent than that regulation; and

27 (2) submit to the Panel other information the Panel or the Secretary

28 may require to carry out this subchapter.

29 § 31141. Review and preemption of State laws and regula30 tions

31 (a) PREEMPTION AFTER DECISION.—After October 29, 1989, a State

32 may not enforce a State law or regulation on commercial motor vehicle safe33 ty that the Secretary of Transportation decides under this section may not

34 be enforced.

35 (b) ANALYSIS AND DECISIONS BY THE PANEL.—(1) The Commercial

36 Motor Vehicle Safety Regulatory Review Panel annually shall analyze State

37 laws and regulations and decide which of those laws and regulations are re38 lated to commercial motor vehicle safety.

39 (2) Not later than one year after the date the Secretary prescribes a reg40 ulation under section 31136 of this title or one year after the date the Panel

41 decides under paragraph (1) of this subsection that a State law or regula-
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1 tion is related to commercial motor vehicle safety, whichever is later, the

2 Panel shall—

3 (A) decide whether the State law or regulation—

4 (i) has the same effect as the regulation prescribed by the Sec5 retary;

6 (ii) is less stringent than that regulation; or

7 (iii) is additional to or more stringent than that regulation;

8 (B) decide, for each State law or regulation that the Panel decides

9 is additional to or more stringent than the regulation prescribed by the

10 Secretary, whether—

11 (i) the State law or regulation has no safety benefit;

12 (ii) the State law or regulation is incompatible with the regula13 tion prescribed by the Secretary; or

14 (iii) enforcement of the State law or regulation would cause an

15 unreasonable burden on interstate commerce; and

16 (C) notify the Secretary of the Panel’s decisions under this sub17 section.

18 (c) REVIEW AND DECISIONS BY SECRETARY.—(1) The Secretary shall re19 view each State law and regulation on commercial motor vehicle safety. Not

20 later than 18 months after the date the Panel notifies the Secretary of a

21 decision under subsection (b) of this section, the Secretary shall—

22 (A) conduct a regulatory proceeding to decide under this subsection

23 whether the State law or regulation may be enforced; and

24 (B) prescribe a final regulation.

25 (2) If the Secretary decides a State law or regulation has the same effect

26 as a regulation prescribed by the Secretary under section 31136 of this title,

27 the State law or regulation may be enforced after October 29, 1989.

28 (3) If the Secretary decides a State law or regulation is less stringent

29 than a regulation prescribed by the Secretary under section 31136 of this

30 title, the State law or regulation may not be enforced after October 29,

31 1989.

32 (4) If the Secretary decides a State law or regulation is additional to or

33 more stringent than a regulation prescribed by the Secretary under section

34 31136 of this title, the State law or regulation may be enforced after Octo35 ber 29, 1989, unless the Secretary also decides that—

36 (A) the State law or regulation has no safety benefit;

37 (B) the State law or regulation is incompatible with the regulation

38 prescribed by the Secretary; or

39 (C) enforcement of the State law or regulation would cause an un40 reasonable burden on interstate commerce.
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1 (5)(A) In deciding about a State law or regulation under this subsection,

2 the Secretary shall give great weight to the corresponding decision made by

3 the Panel about that law or regulation under subsection (b) of this section.

4 (B) In deciding under paragraph (4) of this subsection whether a State

5 law or regulation will cause an unreasonable burden on interstate commerce,

6 the Secretary may consider the effect on interstate commerce of implemen7 tation of that law or regulation with the implementation of all similar laws

8 and regulations of other States.

9 (d) WAIVERS.—(1) A person (including a State) may petition the Sec10 retary for a waiver of a decision of the Secretary that a State law or regula11 tion may not be enforced under this section. The Secretary shall grant the

12 waiver, as expeditiously as possible, if the person demonstrates to the satis13 faction of the Secretary that the waiver is consistent with the public interest

14 and the safe operation of commercial motor vehicles.

15 (2) Before deciding whether to grant or deny a petition for a waiver

16 under this subsection, the Secretary shall give the petitioner an opportunity

17 for a hearing on the record.

18 (e) CONSOLIDATING PROCEEDINGS.—The Secretary may consolidate reg19 ulatory proceedings under this section if the Secretary decides that the con20 solidation will not adversely affect a party to a proceeding.

21 (f) WRITTEN NOTICE OF DECISIONS.—Not later than 10 days after mak22 ing a decision under subsection (c) of this section that a State law or regu23 lation may not be enforced, the Secretary shall give written notice to the

24 State of that decision.

25 (g) JUDICIAL REVIEW AND VENUE.—(1) Not later than 60 days after the

26 Secretary makes a decision under subsection (c) of this section, or grants

27 or denies a petition for a waiver under subsection (d) of this section, a per28 son (including a State) adversely affected by the decision, grant, or denial

29 may file a petition for judicial review. The petition may be filed in the court

30 of appeals of the United States for the District of Columbia Circuit or in

31 the court of appeals of the United States for the circuit in which the person

32 resides or has its principal place of business.

33 (2) The court has jurisdiction to review the decision, grant, or denial and

34 to grant appropriate relief, including interim relief, as provided in chapter

35 7 of title 5.

36 (3) A judgment of a court under this subsection may be reviewed only

37 by the Supreme Court under section 1254 of title 28.

38 (4) The remedies provided for in this subsection are in addition to other

39 remedies provided by law.

40 (h) EXTENSIONS OF DEADLINE.—(1) The Secretary may extend, for a

41 period of not more than 12 months, the deadline of October 29, 1989, re-
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1 ferred to in subsections (a) and (c) of this section and section 31140(a) of

2 this title. On request of a State that is considering enacting a State law

3 or prescribing a State regulation that may be enforced under this section,

4 the Secretary—

5 (A) shall extend the deadline for that State for the period the State

6 requests (but not more than 12 months); and

7 (B) may extend the deadline for that State, in addition to the exten8 sion under clause (A) of this paragraph, for a period of not more than

9 12 more months if the additional extension is not contrary to the public

10 interest and does not diminish the safe operation of commercial motor

11 vehicles.

12 (2) The total periods of extensions under this subsection for a State may

13 not be more than 24 months.

14 (i) INITIATING REVIEW PROCEEDINGS.—To review a State law or regula15 tion on commercial motor vehicle safety under this section, the Secretary

16 may initiate a regulatory proceeding on the Secretary’s own initiative or on

17 petition of an interested person (including a State).

18 § 31142. Inspection of vehicles

19 (a) INSPECTION OF SAFETY EQUIPMENT.—On the instruction of an au20 thorized enforcement official of a State or of the United States Government,

21 a commercial motor vehicle is required to pass an inspection of all safety

22 equipment required under part 393 of title 49, Code of Federal Regulations.

23 (b) INSPECTION OF VEHICLES AND RECORD RETENTION.—The Secretary

24 of Transportation shall prescribe regulations on Government standards for

25 inspection of commercial motor vehicles and retention by employers of

26 records of an inspection. The standards shall provide for annual or more

27 frequent inspections of a commercial motor vehicle unless the Secretary

28 finds that another inspection system is as effective as an annual or more

29 frequent inspection system. Regulations prescribed under this subsection are

30 deemed to be regulations prescribed under section 31136 of this title.

31 (c) PREEMPTION.—(1) Except as provided in paragraph (2) of this sub32 section, this subchapter and section 31102 of this title do not—

33 (A) prevent a State or voluntary group of States from imposing more

34 stringent standards for use in their own periodic roadside inspection

35 programs of commercial motor vehicles;

36 (B) prevent a State from enforcing a program for inspection of com37 mercial motor vehicles that the Secretary decides is as effective as the

38 Government standards prescribed under subsection (b) of this section;

39 (C) prevent a State from enforcing a program for inspection of com40 mercial motor vehicles that meets the requirements for membership in
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1 the Commercial Vehicle Safety Alliance, as those requirements were in

2 effect on October 30, 1984; or

3 (D) require a State that is enforcing a program described in clause

4 (B) or (C) of this paragraph to enforce a Government standard pre5 scribed under subsection (b) of this section or to adopt a provision on

6 inspection of commercial motor vehicles in addition to that program to

7 comply with the Government standards.

8 (2) The Government standards prescribed under subsection (b) of this

9 section shall preempt a program of a State described in paragraph (1)(C)

10 of this subsection as the program applies to the inspection of commercial

11 motor vehicles in that State. The State may not enforce the program if the

12 Secretary—

13 (A) decides, after notice and an opportunity for a hearing, that the

14 State is not enforcing the program in a way that achieves the objectives

15 of this section; and

16 (B) after making a decision under clause (A) of this paragraph, pro17 vides the State with a 6-month period to improve the enforcement of

18 the program to achieve the objectives of this section.

19 (d) INSPECTION TO BE ACCEPTED AS ADEQUATE IN ALL STATES.—A

20 periodic inspection of a commercial motor vehicle under the Government

21 standards prescribed under subsection (b) of this section or a program de22 scribed in subsection (c)(1)(B) or (C) of this section that is being enforced

23 shall be recognized as adequate in every State for the period of the inspec24 tion. This subsection does not prohibit a State from making random inspec25 tions of commercial motor vehicles.

26 (e) EFFECT OF GOVERNMENT STANDARDS.—The Government standards

27 prescribed under subsection (b) of this section may not be enforced as the

28 standards apply to the inspection of commercial motor vehicles in a State

29 enforcing a program described in subsection (c)(1)(B) or (C) of this section

30 if the Secretary decides that it is in the public interest and consistent with

31 public safety for the Government standards not to be enforced as they apply

32 to that inspection.

33 (f) APPLICATION OF STATE REGULATIONS TO GOVERNMENT-LEASED VE34 HICLES AND OPERATORS.—A State receiving financial assistance under sec35 tion 31102 of this title in a fiscal year may enforce in that fiscal year a

36 regulation on commercial motor vehicle safety adopted by the State as the

37 regulation applies to commercial motor vehicles and operators leased to the

38 Government.
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1 § 31143. Investigating complaints and protecting complain2 ants

3 (a) INVESTIGATING COMPLAINTS.—The Secretary of Transportation shall

4 conduct a timely investigation of a nonfrivolous written complaint alleging

5 that a substantial violation of a regulation prescribed under this subchapter

6 is occurring or has occurred within the prior 60 days. The Secretary shall

7 give the complainant timely notice of the findings of the investigation. The

8 Secretary is not required to conduct separate investigations of duplicative

9 complaints.

10 (b) PROTECTING COMPLAINANTS.—Notwithstanding section 552 of title

11 5, the Secretary may disclose the identity of a complainant only if disclosure

12 is necessary to prosecute a violation. If disclosure becomes necessary, the

13 Secretary shall take every practical means within the Secretary’s authority

14 to ensure that the complainant is not subject to harassment, intimidation,

15 disciplinary action, discrimination, or financial loss because of the disclo16 sure.

17 § 31144. Safety fitness of owners and operators

18 (a) PROCEDURE.—(1) In cooperation with the Interstate Commerce Com19 mission, the Secretary of Transportation shall prescribe regulations estab20 lishing a procedure to decide on the safety fitness of owners and operators

21 of commercial motor vehicles, including persons seeking new or additional

22 operating authority as motor carriers under sections 10922 and 10923 of

23 this title. The procedure shall include—

24 (A) specific initial and continuing requirements to be met by the

25 owners, operators, and persons to prove safety fitness;

26 (B) a means of deciding whether the owners, operators, and persons

27 meet the safety fitness requirements under clause (A) of this para28 graph; and

29 (C) specific time deadlines for action by the Secretary and the Com30 mission in making fitness decisions.

31 (2) Regulations prescribed under this subsection supersede all regulations

32 of the United States Government on safety fitness and safety rating of

33 motor carriers in effect on October 30, 1984.

34 (b) FINDINGS AND ACTION ON APPLICATIONS.—The Commission shall—

35 (1) find an applicant for authority to operate as a motor carrier

36 unfit if the applicant does not meet the safety fitness requirements es37 tablished under subsection (a) of this section; and

38 (2) deny the application.
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1 § 31145. Coordination of Governmental activities and paper2 work

3 The Secretary of Transportation shall coordinate the activities of depart4 ments, agencies, and instrumentalities of the United States Government to

5 ensure adequate protection of the safety and health of operators of commer6 cial motor vehicles. The Secretary shall attempt to minimize paperwork bur7 dens to ensure maximum coordination and to avoid overlap and the imposi8 tion of unreasonable burdens on persons subject to regulations under this

9 subchapter.

10 § 31146. Relationship to other laws

11 Except as provided in section 31136(b) of this title, this subchapter and

12 the regulations prescribed under this subchapter do not affect chapter 51

13 of this title or a regulation prescribed under chapter 51.

14 § 31147. Limitations on authority

15 (a) TRAFFIC REGULATIONS.—This subchapter does not authorize the

16 Secretary of Transportation to prescribe traffic safety regulations or pre17 empt State traffic regulations. However, the Secretary may prescribe traffic

18 regulations to the extent their subject matter was regulated under parts

19 390–399 of title 49, Code of Federal Regulations, on October 30, 1984.

20 (b) REGULATING THE MANUFACTURING OF VEHICLES.—This subchapter

21 does not authorize the Secretary to regulate the manufacture of commercial

22 motor vehicles for any purpose, including fuel economy, safety, or emission

23 control.

24 SUBCHAPTER IV—MISCELLANEOUS

25 § 31161. Procedures to ensure timely correction of safety

26 violations

27 (a) DEFINITION.—Section 31132(1) of this title applies to this section.

28 (b) GENERAL.—Not later than August 3, 1991, the Secretary of Trans29 portation shall prescribe regulations establishing procedures to ensure the

30 proper and timely correction of commercial motor vehicle safety violations

31 noted during an inspection carried out with money authorized under section

32 31104 of this title.

33 (c) VERIFICATION PROGRAM.—The regulations shall establish a verifica34 tion program for United States Government inspectors and States partici35 pating under section 31102 of this title to ensure that commercial motor

36 vehicles and their operators found in violation of safety requirements have

37 been brought into compliance with those requirements. The regulations shall

38 include—

39 (1) a nationwide system for random reinspection of the commercial

40 motor vehicles and their operators that have been declared out-of-serv41 ice because of those safety violations, with the main purpose of the sys-
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1 tem being to verify that the violations have been corrected on a timely

2 basis;

3 (2) a program of accountability for correcting all safety violations

4 that shall provide that—

5 (A) the operator of a commercial motor vehicle for which a safe6 ty violation has been noted shall be issued a form prescribed by

7 the Secretary;

8 (B) the person making the repairs necessary to correct the vio9 lation shall certify on the form the making of repairs and the date,

10 location, and time of the repairs;

11 (C) the motor carrier responsible for the commercial motor vehi12 cle or operator shall certify on the form that, based on the car13 rier’s knowledge, the repairs necessary to correct the violation

14 have been made; and

15 (D) appropriate State penalties shall be imposed for a false

16 statement on the form or a failure to return the form to the ap17 propriate State entity; and

18 (3) a system for ensuring that appropriate State penalties are im19 posed for failure to correct any of those safety violations.

20 § 31162. Compliance review priority

21 If the Secretary of Transportation identifies a pattern of violations of

22 State or local traffic safety laws or regulations or commercial motor vehicle

23 safety regulations, standards, or orders among drivers of commercial motor

24 vehicles employed by a particular motor carrier, the Secretary or a State

25 representative shall ensure that the motor carrier receives a high priority

26 for review of that carrier’s compliance with applicable United States Gov27 ernment and State commercial motor vehicle safety regulations.

28 CHAPTER 313—COMMERCIAL MOTOR VEHICLE

29 OPERATORS

Sec.

31301. Definitions.

31302. Limitation on the number of driver’s licenses.

31303. Notification requirements.

31304. Employer responsibilities.

31305. General driver fitness and testing.

31306. Alcohol and controlled substances testing.

31307. Minimum training requirements for operators of longer combination vehicles.

31308. Commercial driver’s license.

31309. Commercial driver’s license information system.

31310. Disqualifications.

31311. Requirements for State participation.

31312. Grants for testing and ensuring the fitness of operators of commercial motor vehicles.

31313. Grants for issuing commercial drivers’ licenses and complying with State participation

requirements.

31314. Withholding amounts for State noncompliance.

31315. Waiver authority.

31316. Limitation on statutory construction.
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31317. Procedure for prescribing regulations.

1 § 31301. Definitions

2 In this chapter—

3 (1) ‘‘alcohol’’ has the same meaning given the term ‘‘alcoholic bev4 erage’’ in section 158(c) of title 23.

5 (2) ‘‘commerce’’ means trade, traffic, and transportation—

6 (A) in the jurisdiction of the United States between a place in

7 a State and a place outside that State (including a place outside

8 the United States); or

9 (B) in the United States that affects trade, traffic, and trans10 portation described in subclause (A) of this clause.

11 (3) ‘‘commercial driver’s license’’ means a license issued by a State

12 to an individual authorizing the individual to operate a class of com13 mercial motor vehicles.

14 (4) ‘‘commercial motor vehicle’’ means a motor vehicle used in com15 merce to transport passengers or property that—

16 (A) has a gross vehicle weight rating of at least 26,001 pounds

17 or a lesser gross vehicle weight rating the Secretary of Transpor18 tation prescribes by regulation, but not less than a gross vehicle

19 weight rating of 10,001 pounds;

20 (B) is designed to transport at least 16 passengers including the

21 driver; or

22 (C) is used to transport material found by the Secretary to be

23 hazardous under section 5103 of this title, except that a vehicle

24 shall not be included as a commercial motor vehicle under this

25 subclause if—

26 (i) the vehicle does not satisfy the weight requirements of

27 subclause (A) of this clause;

28 (ii) the vehicle transporting material listed as hazardous

29 under section 306(a) of the Comprehensive Environmental

30 Response, Compensation, and Liability Act of 1980 (42

31 U.S.C. 9656(a)) and not otherwise regulated by the Secretary

32 or transporting a consumer commodity or limited quantity of

33 hazardous material as defined in section 171.8 of title 49,

34 Code of Federal Regulations; and

35 (iii) the Secretary does not deny the application of this ex36 ception to the vehicle (individually or as part of a class of

37 motor vehicles) in the interest of safety.

38 (5) except in section 31306, ‘‘controlled substance’’ has the same

39 meaning given that term in section 102 of the Comprehensive Drug

40 Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
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1 (6) ‘‘driver’s license’’ means a license issued by a State to an individ2 ual authorizing the individual to operate a motor vehicle on highways.

3 (7) ‘‘employee’’ means an operator of a commercial motor vehicle (in4 cluding an independent contractor when operating a commercial motor

5 vehicle) who is employed by an employer.

6 (8) ‘‘employer’’ means a person (including the United States Govern7 ment, a State, or a political subdivision of a State) that owns or leases

8 a commercial motor vehicle or assigns employees to operate a commer9 cial motor vehicle.

10 (9) ‘‘felony’’ means an offense under a law of the United States or

11 a State that is punishable by death or imprisonment for more than one

12 year.

13 (10) ‘‘hazardous material’’ has the same meaning given that term in

14 section 5102 of this title.

15 (11) ‘‘motor vehicle’’ means a vehicle, machine, tractor, trailer, or

16 semitrailer propelled or drawn by mechanical power and used on public

17 streets, roads, or highways, but does not include a vehicle, machine,

18 tractor, trailer, or semitrailer operated only on a rail line or custom

19 harvesting farm machinery.

20 (12) ‘‘serious traffic violation’’ means—

21 (A) excessive speeding, as defined by the Secretary by regula22 tion;

23 (B) reckless driving, as defined under State or local law;

24 (C) a violation of a State or local law on motor vehicle traffic

25 control (except a parking violation) and involving a fatality; and

26 (D) any other similar violation of a State or local law on motor

27 vehicle traffic control (except a parking violation) that the Sec28 retary designates by regulation as serious.

29 (13) ‘‘State’’ means a State of the United States and the District

30 of Columbia.

31 (14) ‘‘United States’’ means the States of the United States and the

32 District of Columbia.

33 § 31302. Limitation on the number of driver’s licenses

34 An individual operating a commercial motor vehicle may have only one

35 driver’s license at any time, except during the 10-day period beginning on

36 the date the individual is issued a driver’s license.

37 § 31303. Notification requirements

38 (a) VIOLATIONS.—An individual operating a commercial motor vehicle,

39 having a driver’s license issued by a State, and violating a State or local

40 law on motor vehicle traffic control (except a parking violation) shall notify

41 the individual’s employer of the violation. If the violation occurred in a State
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1 other than the issuing State, the individual also shall notify a State official

2 designated by the issuing State. The notifications required by this sub3 section shall be made not later than 30 days after the date the individual

4 is found to have committed the violation.

5 (b) REVOCATIONS, SUSPENSIONS, AND CANCELLATIONS.—An employee

6 who has a driver’s license revoked, suspended, or canceled by a State, who

7 loses the right to operate a commercial motor vehicle in a State for any pe8 riod, or who is disqualified from operating a commercial motor vehicle for

9 any period, shall notify the employee’s employer of the action not later than

10 30 days after the date of the action.

11 (c) PREVIOUS EMPLOYMENT.—(1) Subject to paragraph (2) of this sub12 section, an individual applying for employment as an operator of a commer13 cial motor vehicle shall notify the prospective employer, at the time of the

14 application, of any previous employment as an operator of a commercial

15 motor vehicle.

16 (2) The Secretary of Transportation shall prescribe by regulation the pe17 riod for which notice of previous employment must be given under para18 graph (1) of this subsection. However, the period may not be less than the

19 10-year period ending on the date of the application.

20 § 31304. Employer responsibilities

21 An employer may not knowingly allow an employee to operate a commer22 cial motor vehicle in the United States during a period in which the em23 ployee—

24 (1) has a driver’s license revoked, suspended, or canceled by a State,

25 has lost the right to operate a commercial motor vehicle in a State, or

26 has been disqualified from operating a commercial motor vehicle; or

27 (2) has more than one driver’s license (except as allowed under sec28 tion 31302 of this title).

29 § 31305. General driver fitness and testing

30 (a) MINIMUM STANDARDS FOR TESTING AND FITNESS.—The Secretary

31 of Transportation shall prescribe regulations on minimum standards for

32 testing and ensuring the fitness of an individual operating a commercial

33 motor vehicle. The regulations—

34 (1) shall prescribe minimum standards for written and driving tests

35 of an individual operating a commercial motor vehicle;

36 (2) shall require an individual who operates or will operate a com37 mercial motor vehicle to take a driving test in a vehicle representative

38 of the type of vehicle the individual operates or will operate;

39 (3) shall prescribe minimum testing standards for the operation of

40 a commercial motor vehicle and may prescribe different minimum test41 ing standards for different classes of commercial motor vehicles;
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1 (4) shall ensure that an individual taking the tests has a working

2 knowledge of—

3 (A) regulations on the safe operation of a commercial motor ve4 hicle prescribed by the Secretary and contained in title 49, Code

5 of Federal Regulations; and

6 (B) safety systems of the vehicle;

7 (5) shall ensure that an individual who operates or will operate a

8 commercial motor vehicle carrying a hazardous material—

9 (A) is qualified to operate the vehicle under regulations on

10 motor vehicle transportation of hazardous material prescribed

11 under chapter 51 of this title; and

12 (B) has a working knowledge of—

13 (i) those regulations;

14 (ii) the handling of hazardous material;

15 (iii) the operation of emergency equipment used in response

16 to emergencies arising out of the transportation of hazardous

17 material; and

18 (iv) appropriate response procedures to follow in those

19 emergencies;

20 (6) shall establish minimum scores for passing the tests;

21 (7) shall ensure that an individual taking the tests is qualified to op22 erate a commercial motor vehicle under regulations prescribed by the

23 Secretary and contained in title 49, Code of Federal Regulations, to

24 the extent the regulations apply to the individual; and

25 (8) may require—

26 (A) issuance of a certification of fitness to operate a commercial

27 motor vehicle to an individual passing the tests; and

28 (B) the individual to have a copy of the certification in the indi29 vidual’s possession when the individual is operating a commercial

30 motor vehicle.

31 (b) REQUIREMENTS FOR OPERATING VEHICLES.—(1) Except as provided

32 in paragraph (2) of this subsection, an individual may operate a commercial

33 motor vehicle only if the individual has passed written and driving tests to

34 operate the vehicle that meet the minimum standards prescribed by the Sec35 retary under subsection (a) of this section.

36 (2) The Secretary may prescribe regulations providing that an individual

37 may operate a commercial motor vehicle for not more than 90 days if the

38 individual—

39 (A) passes a driving test for operating a commercial motor vehicle

40 that meets the minimum standards prescribed under subsection (a) of

41 this section; and
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1 (B) has a driver’s license that is not suspended, revoked, or canceled.

2 § 31306. Alcohol and controlled substances testing

3 (a) DEFINITION.—In this section, ‘‘controlled substance’’ means any sub4 stance under section 102 of the Comprehensive Drug Abuse Prevention and

5 Control Act of 1970 (21 U.S.C. 802) specified by the Secretary of Trans6 portation.

7 (b) TESTING PROGRAM FOR OPERATORS OF COMMERCIAL MOTOR VEHI8 CLES.—(1)(A) In the interest of commercial motor vehicle safety, the Sec9 retary of Transportation shall prescribe regulations not later than October

10 28, 1992, that establish a program requiring motor carriers to conduct

11 preemployment, reasonable suspicion, random, and post-accident testing of

12 operators of commercial motor vehicles for the use of alcohol or a controlled

13 substance in violation of law or a United States Government regulation.

14 (B) When the Secretary of Transportation considers it appropriate in the

15 interest of safety, the Secretary may prescribe regulations for conducting

16 periodic recurring testing of operators of commercial motor vehicles for the

17 use of alcohol or a controlled substance in violation of law or a Government

18 regulation.

19 (2) In prescribing regulations under this subsection, the Secretary of

20 Transportation—

21 (A) shall require that post-accident testing of an operator of a com22 mercial motor vehicle be conducted when loss of human life occurs in

23 an accident involving a commercial motor vehicle; and

24 (B) may require that post-accident testing of such an operator be

25 conducted when bodily injury or significant property damage occurs in

26 any other serious accident involving a commercial motor vehicle.

27 (c) TESTING AND LABORATORY REQUIREMENTS.—In carrying out sub28 section (b) of this section, the Secretary of Transportation shall develop re29 quirements that shall—

30 (1) promote, to the maximum extent practicable, individual privacy

31 in the collection of specimens;

32 (2) for laboratories and testing procedures for controlled substances,

33 incorporate the Department of Health and Human Services scientific

34 and technical guidelines dated April 11, 1988, and any amendments to

35 those guidelines, including mandatory guidelines establishing—

36 (A) comprehensive standards for every aspect of laboratory con37 trolled substances testing and laboratory procedures to be applied

38 in carrying out this section, including standards requiring the use

39 of the best available technology to ensure the complete reliability

40 and accuracy of controlled substances tests and strict procedures
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1 governing the chain of custody of specimens collected for con2 trolled substances testing;

3 (B) the minimum list of controlled substances for which individ4 uals may be tested; and

5 (C) appropriate standards and procedures for periodic review of

6 laboratories and criteria for certification and revocation of certifi7 cation of laboratories to perform controlled substances testing in

8 carrying out this section;

9 (3) require that a laboratory involved in testing under this section

10 have the capability and facility, at the laboratory, of performing screen11 ing and confirmation tests;

12 (4) provide that any test indicating the use of alcohol or a controlled

13 substance in violation of law or a Government regulation be confirmed

14 by a scientifically recognized method of testing capable of providing

15 quantitative information about alcohol or a controlled substance;

16 (5) provide that each specimen be subdivided, secured, and labeled

17 in the presence of the tested individual and that a part of the specimen

18 be retained in a secure manner to prevent the possibility of tampering,

19 so that if the individual’s confirmation test results are positive the indi20 vidual has an opportunity to have the retained part tested by a 2d con21 firmation test done independently at another certified laboratory if the

22 individual requests the 2d confirmation test not later than 3 days after

23 being advised of the results of the first confirmation test;

24 (6) ensure appropriate safeguards for testing to detect and quantify

25 alcohol in breath and body fluid samples, including urine and blood,

26 through the development of regulations that may be necessary and in

27 consultation with the Secretary of Health and Human Services;

28 (7) provide for the confidentiality of test results and medical infor29 mation (except information about alcohol or a controlled substance) of

30 employees, except that this clause does not prevent the use of test re31 sults for the orderly imposition of appropriate sanctions under this sec32 tion; and

33 (8) ensure that employees are selected for tests by nondiscriminatory

34 and impartial methods, so that no employee is harassed by being treat35 ed differently from other employees in similar circumstances.

36 (d) TESTING AS PART OF MEDICAL EXAMINATION.—The Secretary of

37 Transportation may provide that testing under subsection (a) of this section

38 for operators subject to subpart E of part 391 of title 49, Code of Federal

39 Regulations, be conducted as part of the medical examination required

40 under that subpart.
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1 (e) REHABILITATION.—The Secretary of Transportation shall prescribe

2 regulations establishing requirements for rehabilitation programs that pro3 vide for the identification and opportunity for treatment of operators of

4 commercial motor vehicles who are found to have used alcohol or a con5 trolled substance in violation of law or a Government regulation. The Sec6 retary shall decide on the circumstances under which those operators shall

7 be required to participate in a program. This section does not prevent a

8 motor carrier from establishing a program under this section in cooperation

9 with another motor carrier.

10 (f) SANCTIONS.—The Secretary of Transportation shall decide on appro11 priate sanctions for a commercial motor vehicle operator who is found,

12 based on tests conducted and confirmed under this section, to have used al13 cohol or a controlled substance in violation of law or a Government regula14 tion but who is not under the influence of alcohol or a controlled substance

15 as provided in this chapter.

16 (g) EFFECT ON STATE AND LOCAL GOVERNMENT REGULATIONS.—A

17 State or local government may not prescribe or continue in effect a law, reg18 ulation, standard, or order that is inconsistent with regulations prescribed

19 under this section. However, a regulation prescribed under this section may

20 not be construed to preempt a State criminal law that imposes sanctions

21 for reckless conduct leading to loss of life, injury, or damage to property.

22 (h) INTERNATIONAL OBLIGATIONS AND FOREIGN LAWS.—In prescribing

23 regulations under this section, the Secretary of Transportation—

24 (1) shall establish only requirements that are consistent with inter25 national obligations of the United States; and

26 (2) shall consider applicable laws and regulations of foreign coun27 tries.

28 (i) OTHER REGULATIONS ALLOWED.—This section does not prevent the

29 Secretary of Transportation from continuing in effect, amending, or further

30 supplementing a regulation prescribed before October 28, 1991, governing

31 the use of alcohol or a controlled substance by commercial motor vehicle em32 ployees.

33 (j) APPLICATION OF PENALTIES.—This section does not supersede a pen34 alty applicable to an operator of a commercial motor vehicle under this

35 chapter or another law.

36 § 31307. Minimum training requirements for operators of

37 longer combination vehicles

38 (a) DEFINITION.—In this section, ‘‘longer combination vehicle’’ means a

39 vehicle consisting of a truck tractor and more than one trailer or semitrailer

40 that operates on the Dwight D. Eisenhower System of Interstate and De41 fense Highways with a gross vehicle weight of more than 80,000 pounds.
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1 (b) Not later than December 18, 1994, the Secretary of Transportation

2 shall prescribe regulations establishing minimum training requirements for

3 operators of longer combination vehicles. The training shall include certifi4 cation of an operator’s proficiency by an instructor who has met the require5 ments established by the Secretary.

6 § 31308. Commercial driver’s license

7 After consultation with the States, the Secretary of Transportation shall

8 prescribe regulations on minimum uniform standards for the issuance of

9 commercial drivers’ licenses by the States and for information to be con10 tained on each of the licenses. The standards shall require at a minimum

11 that—

12 (1) an individual issued a commercial driver’s license pass written

13 and driving tests for the operation of a commercial motor vehicle that

14 comply with the minimum standards prescribed by the Secretary under

15 section 31305(a) of this title;

16 (2) the license be tamperproof to the maximum extent practicable;

17 and

18 (3) the license contain—

19 (A) the name and address of the individual issued the license

20 and a physical description of the individual;

21 (B) the social security account number or other number or in22 formation the Secretary decides is appropriate to identify the indi23 vidual;

24 (C) the class or type of commercial motor vehicle the individual

25 is authorized to operate under the license;

26 (D) the name of the State that issued the license; and

27 (E) the dates between which the license is valid.

28 § 31309. Commercial driver’s license information system

29 (a) GENERAL REQUIREMENT.—The Secretary of Transportation shall

30 make an agreement under subsection (b) of this section for the operation

31 of, or establish under subsection (c) of this section, an information system

32 that will serve as a clearinghouse and depository of information about the

33 licensing, identification, and disqualification of operators of commercial

34 motor vehicles. The Secretary shall consult with the States in carrying out

35 this section.

36 (b) STATE AGREEMENTS.—If the Secretary decides that an information

37 system used by a State or States about the driving status of operators of

38 motor vehicles or another State-operated information system could be used

39 to carry out this section, and the State or States agree to the use of the

40 system for carrying out this section, the Secretary may make an agreement

41 with the State or States to use the system as provided in this section and
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1 section 31311(c) of this title. An agreement made under this subsection

2 shall contain terms the Secretary considers necessary to carry out this chap3 ter.

4 (c) ESTABLISHMENT BY SECRETARY.—If the Secretary does not make an

5 agreement under subsection (b) of this section, the Secretary shall establish

6 an information system about the driving status and licensing of operators

7 of commercial motor vehicles as provided in this section.

8 (d) CONTENTS.—(1) At a minimum, the information system under this

9 section shall include for each operator of a commercial motor vehicle—

10 (A) information the Secretary considers appropriate to ensure identi11 fication of the operator;

12 (B) the name, address, and physical description of the operator;

13 (C) the social security account number of the operator or other num14 ber or information the Secretary considers appropriate to identify the

15 operator;

16 (D) the name of the State that issued the license to the operator;

17 (E) the dates between which the license is valid; and

18 (F) whether the operator had a commercial motor vehicle driver’s li19 cense revoked, suspended, or canceled by a State, lost the right to oper20 ate a commercial motor vehicle in a State for any period, or has been

21 disqualified from operating a commercial motor vehicle.

22 (2) Not later than December 31, 1990, the Secretary shall prescribe regu23 lations on minimum uniform standards for a biometric identification system

24 to ensure the identification of operators of commercial motor vehicles.

25 (e) AVAILABILITY OF INFORMATION.—(1) On request of a State, the Sec26 retary or the operator of the information system, as the case may be, may

27 make available to the State information in the information system under

28 this section.

29 (2) On request of an employee, the Secretary or the operator of the infor30 mation system, as the case may be, may make available to the employee in31 formation in the information system about the employee.

32 (3) On request of an employer or prospective employer of an employee

33 and after notification to the employee, the Secretary or the operator of the

34 information system, as the case may be, may make available to the employer

35 or prospective employer information in the information system about the

36 employee.

37 (4) On the request of the Secretary, the operator of the information sys38 tem shall make available to the Secretary information about the driving sta39 tus and licensing of operators of commercial motor vehicles (including infor40 mation required by subsection (d)(1) of this section).
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1 (f) FEE SYSTEM.—If the Secretary establishes an information system

2 under this section, the Secretary shall establish a fee system for using the

3 information system. Fees collected under this subsection in a fiscal year

4 shall equal as nearly as possible the costs of operating the information sys5 tem in that fiscal year. The Secretary shall deposit fees collected under this

6 subsection in the Highway Trust Fund (except the Mass Transit Account).

7 § 31310. Disqualifications

8 (a) BLOOD ALCOHOL CONCENTRATION LEVEL.—In this section, the

9 blood alcohol concentration level at or above which an individual when oper10 ating a commercial motor vehicle is deemed to be driving under the influ11 ence of alcohol is .04 percent.

12 (b) FIRST VIOLATION OR COMMITTING FELONY.—(1) Except as provided

13 in paragraph (2) of this subsection and subsection (c) of this section, the

14 Secretary of Transportation shall disqualify from operating a commercial

15 motor vehicle for at least one year an individual—

16 (A) committing a first violation of driving a commercial motor vehi17 cle under the influence of alcohol or a controlled substance;

18 (B) committing a first violation of leaving the scene of an accident

19 involving a commercial motor vehicle operated by the individual; or

20 (C) using a commercial motor vehicle in committing a felony (except

21 a felony described in subsection (d) of this section).

22 (2) If the vehicle involved in a violation referred to in paragraph (1) of

23 this subsection is transporting hazardous material required to be placarded

24 under section 5103 of this title, the Secretary shall disqualify the individual

25 for at least 3 years.

26 (c) SECOND AND MULTIPLE VIOLATIONS.—(1) Subject to paragraph (2)

27 of this subsection, the Secretary shall disqualify from operating a commer28 cial motor vehicle for life an individual—

29 (A) committing more than one violation of driving a commercial

30 motor vehicle under the influence of alcohol or a controlled substance;

31 (B) committing more than one violation of leaving the scene of an

32 accident involving a commercial motor vehicle operated by the individ33 ual;

34 (C) using a commercial motor vehicle in committing more than one

35 felony arising out of different criminal episodes; or

36 (D) committing any combination of single violations or use described

37 in clauses (A)–(C) of this paragraph.

38 (2) The Secretary may prescribe regulations establishing guidelines (in39 cluding conditions) under which a disqualification for life under paragraph

40 (1) of this subsection may be reduced to a period of not less than 10 years.
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1 (d) CONTROLLED SUBSTANCE VIOLATIONS.—The Secretary shall dis2 qualify from operating a commercial motor vehicle for life an individual who

3 uses a commercial motor vehicle in committing a felony involving manufac4 turing, distributing, or dispensing a controlled substance, or possession with

5 intent to manufacture, distribute, or dispense a controlled substance.

6 (e) SERIOUS TRAFFIC VIOLATIONS.—(1) The Secretary shall disqualify

7 from operating a commercial motor vehicle for at least 60 days an individual

8 who, in a 3-year period, commits 2 serious traffic violations involving a com9 mercial motor vehicle operated by the individual.

10 (2) The Secretary shall disqualify from operating a commercial motor ve11 hicle for at least 120 days an individual who, in a 3-year period, commits

12 3 serious traffic violations involving a commercial motor vehicle operated by

13 the individual.

14 (f) STATE DISQUALIFICATION.—Notwithstanding subsections (b)–(e) of

15 this section, the Secretary does not have to disqualify an individual from

16 operating a commercial motor vehicle if the State that issued the individual

17 a license authorizing the operation has disqualified the individual from oper18 ating a commercial motor vehicle under subsections (b)–(e). Revocation, sus19 pension, or cancellation of the license is deemed to be disqualification under

20 this subsection.

21 (g) OUT-OF-SERVICE ORDERS.—(1)(A) To enforce section 392.5 of title

22 49, Code of Federal Regulations, the Secretary shall prescribe regulations

23 establishing and enforcing an out-of-service period of 24 hours for an indi24 vidual who violates section 392.5. An individual may not violate an out-of25 service order issued under those regulations.

26 (B) The Secretary shall prescribe regulations establishing and enforcing

27 requirements for reporting out-of-service orders issued under regulations

28 prescribed under subparagraph (A) of this paragraph. Regulations pre29 scribed under this subparagraph shall require at least that an operator of

30 a commercial motor vehicle who is issued an out-of-service order to report

31 the issuance to the individual’s employer and to the State that issued the

32 operator a driver’s license.

33 (2) Not later than December 18, 1992, the Secretary shall prescribe regu34 lations establishing sanctions and penalties related to violations of out-of35 service orders by individuals operating commercial motor vehicles. The regu36 lations shall require at least that—

37 (A) an operator of a commercial motor vehicle found to have commit38 ted a first violation of an out-of-service order shall be disqualified from

39 operating such a vehicle for at least 90 days and liable for a civil pen40 alty of at least $1,000;
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1 (B) an operator of a commercial motor vehicle found to have com2 mitted a 2d violation of an out-of-service order shall be disqualified

3 from operating such a vehicle for at least one year and not more than

4 5 years and liable for a civil penalty of at least $1,000; and

5 (C) an employer that knowingly allows or requires an employee to

6 operate a commercial motor vehicle in violation of an out-of-service

7 order shall be liable for a civil penalty of not more than $10,000.

8 § 31311. Requirements for State participation

9 (a) GENERAL.—To avoid having amounts withheld from apportionment

10 under section 31314 of this title, a State shall comply with the following

11 requirements:

12 (1) The State shall adopt and carry out a program for testing and

13 ensuring the fitness of individuals to operate commercial motor vehicles

14 consistent with the minimum standards prescribed by the Secretary of

15 Transportation under section 31305(a) of this title.

16 (2) The State may issue a commercial driver’s license to an individ17 ual only if the individual passes written and driving tests for the oper18 ation of a commercial motor vehicle that comply with the minimum

19 standards.

20 (3) The State shall have in effect and enforce a law providing that

21 an individual with a blood alcohol concentration level at or above the

22 level established by section 31310(a) of this title when operating a com23 mercial motor vehicle is deemed to be driving under the influence of

24 alcohol.

25 (4) The State shall authorize an individual to operate a commercial

26 motor vehicle only by issuing a commercial driver’s license containing

27 the information described in section 31308(3) of this title.

28 (5) At least 60 days before issuing a commercial driver’s license (or

29 a shorter period the Secretary prescribes by regulation), the State shall

30 notify the Secretary or the operator of the information system under

31 section 31309 of this title, as the case may be, of the proposed issuance

32 of the license and other information the Secretary may require to en33 sure identification of the individual applying for the license.

34 (6) Before issuing a commercial driver’s license to an individual, the

35 State shall request from any other State that has issued a commercial

36 driver’s license to the individual all information about the driving

37 record of the individual.

38 (7) Not later than 30 days after issuing a commercial driver’s li39 cense, the State shall notify the Secretary or the operator of the infor40 mation system under section 31309 of this title, as the case may be,

41 of the issuance.
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1 (8) Not later than 10 days after disqualifying the holder of a com2 mercial driver’s license from operating a commercial motor vehicle (or

3 after revoking, suspending, or canceling the license) for at least 60

4 days, the State shall notify the Secretary or the operator of the infor5 mation system under section 31309 of this title, as the case may be,

6 and the State that issued the license, of the disqualification, revocation,

7 suspension, or cancellation.

8 (9) If an individual operating a commercial motor vehicle violates a

9 State or local law on motor vehicle traffic control (except a parking vio10 lation) and the individual has a driver’s license issued by another State,

11 the State in which the violation occurred shall notify a State official

12 designated by the issuing State of the violation not later than 10 days

13 after the date the individual is found to have committed the violation.

14 (10) The State may not issue a commercial driver’s license to an in15 dividual during a period in which the individual is disqualified from op16 erating a commercial motor vehicle or the individual’s driver’s license

17 is revoked, suspended, or canceled.

18 (11) The State may issue a commercial driver’s license to an individ19 ual who has a commercial driver’s license issued by another State only

20 if the individual first returns the driver’s license issued by the other

21 State.

22 (12) The State may issue a commercial driver’s license only to an

23 individual who operates or will operate a commercial motor vehicle and

24 is domiciled in the State, except that, under regulations the Secretary

25 shall prescribe, the State may issue a commercial driver’s license to an

26 individual who operates or will operate a commercial motor vehicle and

27 is not domiciled in a State that issues commercial drivers’ licenses.

28 (13) The State shall impose penalties the State considers appropriate

29 and the Secretary approves for an individual operating a commercial

30 motor vehicle when the individual—

31 (A) does not have a commercial driver’s license;

32 (B) has a driver’s license revoked, suspended, or canceled; or

33 (C) is disqualified from operating a commercial motor vehicle.

34 (14) The State shall allow an individual to operate a commercial

35 motor vehicle in the State if—

36 (A) the individual has a commercial driver’s license issued by

37 another State under the minimum standards prescribed by the

38 Secretary under section 31305(a) of this title;

39 (B) the license is not revoked, suspended, or canceled; and

40 (C) the individual is not disqualified from operating a commer41 cial motor vehicle.
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1 (15) The State shall disqualify an individual from operating a com2 mercial motor vehicle for the same reasons and time periods for which

3 the Secretary shall disqualify the individual under section 31310(b)–(e)

4 of this title.

5 (16)(A) Before issuing a commercial driver’s license to an individual,

6 the State shall request the Secretary for information from the National

7 Driver Register maintained under chapter 303 of this title (after the

8 Secretary decides the Register is operational) on whether the individ9 ual—

10 (i) has been disqualified from operating a motor vehicle (except

11 a commercial motor vehicle);

12 (ii) has had a license (except a license authorizing the individual

13 to operate a commercial motor vehicle) revoked, suspended, or

14 canceled for cause in the 3-year period ending on the date of ap15 plication for the commercial driver’s license; or

16 (iii) has been convicted of an offense specified in section

17 30304(a)(3) of this title.

18 (B) The State shall give full weight and consideration to that infor19 mation in deciding whether to issue the individual a commercial driv20 er’s license.

21 (17) The State shall adopt and enforce regulations prescribed by the

22 Secretary under section 31310(g)(1)(A) and (2) of this title.

23 (b) STATE SATISFACTION OF REQUIREMENTS.—A State may satisfy the

24 requirements of subsection (a) of this section that the State disqualify an

25 individual from operating a commercial motor vehicle by revoking, suspend26 ing, or canceling the driver’s license issued to the individual.

27 (c) NOTIFICATION.—Not later than 30 days after being notified by a

28 State of the proposed issuance of a commercial driver’s license to an individ29 ual, the Secretary or the operator of the information system under section

30 31309 of this title, as the case may be, shall notify the State whether the

31 individual has a commercial driver’s license issued by another State or has

32 been disqualified from operating a commercial motor vehicle by another

33 State or the Secretary.

34 § 31312. Grants for testing and ensuring the fitness of opera35 tors of commercial motor vehicles

36 (a) BASIC GRANTS.—(1) The Secretary of Transportation may make a

37 grant to a State under this subsection if the State—

38 (A) makes an agreement with the Secretary—

39 (i) to adopt and carry out in the fiscal year in which the grant

40 is made a program for testing and ensuring the fitness of individ41 uals who operate commercial motor vehicles under the minimum
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1 standards prescribed by the Secretary under section 31305(a) of

2 this title; and

3 (ii) to require that operators of commercial motor vehicles have

4 passed written and driving tests that meet the minimum stand5 ards; and

6 (B) has in effect and enforces in that fiscal year a law providing that

7 an individual with a blood alcohol concentration of at least .10 percent

8 when operating a commercial motor vehicle is deemed to be driving

9 under the influence of alcohol.

10 (2) A State may—

11 (A) administer driving tests referred to in paragraph (1) of this sub12 section and section 31311(a) of this title; or

13 (B) make an agreement, approved by the Secretary, for the tests to

14 be administered by a person (including a department, agency, or in15 strumentality of a local government) that meets minimum standards

16 the Secretary prescribes by regulation if—

17 (i) the agreement allows the Secretary and the State each to

18 conduct random examinations, inspections, and audits of the test19 ing without prior notification; and

20 (ii) the State annually conducts at least one onsite inspection

21 of the testing.

22 (3) The Secretary shall decide on the amount of a grant in a fiscal year

23 to be made under this subsection to a State eligible to receive the grant in

24 the fiscal year. However—

25 (A) a grant to a State under this subsection shall be at least

26 $100,000 in a fiscal year; and

27 (B) to the extent each State grant under this subsection is more

28 than $100,000 in a fiscal year, the Secretary shall ensure that those

29 States are treated equitably.

30 (4) A State receiving a grant under this subsection may use the amounts

31 provided under the grant only to test operators of commercial motor vehi32 cles.

33 (5) There is available to the Secretary to carry out this subsection

34 $lllll from amounts made available under section 31104 of this

35 title for the fiscal year ending September 30, 19l.

36 (b) SUPPLEMENTAL GRANTS.—(1) The Secretary may make a grant

37 under this subsection in a fiscal year to a State eligible to receive a grant

38 under subsection (a) of this section in that fiscal year. A grant made under

39 this subsection shall be used for testing operators of commercial motor vehi40 cles.
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1 (2) Amounts of grants under this subsection shall be distributed among

2 the States eligible to receive grants under subsection (a) of this section in

3 the fiscal year on the basis of the number of written and driving tests ad4 ministered, and the number of drivers’ licenses for the operation of commer5 cial motor vehicles issued, in the prior fiscal year.

6 (3) There is available to the Secretary to carry out this subsection

7 $lllll from amounts made available under section 31104 of this

8 title for the fiscal year ending September 30, 19l.

9 (c) MAINTENANCE OF EXPENDITURES.—The Secretary may make a

10 grant to a State under this section only if the State agrees that the total

11 expenditure of amounts of the State and political subdivisions of the State,

12 exclusive of United States Government amounts, for testing operators of

13 commercial motor vehicles will be maintained at a level at least equal to the

14 average level of that expenditure for its last 2 fiscal years before October

15 27, 1986.

16 (d) AVAILABILITY OF AMOUNTS.—(1) Amounts made available to a State

17 under this section remain available for obligation by the State for the fiscal

18 year for which the amounts are made available. Any of those amounts not

19 obligated before the last day of that fiscal year are no longer available for

20 obligation by the State and are available to the Secretary to carry out this

21 chapter.

22 (2) Amounts made available to the Secretary under this section remain

23 available until expended.

24 (e) GRANTS AS CONTRACTUAL OBLIGATIONS.—Approval by the Secretary

25 of a grant to a State under this section is a contractual obligation of the

26 Government for payment of the amount of the grant.

27 (f) TESTING AND FITNESS PROGRAM STUDIES.—In this section, develop28 ment of a program for testing and ensuring the fitness of individuals who

29 operate commercial motor vehicles includes studies of—

30 (1) the number of vehicles that will need to be tested under the pro31 gram in a calendar year;

32 (2) facilities at which testing of those individuals could be conducted;

33 and

34 (3) additional resources (including personnel) that will be necessary

35 to conduct the testing.

36 § 31313. Grants for issuing commercial drivers’ licenses and

37 complying with State participation requirements

38 (a) GENERAL AUTHORITY.—The Secretary of Transportation may make

39 a grant under this section to a State in a fiscal year if the State makes

40 an agreement with the Secretary to participate in that fiscal year in the

41 commercial driver’s license program established by this chapter and the in-
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1 formation system required by section 31309 of this title and to comply with

2 the requirements of section 31311(a) of this title.

3 (b) AMOUNTS OF GRANTS.—The Secretary shall decide on the amount of

4 a grant in a fiscal year to be made under this section to a State eligible

5 to receive the grant in the fiscal year. However—

6 (1) a grant to a State under this section shall be at least $100,000

7 in a fiscal year; and

8 (2) to the extent each State grant under this section is more than

9 $100,000 in a fiscal year, the Secretary shall ensure that those States

10 are treated equitably.

11 (c) LIMITATION ON USE.—A State receiving a grant under this section

12 may use the amounts provided under the grant only for issuing commercial

13 drivers’ licenses and complying with the requirements of section 31311(a)

14 of this title.

15 (d) AVAILABILITY OF AMOUNTS.—(1) Amounts made available to a State

16 under this section remain available for obligation by the State for the fiscal

17 year for which the amounts are made available. Any of those amounts not

18 obligated before the last day of that fiscal year are no longer available for

19 obligation by the State and are available to the Secretary to carry out this

20 chapter.

21 (2) Amounts made available to the Secretary under this section remain

22 available until expended.

23 (e) GRANTS AS CONTRACTUAL OBLIGATIONS.—Approval by the Secretary

24 of a grant to a State under this section is a contractual obligation of the

25 United States Government for payment of the amount of the grant.

26 (f) AUTHORIZATION.—There is available to the Secretary to carry out

27 this section $lllll from amounts made available under section

28 31104 of this title for the fiscal year ending September 30, 19l.

29 § 31314. Withholding amounts for State noncompliance

30 (a) FIRST FISCAL YEAR.—The Secretary of Transportation shall withhold

31 5 percent of the amount required to be apportioned to a State under section

32 104(b)(1), (2), (5), and (6) of title 23 on the first day of the fiscal year

33 after the first fiscal year beginning after September 30, 1992, throughout

34 which the State does not comply substantially with a requirement of section

35 31311(a) of this title.

36 (b) SECOND FISCAL YEAR.—The Secretary shall withhold 10 percent of

37 the amount required to be apportioned to a State under section 104(b)(1),

38 (2), (5), and (6) of title 23 on the first day of each fiscal year after the

39 2d fiscal year beginning after September 30, 1992, throughout which the

40 State does not comply substantially with a requirement of section 31311(a)

41 of this title.
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1 (c) AVAILABILITY FOR APPORTIONMENT.—(1) Amounts withheld under

2 this section from apportionment to a State before October 1, 1995, remain

3 available for apportionment to the State as follows:

4 (A) If the amounts would have been apportioned under section

5 104(b)(5)(B) of title 23 but for this section, the amounts remain avail6 able until the end of the 2d fiscal year following the fiscal year for

7 which the amounts are authorized to be appropriated.

8 (B) If the amounts would have been apportioned under section

9 104(b)(1), (2), or (6) of title 23 but for this section, the amounts re10 main available until the end of the 3d fiscal year following the fiscal

11 year for which the amounts are authorized to be appropriated.

12 (2) Amounts withheld under this section from apportionment to a State

13 after September 30, 1995, are not available for apportionment to the State.

14 (d) APPORTIONMENT AFTER COMPLIANCE.—(1) If, before the last day of

15 the period for which amounts withheld under this section from apportion16 ment are to remain available for apportionment to a State under subsection

17 (c)(1) of this section, the State substantially complies with all of the re18 quirements of section 31311(a) of this title for a period of 365 days, the

19 Secretary, on the day following the last day of that period, shall apportion

20 to the State the withheld amounts remaining available for apportionment to

21 that State.

22 (2) Amounts apportioned under paragraph (1) of this subsection remain

23 available for expenditure until the end of the 3d fiscal year following the

24 fiscal year in which the amounts are apportioned. Amounts not obligated

25 at the end of that period lapse or, for amounts apportioned under section

26 104(b)(5) of title 23, lapse and are available for projects under section

27 118(b) of title 23.

28 (e) LAPSE.—If, at the end of the period for which amounts withheld

29 under this section from apportionment are available for apportionment to

30 a State under subsection (c)(1) of this section, the State has not substan31 tially complied with all of the requirements of section 31311(a) of this title

32 for a 365-day period, the amounts lapse or, for amounts withheld from ap33 portionment under section 104(b)(5) of title 23, the amounts lapse and are

34 available for projects under section 118(b) of title 23.

35 § 31315. Waiver authority

36 After notice and an opportunity for comment, the Secretary of Transpor37 tation may waive any part of this chapter or a regulation prescribed under

38 this chapter as it applies to a class of individuals or commercial motor vehi39 cles if the Secretary decides the waiver is not contrary to the public interest

40 and does not diminish the safe operation of commercial motor vehicles. A
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1 waiver under this section shall be published in the Federal Register with

2 reasons for the waiver.

3 § 31316. Limitation on statutory construction

4 This chapter does not affect the authority of the Secretary of Transpor5 tation to regulate commercial motor vehicle safety involving motor vehicles

6 with a gross vehicle weight rating of less than 26,001 pounds or a lesser

7 gross vehicle weight rating the Secretary decides is appropriate under sec8 tion 31301(4)(A) of this title.

9 § 31317. Procedure for prescribing regulations

10 Regulations prescribed by the Secretary of Transportation to carry out

11 this chapter (except section 31307) shall be prescribed under section 553

12 of title 5 without regard to sections 556 and 557 of title 5.

13 CHAPTER 315—MOTOR CARRIER SAFETY

Sec.

31501. Definitions.

31502. Requirements for qualifications, hours of service, safety, and equipment standards.

31503. Research, investigation, and testing.

31504. Identification of motor vehicles.

14 § 31501. Definitions

15 In this chapter—

16 (1) ‘‘migrant worker’’ means an individual going to or from employ17 ment in agriculture as provided under section 3121(g) of the Internal

18 Revenue Code of 1986 (26 U.S.C. 3121(g)) or section 203(f) of the

19 Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)).

20 (2) ‘‘motor carrier’’, ‘‘motor common carrier’’, ‘‘motor private car21 rier’’, ‘‘motor vehicle’’, and ‘‘United States’’ have the same meanings

22 given those terms in section 10102 of this title.

23 (3) ‘‘motor carrier of migrant workers’’—

24 (A) means a person (except a motor common carrier) providing

25 transportation referred to in section 10521(a) of this title by a

26 motor vehicle (except a passenger automobile or station wagon) for

27 at least 3 migrant workers at a time to or from their employment;

28 but

29 (B) does not include a migrant worker providing transportation

30 for migrant workers and their immediate families.

31 § 31502. Requirements for qualifications, hours of service,

32 safety, and equipment standards

33 (a) APPLICATION.—This section applies to transportation—

34 (1) described in sections 10521 and 10522 of this title; and

35 (2) to the extent the transportation is in the United States and is

36 between places in a foreign country, or between a place in a foreign

37 country and a place in another foreign country.
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1 (b) MOTOR CARRIER AND PRIVATE MOTOR CARRIER REQUIREMENTS.—

2 The Secretary of Transportation may prescribe requirements for—

3 (1) qualifications and maximum hours of service of employees of, and

4 safety of operation and equipment of, a motor carrier; and

5 (2) qualifications and maximum hours of service of employees of, and

6 standards of equipment of, a motor private carrier, when needed to

7 promote safety of operation.

8 (c) MIGRANT WORKER MOTOR CARRIER REQUIREMENTS.—The Secretary

9 may prescribe requirements for the comfort of passengers, qualifications and

10 maximum hours of service of operators, and safety of operation and equip11 ment of a motor carrier of migrant workers. The requirements only apply

12 to a carrier transporting a migrant worker—

13 (1) at least 75 miles; and

14 (2) across the boundary of a State, territory, or possession of the

15 United States.

16 (d) CONSIDERATIONS.—Before prescribing or revising any requirement

17 under this section, the Secretary shall consider the costs and benefits of the

18 requirement.

19 § 31503. Research, investigation, and testing

20 (a) GENERAL AUTHORITY.—The Secretary of Transportation may inves21 tigate and report on the need for regulation by the United States Govern22 ment of sizes, weight, and combinations of motor vehicles and qualifications

23 and maximum hours of service of employees of a motor carrier subject to

24 subchapter II of chapter 105 of this title and a motor private carrier. The

25 Secretary shall use the services of each department, agency, or instrumen26 tality of the Government and each organization of motor carriers having

27 special knowledge of a matter being investigated.

28 (b) USE OF SERVICES.—In carrying out this chapter, the Secretary may

29 use the services of a department, agency, or instrumentality of the Govern30 ment having special knowledge about safety, to conduct scientific and tech31 nical research, investigation, and testing when necessary to promote safety

32 of operation and equipment of motor vehicles. The Secretary may reimburse

33 the department, agency, or instrumentality for the services provided.

34 § 31504. Identification of motor vehicles

35 (a) GENERAL AUTHORITY.—The Secretary of Transportation may—

36 (1) issue and require the display of an identification plate on a motor

37 vehicle used in transportation provided by a motor private carrier and

38 a motor carrier of migrant workers subject to section 31502(c) of this

39 title, except a motor contract carrier; and

40 (2) require each of those motor private carriers and motor carriers

41 of migrant workers to pay the reasonable cost of the plate.
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1 (b) LIMITATION.—A motor private carrier or a motor carrier of migrant

2 workers may use an identification plate only as authorized by the Secretary.

3 CHAPTER 317—PARTICIPATION IN INTERNATIONAL

4 REGISTRATION PLAN AND INTERNATIONAL FUEL TAX

5 AGREEMENT

Sec.

31701. Definitions.

31702. Working group.

31703. Grants.

31704. Vehicle registration.

31705. Fuel use tax.

31706. Enforcement.

31707. Limitations on statutory construction.

31708. Authorization of appropriations.

6 § 31701. Definitions

7 In this chapter—

8 (1) ‘‘commercial motor vehicle’’, with respect to—

9 (A) the International Registration Plan, has the same meaning

10 given the term ‘‘apportionable vehicle’’ under the Plan; and

11 (B) the International Fuel Tax Agreement, has the same mean12 ing given the term ‘‘qualified motor vehicle’’ under the Agreement.

13 (2) ‘‘fuel use tax’’ means a tax imposed on or measured by the con14 sumption of fuel in a motor vehicle.

15 (3) ‘‘International Fuel Tax Agreement’’ means the interstate agree16 ment on collecting and distributing fuel use taxes paid by motor car17 riers, developed under the auspices of the National Governors’ Associa18 tion.

19 (4) ‘‘International Registration Plan’’ means the interstate agree20 ment on apportioning vehicle registration fees paid by motor carriers,

21 developed by the American Association of Motor Vehicle Administra22 tors.

23 (5) ‘‘Regional Fuel Tax Agreement’’ means the interstate agreement

24 on collecting and distributing fuel use taxes paid by motor carriers in

25 the States of Maine, Vermont, and New Hampshire.

26 (6) ‘‘State’’ means the 48 contiguous States and the District of Co27 lumbia.

28 § 31702. Working group

29 (a) ESTABLISHMENT.—The Secretary of Transportation shall establish a

30 working group of State and local government officials, including representa31 tives of the National Governors’ Association, the American Association of

32 Motor Vehicle Administrators, the National Conference of State Legisla33 tures, the Federation of Tax Administrators, and the Board of Directors for

34 the International Fuel Tax Agreement, and a representative of the Regional

35 Fuel Tax Agreement.
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1 (b) PURPOSES.—The purposes of the working group are—

2 (1) to propose procedures to resolve disputes among States partici3 pating in the International Registration Plan and among States partici4 pating in the International Fuel Tax Agreement, including designating

5 the Secretary or any other person to resolve the disputes; and

6 (2) to provide technical assistance to States participating or seeking

7 to participate in the Plan or Agreement.

8 (c) CONSULTATION REQUIREMENT.—In carrying out subsection (b) of

9 this section, the working group shall consult with members of the motor car10 rier industry.

11 (d) REPORT.—(1) Not later than December 18, 1993, the working group

12 shall submit a report to—

13 (A) the Secretary;

14 (B) the Committee on Commerce, Science, and Transportation of the

15 Senate;

16 (C) the Committee on Public Works and Transportation of the

17 House of Representatives;

18 (D) the Committee on the Judiciary of the House of Representatives;

19 (E) the States participating in the International Registration Plan;

20 and

21 (F) the States participating in the International Fuel Tax Agree22 ment.

23 (2) The report shall contain a detailed statement of the working group’s

24 findings and conclusions and its joint recommendations about the matters

25 referred to in subsection (b) of this section. After submitting the report, the

26 working group periodically may review and modify the findings and conclu27 sions and the joint recommendations as appropriate and submit a report

28 containing the modifications to the Secretary and the committees specified

29 in paragraph (1) of this subsection.

30 (e) RELATIONSHIP TO OTHER LAWS.—The Federal Advisory Committee

31 Act (5 App. U.S.C.) does not apply to the working group.

32 § 31703. Grants

33 (a) GENERAL AUTHORITY.—The Secretary of Transportation may make

34 grants to States and appropriate persons to facilitate participation in the

35 International Registration Plan and the International Fuel Tax Agreement

36 and to make administrative improvements in any other base State fuel use

37 tax agreement in existence as of January 1, 1991. A grant may include

38 amounts for technical assistance, personnel training, travel costs, and tech39 nology and equipment associated with the participation.

40 (b) CONTRACTUAL OBLIGATION.—Approval by the Secretary of a grant

41 with amounts made available under this section is a contractual obligation
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1 of the United States Government for payment of the Government’s share

2 of the grant.

3 § 31704. Vehicle registration

4 After September 30, 1996, a State that is not participating in the Inter5 national Registration Plan may not establish, maintain, or enforce a com6 mercial motor vehicle registration law, regulation, or agreement that limits

7 the operation in that State of a commercial motor vehicle that is not reg8 istered under the laws of the State, if the vehicle is registered under the

9 laws of a State participating in the Plan.

10 § 31705. Fuel use tax

11 (a) REPORTING REQUIREMENTS.—After September 30, 1996, a State

12 may establish, maintain, or enforce a law or regulation that has a fuel use

13 tax reporting requirement (including any tax reporting form) only if the re14 quirement conforms with the International Fuel Tax Agreement.

15 (b) PAYMENT.—After September 30, 1996, a State may establish, main16 tain, or enforce a law or regulation that provides for the payment of a fuel

17 use tax only if the law or regulation conforms with the International Fuel

18 Tax Agreement as it applies to collection of a fuel use tax by a single base

19 State and proportional sharing of fuel use taxes charged among the States

20 where a commercial motor vehicle is operated.

21 (c) LIMITATION.—If the International Fuel Tax Agreement is amended,

22 a State not participating in the Agreement when the amendment is made

23 is not subject to the conformity requirements of subsections (a) and (b) of

24 this section in regard to the amendment until after a reasonable time, but

25 not earlier than the expiration of—

26 (1) the 365-day period beginning on the first day that States partici27 pating in the Agreement are required to comply with the amendment;

28 or

29 (2) the 365-day period beginning on the day the relevant office of

30 the State receives written notice of the amendment from the Secretary

31 of Transportation.

32 (d) NONAPPLICATION.—This section does not apply to a State that was

33 participating in the Regional Fuel Tax Agreement on January 1, 1991, and

34 that continues to participate in that Agreement after that date.

35 § 31706. Enforcement

36 (a) CIVIL ACTIONS.—On request of the Secretary of Transportation, the

37 Attorney General may bring a civil action in a court of competent jurisdic38 tion to enforce compliance with sections 31704 and 31705 of this title.

39 (b) VENUE.—An action under this section may be brought only in the

40 State in which an order is required to enforce compliance.
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1 (c) RELIEF.—Subject to section 1341 of title 28, the court, on a proper

2 showing—

3 (1) shall issue a temporary restraining order or a preliminary or per4 manent injunction; and

5 (2) may require by the injunction that the State or any person com6 ply with sections 31704 and 31705 of this title.

7 § 31707. Limitations on statutory construction

8 Sections 31704 and 31705 of this title do not limit the amount of money

9 a State may charge for registration of a commercial motor vehicle or the

10 amount of any fuel use tax a State may impose.

11 § 31708. Authorization of appropriations

12 (a) GENERAL.—From amounts made available under section 31104 of

13 this title, the Secretary of Transportation shall provide the following

14 amounts for each of the fiscal years ending September 30, 1993-1997:

15 (1) $1,000,000 for activities of the working group under section

16 31702 of this title.

17 (2) $5,000,000 for grants under section 31703 of this title.

18 (b) AVAILABILITY OF AMOUNTS.—Amounts appropriated under this sec19 tion remain available until expended.

20 PART C—INFORMATION, STANDARDS, AND

21 REQUIREMENTS

22 CHAPTER 321—GENERAL

Sec.

32101. Definitions.

32102. Authorization of appropriations.

23 § 32101. Definitions

24 In this part (except section 32304 and chapter 329)—

25 (1) ‘‘bumper standard’’ means a minimum performance standard

26 that substantially reduces—

27 (A) the damage to the front or rear end of a passenger motor

28 vehicle from a low-speed collision (including a collision with a fixed

29 barrier) or from towing the vehicle; or

30 (B) the cost of repairing the damage.

31 (2) ‘‘insurer’’ means a person in the business of issuing, or reinsur32 ing any part of, a passenger motor vehicle insurance policy.

33 (3) ‘‘interstate commerce’’ means commerce between a place in a

34 State and—

35 (A) a place in another State; or

36 (B) another place in the same State through another State.

37 (4) ‘‘make’’, when describing a passenger motor vehicle, means the

38 trade name of the manufacturer of the vehicle.
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1 (5) ‘‘manufacturer’’ means a person—

2 (A) manufacturing or assembling passenger motor vehicles or

3 passenger motor vehicle equipment; or

4 (B) importing motor vehicles or motor vehicle equipment for re5 sale.

6 (6) ‘‘model’’, when describing a passenger motor vehicle, means a

7 category of passenger motor vehicles based on the size, style, and type

8 of a make of vehicle.

9 (7) ‘‘motor vehicle’’ means a vehicle driven or drawn by mechanical

10 power and manufactured primarily for use on public streets, roads, and

11 highways, but does not include a vehicle operated only on a rail line.

12 (8) ‘‘motor vehicle accident’’ means an accident resulting from the

13 maintenance or operation of a passenger motor vehicle or passenger

14 motor vehicle equipment.

15 (9) ‘‘multipurpose passenger vehicle’’ means a passenger motor vehi16 cle constructed on a truck chassis or with special features for occa17 sional off-road operation.

18 (10) ‘‘passenger motor vehicle’’ means a motor vehicle with motive

19 power designed to carry not more than 12 individuals, but does not in20 clude—

21 (A) a motorcycle; or

22 (B) a truck not designed primarily to carry its operator or pas23 sengers.

24 (11) ‘‘passenger motor vehicle equipment’’ means—

25 (A) a system, part, or component of a passenger motor vehicle

26 as originally made;

27 (B) a similar part or component made or sold for replacement

28 or improvement of a system, part, or component, or as an acces29 sory or addition to a passenger motor vehicle; or

30 (C) a device made or sold for use in towing a passenger motor

31 vehicle.

32 (12) ‘‘State’’ means a State of the United States, the District of Co33 lumbia, Puerto Rico, the Northern Mariana Islands, Guam, American

34 Samoa, and the Virgin Islands.

35 (13) ‘‘United States district court’’ means a district court of the

36 United States, a United States court for Guam, the Virgin Islands, and

37 American Samoa, and the district court for the Northern Mariana Is38 lands.
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1 § 32102. Authorization of appropriations

2 The following amounts may be appropriated to the Secretary of Transpor3 tation for the National Highway Traffic Safety Administration to carry out

4 this part:

5 (1) $6,731,430 for the fiscal year ending September 30, 1993.

6 (2) $6,987,224 for the fiscal year ending September 30, 1994.

7 (3) $7,252,739 for the fiscal year ending September 30, 1995.

8 CHAPTER 323—CONSUMER INFORMATION

Sec.

32301. Definitions.

32302. Passenger motor vehicle information.

32303. Insurance information.

32304. Passenger motor vehicle country of origin labeling.

32305. Information and assistance from other departments, agencies, and instrumentalities.

32306. Personnel.

32307. Investigative powers.

32308. General prohibitions, civil penalty, and enforcement.

32309. Criminal penalty for labeling violations.

9 § 32301. Definitions

10 In this chapter—

11 (1) ‘‘crashworthiness’’ means the protection a passenger motor vehi12 cle gives its passengers against personal injury or death from a motor

13 vehicle accident.

14 (2) ‘‘damage susceptibility’’ means the susceptibility of a passenger

15 motor vehicle to damage in a motor vehicle accident.

16 § 32302. Passenger motor vehicle information

17 (a) INFORMATION PROGRAM.—The Secretary of Transportation shall

18 maintain a program for developing the following information on passenger

19 motor vehicles:

20 (1) crashworthiness.

21 (2) damage susceptibility.

22 (3) the degree of difficulty of diagnosis and repair of damage to, or

23 failure of, mechanical and electrical systems.

24 (4) vehicle operating costs dependent on the characteristics referred

25 to in clauses (1)–(3) of this subsection, including insurance information

26 obtained under section 32303 of this title.

27 (b) DISTRIBUTION BY SECRETARY.—To assist a consumer in buying a

28 passenger motor vehicle, the Secretary shall distribute to the public informa29 tion developed under subsection (a) of this section. The information shall

30 be in a simple and understandable form that allows comparison of the char31 acteristics referred to in subsection (a)(1)–(3) of this section among the

32 makes and models of passenger motor vehicles. The Secretary may require

33 passenger motor vehicle dealers to distribute the information to prospective

34 buyers.
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1 (c) DISTRIBUTION BY DEALERS.—The Secretary shall prescribe regula2 tions that require passenger motor vehicle dealers to distribute to prospec3 tive buyers information the Secretary develops and provides to the dealers

4 that compares insurance costs for different makes and models of passenger

5 motor vehicles based on crashworthiness and damage susceptibility.

6 § 32303. Insurance information

7 (a) GENERAL REPORTS AND INFORMATION REQUIREMENTS.—(1) In car8 rying out this chapter, the Secretary of Transportation may require an in9 surer, or a designated agent of the insurer, to make reports and provide

10 the Secretary with information. The reports and information may include

11 accident claim information by make, model, and model year of passenger

12 motor vehicle about the kind and extent of—

13 (A) physical damage and repair costs; and

14 (B) personal injury.

15 (2) In deciding which reports and information are to be provided under

16 this subsection, the Secretary shall—

17 (A) consider the cost of preparing and providing the reports and in18 formation;

19 (B) consider the extent to which the reports and information will

20 contribute to carrying out this chapter; and

21 (C) consult with State authorities and public and private agencies

22 the Secretary considers appropriate.

23 (3) To the extent possible, the Secretary shall obtain reports and informa24 tion under this subsection on a voluntary basis.

25 (b) REQUESTED INFORMATION ON CRASHWORTHINESS, DAMAGE SUS26 CEPTIBILITY, AND REPAIR AND PERSONAL INJURY COST.—When requested

27 by the Secretary, an insurer shall give the Secretary information—

28 (1) about the extent to which the insurance premiums charged by

29 the insurer are affected by crashworthiness, damage susceptibility, and

30 the cost of repair and personal injury, for each make and model of pas31 senger motor vehicle; and

32 (2) available to the insurer about the effect of crashworthiness, dam33 age susceptibility, and the cost of repair and personal injury for each

34 make and model of passenger motor vehicle on the risk incurred by the

35 insurer in insuring that make and model.

36 (c) DISCLOSURE.—In distributing information received under this section,

37 the Secretary may disclose identifying information about a person that may

38 be an insured, a claimant, a passenger, an owner, a witness, or an individual

39 involved in a motor vehicle accident, only with the consent of the person.

40 § 32304. Passenger motor vehicle country of origin labeling

41 (a) DEFINITIONS.—In this section—
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1 (1) ‘‘allied supplier’’ means a supplier of passenger motor vehicle

2 equipment that is wholly owned by the manufacturer, or if a joint ven3 ture vehicle assembly arrangement, a supplier that is wholly owned by

4 one member of the joint venture arrangement.

5 (2)(A) ‘‘carline’’—

6 (i) means a name given a group of passenger motor vehicles

7 that has a degree of commonality in construction such as body and

8 chassis;

9 (ii) does not consider a level of decor or opulence; and

10 (iii) except for light duty trucks, is not generally distinguished

11 by characteristics such as roof line, number of doors, seats, or

12 windows; and

13 (B) light duty trucks are carlines different from other passenger

14 motor vehicles.

15 (3) ‘‘country of origin’’, when referring to the origin of an engine

16 or transmission, means the country from which the largest share of the

17 dollar value added of an engine or transmission has originated—

18 (A) with the United States and Canada treated as separate

19 countries; and

20 (B) the estimate of the percentage of the dollar value shall be

21 based on the purchase price of direct materials as received at indi22 vidual engine or transmission plants of engines of the same dis23 placement and transmissions of the same transmission type.

24 (4) ‘‘dealer’’ means a person residing or located in the United

25 States, including the District of Columbia or a territory or possession

26 of the United States, and engaged in selling or distributing new pas27 senger motor vehicles to the ultimate purchaser.

28 (5) ‘‘final assembly place’’ means the plant, factory, or other place

29 at which a new passenger motor vehicle is produced or assembled by

30 a manufacturer and from which the vehicle is delivered to a dealer or

31 importer with all component parts necessary for the mechanical oper32 ation of the vehicle included with the vehicle, whether or not the com33 ponent parts are permanently installed in or on the vehicle.

34 (6) ‘‘foreign content’’ means passenger motor vehicle equipment that

35 is not of United States/Canadian origin.

36 (7) ‘‘manufacturer’’ means a person—

37 (A) engaged in manufacturing or assembling new passenger

38 motor vehicles;

39 (B) importing new passenger motor vehicles for resale; or
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1 (C) acting for and under the control of such a manufacturer,

2 assembler, or importer in connection with the distribution of new

3 passenger motor vehicles.

4 (8) ‘‘new passenger motor vehicle’’ means a passenger motor vehicle

5 for which a manufacturer, distributor, or dealer has never transferred

6 the equitable or legal title to the vehicle to an ultimate purchaser.

7 (9) ‘‘of United States/Canadian origin’’, when referring to passenger

8 motor vehicle equipment, means—

9 (A) for an outside supplier, passenger motor vehicle equipment

10 whose purchase price contains at least 70 percent value added in

11 the United States and Canada; and

12 (B) for an allied supplier, that part of the individual passenger

13 motor vehicle equipment whose purchase price the manufacturer

14 determines remains after subtracting the total of the purchase

15 prices of all material of foreign content purchased from outside

16 suppliers, with the determination of the United States/Canadian

17 origin or of the foreign content from outside suppliers being con18 sistent with subclause (A) of this clause.

19 (10) ‘‘outside supplier’’ means a supplier of passenger motor vehicle

20 equipment to a manufacturer’s allied supplier or a person other than

21 an allied supplier who ships directly to the manufacturer’s final assem22 bly place.

23 (11) ‘‘passenger motor vehicle’’ means a motor vehicle with motive

24 power, manufactured primarily for use on public streets, roads, and

25 highways, and designed to carry not more than 12 individuals—

26 (A) including a multipurpose vehicle or light duty truck when

27 the vehicle or truck is rated at not more than 8,500 pounds gross

28 vehicle weight; but

29 (B) not including—

30 (i) a motorcycle;

31 (ii) a truck not designed primarily to carry its operator or

32 passengers; or

33 (iii) a vehicle operated only on a rail line.

34 (12) ‘‘passenger motor vehicle equipment’’—

35 (A) means a system, subassembly, or component received at the

36 final vehicle assembly place for installation on, or attachment to,

37 a passenger motor vehicle at the time of its first shipment by the

38 manufacturer to a dealer for sale to an ultimate purchaser; but

39 (B) does not include minor parts (including nuts, bolts, clips,

40 screws, pins, braces, and other attachment hardware) and other
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1 similar items the Secretary of Transportation may prescribe by

2 regulation after consulting with manufacturers and labor.

3 (13) ‘‘percentage (by value)’’, when referring to passenger motor ve4 hicle equipment of United States/Canadian origin, means the percent5 age remaining after subtracting the percentage (by value) of passenger

6 motor vehicle equipment that is not of United States/Canadian origin

7 that will be installed or included on those vehicles produced in a car8 line, from 100 percent—

9 (A) with value being expressed in terms of the purchase price;

10 and

11 (B) for outside suppliers and allied suppliers, the value used is

12 the purchase price of the equipment paid at the final assembly

13 place.

14 (14) ‘‘State’’ means a State of the United States, the District of Co15 lumbia, Puerto Rico, Guam, the Canal Zone, American Samoa, and the

16 Virgin Islands.

17 (15) ‘‘value added in the United States and Canada’’ means a per18 centage determined by subtracting the total purchase price of foreign

19 content from the total purchase price, and dividing the remainder by

20 the total purchase price, excluding costs incurred or profits made at

21 the final assembly place and beyond (including advertising, assembly,

22 labor, interest payments, and profits), with the following groupings

23 being used:

24 (A) engines of same displacement produced at the same plant.

25 (B) transmissions of the same type produced at the same plant.

26 (b) MANUFACTURER REQUIREMENT.—(1) Each manufacturer of a new

27 passenger motor vehicle manufactured after September 30, 1994, and dis28 tributed in commerce for sale in the United States, shall establish each year

29 for each model year and cause to be attached in a prominent place on each

30 of those vehicles, at least one label. The label shall contain the following

31 information:

32 (A) the percentage (by value) of passenger motor vehicle equipment

33 of United States/Canadian origin installed on vehicles in the carline to

34 which that vehicle belongs, followed by the words ‘‘U.S./Canadian con35 tent’’.

36 (B) the final assembly place for that vehicle by city, State (where

37 appropriate) and country.

38 (C) if at least 15 percent (by value) of equipment installed on pas39 senger motor vehicles in a carline originated in a country other than

40 United States and Canada, the names of at least the 2 countries in
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1 which the greatest amount (by value) of that equipment originated and

2 the percentage (by value) of the equipment originating in each country.

3 (D) the country of origin of the engine and the transmission for each

4 vehicle.

5 (2) At the beginning of each model year, each manufacturer shall estab6 lish the percentages required for each carline to be indicated on the label

7 under this subsection. Those percentages are applicable to that carline for

8 the entire model year. A manufacturer may round those percentages to the

9 nearest 5 percent.

10 (3) A manufacturer complying with the requirement of paragraph (1)(B)

11 of this subsection satisfies the disclosure requirement of section 3(b) of the

12 Automobile Information Disclosure Act (15 U.S.C. 1232(b)).

13 (c) DEALER REQUIREMENT.—Each dealer engaged in the sale or dis14 tribution of a new passenger motor vehicle manufactured after September

15 30, 1994, shall cause to be maintained on that vehicle the label required

16 to be attached to that vehicle under subsection (b) of this section.

17 (d) FORM AND CONTENT OF LABEL.—The Secretary of Transportation

18 shall prescribe by regulation the form and content of the label required

19 under subsection (b) of this section and the way and location in which the

20 label is attached. The Secretary shall permit a manufacturer to comply with

21 this section by allowing the manufacturer to disclose the information re22 quired under subsection (b)(1) on the label required by section 3 of the

23 Automobile Information Disclosure Act (15 U.S.C. 1232), on the label re24 quired by section 32908 of this title, or on a separate label that is readily

25 visible.

26 (e) REGULATIONS.—In consultation with the Secretaries of Commerce

27 and the Treasury, the Secretary of Transportation shall prescribe regula28 tions necessary to carry out this section, including regulations establishing

29 a procedure to verify the label information required under subsection (b)(1)

30 of this section. Those regulations shall provide the ultimate purchaser of a

31 new passenger motor vehicle with the best and most understandable infor32 mation possible about the foreign content and United States/Canadian ori33 gin of the equipment of the vehicles without imposing costly and unneces34 sary burdens on the manufacturers. The Secretary of Transportation shall

35 prescribe the regulations promptly to provide adequate lead time for each

36 manufacturer to comply with this section. The regulations shall include pro37 visions applicable to outside suppliers and allied suppliers to require those

38 suppliers to certify whether passenger motor vehicle equipment provided by

39 those suppliers is of United States origin, of United States/Canadian origin,

40 or of foreign content and to provide other information the Secretary of

41 Transportation decides is necessary to allow each manufacturer to comply
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1 reasonably with this section and to rely on that certification and informa2 tion.

3 (f) PREEMPTION.—(1) When a label content requirement prescribed

4 under this section is in effect, a State or a political subdivision of a State

5 may not adopt or enforce a law or regulation related to the content of vehi6 cles covered by a requirement under this section.

7 (2) A State or a political subdivision of a State may prescribe require8 ments related to the content of passenger motor vehicles obtained for its

9 own use.

10 § 32305. Information and assistance from other depart11 ments, agencies, and instrumentalities

12 (a) AUTHORITY TO REQUEST.—The Secretary of Transportation may re13 quest information necessary to carry out this chapter from a department,

14 agency, or instrumentality of the United States Government. The head of

15 the department, agency, or instrumentality shall provide the information.

16 (b) DETAILING PERSONNEL.—The head of a department, agency, or in17 strumentality may detail, on a reimbursable basis, personnel to assist the

18 Secretary in carrying out this chapter.

19 § 32306. Personnel

20 (a) GENERAL AUTHORITY.—In carrying out this chapter, the Secretary

21 of Transportation may—

22 (1) appoint and fix the pay of employees without regard to the provi23 sions of title 5 governing appointment in the competitive service and

24 chapter 51 and subchapter III of chapter 53 of title 5; and

25 (2) make contracts with persons for research and preparation of re26 ports.

27 (b) STATUS OF ADVISORY COMMITTEE MEMBERS.—A member of an ad28 visory committee appointed under section 325 of this title to carry out this

29 chapter is a special United States Government employee under chapter 11

30 of title 18.

31 § 32307. Investigative powers

32 (a) GENERAL AUTHORITY.—In carrying out this chapter, the Secretary

33 of Transportation may—

34 (1) inspect and copy records of any person at reasonable times;

35 (2) order a person to file written reports or answers to specific ques36 tions, including reports or answers under oath; and

37 (3) conduct hearings, administer oaths, take testimony, and require

38 (by subpena or otherwise) the appearance and testimony of witnesses

39 and the production of records the Secretary considers advisable.
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1 (b) WITNESS FEES AND MILEAGE.—A witness summoned under sub2 section (a) of this section is entitled to the same fee and mileage the witness

3 would have been paid in a court of the United States.

4 (c) CIVIL ACTIONS TO ENFORCE.—A civil action to enforce a subpena or

5 order of the Secretary under subsection (a) of this section may be brought

6 in the United States district court for the judicial district in which the pro7 ceeding by the Secretary is conducted. The court may punish a failure to

8 obey an order of the court to comply with the subpena or order of the Sec9 retary as a contempt of court.

10 (d) CONFIDENTIALITY OF INFORMATION.—Information obtained by the

11 Secretary under this section related to a confidential matter referred to in

12 section 1905 of title 18 may be disclosed only to another officer or employee

13 of the United States Government for use in carrying out this chapter. This

14 subsection does not authorize information to be withheld from a committee

15 of Congress authorized to have the information.

16 § 32308. General prohibitions, civil penalty, and enforce17 ment

18 (a) PROHIBITIONS.—A person may not—

19 (1) fail to provide the Secretary of Transportation with information

20 requested by the Secretary in carrying out this chapter; or

21 (2) fail to comply with applicable regulations prescribed by the Sec22 retary in carrying out this chapter.

23 (b) CIVIL PENALTY.—(1) A person that violates subsection (a) of this

24 section is liable to the United States Government for a civil penalty of not

25 more than $1,000 for each violation. Each failure to provide information or

26 comply with a regulation in violation of subsection (a) is a separate viola27 tion. The maximum penalty under this subsection for a related series of vio28 lations is $400,000.

29 (2) The Secretary may compromise the amount of a civil penalty imposed

30 under this section.

31 (3) In determining the amount of a penalty or compromise, the appro32 priateness of the penalty or compromise to the size of the business of the

33 person charged and the gravity of the violation shall be considered.

34 (4) The Government may deduct the amount of a civil penalty imposed

35 or compromised under this section from amounts it owes the person liable

36 for the penalty.

37 (c) CIVIL ACTIONS TO ENFORCE.—(1) The Attorney General may bring

38 a civil action in a United States district court to enjoin a violation of sub39 section (a) of this section.

40 (2) When practicable, the Secretary shall—
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1 (A) notify a person against whom an action under this subsection

2 is planned;

3 (B) give the person an opportunity to present that person’s views;

4 and

5 (C) give the person a reasonable opportunity to comply.

6 (3) The failure of the Secretary to comply with paragraph (2) of this sub7 section does not prevent a court from granting appropriate relief.

8 (d) VENUE AND SERVICE.—A civil action under this section may be

9 brought in the judicial district in which the violation occurred or the defend10 ant is found, resides, or does business. Process in the action may be served

11 in any other judicial district in which the defendant resides or is found. A

12 subpena for a witness in the action may be served in any judicial district.

13 § 32309. Criminal penalty for labeling violations

14 (a) DEFINITIONS.—The definitions in section 32304 of this title apply to

15 this section.

16 (b) PENALTIES.—A manufacturer of a passenger motor vehicle distrib17 uted in commerce for sale in the United States that willfully fails to attach

18 the label required under section 32304 of this title to a new passenger

19 motor vehicle that the manufacturer manufacturers or imports, or a dealer

20 that fails to maintain that label as required under section 32304, is liable

21 to the United States Government for a civil penalty of not more than

22 $1,000 for each violation. Each failure to attach or maintain that label for

23 each vehicle is a separate violation.

24 CHAPTER 325—BUMPER STANDARDS

Sec.

32501. Purpose.

32502. Bumper standards.

32503. Judicial review of bumper standards.

32504. Certificates of compliance.

32505. Information and compliance requirements.

32506. Prohibited acts.

32507. Penalties and enforcement.

32508. Civil actions by owners of passenger motor vehicles.

32509. Information and assistance from other departments, agencies, and instrumentalities.

32510. Annual report.

32511. Relationship to other motor vehicle standards.

25 § 32501. Purpose

26 The purpose of this chapter is to reduce economic loss resulting from

27 damage to passenger motor vehicles involved in motor vehicle accidents by

28 providing for the maintenance and enforcement of bumper standards.

29 § 32502. Bumper standards

30 (a) GENERAL REQUIREMENTS AND NONAPPLICATION.—The Secretary of

31 Transportation shall prescribe by regulation bumper standards for pas32 senger motor vehicles and may prescribe by regulation bumper standards for

33 passenger motor vehicle equipment manufactured in, or imported into, the
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1 United States. A standard does not apply to a passenger motor vehicle or

2 passenger motor vehicle equipment—

3 (1) intended only for export;

4 (2) labeled for export on the vehicle or equipment and the outside

5 of any container of the vehicle or equipment; and

6 (3) exported.

7 (b) LIMITATIONS.—A standard under this section—

8 (1) may not conflict with a motor vehicle safety standard prescribed

9 under chapter 301 of this title;

10 (2) may not specify a dollar amount for the cost of repairing damage

11 to a passenger motor vehicle; and

12 (3) to the greatest practicable extent, may not preclude the attach13 ment of a detachable hitch.

14 (c) EXEMPTIONS.—For good cause, the Secretary may exempt from any

15 part of a standard—

16 (1) a multipurpose passenger vehicle; or

17 (2) a make, model, or class of a passenger motor vehicle manufac18 tured for a special use, if the standard would interfere unreasonably

19 with the special use of the vehicle.

20 (d) COST REDUCTION AND CONSIDERATIONS.—When prescribing a

21 standard under this section, the Secretary shall design the standard to ob22 tain the maximum feasible reduction of costs to the public, considering—

23 (1) the costs and benefits of carrying out the standard;

24 (2) the effect of the standard on insurance costs and legal fees and

25 costs;

26 (3) savings in consumer time and inconvenience; and

27 (4) health and safety, including emission standards.

28 (e) PROCEDURES.—Section 553 of title 5 applies to a standard prescribed

29 under this section. However, the Secretary shall give an interested person

30 an opportunity to make oral and written presentations of information, views,

31 and arguments. A transcript of each oral presentation shall be kept. Under

32 conditions prescribed by the Secretary, the Secretary may conduct a hearing

33 to resolve an issue of fact material to a standard.

34 (f) EFFECTIVE DATE.—The Secretary shall prescribe an effective date for

35 a standard under this section. That date may not be earlier than the date

36 the standard is prescribed nor later than 18 months after the date the

37 standard is prescribed. However, the Secretary may prescribe a later date

38 when the Secretary submits to Congress and publishes the reasons for the

39 later date. A standard only applies to a passenger motor vehicle or pas40 senger motor vehicle equipment manufactured on or after the effective date.
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1 (g) RESEARCH.—The Secretary shall conduct research necessary to carry

2 out this chapter.

3 § 32503. Judicial review of bumper standards

4 (a) FILING AND VENUE.—A person that may be adversely affected by a

5 standard prescribed under section 32502 of this title may apply for review

6 of the standard by filing a petition for review in the United States Court

7 of Appeals for the District of Columbia Circuit or in the court of appeals

8 of the United States for the circuit in which the person resides or has its

9 principal place of business. The petition must be filed not later than 59 days

10 after the standard is prescribed.

11 (b) NOTIFYING SECRETARY.—The clerk of the court shall send imme12 diately a copy of the petition to the Secretary of Transportation. The Sec13 retary shall file with the court a record of the proceeding in which the

14 standard was prescribed.

15 (c) ADDITIONAL PROCEEDINGS.—(1) On request of the petitioner, the

16 court may order the Secretary to receive additional evidence and evidence

17 in rebuttal if the court is satisfied the additional evidence is material and

18 there were reasonable grounds for not presenting the evidence in the pro19 ceeding before the Secretary.

20 (2) The Secretary may modify findings of fact or make new findings be21 cause of the additional evidence presented. The Secretary shall file a modi22 fied or new finding, a recommendation to modify or set aside a standard,

23 and the additional evidence with the court.

24 (d) SUPREME COURT REVIEW AND ADDITIONAL REMEDIES.—A judg25 ment of a court under this section may be reviewed only by the Supreme

26 Court under section 1254 of title 28. A remedy under this section is in addi27 tion to any other remedies provided by law.

28 § 32504. Certificates of compliance

29 Under regulations prescribed by the Secretary of Transportation, a manu30 facturer or distributor of a passenger motor vehicle or passenger motor vehi31 cle equipment subject to a standard prescribed under section 32502 this

32 title shall give the distributor or dealer at the time of delivery a certificate

33 that the vehicle or equipment complies with the standard.

34 § 32505. Information and compliance requirements

35 (a) GENERAL AUTHORITY.—(1) To enable the Secretary of Transpor36 tation to decide whether a manufacturer of passenger motor vehicles or pas37 senger motor vehicle equipment is complying with this chapter and stand38 ards prescribed under this chapter, the Secretary may require the manufac39 turer to—

40 (A) keep records;

41 (B) make reports;
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1 (C) provide items and information, including vehicles and equipment

2 for testing at a negotiated price not more than the manufacturer’s cost;

3 and

4 (D) allow an officer or employee designated by the Secretary to in5 spect vehicles and relevant records of the manufacturer.

6 (2) To enforce this chapter, an officer or employee designated by the Sec7 retary, on presenting appropriate credentials and a written notice to the

8 owner, operator, or agent in charge, may inspect a facility in which pas9 senger motor vehicles or passenger motor vehicle equipment is manufac10 tured, held for introduction in interstate commerce, or held for sale after

11 introduction in interstate commerce. An inspection shall be conducted at a

12 reasonable time, in a reasonable way, and with reasonable promptness.

13 (b) POWERS OF SECRETARY AND CIVIL ACTIONS TO ENFORCE.—(1) In

14 carrying out this chapter, the Secretary may—

15 (A) inspect and copy records of any person at reasonable times;

16 (B) order a person to file written reports or answers to specific ques17 tions, including reports or answers under oath; and

18 (C) conduct hearings, administer oaths, take testimony, and require

19 (by subpena or otherwise) the appearance and testimony of witnesses

20 and the production of records the Secretary considers advisable.

21 (2) A witness summoned under this subsection is entitled to the same fee

22 and mileage the witness would have been paid in a court of the United

23 States.

24 (3) A civil action to enforce a subpena or order of the Secretary under

25 this subsection may be brought in the United States district court for the

26 judicial district in which the proceeding by the Secretary was conducted.

27 The court may punish a failure to obey an order of the court to comply

28 with the subpena or order of the Secretary as a contempt of court.

29 (c) CONFIDENTIALITY OF INFORMATION.—(1) Information obtained by

30 the Secretary under this chapter related to a confidential matter referred

31 to in section 1905 of title 18 may be disclosed only—

32 (A) to another officer or employee of the United States Government

33 for use in carrying out this chapter; or

34 (B) in a proceeding under this chapter.

35 (2) This subsection does not authorize information to be withheld from

36 a committee of Congress authorized to have the information.

37 (3) Subject to paragraph (1) of this subsection, the Secretary, on request,

38 shall make available to the public at cost information the Secretary submits

39 or receives in carrying out this chapter.

40 § 32506. Prohibited acts

41 (a) GENERAL.—Except as provided in this section, a person may not—
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1 (1) manufacture for sale, sell, offer for sale, introduce or deliver for

2 introduction in interstate commerce, or import into the United States,

3 a passenger motor vehicle or passenger motor vehicle equipment manu4 factured on or after the date an applicable standard under section

5 32502 of this title takes effect, unless it conforms to the standard;

6 (2) fail to comply with an applicable regulation prescribed by the

7 Secretary of Transportation under this chapter;

8 (3) fail to keep records, refuse access to or copying of records, fail

9 to make reports or provide items or information, or fail or refuse to

10 allow entry or inspection, as required by this chapter or a regulation

11 prescribed under this chapter; or

12 (4) fail to provide the certificate required by section 32504 of this

13 title, or provide a certificate that the person knows, or in the exercise

14 of reasonable care has reason to know, is false or misleading in a mate15 rial respect.

16 (b) NONAPPLICATION.—Subsection (a)(1) of this section does not apply

17 to—

18 (1) the sale, offer for sale, or introduction or delivery for introduc19 tion in interstate commerce of a passenger motor vehicle or passenger

20 motor vehicle equipment after the first purchase of the vehicle or equip21 ment in good faith other than for resale (but this clause does not pro22 hibit a standard from requiring that a vehicle or equipment be manu23 factured to comply with the standard over a specified period of oper24 ation or use); or

25 (2) a person—

26 (A) establishing that the person had no reason to know, by exer27 cising reasonable care, that the vehicle or equipment does not com28 ply with the standard; or

29 (B) holding, without knowing about a noncompliance and before

30 that first purchase, a certificate issued under section 32504 of this

31 title stating that the vehicle or equipment complies with the stand32 ard.

33 (c) IMPORTING NONCOMPLYING VEHICLES AND EQUIPMENT.—(1) The

34 Secretaries of Transportation and the Treasury may prescribe joint regula35 tions authorizing a passenger motor vehicle or passenger motor vehicle

36 equipment not complying with a standard prescribed under section 32502

37 of this title to be imported into the United States subject to conditions (in38 cluding providing a bond) the Secretaries consider appropriate to ensure

39 that the vehicle or equipment will—

40 (A) comply, after importation, with the standards prescribed under

41 section 32502 of this title;
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1 (B) be exported; or

2 (C) be abandoned to the United States Government.

3 (2) The Secretaries may prescribe joint regulations that allow a passenger

4 motor vehicle or passenger motor vehicle equipment to be imported into the

5 United States after the first purchase in good faith other than for resale.

6 (d) LIABILITY UNDER OTHER LAW.—Compliance with a standard under

7 this chapter does not exempt a person from liability provided by law.

8 § 32507. Penalties and enforcement

9 (a) CIVIL PENALTY.—(1) A person that violates section 32506(a) of this

10 title is liable to the United States Government for a civil penalty of not

11 more than $1,000 for each violation. A separate violation occurs for each

12 passenger motor vehicle or item of passenger motor vehicle equipment in13 volved in a violation of section 32506(a)(1) or (4) of this title—

14 (A) that does not comply with a standard prescribed under section

15 32502 of this title; or

16 (B) for which a certificate is not provided, or for which a false or

17 misleading certificate is provided, under section 32504 of this title.

18 (2) The maximum civil penalty under this subsection for a related series

19 of violations is $800,000.

20 (3) The Secretary of Transportation imposes a civil penalty under this

21 subsection. The Attorney General or the Secretary, with the concurrence of

22 the Attorney General, shall bring a civil action in a United States district

23 court to collect the penalty.

24 (b) CRIMINAL PENALTY.—A person knowingly and willfully violating sec25 tion 32506(a)(1) of this title after receiving a notice of noncompliance from

26 the Secretary shall be fined under title 18, imprisoned for not more than

27 one year, or both. If the person is a corporation, the penalties of this sub28 section also apply to a director, officer, or individual agent of the corpora29 tion who, with knowledge of the Secretary’s notice, knowingly and willfully

30 authorizes, orders, or performs an act that is any part of the violation.

31 (c) CIVIL ACTIONS TO ENFORCE.—(1) The Secretary or the Attorney

32 General may bring a civil action in a United States district court to enjoin

33 a violation of this chapter or the sale, offer for sale, introduction or delivery

34 for introduction in interstate commerce, or importation into the United

35 States, of a passenger motor vehicle or passenger motor vehicle equipment

36 that is found, before the first purchase in good faith other than for resale,

37 not to comply with a standard prescribed under section 32502 of this title.

38 (2) When practicable, the Secretary shall—

39 (A) notify a person against whom an action under this subsection

40 is planned;
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1 (B) give the person an opportunity to present that person’s views;

2 and

3 (C) except for a knowing and willful violation, give the person a rea4 sonable opportunity to comply.

5 (3) The failure of the Secretary to comply with paragraph (2) of this sub6 section does not prevent a court from granting appropriate relief.

7 (d) JURY TRIAL DEMAND.—In a trial for criminal contempt for violating

8 an injunction or restraining order issued under subsection (c) of this sec9 tion, the violation of which is also a violation of this chapter, the defendant

10 may demand a jury trial. The defendant shall be tried as provided in rule

11 42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.).

12 (e) VENUE.—A civil action under subsection (a) or (c) of this section may

13 be brought in the judicial district in which the violation occurred or the de14 fendant is found, resides, or does business. Process in the action may be

15 served in any other judicial district in which the defendant resides or is

16 found. A subpena for a witness in the action may be served in any judicial

17 district.

18 § 32508. Civil actions by owners of passenger motor vehicles

19 When an owner of a passenger motor vehicle sustains damages as a result

20 of a motor vehicle accident because the vehicle did not comply with a stand21 ard prescribed under section 32502 of this title, the owner may bring a civil

22 action against the manufacturer to recover the damages. The action may

23 be brought in the United States District Court for the District of Columbia

24 or in the United States district court for the judicial district in which the

25 owner resides. The action must be brought not later than 3 years after the

26 date of the accident. The court shall award costs and a reasonable attor27 ney’s fee to the owner when a judgment is entered for the owner.

28 § 32509. Information and assistance from other depart29 ments, agencies, and instrumentalities

30 (a) GENERAL AUTHORITY.—The Secretary of Transportation may re31 quest information necessary to carry out this chapter from a department,

32 agency, or instrumentality of the United States Government. The head of

33 the department, agency, or instrumentality shall provide the information.

34 (b) DETAILING PERSONNEL.—The head of a department, agency, or in35 strumentality may detail, on a reimbursable basis, personnel to assist the

36 Secretary in carrying out this chapter.

37 § 32510. Annual report

38 Not later than March 31 of each year, the Secretary of Transportation

39 shall submit to Congress and the President a report on the progress in car40 rying out section 32501 of this title. The report shall include—
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1 (1) a statement of the cost savings resulting from carrying out this

2 chapter; and

3 (2) recommendations for legislative or other action the Secretary de4 cides may be appropriate.

5 § 32511. Relationship to other motor vehicle standards

6 (a) PREEMPTION.—Except as provided in this section, a State or a politi7 cal subdivision of a State may prescribe or enforce a bumper standard for

8 a passenger motor vehicle or passenger motor vehicle equipment only if the

9 standard is identical to a standard prescribed under section 32502 of this

10 title.

11 (b) ENFORCEMENT.—This chapter and chapter 301 of this title do not

12 affect the authority of a State to enforce a bumper standard about an as13 pect of performance of a passenger motor vehicle or passenger motor vehicle

14 equipment not covered by a standard prescribed under section 32502 of this

15 title if the State bumper standard—

16 (1) does not conflict with a standard prescribed under chapter 301

17 of this title; and

18 (2) was in effect or prescribed by the State on October 20, 1972.

19 (c) ADDITIONAL AND HIGHER STANDARDS OF PERFORMANCE.—The

20 United States Government, a State, or a political subdivision of a State may

21 prescribe a bumper standard for a passenger motor vehicle or passenger

22 motor vehicle equipment obtained for its own use that imposes additional

23 or higher standards of performance than a standard prescribed under sec24 tion 32502 of this title.

25 CHAPTER 327—ODOMETERS

Sec.

32701. Findings and purposes.

32702. Definitions.

32703. Preventing tampering.

32704. Service, repair, and replacement.

32705. Disclosure requirements on transfer of motor vehicles.

32706. Inspections, investigations, and records.

32707. Administrative warrants.

32708. Confidentiality of information.

32709. Penalties and enforcement.

32710. Civil actions by private persons.

32711. Relationship to State law.

26 § 32701. Findings and purposes

27 (a) FINDINGS.—Congress finds that—

28 (1) buyers of motor vehicles rely heavily on the odometer reading as

29 an index of the condition and value of a vehicle;

30 (2) buyers are entitled to rely on the odometer reading as an accu31 rate indication of the mileage of the vehicle;

32 (3) an accurate indication of the mileage assists a buyer in deciding

33 on the safety and reliability of the vehicle; and
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1 (4) motor vehicles move in, or affect, interstate and foreign com2 merce.

3 (b) PURPOSES.—The purposes of this chapter are—

4 (1) to prohibit tampering with motor vehicle odometers; and

5 (2) to provide safeguards to protect purchasers in the sale of motor

6 vehicles with altered or reset odometers.

7 § 32702. Definitions

8 In this chapter—

9 (1) ‘‘auction company’’ means a person taking possession of a motor

10 vehicle owned by another to sell at an auction.

11 (2) ‘‘dealer’’ means a person that sold at least 5 motor vehicles dur12 ing the prior 12 months to buyers that in good faith bought the vehi13 cles other than for resale.

14 (3) ‘‘distributor’’ means a person that sold at least 5 motor vehicles

15 during the prior 12 months for resale.

16 (4) ‘‘leased motor vehicle’’ means a motor vehicle leased to a person

17 for at least 4 months by a lessor that leased at least 5 vehicles during

18 the prior 12 months.

19 (5) ‘‘odometer’’ means an instrument for measuring and recording

20 the distance a motor vehicle is driven, but does not include an auxiliary

21 instrument designed to be reset by the operator of the vehicle to record

22 mileage of a trip.

23 (6) ‘‘repair’’ and ‘‘replace’’ mean to restore to a sound working con24 dition by replacing any part of an odometer or by correcting any inop25 erative part of an odometer.

26 (7) ‘‘title’’ means the certificate of title or other document issued by

27 the State indicating ownership.

28 (8) ‘‘transfer’’ means to change ownership by sale, gift, or other

29 means.

30 § 32703. Preventing tampering

31 A person may not—

32 (1) advertise for sale, sell, use, install, or have installed, a device that

33 makes an odometer of a motor vehicle register a mileage different from

34 the mileage the vehicle was driven, as registered by the odometer within

35 the designed tolerance of the manufacturer of the odometer;

36 (2) disconnect, reset, alter, or have disconnected, reset, or altered,

37 an odometer of a motor vehicle intending to change the mileage reg38 istered by the odometer;

39 (3) with intent to defraud, operate a motor vehicle on a public street,

40 road, or highway if the person knows that the odometer of the vehicle

41 is disconnected or not operating; or
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1 (4) conspire to violate this section or section 32704 or 32705 of this

2 title.

3 § 32704. Service, repair, and replacement

4 (a) ADJUSTING MILEAGE.—A person may service, repair, or replace an

5 odometer of a motor vehicle if the mileage registered by the odometer re6 mains the same as before the service, repair, or replacement. If the mileage

7 cannot remain the same—

8 (1) the person shall adjust the odometer to read zero; and

9 (2) the owner of the vehicle or agent of the owner shall attach a

10 written notice to the left door frame of the vehicle specifying the mile11 age before the service, repair, or replacement and the date of the serv12 ice, repair, or replacement.

13 (b) REMOVING OR ALTERING NOTICE.—A person may not, with intent to

14 defraud, remove or alter a notice attached to a motor vehicle as required

15 by this section.

16 § 32705. Disclosure requirements on transfer of motor vehi17 cles

18 (a) WRITTEN DISCLOSURE REQUIREMENTS.—(1) Under regulations pre19 scribed by the Secretary of Transportation, a person transferring ownership

20 of a motor vehicle shall give the transferee a written disclosure—

21 (A) of the cumulative mileage registered by the odometer; or

22 (B) that the mileage is unknown if the transferor knows that the

23 mileage registered by the odometer is incorrect.

24 (2) A person making a written disclosure required by a regulation pre25 scribed under paragraph (1) of this subsection may not make a false state26 ment in the disclosure.

27 (3) A person acquiring a motor vehicle for resale may accept a disclosure

28 under this section only if it is complete.

29 (4) The regulations prescribed by the Secretary shall provide the way in

30 which information is disclosed and retained under this section.

31 (b) MILEAGE STATEMENT REQUIREMENT FOR LICENSING.—(1) A motor

32 vehicle the ownership of which is transferred may not be licensed for use

33 in a State unless the transferee, in submitting an application to a State for

34 the title on which the license will be issued, includes with the application

35 the transferor’s title and, if that title contains the space referred to in para36 graph (3)(A)(iii) of this subsection, a statement, signed and dated by the

37 transferor, of the mileage disclosure required under subsection (a) of this

38 section. This paragraph does not apply to a transfer of ownership of a

39 motor vehicle that has not been licensed before the transfer.

40 (2)(A) Under regulations prescribed by the Secretary, if the title to a

41 motor vehicle issued to a transferor by a State is in the possession of a
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1 lienholder when the transferor transfers ownership of the vehicle, the trans2 feror may use a written power of attorney (if allowed by State law) in mak3 ing the mileage disclosure required under subsection (a) of this section. Reg4 ulations prescribed under this paragraph—

5 (i) shall prescribe the form of the power of attorney;

6 (ii) shall provide that the form be printed by means of a secure

7 printing process (or other secure process);

8 (iii) shall provide that the State issue the form to the transferee;

9 (iv) shall provide that the person exercising the power of attorney

10 retain a copy and submit the original to the State with a copy of the

11 title showing the restatement of the mileage;

12 (v) may require that the State retain the power of attorney and the

13 copy of the title for an appropriate period or that the State adopt alter14 native measures consistent with section 32701(b) of this title, after

15 considering the costs to the State;

16 (vi) shall ensure that the mileage at the time of transfer be disclosed

17 on the power of attorney document;

18 (vii) shall ensure that the mileage be restated exactly by the person

19 exercising the power of attorney in the space referred to in paragraph

20 (3)(A)(iii) of this subsection;

21 (viii) may not require that a motor vehicle be titled in the State in

22 which the power of attorney was issued;

23 (ix) shall consider the need to facilitate normal commercial trans24 actions in the sale or exchange of motor vehicles; and

25 (x) shall provide other conditions the Secretary considers appro26 priate.

27 (B) Section 32709(a) and (b) applies to a person granting or granted a

28 power of attorney under this paragraph.

29 (3)(A) A motor vehicle the ownership of which is transferred may be li30 censed for use in a State only if the title issued by the State to the trans31 feree—

32 (i) is produced by means of a secure printing process (or other se33 cure process);

34 (ii) indicates the mileage disclosure required to be made under sub35 section (a) of this section; and

36 (iii) contains a space for the transferee to disclose the mileage at the

37 time of a future transfer and to sign and date the disclosure.

38 (B) Subparagraph (A) of this paragraph does not require a State to ver39 ify, or preclude a State from verifying, the mileage information contained

40 in the title.
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1 (c) LEASED VEHICLES.—(1) For a leased vehicle, the regulations pre2 scribed under subsection (a) of this section shall require written disclosure

3 about mileage to be made by the lessee to the lessor when the lessor trans4 fers ownership of the leased vehicle.

5 (2) Under those regulations, the lessor shall provide written notice to the

6 lessee of—

7 (A) the mileage disclosure requirements of subsection (a) of this sec8 tion; and

9 (B) the penalties for failure to comply with those requirements.

10 (3) The lessor shall retain the disclosures made by a lessee under para11 graph (1) of this subsection for at least 4 years following the date the lessor

12 transfers the vehicle.

13 (4) If the lessor transfers ownership of a leased vehicle without obtaining

14 possession of the vehicle, the lessor, in making the disclosure required by

15 subsection (a) of this section, may indicate on the title the mileage disclosed

16 by the lessee under paragraph (1) of this subsection unless the lessor has

17 reason to believe that the disclosure by the lessee does not reflect the actual

18 mileage of the vehicle.

19 (d) STATE ALTERNATE VEHICLE MILEAGE DISCLOSURE REQUIRE20 MENTS.—The requirements of subsections (b) and (c)(1) of this section on

21 the disclosure of motor vehicle mileage when motor vehicles are transferred

22 or leased apply in a State unless the State has in effect alternate motor

23 vehicle mileage disclosure requirements approved by the Secretary. The Sec24 retary shall approve alternate motor vehicle mileage disclosure requirements

25 submitted by a State unless the Secretary decides that the requirements are

26 not consistent with the purpose of the disclosure required by subsection (b)

27 or (c), as the case may be.

28 (e) AUCTION SALES.—If a motor vehicle is sold at an auction, the auction

29 company conducting the auction shall maintain the following records for at

30 least 4 years after the date of the sale:

31 (1) the name of the most recent owner of the motor vehicle (except

32 the auction company) and the name of the buyer of the motor vehicle.

33 (2) the vehicle identification number required under chapter 301 or

34 331 of this title.

35 (3) the odometer reading on the date the auction company took pos36 session of the motor vehicle.

37 (f) APPLICATION AND REVISION OF STATE LAW.—(1) Except as provided

38 in paragraph (2) of this subsection, subsections (b)–(e) of this section apply

39 to the transfer of a motor vehicle after April 28, 1989.

40 (2) If a State requests, the Secretary shall assist the State in revising

41 its laws to comply with subsection (b) of this section. If a State requires
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1 time beyond April 28, 1989, to revise its laws to achieve compliance, the

2 Secretary, on request of the State, may grant additional time that the Sec3 retary considers reasonable by publishing a notice in the Federal Register.

4 The notice shall include the reasons for granting the additional time. In

5 granting additional time, the Secretary shall ensure that the State is mak6 ing reasonable efforts to achieve compliance.

7 § 32706. Inspections, investigations, and records

8 (a) AUTHORITY TO INSPECT AND INVESTIGATE.—Subject to section

9 32707 of this title, the Secretary of Transportation may conduct an inspec10 tion or investigation necessary to carry out this chapter or a regulation pre11 scribed or order issued under this chapter. The Secretary shall cooperate

12 with State and local officials to the greatest extent possible in conducting

13 an inspection or investigation. The Secretary may give the Attorney General

14 information about a violation of this chapter or a regulation prescribed or

15 order issued under this chapter.

16 (b) ENTRY, INSPECTION, AND IMPOUNDMENT.—(1) In carrying out sub17 section (a) of this section, an officer or employee designated by the Sec18 retary, on display of proper credentials and written notice to the owner, op19 erator, or agent in charge, may—

20 (A) enter and inspect commercial premises in which a motor vehicle

21 or motor vehicle equipment is manufactured, held for shipment or sale,

22 maintained, or repaired;

23 (B) enter and inspect noncommercial premises in which the Sec24 retary reasonably believes there is a vehicle or equipment that is an ob25 ject of a violation of this chapter;

26 (C) inspect that vehicle or equipment; and

27 (D) impound for not more than 72 hours for inspection a vehicle or

28 equipment that the Secretary reasonably believes is an object of a viola29 tion of this chapter.

30 (2) An inspection or impoundment under this subsection shall be con31 ducted at a reasonable time, in a reasonable way, and with reasonable

32 promptness. The written notice may consist of a warrant issued under sec33 tion 32707 of this title.

34 (c) REASONABLE COMPENSATION.—When the Secretary impounds for in35 spection a motor vehicle (except a vehicle subject to subchapter II of chapter

36 105 of this title) or motor vehicle equipment under subsection (b)(1)(D) of

37 this section, the Secretary shall pay reasonable compensation to the owner

38 of the vehicle or equipment if the inspection or impoundment results in de39 nial of use, or reduction in value, of the vehicle or equipment.

40 (d) RECORDS AND INFORMATION REQUIREMENTS.—(1) To enable the

41 Secretary to decide whether a dealer or distributor is complying with this
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1 chapter and regulations prescribed and orders issued under this chapter, the

2 Secretary may require the dealer or distributor—

3 (A) to keep records;

4 (B) to provide information from those records if the Secretary states

5 the purpose for requiring the information and identifies the information

6 to the fullest extent practicable; and

7 (C) to allow an officer or employee designated by the Secretary to

8 inspect relevant records of the dealer or distributor.

9 (2) This subsection and subsection (e)(1)(B) of this section do not au10 thorize the Secretary to require a dealer or distributor to provide informa11 tion on a regular periodic basis.

12 (e) ADMINISTRATIVE AUTHORITY AND CIVIL ACTIONS TO ENFORCE.—

13 (1) In carrying out this chapter, the Secretary may—

14 (A) inspect and copy records of any person at reasonable times;

15 (B) order a person to file written reports or answers to specific ques16 tions, including reports or answers under oath; and

17 (C) conduct hearings, administer oaths, take testimony, and require

18 (by subpena or otherwise) the appearance and testimony of witnesses

19 and the production of records the Secretary considers advisable.

20 (2) A witness summoned under this subsection is entitled to the same fee

21 and mileage the witness would have been paid in a court of the United

22 States.

23 (3) A civil action to enforce a subpena or order of the Secretary under

24 this subsection may be brought in the United States district court for the

25 judicial district in which the proceeding by the Secretary was conducted.

26 The court may punish a failure to obey an order of the court to comply

27 with the subpena or order of the Secretary as a contempt of court.

28 (f) PROHIBITIONS.—A person may not fail to keep records, refuse access

29 to or copying of records, fail to make reports or provide information, fail

30 to allow entry or inspection, or fail to permit impoundment, as required

31 under this section.

32 § 32707. Administrative warrants

33 (a) DEFINITION.—In this section, ‘‘probable cause’’ means a valid public

34 interest in the effective enforcement of this chapter or a regulation pre35 scribed under this chapter sufficient to justify the inspection or impound36 ment in the circumstances stated in an application for a warrant under this

37 section.

38 (b) WARRANT REQUIREMENT AND ISSUANCE.—(1) Except as provided in

39 paragraph (4) of this subsection, an inspection or impoundment under sec40 tion 32706 of this title may be carried out only after a warrant is obtained.
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1 (2) A judge of a court of the United States or a State court of record

2 or a United States magistrate may issue a warrant for an inspection or im3 poundment under section 32706 of this title within the territorial jurisdic4 tion of the court or magistrate. The warrant must be based on an affidavit

5 that—

6 (A) establishes probable cause to issue the warrant; and

7 (B) is sworn to before the judge or magistrate by an officer or em8 ployee who knows the facts alleged in the affidavit.

9 (3) The judge or magistrate shall issue the warrant when the judge or

10 magistrate decides there is a reasonable basis for believing that probable

11 cause exists to issue the warrant. The warrant must—

12 (A) identify the premises, property, or motor vehicle to be inspected

13 and the items or type of property to be impounded;

14 (B) state the purpose of the inspection, the basis for issuing the war15 rant, and the name of the affiant;

16 (C) direct an individual authorized under section 32706 of this title

17 to inspect the premises, property, or vehicle for the purpose stated in

18 the warrant and, when appropriate, to impound the property specified

19 in the warrant;

20 (D) direct that the warrant be served during the hours specified in

21 the warrant; and

22 (E) name the judge or magistrate with whom proof of service is to

23 be filed.

24 (4) A warrant under this section is not required when—

25 (A) the owner, operator, or agent in charge of the premises consents;

26 (B) it is reasonable to believe that the mobility of the motor vehicle

27 to be inspected makes it impractical to obtain a warrant;

28 (C) an application for a warrant cannot be made because of an emer29 gency;

30 (D) records are to be inspected and copied under section

31 32706(e)(1)(A) of this title; or

32 (E) a warrant is not constitutionally required.

33 (c) SERVICE AND IMPOUNDMENT OF PROPERTY.—(1) A warrant issued

34 under this section must be served and proof of service filed not later than

35 10 days after its issuance date. The judge or magistrate may allow addi36 tional time in the warrant if the Secretary of Transportation demonstrates

37 a need for additional time. Proof of service must be filed promptly with a

38 written inventory of the property impounded under the warrant. The inven39 tory shall be made in the presence of the individual serving the warrant and

40 the individual from whose possession or premises the property was im41 pounded, or if that individual is not present, a credible individual except the
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1 individual making the inventory. The individual serving the warrant shall

2 verify the inventory. On request, the judge or magistrate shall send a copy

3 of the inventory to the individual from whose possession or premises the

4 property was impounded and to the applicant for the warrant.

5 (2) When property is impounded under a warrant, the individual serving

6 the warrant shall—

7 (A) give the person from whose possession or premises the property

8 was impounded a copy of the warrant and a receipt for the property;

9 or

10 (B) leave the copy and receipt at the place from which the property

11 was impounded.

12 (3) The judge or magistrate shall file the warrant, proof of service, and

13 all documents filed about the warrant with the clerk of the United States

14 district court for the judicial district in which the inspection is made.

15 § 32708. Confidentiality of information

16 (a) GENERAL.—Information obtained by the Secretary of Transportation

17 under this chapter related to a confidential matter referred to in section

18 1905 of title 18 may be disclosed only—

19 (1) to another officer or employee of the United States Government

20 for use in carrying out this chapter; or

21 (2) in a proceeding under this chapter.

22 (b) WITHHOLDING INFORMATION FROM CONGRESS.—This section does

23 not authorize information to be withheld from a committee of Congress au24 thorized to have the information.

25 § 32709. Penalties and enforcement

26 (a) CIVIL PENALTY.—(1) A person that violates this chapter or a regula27 tion prescribed or order issued under this chapter is liable to the United

28 States Government for a civil penalty of not more than $2,000 for each vio29 lation. A separate violation occurs for each motor vehicle or device involved

30 in the violation. The maximum penalty under this subsection for a related

31 series of violations is $100,000.

32 (2) The Secretary of Transportation shall impose a civil penalty under

33 this subsection. The Attorney General shall bring a civil action to collect the

34 penalty. Before referring a penalty claim to the Attorney General, the Sec35 retary may compromise the amount of the penalty. Before compromising the

36 amount of the penalty, the Secretary shall give the person charged with a

37 violation an opportunity to establish that the violation did not occur.

38 (3) In determining the amount of a civil penalty under this subsection,

39 the Secretary shall consider—

40 (A) the nature, circumstances, extent, and gravity of the violation;
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1 (B) with respect to the violator, the degree of culpability, any history

2 of prior violations, the ability to pay, and any effect on the ability to

3 continue doing business; and

4 (C) other matters that justice requires.

5 (b) CRIMINAL PENALTY.—A person that knowingly and willfully violates

6 this chapter or a regulation prescribed or order issued under this chapter

7 shall be fined under title 18, imprisoned for not more than 3 years, or both.

8 If the person is a corporation, the penalties of this subsection also apply

9 to a director, officer, or individual agent of a corporation who knowingly

10 and willfully authorizes, orders, or performs an act in violation of this chap11 ter or a regulation prescribed or order issued under this chapter.

12 (c) CIVIL ACTIONS BY ATTORNEY GENERAL.—The Attorney General may

13 bring a civil action to enjoin a violation of this chapter or a regulation pre14 scribed or order issued under this chapter. The action may be brought in

15 the United States district court for the judicial district in which the viola16 tion occurred or the defendant is found, resides, or does business. Process

17 in the action may be served in any other judicial district in which the de18 fendant resides or is found. A subpena for a witness in the action may be

19 served in any judicial district.

20 (d) CIVIL ACTIONS BY STATES.—(1) When a person violates this chapter

21 or a regulation prescribed or order issued under this chapter, the chief law

22 enforcement officer of the State in which the violation occurs may bring a

23 civil action—

24 (A) to enjoin the violation; or

25 (B) to recover amounts for which the person is liable under section

26 32710 of this title for each person on whose behalf the action is

27 brought.

28 (2) An action under this subsection may be brought in an appropriate

29 United States district court or in a State court of competent jurisdiction.

30 The action must be brought not later than 2 years after the claim accrues.

31 § 32710. Civil actions by private persons

32 (a) VIOLATION AND AMOUNT OF DAMAGES.—A person that violates this

33 chapter or a regulation prescribed or order issued under this chapter, with

34 intent to defraud, is liable for 3 times the actual damages or $1,500, which35 ever is greater.

36 (b) CIVIL ACTIONS.—A person may bring a civil action to enforce a claim

37 under this section in an appropriate United States district court or in an38 other court of competent jurisdiction. The action must be brought not later

39 than 2 years after the claim accrues. The court shall award costs and a rea40 sonable attorney’s fee to the person when a judgment is entered for that

41 person.
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1 § 32711. Relationship to State law

2 Except to the extent that State law is inconsistent with this chapter, this

3 chapter does not—

4 (1) affect a State law on disconnecting, altering, or tampering with

5 an odometer with intent to defraud; or

6 (2) exempt a person from complying with that law.

7 CHAPTER 329—AUTOMOBILE FUEL ECONOMY

Sec.

32901. Definitions.

32902. Average fuel economy standards.

32903. Credits for exceeding average fuel economy standards.

32904. Calculation of average fuel economy.

32905. Manufacturing incentives for alternative fuel automobiles.

32906. Maximum fuel economy increase for alternative fuel automobiles.

32907. Reports and tests of manufacturers.

32908. Fuel economy information.

32909. Judicial review of regulations.

32910. Administrative.

32911. Compliance.

32912. Civil penalties.

32913. Compromising and remitting civil penalties.

32914. Collecting civil penalties.

32915. Appealing civil penalties.

32916. Reports to Congress.

32917. Standards for executive agency automobiles.

32918. Preemption.

8 § 32901. Definitions

9 (a) GENERAL.—In this chapter—

10 (1) ‘‘alternative fuel’’ means—

11 (A) methanol;

12 (B) denatured ethanol;

13 (C) other alcohols;

14 (D) except as provided in subsection (b) of this section, a mix15 ture containing at least 85 percent of methanol, denatured etha16 nol, and other alcohols by volume with gasoline or other fuels;

17 (E) natural gas;

18 (F) liquefied petroleum gas;

19 (G) hydrogen;

20 (H) coal derived liquid fuels;

21 (I) fuels (except alcohol) derived from biological materials;

22 (J) electricity (including electricity from solar energy); and

23 (K) any other fuel the Secretary of Transportation prescribes by

24 regulation that is not substantially petroleum and that would yield

25 substantial energy security and environmental benefits.

26 (2) ‘‘alternative fueled automobile’’ means an automobile that is a—

27 (A) dedicated automobile; or

28 (B) dual fueled automobile.
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1 (3) except as provided in section 32908 of this title, ‘‘automobile’’

2 means a 4-wheeled vehicle that is propelled by fuel, or by alternative

3 fuel, manufactured primarily for use on public streets, roads, and high4 ways (except a vehicle operated only on a rail line), and rated at—

5 (A) not more than 6,000 pounds gross vehicle weight; or

6 (B) more than 6,000, but less than 10,000, pounds gross vehicle

7 weight, if the Secretary decides by regulation that—

8 (i) an average fuel economy standard under this chapter

9 for the vehicle is feasible; and

10 (ii) an average fuel economy standard under this chapter

11 for the vehicle will result in significant energy conservation or

12 the vehicle is substantially used for the same purposes as a

13 vehicle rated at not more than 6,000 pounds gross vehicle

14 weight.

15 (4) ‘‘automobile manufactured by a manufacturer’’ includes every

16 automobile manufactured by a person that controls, is controlled by, or

17 is under common control with the manufacturer, but does not include

18 an automobile manufactured by the person in a model year that is ex19 ported not later than 30 days after the end of that model year.

20 (5) ‘‘average fuel economy’’ means average fuel economy determined

21 under section 32904 of this title.

22 (6) ‘‘average fuel economy standard’’ means a performance standard

23 specifying a minimum level of average fuel economy applicable to a

24 manufacturer in a model year.

25 (7) ‘‘dedicated automobile’’ means an automobile that operates only

26 on alternative fuel.

27 (8) ‘‘dual fueled automobile’’ means an automobile that—

28 (A) is capable of operating on alternative fuel and on gasoline

29 or diesel fuel;

30 (B) provides equal or superior energy efficiency, as calculated

31 for the applicable model year during fuel economy testing for the

32 United States Government, when operating on alternative fuel as

33 when operating on gasoline or diesel fuel;

34 (C) for model years 1993–1995 for an automobile capable of op35 erating on a mixture of an alternative fuel and gasoline or diesel

36 fuel and if the Administrator of the Environmental Protection

37 Agency decides to extend the application of this subclause, for an

38 additional period ending not later than the end of the last model

39 year to which section 32905(b) and (d) of this title applies, pro40 vides equal or superior energy efficiency, as calculated for the ap41 plicable model year during fuel economy testing for the Govern-
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1 ment, when operating on a mixture of alternative fuel and gasoline

2 or diesel fuel containing exactly 50 percent gasoline or diesel fuel

3 as when operating on gasoline or diesel fuel; and

4 (D) for a passenger automobile, meets or exceeds the minimum

5 driving range prescribed under subsection (c) of this section.

6 (9) ‘‘fuel’’ means—

7 (A) gasoline;

8 (B) diesel oil; or

9 (C) other liquid or gaseous fuel that the Secretary decides by

10 regulation to include in this definition as consistent with the need

11 of the United States to conserve energy.

12 (10) ‘‘fuel economy’’ means the average number of miles traveled by

13 an automobile for each gallon of gasoline (or equivalent amount of

14 other fuel) used, as determined by the Administrator under section

15 32904(c) of this title.

16 (11) ‘‘import’’ means to import into the customs territory of the

17 United States.

18 (12) ‘‘manufacture’’ (except under section 32902(d) of this title)

19 means to produce or assemble in the customs territory of the United

20 States or to import.

21 (13) ‘‘manufacturer’’ means—

22 (A) a person engaged in the business of manufacturing auto23 mobiles, including a predecessor or successor of the person to the

24 extent provided under regulations prescribed by the Secretary; and

25 (B) if more than one person is the manufacturer of an auto26 mobile, the person specified under regulations prescribed by the

27 Secretary.

28 (14) ‘‘model’’ means a class of automobiles as decided by regulation

29 by the Administrator after consulting and coordinating with the Sec30 retary.

31 (15) ‘‘model year’’, when referring to a specific calendar year,

32 means—

33 (A) the annual production period of a manufacturer, as decided

34 by the Administrator, that includes January 1 of that calendar

35 year; or

36 (B) that calendar year if the manufacturer does not have an an37 nual production period.

38 (16) ‘‘passenger automobile’’ means an automobile that the Sec39 retary decides by regulation is manufactured primarily for transporting

40 not more than 10 individuals, but does not include an automobile capa41 ble of off-highway operation that the Secretary decides by regulation—
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1 (A) has a significant feature (except 4-wheel drive) designed for

2 off-highway operation; and

3 (B) is a 4-wheel drive automobile or is rated at more than 6,000

4 pounds gross vehicle weight.

5 (b) The Secretary may prescribe regulations changing the percentage re6 ferred to in subsection (a)(1)(D) of this section to not less than 70 percent

7 because of requirements relating to cold start, safety, or vehicle functions.

8 (c) MINIMUM DRIVING RANGES FOR DUAL FUELED PASSENGER AUTO9 MOBILES.—(1) The Secretary shall prescribe by regulation the minimum

10 driving range that dual fueled automobiles that are passenger automobiles

11 must meet when operating on alternative fuel to be dual fueled automobiles

12 under sections 32905 and 32906 of this title. A determination whether a

13 dual fueled automobile meets the minimum driving range requirement under

14 this paragraph shall be based on the combined Agency city/highway fuel

15 economy as determined for average fuel economy purposes for those auto16 mobiles.

17 (2)(A) The Secretary may prescribe a lower range for a specific model

18 than that prescribed under paragraph (1) of this subsection. A manufac19 turer may petition for a lower range than that prescribed under paragraph

20 (1) for a specific model.

21 (B) If the Secretary prescribes a minimum driving range of 200 miles

22 for dual fueled automobiles (except electric automobiles) under paragraph

23 (1) of this subsection, subparagraph (A) of this paragraph does not apply

24 to dual fueled automobiles (except electric automobiles).

25 (C) The minimum driving range prescribed for dual fueled automobiles

26 (except electric automobiles) under subparagraph (A) of this paragraph or

27 paragraph (1) of this subsection must be at least 200 miles.

28 (3) In prescribing a minimum driving range under paragraph (1) of this

29 subsection and in taking an action under paragraph (2) of this subsection,

30 the Secretary shall consider the purpose set forth in section 3 of the Alter31 native Motor Fuels Act of 1988 (Public Law 100–494, 102 Stat. 2442),

32 consumer acceptability, economic practicability, technology, environmental

33 impact, safety, drivability, performance, and other factors the Secretary con34 siders relevant.

35 § 32902. Average fuel economy standards

36 (a) NON-PASSENGER AUTOMOBILES.—At least 18 months before the be37 ginning of each model year, the Secretary of Transportation shall prescribe

38 by regulation average fuel economy standards for automobiles (except pas39 senger automobiles) manufactured by a manufacturer in that model year.

40 Each standard shall be the maximum feasible average fuel economy level

41 that the Secretary decides the manufacturers can achieve in that model
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1 year. The Secretary may prescribe separate standards for different classes

2 of automobiles.

3 (b) PASSENGER AUTOMOBILES.—Except as provided in this section, the

4 average fuel economy standard for passenger automobiles manufactured by

5 a manufacturer in a model year after model year 1984 shall be 27.5 miles

6 a gallon.

7 (c) AMENDING PASSENGER AUTOMOBILE STANDARDS.—(1) Subject to

8 paragraph (2) of this subsection, the Secretary of Transportation may pre9 scribe regulations amending the standard under subsection (b) of this sec10 tion for a model year to a level that the Secretary decides is the maximum

11 feasible average fuel economy level for that model year. Section 553 of title

12 5 applies to a proceeding to amend the standard. However, any interested

13 person may make an oral presentation and a transcript shall be taken of

14 that presentation.

15 (2) If an amendment increases the standard above 27.5 miles a gallon

16 or decreases the standard below 26.0 miles a gallon, the Secretary of Trans17 portation shall submit the amendment to Congress. The procedures of sec18 tion 551 of the Energy Policy and Conservation Act (42 U.S.C. 6421) apply

19 to an amendment, except that the 15 calendar days referred to in section

20 551(c) and (d) of the Act (42 U.S.C. 6421(c), (d)) are deemed to be 60

21 calendar days, and the 5 calendar days referred to in section 551(f)(4)(A)

22 of the Act (42 U.S.C. 6421(f)(4)(A)) are deemed to be 20 calendar days.

23 If either House of Congress disapproves the amendment under those proce24 dures, the amendment does not take effect.

25 (d) EXEMPTIONS.—(1) Except as provided in paragraph (2) of this sub26 section, on application of a manufacturer that manufactured (whether in the

27 United States or not) fewer than 10,000 passenger automobiles in the model

28 year 2 years before the model year for which the application is made, the

29 Secretary of Transportation may exempt by regulation the manufacturer

30 from a standard under subsection (b) or (c) of this section. An exemption

31 for a model year applies only if the manufacturer manufactures (whether

32 in the United States or not) fewer than 10,000 passenger automobiles in

33 the model year. The Secretary may exempt a manufacturer only if the Sec34 retary—

35 (A) finds that the applicable standard under those subsections is

36 more stringent than the maximum feasible average fuel economy level

37 that the manufacturer can achieve; and

38 (B) prescribes by regulation an alternative average fuel economy

39 standard for the passenger automobiles manufactured by the exempted

40 manufacturer that the Secretary decides is the maximum feasible aver-
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1 age fuel economy level for the manufacturers to which the standard ap2 plies.

3 (2) Notwithstanding paragraph (1) of this subsection, an importer reg4 istered under section 30141(c) of this title may not be exempted as a manu5 facturer under paragraph (1) for a motor vehicle that the importer—

6 (A) imports; or

7 (B) brings into compliance with applicable motor vehicle safety

8 standards prescribed under chapter 301 of this title for an individual

9 under section 30142 of this title.

10 (3) The Secretary of Transportation may prescribe an alternative average

11 fuel economy standard applicable to an individually exempted manufacturer,

12 to all automobiles to which this subsection applies, or to classes of passenger

13 automobiles, as defined under regulations of the Secretary, manufactured by

14 exempted manufacturers.

15 (4) The Secretary of Transportation may prescribe the contents of an ap16 plication for an exemption.

17 (e) EMERGENCY VEHICLES.—(1) In this subsection, ‘‘emergency vehicle’’

18 means an automobile manufactured primarily for use—

19 (A) as an ambulance or combination ambulance-hearse;

20 (B) by the United States Government or a State or local government

21 for law enforcement; or

22 (C) for other emergency uses prescribed by regulation by the Sec23 retary of Transportation.

24 (2) A manufacturer may elect to have the fuel economy of an emergency

25 vehicle excluded in applying a fuel economy standard under subsection (a),

26 (b), (c), or (d) of this section. The election is made by providing written

27 notice to the Secretary of Transportation and to the Administrator of the

28 Environmental Protection Agency.

29 (f) CONSIDERATIONS ON DECISIONS ON MAXIMUM FEASIBLE AVERAGE

30 FUEL ECONOMY.—When deciding maximum feasible average fuel economy

31 under this section, the Secretary of Transportation shall consider techno32 logical feasibility, economic practicability, the effect of other motor vehicle

33 standards of the Government on fuel economy, and the need of the United

34 States to conserve energy.

35 (g) REQUIREMENTS FOR OTHER AMENDMENTS.—(1) The Secretary of

36 Transportation may prescribe regulations amending an average fuel econ37 omy standard prescribed under subsection (a) or (d) of this section if the

38 amended standard meets the requirements of subsection (a) or (d), as ap39 propriate.

40 (2) When the Secretary of Transportation prescribes an amendment

41 under this section that makes an average fuel economy standard more strin-
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1 gent, the Secretary shall prescribe the amendment (and submit the amend2 ment to Congress when required under subsection (c)(2) of this section) at

3 least 18 months before the beginning of the model year to which the amend4 ment applies.

5 (h) LIMITATIONS.—In carrying out subsections (c), (f), and (g) of this

6 section, the Secretary of Transportation—

7 (1) may not consider the fuel economy of dedicated automobiles; and

8 (2) shall consider dual fueled automobiles to be operated only on gas9 oline or diesel fuel.

10 (i) SECRETARY OF ENERGY COMMENTS.—(1) Before issuing a notice pro11 posing to prescribe or amend an average fuel economy standard under sub12 section (a), (c), or (g) of this section, the Secretary of Transportation shall

13 give the Secretary of Energy at least 10 days from the receipt of the notice

14 during which the Secretary of Energy may, if the Secretary of Energy con15 cludes that the proposed standard would adversely affect the conservation

16 goals of the Secretary of Energy, provide written comments to the Secretary

17 of Transportation about the impact of the standard on those goals. To the

18 extent the Secretary of Transportation does not revise a proposed standard

19 to take into account comments of the Secretary of Energy on any adverse

20 impact of the standard, the Secretary of Transportation shall include those

21 comments in the notice.

22 (2) Before taking final action on a standard or an exemption from a

23 standard under this section, the Secretary of Transportation shall notify the

24 Secretary of Energy and provide the Secretary of Energy a reasonable time

25 to comment.

26 (j) CONSULTATION.—The Secretary of Transportation shall consult with

27 the Secretary of Energy in carrying out this section and section 32903 of

28 this title.

29 § 32903. Credits for exceeding average fuel economy stand30 ards

31 (a) EARNING AND PERIOD FOR APPLYING CREDITS.—When the average

32 fuel economy of passenger automobiles manufactured by a manufacturer in

33 a particular model year exceeds an applicable average fuel economy stand34 ard under section 32902(b)–(d) of this title (determined by the Secretary

35 of Transportation without regard to credits under this section), the manu36 facturer earns credits. The credits may be applied to—

37 (1) any of the 3 consecutive model years immediately before the

38 model year for which the credits are earned; and

39 (2) to the extent not used under clause (1) of this subsection, any

40 of the 3 consecutive model years immediately after the model year for

41 which the credits are earned.
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1 (b) PERIOD OF AVAILABILITY AND PLAN FOR FUTURE CREDITS.—(1)

2 Except as provided in paragraph (2) of this subsection, credits under this

3 section are available to a manufacturer at the end of the model year in

4 which earned.

5 (2)(A) Before the end of a model year, if a manufacturer has reason to

6 believe that its average fuel economy for passenger automobiles will be less

7 than the applicable standard for that model year, the manufacturer may

8 submit a plan to the Secretary of Transportation demonstrating that the

9 manufacturer will earn sufficient credits under this section within the next

10 3 model years to allow the manufacturer to meet that standard for the

11 model year involved. Unless the Secretary finds that the manufacturer is

12 unlikely to earn sufficient credits under the plan, the Secretary shall ap13 prove the plan. Those credits are available for the model year involved if—

14 (i) the Secretary approves the plan; and

15 (ii) the manufacturer earns those credits as provided by the plan.

16 (B) If the average fuel economy of a manufacturer is less than the appli17 cable standard under section 32902(b)–(d) of this title after applying credits

18 under subsection (a)(1) of this section, the Secretary of Transportation shall

19 notify the manufacturer and give the manufacturer a reasonable time (of

20 at least 60 days) to submit a plan.

21 (c) DETERMINING NUMBER OF CREDITS.—The number of credits a man22 ufacturer earns under this section equals the product of—

23 (1) the number of tenths of a mile a gallon by which the average

24 fuel economy of the passenger automobiles manufactured by the manu25 facturer in the model year in which the credits are earned exceeds the

26 applicable average fuel economy standard under section 32902(b)–(d)

27 of this title; times

28 (2) the number of passenger automobiles manufactured by the man29 ufacturer during that model year.

30 (d) APPLYING CREDITS FOR PASSENGER AUTOMOBILES.—The Secretary

31 of Transportation shall apply credits to a model year on the basis of the

32 number of tenths of a mile a gallon by which the manufacturer involved was

33 below the applicable average fuel economy standard for that model year and

34 the number of passenger automobiles manufactured that model year by the

35 manufacturer. Credits applied to a model year are no longer available for

36 another model year. Before applying credits, the Secretary shall give the

37 manufacturer written notice and reasonable opportunity to comment.

38 (e) APPLYING CREDITS FOR NON-PASSENGER AUTOMOBILES.—Credits

39 for a manufacturer of automobiles that are not passenger automobiles are

40 earned and applied to a model year in which the average fuel economy of

41 that class of automobiles is below the applicable average fuel economy
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1 standard under section 32902(a) of this title, to the same extent and in the

2 same way as provided in this section for passenger automobiles.

3 (f) REFUND OF COLLECTED PENALTY.—When a civil penalty has been

4 collected under this chapter from a manufacturer that has earned credits

5 under this section, the Secretary of the Treasury shall refund to the manu6 facturer the amount of the penalty to the extent the penalty is attributable

7 to credits available under this section.

8 § 32904. Calculation of average fuel economy

9 (a) METHOD OF CALCULATION.—(1) The Administrator of the Environ10 mental Protection Agency shall calculate the average fuel economy of a

11 manufacturer subject to—

12 (A) section 32902(a) of this title in a way prescribed by the Admin13 istrator; and

14 (B) section 32902(b)–(d) of this title by dividing—

15 (i) the number of passenger automobiles manufactured by the

16 manufacturer in a model year; by

17 (ii) the sum of the fractions obtained by dividing the number

18 of passenger automobiles of each model manufactured by the man19 ufacturer in that model year by the fuel economy measured for

20 that model.

21 (2)(A) In this paragraph, ‘‘electric vehicle’’ means a vehicle powered pri22 marily by an electric motor drawing electrical current from a portable

23 source.

24 (B) If a manufacturer manufactures an electric vehicle, the Administrator

25 shall include in the calculation of average fuel economy under paragraph (1)

26 of this subsection equivalent petroleum based fuel economy values deter27 mined by the Secretary of Energy for various classes of electric vehicles.

28 The Secretary shall review those values each year and determine and pro29 pose necessary revisions based on the following factors:

30 (i) the approximate electrical energy efficiency of the vehicle, consid31 ering the kind of vehicle and the mission and weight of the vehicle.

32 (ii) the national average electrical generation and transmission effi33 ciencies.

34 (iii) the need of the United States to conserve all forms of energy

35 and the relative scarcity and value to the United States of all fuel used

36 to generate electricity.

37 (iv) the specific patterns of use of electric vehicles compared to pe38 troleum-fueled vehicles.

39 (b) SEPARATE CALCULATIONS FOR PASSENGER AUTOMOBILES MANU40 FACTURED DOMESTICALLY AND NOT DOMESTICALLY.—(1) In this sub41 section—
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1 (A) a passenger automobile is deemed to be manufactured domesti2 cally in a model year if at least 75 percent of the cost to the manufac3 turer is attributable to value added in the United States or Canada,

4 unless the assembly of the automobile is completed in Canada and the

5 automobile is imported into the United States more than 30 days after

6 the end of the model year; and

7 (B) the fuel economy of a passenger automobile that is not manufac8 tured domestically is deemed to be equal to the average fuel economy

9 of all passenger automobiles that are not manufactured domestically.

10 (2)(A) Except as provided in paragraphs (4) and (5) of this subsection,

11 the Administrator shall make separate calculations under subsection

12 (a)(1)(B) of this section for—

13 (i) passenger automobiles manufactured domestically by a manufac14 turer (or included in this category under paragraph (3) of this sub15 section); and

16 (ii) passenger automobiles not manufactured domestically by that

17 manufacturer (or excluded from this category under paragraph (3) of

18 this subsection).

19 (B) Passenger automobiles described in subparagraph (A)(i) and (ii) of

20 this paragraph are deemed to be manufactured by separate manufacturers

21 under this chapter.

22 (3)(A) A manufacturer may submit to the Secretary of Transportation for

23 approval a plan, including supporting material, stating the actions and the

24 deadlines for taking the actions, that will ensure that the model or models

25 referred to in subparagraph (B) of this paragraph will be manufactured do26 mestically before the end of the 4th model year covered by the plan. The

27 Secretary promptly shall consider and act on the plan. The Secretary shall

28 approve the plan unless—

29 (i) the Secretary finds that the plan is inadequate to meet the re30 quirements of this paragraph; or

31 (ii) the manufacturer previously has submitted a plan approved by

32 the Secretary under this paragraph.

33 (B) If the plan is approved, the Administrator shall include under para34 graph (2)(A)(i) and exclude under paragraph (2)(A)(ii) of this subsection,

35 for each of the 4 model years covered by the plan, not more than 150,000

36 passenger automobiles manufactured by that manufacturer but not qualify37 ing as domestically manufactured if—

38 (i) the model or models involved previously have not been manufac39 tured domestically;
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1 (ii) at least 50 percent of the cost to the manufacturer of each of

2 the automobiles is attributable to value added in the United States or

3 Canada;

4 (iii) the automobiles, if their assembly was completed in Canada, are

5 imported into the United States not later than 30 days after the end

6 of the model year; and

7 (iv) the model or models are manufactured domestically before the

8 end of the 4th model year covered by the plan.

9 (4)(A) A manufacturer may file with the Secretary of Transportation a

10 petition for an exemption from the requirement of separate calculations

11 under paragraph (2)(A) of this subsection if the manufacturer began auto12 mobile production or assembly in the United States—

13 (i) after December 22, 1975, and before May 1, 1980; or

14 (ii) after April 30, 1980, if the manufacturer has engaged in the pro15 duction or assembly in the United States for at least one model year

16 ending before January 1, 1986.

17 (B) The Secretary of Transportation shall grant the exemption unless the

18 Secretary finds that the exemption would result in reduced employment in

19 the United States related to motor vehicle manufacturing during the period

20 of the exemption. An exemption under this paragraph is effective for 5

21 model years or, if requested by the manufacturer, a longer period provided

22 by the Secretary in the order granting the exemption. The exemption applies

23 to passenger automobiles manufactured by that manufacturer during the pe24 riod of the exemption.

25 (C) Before granting an exemption, the Secretary of Transportation shall

26 provide notice of, and reasonable opportunity for, written or oral comment

27 about the petition. The period for comment shall end not later than 60 days

28 after the petition is filed, except that the Secretary may extend the period

29 for not more than another 30 days. The Secretary shall decide whether to

30 grant or deny the exemption, and publish notice of the decision in the Fed31 eral Register, not later than 90 days after the petition is filed, except that

32 the Secretary may extend the time for decision to a later date (not later

33 than 150 days after the petition is filed) if the Secretary publishes notice

34 of, and reasons for, the extension in the Federal Register. If the Secretary

35 does not make a decision within the time provided in this subparagraph, the

36 petition is deemed to have been granted. Not later than 30 days after the

37 end of the decision period, the Secretary shall submit a written statement

38 of the reasons for not making a decision to the Committee on Commerce,

39 Science, and Transportation of the Senate and the Committee on Energy

40 and Commerce of the House of Representatives.
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1 (5)(A) A person adversely affected by a decision of the Secretary of

2 Transportation granting or denying an exemption may file, not later than

3 30 days after publication of the notice of the decision, a petition for review

4 in the United States Court of Appeals for the District of Columbia Circuit.

5 That court has exclusive jurisdiction to review the decision and to affirm,

6 remand, or set aside the decision under section 706(2)(A)–(D) of title 5.

7 (B) A judgment of the court under this subparagraph may be reviewed

8 by the Supreme Court under section 1254 of title 28. Application for review

9 by the Supreme Court must be made not later than 30 days after entry

10 of the court’s judgment.

11 (C) A decision of the Secretary of Transportation on a petition for an

12 exemption under this paragraph may be reviewed administratively or judi13 cially only as provided in this paragraph.

14 (6) Notwithstanding section 32903 of this title, during a model year when

15 an exemption under this paragraph is effective for a manufacturer—

16 (A) credit may not be earned under section 32903(a) of this title by

17 the manufacturer; and

18 (B) credit may not be made available under section 32903(b)(2) of

19 this title for the manufacturer.

20 (c) TESTING AND CALCULATION PROCEDURES.—The Administrator shall

21 measure fuel economy for each model and calculate average fuel economy

22 for a manufacturer under testing and calculation procedures prescribed by

23 the Administrator. However, except under section 32908 of this title, the

24 Administrator shall use the same procedures for passenger automobiles the

25 Administrator used for model year 1975 (weighted 55 percent urban cycle

26 and 45 percent highway cycle), or procedures that give comparable results.

27 A measurement of fuel economy or a calculation of average fuel economy

28 (except under section 32908) shall be rounded off to the nearest .1 of a

29 mile a gallon. The Administrator shall decide on the quantity of other fuel

30 that is equivalent to one gallon of gasoline. To the extent practicable, a fuel

31 economy test shall be carried out with emissions tests under section 206 of

32 the Clean Air Act (42 U.S.C. 7525).

33 (d) EFFECTIVE DATE OF PROCEDURE OR AMENDMENT.—The Adminis34 trator shall prescribe a procedure under this section, or an amendment (ex35 cept a technical or clerical amendment) in a procedure, at least 12 months

36 before the beginning of the model year to which the procedure or amend37 ment applies.

38 (e) REPORTS AND CONSULTATION.—The Administrator shall report

39 measurements and calculations under this section to the Secretary of Trans40 portation and shall consult and coordinate with the Secretary in carrying

41 out this section.
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1 § 32905. Manufacturing incentives for alternative fuel auto2 mobiles

3 (a) DEDICATED AUTOMOBILES.—Except as provided in subsection (c) of

4 this section or section 32904(a)(2) of this title, for any model of dedicated

5 automobile manufactured by a manufacturer after model year 1992, the fuel

6 economy measured for that model shall be based on the fuel content of the

7 alternative fuel used to operate the automobile. A gallon of a liquid alter8 native fuel used to operate a dedicated automobile is deemed to contain .15

9 gallon of fuel.

10 (b) DUAL FUELED AUTOMOBILES.—Except as provided in subsection (d)

11 of this section or section 32904(a)(2) of this title, for any model of dual

12 fueled automobile manufactured by a manufacturer in model years 1993–

13 2004, the Administrator of the Environmental Protection Agency shall

14 measure the fuel economy for that model by dividing 1.0 by the sum of—

15 (1) .5 divided by the fuel economy measured under section 32904(c)

16 of this title when operating the model on gasoline or diesel fuel; and

17 (2) .5 divided by the fuel economy measured under subsection (a)

18 of this section when operating the model on alternative fuel.

19 (c) GASEOUS FUEL DEDICATED AUTOMOBILES.—For any model of gase20 ous fuel dedicated automobile manufactured by a manufacturer after model

21 year 1992, the Administrator shall measure the fuel economy for that model

22 based on the fuel content of the gaseous fuel used to operate the auto23 mobile. One hundred cubic feet of natural gas is deemed to contain .823

24 gallon equivalent of natural gas. The Secretary of Transportation shall de25 termine the appropriate gallon equivalent of other gaseous fuels. A gallon

26 equivalent of gaseous fuel is deemed to have a fuel content of .15 gallon

27 of fuel.

28 (d) GASEOUS FUEL DUAL FUELED AUTOMOBILES.—For any model of

29 gaseous fuel dual fueled automobile manufactured by a manufacturer in

30 model years 1993–2004, the Administrator shall measure the fuel economy

31 for that model by dividing 1.0 by the sum of—

32 (1) .5 divided by the fuel economy measured under section 32904(c)

33 of this title when operating the model on gasoline or diesel fuel; and

34 (2) .5 divided by the fuel economy measured under subsection (c) of

35 this section when operating the model on gaseous fuel.

36 (e) FUEL ECONOMY CALCULATIONS.—The Administrator shall calculate

37 the manufacturer’s average fuel economy under section 32904(a)(1) of this

38 title for each model described under subsections (a)–(d) of this section by

39 using as the denominator the fuel economy measured for each model under

40 subsections (a)–(d).
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1 (f) EXTENDING APPLICATION OF SUBSECTIONS (b) AND (d).—Not later

2 than December 31, 2001, the Secretary of Transportation shall—

3 (1) extend by regulation the application of subsections (b) and (d)

4 of this section for not more than 4 consecutive model years immediately

5 after model year 2004 and explain the basis on which the extension is

6 granted; or

7 (2) publish a notice explaining the reasons for not extending the ap8 plication of subsections (b) and (d) of this section.

9 (g) STUDY AND REPORT.—Not later than September 30, 2000, the Sec10 retary of Transportation, in consultation with the Secretary of Energy and

11 the Administrator, shall complete a study of the success of the policy of sub12 sections (b) and (d) of this title, and submit to the Committees on Com13 merce, Science, and Transportation and Governmental Affairs of the Senate

14 and the Committee on Energy and Commerce of the House of Representa15 tives a report on the results of the study, including preliminary conclusions

16 on whether the application of subsections (b) and (d) should be extended

17 for up to 4 more model years. The study and conclusions shall consider—

18 (1) the availability to the public of alternative fueled automobiles and

19 alternative fuel;

20 (2) energy conservation and security;

21 (3) environmental considerations; and

22 (4) other relevant factors.

23 § 32906. Maximum fuel economy increase for alternative fuel

24 automobiles

25 (a) MAXIMUM INCREASES.—(1)(A) For each of the model years 1993–

26 2004 for each category of automobile (except an electric automobile), the

27 maximum increase in average fuel economy for a manufacturer attributable

28 to dual fueled automobiles is 1.2 miles a gallon.

29 (B) If the application of section 32905(b) and (d) of this title is extended

30 under section 32905(f) of this title, for each category of automobile (except

31 an electric automobile) the maximum increase in average fuel economy for

32 a manufacturer for each of the model years 2005–2008 attributable to dual

33 fueled automobiles is .9 mile a gallon.

34 (2) In applying paragraph (1) of this subsection, the Administrator of the

35 Environmental Protection Agency shall determine the increase in a manu36 facturer’s average fuel economy attributable to dual fueled automobiles by

37 subtracting from the manufacturer’s average fuel economy calculated under

38 section 32905(e) of this title the number equal to what the manufacturer’s

39 average fuel economy would be if it were calculated by the formula in sec40 tion 32904(a)(1) of this title by including as the denominator for each

41 model of dual fueled automobile the fuel economy when the automobiles are
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1 operated on gasoline or diesel fuel. If the increase attributable to dual fueled

2 automobiles for any model year described—

3 (A) in paragraph (1)(A) of this subsection is more than 1.2 miles

4 a gallon, the limitation in paragraph (1)(A) applies; and

5 (B) in paragraph (1)(B) of this subsection is more than .9 mile a

6 gallon, the limitation in paragraph (1)(B) applies.

7 (b) OFFSETS.—Notwithstanding this section and sections 32901(c) and

8 32905 of this title, if the Secretary of Transportation reduces the average

9 fuel economy standard for passenger automobiles for any model year below

10 27.5 miles a gallon, an increase in average fuel economy for passenger auto11 mobiles of more than .7 mile a gallon to which a manufacturer of dual

12 fueled automobiles would otherwise be entitled is reduced by an amount

13 equal to the amount of the reduction in the standard. However, the increase

14 may not be reduced to less than .7 mile a gallon.

15 § 32907. Reports and tests of manufacturers

16 (a) MANUFACTURER REPORTS.—(1) A manufacturer shall report to the

17 Secretary of Transportation on—

18 (A) whether the manufacturer will comply with an applicable average

19 fuel economy standard under section 32902 of this title for the model

20 year for which the report is made;

21 (B) the actions the manufacturer has taken or intends to take to

22 comply with the standard; and

23 (C) other information the Secretary requires by regulation.

24 (2) A manufacturer shall submit a report under paragraph (1) of this

25 subsection during the 30 days—

26 (A) before the beginning of each model year; and

27 (B) beginning on the 180th day of the model year.

28 (3) When a manufacturer decides that actions reported under paragraph

29 (1)(B) of this subsection are not sufficient to ensure compliance with that

30 standard, the manufacturer shall report to the Secretary additional actions

31 the manufacturer intends to take to comply with the standard and include

32 a statement about whether those actions are sufficient to ensure compliance.

33 (4) This subsection does not apply to a manufacturer for a model year

34 for which the manufacturer is subject to an alternative average fuel econ35 omy standard under section 32902(d) of this title.

36 (b) RECORDS, REPORTS, TESTS, INFORMATION, AND INSPECTION.—(1)

37 Under regulations prescribed by the Secretary or the Administrator of the

38 Environmental Protection Agency to carry out this chapter, a manufacturer

39 shall keep records, make reports, conduct tests, and provide items and infor40 mation. On request and display of proper credentials, an officer or employee

41 designated by the Secretary or Administrator may inspect automobiles and
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1 records of the manufacturer. An inspection shall be made at a reasonable

2 time and in a reasonable way.

3 (2) The district courts of the United States may—

4 (A) issue an order enforcing a requirement or request under para5 graph (1) of this subsection; and

6 (B) punish a failure to obey the order as a contempt of court.

7 § 32908. Fuel economy information

8 (a) DEFINITIONS.—In this section—

9 (1) ‘‘automobile’’ includes an automobile rated at not more than

10 8,500 pounds gross vehicle weight regardless of whether the Secretary

11 of Transportation has applied this chapter to the automobile under sec12 tion 32901(a)(3)(B) of this title.

13 (2) ‘‘dealer’’ means a person residing or located in a State, the Dis14 trict of Columbia, or a territory or possession of the United States, and

15 engaged in the sale or distribution of new automobiles to the first per16 son (except a dealer buying as a dealer) that buys the automobile in

17 good faith other than for resale.

18 (b) LABELING REQUIREMENTS AND CONTENTS.—(1) Under regulations

19 of the Administrator of the Environmental Protection Agency, a manufac20 turer of automobiles shall attach a label to a prominent place on each auto21 mobile manufactured in a model year. The dealer shall maintain the label.

22 The label shall contain the following information:

23 (A) the fuel economy of the automobile.

24 (B) the estimated annual fuel cost of operating the automobile.

25 (C) the range of fuel economy of comparable automobiles of all man26 ufacturers.

27 (D) a statement that a booklet is available from the dealer to assist

28 in making a comparison of fuel economy of other automobiles manufac29 tured by all manufacturers in that model year.

30 (E) the amount of the automobile fuel efficiency tax imposed on the

31 sale of the automobile under section 4064 of the Internal Revenue Code

32 of 1986 (26 U.S.C. 4064).

33 (F) other information required or authorized by the Administrator

34 that is related to the information required by clauses (A)–(D) of this

35 paragraph.

36 (2) The Administrator may allow a manufacturer to comply with this sub37 section by—

38 (A) disclosing the information on the label required under section 3

39 of the Automobile Information Disclosure Act (15 U.S.C. 1232); and
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1 (B) including the statement required by paragraph (1)(E) of this

2 subsection at a time and in a way that takes into account special cir3 cumstances or characteristics.

4 (3) For dedicated automobiles manufactured after model year 1992, the

5 fuel economy of those automobiles under paragraph (1)(A) of this sub6 section is the fuel economy for those automobiles when operated on alter7 native fuel, measured under section 32905 (a) or (c) of this title, multiplied

8 by .l5. Each label required under paragraph (1) of this subsection for dual

9 fueled automobiles shall—

10 (A) indicate the fuel economy of the automobile when operated on

11 gasoline or diesel fuel;

12 (B) clearly identify the automobile as a dual fueled automobile;

13 (C) clearly identify the fuels on which the automobile may be oper14 ated; and

15 (D) contain a statement informing the consumer that the additional

16 information required by subsection (c)(2) of this section is published

17 and distributed by the Secretary of Energy.

18 (c) FUEL ECONOMY INFORMATION BOOKLET.—(1) The Administrator

19 shall prepare the booklet referred to in subsection (b)(1)(D) of this section.

20 The booklet—

21 (A) shall be simple and readily understandable;

22 (B) shall contain information on fuel economy and estimated annual

23 fuel costs of operating automobiles manufactured in each model year;

24 and

25 (C) may contain information on geographical or other differences in

26 estimated annual fuel costs.

27 (2)(A) For dual fueled automobiles manufactured after model year 1992,

28 the booklet published under paragraph (1) shall contain additional informa29 tion on—

30 (i) the energy efficiency and cost of operation of those automobiles

31 when operated on gasoline or diesel fuel as compared to those auto32 mobiles when operated on alternative fuel; and

33 (ii) the driving range of those automobiles when operated on gasoline

34 or diesel fuel as compared to those automobiles when operated on alter35 native fuel.

36 (B) For dual fueled automobiles, the booklet published under paragraph

37 (1) also shall contain—

38 (i) information on the miles a gallon achieved by the automobiles

39 when operated on alternative fuel; and
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1 (ii) a statement explaining how the information made available under

2 this paragraph can be expected to change when the automobile is oper3 ated on mixtures of alternative fuel and gasoline or diesel fuel.

4 (3) The Secretary of Energy shall publish and distribute the booklet. The

5 Administrator shall prescribe regulations requiring dealers to make the

6 booklet available to prospective buyers.

7 (d) DISCLOSURE.—A disclosure about fuel economy or estimated annual

8 fuel costs under this section does not establish a warranty under a law of

9 the United States or a State.

10 (e) VIOLATIONS.—A violation of subsection (b) of this section is—

11 (1) a violation of section 3 of the Automobile Information Disclosure

12 Act (15 U.S.C. 1232); and

13 (2) an unfair or deceptive act or practice in or affecting commerce

14 under the Federal Trade Commission Act (15 U.S.C. 41 et seq.), ex15 cept sections 5(m) and 18 (15 U.S.C. 45(m), 57a).

16 (f) CONSULTATION.—The Administrator shall consult with the Federal

17 Trade Commission and the Secretaries of Transportation and Energy in

18 carrying out this section.

19 § 32909. Judicial review of regulations

20 (a) FILING AND VENUE.—(1) A person that may be adversely affected

21 by a regulation prescribed in carrying out section 32901–32904 or 32908

22 of this title may apply for review of the regulation by filing a petition for

23 review in the United States Court of Appeals for the District of Columbia

24 Circuit or in the court of appeals of the United States for the circuit in

25 which the person resides or has its principal place of business.

26 (2) A person adversely affected by a regulation prescribed under section

27 32912(c)(1) of this title may apply for review of the regulation by filing a

28 petition for review in the court of appeals of the United States for the cir29 cuit in which the person resides or has its principal place of business.

30 (b) TIME FOR FILING AND JUDICIAL PROCEDURES.—The petition must

31 be filed not later than 59 days after the regulation is prescribed, except that

32 a petition for review of a regulation prescribing an amendment of a stand33 ard submitted to Congress under section 32902(c)(2) of this title must be

34 filed not later than 59 days after the end of the 60-day period referred to

35 in section 32902(c)(2). The clerk of the court shall send immediately a copy

36 of the petition to the Secretary of Transportation or the Administrator of

37 the Environmental Protection Agency, whoever prescribed the regulation.

38 The Secretary or the Administrator shall file with the court a record of the

39 proceeding in which the regulation was prescribed.

40 (c) ADDITIONAL PROCEEDINGS.—(1) When reviewing a regulation under

41 subsection (a)(1) of this section, the court, on request of the petitioner, may
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1 order the Secretary or the Administrator to receive additional submissions

2 if the court is satisfied the additional submissions are material and there

3 were reasonable grounds for not presenting the submissions in the proceed4 ing before the Secretary or Administrator.

5 (2) The Secretary or the Administrator may amend or set aside the regu6 lation, or prescribe a new regulation because of the additional submissions

7 presented. The Secretary or Administrator shall file an amended or new reg8 ulation and the additional submissions with the court. The court shall re9 view a changed or new regulation.

10 (d) SUPREME COURT REVIEW AND ADDITIONAL REMEDIES.—A judg11 ment of a court under this section may be reviewed only by the Supreme

12 Court under section 1254 of title 28. A remedy under subsections (a)(1)

13 and (c) of this section is in addition to any other remedies provided by law.

14 § 32910. Administrative

15 (a) GENERAL POWERS.—(1) In carrying out this chapter, the Secretary

16 of Transportation or the Administrator of the Environmental Protection

17 Agency may—

18 (A) inspect and copy records of any person at reasonable times;

19 (B) order a person to file written reports or answers to specific ques20 tions, including reports or answers under oath; and

21 (C) conduct hearings, administer oaths, take testimony, and subpena

22 witnesses and records the Secretary or Administrator considers advis23 able.

24 (2) A witness summoned under paragraph (1)(C) of this subsection is en25 titled to the same fee and mileage the witness would have been paid in a

26 court of the United States.

27 (b) CIVIL ACTIONS TO ENFORCE.—A civil action to enforce a subpena

28 or order of the Secretary or Administrator under subsection (a) of this sec29 tion may be brought in the district court of the United States for the judi30 cial district in which the proceeding by the Secretary or Administrator was

31 conducted. The court may punish a failure to obey an order of the court

32 to comply with the subpena or order of the Secretary or Administrator as

33 a contempt of court.

34 (c) DISCLOSURE OF INFORMATION.—The Secretary and the Adminis35 trator shall disclose information obtained under this chapter (except infor36 mation obtained under section 32904(c) of this title) under section 552 of

37 title 5. However, the Secretary or Administrator may withhold information

38 under section 552(b)(4) of title 5 only if the Secretary or Administrator de39 cides that disclosure of the information would cause significant competitive

40 damage. A matter referred to in section 552(b)(4) and relevant to an ad41 ministrative or judicial proceeding under this chapter may be disclosed in
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1 that proceeding. A measurement or calculation under section 32904(c) of

2 this title shall be disclosed under section 552 of title 5 without regard to

3 section 552(b).

4 (d) REGULATIONS.—The Administrator may prescribe regulations to

5 carry out duties of the Administrator under this chapter.

6 § 32911. Compliance

7 (a) GENERAL.—A person commits a violation if the person fails to comply

8 with this chapter and regulations and standards prescribed and orders is9 sued under this chapter (except sections 32902, 32903, 32908(b), and

10 32917(b) and regulations and standards prescribed and orders issued under

11 those sections). The Secretary of Transportation shall conduct a proceeding,

12 with an opportunity for a hearing on the record, to decide whether a person

13 has committed a violation. Any interested person may participate in a pro14 ceeding under this subsection.

15 (b) AUTOMOBILE MANUFACTURERS.—A manufacturer of automobiles

16 commits a violation if the manufacturer fails to comply with an applicable

17 average fuel economy standard under section 32902 of this title. Compliance

18 is determined after considering credits available to the manufacturer under

19 section 32903 of this title. If average fuel economy calculations under sec20 tion 32904(c) of this title indicate that a manufacturer has violated this

21 subsection, the Secretary shall conduct a proceeding, with an opportunity

22 for a hearing on the record, to decide whether a violation has been commit23 ted. The Secretary may not conduct the proceeding if further measurements

24 of fuel economy, further calculations of average fuel economy, or other in25 formation indicates a violation has not been committed. The results of the

26 measurements and calculations and the information shall be published in

27 the Federal Register. Any interested person may participate in a proceeding

28 under this subsection.

29 § 32912. Civil penalties

30 (a) GENERAL PENALTY.—A person that violates section 32911(a) of this

31 title is liable to the United States Government for a civil penalty of not

32 more than $10,000 for each violation. A separate violation occurs for each

33 day the violation continues.

34 (b) PENALTY FOR MANUFACTURER VIOLATIONS OF FUEL ECONOMY

35 STANDARDS.—Except as provided in subsection (c) of this section, a manu36 facturer that violates a standard prescribed for a model year under section

37 32902 of this title is liable to the Government for a civil penalty of $5 mul38 tiplied by each .1 of a mile a gallon by which the applicable average fuel

39 economy standard under that section exceeds the average fuel economy—
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1 (1)(A) calculated under section 32904(a)(1)(A) of this title for auto2 mobiles to which the standard applies manufactured by the manufac3 turer during the model year;

4 (B) multiplied by the number of those automobiles; and

5 (C) reduced by the credits available to the manufacturer under sec6 tion 32903 of this title for the model year; and

7 (2)(A) calculated under section 32904(a)(1)(B) of this title for pas8 senger automobiles manufactured by the manufacturer during the

9 model year;

10 (B) multiplied by the number of those automobiles; and

11 (C) reduced by the credits available to the manufacturer under sec12 tion 32903 of this title for the model year.

13 (c) HIGHER PENALTY AMOUNTS.—(1)(A) The Secretary of Transpor14 tation shall prescribe by regulation a higher amount for each .1 of a mile

15 a gallon to be used in calculating a civil penalty under subsection (b) of this

16 section, if the Secretary decides that the increase in the penalty—

17 (i) will result in, or substantially further, substantial energy con18 servation for automobiles in model years in which the increased penalty

19 may be imposed; and

20 (ii) will not have a substantial deleterious impact on the economy of

21 the United States, a State, or a region of a State.

22 (B) The amount prescribed under subparagraph (A) of this paragraph

23 may not be more than $10 for each .1 of a mile a gallon.

24 (C) The Secretary may make a decision under subparagraph (A)(ii) of

25 this paragraph only when the Secretary decides that it is likely that the in26 crease in the penalty will not—

27 (i) cause a significant increase in unemployment in a State or a re28 gion of a State;

29 (ii) adversely affect competition; or

30 (iii) cause a significant increase in automobile imports.

31 (D) A higher amount prescribed under subparagraph (A) of this para32 graph is effective for the model year beginning at least 18 months after the

33 regulation stating the higher amount becomes final.

34 (2) The Secretary shall publish in the Federal Register a proposed regu35 lation under this subsection and a statement of the basis for the regulation

36 and provide each manufacturer of automobiles a copy of the proposed regu37 lation and the statement. The Secretary shall provide a period of at least

38 45 days for written public comments on the proposed regulation. The Sec39 retary shall submit a copy of the proposed regulation to the Federal Trade

40 Commission and request the Commission to comment on the proposed regu41 lation within that period. After that period, the Secretary shall give inter-
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1 ested persons and the Commission an opportunity at a public hearing to

2 present oral information, views, and arguments and to direct questions

3 about disputed issues of material fact to—

4 (A) other interested persons making oral presentations;

5 (B) employees and contractors of the Government that made written

6 comments or an oral presentation or participated in the development

7 or consideration of the proposed regulation; and

8 (C) experts and consultants that provided information to a person

9 that the person includes, or refers to, in an oral presentation.

10 (3) The Secretary may restrict the questions of an interested person and

11 the Commission when the Secretary decides that the questions are duplica12 tive or not likely to result in a timely and effective resolution of the issues.

13 A transcript shall be kept of a public hearing under this subsection. A copy

14 of the transcript and written comments shall be available to the public at

15 the cost of reproduction.

16 (4) The Secretary shall publish a regulation prescribed under this sub17 section in the Federal Register with the decisions required under paragraph

18 (1) of this subsection.

19 (5) An officer or employee of a department, agency, or instrumentality

20 of the Government violates section 1905 of title 18 by disclosing, except in

21 an in camera proceeding by the Secretary or a court, information—

22 (A) provided to the Secretary or the court during consideration or

23 review of a regulation prescribed under this subsection; and

24 (B) decided by the Secretary to be confidential under section 11(d)

25 of the Energy Supply and Environmental Coordination Act of 1974 (15

26 U.S.C. 796(d)).

27 (d) WRITTEN NOTICE REQUIREMENT.—The Secretary shall impose a

28 penalty under this section by written notice.

29 § 32913. Compromising and remitting civil penalties

30 (a) GENERAL AUTHORITY AND LIMITATIONS.—The Secretary of Trans31 portation may compromise or remit the amount of a civil penalty imposed

32 under section 32912(a) or (b) of this title. However, the amount of a pen33 alty imposed under section 32912(b) may be compromised or remitted only

34 to the extent—

35 (1) necessary to prevent the insolvency or bankruptcy of the manu36 facturer of automobiles;

37 (2) the manufacturer shows that the violation was caused by an act

38 of God, a strike, or a fire; or

39 (3) the Federal Trade Commission certifies under subsection (b)(1)

40 of this section that a reduction in the penalty is necessary to prevent

41 a substantial lessening of competition.
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1 (b) PENALTY REDUCTION BY COMMISSION.—(1) A manufacturer liable

2 for a civil penalty under section 32912(b) of this title may apply to the

3 Commission for a certification that the penalty should be reduced to prevent

4 a substantial lessening of competition in the segment of the motor vehicle

5 industry subject to the standard that was violated. The Commission shall

6 make the certification when it finds that reduction is necessary to prevent

7 the lessening. The Commission shall state in the certification the maximum

8 amount by which the penalty may be reduced.

9 (2) An application under this subsection must be made not later than 30

10 days after the Secretary decides that the manufacturer has violated section

11 32911(b) of this title. To the maximum extent practicable, the Commission

12 shall make a decision on an application by the 90th day after the applica13 tion is filed. A proceeding under this subsection may not delay the manufac14 turer’s liability for the penalty for more than 90 days after the application

15 is filed.

16 (3) When a civil penalty is collected in a civil action under this chapter

17 before a decision of the Commission under this subsection is final, the pay18 ment shall be paid to the court in which the action was brought. The court

19 shall deposit the payment in the general fund of the Treasury on the 90th

20 day after the decision of the Commission becomes final. When the court is

21 holding payment of a penalty reduced under subsection (a)(3) of this sec22 tion, the Secretary shall direct the court to remit the appropriate amount

23 of the penalty to the manufacturer.

24 § 32914. Collecting civil penalties

25 (a) CIVIL ACTIONS.—If a person does not pay a civil penalty after it be26 comes a final order of the Secretary of Transportation or a judgment of

27 a court of appeals of the United States for a circuit, the Attorney General

28 shall bring a civil action in an appropriate district court of the United

29 States to collect the penalty. The validity and appropriateness of the final

30 order imposing the penalty is not reviewable in the action.

31 (b) PRIORITY OF CLAIMS.—A claim of a creditor against a bankrupt or

32 insolvent manufacturer of automobiles has priority over a claim of the Unit33 ed States Government against the manufacturer for a civil penalty under

34 section 32912(b) of this title when the creditor’s claim is for credit extended

35 before a final judgment (without regard to section 32913(b)(1) and (2) of

36 this title) in an action to collect under subsection (a) of this section.

37 § 32915. Appealing civil penalties

38 Any interested person may appeal a decision of the Secretary of Trans39 portation to impose a civil penalty under section 32912(a) or (b) of this

40 title, or of the Federal Trade Commission under section 32913(b)(1) of this

41 title, in the United States Court of Appeals for the District of Columbia
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1 Circuit or in the court of appeals of the United States for the circuit in

2 which the person resides or has its principal place of business. A person ap3 pealing a decision must file a notice of appeal with the court not later than

4 30 days after the decision and, at the same time, send a copy of the notice

5 by certified mail to the Secretary or the Commission. The Secretary or the

6 Commission promptly shall file with the court a certified copy of the record

7 of the proceeding in which the decision was made.

8 § 32916. Reports to Congress

9 (a) ANNUAL REPORT.—Not later than January 15 of each year, the Sec10 retary of Transportation shall submit to each House of Congress, and pub11 lish in the Federal Register, a report on the review by the Secretary of aver12 age fuel economy standards prescribed under this chapter.

13 (b) JOINT EXAMINATIONS AFTER GRANTING EXEMPTIONS.—(1) After an

14 exemption has been granted under section 32904(b)(4) of this title, the Sec15 retaries of Transportation and Labor shall conduct annually a joint exam16 ination of the extent to which section 32904(b)(4)—

17 (A) achieves the purposes of this chapter;

18 (B) improves fuel efficiency (thereby facilitating conservation of pe19 troleum and reducing petroleum imports);

20 (C) has promoted employment in the United States related to auto21 mobile manufacturing;

22 (D) has not caused unreasonable harm to the automobile manufac23 turing sector in the United States; and

24 (E) has permitted manufacturers that have assembled passenger

25 automobiles deemed to be manufactured domestically under section

26 32904(b)(1)(A) of this title thereafter to assemble in the United States

27 passenger automobiles of the same model that have less than 75 per28 cent of their value added in the United States or Canada, together with

29 the reasons.

30 (2) The Secretary of Transportation shall include the results of the exam31 ination under paragraph (1) of this subsection in each report submitted

32 under subsection (a) of this section more than 180 days after an exemption

33 has been granted under section 32904(b)(4) of this title, or submit the re34 sults of the examination directly to Congress before the report is submitted

35 when circumstances warrant.

36 § 32917. Standards for executive agency automobiles

37 (a) DEFINITION.—In this section, ‘‘executive agency’’ has the same mean38 ing given that term in section 105 of title 5.

39 (b) FLEET AVERAGE FUEL ECONOMY.—(1) The President shall prescribe

40 regulations that require passenger automobiles leased for at least 60 con41 secutive days or bought by executive agencies in a fiscal year to achieve a
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1 fleet average fuel economy (determined under paragraph (2) of this sub2 section) for that year of at least the greater of—

3 (A) 18 miles a gallon; or

4 (B) the applicable average fuel economy standard under section

5 32902(b) or (c) of this title for the model year that includes January

6 1 of that fiscal year.

7 (2) Fleet average fuel economy is—

8 (A) the total number of passenger automobiles leased for at least 60

9 consecutive days or bought by executive agencies in a fiscal year (ex10 cept automobiles designed for combat-related missions, law enforcement

11 work, or emergency rescue work); divided by

12 (B) the sum of the fractions obtained by dividing the number of

13 automobiles of each model leased or bought by the fuel economy of that

14 model.

15 § 32918. Preemption

16 (a) GENERAL.—When an average fuel economy standard prescribed under

17 this chapter is in effect, a State or a political subdivision of a State may

18 not adopt or enforce a law or regulation on fuel economy standards or aver19 age fuel economy standards for automobiles covered by an average fuel

20 economy standard under this chapter.

21 (b) REQUIREMENTS MUST BE IDENTICAL.—When a requirement under

22 section 32908 of this title is in effect, a State or a political subdivision of

23 a State may adopt or enforce a law or regulation on disclosure of fuel econ24 omy or fuel operating costs for an automobile covered by section 32908 only

25 if the law or regulation is identical to that requirement.

26 (c) STATE AND POLITICAL SUBDIVISION AUTOMOBILES.—A State or a

27 political subdivision of a State may prescribe requirements for fuel economy

28 for automobiles obtained for its own use.

29 CHAPTER 331—THEFT PREVENTION

Sec.

33101. Definitions.

33102. Theft prevention standard for high theft lines.

33103. Theft prevention standard for other lines.

33104. Designation of high theft vehicle lines and parts.

33105. Cost limitations.

33106. Exemption for passenger motor vehicles equipped with anti-theft devices.

33107. Voluntary vehicle identification standards.

33108. Monitoring compliance of manufacturers.

33109. National Stolen Passenger Motor Vehicle Information System.

33110. Verifications involving junk and salvage motor vehicles.

33111. Verifications involving motor vehicle major parts.

33112. Insurance reports and information.

33113. Theft reports.

33114. Prohibited acts.

33115. Civil penalties and enforcement.

33116. Confidentiality of information.

33117. Judicial review.
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33118. Preemption of State and local law.

1 § 33101. Definitions

2 In this chapter—

3 (1) ‘‘chop shop’’ means a building, lot, facility, or other structure or

4 premise at which at least one person engages in receiving, concealing,

5 destroying, disassembling, dismantling, reassembling, or storing a pas6 senger motor vehicle or passenger motor vehicle part that has been un7 lawfully obtained—

8 (A) to alter, counterfeit, deface, destroy, disguise, falsify, forge,

9 obliterate, or remove the identity of the vehicle or part, including

10 the vehicle identification number or a derivative of that number;

11 and

12 (B) to distribute, sell, or dispose of the vehicle or part in inter13 state or foreign commerce.

14 (2) ‘‘covered major part’’ means a major part selected under sections

15 33102(c)(1) and 33104 of this title for coverage by the vehicle theft

16 prevention standard prescribed under section 33102 or 33103.

17 (3) ‘‘existing line’’ means a line introduced into commerce before

18 January 1, 1990.

19 (4) ‘‘first purchaser’’ means the person making the first purchase

20 other than for resale.

21 (5) ‘‘line’’ means a name that a manufacturer of motor vehicles ap22 plies to a group of motor vehicle models of the same make that have

23 the same body or chassis, or otherwise are similar in construction or

24 design.

25 (6) ‘‘major part’’ means—

26 (A) the engine;

27 (B) the transmission;

28 (C) each door to the passenger compartment;

29 (D) the hood;

30 (E) the grille;

31 (F) each bumper;

32 (G) each front fender;

33 (H) the deck lid, tailgate, or hatchback;

34 (I) each rear quarter panel;

35 (J) the trunk floor pan;

36 (K) the frame or, for a unitized body, the supporting structure

37 serving as the frame; and

38 (L) any other part of a passenger motor vehicle that the Sec39 retary of Transportation by regulation specifies as comparable in
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1 design or function to any of the parts listed in subclauses (A)–

2 (K) of this clause.

3 (7) ‘‘major replacement part’’ means a major part that is—

4 (A) an original major part in or on a completed motor vehicle

5 and customized or modified after manufacture of the vehicle but

6 before the time of its delivery to the first purchaser; or

7 (B) not installed in or on a motor vehicle at the time of its de8 livery to the first purchaser and the equitable or legal title to the

9 vehicle has not been transferred to a first purchaser.

10 (8) ‘‘model year’’ has the same meaning given that term in section

11 32901(a) of this title.

12 (9) ‘‘new line’’ means a line introduced into commerce after Decem13 ber 31, 1989.

14 (10) ‘‘passenger motor vehicle’’ includes a multipurpose passenger

15 vehicle or light duty truck when that vehicle or truck is rated at not

16 more than 6,000 pounds gross vehicle weight.

17 (11) ‘‘vehicle theft prevention standard’’ means a minimum perform18 ance standard for identifying major parts of new motor vehicles and

19 major replacement parts by inscribing or affixing numbers or symbols

20 on those parts.

21 § 33102. Theft prevention standard for high theft lines

22 (a) GENERAL.—(1) The Secretary of Transportation by regulation shall

23 prescribe a vehicle theft prevention standard that conforms to the require24 ments of this chapter. The standard shall apply to—

25 (A) covered major parts that manufacturers install in passenger

26 motor vehicles in lines designated under section 33104 of this title as

27 high theft lines; and

28 (B) major replacement parts for the major parts described in clause

29 (A) of this paragraph.

30 (2) The standard may apply only to—

31 (A) major parts that manufacturers install in passenger motor vehi32 cles having a model year designation later than the calendar year in

33 which the standard takes effect; and

34 (B) major replacement parts manufactured after the standard takes

35 effect.

36 (b) STANDARD REQUIREMENTS.—The standard shall be practicable and

37 provide relevant objective criteria.

38 (c) LIMITATIONS ON MAJOR PART AND REPLACEMENT PART STAND39 ARDS.—(1) For a major part installed by the manufacturer of the motor

40 vehicle, the standard may not require a part to have more than one identi41 fication.
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1 (2) For a major replacement part, the standard may not require—

2 (A) identification of a part not designed as a replacement for a

3 major part required to be identified under the standard; or

4 (B) the inscribing or affixing of identification except a symbol identi5 fying the manufacturer and a common symbol identifying the part as

6 a major replacement part.

7 (d) RECORDS AND REPORTS.—This chapter does not authorize the Sec8 retary to require a person to keep records or make reports, except as pro9 vided in sections 33104(c), 33106(c), 33108(a), and 33112 of this title.

10 § 33103. Theft prevention standard for others lines

11 (a) GENERAL.—Not later than October 25, 1994, the Secretary of Trans12 portation shall prescribe a vehicle theft standard that conforms to the re13 quirements of this chapter for covered major parts that manufacturers in14 stall in passenger motor vehicles (except light duty trucks) in not more than

15 50 precent of the lines not designated under section 33104 of this title as

16 high theft lines.

17 (b) EXTENSION OF APPLICATION.—(1) Not later than 3 years after the

18 standard is prescribed under subsection (a) of this section and based on the

19 finding of the Attorney General under subsection (c) of this section to apply

20 the standard, the Secretary shall apply that standard to covered major parts

21 and major replacement parts for covered parts that manufacturers install

22 in the lines of passenger motor vehicles (except light duty trucks)—

23 (A) not designated under section 33104 of this title as high theft

24 lines; and

25 (B) not covered by the standard prescribed under subsection (a) of

26 this section.

27 (2) The Secretary shall include as part of the regulatory proceeding under

28 this subsection the finding of, and the record developed by, the Attorney

29 General under subsection (c) of this section.

30 (c) INITIAL REVIEW OF EFFECTIVENESS.—Before the Secretary begins a

31 regulatory proceeding under subsection (b) of this section, the Attorney

32 General shall make a finding that the Secretary shall apply the standard

33 prescribed under subsection (a) of this section unless the Attorney General

34 finds, based on information collected and analyzed under section 33112 of

35 this title and other information the Attorney General develops after provid36 ing notice and an opportunity for a public hearing, that applying the stand37 ard prescribed in subsection (a) to the remaining lines of passenger motor

38 vehicles (except light duty trucks) not covered by that standard would not

39 substantially inhibit chop shop operations and motor vehicle thefts. The At40 torney General also shall consider and include in the record additional costs,

41 effectiveness, competition, and available alternative factors. The Attorney
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1 General shall submit to the Secretary the finding and record on which the

2 finding is based.

3 (d) LONG RANGE REVIEW OF EFFECTIVENESS.—(1) Not later than De4 cember 31, 1999, the Attorney General shall make separate findings, after

5 notice and an opportunity for a public hearing, on the following:

6 (A) whether the application of the standard under subsection (a) or

7 (b) of this subsection, or both, have been effective in substantially in8 hibiting the operation of chop shops and motor vehicle theft.

9 (B) whether the anti-theft devices for which the Secretary has grant10 ed exemptions under section 33106 of this title are an effective sub11 stitute for parts marking in substantially inhibiting motor vehicle theft.

12 (2)(A) In making the finding under paragraph (1)(A) of this subsection,

13 the Attorney General shall—

14 (i) consider the additional cost, competition, and available alter15 natives;

16 (ii) base that finding on information collected and analyzed under

17 section 33112 of this title;

18 (iii) consider the effectiveness, the extent of use, and the extent to

19 which civil and criminal penalties under section 33115(b) of this title

20 and section 2322 of title 18 on chop shops have been effective in sub21 stantially inhibiting operation of chop shops and motor vehicle theft;

22 (iv) base that finding on the 3-year and 5-year reports issued by the

23 Secretary under section 33113 of this title; and

24 (v) base that finding on other information the Attorney General de25 velops and includes in the public record.

26 (B) The Attorney General shall submit a finding under paragraph (1)(A)

27 of this subsection promptly to the Secretary. If the Attorney General finds

28 that the application of the standard under subsection (a) or (b) of this sec29 tion, or both, has not been effective, the Secretary shall issue, not later than

30 180 days after receiving that finding, an order terminating the standard the

31 Attorney General found was ineffective. The termination is effective for the

32 model year beginning after the order is issued.

33 (3) In making a finding under paragraph (1)(B) of this subsection, the

34 Secretary shall consider the additional cost, competition, and available alter35 natives. If the Attorney General finds that the anti–theft devices are an ef36 fective substitute, the Secretary shall continue to grant exemptions under

37 section 33106 of this title for the model years after model year 2000 at one

38 of the following levels that the Attorney General decides: at the level author39 ized before October 25, 1992, or at the level provided in section

40 33106(b)(2)(C) of this title for model year 2000.
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1 (e) EFFECTIVE DATE OF STANDARD.—A standard prescribed under this

2 section takes effect at least 6 months after the date the standard is pre3 scribed, except that the Secretary may prescribe an earlier effective date if

4 the Secretary—

5 (1) decides with good cause that the earlier date is in the public in6 terest; and

7 (2) publishes the reasons for the decision.

8 (f) NOTIFICATION OF CONGRESS.—The Secretary and the Attorney Gen9 eral shall inform the appropriate legislative committees of Congress with ju10 risdiction over this part and section 2322 of title 18 of actions taken or

11 planned under this section.

12 § 33104. Designation of high theft vehicle lines and parts

13 (a) DESIGNATION, NONAPPLICATION, SELECTION, AND PROCEDURES.—

14 (1) For purposes of the standard under section 33102 of this title, the fol15 lowing are high theft lines:

16 (A) a passenger motor vehicle line determined under subsection (b)

17 of this section to have had a new passenger motor vehicle theft rate

18 in the 2-year period covering calendar years 1990 and 1991 greater

19 than the median theft rate for all new passenger motor vehicle thefts

20 in that 2-year period.

21 (B) a passenger motor vehicle line initially introduced into commerce

22 in the United States after December 31, 1989, that is selected under

23 paragraph (3) of this subsection as likely to have a theft rate greater

24 than the median theft rate referred to in clause (A) of this paragraph.

25 (C) subject to paragraph (2) of this subsection, a passenger motor

26 vehicle line having (for existing lines) or likely to have (for new lines)

27 a theft rate below the median theft rate referred to in clause (A) of

28 this paragraph, if the major parts in the vehicles are selected under

29 paragraph (3) of this subsection as interchangeable with the majority

30 of the major parts that are subject to the standard and are contained

31 in the motor vehicles of a line described in clause (A) or (B) of this

32 paragraph.

33 (2) The standard may not apply to any major part of a line described

34 in paragraph (1)(C) of this subsection if all the passenger motor vehicles

35 of lines that are, or are likely to be, below the median theft rate, and that

36 contain parts interchangeable with the major parts of the line involved, ac37 count (for existing lines), or the Secretary of Transportation determines

38 they are likely to account (for new lines), for more than 90 percent of the

39 total annual production of all lines of that manufacturer containing those

40 interchangeable parts.
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1 (3) The lines, and the major parts of the passenger motor vehicles in

2 those lines, that are to be subject to the standard may be selected by agree3 ment between the manufacturer and the Secretary. If the manufacturer and

4 the Secretary disagree on the selection, the Secretary shall select the lines

5 and parts, after notice to the manufacturer and opportunity for written

6 comment, and subject to the confidentiality requirements of this chapter.

7 (4) To the maximum extent practicable, the Secretary shall prescribe rea8 sonable procedures designed to ensure that a selection under paragraph (3)

9 of this subsection is made at least 6 months before the first applicable

10 model year beginning after the selection.

11 (5) A manufacturer may not be required to comply with the standard

12 under a selection under paragraph (3) of this subsection for a model year

13 beginning earlier than 6 months after the date of the selection.

14 (6) A passenger motor vehicle line subject on October 25, 1992, to parts

15 marking requirements under sections 602 and 603 of the Motor Vehicle In16 formation and Cost Savings Act (Public Law 92–513, 86 Stat. 947), as

17 added by section 101(a) of the Motor Vehicle Theft Law Enforcement Act

18 of 1984 (Public Law 98–547, 98 Stat. 2756), continues to be subject to

19 the requirements of this section and section 33102 of this title unless the

20 line is exempted under section 33106 of this title.

21 (b) DETERMINING THEFT RATE FOR PASSENGER VEHICLES.—(1) In this

22 subsection, ‘‘new passenger motor vehicle thefts’’, when used in reference to

23 a calendar year, means thefts in the United States in that year of passenger

24 motor vehicles with the same model-year designation as that calendar year.

25 (2) Under subsection (a) of this section, the theft rate for passenger

26 motor vehicles of a line shall be determined by a fraction—

27 (A) the numerator of which is the number of new passenger motor

28 vehicle thefts for that line during the 2-year period referred to in sub29 section (a)(1)(A) of this section; and

30 (B) the denominator of which is the sum of the respective production

31 volumes of all passenger motor vehicles of that line (as reported to the

32 Administrator of the Environmental Protection Agency under chapter

33 329 of this title) that are of model years 1990 and 1991 and are dis34 tributed for sale in commerce in the United States.

35 (3) Under subsection (a) of this section, the median theft rate for all new

36 passenger motor vehicle thefts during that 2-year period is the theft rate

37 midway between the highest and the lowest theft rates determined under

38 paragraph (2) of this subsection. If there is an even number of theft rates

39 determined under paragraph (2), the median theft rate is the arithmetic av40 erage of the 2 adjoining theft rates midway between the highest and the

41 lowest of those theft rates.
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1 (4) In consultation with the Director of the Federal Bureau of Investiga2 tion, the Secretary periodically shall obtain from the most reliable source

3 accurate and timely theft and recovery information and publish the informa4 tion for review and comment. To the greatest extent possible, the Secretary

5 shall use theft information reported by United States Government, State,

6 and local police. After publication and opportunity for comment, the Sec7 retary shall use the theft information to determine the median theft rate

8 under this subsection. The Secretary and the Director shall take any nec9 essary actions to improve the accuracy, reliability, and timeliness of the in10 formation, including ensuring that vehicles represented as stolen are really

11 stolen.

12 (5) The Secretary periodically (but not more often than once every 2

13 years) shall prescribe by regulation the median theft rate under this sub14 section.

15 (c) PROVIDING INFORMATION.—The Secretary by regulation shall require

16 each manufacturer to provide information necessary to select under sub17 section (a)(3) of this section the high theft lines and the major parts to be

18 subject to the standard.

19 (d) APPLICATION.—Except as provided in section 33106 of this title, the

20 Secretary may not make the standard inapplicable to a line that has been

21 subject to the standard.

22 § 33105. Cost limitations

23 (a) MAXIMUM MANUFACTURER COSTS.—A standard under section 33102

24 or 33103 of this title may not impose—

25 (1) on a manufacturer of motor vehicles, compliance costs of more

26 than $15 a motor vehicle; or

27 (2) on a manufacturer of major replacement parts, compliance costs

28 for each part of more than the reasonable amount (but less than $15)

29 that the Secretary of Transportation specifies in the standard.

30 (b) COSTS INVOLVED IN ENGINES AND TRANSMISSIONS.—For a manu31 facturer engaged in identifying engines or transmissions on October 25,

32 1984, in a way that substantially complies with the standard—

33 (1) the costs of identifying engines and transmissions may not be

34 considered in calculating the manufacturer’s costs under subsection (a)

35 of this section; and

36 (2) the manufacturer may not be required under the standard to

37 conform to any identification system for engines and transmissions that

38 imposes greater costs on the manufacturer than are incurred under the

39 identification system used by the manufacturer on October 25, 1984.

40 (c) COST ADJUSTMENTS.—(1) In this subsection—

41 (A) ‘‘base period’’ means calendar year 1984.
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1 (B) ‘‘price index’’ means the average over a calendar year of the

2 Consumer Price Index (all items—United States city average) pub3 lished monthly by the Secretary of Labor.

4 (2) At the beginning of each calendar year, as necessary data become

5 available from the Bureau of Labor Statistics, the Secretary of Labor shall

6 certify to the Secretary of Transportation and publish in the Federal Reg7 ister the percentage difference between the price index for the 12 months

8 before the beginning of the calendar year and the price index for the base

9 period. For model years beginning in that calendar year, the amounts speci10 fied in subsection (a) of this section shall be adjusted by the percentage dif11 ference.

12 § 33106. Exemption for passenger motor vehicles equipped

13 with anti-theft devices

14 (a) DEFINITIONS.—In this section—

15 (1) ‘‘anti-theft device’’ means a device to reduce or deter theft that—

16 (A) is in addition to the theft-deterrent devices required by

17 motor vehicle safety standard numbered 114 in section 571.114 of

18 title 49, Code of Federal Regulations;

19 (B) the manufacturer believes will be effective in reducing or de20 terring theft of motor vehicles; and

21 (C) does not use a signaling device reserved by State law for

22 use on police, emergency, or official vehicles, or on schoolbuses.

23 (2) ‘‘standard equipment’’ means equipment already installed in a

24 motor vehicle when it is delivered from the manufacturer and not an

25 accessory or other item that the first purchaser customarily has the op26 tion to have installed.

27 (b) GRANTING EXEMPTIONS AND LIMITATIONS.—(1) A manufacturer

28 may petition the Secretary of Transportation for an exemption from a re29 quirement of a standard prescribed under section 33102 or 33103 of this

30 title for a line of passenger motor vehicles equipped as standard equipment

31 with an anti-theft device that the Secretary decides is likely to be as effec32 tive in reducing and deterring motor vehicle theft as compliance with the

33 standard.

34 (2) The Secretary may grant an exemption—

35 (A) for model year 1987, for not more than 2 lines of a manufac36 turer;

37 (B) for each of the model years 1988–1996, for not more than 2 ad38 ditional lines of a manufacturer;

39 (C) for each of the model years 1997–2000, for not more than one

40 additional line of a manufacturer; and
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1 (D) for each of the model years after model year 2000, for the num2 ber of lines that the Attorney General decides under section

3 33103(d)(3) of this title.

4 (3) An additional exemption granted under subparagraph (2) (B) or (C)

5 of this paragraph does not affect an exemption previously granted.

6 (c) PETITIONING PROCEDURE.—A petition must be filed not later than

7 8 months before the start of production for the first model year covered by

8 the petition. The petition must include—

9 (1) a detailed description of the device;

10 (2) the reasons for the manufacturer’s conclusion that the device will

11 be effective in reducing and deterring theft of motor vehicles; and

12 (3) additional information the Secretary reasonably may require to

13 make the decision described in subsection (b)(1) of this section.

14 (d) DECISIONS AND APPROVALS.—The Secretary shall make a decision

15 about a petition filed under this section not later than 120 days after the

16 date the petition is filed. A decision approving a petition must be based on

17 substantial evidence. The Secretary may approve a petition in whole or in

18 part. If the Secretary does not make a decision within the 120-day period,

19 the petition shall be deemed to be approved and the manufacturer shall be

20 exempt from the standard for the line covered by the petition for the subse21 quent model year.

22 (e) RESCISSIONS.—The Secretary may rescind an exemption if the Sec23 retary decides that the anti-theft device has not been as effective in reducing

24 and deterring motor vehicle theft as compliance with the standard. A rescis25 sion may be effective only—

26 (1) for a model year after the model year in which the rescission oc27 curs; and

28 (2) at least 6 months after the manufacturer receives written notice

29 of the rescission from the Secretary.

30 § 33107. Voluntary vehicle identification standards

31 (a) ELECTION TO INSCRIBE OR AFFIX IDENTIFYING MARKS.—The Sec32 retary of Transportation by regulation may prescribe a vehicle theft preven33 tion standard under which a person may elect to inscribe or affix an identi34 fying number or symbol on major parts of a motor vehicle manufactured

35 or owned by the person for purposes of section 511 of title 18 and related

36 provisions. The standard may include provisions for registration of the iden37 tification with the Secretary or a person designated by the Secretary.

38 (b) STANDARD REQUIREMENTS.—The standard under this section shall

39 be practicable and provide relevant objective criteria.
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1 (c) VOLUNTARY COMPLIANCE.—Compliance with the standard under this

2 section is voluntary. Failure to comply does not subject a person to a pen3 alty or enforcement under this chapter.

4 (d) COMPLIANCE WITH OTHER STANDARDS.—Compliance with the

5 standard under this section does not relieve a manufacturer from a require6 ment of a standard prescribed under section 33102 or 33103 of this title.

7 § 33108. Monitoring compliance of manufacturers

8 (a) RECORDS, REPORTS, INFORMATION, AND INSPECTION.—To enable

9 the Secretary of Transportation to decide whether a manufacturer of motor

10 vehicles containing a part subject to a standard prescribed under section

11 33102 or 33103 of this title, or a manufacturer of major replacement parts

12 subject to the standard, is complying with this chapter and the standard,

13 the Secretary may require the manufacturer to—

14 (1) keep records;

15 (2) make reports;

16 (3) provide items and information; and

17 (4) allow an officer or employee designated by the Secretary to in18 spect the vehicles and parts and relevant records of the manufacturer.

19 (b) ENTRY AND INSPECTION.—To enforce this chapter, an officer or em20 ployee designated by the Secretary, on presenting appropriate credentials

21 and a written notice to the owner, operator, or agent in charge, may inspect

22 a facility in which motor vehicles containing major parts subject to the

23 standard, or major replacement parts subject to the standard, are manufac24 tured, held for introduction into interstate commerce, or held for sale after

25 introduction into interstate commerce. An inspection shall be conducted at

26 a reasonable time, in a reasonable way, and with reasonable promptness.

27 (c) CERTIFICATION OF COMPLIANCE.—(1) A manufacturer of a motor ve28 hicle subject to the standard, and a manufacturer of a major replacement

29 part subject to the standard, shall provide at the time of delivery of the ve30 hicle or part a certification that the vehicle or part conforms to the applica31 ble motor vehicle theft prevention standard. The certification shall accom32 pany the vehicle or part until its delivery to the first purchaser. The Sec33 retary by regulation may prescribe the type and form of the certification.

34 (2) This subsection does not apply to a motor vehicle or major replace35 ment part that is—

36 (A) intended only for export;

37 (B) labeled only for export on the vehicle or replacement part and

38 the outside of any container until exported; and

39 (C) exported.

40 (d) NOTIFICATION OF ERROR.—A manufacturer shall notify the Sec41 retary if the manufacturer discovers that—
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1 (1) there is an error in the identification (required by the standard)

2 applied to a major part installed by the manufacturer in a motor vehi3 cle during its assembly, or to a major replacement part manufactured

4 by the manufacturer; and

5 (2) the motor vehicle or major replacement part has entered inter6 state commerce.

7 § 33109. National Stolen Passenger Motor Vehicle Informa8 tion System

9 (a) GENERAL REQUIREMENTS.—(1) Not later than July 25, 1993, the

10 Attorney General shall establish, and thereafter maintain, a National Stolen

11 Passenger Motor Vehicle Information System containing the vehicle identi12 fication numbers of stolen passenger motor vehicles and stolen passenger

13 motor vehicle parts. The System shall be located in the National Crime In14 formation Center and shall include at least the following information on

15 each passenger motor vehicle reported to a law enforcement authority as

16 stolen and not recovered:

17 (A) the vehicle identification number.

18 (B) the make and model year.

19 (C) the date on which the vehicle was reported as stolen.

20 (D) the location of the law enforcement authority that received the

21 report of the theft of the vehicle.

22 (E) the identification numbers of the vehicle parts (or derivatives of

23 those numbers), at the time of the theft, if those numbers are different

24 from the vehicle identification number of the vehicle.

25 (2) In establishing the System, the Attorney General shall consult with—

26 (A) State and local law enforcement authorities; and

27 (B) the National Crime Information Center Policy Advisory Board

28 to ensure the security of the information in the System and that the

29 System will not compromise the security of stolen passenger motor ve30 hicle and passenger motor vehicle parts information in the System.

31 (3) If the Attorney General decides that the Center is not able to perform

32 the functions of the System, the Attorney General shall make an agreement

33 for the operation of the System separate from the Center.

34 (4) The Attorney General shall prescribe by regulation the effective date

35 of the System.

36 (b) REQUESTS FOR INFORMATION.—(1) The Attorney General shall pre37 scribe by regulation procedures under which an individual or entity intend38 ing to transfer a passenger motor vehicle or passenger motor vehicle part

39 may obtain information on whether the vehicle or part is listed in the Sys40 tem as stolen.
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1 (2) On request of an insurance carrier, a person lawfully selling or dis2 tributing passenger motor vehicle parts in interstate commerce, or an indi3 vidual or enterprise engaged in the business of repairing passenger motor

4 vehicles, the Attorney General (or the entity the Attorney General des5 ignates) immediately shall inform the insurance carrier, person, individual,

6 or enterprise whether the System has a record of a vehicle or vehicle part

7 with a particular vehicle identification number (or derivative of that num8 ber) being reported as stolen. The Attorney General may require appro9 priate verification to ensure that the request is legitimate and will not com10 promise the security of the System.

11 (c) ADVISORY COMMITTEE.—(1) Not later than December 24, 1992, the

12 Attorney General shall establish in the Department of Justice an advisory

13 committee. The Attorney General shall develop the System with the advice

14 and recommendations of the committee.

15 (2)(A) The committee is composed of the following 10 members:

16 (i) the Attorney General.

17 (ii) the Secretary of Transportation.

18 (iii) one individual who is qualified to represent the interests of the

19 law enforcement community at the State level.

20 (iv) one individual who is qualified to represent the interests of the

21 law enforcement community at the local level.

22 (v) one individual who is qualified to represent the interests of the

23 automotive recycling industry.

24 (vi) one individual who is qualified to represent the interests of the

25 automotive repair industry.

26 (vii) one individual who is qualified to represent the interests of the

27 automotive rebuilders industry.

28 (viii) one individual who is qualified to represent the interests of the

29 automotive parts suppliers industry.

30 (ix) one individual who is qualified to represent the interests of the

31 insurance industry.

32 (x) one individual who is qualified to represent the interests of con33 sumers.

34 (B) The Attorney General shall appoint the individuals described in sub35 paragraph (A)(iii)–(x) of this paragraph and shall serve as chairman of the

36 committee.

37 (3) The committee shall make recommendations on developing and carry38 ing out—

39 (A) the National Stolen Passenger Motor Vehicle Information Sys40 tem; and

41 (B) the verification system under section 33110 of this title.
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1 (4) Not later than April 25, 1993, the committee shall submit to the At2 torney General, the Secretary, and Congress a report including the rec3 ommendations of the committee.

4 § 33110. Verifications involving junk and salvage motor vehi5 cles

6 (a) DEFINITION.—In this section, ‘‘vehicle identification number’’ means

7 a unique identification number (or derivative of that number) assigned to

8 a passenger motor vehicle by a manufacturer in compliance with applicable

9 regulations.

10 (b) GENERAL REQUIREMENTS.—(1) If an insurance carrier selling com11 prehensive motor vehicle insurance coverage obtains possession of and trans12 fers a junk motor vehicle or a salvage motor vehicle, the carrier shall—

13 (A) under procedures the Attorney General prescribes by regulation

14 under section 33109 of this title in consultation with the Secretary of

15 Transportation, verify whether the vehicle is reported as stolen; and

16 (B) provide the purchaser or transferee of the vehicle from the insur17 ance carrier verification identifying the vehicle identification number

18 and verifying that the vehicle has not been reported as stolen or, if re19 ported as stolen, that the carrier has recovered the vehicle and has

20 proper legal title to the vehicle.

21 (2)(A) This subsection does not prohibit an insurance carrier from trans22 ferring a motor vehicle if, within a reasonable period of time during normal

23 business operations (as decided by the Attorney General under section

24 33109 of this title) using reasonable efforts, the carrier—

25 (i) has not been informed under the procedures prescribed in section

26 33109 of this title that the vehicle has not been reported as stolen; or

27 (ii) has not otherwise established whether the vehicle has been re28 ported as stolen.

29 (B) When a carrier transfers a motor vehicle for which the carrier has

30 not established whether the vehicle has been reported as stolen, the carrier

31 shall provide written certification to the transferee that the carrier has not

32 established whether the vehicle has been reported as stolen.

33 (c) REGULATIONS.—In consultation with the Secretary, the Attorney

34 General shall prescribe regulations necessary to ensure that verification per35 formed and provided by an insurance carrier under subsection (b)(1)(B) of

36 this section is uniform, effective, and resistant to fraudulent use.

37 § 33111. Verifications involving motor vehicle major parts

38 (a) GENERAL REQUIREMENTS.—A person engaged in the business of sal39 vaging, dismantling, recycling, or repairing passenger motor vehicles may

40 not knowingly sell in commerce or transfer or install a major part marked

41 with an identification number without—
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1 (1) first establishing, through a procedure the Attorney General by

2 regulation prescribes in consultation with the Secretary of Transpor3 tation under section 33109 of this title, that the major part has not

4 been reported as stolen; and

5 (2) providing the purchaser or transferee with a verification—

6 (A) identifying the vehicle identification number (or derivative

7 of that number) of that major part; and

8 (B) verifying that the major part has not been reported as sto9 len.

10 (b) NONAPPLICATION.—(1) Subsection (a) of this section does not apply

11 to a person that—

12 (A) is the manufacturer of the major part;

13 (B) has purchased the major part directly from the manufacturer;

14 or

15 (C) has received a verification from an insurance carrier under sec16 tion 33110 of this title that the motor vehicle from which the major

17 part is derived has not been reported as stolen, or that the carrier has

18 not established whether that vehicle has been stolen.

19 (2) A person described under paragraph (1)(C) of this subsection that

20 subsequently transfers or sells in commerce the motor vehicle or a major

21 part of the vehicle shall provide the verification received from the carrier

22 to the person to whom the vehicle or part is transferred or sold.

23 (c) REGULATIONS.—The Attorney General shall prescribe regulations to

24 carry out this section. The regulations shall include regulations prescribed

25 in consultation with the Secretary that are necessary to ensure that a ver26 ification a person provides under subsection (a)(2) of this section is uni27 form, effective, and resistant to fraudulent use.

28 § 33112. Insurance reports and information

29 (a) PURPOSES.—The purposes of this section are—

30 (1) to prevent or discourage the theft of motor vehicles, particularly

31 those stolen for the removal of certain parts;

32 (2) to prevent or discourage the sale and distribution in interstate

33 commerce of used parts that are removed from those vehicles; and

34 (3) to help reduce the cost to consumers of comprehensive insurance

35 coverage for motor vehicles.

36 (b) DEFINITIONS.—In this section—

37 (1) ‘‘insurer’’ includes a person (except a governmental authority)

38 having a fleet of at least 20 motor vehicles that are used primarily for

39 rental and are not covered by a theft insurance policy issued by an in40 surer of passenger motor vehicles.
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1 (2) ‘‘motor vehicle’’ includes a truck, a multipurpose passenger vehi2 cle, and a motorcycle.

3 (c) ANNUAL INFORMATION REQUIREMENT.—(1) An insurer providing

4 comprehensive coverage for motor vehicles shall provide annually to the Sec5 retary of Transportation information on—

6 (A) the thefts and recoveries (in any part) of motor vehicles;

7 (B) the number of vehicles that have been recovered intact;

8 (C) the rating rules and plans, such as loss information and rating

9 characteristics, used by the insurer to establish premiums for com10 prehensive coverage, including the basis for the premiums, and pre11 mium penalties for motor vehicles considered by the insurer as more

12 likely to be stolen;

13 (D) the actions taken by the insurer to reduce the premiums, includ14 ing changing rate levels for comprehensive coverage because of a reduc15 tion in thefts of motor vehicles;

16 (E) the actions taken by the insurer to assist in deterring or reduc17 ing thefts of motor vehicles; and

18 (F) other information the Secretary requires to carry out this chap19 ter and to make the report and findings required by this chapter.

20 (2) The information on thefts and recoveries shall include an explanation

21 on how the information is obtained, the accuracy and timeliness of the infor22 mation, and the use made of the information, including the extent and fre23 quency of reporting the information to national, public, and private entities

24 such as the Federal Bureau of Investigation and State and local police.

25 (d) REPORTS ON REDUCED CLAIMS PAYMENTS.—An insurer shall report

26 promptly in writing to the Secretary if the insurer, in paying a claim under

27 an adjustment or negotiation between the insurer and the insured for a sto28 len motor vehicle—

29 (1) reduces the payment to the insured by the amount of the value,

30 salvage or otherwise, of a recovered part subject to a standard pre31 scribed under section 33102 or 33103 of this title; and

32 (2) the reduction is not made at the express election of the insured.

33 (e) GENERAL EXEMPTIONS.—The Secretary shall exempt from this sec34 tion, for one or more years, an insurer that the Secretary decides should

35 be exempted because—

36 (1) the cost of preparing and providing the information is excessive

37 in relation to the size of the insurer’s business; and

38 (2) the information from that insurer will not contribute significantly

39 to carrying out this chapter.

40 (f) SMALL INSURER EXEMPTIONS.—(1) In this subsection, ‘‘small in41 surer’’ means an insurer whose premiums for motor vehicle insurance issued
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1 directly or through an affiliate, including a pooling arrangement established

2 under State law or regulation for the issuance of motor vehicle insurance,

3 account for—

4 (A) less than one percent of the total premiums for all forms of

5 motor vehicle insurance issued by insurers in the United States; and

6 (B) less than 10 percent of the total premiums for all forms of motor

7 vehicle insurance issued by insurers in any State.

8 (2) The Secretary shall exempt by regulation a small insurer from this

9 section if the Secretary finds that the exemption will not significantly affect

10 the validity or usefulness of the information collected and compiled under

11 this section, nationally or State-by-State. However, the Secretary may not

12 exempt an insurer under this paragraph that is considered an insurer only

13 because of subsection (b)(1) of this section.

14 (3) Regulations under this subsection shall provide that eligibility as a

15 small insurer shall be based on the most recent calendar year for which ade16 quate information is available, and that, once attained, the eligibility shall

17 continue without further demonstration of eligibility for one or more years,

18 as the Secretary considers appropriate.

19 (g) PRESCRIBED FORM.—Information required by this section shall be

20 provided in the form the Secretary prescribes.

21 (h) PERIODIC COMPILATIONS.—Subject to section 552 of title 5, the Sec22 retary periodically shall compile and publish information obtained by the

23 Secretary under this section, in a form that will be helpful to the public,

24 the police, and Congress.

25 (i) CONSULTATION.—In carrying out this section, the Secretary shall con26 sult with public and private agencies and associations the Secretary consid27 ers appropriate.

28 § 33113. Theft reports

29 (a) TRUCK, MULTIPURPOSE PASSENGER VEHICLE, AND MOTORCYCLE

30 REPORT.—Not later than October 25, 1995, the Secretary of Transpor31 tation shall submit a report to Congress that includes—

32 (1) information on the number of trucks, multipurpose passenger ve33 hicles, and motorcycles distributed for sale in interstate commerce that

34 are stolen and recovered annually, compiled by model, make, and line;

35 (2) information on the extent to which trucks, multipurpose pas36 senger vehicles, and motorcycles stolen annually are dismantled to re37 cover parts or are exported;

38 (3) a description of the market for the stolen parts;

39 (4) information on the premiums charged by insurers of comprehen40 sive coverage of trucks, multipurpose passenger vehicles, or motor-
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1 cycles, including any increase in the premiums charged because any of

2 those motor vehicles is a likely candidate for theft;

3 (5) an assessment of whether the identification of parts of trucks,

4 multipurpose passenger vehicles, and motorcycles is likely—

5 (A) to decrease the theft rate of those motor vehicles;

6 (B) to increase the recovery rate of those motor vehicles;

7 (C) to decrease the trafficking in stolen parts of those motor ve8 hicles;

9 (D) to stem the export and import of those stolen motor vehicles

10 or parts; or

11 (E) to have benefits greater than the costs of the identification;

12 and

13 (6) recommendations on whether, and to what extent, the identifica14 tion of trucks, multipurpose passenger vehicles, and motorcycles should

15 be required by law.

16 (b) MOTOR VEHICLE REPORT.—Not later than October 25, 1997, the

17 Secretary shall submit a report to Congress that includes—

18 (1) information on—

19 (A) the methods and procedures used by public and private enti20 ties to collect, compile, and disseminate information on the theft

21 and recovery of motor vehicles, including classes of motor vehicles;

22 and

23 (B) the reliability and timeliness of the information and how the

24 information can be improved;

25 (2) information on the number of motor vehicles distributed for sale

26 in interstate commerce that are stolen and recovered annually, com27 piled by class, model, make, and line;

28 (3) information on the extent to which motor vehicles stolen annually

29 are dismantled to recover parts or are exported;

30 (4) a description of the market for the stolen parts;

31 (5) information on—

32 (A) the costs to manufacturers and purchasers of passenger

33 motor vehicles of compliance with the standards prescribed under

34 this chapter;

35 (B) the beneficial impacts of the standards and the monetary

36 value of the impacts; and

37 (C) the extent to which the monetary value is greater than the

38 costs;

39 (6) information on the experience of officials of the United States

40 Government, States, and localities in—
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1 (A) making arrests and successfully prosecuting persons for vio2 lating a law set forth in title II or III of the Motor Vehicle Theft

3 Law Enforcement Act of 1984;

4 (B) preventing or reducing the number and rate of thefts of

5 motor vehicles that are dismantled for parts subject to this chap6 ter; and

7 (C) preventing or reducing the availability of used parts that

8 are stolen from motor vehicles subject to this chapter;

9 (7) information on the premiums charged by insurers of comprehen10 sive coverage of motor vehicles subject to this chapter, including any

11 increase in the premiums charged because a motor vehicle is a likely

12 candidate for theft, and the extent to which the insurers have reduced

13 for the benefit of consumers the premiums, or foregone premium in14 creases, because of this chapter;

15 (8) information on the adequacy and effectiveness of laws of the

16 United States and the States aimed at preventing the distribution and

17 sale of used parts that have been removed from stolen motor vehicles

18 and the adequacy of systems available to enforcement personnel for

19 tracing parts to determine if they have been stolen from a motor vehi20 cle;

21 (9) an assessment of whether the identification of parts of other

22 classes of motor vehicles is likely—

23 (A) to decrease the theft rate of those vehicles;

24 (B) to increase the recovery rate of those vehicles;

25 (C) to decrease the trafficking in stolen parts of those vehicles;

26 (D) to stem the export and import of those stolen vehicles,

27 parts, or components; or

28 (E) to have benefits greater than the costs of the identification;

29 and

30 (10) other relevant and reliable information available to the Sec31 retary about the impact, including the beneficial impact, of the laws set

32 forth in titles II and III of the Motor Vehicle Theft Law Enforcement

33 Act of 1984 on law enforcement, consumers, and manufacturers; and

34 (11) recommendations (including, as appropriate, legislative and ad35 ministrative recommendations) for—

36 (A) continuing without change the standards prescribed under

37 this chapter;

38 (B) amending this chapter to cover more or fewer lines of pas39 senger motor vehicles;

40 (C) amending this chapter to cover other classes of motor vehi41 cles; or
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1 (D) ending the standards for all future motor vehicles.

2 (c) BASES OF REPORTS.—(1) The reports under subsections (a) and (b)

3 of this section each shall be based on—

4 (A) information reported under this chapter by insurers of motor ve5 hicles and manufacturers of motor vehicles and major replacement

6 parts;

7 (B) information provided by the Federal Bureau of Investigation;

8 (C) experience obtained in carrying out this chapter;

9 (D) experience of the Government under the laws set forth in titles

10 II and III of the Motor Vehicle Theft Law Enforcement Act of 1984;

11 and

12 (E) other relevant and reliable information available to the Sec13 retary.

14 (2) In preparing each report, the Secretary shall consult with the Attor15 ney General and State and local law enforcement officials, as appropriate.

16 (3) The report under subsection (b) of this section shall—

17 (A) cover a period of at least 4 years after the standards required

18 by this chapter are prescribed; and

19 (B) reflect any information, as appropriate, from the report under

20 subsection (a) of this section, updated from the date of the report.

21 (4) At least 90 days before submitting each report to Congress, the Sec22 retary shall publish a proposed report for public review and an opportunity

23 of at least 45 days for written comment. The Secretary shall consider those

24 comments in preparing the report to be submitted and include a summary

25 of the comments with the submitted report.

26 § 33114. Prohibited acts

27 (a) GENERAL.—A person may not—

28 (1) manufacture for sale, sell, offer for sale, introduce or deliver for

29 introduction in interstate commerce, or import into the United States,

30 a motor vehicle or major replacement part subject to a standard pre31 scribed under section 33102 or 33103 of this title, unless it conforms

32 to the standard;

33 (2) fail to comply with a regulation prescribed by the Secretary of

34 Transportation or Attorney General under this chapter;

35 (3) fail to keep specified records, refuse access to or copying of

36 records, fail to make reports or provide items or information, or fail

37 or refuse to allow entry or inspection, as required by this chapter;

38 (4) fail to provide the certification required by section 33108(c) of

39 this title, or provide a certification that the person knows, or in the

40 exercise of reasonable care has reason to know, is false or misleading

41 in a material respect; or
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1 (5) knowingly—

2 (A) own, operate, maintain, or control a chop shop;

3 (B) conduct operations in a chop shop; or

4 (C) transport a passenger motor vehicle or passenger motor ve5 hicle part to or from a chop shop.

6 (b) NONAPPLICATION.—Subsection (a)(1) of this section does not apply

7 to a person establishing that in the exercise of reasonable care the person

8 did not have reason to know that the motor vehicle or major replacement

9 part was not in conformity with the standard.

10 § 33115. Civil penalties and enforcement

11 (a) GENERAL PENALTY AND CIVIL ACTIONS TO COLLECT.—(1) A person

12 that violates section 33114(a)(1)–(4) of this title is liable to the United

13 States Government for a civil penalty of not more than $1,000 for each vio14 lation. The failure of more than one part of a single motor vehicle to con15 form to an applicable standard under section 33102 or 33103 of this title

16 is only a single violation. The maximum penalty under this subsection for

17 a related series of violations is $250,000.

18 (2) The Secretary of Transportation imposes a civil penalty under this

19 subsection. The Secretary may compromise the amount of a penalty.

20 (3) In determining the amount of a civil penalty or compromise under

21 this subsection, the Secretary shall consider the size of the person’s business

22 and the gravity of the violation.

23 (4) The Attorney General shall bring a civil action in a United States dis24 trict court to collect a civil penalty imposed under this subsection.

25 (5) The Government may deduct the amount of a civil penalty imposed

26 or compromised under this subsection from amounts it owes the person lia27 ble for the penalty.

28 (b) CHOP SHOP PENALTY AND ENFORCEMENT.—(1) A person that vio29 lates section 33114(a)(5) of this title is liable to the Government for a civil

30 penalty of not more than $100,000 a day for each violation.

31 (2) As appropriate and in consultation with the Attorney General, the

32 Secretary shall—

33 (A) bring a civil action for a temporary or permanent injunction to

34 restrain a person violating section 33114(a)(5) of this section;

35 (B) impose and recover the penalty described in paragraph (1) of

36 this subsection; or

37 (C) take both the actions described in clauses (A) and (B) of this

38 paragraph.

39 (c) CIVIL ACTIONS TO ENFORCE.—(1) The Attorney General may bring

40 a civil action in a United States district court to enjoin a violation of this

41 chapter or the sale, offer for sale, introduction or delivery for introduction
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1 in interstate commerce, or importation into the United States, of a pas2 senger motor vehicle containing a major part, or of a major replacement

3 part, that is subject to the standard and is determined before the sale of

4 the vehicle or part to a first purchaser not to conform to the standard.

5 (2)(A) When practicable, the Secretary—

6 (i) shall notify a person against whom an action under this sub7 section is planned;

8 (ii) shall give the person an opportunity to present that person’s

9 views; and

10 (iii) except for a knowing and willful violation, shall give the person

11 a reasonable opportunity to comply.

12 (B) The failure of the Secretary to comply with subparagraph (A) of this

13 paragraph does not prevent a court from granting appropriate relief.

14 (d) JURY TRIAL DEMAND.—In a trial for criminal contempt for violating

15 an injunction or restraining order issued under subsection (c) of this sec16 tion, the violation of which is also a violation of this chapter, the defendant

17 may demand a jury trial. The defendant shall be tried as provided in rule

18 42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.).

19 (e) VENUE.—A civil action under subsection (a) or (c) of this section may

20 be brought in the judicial district in which the violation occurred or the de21 fendant resides, is found, or transacts business. Process in the action may

22 be served in any other judicial district in which the defendant resides or is

23 found. A subpena for a witness in the action may be served in any judicial

24 district.

25 § 33116. Confidentiality of information

26 (a) GENERAL.—Information obtained by the Secretary of Transportation

27 under this chapter related to a confidential matter referred to in section

28 1905 of title 18 may be disclosed only—

29 (1) to another officer or employee of the United States Government

30 for use in carrying out this chapter; or

31 (2) in a proceeding under this chapter (except a proceeding under

32 section 33104(a)(3)).

33 (b) WITHHOLDING INFORMATION FROM CONGRESS.—This section does

34 not authorize information to be withheld from a committee of Congress au35 thorized to have the information.

36 § 33117. Judicial review

37 A person that may be adversely affected by a regulation prescribed under

38 this chapter may obtain judicial review of the regulation under section

39 32909 of this title. A remedy under this section is in addition to any other

40 remedies provided by law.
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1 § 33118. Preemption of State and local law

2 When a motor vehicle theft prevention standard prescribed under section

3 33102 or 33103 of this title is in effect, a State or political subdivision of

4 a State may not have a different motor vehicle theft prevention standard

5 for a motor vehicle or major replacement part.

6 SUBTITLE VII—AVIATION PROGRAMS

7 PART A—AIR COMMERCE AND SAFETY

SUBPART I—GENERAL

CHAPTER Sec.

401. GENERAL PROVISIONS .............................................................................. 40101

SUBPART II—ECONOMIC REGULATION

411. AIR CARRIER CERTIFICATES ................................................................... 41101

413. FOREIGN AIR TRANSPORTATION ........................................................... 41301

415. RATES ............................................................................................................. 41501

417. OPERATIONS OF CARRIERS ...................................................................... 41701

419. TRANSPORTATION OF MAIL ..................................................................... 41901

421. LABOR-MANAGEMENT PROVISIONS ....................................................... 42101

SUBPART III—SAFETY

441. REGISTRATION AND RECORDATION OF AIRCRAFT .......................... 44101

443. INSURANCE ................................................................................................... 44301

445. FACILITIES, PERSONNEL, AND RESEARCH ......................................... 44501

447. SAFETY REGULATION ................................................................................ 44701

449. SECURITY ...................................................................................................... 44901

451. ALCOHOL AND CONTROLLED SUBSTANCES TESTING ..................... 45101

453. FEES ................................................................................................................ 45301

SUBPART IV—ENFORCEMENT AND PENALTIES

461. INVESTIGATIONS AND PROCEEDINGS .................................................. 46101

463. PENALTIES .................................................................................................... 46301

465. SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES ...... 46501

8 PART B—AIRPORT DEVELOPMENT AND NOISE

471. AIRPORT DEVELOPMENT .......................................................................... 47101

473. INTERNATIONAL AIRPORT FACILITIES ................................................ 47301

475. NOISE .............................................................................................................. 47501

9 PART C—FINANCING

481. AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS ................ 48101

10 PART D—MISCELLANEOUS

491. BUY-AMERICAN PREFERENCES .............................................................. 49101

11 PART A—AIR COMMERCE AND SAFETY

12 SUBPART I—GENERAL

13 CHAPTER 401—GENERAL PROVISIONS

Sec.

40101. Policy.

40102. Definitions.

40103. Sovereignty and use of airspace.

40104. Promotion of civil aeronautics and air commerce.

40105. International negotiations, agreements, and obligations.

40106. Emergency powers.

40107. Presidential transfers.

40108. Training schools.

40109. Authority to exempt.

40110. General procurement authority.

40111. Multiyear procurement contracts for services and related items.
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40112. Multiyear procurement contracts for property.

40113. Administrative.

40114. Reports and records.

40115. Withholding information.

40116. State taxation.

40117. Passenger facility fees.

40118. Government-financed air transportation.

40119. Security and research and development activities.

40120. Relationship to other laws.

1 § 40101. Policy

2 (a) ECONOMIC REGULATION.—In carrying out subpart II of this part and

3 those provisions of subpart IV applicable in carrying out subpart II, the

4 Secretary of Transportation shall consider the following matters, among

5 others, as being in the public interest and consistent with public convenience

6 and necessity:

7 (1) assigning and maintaining safety as the highest priority in air

8 commerce.

9 (2) before authorizing new air transportation services, evaluating the

10 safety implications of those services.

11 (3) preventing deterioration in established safety procedures, rec12 ognizing the clear intent, encouragement, and dedication of Congress

13 to further the highest degree of safety in air transportation and air

14 commerce, and to maintain the safety vigilance that has evolved in air

15 transportation and air commerce and has come to be expected by the

16 traveling and shipping public.

17 (4) the availability of a variety of adequate, economic, efficient, and

18 low-priced services without unreasonable discrimination or unfair or de19 ceptive practices.

20 (5) coordinating transportation by, and improving relations among,

21 air carriers, and encouraging fair wages and working conditions.

22 (6) placing maximum reliance on competitive market forces and on

23 actual and potential competition—

24 (A) to provide the needed air transportation system; and

25 (B) to encourage efficient and well-managed air carriers to earn

26 adequate profits and attract capital, considering any material dif27 ferences between interstate air transportation and foreign air

28 transportation.

29 (7) developing and maintaining a sound regulatory system that is re30 sponsive to the needs of the public and in which decisions are reached

31 promptly to make it easier to adapt the air transportation system to

32 the present and future needs of—

33 (A) the commerce of the United States;

34 (B) the United States Postal Service; and

35 (C) the national defense.
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1 (8) encouraging air transportation at major urban areas through sec2 ondary or satellite airports if consistent with regional airport plans of

3 regional and local authorities, and if endorsed by appropriate State au4 thorities—

5 (A) encouraging the transportation by air carriers that provide,

6 in a specific market, transportation exclusively at those airports;

7 and

8 (B) fostering an environment that allows those carriers to estab9 lish themselves and develop secondary or satellite airport services.

10 (9) preventing unfair, deceptive, predatory, or anticompetitive prac11 tices in air transportation.

12 (10) avoiding unreasonable industry concentration, excessive market

13 domination, monopoly powers, and other conditions that would tend to

14 allow at least one air carrier or foreign air carrier unreasonably to in15 crease rates, reduce services, or exclude competition in air transpor16 tation.

17 (11) maintaining a complete and convenient system of continuous

18 scheduled interstate air transportation for small communities and iso19 lated areas with direct financial assistance from the United States Gov20 ernment when appropriate.

21 (12) encouraging, developing, and maintaining an air transportation

22 system relying on actual and potential competition—

23 (A) to provide efficiency, innovation, and low rates; and

24 (B) to decide on the variety and quality of, and determine rates

25 for, air transportation services.

26 (13) encouraging entry into air transportation markets by new and

27 existing air carriers and the continued strengthening of small air car28 riers to ensure a more effective and competitive airline industry.

29 (14) promoting, encouraging, and developing civil aeronautics and a

30 viable, privately-owned United States air transport industry.

31 (15) strengthening the competitive position of air carriers to at least

32 ensure equality with foreign air carriers, including the attainment of

33 the opportunity for air carriers to maintain and increase their profit34 ability in foreign air transportation.

35 (b) ALL-CARGO AIR TRANSPORTATION CONSIDERATIONS.—In carrying

36 out subpart II of this part and those provisions of subpart IV applicable

37 in carrying out subpart II, the Secretary of Transportation shall consider

38 the following matters, among others and in addition to the matters referred

39 to in subsection (a) of this section, as being in the public interest for all40 cargo air transportation:
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1 (1) encouraging and developing an expedited all-cargo air transpor2 tation system provided by private enterprise and responsive to—

3 (A) the present and future needs of shippers;

4 (B) the commerce of the United States; and

5 (C) the national defense.

6 (2) encouraging and developing an integrated transportation system

7 relying on competitive market forces to decide the extent, variety, qual8 ity, and price of services provided.

9 (3) providing services without unreasonable discrimination, unfair or

10 deceptive practices, or predatory pricing.

11 (c) GENERAL SAFETY CONSIDERATIONS.—In carrying out subpart III of

12 this part and those provisions of subpart IV applicable in carrying out sub13 part III, the Administrator of the Federal Aviation Administration shall

14 consider the following matters:

15 (1) the requirements of national defense and commercial and general

16 aviation.

17 (2) the public right of freedom of transit through the navigable air18 space.

19 (d) SAFETY CONSIDERATIONS IN PUBLIC INTEREST.—In carrying out

20 subpart III of this part and those provisions of subpart IV applicable in car21 rying out subpart III, the Administrator shall consider the following mat22 ters, among others, as being in the public interest:

23 (1) regulating air commerce in a way that best promotes its develop24 ment and safety and fulfills national defense requirements.

25 (2) promoting, encouraging, and developing civil aeronautics.

26 (3) controlling the use of the navigable airspace and regulating civil

27 and military operations in that airspace in the interest of the safety

28 and efficiency of both of those operations.

29 (4) consolidating research and development for air navigation facili30 ties and the installation and operation of those facilities.

31 (5) developing and operating a common system of air traffic control

32 and navigation for military and civil aircraft.

33 (6) providing assistance to law enforcement agencies in the enforce34 ment of laws related to regulation of controlled substances, to the ex35 tent consistent with aviation safety.

36 (e) INTERNATIONAL AIR TRANSPORTATION.—In formulating United

37 States international air transportation policy, the Secretaries of State and

38 Transportation shall develop a negotiating policy emphasizing the greatest

39 degree of competition compatible with a well-functioning international air

40 transportation system, including the following:
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1 (1) strengthening the competitive position of air carriers to ensure

2 at least equality with foreign air carriers, including the attainment of

3 the opportunity for air carriers to maintain and increase their profit4 ability in foreign air transportation.

5 (2) freedom of air carriers and foreign air carriers to offer rates that

6 correspond to consumer demand.

7 (3) the fewest possible restrictions on charter air transportation.

8 (4) the maximum degree of multiple and permissive international au9 thority for air carriers so that they will be able to respond quickly to

10 a shift in market demand.

11 (5) eliminating operational and marketing restrictions to the greatest

12 extent possible.

13 (6) integrating domestic and international air transportation.

14 (7) increasing the number of nonstop United States gateway cities.

15 (8) opportunities for carriers of foreign countries to increase their

16 access to places in the United States if exchanged for benefits of simi17 lar magnitude for air carriers or the traveling public with permanent

18 linkage between rights granted and rights given away.

19 (9) eliminating discrimination and unfair competitive practices faced

20 by United States airlines in foreign air transportation, including—

21 (A) excessive landing and user fees;

22 (B) unreasonable ground handling requirements;

23 (C) unreasonable restrictions on operations;

24 (D) prohibitions against change of gauge; and

25 (E) similar restrictive practices.

26 (10) promoting, encouraging, and developing civil aeronautics and a

27 viable, privately-owned United States air transport industry.

28 (f) STRENGTHENING COMPETITION.—In selecting an air carrier to pro29 vide foreign air transportation from among competing applicants, the Sec30 retary of Transportation shall consider, in addition to the matters specified

31 in subsections (a) and (b) of this section, the strengthening of competition

32 among air carriers operating in the United States to prevent unreasonable

33 concentration in the air carrier industry.

34 § 40102. Definitions

35 (a) GENERAL DEFINITIONS.—In this part—

36 (1) ‘‘aeronautics’’ means the science and art of flight.

37 (2) ‘‘air carrier’’ means a citizen of the United States undertaking

38 by any means, directly or indirectly, to provide air transportation.

39 (3) ‘‘air commerce’’ means foreign air commerce, interstate air com40 merce, the transportation of mail by aircraft, the operation of aircraft

41 within the limits of a Federal airway, or the operation of aircraft that
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1 directly affects, or may endanger safety in, foreign or interstate air

2 commerce.

3 (4) ‘‘air navigation facility’’ means a facility used, available for use,

4 or designed for use, in aid of air navigation, including—

5 (A) a landing area;

6 (B) a light;

7 (C) apparatus or equipment for distributing weather informa8 tion, signaling, radio-directional finding, or radio or other electro9 magnetic communication; and

10 (D) another structure or mechanism for guiding or controlling

11 flight in the air or the landing and takeoff of aircraft.

12 (5) ‘‘air transportation’’ means foreign air transportation, interstate

13 air transportation, or the transportation of mail by aircraft.

14 (6) ‘‘aircraft’’ means any contrivance invented, used, or designed to

15 navigate, or fly in, the air.

16 (7) ‘‘aircraft engine’’ means an engine used, or intended to be used,

17 to propel an aircraft, including a part, appurtenance, and accessory of

18 the engine, except a propeller.

19 (8) ‘‘airman’’ means an individual—

20 (A) in command, or as pilot, mechanic, or member of the crew,

21 who navigates aircraft when under way;

22 (B) except to the extent the Administrator of the Federal Avia23 tion Administration may provide otherwise for individuals em24 ployed outside the United States, who is directly in charge of in25 specting, maintaining, overhauling, or repairing aircraft, aircraft

26 engines, propellers, or appliances; or

27 (C) who serves as an aircraft dispatcher or air traffic control28 tower operator.

29 (9) ‘‘airport’’ means a landing area used regularly by aircraft for re30 ceiving or discharging passengers or cargo.

31 (10) ‘‘all-cargo air transportation’’ means the transportation by air32 craft in interstate air transportation of only property or only mail, or

33 both.

34 (11) ‘‘appliance’’ means an instrument, equipment, apparatus, a

35 part, an appurtenance, or an accessory used, capable of being used, or

36 intended to be used, in operating or controlling aircraft in flight, in37 cluding a parachute, communication equipment, and another mecha38 nism installed in or attached to aircraft during flight, and not a part

39 of an aircraft, aircraft engine, or propeller.

40 (12) ‘‘cargo’’ means property, mail, or both.
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1 (13) ‘‘charter air carrier’’ means an air carrier holding a certificate

2 of public convenience and necessity that authorizes it to provide charter

3 air transportation.

4 (14) ‘‘charter air transportation’’ means charter trips in air trans5 portation authorized under this part.

6 (15) ‘‘citizen of the United States’’ means—

7 (A) an individual who is a citizen of the United States;

8 (B) a partnership each of whose partners is an individual who

9 is a citizen of the United States; or

10 (C) a corporation or association organized under the laws of the

11 United States or a State, the District of Columbia, or a territory

12 or possession of the United States, of which the president and at

13 least two-thirds of the board of directors and other managing offi14 cers are citizens of the United States, and in which at least 75

15 percent of the voting interest is owned or controlled by persons

16 that are citizens of the United States.

17 (16) ‘‘civil aircraft’’ means an aircraft except a public aircraft.

18 (17) ‘‘civil aircraft of the United States’’ means an aircraft reg19 istered under chapter 441 of this title.

20 (18) ‘‘conditional sales contract’’ means a contract—

21 (A) for the sale of an aircraft, aircraft engine, propeller, appli22 ance, or spare part, under which the buyer takes possession of the

23 property but title to the property vests in the buyer at a later time

24 on—

25 (i) paying any part of the purchase price;

26 (ii) performing another condition; or

27 (iii) the happening of a contingency; or

28 (B) to bail or lease an aircraft, aircraft engine, propeller, appli29 ance, or spare part, under which the bailee or lessee—

30 (i) agrees to pay an amount substantially equal to the value

31 of the property; and

32 (ii) is to become, or has the option of becoming, the owner

33 of the property on complying with the contract.

34 (19) ‘‘conveyance’’ means an instrument, including a conditional

35 sales contract, affecting title to, or an interest in, property.

36 (20) ‘‘Federal airway’’ means a part of the navigable airspace that

37 the Administrator designates as a Federal airway.

38 (21) ‘‘foreign air carrier’’ means a person, not a citizen of the Unit39 ed States, undertaking by any means, directly or indirectly, to provide

40 foreign air transportation.
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1 (22) ‘‘foreign air commerce’’ means the transportation of passengers

2 or property by aircraft for compensation, the transportation of mail by

3 aircraft, or the operation of aircraft in furthering a business or voca4 tion, between a place in the United States and a place outside the

5 United States when any part of the transportation or operation is by

6 aircraft.

7 (23) ‘‘foreign air transportation’’ means the transportation of pas8 sengers or property by aircraft as a common carrier for compensation,

9 or the transportation of mail by aircraft, between a place in the United

10 States and a place outside the United States when any part of the

11 transportation is by aircraft.

12 (24) ‘‘interstate air commerce’’ means the transportation of pas13 sengers or property by aircraft for compensation, the transportation of

14 mail by aircraft, or the operation of aircraft in furthering a business

15 or vocation—

16 (A) between a place in—

17 (i) a State, territory, or possession of the United States

18 and a place in the District of Columbia or another State, ter19 ritory, or possession of the United States;

20 (ii) a State and another place in the same State through

21 the airspace over a place outside the State;

22 (iii) the District of Columbia and another place in the Dis23 trict of Columbia; or

24 (iv) a territory or possession of the United States and an25 other place in the same territory or possession; and

26 (B) when any part of the transportation or operation is by air27 craft.

28 (25) ‘‘interstate air transportation’’ means the transportation of pas29 sengers or property by aircraft as a common carrier for compensation,

30 or the transportation of mail by aircraft—

31 (A) between a place in—

32 (i) a State, territory, or possession of the United States

33 and a place in the District of Columbia or another State, ter34 ritory, or possession of the United States;

35 (ii) Hawaii and another place in Hawaii through the air36 space over a place outside Hawaii;

37 (iii) the District of Columbia and another place in the Dis38 trict of Columbia; or

39 (iv) a territory or possession of the United States and an40 other place in the same territory or possession; and

41 (B) when any part of the transportation is by aircraft.
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1 (26) ‘‘intrastate air carrier’’ means a citizen of the United States un2 dertaking by any means to provide only intrastate air transportation.

3 (27) ‘‘intrastate air transportation’’ means the transportation by a

4 common carrier of passengers or property for compensation, entirely in

5 the same State, by turbojet-powered aircraft capable of carrying at

6 least 30 passengers.

7 (28) ‘‘landing area’’ means a place on land or water, including an

8 airport or intermediate landing field, used, or intended to be used, for

9 the takeoff and landing of aircraft, even when facilities are not pro10 vided for sheltering, servicing, or repairing aircraft, or for receiving or

11 discharging passengers or cargo.

12 (29) ‘‘mail’’ means United States mail and foreign transit mail.

13 (30) ‘‘navigable airspace’’ means airspace above the minimum alti14 tudes of flight prescribed by regulations under subparts I and III of

15 this part, including airspace needed to ensure safety in the takeoff and

16 landing of aircraft.

17 (31) ‘‘navigate aircraft’’ and ‘‘navigation of aircraft’’ include piloting

18 aircraft.

19 (32) ‘‘operate aircraft’’ and ‘‘operation of aircraft’’ mean using air20 craft for the purposes of air navigation, including—

21 (A) the navigation of aircraft; and

22 (B) causing or authorizing the operation of aircraft with or

23 without the right of legal control of the aircraft.

24 (33) ‘‘person’’, in addition to its meaning under section 1 of title 1,

25 includes a governmental authority and a trustee, receiver, assignee, and

26 other similar representative.

27 (34) ‘‘predatory’’ means a practice that violates the antitrust laws

28 as defined in the first section of the Clayton Act (15 U.S.C. 12).

29 (35) ‘‘propeller’’ includes a part, appurtenance, and accessory of a

30 propeller.

31 (36) ‘‘public aircraft’’—

32 (A) means an aircraft—

33 (i) used only for the United States Government; or

34 (ii) owned and operated (except for commercial purposes),

35 or exclusively leased for at least 90 continuous days, by a

36 government (except the United States Government), including

37 a State, the District of Columbia, or a territory or possession

38 of the United States, or political subdivision of that govern39 ment; but

40 (B) does not include a government-owned aircraft transporting

41 passengers or property for commercial purposes.
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1 (37) ‘‘rate’’ means a rate, fare, or charge for air transportation.

2 (38) ‘‘spare part’’ means an accessory, appurtenance, or part of an

3 aircraft (except an aircraft engine or propeller), aircraft engine (except

4 a propeller), propeller, or appliance, that is to be installed at a later

5 time in an aircraft, aircraft engine, propeller, or appliance.

6 (39) ‘‘State authority’’ means an authority of a State designated

7 under State law—

8 (A) to receive notice required to be given a State authority

9 under subpart II of this part; or

10 (B) as the representative of the State before the Secretary of

11 Transportation in any matter about which the Secretary is re12 quired to consult with or consider the views of a State authority

13 under subpart II of this part.

14 (40) ‘‘territory or possession of the United States’’ means—

15 (A) the Canal Zone, but this definition does not affect the juris16 diction of the President over air navigation in the Canal Zone; and

17 (B) any other territory or possession of the United States.

18 (41) ‘‘ticket agent’’ means a person (except an air carrier, a foreign

19 air carrier, or an employee of an air carrier or foreign air carrier) that

20 as a principal or agent sells, offers for sale, negotiates for, or holds it21 self out as selling, providing, or arranging for, air transportation.

22 (42) ‘‘United States’’ means the States of the United States, the

23 District of Columbia, and the territories and possessions of the United

24 States, including the territorial sea and the overlying airspace.

25 (b) LIMITED DEFINITION.—In subpart II of this part, ‘‘control’’ means

26 control by any means.

27 § 40103. Sovereignty and use of airspace

28 (a) SOVEREIGNTY AND PUBLIC RIGHT OF TRANSIT.—(1) The United

29 States Government has exclusive sovereignty of airspace of the United

30 States.

31 (2) A citizen of the United States has a public right of transit through

32 the navigable airspace. To further that right, the Secretary of Transpor33 tation shall consult with the Architectural and Transportation Barriers

34 Compliance Board established under section 502 of the Rehabilitation Act

35 of 1973 (29 U.S.C. 792) before prescribing a regulation or issuing an order

36 or procedure that will have a significant impact on the accessibility of com37 mercial airports or commercial air transportation for handicapped individ38 uals.

39 (b) USE OF AIRSPACE.—(1) The Administrator of the Federal Aviation

40 Administration shall develop plans and policy for the use of the navigable

41 airspace and assign by regulation or order the use of the airspace necessary
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1 to ensure the safety of aircraft and the efficient use of airspace. The Admin2 istrator may modify or revoke an assignment when required in the public

3 interest.

4 (2) The Administrator shall prescribe air traffic regulations on the flight

5 of aircraft (including regulations on safe altitudes) for—

6 (A) navigating, protecting, and identifying aircraft;

7 (B) protecting individuals and property on the ground;

8 (C) using the navigable airspace efficiently; and

9 (D) preventing collision between aircraft, between aircraft and land

10 or water vehicles, and between aircraft and airborne objects.

11 (3) To establish security provisions that will encourage and allow maxi12 mum use of the navigable airspace by civil aircraft consistent with national

13 security, the Administrator, in consultation with the Secretary of Defense,

14 shall—

15 (A) establish areas in the airspace the Administrator decides are nec16 essary in the interest of national defense; and

17 (B) by regulation or order, restrict or prohibit flight of civil aircraft

18 that the Administrator cannot identify, locate, and control with avail19 able facilities in those areas.

20 (4) Notwithstanding the military exception in section 553(a)(1) of title

21 5, subchapter II of chapter 5 of title 5 applies to a regulation prescribed

22 under this subsection.

23 (c) FOREIGN AIRCRAFT.—A foreign aircraft, not part of the armed forces

24 of a foreign country, may be navigated in the United States as provided in

25 section 41703 of this title.

26 (d) AIRCRAFT OF ARMED FORCES OF FOREIGN COUNTRIES.—Aircraft of

27 the armed forces of a foreign country may be navigated in the United

28 States, including the Canal Zone, only when authorized by the Secretary of

29 State.

30 (e) NO EXCLUSIVE RIGHTS AT CERTAIN FACILITIES.—A person does not

31 have an exclusive right to use an air navigation facility on which Govern32 ment money has been expended. However, providing services at an airport

33 by only one fixed-based operator is not an exclusive right if—

34 (1) it is unreasonably costly, burdensome, or impractical for more

35 than one fixed-based operator to provide the services; and

36 (2) allowing more than one fixed-based operator to provide the serv37 ices requires a reduction in space leased under an agreement existing

38 on September 3, 1982, between the operator and the airport.

39 § 40104. Promotion of civil aeronautics and air commerce

40 The Administrator of the Federal Aviation Administration shall encour41 age the development of civil aeronautics and air commerce in and outside
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1 the United States. In carrying out this section, the Administrator shall take

2 action that the Administrator considers necessary to establish, within avail3 able resources, a program to distribute civil aviation information in each re4 gion served by the Administration. The program shall provide, on request,

5 informational material and expertise on civil aviation to State and local

6 school administrators, college and university officials, and officers of other

7 interested organizations.

8 § 40105. International negotiations, agreements, and obliga9 tions

10 (a) ADVICE AND CONSULTATION.—The Secretary of State shall advise

11 the Administrator of the Federal Aviation Administration and the Secretar12 ies of Transportation and Commerce, and consult with them as appropriate,

13 about negotiations for an agreement with a government of a foreign country

14 to establish or develop air navigation, including air routes and services. The

15 Secretary of Transportation shall consult with the Secretary of State in car16 rying out this part to the extent this part is related to foreign air transpor17 tation.

18 (b) ACTIONS OF SECRETARY AND ADMINISTRATOR.—(1) In carrying out

19 this part, the Secretary of Transportation and the Administrator—

20 (A) shall act consistently with obligations of the United States Gov21 ernment under an international agreement;

22 (B) shall consider applicable laws and requirements of a foreign

23 country; and

24 (C) may not limit compliance by an air carrier with obligations or

25 liabilities imposed by the government of a foreign country when the

26 Secretary takes any action related to a certificate of public convenience

27 and necessity issued under chapter 411 of this title.

28 (2) This subsection does not apply to an agreement between an air carrier

29 or an officer or representative of an air carrier and the government of a

30 foreign country, if the Secretary of Transportation disapproves the agree31 ment because it is not in the public interest. Section 40106(b)(2) of this

32 title applies to this subsection.

33 (c) CONSULTATION ON INTERNATIONAL AIR TRANSPORTATION POLICY.—

34 In carrying out section 40101(e) of this title, the Secretaries of State and

35 Transportation, to the maximum extent practicable, shall consult on broad

36 policy goals and individual negotiations with—

37 (1) the Secretaries of Commerce and Defense;

38 (2) airport operators;

39 (3) scheduled air carriers;

40 (4) charter air carriers;

41 (5) airline labor;
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1 (6) consumer interest groups;

2 (7) travel agents and tour organizers; and

3 (8) other groups, institutions, and governmental authorities affected

4 by international aviation policy.

5 (d) CONGRESSIONAL OBSERVERS AT INTERNATIONAL AVIATION NEGO6 TIATIONS.—The President shall grant to at least one representative of each

7 House of Congress the privilege of attending international aviation negotia8 tions as an observer if the privilege is requested in advance in writing.

9 § 40106. Emergency powers

10 (a) DEVIATIONS FROM REGULATIONS.—Appropriate military authority

11 may authorize aircraft of the armed forces of the United States to deviate

12 from air traffic regulations prescribed under section 40103(b)(1) and (2) of

13 this title when the authority decides the deviation is essential to the national

14 defense because of a military emergency or urgent military necessity. The

15 authority shall—

16 (1) give the Administrator of the Federal Aviation Administration

17 prior notice of the deviation at the earliest practicable time; and

18 (2) to the extent time and circumstances allow, make every reason19 able effort to consult with the Administrator and arrange for the devi20 ation in advance on a mutually agreeable basis.

21 (b) SUSPENSION OF AUTHORITY.—(1) When the President decides that

22 the government of a foreign country is acting inconsistently with the Con23 vention for the Suppression of Unlawful Seizure of Aircraft or that the gov24 ernment of a foreign country allows territory under its jurisdiction to be

25 used as a base of operations or training of, or as a sanctuary for, or arms,

26 aids, or abets, a terrorist organization that knowingly uses the unlawful sei27 zure, or the threat of an unlawful seizure, of an aircraft as an instrument

28 of policy, the President may suspend the authority of—

29 (A) an air carrier or foreign air carrier to provide foreign air trans30 portation to and from that foreign country;

31 (B) a person to operate aircraft in foreign air commerce to and from

32 that foreign country;

33 (C) a foreign air carrier to provide foreign air transportation be34 tween the United States and another country that maintains air service

35 with the foreign country; and

36 (D) a foreign person to operate aircraft in foreign air commerce be37 tween the United States and another country that maintains air service

38 with the foreign country.

39 (2) The President may act under this subsection without notice or a hear40 ing. The suspension remains in effect for as long as the President decides

41 is necessary to ensure the security of aircraft against unlawful seizure. Not-
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1 withstanding section 40105(b) of this title, the authority of the President

2 to suspend rights under this subsection is a condition to a certificate of pub3 lic convenience and necessity, air carrier operating certificate, foreign air

4 carrier or foreign aircraft permit, or foreign air carrier operating specifica5 tion issued by the Secretary of Transportation under this part.

6 (3) An air carrier or foreign air carrier may not provide foreign air trans7 portation, and a person may not operate aircraft in foreign air commerce,

8 in violation of a suspension of authority under this subsection.

9 § 40107. Presidential transfers

10 (a) GENERAL AUTHORITY.—The President may transfer to the Adminis11 trator of the Federal Aviation Administration a duty, power, activity, or fa12 cility of a department, agency, or instrumentality of the executive branch

13 of the United States Government, or an officer or unit of a department,

14 agency, or instrumentality of the executive branch, related primarily to se15 lecting, developing, testing, evaluating, establishing, operating, or maintain16 ing a system, procedure, facility, or device for safe and efficient air naviga17 tion and air traffic control. In making a transfer, the President may trans18 fer records and property and make officers and employees from the depart19 ment, agency, instrumentality, or unit available to the Administrator.

20 (b) DURING WAR.—If war occurs, the President by executive order may

21 transfer to the Secretary of Defense a duty, power, activity, or facility of

22 the Administrator. In making the transfer, the President may transfer

23 records, property, officers, and employees of the Administration to the De24 partment of Defense.

25 § 40108. Training schools

26 (a) AUTHORITY TO OPERATE.—The Administrator of the Federal Avia27 tion Administration may operate schools to train officers and employees of

28 the Administration to carry out duties, powers, and activities of the Admin29 istrator.

30 (b) ATTENDANCE.—The Administrator may authorize officers and em31 ployees of other departments, agencies, or instrumentalities of the United

32 States Government, officers and employees of governments of foreign coun33 tries, and individuals from the aeronautics industry to attend those schools.

34 However, if the attendance of any of those officers, employees, or individuals

35 increases the cost of operating the schools, the Administrator may require

36 the payment or transfer of amounts or other consideration to offset the ad37 ditional cost. The amount received may be credited to the appropriation cur38 rent when the expenditures are or were paid, the appropriation current

39 when the amount is received, or both.
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1 § 40109. Authority to exempt

2 (a) AIR CARRIERS AND FOREIGN AIR CARRIERS NOT ENGAGED DI3 RECTLY IN OPERATING AIRCRAFT.—(1) The Secretary of Transportation

4 may exempt from subpart II of this part—

5 (A) an air carrier not engaged directly in operating aircraft in air

6 transportation; or

7 (B) a foreign air carrier not engaged directly in operating aircraft

8 in foreign air transportation.

9 (2) The exemption is effective to the extent and for periods that the Sec10 retary decides are in the public interest.

11 (b) SAFETY REGULATION.—The Administrator of the Federal Aviation

12 Administration may grant an exemption from a regulation prescribed in car13 rying out sections 40103(b)(1) and (2), 40119, 44901, 44903, 44906, and

14 44935–44937 of this title when the Administrator decides the exemption is

15 in the public interest.

16 (c) OTHER ECONOMIC REGULATION.—Except as provided in this section,

17 the Secretary may exempt to the extent the Secretary considers necessary

18 a person or class of persons from a provision of chapter 411, sections

19 41301–41306, 41308–41310(a), 41501, 41503, 41504, 41506, 41510,

20 41511, 41701, 41702, 41705–41709, 41711, 41712, and 41731–41742,

21 chapter 419, subchapter II of chapter 421, and section 46301(b) of this

22 title, or a regulation or term prescribed under any of those provisions, when

23 the Secretary decides that the exemption is consistent with the public inter24 est.

25 (d) LABOR REQUIREMENTS.—The Secretary may not exempt an air car26 rier from section 42112 of this title. However, the Secretary may exempt

27 from section 42112(b)(1) and (2) an air carrier not providing scheduled air

28 transportation, and the operations conducted during daylight hours by an

29 air carrier providing scheduled air transportation, when the Secretary de30 cides that—

31 (1) because of the limited extent of, or unusual circumstances affect32 ing, the operation of the air carrier, the enforcement of section

33 42112(b)(1) and (2) of this title is or would be an unreasonable burden

34 on the air carrier that would obstruct its development and prevent it

35 from beginning or continuing operations; and

36 (2) the exemption would not affect adversely the public interest.

37 (e) MAXIMUM FLYING HOURS.—The Secretary may not exempt an air

38 carrier under this section from a provision referred to in subsection (c) of

39 this section, or a regulation or term prescribed under any of those provi40 sions, that sets maximum flying hours for pilots or copilots.
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1 (f) SMALLER AIRCRAFT.—(1) An air carrier is exempt from section

2 41101(a)(1) of this title, and the Secretary may exempt an air carrier from

3 another provision of subpart II of this part, if the air carrier—

4 (A)(i) provides passenger transportation only with aircraft having a

5 maximum capacity of 55 passengers; or

6 (ii) provides the transportation of cargo only with aircraft having a

7 maximum payload of less than 18,000 pounds; and

8 (B) complies with liability insurance requirements and other regula9 tions the Secretary prescribes.

10 (2) The Secretary may increase the passenger or payload capacities when

11 the public interest requires.

12 (3)(A) An exemption under this subsection applies to an air carrier pro13 viding air transportation between 2 places in Alaska, or between Alaska and

14 Canada, only if the carrier is authorized by Alaska to provide the transpor15 tation.

16 (B) The Secretary may limit the number or location of places that may

17 be served by an air carrier providing transportation only in Alaska under

18 an exemption from section 41101(a)(1) of this title, or the frequency with

19 which the transportation may be provided, only when the Secretary decides

20 that providing the transportation substantially impairs the ability of an air

21 carrier holding a certificate issued by the Secretary to provide its authorized

22 transportation, including the minimum transportation requirement for Alas23 ka specified under section 41732(b)(1)(B) of this title.

24 (g) EMERGENCY AIR TRANSPORTATION BY FOREIGN AIR CARRIERS.—(1)

25 To the extent that the Secretary decides an exemption is in the public inter26 est, the Secretary may exempt by order a foreign air carrier from the re27 quirements and limitations of this part for not more than 30 days to allow

28 the foreign air carrier to carry passengers or cargo in interstate air trans29 portation in certain markets if the Secretary finds that—

30 (A) because of an emergency created by unusual circumstances not

31 arising in the normal course of business, air carriers holding certifi32 cates under section 41102 of this title cannot accommodate traffic in

33 those markets;

34 (B) all possible efforts have been made to accommodate the traffic

35 by using the resources of the air carriers, including the use of—

36 (i) foreign aircraft, or sections of foreign aircraft, under lease

37 or charter to the air carriers; and

38 (ii) the air carriers’ reservations systems to the extent prac39 ticable;
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1 (C) the exemption is necessary to avoid unreasonable hardship for

2 the traffic in the markets that cannot be accommodated by the air car3 riers; and

4 (D) granting the exemption will not result in an unreasonable advan5 tage to any party in a labor dispute where the inability to accommodate

6 traffic in a market is a result of the dispute.

7 (2) When the Secretary grants an exemption to a foreign air carrier

8 under this subsection, the Secretary shall—

9 (A) ensure that air transportation that the foreign air carrier pro10 vides under the exemption is made available on reasonable terms;

11 (B) monitor continuously the passenger load factor of air carriers in

12 the market that hold certificates under section 41102 of this title; and

13 (C) review the exemption at least every 30 days to ensure that the

14 unusual circumstances that established the need for the exemption still

15 exist.

16 (3) The Secretary may renew an exemption (including renewals) under

17 this subsection for not more than 30 days. An exemption may continue for

18 not more than 5 days after the unusual circumstances that established the

19 need for the exemption cease.

20 (h) NOTICE AND OPPORTUNITY FOR HEARING.—The Secretary may act

21 under subsections (d) and (f)(3)(B) of this section only after giving the air

22 carrier notice and an opportunity for a hearing.

23 § 40110. General procurement authority

24 (a) GENERAL.—In carrying out this part, the Administrator of the Fed25 eral Aviation Administration may—

26 (1) acquire, to the extent that amounts are available for obligation,

27 services or an interest in property, including an interest in airspace im28 mediately adjacent to and needed for airports and other air navigation

29 facilities owned by the United States Government and operated by the

30 Administrator;

31 (2) dispose of an interest in property for adequate compensation; and

32 (3) construct and improve laboratories and other test facilities.

33 (b) DUTIES AND POWERS.—When carrying out subsection (a) of this sec34 tion, the Administrator of the Federal Aviation Administration—

35 (1) is the senior procurement executive referred to in section 16(3)

36 of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3))

37 for approving the justification for using procedures other than competi38 tive procedures, as required under section 303(f)(1)(B)(iii) of the Fed39 eral Property and Administrative Services Act of 1949 (41 U.S.C.

40 253(f)(1)(B)(iii)); and

41 (2) may—
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1 (A) lease an interest in property for not more than 20 years;

2 (B) consider the reasonable probable future use of the underly3 ing land in making an award for a condemnation of an interest

4 in airspace;

5 (C) construct, or acquire an interest in, a public building (as

6 defined in section 13 of the Public Buildings Act of 1959 (40

7 U.S.C. 612)) only under a delegation of authority from the Ad8 ministrator of General Services;

9 (D) use procedures other than competitive procedures, as pro10 vided under section 303(c) of the Federal Property and Adminis11 trative Services Act of 1949 (41 U.S.C. 253(c));

12 (E) use procedures other than competitive procedures only when

13 the property or services needed by the Administrator of the Fed14 eral Aviation Administration are available from only one respon15 sible source or only from a limited number of responsible sources

16 and no other type of property or services will satisfy the needs of

17 the Administrator; and

18 (F) dispose of property under subsection (a)(2) of this section,

19 except for airport and airway property and technical equipment

20 used for the special purposes of the Administration, only under

21 title II of the Federal Property and Administrative Services Act

22 of 1949 (40 U.S.C. 481 et seq.).

23 § 40111. Multiyear procurement contracts for services and

24 related items

25 (a) GENERAL AUTHORITY.—Notwithstanding section 1341(a)(1)(B) of

26 title 31, the Administrator of the Federal Aviation Administration may

27 make a contract of not more than 5 years for the following types of services

28 and items of supply related to those services for which amounts otherwise

29 would be available for obligation only in the fiscal year for which appro30 priated:

31 (1) Operation, maintenance, and support of facilities and installa32 tions.

33 (2) Operation, maintenance, and modification of aircraft, vehicles,

34 and other highly complex equipment.

35 (3) Specialized training requiring high quality instructor skills, in36 cluding training of pilots and aircrew members and foreign language

37 training.

38 (4) Base services, including ground maintenance, aircraft refueling,

39 bus transportation, and refuse collection and disposal.

40 (b) REQUIRED FINDINGS.—The Administrator may make a contract

41 under this section only if the Administrator finds that—
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1 (1) there will be a continuing requirement for the service consistent

2 with current plans for the proposed contract period;

3 (2) providing the service will require a substantial initial investment

4 in plant or equipment, or will incur a substantial contingent liability

5 for assembling, training, or transporting a specialized workforce; and

6 (3) the contract will promote the best interests of the United States

7 by encouraging effective competition and promoting economies in oper8 ation.

9 (c) CONSIDERATIONS.—When making a contract under this section, the

10 Administrator shall be guided by the following:

11 (1) The part of the cost of a plant or equipment amortized as a cost

12 of contract performance may not be more than the ratio between the

13 period of contract performance and the anticipated useful commercial

14 life (instead of physical life) of the plant or equipment, considering the

15 location and specialized nature of the plant or equipment, obsolescence,

16 and other similar factors.

17 (2) The Administrator shall consider the desirability of—

18 (A) obtaining an option to renew the contract for a reasonable

19 period of not more than 3 years, at a price that does not include

20 charges for nonrecurring costs already amortized; and

21 (B) reserving in the Administrator the right, on payment of the

22 unamortized part of the cost of the plant or equipment, to take

23 title to the plant or equipment under appropriate circumstances.

24 (d) ENDING CONTRACTS.—A contract made under this section shall be

25 ended if amounts are not made available to continue the contract into a sub26 sequent fiscal year. The cost of ending the contract may be paid from—

27 (1) an appropriation originally available for carrying out the con28 tract;

29 (2) an appropriation currently available for procuring the type of

30 service concerned and not otherwise obligated; or

31 (3) amounts appropriated for payments to end the contract.

32 § 40112. Multiyear procurement contracts for property

33 (a) GENERAL AUTHORITY.—Notwithstanding section 1341(a)(1)(B) of

34 title 31 and to the extent that amounts otherwise are available for obliga35 tion, the Administrator of the Federal Aviation Administration may make

36 a contract of more than one but not more than 5 fiscal years to purchase

37 property, except a contract to construct, alter, or make a major repair or

38 improvement to real property or a contract to purchase property to which

39 section 111 of the Federal Property and Administrative Services Act of

40 1949 (40 U.S.C. 759) applies.
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1 (b) REQUIRED FINDINGS.—The Administrator may make a contract

2 under this section if the Administrator finds that—

3 (1) the contract will promote the safety or efficiency of the national

4 airspace system and will result in reduced total contract costs;

5 (2) the minimum need for the property to be purchased is expected

6 to remain substantially unchanged during the proposed contract period

7 in terms of production rate, procurement rate, and total quantities;

8 (3) there is a reasonable expectation that throughout the proposed

9 contract period the Administrator will request appropriations for the

10 contract at the level required to avoid cancellation;

11 (4) there is a stable design for the property to be acquired and the

12 technical risks associated with the property are not excessive; and

13 (5) the estimates of the contract costs and the anticipated savings

14 from the contract are realistic.

15 (c) REGULATIONS.—The Administrator shall prescribe regulations for ac16 quiring property under this section to promote the use of contracts under

17 this section in a way that will allow the most efficient use of those contracts.

18 The regulations may provide for a cancellation provision in the contract to

19 the extent the provision is necessary and in the best interest of the United

20 States. The provision may include consideration of recurring and non21 recurring costs of the contractor associated with producing the item to be

22 delivered under the contract. The regulations shall provide that, to the

23 extent practicable—

24 (1) to broaden the aviation industrial base—

25 (A) a contract under this section shall be used to seek, retain,

26 and promote the use under that contract of subcontractors, ven27 dors, or suppliers; and

28 (B) on accrual of a payment or other benefit accruing on a con29 tract under this section to a subcontractor, vendor, or supplier

30 participating in the contract, the payment or benefit shall be deliv31 ered in the most expeditious way practicable; and

32 (2) this section and regulations prescribed under this section may

33 not be carried out in a way that precludes or curtails the existing abil34 ity of the Administrator to provide for—

35 (A) competition in producing items to be delivered under a con36 tract under this section; or

37 (B) ending a prime contract when performance is deficient with

38 respect to cost, quality, or schedule.

39 (d) CONTRACT PROVISIONS.—(1) A contract under this section may—
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1 (A) be used for the advance procurement of components, parts, and

2 material necessary to manufacture equipment to be used in the na3 tional airspace system;

4 (B) provide that performance under the contract after the first year

5 is subject to amounts being appropriated; and

6 (C) contain a negotiated priced option for varying the number of end

7 items to be procured over the period of the contract.

8 (2) If feasible and practicable, an advance procurement contract may be

9 made to achieve economic-lot purchases and more efficient production rates.

10 (e) CANCELLATION PAYMENT AND NOTICE OF CANCELLATION CEIL11 ING.—(1) If a contract under this section provides that performance is sub12 ject to an appropriation being made, it also may provide for a cancellation

13 payment to be made to the contractor if the appropriation is not made.

14 (2) Before awarding a contract under this section containing a cancella15 tion ceiling of more than $100,000,000, the Administrator shall give written

16 notice of the proposed contract and cancellation ceiling to the Committee

17 on Commerce, Science, and Transportation of the Senate and the Commit18 tee on Public Works and Transportation of the House of Representatives.

19 The contract may not be awarded until the end of the 30-day period begin20 ning on the date of the notice.

21 (f) ENDING CONTRACTS.—A contract made under this section shall be

22 ended if amounts are not made available to continue the contract into a sub23 sequent fiscal year. The cost of ending the contract may be paid from—

24 (1) an appropriation originally available for carrying out the con25 tract;

26 (2) an appropriation currently available for procuring the type of

27 property concerned and not otherwise obligated; or

28 (3) amounts appropriated for payments to end the contract.

29 § 40113. Administrative

30 (a) GENERAL AUTHORITY.—The Secretary of Transportation (or the Ad31 ministrator of the Federal Aviation Administration with respect to aviation

32 safety duties and powers designated to be carried out by the Administrator)

33 may take action the Secretary or Administrator, as appropriate, considers

34 necessary to carry out this part, including conducting investigations, pre35 scribing regulations, standards, and procedures, and issuing orders.

36 (b) HAZARDOUS MATERIAL.—In carrying out this part, the Secretary has

37 the same authority to regulate the transportation of hazardous material by

38 air that the Secretary has under section 5103 of this title. However, this

39 subsection does not prohibit or regulate the transportation of a firearm (as

40 defined in section 232 of title 18) or ammunition for a firearm, when trans41 ported by an individual for personal use.
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1 (c) GOVERNMENTAL ASSISTANCE.—The Secretary (or the Administrator

2 of the Federal Aviation Administration with respect to aviation safety duties

3 and powers designated to be carried out by the Administrator) may use the

4 assistance of the Administrator of the National Aeronautics and Space Ad5 ministration and any research or technical department, agency, or instru6 mentality of the United States Government on matters related to aircraft

7 fuel and oil, and to the design, material, workmanship, construction, per8 formance, maintenance, and operation of aircraft, aircraft engines, propel9 lers, appliances, and air navigation facilities. Each department, agency, and

10 instrumentality may conduct scientific and technical research, investigations,

11 and tests necessary to assist the Secretary or Administrator of the Federal

12 Aviation Administration in carrying out this part. This part does not au13 thorize duplicating laboratory research activities of a department, agency,

14 or instrumentality.

15 (d) INDEMNIFICATION.—The Administrator of the Federal Aviation Ad16 ministration may indemnify an officer or employee of the Administration

17 against a claim or judgment arising out of an act that the Administrator

18 decides was committed within the scope of the official duties of the officer

19 or employee.

20 § 40114. Reports and records

21 (a) WRITTEN REPORTS.—(1) Except as provided in this part, the Sec22 retary of Transportation (or the Administrator of the Federal Aviation Ad23 ministration with respect to aviation safety duties and powers designated to

24 be carried out by the Administrator) shall make a written report of each

25 proceeding and investigation under this part in which a formal hearing was

26 held and shall provide a copy to each party to the proceeding or investiga27 tion. The report shall include the decision, conclusions, order, and require28 ments of the Secretary or Administrator as appropriate.

29 (2) The Secretary (or the Administrator with respect to aviation safety

30 duties and powers designated to be carried out by the Administrator) shall

31 have all reports, orders, decisions, and regulations the Secretary or Adminis32 trator, as appropriate, issues or prescribes published in the form and way

33 best adapted for public use. A publication of the Secretary or Administrator

34 is competent evidence of its contents.

35 (b) PUBLIC RECORDS.—Except as provided in subpart II of this part,

36 copies of tariffs and arrangements filed with the Secretary under subpart

37 II, and the statistics, tables, and figures contained in reports made to the

38 Secretary under subpart II, are public records. The Secretary is the custo39 dian of those records. A public record, or a copy or extract of it, certified

40 by the Secretary under the seal of the Department of Transportation is
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1 competent evidence in an investigation by the Secretary and in a judicial

2 proceeding.

3 § 40115. Withholding information

4 (a) OBJECTIONS TO DISCLOSURE.—(1) A person may object to the public

5 disclosure of information—

6 (A) in a record filed under this part; or

7 (B) obtained under this part by the Secretary of Transportation or

8 State or the United States Postal Service.

9 (2) An objection must be in writing and must state the reasons for the

10 objection. The Secretary of Transportation or State or the Postal Service

11 shall order the information withheld from public disclosure when the appro12 priate Secretary or the Postal Service decides that disclosure of the informa13 tion would—

14 (A) prejudice the United States Government in preparing and pre15 senting its position in international negotiations; or

16 (B) have an adverse effect on the competitive position of an air car17 rier in foreign air transportation.

18 (b) WITHHOLDING INFORMATION FROM CONGRESS.—This section does

19 not authorize information to be withheld from a committee of Congress au20 thorized to have the information.

21 § 40116. State taxation

22 (a) DEFINITION.—In this section, ‘‘State’’ includes the District of Colum23 bia, a territory or possession of the United States, and a political authority

24 of at least 2 States.

25 (b) PROHIBITIONS.—Except as provided in subsection (c) of this section

26 and section 40117 of this title, a State or political subdivision of a State

27 may not levy or collect a tax, fee, head charge, or other charge on—

28 (1) an individual traveling in air commerce;

29 (2) the transportation of an individual traveling in air commerce;

30 (3) the sale of air transportation; or

31 (4) the gross receipts from that air commerce or transportation.

32 (c) AIRCRAFT TAKING OFF OR LANDING IN STATE.—A State or political

33 subdivision of a State may levy or collect a tax on or related to a flight

34 of a commercial aircraft or an activity or service on the aircraft only if the

35 aircraft takes off or lands in the State or political subdivision as part of

36 the flight.

37 (d) UNREASONABLE BURDENS AND DISCRIMINATION AGAINST INTER38 STATE COMMERCE.—(1) In this subsection—

39 (A) ‘‘air carrier transportation property’’ means property (as defined

40 by the Secretary of Transportation) that an air carrier providing air

41 transportation owns or uses;
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1 (B) ‘‘assessment’’ means valuation for a property tax levied by a tax2 ing district;

3 (C) ‘‘assessment jurisdiction’’ means a geographical area in a State

4 used in determining the assessed value of property for ad valorem tax5 ation; and

6 (D) ‘‘commercial and industrial property’’ means property (except

7 transportation property and land used primarily for agriculture or tim8 ber growing) devoted to a commercial or industrial use and subject to

9 a property tax levy.

10 (2)(A) A State, political subdivision of a State, or authority acting for

11 a State or political subdivision may not do any of the following acts because

12 those acts unreasonably burden and discriminate against interstate com13 merce:

14 (i) Assess air carrier transportation property at a value that has a

15 higher ratio to the true market value of the property than the ratio

16 that the assessed value of other commercial and industrial property of

17 the same type in the same assessment jurisdiction has to the true mar18 ket value of the other commercial and industrial property.

19 (ii) Levy or collect a tax on an assessment that may not be made

20 under clause (i) of this subparagraph.

21 (iii) Levy or collect an ad valorem property tax on air carrier trans22 portation property at a tax rate greater than the tax rate applicable

23 to commercial and industrial property in the same assessment jurisdic24 tion.

25 (B) Subparagraph (A) of this paragraph does not apply to an in lieu tax

26 completely used for airport and aeronautical purposes.

27 (e) OTHER ALLOWABLE TAXES AND CHARGES.—Except as provided in

28 subsection (d) of this section, a State or political subdivision of a State may

29 levy or collect—

30 (1) taxes (except those taxes enumerated in subsection (b) of this

31 section), including property taxes, net income taxes, franchise taxes,

32 and sales or use taxes on the sale of goods or services; and

33 (2) reasonable rental charges, landing fees, and other service charges

34 from aircraft operators for using airport facilities of an airport owned

35 or operated by that State or subdivision.

36 (f) PAY OF AIR CARRIER EMPLOYEES.—(1) In this subsection—

37 (A) ‘‘pay’’ means money received by an employee for services.

38 (B) ‘‘State’’ means a State of the United States, the District of Co39 lumbia, and a territory or possession of the United States.

40 (C) an employee is deemed to have earned 50 percent of the employ41 ee’s pay in a State or political subdivision of a State in which the
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1 scheduled flight time of the employee in the State or subdivision is

2 more than 50 percent of the total scheduled flight time of the employee

3 when employed during the calendar year.

4 (2) The pay of an employee of an air carrier having regularly assigned

5 duties on aircraft in at least 2 States is subject to the income tax laws of

6 only the following:

7 (A) the State or political subdivision of the State that is the resi8 dence of the employee.

9 (B) the State or political subdivision of the State in which the em10 ployee earns more than 50 percent of the pay received by the employee

11 from the carrier.

12 § 40117. Passenger facility fees

13 (a) DEFINITIONS.—In this section—

14 (1) ‘‘airport’’, ‘‘commercial service airport’’, and ‘‘public agency’’

15 have the same meanings given those terms in section 47102 of this

16 title.

17 (2) ‘‘eligible agency’’ means a public agency that controls a commer18 cial service airport.

19 (3) ‘‘eligible airport-related project’’ means a project—

20 (A) for airport development or airport planning under sub21 chapter I of chapter 471 of this title;

22 (B) for terminal development described in section 47110(d) of

23 this title;

24 (C) for airport noise capability planning under section 47505 of

25 this title;

26 (D) to carry out noise compatibility measures eligible for assist27 ance under section 47504 of this title, whether or not a program

28 for those measures has been approved under section 47504; and

29 (E) for constructing gates and related areas at which pas30 sengers board or exit aircraft.

31 (4) ‘‘passenger facility fee’’ means a fee imposed under this section.

32 (5) ‘‘passenger facility revenue’’ means revenue derived from a pas33 senger facility fee.

34 (b) GENERAL AUTHORITY.—(1) The Secretary of Transportation may au35 thorize under this section an eligible agency to impose a passenger facility

36 fee of $1, $2, or $3 on each paying passenger of an air carrier or foreign

37 air carrier boarding an aircraft at an airport the agency controls to finance

38 an eligible airport-related project, including making payments for debt serv39 ice on indebtedness incurred to carry out the project, to be carried out in

40 connection with the airport or any other airport the agency controls.
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1 (2) A State, political subdivision of a State, or authority of a State or

2 political subdivision that is not the eligible agency may not regulate or pro3 hibit the imposition or collection of a passenger facility fee or the use of

4 the passenger facility revenue.

5 (3) A passenger facility fee may be imposed on a passenger of an air car6 rier or foreign air carrier originating or connecting at the commercial serv7 ice airport that the agency controls.

8 (c) APPLICATIONS.—(1) An eligible agency must submit to the Secretary

9 an application for authority to impose a passenger facility fee. The applica10 tion shall contain information and be in the form that the Secretary may

11 require by regulation.

12 (2) Before submitting an application, the eligible agency must provide

13 reasonable notice to, and an opportunity for consultation with, air carriers

14 and foreign air carriers operating at the airport. The Secretary shall pre15 scribe regulations that define reasonable notice and contain at least the fol16 lowing requirements:

17 (A) The agency must provide written notice of individual projects

18 being considered for financing by a passenger facility fee and the date

19 and location of a meeting to present the projects to air carriers and

20 foreign air carriers operating at the airport.

21 (B) Not later than 30 days after written notice is provided under

22 subparagraph (A) of this paragraph, each air carrier and foreign air

23 carrier operating at the airport must provide to the agency written no24 tice of receipt of the notice. Failure of a carrier to provide the notice

25 may be deemed certification of agreement with the project by the car26 rier under subparagraph (D) of this paragraph.

27 (C) Not later than 45 days after written notice is provided under

28 subparagraph (A) of this paragraph, the agency must conduct a meet29 ing to provide air carriers and foreign air carriers with descriptions of

30 projects and justifications and a detailed financial plan for projects.

31 (D) Not later than 30 days after the meeting, each air carrier and

32 foreign air carrier must provide to the agency certification of agree33 ment or disagreement with projects (or total plan for the projects).

34 Failure to provide the certification is deemed certification of agreement

35 with the project by the carrier. A certification of disagreement is void

36 if it does not contain the reasons for the disagreement.

37 (3) After receiving an application, the Secretary shall provide notice and

38 an opportunity to air carriers, foreign air carriers, and other interested per39 sons to comment on the application. The Secretary shall make a final deci40 sion on the application not later than 120 days after receiving it.
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1 (d) LIMITATIONS ON APPROVING APPLICATIONS.—The Secretary may ap2 prove an application that an eligible agency has submitted under subsection

3 (c) of this section to finance a specific project only if the Secretary finds,

4 based on the application, that—

5 (1) the amount and duration of the proposed passenger facility fee

6 will result in revenue (including interest and other returns on the reve7 nue) that is not more than the amount necessary to finance the specific

8 project; and

9 (2) each project is an eligible airport-related project that will—

10 (A) preserve or enhance capacity, safety, or security of the na11 tional air transportation system;

12 (B) reduce noise resulting from an airport that is part of the

13 system; or

14 (C) provide an opportunity for enhanced competition between or

15 among air carriers and foreign air carriers.

16 (e) LIMITATIONS ON IMPOSING FEES.—(1) An eligible agency may im17 pose a passenger facility fee only—

18 (A) if the Secretary approves an application that the agency has sub19 mitted under subsection (c) of this section; and

20 (B) subject to terms the Secretary may prescribe to carry out the

21 objectives of this section.

22 (2) A passenger facility fee may not be collected from a passenger—

23 (A) for more than 2 boardings on a one-way trip or a trip in each

24 direction of a round trip;

25 (B) for the boarding to an eligible place under subchapter II of chap26 ter 417 of this title for which essential air service compensation is paid

27 under subchapter II; and

28 (C) for a project the Secretary does not approve under this section

29 before October 1, 1993, if, during the fiscal year ending September 30,

30 1993, the amount available for obligation under subchapter II of chap31 ter 417 of this title is less than $38,600,000, except that this clause—

32 (i) does not apply if the amount available for obligation under

33 subchapter II of chapter 417 of this title is less than $38,600,000

34 because of sequestration or other general appropriations reduc35 tions applied proportionately to appropriations accounts through36 out an appropriation law; and

37 (ii) does not affect the authority of the Secretary to approve the

38 imposition of a fee or the use of revenues, derived from a fee im39 posed under an approval made under this section, by a public

40 agency that has received an approval to impose a fee under this
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1 section before September 30, 1993, regardless of whether the fee

2 is being imposed on September 30, 1993.

3 (f) LIMITATIONS ON CONTRACTS, LEASES, AND USE AGREEMENTS.—(1)

4 A contract between an air carrier or foreign air carrier and an eligible agen5 cy made at any time may not impair the authority of the agency to impose

6 a passenger facility fee or to use the passenger facility revenue as provided

7 in this section.

8 (2) A project financed with a passenger facility fee may not be subject

9 to an exclusive long-term lease or use agreement of an air carrier or foreign

10 air carrier, as defined by regulations of the Secretary.

11 (3) A lease or use agreement of an air carrier or foreign air carrier relat12 ed to a project whose construction or expansion was financed with a pas13 senger facility fee may not restrict the eligible agency from financing, devel14 oping, or assigning new capacity at the airport with passenger facility

15 revenue.

16 (g) TREATMENT OF REVENUE.—(1) Passenger facility revenue is not air17 port revenue for purposes of establishing a rate, fee, or charge under a con18 tract between an eligible agency and an air carrier or foreign air carrier.

19 (2) An eligible agency may not include in its rate base the part of the

20 capital costs of a project paid for by using passenger facility revenue to es21 tablish a rate, fee, or charge under a contract between the agency and an

22 air carrier or foreign air carrier.

23 (3) For a project for terminal development, gates and related areas, or

24 a facility occupied or used by at least one air carrier or foreign air carrier

25 on an exclusive or preferential basis, a rate, fee, or charge payable by an

26 air carrier or foreign air carrier using the facilities must at least equal the

27 rate, fee, or charge paid by an air carrier or foreign air carrier using a simi28 lar facility at the airport that was not financed with passenger facility

29 revenue.

30 (h) COMPLIANCE.—(1) As necessary to ensure compliance with this sec31 tion, the Secretary shall prescribe regulations requiring recordkeeping and

32 auditing of accounts maintained by an air carrier or foreign air carrier and

33 its agent collecting a passenger facility fee and by the eligible agency impos34 ing the fee.

35 (2) The Secretary periodically shall audit and review the use by an eligi36 ble agency of passenger facility revenue. After review and a public hearing,

37 the Secretary may end any part of the authority of the agency to impose

38 a passenger facility fee to the extent the Secretary decides that the revenue

39 is not being used as provided in this section.

40 (3) The Secretary may set off amounts necessary to ensure compliance

41 with this section against amounts otherwise payable to an eligible agency
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1 under subchapter I of chapter 471 of this title if the Secretary decides a

2 passenger facility fee is excessive or that passenger facility revenue is not

3 being used as provided in this section.

4 (i) REGULATIONS.—The Secretary shall prescribe regulations necessary to

5 carry out this section. The regulations—

6 (1) may prescribe the time and form by which a passenger facility

7 fee takes effect; and

8 (2) shall—

9 (A) require an air carrier or foreign air carrier and its agent

10 to collect a passenger facility fee that an eligible agency imposes

11 under this section;

12 (B) establish procedures for handling and remitting money

13 collected;

14 (C) ensure that the money, less a uniform amount the Secretary

15 determines reflects the average necessary and reasonable expenses

16 (net of interest accruing to the carrier and agent after collection

17 and before remittance) incurred in collecting and handling the fee,

18 is paid promptly to the eligible agency for which they are collected;

19 and

20 (D) require that the amount collected for any air transportation

21 be noted on the ticket for that air transportation.

22 § 40118. Government-financed air transportation

23 (a) TRANSPORTATION BY AIR CARRIERS HOLDING CERTIFICATES.—A

24 department, agency, or instrumentality of the United States Government

25 shall take necessary steps to ensure that the transportation of passengers

26 and property by air is provided by an air carrier holding a certificate under

27 section 41102 of this title if—

28 (1) the department, agency, or instrumentality—

29 (A) obtains the transportation for itself or in carrying out an

30 arrangement under which payment is made by the Government or

31 payment is made from amounts provided for the use of the Gov32 ernment; or

33 (B) provides the transportation to or for a foreign country or

34 international or other organization without reimbursement;

35 (2) the transportation is authorized by the certificate or by regula36 tion or exemption of the Secretary of Transportation; and

37 (3) the air carrier is—

38 (A) available, if the transportation is between a place in the

39 United States and a place outside the United States; or

40 (B) reasonably available, if the transportation is between 2

41 places outside the United States.
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1 (b) TRANSPORTATION BY FOREIGN AIR CARRIERS.—This section does

2 not preclude the transportation of passengers and property by a foreign air

3 carrier if the transportation is provided under a bilateral or multilateral air

4 transportation agreement to which the Government and the government of

5 a foreign country are parties if the agreement—

6 (1) is consistent with the goals for international aviation policy of

7 section 40101(e) of this title; and

8 (2) provides for the exchange of rights or benefits of similar mag9 nitude.

10 (c) PROOF.—The Comptroller General shall allow the expenditure of an

11 appropriation for transportation in violation of this section only when satis12 factory proof is presented showing the necessity for the transportation.

13 (d) TRANSPORTATION BY FOREIGN AIR CARRIERS.—Notwithstanding

14 subsections (a) and (c) of this section, any amount appropriated to the Sec15 retary of State, the Director of the United States Information Agency, the

16 Director of the United States International Development Cooperation Agen17 cy, or the Director of the Arms Control and Disarmament Agency may be

18 used to pay for the transportation of an officer or employee of the Depart19 ment of State or one of those agencies, a dependent of the officer or em20 ployee, and accompanying baggage, by a foreign air carrier when the trans21 portation is between 2 places outside the United States.

22 (e) RELATIONSHIP TO OTHER LAWS.—This section does not affect the

23 application of the antidiscrimination provisions of this part.

24 § 40119. Security and research and development activities

25 (a) GENERAL REQUIREMENTS.—The Administrator of the Federal Avia26 tion Administration shall conduct research (including behavioral research)

27 and development activities appropriate to develop, modify, test, and evaluate

28 a system, procedure, facility, or device to protect passengers and property

29 against acts of criminal violence and aircraft piracy.

30 (b) DISCLOSURE.—(1) Notwithstanding section 552 of title 5, the Admin31 istrator shall prescribe regulations prohibiting disclosure of information ob32 tained or developed in carrying out security or research and development

33 activities under section 44501(a) or (c), 44502(a)(1) or (3), (b), or (c),

34 44504, 44505, 44507, 44508, 44511, 44512, 44513, 44901, 44903(a), (b),

35 (c), or (e), 44905, 44912, 44935, 44936, or 44938(a) or (b) of this title

36 if the Administrator decides disclosing the information would—

37 (A) be an unwarranted invasion of personal privacy;

38 (B) reveal a trade secret or privileged or confidential commercial or

39 financial information; or

40 (C) be detrimental to the safety of passengers in air transportation.
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1 (2) Paragraph (1) of this subsection does not authorize information to

2 be withheld from a committee of Congress authorized to have the informa3 tion.

4 (c) TRANSFERS OF DUTIES AND POWERS PROHIBITED.—Except as oth5 erwise provided by law, the Administrator may not transfer a duty or power

6 under this section to another department, agency, or instrumentality of the

7 United States Government.

8 § 40120. Relationship to other laws

9 (a) NONAPPLICATION.—Except as provided in the International Naviga10 tional Rules Act of 1977 (33 U.S.C. 1601 et seq.), the navigation and ship11 ping laws of the United States and the rules for the prevention of collisions

12 do not apply to aircraft or to the navigation of vessels related to those

13 aircraft.

14 (b) EXTENDING APPLICATION OUTSIDE UNITED STATES.—The President

15 may extend (in the way and for periods the President considers necessary)

16 the application of this part to outside the United States when—

17 (1) an international arrangement gives the United States Govern18 ment authority to make the extension; and

19 (2) the President decides the extension is in the national interest.

20 (c) ADDITIONAL REMEDIES.—A remedy under this part is in addition to

21 any other remedies provided by law.

22 SUBPART II—ECONOMIC REGULATION

23 CHAPTER 411—AIR CARRIER CERTIFICATES

Sec.

41101. Requirement for a certificate.

41102. General, temporary, and charter air transportation certificates of air carriers.

41103. All-cargo air transportation certificates of air carriers.

41104. Additional limitations and requirements of charter air carriers.

41105. Transfers of certificates.

41106. Airlift service.

41107. Transportation of mail.

41108. Applications for certificates.

41109. Terms of certificates.

41110. Effective periods and amendments, modifications, suspensions, and revocations of certificates.

41111. Simplified procedure to apply for, amend, modify, suspend, and transfer certificates.

41112. Liability insurance and financial responsibility.

24 § 41101. Requirement for a certificate

25 (a) GENERAL.—Except as provided in this chapter or another law—

26 (1) an air carrier may provide air transportation only if the air car27 rier holds a certificate issued under this chapter authorizing the air

28 transportation;

29 (2) a charter air carrier may provide charter air transportation only

30 if the charter air carrier holds a certificate issued under this chapter

31 authorizing the charter air transportation; and
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1 (3) an air carrier may provide all-cargo air transportation only if the

2 air carrier holds a certificate issued under this chapter authorizing the

3 all-cargo air transportation.

4 (b) THROUGH SERVICE AND JOINT TRANSPORTATION.—A citizen of the

5 United States providing transportation in a State of passengers or property

6 as a common carrier for compensation with aircraft capable of carrying at

7 least 30 passengers, under authority granted by the appropriate State au8 thority—

9 (1) may provide transportation for passengers and property that in10 cludes through service by the citizen over its routes in the State and

11 in air transportation by an air carrier or foreign air carrier; and

12 (2) subject to sections 41309 and 42111 of this title, may make an

13 agreement with an air carrier or foreign air carrier to provide the joint

14 transportation.

15 (c) PROPRIETARY OR EXCLUSIVE RIGHT NOT CONFERRED.—A certificate

16 issued under this chapter does not confer a proprietary or exclusive right

17 to use airspace, an airway of the United States, or an air navigation facility.

18 § 41102. General, temporary, and charter air transportation

19 certificates of air carriers

20 (a) ISSUANCE.—The Secretary of Transportation may issue a certificate

21 of public convenience and necessity to a citizen of the United States author22 izing the citizen to provide any part of the following air transportation the

23 citizen has applied for under section 41108 of this title:

24 (1) Air transportation as an air carrier.

25 (2) Temporary air transportation as an air carrier for a limited pe26 riod.

27 (3) Charter air transportation as a charter air carrier.

28 (b) FINDINGS REQUIRED FOR ISSUANCE.—(1) Before issuing a certificate

29 under subsection (a) of this section, the Secretary must find that the citizen

30 is fit, willing, and able to provide the transportation to be authorized by

31 the certificate and to comply with this part and regulations of the Secretary.

32 (2) In addition to the findings under paragraph (1) of this subsection,

33 the Secretary, before issuing a certificate under subsection (a) of this sec34 tion for foreign air transportation, must find that the transportation is con35 sistent with the public convenience and necessity.

36 (c) TEMPORARY CERTIFICATES.—The Secretary may issue a certificate

37 under subsection (a) of this section for interstate air transportation (except

38 the transportation of passengers) or foreign air transportation for a tem39 porary period of time (whether the application is for permanent or tem40 porary authority) when the Secretary decides that a test period is desir41 able—
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1 (1) to decide if the projected services, efficiencies, methods, and rates

2 and the projected results will materialize and remain for a sustained

3 period of time; or

4 (2) to evaluate the new transportation.

5 (d) FOREIGN AIR TRANSPORTATION.—The Secretary shall submit each

6 decision authorizing the provision of foreign air transportation to the Presi7 dent under section 41307 of this title.

8 § 41103. All-cargo air transportation certificates of air car9 riers

10 (a) APPLICATIONS.—A citizen of the United States may apply to the Sec11 retary of Transportation for a certificate authorizing the citizen to provide

12 all-property air transportation. The application must contain information

13 and be in the form the Secretary by regulation requires.

14 (b) ISSUANCE.—Not later than 180 days after an application for a certifi15 cate is filed under this section, the Secretary shall issue the certificate to

16 a citizen of the United States authorizing the citizen, as an air carrier, to

17 provide any part of the all-cargo air transportation applied for unless the

18 Secretary finds that the citizen is not fit, willing, and able to provide the

19 all-cargo air transportation to be authorized by the certificate and to comply

20 with regulations of the Secretary.

21 (c) TERMS.—The Secretary may impose terms the Secretary considers

22 necessary when issuing a certificate under this section. However, the Sec23 retary may not impose terms that restrict the places served or rates charged

24 by the holder of the certificate.

25 (d) EXEMPTIONS AND STATUS.—A citizen issued a certificate under this

26 section—

27 (1) is exempt in providing the transportation under the certificate

28 from the requirements of—

29 (A) section 41101(a)(1) of this title and regulations or proce30 dures prescribed under section 41101(a)(1); and

31 (B) other provisions of this part and regulations or procedures

32 prescribed under those provisions when the Secretary finds under

33 regulations of the Secretary that the exemption is appropriate; and

34 (2) is an air carrier under this part except to the extent the carrier

35 is exempt under this section from a requirement of this part.

36 § 41104. Additional limitations and requirements of charter

37 air carriers

38 (a) RESTRICTIONS.—The Secretary of Transportation may prescribe a

39 regulation or issue an order restricting the marketability, flexibility, acces40 sibility, or variety of charter air transportation provided under a certificate

41 issued under section 41102 of this title only to the extent required by the
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1 public interest. A regulation prescribed or order issued under this subsection

2 may not be more restrictive than a regulation related to charter air trans3 portation that was in effect on October 1, 1978.

4 (b) ALASKA.—An air carrier holding a certificate issued under section

5 41102 of this title may provide charter air transportation between places

6 in Alaska only to the extent the Secretary decides the transportation is re7 quired by public convenience and necessity. The Secretary may make that

8 decision when issuing, amending, or modifying the certificate. This sub9 section does not apply to a certificate issued under section 41102 to a citi10 zen of the United States who, before July 1, 1977—

11 (1) maintained a principal place of business in Alaska; and

12 (2) conducted air transport operations between places in Alaska with

13 aircraft with a certificate for gross takeoff weight of more than 40,000

14 pounds.

15 (c) SUSPENSIONS.—(1) The Secretary shall suspend for not more than

16 30 days any part of the certificate of a charter air carrier if the Secretary

17 decides that the failure of the carrier to comply with the requirements de18 scribed in sections 41110(e) and 41112 of this title, or a regulation or order

19 of the Secretary under section 41110(e) or 41112, requires immediate sus20 pension in the interest of the rights, welfare, or safety of the public. The

21 Secretary may act under this paragraph without notice or a hearing.

22 (2) The Secretary shall begin immediately a hearing to decide if the cer23 tificate referred to in paragraph (1) of this subsection should be amended,

24 modified, suspended, or revoked. Until the hearing is completed, the Sec25 retary may suspend the certificate for additional periods totaling not more

26 than 60 days. If the Secretary decides that the carrier is complying with

27 the requirements described in sections 41110(e) and 41112 of this title and

28 regulations and orders under sections 41110(e) and 41112, the Secretary

29 immediately may end the suspension period and proceeding begun under

30 this subsection. However, the Secretary is not prevented from imposing a

31 civil penalty on the carrier for violating the requirements described in sec32 tion 41110(e) or 41112 or a regulation or order under section 41110(e) or

33 41112.

34 § 41105. Transfers of certificates

35 (a) GENERAL.—A certificate issued under section 41102 of this title may

36 be transferred only when the Secretary of Transportation approves the

37 transfer as being consistent with the public interest.

38 (b) CERTIFICATION TO CONGRESS.—When a certificate is transferred, the

39 Secretary shall certify to the Committee on Commerce, Science, and Trans40 portation of the Senate and the Committee on Public Works and Transpor41 tation of the House of Representatives that the transfer is consistent with
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1 the public interest. The Secretary shall include with the certification a re2 port analyzing the effects of the transfer on—

3 (1) the viability of each carrier involved in the transfer;

4 (2) competition in the domestic airline industry; and

5 (3) the trade position of the United States in the international air

6 transportation market.

7 § 41106. Airlift service

8 (a) GENERAL.—(1) Except as provided in subsection (b) of this section,

9 the transportation of passengers or property by transport category aircraft

10 in interstate air transportation obtained by the Secretary of Defense or the

11 Secretary of a military department through a contract of at least 31 days

12 for airlift service in the United States may be provided only by an air car13 rier that—

14 (A) has aircraft in the civil reserve air fleet or offers to place the

15 aircraft in that fleet; and

16 (B) holds a certificate issued under section 41102 of this title.

17 (2) The Secretary of Transportation shall act as expeditiously as possible

18 on an application for a certificate under section 41102 of this title to pro19 vide airlift service.

20 (b) EXCEPTION.—When the Secretary of Defense decides that no air car21 rier holding a certificate under section 41102 is capable of providing, and

22 willing to provide, the airlift service, the Secretary of Defense may make

23 a contract to provide the service with an air carrier not having a certificate.

24 § 41107. Transportation of mail

25 When the United States Postal Service finds that the needs of the Postal

26 Service require the transportation of mail by aircraft in foreign air transpor27 tation or between places in Alaska, in addition to the transportation of mail

28 authorized under certificates in effect, the Postal Service shall certify that

29 finding to the Secretary of Transportation with a statement about the addi30 tional transportation and facilities necessary to provide the additional trans31 portation. A copy of each certification and statement shall be posted for at

32 least 20 days in the office of the Secretary. After notice and an opportunity

33 for a hearing, the Secretary shall issue a new certificate under section

34 41102 of this title, or amend or modify an existing certificate under section

35 41110(a)(2)(A) of this title, to provide the additional transportation and fa36 cilities if the Secretary finds the additional transportation is required by the

37 public convenience and necessity.

38 § 41108. Applications for certificates

39 (a) FORM, CONTENTS, AND PROOF OF SERVICE.—To be issued a certifi40 cate of public convenience and necessity under section 41102 of this title,
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1 a citizen of the United States must apply to the Secretary of Transpor2 tation. The application must—

3 (1) be in the form and contain information required by regulations

4 of the Secretary; and

5 (2) be accompanied by proof of service on interested persons as re6 quired by regulations of the Secretary and on each community that

7 may be affected by the issuance of the certificate.

8 (b) NOTICE, RESPONSE, AND ACTIONS ON APPLICATIONS.—(1) When an

9 application is filed, the Secretary shall post a notice of the application in

10 the office of the Secretary and give notice of the application to other per11 sons as required by regulations of the Secretary. An interested person may

12 file a response with the Secretary opposing or supporting the issuance of

13 the certificate. Not later than 90 days after the application is filed, the Sec14 retary shall—

15 (A) provide an opportunity for a public hearing on the application;

16 (B) begin the procedure under section 41111 of this title; or

17 (C) dismiss the application on its merits.

18 (2) An order of dismissal issued by the Secretary under paragraph (1)(C)

19 of this subsection is a final order and may be reviewed judicially under sec20 tion 46110 of this title.

21 (3) If the Secretary provides an opportunity for a hearing under para22 graph (1)(A) of this subsection, an initial or recommended decision shall be

23 issued not later than 150 days after the date the Secretary provides the op24 portunity. The Secretary shall issue a final order on the application not

25 later than 90 days after the decision is issued. However, if the Secretary

26 does not act within the 90-day period, the initial or recommended decision

27 on an application to provide—

28 (A) interstate air transportation is a final order and may be reviewed

29 judicially under section 46110 of this title; and

30 (B) foreign air transportation shall be submitted to the President

31 under section 41307 of this title.

32 (4) If the Secretary acts under paragraph (1)(B) of this subsection, the

33 Secretary shall issue a final order on the application not later than 180 days

34 after beginning the procedure on the application.

35 (5) If a citizen applying for a certificate does not meet the procedural

36 schedule adopted by the Secretary in a proceeding, the Secretary may ex37 tend the period for acting under paragraphs (3) and (4) of this subsection

38 by a period equal to the period of delay caused by the citizen. In addition

39 to an extension under this paragraph, an initial or recommended decision

40 under paragraph (3) of this subsection may be delayed for not more than

41 30 days in extraordinary circumstances.
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1 (c) PROOF REQUIREMENTS.—(1) A citizen applying for a certificate must

2 prove that the citizen is fit, willing, and able to provide the transportation

3 referred to in section 41102 of this title and to comply with this part.

4 (2) A person opposing a citizen applying for a certificate must prove that

5 the transportation referred to in section 41102(b)(2) of this title is not con6 sistent with the public convenience and necessity. The transportation is

7 deemed to be consistent with the public convenience and necessity unless the

8 Secretary finds, by a preponderance of the evidence, that the transportation

9 is not consistent with the public convenience and necessity.

10 § 41109. Terms of certificates

11 (a) GENERAL.—(1) Each certificate issued under section 41102 of this

12 title shall specify the type of transportation to be provided.

13 (2) The Secretary of Transportation—

14 (A) may prescribe terms for providing air transportation under the

15 certificate that the Secretary finds may be required in the public inter16 est; but

17 (B) may not prescribe a term preventing an air carrier from adding

18 or changing schedules, equipment, accommodations, and facilities for

19 providing the authorized transportation to satisfy business development

20 and public demand.

21 (3) A certificate issued under section 41102 of this title to provide foreign

22 air transportation shall specify the places between which the air carrier is

23 authorized to provide the transportation only to the extent the Secretary

24 considers practicable and otherwise only shall specify each general route to

25 be followed. The Secretary shall authorize an air carrier holding a certificate

26 to provide foreign air transportation to handle and transport mail of coun27 tries other than the United States.

28 (4) A certificate issued under section 41102 of this title to provide foreign

29 charter air transportation shall specify the places between which the air car30 rier is authorized to provide the transportation only to the extent the Sec31 retary considers practicable and otherwise only shall specify each geographi32 cal area in which, or between which, the transportation may be provided.

33 (b) MODIFYING TERMS.—(1) An air carrier may file with the Secretary

34 an application to modify any term of its certificate issued under section

35 41102 of this title to provide interstate or foreign air transportation. Not

36 later than 60 days after an application is filed, the Secretary shall—

37 (A) provide the carrier an opportunity for an oral evidentiary hearing

38 on the record; or

39 (B) begin to consider the application under section 41111 of this

40 title.
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1 (2) The Secretary shall modify each term the Secretary finds to be incon2 sistent with the criteria under section 40101(a) and (b) of this title.

3 (3) An application under this subsection may not be dismissed under sec4 tion 41108(b)(1)(C) of this title.

5 § 41110. Effective periods and amendments, modifications,

6 suspensions, and revocations of certificates

7 (a) GENERAL.—(1) Each certificate issued under section 41102 of this

8 title is effective from the date specified in it and remains in effect until—

9 (A) the Secretary of Transportation suspends or revokes the certifi10 cate under this section;

11 (B) the end of the period the Secretary specifies for an air carrier

12 having a certificate of temporary authority issued under section

13 41102(a)(2) of this title; or

14 (C) the Secretary certifies that transportation is no longer being pro15 vided under a certificate.

16 (2) On application or on the initiative of the Secretary and after notice

17 and an opportunity for a hearing or, except as provided in paragraph (4)

18 of this subsection, under section 41111 of this title, the Secretary may—

19 (A) amend, modify, or suspend any part of a certificate if the Sec20 retary finds the public convenience and necessity require amendment,

21 modification, or suspension; and

22 (B) revoke any part of a certificate if the Secretary finds that the

23 holder of the certificate intentionally does not comply with this chapter,

24 sections 41308–41310(a), 41501, 41503, 41504, 41506, 41510, 41511,

25 41701, 41702, 41705–41709, 41711, 41712, and 41731–41742, chap26 ter 419, subchapter II of chapter 421, and section 46301(b) of this

27 title, a regulation or order of the Secretary under any of those provi28 sions, or a term of its certificate.

29 (3) The Secretary may revoke a certificate under paragraph (2)(B) of

30 this subsection only if the holder of the certificate does not comply, within

31 a reasonable time the Secretary specifies, with an order to the holder requir32 ing compliance.

33 (4) A certificate to provide foreign air transportation may not be amend34 ed, modified, suspended, or revoked under section 41111 of this title if the

35 holder of the certificate requests an oral evidentiary hearing or the Sec36 retary finds, under all the facts and circumstances, that the hearing is re37 quired in the public interest.

38 (b) ALL-CARGO AIR TRANSPORTATION.—The Secretary may order that a

39 certificate issued under section 41103 of this title authorizing all-cargo air

40 transportation is ineffective if, after notice and an opportunity for a hear-
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1 ing, the Secretary finds that the transportation is not provided to the mini2 mum extent specified by the Secretary.

3 (c) FOREIGN AIR TRANSPORTATION.—(1) Notwithstanding subsection

4 (a)(2)–(4) of this section, after notice and a reasonable opportunity for the

5 affected air carrier to present its views, but without a hearing, the Secretary

6 may suspend or revoke the authority of an air carrier to provide foreign air

7 transportation to a place under a certificate issued under section 41102 of

8 this title if the carrier—

9 (A) notifies the Secretary, under section 41734(a) of this title or a

10 regulation of the Secretary, that it intends to suspend all transpor11 tation to that place; or

12 (B) does not provide regularly scheduled transportation to the place

13 for 90 days immediately before the date the Secretary notifies the car14 rier of the action the Secretary proposes.

15 (2) Paragraph (1)(B) of this subsection does not apply to a place pro16 vided seasonal transportation comparable to the transportation provided

17 during the prior year.

18 (d) TEMPORARY CERTIFICATES.—On application or on the initiative of

19 the Secretary, the Secretary may—

20 (1) review the performance of an air carrier issued a certificate

21 under section 41102(c) of this title on the basis that the air carrier

22 will provide innovative or low-priced air transportation under the cer23 tificate; and

24 (2) amend, modify, suspend, or revoke the certificate or authority

25 under subsection (a)(2) or (c) of this section if the air carrier has not

26 provided, or is not providing, the transportation.

27 (e) CONTINUING REQUIREMENTS.—After notice and an opportunity for a

28 hearing, the Secretary shall amend, modify, suspend, or revoke any part of

29 a certificate issued under section 41102 of this title if the Secretary finds

30 that the air carrier—

31 (1) is not fit, willing, and able to continue to provide the transpor32 tation authorized by the certificate and to comply with this part and

33 regulations of the Secretary; or

34 (2) does not file reports necessary for the Secretary to decide if the

35 carrier is complying with the requirements of clause (1) of this sub36 section.

37 (f) ILLEGAL IMPORTATION OF CONTROLLED SUBSTANCES.—The Sec38 retary—

39 (1) in consultation with appropriate departments, agencies, and in40 strumentalities of the United States Government, shall reexamine im41 mediately the fitness of an air carrier that—
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1 (A) violates the laws and regulations of the United States relat2 ed to the illegal importation of a controlled substance; or

3 (B) does not adopt available measures to prevent the illegal im4 portation of a controlled substance into the United States on its

5 aircraft; and

6 (2) when appropriate, shall amend, modify, suspend, or revoke the

7 certificate of the carrier issued under this chapter.

8 (g) RESPONSES.—An interested person may file a response with the Sec9 retary opposing or supporting the amendment, modification, suspension, or

10 revocation of a certificate under subsection (a) of this section.

11 § 41111. Simplified procedure to apply for, amend, modify,

12 suspend, and transfer certificates

13 (a) GENERAL REQUIREMENTS.—(1) The Secretary of Transportation

14 shall prescribe regulations that simplify the procedure for—

15 (A) acting on an application for a certificate to provide air transpor16 tation under section 41102 of this title; and

17 (B) amending, modifying, suspending, or transferring any part of

18 that certificate under section 41105 or 41110(a) or (c) of this title.

19 (2) Regulations under this section shall provide for notice and an oppor20 tunity for each interested person to file appropriate written evidence and ar21 gument. An oral evidentiary hearing is not required to be provided under

22 this section.

23 (b) WHEN SIMPLIFIED PROCEDURE USED.—The Secretary may use the

24 simplified procedure to act on an application for a certificate to provide air

25 transportation under section 41102 of this title, or to amend, modify, sus26 pend, or transfer any part of that certificate under section 41105 or

27 41110(a) or (c) of this title, when the Secretary decides the use of the pro28 cedure is in the public interest.

29 (c) CONTENTS.—(1) To the extent the Secretary finds practicable, regula30 tions under this section shall include each standard the Secretary will apply

31 when—

32 (A) deciding whether to use the simplified procedure; and

33 (B) making a decision on an action in which the procedure is used.

34 (2) The regulations may provide that written evidence and argument may

35 be filed under section 41108(b) of this title as a part of a response opposing

36 or supporting the issuance of a certificate.

37 § 41112. Liability insurance and financial responsibility

38 (a) LIABILITY INSURANCE.—The Secretary of Transportation may issue

39 a certificate to a citizen of the United States to provide air transportation

40 as an air carrier under section 41102 of this title only if the citizen complies

41 with regulations and orders of the Secretary governing the filing of an in-
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1 surance policy or self-insurance plan approved by the Secretary. The policy

2 or plan must be sufficient to pay, not more than the amount of the insur3 ance, for bodily injury to, or death of, an individual or for loss of, or dam4 age to, property of others, resulting from the operation or maintenance of

5 the aircraft under the certificate. A certificate does not remain in effect un6 less the carrier complies with this subsection.

7 (b) FINANCIAL RESPONSIBILITY.—To protect passengers and shippers

8 using an aircraft operated by an air carrier issued a certificate under sec9 tion 41102 of this title, the Secretary may require the carrier to file a per10 formance bond or equivalent security in the amount and on terms the Sec11 retary prescribes. The bond or security must be sufficient to ensure the car12 rier adequately will pay the passengers and shippers when the transpor13 tation the carrier agrees to provide is not provided. The Secretary shall pre14 scribe the amounts to be paid under this subsection.

15 CHAPTER 413—FOREIGN AIR TRANSPORTATION

Sec.

41301. Requirement for a permit.

41302. Permits of foreign air carriers.

41303. Transfers of permits.

41304. Effective periods and amendments, modifications, suspensions, and revocations of permits.

41305. Applications for permits.

41306. Simplified procedure to apply for, amend, modify, and suspend permits.

41307. Presidential review of actions about foreign air transportation.

41308. Exemption from the antitrust laws.

41309. Cooperative agreements and requests.

41310. Discriminatory practices.

16 § 41301. Requirement for a permit

17 A foreign air carrier may provide foreign air transportation only if the

18 foreign air carrier holds a permit issued under this chapter authorizing the

19 foreign air transportation.

20 § 41302. Permits of foreign air carriers

21 The Secretary of Transportation may issue a permit to a person (except

22 a citizen of the United States) authorizing the person to provide foreign air

23 transportation as a foreign air carrier if the Secretary finds that—

24 (1) the person is fit, willing, and able to provide the foreign air

25 transportation to be authorized by the permit and to comply with this

26 part and regulations of the Secretary; and

27 (2)(A) the person is qualified, and has been designated by the gov28 ernment of its country, to provide the foreign air transportation under

29 an agreement with the United States Government; or

30 (B) the foreign air transportation to be provided under the permit

31 will be in the public interest.
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1 § 41303. Transfers of permits

2 A permit issued under section 41302 of this title may be transferred only

3 when the Secretary of Transportation approves the transfer because the

4 transfer is in the public interest.

5 § 41304. Effective periods and amendments, modifications,

6 suspensions, and revocations of permits

7 (a) GENERAL.—The Secretary of Transportation may prescribe the pe8 riod during which a permit issued under section 41302 of this title is in

9 effect. After notice and an opportunity for a hearing, the Secretary may

10 amend, modify, suspend, or revoke the permit if the Secretary finds that

11 action to be in the public interest.

12 (b) SUSPENSIONS AND RESTRICTIONS.—Without a hearing, but subject

13 to the approval of the President, the Secretary—

14 (1) may suspend summarily the permits of foreign air carriers of a

15 foreign country, or amend, modify, or limit the operations of the for16 eign air carriers under the permits, when the Secretary finds—

17 (A) the action is in the public interest; and

18 (B) the government, an aeronautical authority, or a foreign air

19 carrier of the foreign country, over the objection of the United

20 States Government, has—

21 (i) limited or denied the operating rights of an air carrier;

22 or

23 (ii) engaged in unfair, discriminatory, or restrictive prac24 tices that have a substantial adverse competitive impact on an

25 air carrier related to air transportation to, from, through, or

26 over the territory of the foreign country; and

27 (2) to make this subsection effective, may restrict operations between

28 the United States and the foreign country by a foreign air carrier of

29 a third country.

30 (c) ILLEGAL IMPORTATION OF CONTROLLED SUBSTANCES.—The Sec31 retary—

32 (1) in consultation with appropriate departments, agencies, and in33 strumentalities of the Government, shall reexamine immediately the fit34 ness of a foreign air carrier that—

35 (A) violates the laws and regulations of the United States relat36 ed to the illegal importation of a controlled substance; or

37 (B) does not adopt available measures to prevent the illegal im38 portation of a controlled substance into the United States on its

39 aircraft; and

40 (2) when appropriate, shall amend, modify, suspend, or revoke the

41 permit of the carrier issued under this chapter.
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1 (d) RESPONSES.—An interested person may file a response with the Sec2 retary opposing or supporting the amendment, modification, suspension, or

3 revocation of a permit under subsection (a) of this section.

4 § 41305. Applications for permits

5 (a) FORM, CONTENTS, NOTICE, RESPONSE, AND ACTIONS ON APPLICA6 TIONS.—(1) A person must apply in writing to the Secretary of Transpor7 tation to be issued a permit under section 41302 of this title. The Secretary

8 shall prescribe regulations to require that the application be—

9 (A) verified;

10 (B) in a certain form and contain certain information;

11 (C) served on interested persons; and

12 (D) accompanied by proof of service on those persons.

13 (2) When an application is filed, the Secretary shall post a notice of the

14 application in the office of the Secretary and give notice of the application

15 to other persons as required by regulations of the Secretary. An interested

16 person may file a response with the Secretary opposing or supporting the

17 issuance of the permit. The Secretary shall act on an application as expedi18 tiously as possible.

19 (b) TERMS.—The Secretary may impose terms for providing foreign air

20 transportation under the permit that the Secretary finds may be required

21 in the public interest.

22 § 41306. Simplified procedure to apply for, amend, modify,

23 and suspend permits

24 (a) REGULATIONS.—The Secretary of Transportation shall prescribe reg25 ulations that simplify the procedure for—

26 (1) acting on an application for a permit to provide foreign air trans27 portation under section 41302 of this title; and

28 (2) amending, modifying, or suspending any part of that permit

29 under section 41304(a) or (b) of this title.

30 (b) NOTICE AND OPPORTUNITY TO RESPOND.—Regulations under this

31 section shall provide for notice and an opportunity for each interested per32 son to file appropriate written evidence and argument. An oral evidentiary

33 hearing is not required to be provided under this section.

34 § 41307. Presidential review of actions about foreign air

35 transportation

36 The Secretary of Transportation shall submit to the President for review

37 each decision of the Secretary to issue, deny, amend, modify, suspend, re38 voke, or transfer a certificate issued under section 41102 of this title au39 thorizing an air carrier, or a permit issued under section 41302 of this title

40 authorizing a foreign air carrier, to provide foreign air transportation. The

41 President may disapprove the decision of the Secretary only if the reason
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1 for disapproval is based on foreign relations or national defense consider2 ations that are under the jurisdiction of the President. The President may

3 not disapprove a decision of the Secretary if the reason is economic or

4 related to carrier selection. A decision of the Secretary—

5 (1) is void if the President disapproves the decision and publishes

6 the reasons (to the extent allowed by national security) for disapproval

7 not later than 60 days after it is submitted to the President; or

8 (2)(A) takes effect as a decision of the Secretary if the President

9 does not disapprove the decision not later than 60 days after the deci10 sion is submitted to the President; and

11 (B) when effective, may be reviewed judicially under section 46110

12 of this title.

13 § 41308. Exemption from the antitrust laws

14 (a) DEFINITION.—In this section, ‘‘antitrust laws’’ has the same meaning

15 given that term in the first section of the Clayton Act (15 U.S.C. 12).

16 (b) EXEMPTION AUTHORIZED.—When the Secretary of Transportation

17 decides it is required by the public interest, the Secretary, as part of an

18 order under section 41309 or 42111 of this title, may exempt a person af19 fected by the order from the antitrust laws to the extent necessary to allow

20 the person to proceed with the transaction specifically approved by the order

21 and with any transaction necessarily contemplated by the order.

22 (c) EXEMPTION REQUIRED.—In an order under section 41309 of this

23 title approving an agreement, request, modification, or cancellation, the Sec24 retary, on the basis of the findings required under section 41309(b)(1), shall

25 exempt a person affected by the order from the antitrust laws to the extent

26 necessary to allow the person to proceed with the transaction specifically ap27 proved by the order and with any transaction necessarily contemplated by

28 the order.

29 § 41309. Cooperative agreements and requests

30 (a) FILING.—An air carrier or foreign air carrier may file with the Sec31 retary of Transportation a true copy of or, if oral, a true and complete

32 memorandum of, an agreement (except an agreement related to interstate

33 air transportation), or a request for authority to discuss cooperative ar34 rangements (except arrangements related to interstate air transportation),

35 and any modification or cancellation of an agreement, between the air car36 rier or foreign air carrier and another air carrier, a foreign carrier, or an37 other carrier.

38 (b) APPROVAL.—The Secretary of Transportation shall approve an agree39 ment, request, modification, or cancellation referred to in subsection (a) of

40 this section when the Secretary finds it is not adverse to the public interest
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1 and is not in violation of this part. However, the Secretary shall dis2 approve—

3 (1) or, after periodic review, end approval of, an agreement, request,

4 modification, or cancellation, that substantially reduces or eliminates

5 competition unless the Secretary finds that—

6 (A) the agreement, request, modification, or cancellation is nec7 essary to meet a serious transportation need or to achieve impor8 tant public benefits (including international comity and foreign

9 policy considerations); and

10 (B) the transportation need cannot be met or those benefits

11 cannot be achieved by reasonably available alternatives that are

12 materially less anticompetitive; or

13 (2) an agreement that—

14 (A) is between an air carrier not directly operating aircraft in

15 foreign air transportation and a common carrier subject to subtitle

16 IV of this title; and

17 (B) governs the compensation the common carrier may receive

18 for the transportation.

19 (c) NOTICE AND OPPORTUNITY TO RESPOND OR FOR HEARING.—(1)

20 When an agreement, request, modification, or cancellation is filed, the Sec21 retary of Transportation shall give the Attorney General and the Secretary

22 of State written notice of, and an opportunity to submit written comments

23 about, the filing. On the initiative of the Secretary of Transportation or on

24 request of the Attorney General or Secretary of State, the Secretary of

25 Transportation may conduct a hearing to decide whether an agreement, re26 quest, modification, or cancellation is consistent with this part whether or

27 not it was approved previously.

28 (2) In a proceeding before the Secretary of Transportation applying

29 standards under subsection (b)(1) of this section, a party opposing an

30 agreement, request, modification, or cancellation has the burden of proving

31 that it substantially reduces or eliminates competition and that less anti32 competitive alternatives are available. The party defending the agreement,

33 request, modification, or cancellation has the burden of proving the trans34 portation need or public benefits.

35 (3) The Secretary of Transportation shall include the findings required

36 by subsection (b)(1) of this section in an order of the Secretary approving

37 or disapproving an agreement, request, modification, or cancellation.

38 § 41310. Discriminatory practices

39 (a) PROHIBITION.—An air carrier or foreign air carrier may not subject

40 a person, place, port, or type of traffic in foreign air transportation to un41 reasonable discrimination.
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1 (b) REVIEW AND NEGOTIATION OF DISCRIMINATORY FOREIGN

2 CHARGES.—(1) The Secretary of Transportation shall survey charges im3 posed on an air carrier by the government of a foreign country or another

4 foreign entity for the use of airport property or airway property in foreign

5 air transportation. If the Secretary of Transportation decides that a charge

6 is discriminatory, the Secretary promptly shall report the decision to the

7 Secretary of State. The Secretaries of State and Transportation promptly

8 shall begin negotiations with the appropriate government to end the dis9 crimination. If the discrimination is not ended in a reasonable time through

10 negotiation, the Secretary of Transportation shall establish a compensating

11 charge equal to the discriminatory charge. With the approval of the Sec12 retary of State, the Secretary of the Treasury shall impose the compensat13 ing charge on a foreign air carrier of that country as a condition to accept14 ing the general declaration of the aircraft of the foreign air carrier when

15 it lands or takes off.

16 (2) The Secretary of the Treasury shall maintain an account to credit

17 money collected under paragraph (1) of this subsection. An air carrier shall

18 be paid from the account an amount certified by the Secretary of Transpor19 tation to compensate the air carrier for the discriminatory charge paid to

20 the government.

21 (c) ACTIONS AGAINST DISCRIMINATORY ACTIVITY.—(1) The Secretary of

22 Transportation may take actions the Secretary considers are in the public

23 interest to eliminate an activity of a government of a foreign country or an24 other foreign entity, including a foreign air carrier, when the Secretary, on

25 the initiative of the Secretary or on complaint, decides that the activity—

26 (A) is an unjustifiable or unreasonable discriminatory, predatory, or

27 anticompetitive practice against an air carrier; or

28 (B) imposes an unjustifiable or unreasonable restriction on access of

29 an air carrier to a foreign market.

30 (2) The Secretary of Transportation may deny, amend, modify, suspend,

31 revoke, or transfer under paragraph (1) of this subsection a foreign air car32 rier permit or tariff under section 41302, 41303, 41304(a), 41504(c),

33 41507, or 41509 of this title.

34 (d) FILING OF, AND ACTING ON, COMPLAINTS.—(1) An air carrier or a

35 department, agency, or instrumentality of the United States Government

36 may file a complaint under subsection (c) of this section with the Secretary

37 of Transportation. The Secretary shall approve, deny, or dismiss the com38 plaint, set the complaint for a hearing or investigation, or begin another

39 proceeding proposing remedial action not later than 60 days after receiving

40 the complaint. The Secretary may extend the period for acting for addi41 tional periods totaling not more than 30 days if the Secretary decides that
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1 with additional time it is likely that a complaint can be resolved satisfac2 torily through negotiations with the government of the foreign country or

3 foreign entity. The Secretary must act not later than 90 days after receiving

4 the complaint. However, the Secretary may extend this 90-day period for

5 not more than an additional 90 days if, on the last day of the initial 90-

6 day period, the Secretary finds that—

7 (A) negotiations with the government have progressed to a point that

8 a satisfactory resolution of the complaint appears imminent;

9 (B) an air carrier has not been subjected to economic injury by the

10 government or entity as a result of filing the complaint; and

11 (C) the public interest requires additional time before the Secretary

12 acts on the complaint.

13 (2) In carrying out paragraph (1) of this subsection and subsection (c)

14 of this section, the Secretary of Transportation shall—

15 (A) solicit the views of the Secretaries of Commerce and State and

16 the United States Trade Representative;

17 (B) give an affected air carrier or foreign air carrier reasonable no18 tice and an opportunity to submit written evidence and arguments

19 within the time limits of this subsection; and

20 (C) submit to the President under section 41307 or 41509(f) of this

21 title actions proposed by the Secretary of Transportation.

22 (e) REVIEW.—(1) The Secretaries of State, the Treasury, and Transpor23 tation and the heads of other departments, agencies, and instrumentalities

24 of the Government shall keep under review, to the extent of each of their

25 jurisdictions, each form of discrimination or unfair competitive practice to

26 which an air carrier is subject when providing foreign air transportation.

27 Each Secretary and head shall—

28 (A) take appropriate action to eliminate any discrimination or unfair

29 competitive practice found to exist; and

30 (B) request Congress to enact legislation when the authority to elimi31 nate the discrimination or unfair practice is inadequate.

32 (2) The Secretary of Transportation shall report to Congress annually on

33 each action taken under paragraph (1) of this subsection and on the con34 tinuing program to eliminate discrimination and unfair competitive prac35 tices. The Secretaries of State and the Treasury each shall give the Sec36 retary of Transportation information necessary to prepare the report.

37 (f) REPORTS.—Not later than 30 days after acting on a complaint under

38 this section, the Secretary of Transportation shall report to the Committee

39 on Public Works and Transportation of the House of Representatives and

40 the Committee on Commerce, Science, and Transportation of the Senate on

41 action taken under this section on the complaint.
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1 CHAPTER 415—RATES

Sec.

41501. Establishing reasonable rates, classifications, rules, practices, and divisions of joint

rates for foreign air transportation.

41502. Establishing joint rates for through routes with other common carriers.

41503. Establishing joint rates for through routes provided by State authorized carriers.

41504. Tariffs for foreign air transportation.

41505. Uniform methods for establishing joint rates, and divisions of joint rates, applicable

to commuter air carriers.

41506. Rate division filing requirements for foreign air transportation.

41507. Authority of the Secretary of Transportation to change rates, classifications, rules,

and practices for foreign air transportation.

41508. Authority of the Secretary of Transportation to adjust divisions of joint rates for foreign air transportation.

41509. Authority of the Secretary of Transportation to suspend, cancel, and reject tariffs for

foreign air transportation.

41510. Required adherence to foreign air transportation tariffs.

41511. Special fares for foreign air transportation.

2 § 41501. Establishing reasonable rates, classifications, rules,

3 practices, and divisions of joint rates for foreign

4 air transportation

5 Every air carrier and foreign air carrier shall establish, comply with, and

6 enforce—

7 (1) reasonable rates, classifications, rules, and practices related to

8 foreign air transportation; and

9 (2) for joint rates established for foreign air transportation, reason10 able divisions of those rates among the participating air carriers or for11 eign air carriers without unreasonably discriminating against any of

12 those carriers.

13 § 41502. Establishing joint rates for through routes with

14 other common carriers

15 (a) JOINT RATES.—An air carrier may establish reasonable joint rates

16 with another common carrier for through service provided under section

17 41101(b) of this title. However, an air carrier not directly operating aircraft

18 in air transportation (except an air express company) may not establish

19 under this section a joint rate for the transportation of property with a com20 mon carrier subject to subtitle IV of this title.

21 (b) RATES, CLASSIFICATIONS, RULES, AND PRACTICES AND DIVISIONS

22 OF JOINT RATES.—For through service by an air carrier and a common

23 carrier subject to subtitle IV of this title, the participating carriers shall es24 tablish—

25 (1) reasonable rates and reasonable classifications, rules, and prac26 tices affecting those rates or the value of the transportation provided

27 under those rates; and

28 (2) for joint rates established for the through service, reasonable di29 visions of those joint rates among the participating carriers.
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1 (c) STATEMENTS INCLUDED IN TARIFFS.—An air carrier and a common

2 carrier subject to subtitle IV of this title that are participating in through

3 service and joint rates shall include in their tariffs, filed with the Secretary

4 of Transportation, a statement showing the through service and joint rates.

5 § 41503. Establishing joint rates for through routes provided

6 by State authorized carriers

7 Subject to sections 41309 and 42111 of this title, a citizen of the United

8 States providing transportation under section 41101(b) of this title may

9 make an agreement with an air carrier or foreign air carrier for joint rates

10 for that transportation. The joint rates agreed to must be the lowest of—

11 (1) the sum of the applicable rates for—

12 (A) the part of the transportation provided in the State and ap13 proved by the appropriate State authority; and

14 (B) the part of the transportation provided by the air carrier

15 or foreign air carrier;

16 (2) a joint rate established and filed under section 41504 of this

17 title; or

18 (3) a joint rate prescribed by the Secretary of Transportation under

19 section 41507 of this title.

20 § 41504. Tariffs for foreign air transportation

21 (a) FILING AND CONTENTS.—In the way prescribed by regulation by the

22 Secretary of Transportation, every air carrier and foreign air carrier shall

23 file with the Secretary, publish, and keep open to public inspection, tariffs

24 showing the rates for the foreign air transportation provided between places

25 served by the carrier and provided between places served by the carrier and

26 places served by another air carrier or foreign air carrier with which

27 through service and joint rates have been established. A tariff—

28 (1) shall contain—

29 (A) to the extent the Secretary requires by regulation, a descrip30 tion of the classifications, rules, and practices related to the for31 eign air transportation;

32 (B) a statement of the rates in money of the United States; and

33 (C) other information the Secretary requires by regulation; and

34 (2) may contain—

35 (A) a statement of the rates in money that is not money of the

36 United States; and

37 (B) information that is required under the laws of a foreign

38 country in or to which the air carrier or foreign air carrier is au39 thorized to operate.

40 (b) CHANGES.—(1) Except as provided in paragraph (2) of this sub41 section, an air carrier or foreign air carrier may change a rate or a classi-
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1 fication, rule, or practice affecting that rate or the value of the transpor2 tation provided under that rate, specified in a tariff of the carrier for for3 eign air transportation only after 30 days after the carrier has filed, pub4 lished, and posted notice of the proposed change in the same way as re5 quired for a tariff under subsection (a) of this section. However, the Sec6 retary may prescribe an alternative notice requirement, of at least 25 days,

7 to allow an air carrier or foreign air carrier to match a proposed change

8 in a passenger rate or a charge of another air carrier or foreign air carrier.

9 A notice under this paragraph must state plainly the change proposed and

10 when the change will take effect.

11 (2) If the effect of a proposed change would be to begin a passenger rate

12 that is outside of, or not covered by, the range of passenger rates specified

13 under section 41509(e) (2) and (3) of this title, the proposed change may

14 be put into effect only on the expiration of 60 days after the notice is filed

15 under regulations prescribed by the Secretary.

16 (c) REJECTION OF CHANGES.—The Secretary may reject a tariff or tariff

17 change that is not consistent with this section and regulations prescribed

18 by the Secretary. A tariff or change that is rejected is void.

19 § 41505. Uniform methods for establishing joint rates, and

20 divisions of joint rates, applicable to commuter air

21 carriers

22 (a) DEFINITION.—In this section, ‘‘commuter air carrier’’ means an air

23 carrier providing transportation under section 40109(f) of this title that

24 provides at least 5 scheduled roundtrips a week between the same 2 places.

25 (b) GENERAL.—Except as provided in subsection (c) of this section, when

26 the Secretary of Transportation prescribes under section 41508 or 41509

27 of this title a uniform method generally applicable to establishing joint rates

28 and divisions of joint rates for and between air carriers holding certificates

29 issued under section 41102 of this title, the Secretary shall make that uni30 form method apply to establishing joint rates and divisions of joint rates

31 for and between air carriers and commuter air carriers.

32 (c) NOTICE REQUIRED BEFORE MODIFYING, SUSPENDING, OR ENDING

33 TRANSPORTATION.—A commuter air carrier that has an agreement with an

34 air carrier to provide transportation for passengers and property that in35 cludes through service by the commuter air carrier over the commuter air

36 carrier’s routes and air transportation provided by the air carrier shall give

37 the air carrier and the Secretary at least 90 days’ notice before modifying,

38 suspending, or ending the transportation. If the commuter air carrier does

39 not give that notice, the uniform method of establishing joint rates and divi40 sions of joint rates referred to in subsection (b) of this section does not

41 apply to the commuter air carrier.
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1 § 41506. Rate division filing requirements for foreign air

2 transportation

3 Every air carrier and foreign air carrier shall keep currently on file with

4 the Secretary of Transportation, if the Secretary requires, the established

5 divisions of all joint rates for foreign air transportation in which the carrier

6 participates.

7 § 41507. Authority of the Secretary of Transportation to

8 change rates, classifications, rules, and practices

9 for foreign air transportation

10 (a) GENERAL.—When the Secretary of Transportation decides that a rate

11 charged or received by an air carrier or foreign air carrier for foreign air

12 transportation, or a classification, rule, or practice affecting that rate or the

13 value of the transportation provided under that rate, is or will be unreason14 ably discriminatory, the Secretary may—

15 (1) change the rate, classification, rule, or practice as necessary to

16 correct the discrimination; and

17 (2) order the air carrier or foreign air carrier to stop charging or

18 collecting the discriminatory rate or carrying out the discriminatory

19 classification, rule, or practice.

20 (b) WHEN SECRETARY MAY ACT.—The Secretary may act under this sec21 tion on the Secretary’s own initiative or on a complaint filed with the Sec22 retary and only after notice and an opportunity for a hearing.

23 § 41508. Authority of the Secretary of Transportation to ad24 just divisions of joint rates for foreign air trans25 portation

26 (a) GENERAL.—When the Secretary of Transportation decides that a di27 vision between air carriers, foreign air carriers, or both, of a joint rate for

28 foreign air transportation is or will be unreasonable or unreasonably dis29 criminatory against any of those carriers, the Secretary shall prescribe a

30 reasonable division of the joint rate among those carriers. The Secretary

31 may order the adjustment in the division of the joint rate to be made retro32 actively to the date the complaint was filed, the date the order for an inves33 tigation was made, or a later date the Secretary decides is reasonable.

34 (b) WHEN SECRETARY MAY ACT.—The Secretary may act under this sec35 tion on the Secretary’s own initiative or on a complaint filed with the Sec36 retary and only after notice and an opportunity for a hearing.

37 § 41509. Authority of the Secretary of Transportation to

38 suspend, cancel, and reject tariffs for foreign air

39 transportation

40 (a) CANCELLATION AND REJECTION.—(1) On the initiative of the Sec41 retary of Transportation or on a complaint filed with the Secretary, the Sec-
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1 retary may conduct a hearing to decide whether a rate for foreign air trans2 portation contained in an existing or newly filed tariff of an air carrier or

3 foreign air carrier, a classification, rule, or practice affecting that rate, or

4 the value of the transportation provided under that rate, is lawful. The Sec5 retary may begin the hearing at once and without an answer or another for6 mal pleading by the air carrier or foreign air carrier, but only after reason7 able notice. If, after the hearing, the Secretary decides that the rate, classi8 fication, rule, or practice is or will be unreasonable or unreasonably dis9 criminatory, the Secretary may cancel or reject the tariff and prevent the

10 use of the rate, classification, rule, or practice.

11 (2) With or without a hearing, the Secretary may cancel or reject an ex12 isting or newly filed tariff of a foreign air carrier and prevent the use of

13 a rate, classification, rule, or practice when the Secretary decides that the

14 cancellation or rejection is in the public interest.

15 (3) In deciding whether to cancel or reject a tariff of an air carrier or

16 foreign air carrier under this subsection, the Secretary shall consider—

17 (A) the effect of the rate on the movement of traffic;

18 (B) the need in the public interest of adequate and efficient trans19 portation by air carriers and foreign air carriers at the lowest cost con20 sistent with providing the transportation;

21 (C) the standards prescribed under law related to the character and

22 quality of transportation to be provided by air carriers and foreign air

23 carriers;

24 (D) the inherent advantages of transportation by aircraft;

25 (E) the need of the air carrier and foreign air carrier for revenue

26 sufficient to enable the air carrier and foreign air carrier, under honest,

27 economical, and efficient management, to provide adequate and effi28 cient air carrier and foreign air carrier transportation;

29 (F) whether the rate will be predatory or tend to monopolize com30 petition among air carriers and foreign air carriers in foreign air trans31 portation;

32 (G) reasonably estimated or foreseeable future costs and revenues for

33 the air carrier or foreign air carrier for a reasonably limited future pe34 riod during which the rate would be in effect; and

35 (H) other factors.

36 (b) SUSPENSION.—(1)(A) Pending a decision under subsection (a)(1) of

37 this section, the Secretary may suspend a tariff and the use of a rate con38 tained in the tariff or a classification, rule, or practice affecting that rate.

39 (B) The Secretary may suspend a tariff of a foreign air carrier and the

40 use of a rate, classification, rule, or practice when the suspension is in the

41 public interest.
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1 (2) A suspension becomes effective when the Secretary files with the tariff

2 and delivers to the air carrier or foreign air carrier affected by the suspen3 sion a written statement of the reasons for the suspension. To suspend a

4 tariff, reasonable notice of the suspension must be given to the affected

5 carrier.

6 (3) The suspension of a newly filed tariff may be for periods totaling not

7 more than 365 days after the date the tariff otherwise would go into effect.

8 The suspension of an existing tariff may be for periods totaling not more

9 than 365 days after the effective date of the suspension. The Secretary may

10 rescind at any time the suspension of a newly filed tariff and allow the rate,

11 classification, rule, or practice to go into effect.

12 (c) EFFECTIVE TARIFFS AND RATES WHEN TARIFF IS SUSPENDED,

13 CANCELED, OR REJECTED.—(1) If a tariff is suspended pending the out14 come of a proceeding under subsection (a) of this section and the Secretary

15 does not take final action in the proceeding during the suspension period,

16 the tariff goes into effect at the end of that period subject to cancellation

17 when the proceeding is concluded.

18 (2)(A) During the period of suspension, or after the cancellation or rejec19 tion, of a newly filed tariff (including a tariff that has gone into effect provi20 sionally), the affected air carrier or foreign air carrier shall maintain in ef21 fect and use—

22 (i) the corresponding seasonal rates, or the classifications, rules, and

23 practices affecting those rates or the value of transportation provided

24 under those rates, that were in effect for the carrier immediately before

25 the new tariff was filed; or

26 (ii) another rate provided for under an applicable intergovernmental

27 agreement or understanding.

28 (B) If the suspended, canceled, or rejected tariff is the first tariff of the

29 carrier for the covered transportation, the carrier, for the purpose of oper30 ations during the period of suspension or pending effectiveness of a new tar31 iff, may file another tariff containing a rate or another classification, rule,

32 or practice affecting the rate, or the value of the transportation provided

33 under the rate, that is in effect (and not subject to a suspension order) for

34 any air carrier providing the same transportation.

35 (3) If an existing tariff is suspended or canceled, the affected air carrier

36 or foreign air carrier, for the purpose of operations during the period of sus37 pension or pending effectiveness of a new tariff, may file another tariff con38 taining a rate or another classification, rule, or practice affecting the rate,

39 or the value of the transportation provided under the rate, that is in effect

40 (and not subject to a suspension order) for any air carrier providing the

41 same transportation.
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1 (d) RESPONSE TO REFUSAL OF FOREIGN COUNTRY TO ALLOW AIR CAR2 RIER TO CHARGE A RATE.—When the Secretary finds that the government

3 or an aeronautical authority of a foreign country has refused to allow an

4 air carrier to charge a rate contained in a tariff filed and published under

5 section 41504 of this title for foreign air transportation to the foreign coun6 try—

7 (1) the Secretary, without a hearing—

8 (A) may suspend any existing tariff of a foreign air carrier pro9 viding transportation between the United States and the foreign

10 country for periods totaling not more than 365 days after the date

11 of the suspension; and

12 (B) may order the foreign air carrier to charge, during the sus13 pension periods, rates that are the same as those contained in a

14 tariff (designated by the Secretary) of an air carrier filed and pub15 lished under section 41504 of this title for foreign air transpor16 tation to the foreign country; and

17 (2) a foreign air carrier may continue to provide foreign air trans18 portation to the foreign country only if the government or aeronautical

19 authority of the foreign country allows an air carrier to start or con20 tinue foreign air transportation to the foreign country at the rates des21 ignated by the Secretary.

22 (e) STANDARD FOREIGN FARE LEVEL.—(1)(A) In this subsection,

23 ‘‘standard foreign fare level’’ means—

24 (i) for a class of fares existing on October 1, 1979, the fare between

25 2 places (as adjusted under subparagraph (B) of this paragraph) filed

26 for and allowed by the Civil Aeronautics Board to go into effect after

27 September 30, 1979, and before August 13, 1980 (with seasonal fares

28 adjusted by the percentage difference that prevailed between seasons in

29 1978), or the fare established under section 1002(j)(8) of the Federal

30 Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by

31 section 24(a) of the International Air Transportation Competition Act

32 of 1979 (Public Law 96–192, 94 Stat. 46); or

33 (ii) for a class of fares established after October 1, 1979, the fare

34 between 2 places in effect on the effective date of the establishment of

35 the new class.

36 (B) At least once every 60 days for fuel costs, and at least once every

37 180 days for other costs, the Secretary shall adjust the standard foreign

38 fare level for the particular foreign air transportation to which the standard

39 foreign fare level applies by increasing or decreasing that level by the per40 centage change from the last previous period in the actual operating cost

41 for each available seat-mile. In adjusting a standard foreign fare level, the
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1 Secretary may not make an adjustment to costs actually incurred. In estab2 lishing a standard foreign fare level and making adjustments in the level

3 under this paragraph, the Secretary may use all relevant or appropriate in4 formation reasonably available to the Secretary.

5 (2) The Secretary may not decide that a proposed fare for foreign air

6 transportation is unreasonable on the basis that the fare is too low or too

7 high if the proposed fare is neither more than 5 percent higher nor 50 per8 cent lower than the standard foreign fare level for the same or essentially

9 similar class of transportation. The Secretary by regulation may increase

10 the 50 percent specified in this paragraph.

11 (3) Paragraph (2) of this subsection does not apply to a proposed fare

12 that is not more than—

13 (A) 5 percent higher than the standard foreign fare level when the

14 Secretary decides that the proposed fare may be unreasonably discrimi15 natory or that suspension of the fare is in the public interest because

16 of an unreasonable regulatory action by the government of a foreign

17 country that is related to a fare proposal of an air carrier; or

18 (B) 50 percent lower than the standard foreign fare level when the

19 Secretary decides that the proposed fare may be predatory or discrimi20 natory or that suspension of the fare is required because of an unrea21 sonable regulatory action by the government of a foreign country that

22 is related to a fare proposal of an air carrier.

23 (f) SUBMISSION OF ORDERS TO PRESIDENT.—The Secretary shall submit

24 to the President an order made under this section suspending, canceling,

25 or rejecting a rate for foreign air transportation, and an order rescinding

26 the effectiveness of such an order, before publishing the order. Not later

27 than 10 days after its submission, the President may disapprove the order

28 on finding disapproval is necessary for United States foreign policy or na29 tional defense reasons.

30 (g) COMPLIANCE AS CONDITION OF CERTIFICATE OR PERMIT.—This sec31 tion and compliance with an order of the Secretary under this section are

32 conditions to any certificate or permit held by an air carrier or foreign air

33 carrier. An air carrier or foreign air carrier may provide foreign air trans34 portation only as long as the carrier maintains rates for that transportation

35 that comply with this section and orders of the Secretary under this section.

36 § 41510. Required adherence to foreign air transportation

37 tariffs

38 (a) PROHIBITED ACTIONS BY AIR CARRIERS, FOREIGN AIR CARRIERS,

39 AND TICKET AGENTS.—An air carrier, foreign air carrier, or ticket agent

40 may not—
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1 (1) charge or receive compensation for foreign air transportation

2 that is different from the rate specified in the tariff of the carrier that

3 is in effect for that transportation;

4 (2) refund or remit any part of the rate specified in the tariff; or

5 (3) extend to any person a privilege or facility, related to a matter

6 required by the Secretary of Transportation to be specified in a tariff

7 for foreign air transportation, except as specified in the tariff.

8 (b) PROHIBITED ACTIONS BY ANY PERSON.—A person may not know9 ingly—

10 (1) pay compensation for foreign air transportation of property that

11 is different from the rate specified in the tariff in effect for that trans12 portation; or

13 (2) solicit, accept, or receive—

14 (A) a refund or remittance of any part of the rate specified in

15 the tariff; or

16 (B) a privilege or facility, related to a matter required by the

17 Secretary to be specified in a tariff for foreign air transportation

18 of property, except as specified in the tariff.

19 § 41511. Special fares for foreign air transportation

20 (a) FREE AND REDUCED FARES.—This chapter does not prohibit an air

21 carrier or foreign air carrier, under terms the Secretary of Transportation

22 prescribes, from issuing or interchanging tickets or passes for free or re23 duced-fare foreign air transportation to or for the following:

24 (1) A director, officer, or employee of the carrier (including a retired

25 director, officer, or employee who is receiving retirement benefits from

26 an air carrier or foreign air carrier).

27 (2) A parent or the immediate family of such an officer or employee

28 or the immediate family of such a director.

29 (3) A widow, widower, or minor child of an employee of the carrier

30 who died as a direct result of a personal injury sustained when per31 forming a duty in the service of the carrier.

32 (4) A witness or attorney attending a legal investigation in which the

33 air carrier is interested.

34 (5) An individual injured in an aircraft accident and a physician or

35 nurse attending the individual.

36 (6) A parent or the immediate family of an individual injured or

37 killed in an aircraft accident when the transportation is related to the

38 accident.

39 (7) An individual or property to provide relief in a general epidemic,

40 pestilence, or other emergency.
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1 (8) Other individuals under other circumstances the Secretary pre2 scribes by regulation.

3 (b) SPACE-AVAILABLE BASIS.—Under terms the Secretary prescribes, an

4 air carrier or foreign air carrier may grant reduced-fare foreign air trans5 portation on a space-available basis to the following:

6 (1) A minister of religion.

7 (2) An individual who is at least 60 years of age and no longer gain8 fully employed.

9 (3) An individual who is at least 65 years of age.

10 (4) An individual who has severely impaired vision or hearing or an11 other physical or mental handicap and an accompanying attendant

12 needed by that individual.

13 CHAPTER 417—OPERATIONS OF CARRIERS

SUBCHAPTER I—REQUIREMENTS

Sec.

41701. Classification of air carriers.

41702. Interstate air transportation.

41703. Navigation of foreign civil aircraft.

41704. Transporting property not to be transported in aircraft cabins.

41705. Discrimination against handicapped individuals.

41706. Prohibitions against smoking on scheduled flights.

41707. Incorporating contract terms into written instrument.

41708. Reports.

41709. Records of air carriers.

41710. Time requirements.

41711. Air carrier management inquiry and cooperation with other authorities.

41712. Unfair and deceptive practices and unfair methods of competition.

41713. Preemption of authority over rates, routes, and service.

SUBCHAPTER II—SMALL COMMUNITY AIR SERVICE

41731. Definitions.

41732. Basic essential air service.

41733. Level of basic essential air service.

41734. Ending, suspending, and reducing basic essential air service.

41735. Enhanced essential air service.

41736. Air transportation to noneligible places.

41737. Compensation guidelines, limitations, and claims.

41738. Fitness of air carriers.

41739. Air carrier obligations.

41740. Joint proposals.

41741. Insurance.

41742. Ending effective date.

14 SUBCHAPTER I—REQUIREMENTS

15 § 41701. Classification of air carriers

16 The Secretary of Transportation may establish—

17 (1) reasonable classifications for air carriers when required because

18 of the nature of the transportation provided by them; and

19 (2) reasonable requirements for each class when the Secretary de20 cides those requirements are necessary in the public interest.
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1 § 41702. Interstate air transportation

2 An air carrier shall provide safe and adequate interstate air transpor3 tation.

4 § 41703. Navigation of foreign civil aircraft

5 (a) PERMITTED NAVIGATION.—A foreign aircraft, not part of the armed

6 forces of a foreign country, may be navigated in the United States only—

7 (1) if the country of registry grants a similar privilege to aircraft

8 of the United States;

9 (2) by an airman holding a certificate or license issued or made valid

10 by the United States Government or the country of registry;

11 (3) if the Secretary of Transportation authorizes the navigation; and

12 (4) if the navigation is consistent with terms the Secretary may pre13 scribe.

14 (b) REQUIREMENTS FOR AUTHORIZING NAVIGATION.—The Secretary

15 may authorize navigation under this section only if the Secretary decides the

16 authorization is—

17 (1) in the public interest; and

18 (2) consistent with any agreement between the Government and the

19 government of a foreign country.

20 (c) PROVIDING AIR COMMERCE.—The Secretary may authorize an air21 craft permitted to navigate in the United States under this section to pro22 vide air commerce in the United States. However, the aircraft may take on

23 for compensation, at a place in the United States, passengers or cargo des24 tined for another place in the United States only if—

25 (1) specifically authorized under section 40109(g) of this title; or

26 (2) under regulations the Secretary prescribes authorizing air car27 riers to provide otherwise authorized air transportation with foreign

28 registered aircraft under lease or charter to them without crew.

29 (d) PERMIT REQUIREMENTS NOT AFFECTED.—This section does not af30 fect section 41301 or 41302 of this title. However, a foreign air carrier

31 holding a permit under section 41302 does not need to obtain additional au32 thorization under this section for an operation authorized by the permit.

33 § 41704. Transporting property not to be transported in air34 craft cabins

35 Under regulations or orders of the Secretary of Transportation, an air

36 carrier shall transport as baggage the property of a passenger traveling in

37 air transportation that may not be carried in an aircraft cabin because of

38 a law or regulation of the United States. The carrier is liable to pay an

39 amount not more than the amount declared to the carrier by that passenger

40 for actual loss of, or damage to, the property caused by the carrier. The

41 carrier may impose reasonable charges and conditions for its liability.
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1 § 41705. Discrimination against handicapped individuals

2 In providing air transportation, an air carrier may not discriminate

3 against an otherwise qualified individual on the following grounds:

4 (1) The individual has a physical or mental impairment that sub5 stantially limits one or more major life activities.

6 (2) The individual has a record of such an impairment.

7 (3) The individual is regarded as having such an impairment.

8 § 41706. Prohibitions against smoking on scheduled flights

9 (a) GENERAL.—An individual may not smoke in the passenger cabin or

10 lavatory of an aircraft on a scheduled airline flight segment in air transpor11 tation or intrastate air transportation that is—

12 (1) between places in a State of the United States, the District of

13 Columbia, Puerto Rico, or the Virgin Islands;

14 (2) between a place in any jurisdiction referred to in clause (1) of

15 this subsection (except Alaska and Hawaii) and a place in any other

16 of those jurisdictions; or

17 (3)(A) scheduled for not more than 6 hours’ duration; and

18 (B)(i) between a place referred to in clause (1) of this subsection

19 (except Alaska and Hawaii) and Alaska or Hawaii; or

20 (ii) between Alaska and Hawaii.

21 (b) REGULATIONS.—The Secretary of Transportation shall prescribe reg22 ulations necessary to carry out this section.

23 § 41707. Incorporating contract terms into written instru24 ment

25 To the extent the Secretary of Transportation prescribes by regulation,

26 an air carrier may incorporate by reference in a ticket or written instrument

27 any term of the contract for providing interstate air transportation.

28 § 41708. Reports

29 (a) APPLICATION.—To the extent the Secretary of Transportation finds

30 necessary to carry out this subpart, this section and section 41709 of this

31 title apply to a person controlling an air carrier or affiliated (within the

32 meaning of section 11343(c) of this title) with a carrier.

33 (b) REQUIREMENTS.—The Secretary may require an air carrier or foreign

34 air carrier—

35 (1)(A) to file annual, monthly, periodical, and special reports with

36 the Secretary in the form and way prescribed by the Secretary; and

37 (B) to file the reports under oath;

38 (2) to provide specific answers to questions on which the Secretary

39 considers information to be necessary; and
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1 (3) to file with the Secretary a copy of each agreement, arrangement,

2 contract, or understanding between the carrier and another carrier or

3 person related to transportation affected by this subpart.

4 § 41709. Records of air carriers

5 (a) REQUIREMENTS.—The Secretary of Transportation shall prescribe the

6 form of records to be kept by an air carrier, including records on the move7 ment of traffic, receipts and expenditures of money, and the time period

8 during which the records shall be kept. A carrier may keep only records pre9 scribed or approved by the Secretary. However, a carrier may keep addi10 tional records if the additional records do not impair the integrity of the

11 records prescribed or approved by the Secretary and are not an unreason12 able financial burden on the carrier.

13 (b) INSPECTION.—(1) The Secretary at any time may—

14 (A) inspect the land, buildings, and equipment of an air carrier or

15 foreign air carrier when necessary to decide under subchapter II of this

16 chapter or section 41102, 41103, or 41302 of this title whether a car17 rier is fit, willing, and able; and

18 (B) inspect records kept or required to be kept by an air carrier, for19 eign air carrier, or ticket agent.

20 (2) The Secretary may employ special agents or auditors to carry out this

21 subsection.

22 § 41710. Time requirements

23 When a matter requiring action of the Secretary of Transportation is sub24 mitted under section 40109(a) or (c)–(h), 41309, or 42111 of this title and

25 an evidentiary hearing—

26 (1) is ordered, the Secretary shall make a final decision on the mat27 ter not later than the last day of the 12th month that begins after the

28 date the matter is submitted; or

29 (2) is not ordered, the Secretary shall make a final decision on the

30 matter not later than the last day of the 6th month that begins after

31 the date the matter is submitted.

32 § 41711. Air carrier management inquiry and cooperation

33 with other authorities

34 In carrying out this subpart, the Secretary of Transportation may—

35 (1) inquire into the management of the business of an air carrier

36 and obtain from the air carrier, and a person controlling, controlled by,

37 or under common control with the carrier, information the Secretary

38 decides reasonably is necessary to carry out the inquiry;

39 (2) confer and hold a joint hearing with a State authority; and
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1 (3) exchange information related to aeronautics with a government

2 of a foreign country through appropriate departments, agencies, and

3 instrumentalities of the United States Government.

4 § 41712. Unfair and deceptive practices and unfair methods

5 of competition

6 On the initiative of the Secretary of Transportation or the complaint of

7 an air carrier, foreign air carrier, or ticket agent, and if the Secretary con8 siders it is in the public interest, the Secretary may investigate and decide

9 whether an air carrier, foreign air carrier, or ticket agent has been or is

10 engaged in an unfair or deceptive practice or an unfair method of competi11 tion in air transportation or the sale of air transportation. If the Secretary,

12 after notice and an opportunity for a hearing, finds that an air carrier, for13 eign air carrier, or ticket agent is engaged in an unfair or deceptive practice

14 or unfair method of competition, the Secretary shall order the air carrier,

15 foreign air carrier, or ticket agent to stop the practice or method.

16 § 41713. Preemption of authority over rates, routes, and

17 service

18 (a) DEFINITION.—In this section, ‘‘State’’ means a State, the District of

19 Columbia, and a territory or possession of the United States.

20 (b) PREEMPTION.—(1) Except as provided in this subsection, a State, po21 litical subdivision of a State, or political authority of at least 2 States may

22 not enact or enforce a law, regulation, or other provision having the force

23 and effect of law related to a rate, route, or service of an air carrier that

24 may provide air transportation under this subpart.

25 (2) Paragraph (1) of this subsection does not apply to air transportation

26 provided entirely in Alaska unless the transportation is air transportation

27 (except charter air transportation) provided under a certificate issued under

28 section 41102 of this title.

29 (3) This subsection does not limit a State, political subdivision of a State,

30 or political authority of at least 2 States that owns or operates an airport

31 served by an air carrier holding a certificate issued by the Secretary of

32 Transportation from carrying out its proprietary powers and rights.

33 SUBCHAPTER II—SMALL COMMUNITY AIR SERVICE

34 § 41731. Definitions

35 (a) GENERAL.—In this subchapter—

36 (1) ‘‘eligible place’’ means a place in the United States that—

37 (A) was an eligible point under section 419 of the Federal Avia38 tion Act of 1958 before October 1, 1988;

39 (B) received scheduled air transportation at any time after Jan40 uary 1, 1990; and
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1 (C) is not listed in Department of Transportation Orders 89–

2 9–37 and 89–12–52 as a place ineligible for compensation under

3 this subchapter.

4 (2) ‘‘enhanced essential air service’’ means scheduled air transpor5 tation to an eligible place of a higher level or quality than basic essen6 tial air service described in section 41732 of this title;

7 (3) ‘‘hub airport’’ means an airport that each year has at least .25

8 percent of the total annual boardings in the United States;

9 (4) ‘‘nonhub airport’’ means an airport that each year has less than

10 .05 percent of the total annual boardings in the United States; and

11 (5) ‘‘small hub airport’’ means an airport that each year has at least

12 .05 percent, but less than .25 percent, of the total annual boardings

13 in the United States.

14 (b) LIMITATION ON AUTHORITY TO DECIDE A PLACE NOT AN ELIGIBLE

15 PLACE.—The Secretary of Transportation may not decide that a place de16 scribed in subsection (a)(1) of this section is not an eligible place on the

17 basis of a passenger subsidy at that place or on another basis that is not

18 specifically stated in this subchapter.

19 § 41732. Basic essential air service

20 (a) GENERAL.—Basic essential air service provided under section 41733

21 of this title is scheduled air transportation of passengers and cargo—

22 (1) to a hub airport that has convenient connecting or single-plane

23 air service to a substantial number of destinations beyond that airport;

24 or

25 (2) to a small hub or nonhub airport, when in Alaska or when the

26 nearest hub airport is more than 400 miles from an eligible place.

27 (b) MINIMUM REQUIREMENTS.—Basic essential air service shall include

28 at least the following:

29 (1)(A) for a place not in Alaska, 2 daily round trips 6 days a week,

30 with not more than one intermediate stop on each flight; or

31 (B) for a place in Alaska, a level of service at least equal to that

32 provided in 1976 or 2 round trips a week, whichever is greater, except

33 that the Secretary of Transportation and the appropriate State author34 ity of Alaska may agree to a different level of service after consulting

35 with the affected community.

36 (2) flights at reasonable times considering the needs of passengers

37 with connecting flights at the airport and at rates that are not exces38 sive compared to the generally prevailing rates of other air carriers for

39 like service between similar places.

40 (3) for a place not in Alaska, service provided in an aircraft with

41 an effective capacity of at least 15 passengers if the average daily
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1 boardings at the place in any calendar year from 1976-1986 were more

2 than 11 passengers unless—

3 (A) that level-of-service requirement would require paying com4 pensation in a fiscal year under section 41733(d) or 41734(d) or

5 (e) of this title for the place when compensation otherwise would

6 not have been paid for that place in that year; or

7 (B) the affected community agrees with the Secretary in writing

8 to the use of smaller aircraft to provide service to the place.

9 (4) service accommodating the estimated passenger and property

10 traffic at an average load factor, for each class of traffic considering

11 seasonal demands for the service, of not more than—

12 (A) 50 percent; or

13 (B) 60 percent when service is provided by aircraft with more

14 than 14 passenger seats.

15 (5) service provided in aircraft with at least 2 engines and using 2

16 pilots, unless scheduled air transportation has not been provided to the

17 place in aircraft with at least 2 engines and using 2 pilots for at least

18 60 consecutive operating days at any time since October 31, 1978.

19 (6) service provided by pressurized aircraft when the service is pro20 vided by aircraft that regularly fly above 8,000 feet in altitude.

21 § 41733. Level of basic essential air service

22 (a) DECISIONS MADE BEFORE OCTOBER 1, 1988.—For each eligible

23 place for which a decision was made before October 1, 1988, under section

24 419 of the Federal Aviation Act of 1958, establishing the level of essential

25 air transportation, the level of basic essential air service for that place shall

26 be the level established by the Secretary of Transportation for that place

27 by not later than December 29, 1988.

28 (b) DECISIONS NOT MADE BEFORE OCTOBER 1, 1988.—(1) The Sec29 retary shall decide on the level of basic essential air service for each eligible

30 place for which a decision was not made before October 1, 1988, establish31 ing the level of essential air transportation, when the Secretary receives no32 tice that service to that place will be provided by only one air carrier. The

33 Secretary shall make the decision by the last day of the 6-month period be34 ginning on the date the Secretary receives the notice. The Secretary may

35 impose notice requirements necessary to carry out this subsection. Before

36 making a decision, the Secretary shall consider the views of any interested

37 community and the appropriate State authority of the State in which the

38 community is located.

39 (2) Until the Secretary has made a decision on a level of basic essential

40 air service for an eligible place under this subsection, the Secretary, on peti41 tion by an appropriate representative of the place, shall prohibit an air car-
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1 rier from ending, suspending, or reducing air transportation to that place

2 that appears to deprive the place of basic essential air service.

3 (c) AVAILABILITY OF COMPENSATION.—(1) If the Secretary decides that

4 basic essential air service will not be provided to an eligible place without

5 compensation, the Secretary shall provide notice that an air carrier may

6 apply to provide basic essential air service to the place for compensation

7 under this section. In selecting an applicant, the Secretary shall consider,

8 among other factors—

9 (A) the demonstrated reliability of the applicant in providing sched10 uled air service;

11 (B) the contractual and marketing arrangements the applicant has

12 made with a larger carrier to ensure service beyond the hub airport;

13 (C) the interline arrangements that the applicant has made with a

14 larger carrier to allow passengers and cargo of the applicant at the hub

15 airport to be transported by the larger carrier through one reservation,

16 ticket, and baggage check-in;

17 (D) the preferences of the actual and potential users of air transpor18 tation at the eligible place, giving substantial weight to the views of the

19 elected officials representing the users; and

20 (E) for an eligible place in Alaska, the experience of the applicant

21 in providing, in Alaska, scheduled air service, or significant patterns of

22 non-scheduled air service under an exemption granted under section

23 40109(a) and (c)–(h) of this title.

24 (2) Under guidelines prescribed under section 41737(a) of this title, the

25 Secretary shall pay the rate of compensation for providing basic essential

26 air service under this section and section 41734 of this title.

27 (d) COMPENSATION PAYMENTS.—The Secretary shall pay compensation

28 under this section at times and in the way the Secretary decides is appro29 priate. The Secretary shall end payment of compensation to an air carrier

30 for providing basic essential air service to an eligible place when the Sec31 retary decides the compensation is no longer necessary to maintain basic es32 sential air service to the place.

33 (e) REVIEW.—The Secretary shall review periodically the level of basic es34 sential air service for each eligible place. Based on the review and consulta35 tions with an interested community and the appropriate State authority of

36 the State in which the community is located, the Secretary may make ap37 propriate adjustments in the level of service.

38 § 41734. Ending, suspending, and reducing basic essential

39 air service

40 (a) NOTICE REQUIRED.—An air carrier may end, suspend, or reduce air

41 transportation to an eligible place below the level of basic essential air serv-
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1 ice established for that place under section 41733 of this title only after giv2 ing the Secretary of Transportation, the appropriate State authority, and

3 the affected communities at least 90 days’ notice before ending, suspending,

4 or reducing that transportation.

5 (b) CONTINUATION OF SERVICE FOR 30 DAYS AFTER NOTICE PERIOD.—

6 If at the end of the notice period under subsection (a) of this section the

7 Secretary has not found another air carrier to provide basic essential air

8 service to the eligible place, the Secretary shall require the carrier providing

9 notice to continue to provide basic essential air service to the place for an

10 additional 30-day period or until another carrier begins to provide basic es11 sential air service to the place, whichever occurs first.

12 (c) CONTINUATION OF SERVICE FOR ADDITIONAL 30-DAY PERIODS.—If

13 at the end of the 30-day period under subsection (b) of this section the Sec14 retary decides another air carrier will not provide basic essential air service

15 to the place on a continuing basis, the Secretary shall require the carrier

16 providing service to continue to provide service for additional 30-day periods

17 until another carrier begins providing service on a continuing basis. At the

18 end of each 30-day period, the Secretary shall decide if another carrier will

19 provide service on a continuing basis.

20 (d) CONTINUATION OF COMPENSATION AFTER NOTICE PERIOD.—If an

21 air carrier receiving compensation under section 41733 of this title for pro22 viding basic essential air service to an eligible place is required to continue

23 to provide service to the place under this section after the 90-day notice pe24 riod under subsection (a) of this section, the Secretary shall continue to pay

25 that compensation after the last day of that period. The Secretary shall pay

26 the compensation until the Secretary finds another carrier to provide the

27 service to the place or the 90th day after the end of that notice period,

28 whichever is earlier. If, after the 90th day after the end of the 90-day notice

29 period, the Secretary has not found another carrier to provide the service,

30 the carrier required to continue to provide that service shall receive com31 pensation sufficient—

32 (1) to pay for the fully allocated actual cost to the carrier of per33 forming the basic essential air service that was being provided when

34 the 90-day notice was given under subsection (a) of this section plus

35 a reasonable return on investment that is at least 5 percent of operat36 ing costs; and

37 (2) to provide the carrier an additional return that recognizes the

38 demonstrated additional lost profits from opportunities foregone and

39 the likelihood that those lost profits increase as the period during which

40 the carrier is required to provide the service continues.
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1 (e) COMPENSATION TO AIR CARRIERS ORIGINALLY PROVIDING SERVICE

2 WITHOUT COMPENSATION.—If the Secretary requires an air carrier provid3 ing basic essential air service to an eligible place without compensation

4 under section 41733 of this title to continue providing that service after the

5 90-day notice period required by subsection (a) of this section, the Secretary

6 shall provide the carrier with compensation after the end of the 90-day no7 tice period that is sufficient—

8 (1) to pay for the fully allocated actual cost to the carrier of per9 forming the basic essential air service that was being provided when

10 the 90-day notice was given under subsection (a) of this section plus

11 a reasonable return on investment that is at least 5 percent of operat12 ing costs; and

13 (2) to provide the carrier an additional return that recognizes the

14 demonstrated additional lost profits from opportunities foregone and

15 the likelihood that those lost profits increase as the period during which

16 the carrier is required to provide the service continues.

17 (f) FINDING REPLACEMENT CARRIERS.—When the Secretary requires an

18 air carrier to continue to provide basic essential air service to an eligible

19 place, the Secretary shall continue to make every effort to find another car20 rier to provide at least that basic essential air service to the place on a con21 tinuing basis.

22 (g) TRANSFER OF AUTHORITY.—If an air carrier, providing basic essen23 tial air service under section 41733 of this title between an eligible place

24 and an airport at which the Administrator of the Federal Aviation Adminis25 tration limits the number of instrument flight rule takeoffs and landings of

26 aircraft, provides notice under subsection (a) of this section of an intention

27 to end, suspend, or reduce that service and another carrier is found to pro28 vide the service, the Secretary shall require the carrier providing notice to

29 transfer any operational authority the carrier has to land or take off at that

30 airport related to the service to the eligible place to the carrier that will pro31 vide the service, if—

32 (1) the carrier that will provide the service needs the authority; and

33 (2) the authority to be transferred is being used only to provide air

34 service to the eligible place.

35 § 41735. Enhanced essential air service

36 (a) PROPOSALS.—(1) A State or local government may submit a proposal

37 to the Secretary of Transportation for enhanced essential air service to an

38 eligible place for which basic essential air service is being provided under

39 section 41733 of this title. The proposal shall—

40 (A) specify the level and type of enhanced essential air service the

41 State or local government considers appropriate; and
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1 (B) include an agreement related to compensation required for the

2 proposed service.

3 (2) The agreement submitted under paragraph (1)(B) of this subsection

4 shall provide that—

5 (A) the State or local government or a person pay 50 percent of the

6 compensation required for the proposed service and the United States

7 Government pay the remaining 50 percent; or

8 (B)(i) the Government pay 100 percent of the compensation; and

9 (ii) if the proposed service is not successful for at least a 2-year pe10 riod under the criteria prescribed by the Secretary under paragraph (3)

11 of this subsection, the eligible place is not eligible for air service or air

12 transportation for which compensation is paid by the Secretary under

13 this subchapter.

14 (3) The Secretary shall prescribe by regulation objective criteria for decid15 ing whether enhanced essential air service to an eligible place under this sec16 tion is successful in terms of—

17 (A) increasing passenger usage of the airport facilities at the place;

18 and

19 (B) reducing the amount of compensation provided by the Secretary

20 under this subchapter for that service.

21 (b) DECISIONS.—Not later than 90 days after receiving a proposal under

22 subsection (a) of this section, the Secretary shall—

23 (1) approve the proposal if the Secretary decides the proposal is rea24 sonable; or

25 (2) if the Secretary decides the proposal is not reasonable, dis26 approve the proposal and notify the State or local government of the

27 disapproval and the reasons for the disapproval.

28 (c) COMPENSATION PAYMENTS.—(1) The Secretary shall pay compensa29 tion under this section when and in the way the Secretary decides is appro30 priate. Compensation for enhanced essential air service under this section

31 may be paid only for the costs incurred in providing air service to an eligible

32 place that are in addition to the costs incurred in providing basic essential

33 air service to the place under section 41733 of this title. The Secretary shall

34 continue to pay compensation under this section only as long as—

35 (A) the air carrier maintains the level of enhanced essential air serv36 ice;

37 (B) the State or local government or person agreeing to pay com38 pensation under this section continues to pay the compensation; and

39 (C) the Secretary decides the compensation is necessary to maintain

40 the service to the place.
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1 (2) The Secretary may require the State or local government or person

2 agreeing to pay compensation under this section to make advance payments

3 or provide other security to ensure that timely payments are made.

4 (d) REVIEW.—(1) The Secretary shall review periodically the enhanced

5 essential air service provided to each eligible place under this section.

6 (2) For service for which the Government pays 50 percent of the com7 pensation, based on the review and consultation with the affected commu8 nity and the State or local government or person paying the remaining 50

9 percent of the compensation, the Secretary shall make appropriate adjust10 ments in the type and level of service to the place.

11 (3) For service for which the Government pays 100 percent of the com12 pensation, based on the review and consultation with the State or local gov13 ernment submitting the proposal, the Secretary shall decide whether the

14 service has succeeded for at least a 2-year period under the criteria pre15 scribed under subsection (a)(3) of this section. If unsuccessful, the place is

16 not eligible for air service or air transportation for which compensation is

17 paid by the Secretary under this subchapter.

18 (e) ENDING, SUSPENDING, AND REDUCING AIR TRANSPORTATION.—An

19 air carrier may end, suspend, or reduce air transportation to an eligible

20 place below the level of enhanced essential air service established for that

21 place by the Secretary under this section only after giving the Secretary,

22 the affected community, and the State or local government or person paying

23 compensation for that service at least 30 days’ notice before ending, sus24 pending, or reducing the service. This subsection does not relieve the carrier

25 of an obligation under section 41734 of this title.

26 § 41736. Air transportation to noneligible places

27 (a) PROPOSALS AND DECISIONS.—(1) A State or local government may

28 propose to the Secretary of Transportation that the Secretary provide com29 pensation to an air carrier to provide air transportation to a place that is

30 not an eligible place under this subchapter. Not later than 90 days after

31 receiving a proposal under this section, the Secretary shall—

32 (A) decide whether to designate the place as eligible to receive com33 pensation under this section; and

34 (B)(i) approve the proposal if the State or local government or a per35 son is willing and able to pay 50 percent of the compensation for pro36 viding the transportation, and notify the State or local government of

37 the approval; or

38 (ii) disapprove the proposal if the Secretary decides the proposal is

39 not reasonable under paragraph (2) of this subsection, and notify the

40 State or local government of the disapproval and the reasons for the

41 disapproval.
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1 (2) In deciding whether a proposal is reasonable, the Secretary shall con2 sider, among other factors—

3 (A) the traffic-generating potential of the place;

4 (B) the cost to the United States Government of providing the pro5 posed transportation; and

6 (C) the distance of the place from the closest hub airport.

7 (b) APPROVAL FOR CERTAIN AIR TRANSPORTATION.—Notwithstanding

8 subsection (a)(1)(B) of this section, the Secretary shall approve a proposal

9 under this section to compensate an air carrier for providing air transpor10 tation to a place in the 48 contiguous States or the District of Columbia

11 and designate the place as eligible for compensation under this section if—

12 (1) at any time before October 23, 1978, the place was served by

13 a carrier holding a certificate under section 401 of the Federal Aviation

14 Act of 1958;

15 (2) the place is more than 50 miles from the nearest small hub air16 port or an eligible place;

17 (3) the place is more than 150 miles from the nearest hub airport;

18 and

19 (4) the State or local government submitting the proposal or a per20 son is willing and able to pay 25 percent of the cost of providing the

21 compensated transportation.

22 (c) LEVEL OF AIR TRANSPORTATION.—(1) If the Secretary designates a

23 place under subsection (a)(1) of this section as eligible for compensation

24 under this section, the Secretary shall decide, not later than 6 months after

25 the date of the designation, on the level of air transportation to be provided

26 under this section. Before making a decision, the Secretary shall consider

27 the views of any interested community, the appropriate State authority of

28 the State in which the place is located, and the State or local government

29 or person agreeing to pay compensation for the transportation under sub30 section (b)(4) of this section.

31 (2) After making the decision under paragraph (1) of this subsection, the

32 Secretary shall provide notice that any air carrier that is willing to provide

33 the level of air transportation established under paragraph (1) for a place

34 may submit an application to provide the transportation. In selecting an ap35 plicant, the Secretary shall consider, among other factors—

36 (A) the factors listed in section 41733(c)(1) of this title; and

37 (B) the views of the State or local government or person agreeing

38 to pay compensation for the transportation.

39 (d) COMPENSATION PAYMENTS.—(1) The Secretary shall pay compensa40 tion under this section when and in the way the Secretary decides is appro-
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1 priate. The Secretary shall continue to pay compensation under this section

2 only as long as—

3 (A) the air carrier maintains the level of air transportation estab4 lished by the Secretary under subsection (c)(1) of this section;

5 (B) the State or local government or person agreeing to pay com6 pensation for transportation under this section continues to pay that

7 compensation; and

8 (C) the Secretary decides the compensation is necessary to maintain

9 the transportation to the place.

10 (2) The Secretary may require the State or local government or person

11 agreeing to pay compensation under this section to make advance payments

12 or provide other security to ensure that timely payments are made.

13 (e) REVIEW.—The Secretary shall review periodically the level of air

14 transportation provided under this section. Based on the review and con15 sultation with any interested community, the appropriate State authority of

16 the State in which the community is located, and the State or local govern17 ment or person paying compensation under this section, the Secretary may

18 make appropriate adjustments in the level of transportation.

19 (f) WITHDRAWAL OF ELIGIBILITY DESIGNATIONS.—After providing no20 tice and an opportunity for interested persons to comment, the Secretary

21 may withdraw the designation of a place under subsection (a)(1) of this sec22 tion as eligible to receive compensation under this section if the place has

23 received air transportation under this section for at least 2 years and the

24 Secretary decides the withdrawal would be in the public interest. The Sec25 retary by regulation shall prescribe standards for deciding whether the with26 drawal of a designation under this subsection is in the public interest. The

27 standards shall include the factors listed in subsection (a)(2) of this section.

28 (g) ENDING, SUSPENDING, AND REDUCING AIR TRANSPORTATION.—An

29 air carrier providing air transportation for compensation under this section

30 may end, suspend, or reduce that transportation below the level of transpor31 tation established by the Secretary under this section only after giving the

32 Secretary, the affected community, and the State or local government or

33 person paying compensation under this section at least 30 days’ notice be34 fore ending, suspending, or reducing the transportation.

35 § 41737. Compensation guidelines, limitations, and claims

36 (a) COMPENSATION GUIDELINES.—(1) The Secretary of Transportation

37 shall prescribe guidelines governing the rate of compensation payable under

38 this subchapter. The guidelines shall be used to determine the reasonable

39 amount of compensation required to ensure the continuation of air service

40 or air transportation under this subchapter. The guidelines shall—
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1 (A) provide for a reduction in compensation when an air carrier does

2 not provide service or transportation agreed to be provided;

3 (B) consider amounts needed by an air carrier to promote public use

4 of the service or transportation for which compensation is being paid;

5 and

6 (C) include expense elements based on representative costs of air

7 carriers providing scheduled air transportation of passengers, property,

8 and mail on aircraft of the type the Secretary decides is appropriate

9 for providing the service or transportation for which compensation is

10 being provided.

11 (2) Promotional amounts described in paragraph (1)(B) of this subsection

12 shall be a special, segregated element of the compensation provided to a car13 rier under this subchapter.

14 (b) REQUIRED FINDING.—The Secretary may pay compensation to an air

15 carrier for providing air service or air transportation under this subchapter

16 only if the Secretary finds the carrier is able to provide the service or trans17 portation in a reliable way.

18 (c) CLAIMS.—Not later than 15 days after receiving a written claim from

19 an air carrier for compensation under this subchapter, the Secretary shall—

20 (1) pay or deny the United States Government’s share of a claim;

21 and

22 (2) if denying the claim, notify the carrier of the denial and the rea23 sons for the denial.

24 (d) AUTHORITY TO MAKE AGREEMENTS AND INCUR OBLIGATIONS.—(1)

25 The Secretary may make agreements and incur obligations from the Airport

26 and Airway Trust Fund established under section 9502 of the Internal Rev27 enue Code of 1986 (26 U.S.C. 9502) to pay compensation under this sub28 chapter. An agreement by the Secretary under this subsection is a contrac29 tual obligation of the Government to pay the Government’s share of the

30 compensation.

31 (2) Not more than $38,600,000 is available to the Secretary out of the

32 Fund for each of the fiscal years ending September 30, 1993–1998, to incur

33 obligations under this section. Amounts made available under this section

34 remain available until expended.

35 § 41738. Fitness of air carriers

36 Notwithstanding section 40109(a) and (c)–(h) of this title, an air carrier

37 may provide air service to an eligible place or air transportation to a place

38 designated under section 41736 of this title only when the Secretary of

39 Transportation decides that—

40 (1) the carrier is fit, willing, and able to perform the service or

41 transportation; and
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1 (2) aircraft used to provide the service or transportation, and oper2 ations related to the service or transportation, conform to the safety

3 standards prescribed by the Administrator of the Federal Aviation

4 Administration.

5 § 41739. Air carrier obligations

6 If at least 2 air carriers make an agreement to operate under or use a

7 single carrier designator code to provide air transportation, the carrier

8 whose code is being used shares responsibility with the other carriers for

9 the quality of transportation provided the public under the code by the other

10 carriers.

11 § 41740. Joint proposals

12 The Secretary of Transportation shall encourage the submission of joint

13 proposals by 2 or more air carriers for providing air service or air transpor14 tation under this subchapter through arrangements that maximize the serv15 ice or transportation to and from major destinations beyond the hub.

16 § 41741. Insurance

17 The Secretary of Transportation may pay an air carrier compensation

18 under this subchapter only when the carrier files with the Secretary an in19 surance policy or self-insurance plan approved by the Secretary. The policy

20 or plan must be sufficient to pay for bodily injury to, or death of, an indi21 vidual, or for loss of or damage to property of others, resulting from the

22 operation of aircraft, but not more than the amount of the policy or plan

23 limits.

24 § 41742. Ending effective date

25 This subchapter is not effective after September 30, 1998.

26 CHAPTER 419—TRANSPORTATION OF MAIL

Sec.

41901. General authority.

41902. Schedules for certain transportation of mail.

41903. Duty to provide certain transportation of mail.

41904. Noncitizens transporting mail to or in foreign countries.

41905. Regulating air carrier transportation of foreign mail.

41906. Emergency mail transportation.

41907. Rates for foreign transportation of mail.

41908. Rates for transporting mail of foreign countries.

41909. Duty to oppose unreasonable Universal Postal Union rates.

41910. Weighing mail.

41911. Evidence of providing mail service.

41912. Effect on foreign postal arrangements.

27 § 41901. General authority

28 (a) TITLE 39.—The United States Postal Service may provide for the

29 transportation of mail by aircraft in interstate air transportation under sec30 tion 5402(d) and (f) of title 39.

31 (b) AUTHORITY TO PRESCRIBE RATES.—Except as provided in section

32 5402 of title 39, on the initiative of the Secretary of Transportation or on
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1 petition by the Postal Service or an air carrier, the Secretary shall prescribe

2 and publish—

3 (1) after notice and an opportunity for a hearing on the record, rea4 sonable rates of compensation to be paid by the Postal Service for the

5 transportation of mail by aircraft in foreign air transportation or be6 tween places in Alaska, the facilities used in and useful for the trans7 portation of mail, and the services related to the transportation of mail

8 for each carrier holding a certificate that authorizes that transpor9 tation;

10 (2) the methods used, whether by aircraft-mile, pound-mile, weight,

11 space, or a combination of those or other methods, to determine the

12 rates of compensation for each air carrier or class of air carriers; and

13 (3) the effective date of the rates.

14 (c) OTHER TRANSPORTATION.—In prescribing rates under subsection (b)

15 of this section, the Secretary may include transportation other than by air16 craft that is incidental to transportation of mail by aircraft or necessary be17 cause of emergency conditions related to aircraft operations.

18 (d) AUTHORITY TO PRESCRIBE DIFFERENT RATES.—Considering condi19 tions peculiar to transportation by aircraft and to particular air carriers or

20 classes of air carriers, the Secretary may prescribe different rates under this

21 section for different air carriers or classes of air carriers and for different

22 classes of service. In prescribing a rate for a carrier under this section, the

23 Secretary shall consider, among other factors, the following:

24 (1) the condition that the carrier may hold and operate under a cer25 tificate authorizing the transportation of mail only by providing nec26 essary and adequate facilities and service for the transportation of

27 mail.

28 (2) standards related to the character and quality of service to be

29 provided that are prescribed by or under law.

30 (e) STATEMENTS ON RATES.—A petition for prescribing a reasonable rate

31 of compensation under this section must include a statement of the rate the

32 petitioner believes is reasonable.

33 (f) STATEMENTS ON REQUIRED SERVICES.—The Postal Service shall in34 troduce as part of the record in every proceeding under this section a com35 prehensive statement of the services to be required of the air carrier and

36 other information the Postal Service has that the Secretary considers mate37 rial to the proceeding.

38 (g) EXPIRATION DATE.—The authority of the Secretary under this part

39 and section 5402 of title 39 providing for the transportation of mail by air40 craft between places in Alaska expires on the date specified in section

41 5402(f) of title 39.
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1 § 41902. Schedules for certain transportation of mail

2 (a) REQUIREMENT.—Except as provided in section 41906 of this title and

3 section 5402 of title 39, an air carrier may transport mail by aircraft in

4 foreign air transportation or between places in Alaska only under a schedule

5 designated or required to be established under subsection (c) of this section

6 for the transportation of mail.

7 (b) STATEMENTS ON PLACES AND SCHEDULES.—Every air carrier shall

8 file with the Secretary of Transportation and the United States Postal Serv9 ice a statement showing—

10 (1) the places between which the carrier is authorized to provide for11 eign air transportation;

12 (2) the places between which the carrier is authorized to transport

13 mail in Alaska;

14 (3) every schedule of aircraft regularly operated by the carrier be15 tween places described in clauses (1) and (2) of this subsection and

16 every change in each schedule; and

17 (4) for each schedule, the places served by the carrier and the time

18 of arrival at, and departure from, each place.

19 (c) DESIGNATING AND ADDITIONAL SCHEDULES.—The Postal Service

20 may—

21 (1) designate any schedule of an air carrier filed under subsection

22 (b)(3) of this section for the transportation of mail between the places

23 between which the carrier is authorized by its certificate to transport

24 mail; and

25 (2) require the carrier to establish additional schedules for the trans26 portation of mail between those places.

27 (d) CHANGING SCHEDULES.—A schedule designated or required to be es28 tablished for the transportation of mail under subsection (c) of this section

29 may be changed only after 10 days’ notice of the change is filed as provided

30 in subsection (b)(3) of this section. The Postal Service may disapprove a

31 proposed change in a schedule or amend or modify the schedule or proposed

32 change.

33 (e) ORDERS.—An order of the Postal Service under this section may be34 come effective only after 10 days after the order is issued. A person ad35 versely affected by the order may appeal the order to the Secretary before

36 the end of the 10-day period under regulations the Secretary prescribes. If

37 the public convenience and necessity require, the Secretary may amend,

38 modify, suspend, or cancel the order. Pending a decision about the order,

39 the Secretary may postpone the effective date of the order.
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1 (f) PROCEEDINGS PREFERENCES.—The Secretary shall give preference to

2 a proceeding under this section over all other proceedings before the Sec3 retary under this subpart.

4 § 41903. Duty to provide certain transportation of mail

5 (a) AIR CARRIERS.—Subject to subsection (b) of this section, an air car6 rier authorized by its certificate to transport mail by aircraft in foreign air

7 transportation or between places in Alaska shall—

8 (1) provide facilities and services necessary and adequate to provide

9 that transportation; and

10 (2) transport mail between the places authorized in the certificate for

11 transportation of mail when required, and under regulations prescribed,

12 by the United States Postal Service.

13 (b) MAXIMUM MAIL LOAD.—The Secretary of Transportation may pre14 scribe the maximum mail load for a schedule or for an aircraft or type of

15 aircraft for the transportation of mail by aircraft in foreign air transpor16 tation or between places in Alaska. If the Postal Service tenders to an air

17 carrier mail exceeding the maximum load for transportation by the carrier

18 under a schedule designated or required to be established for the transpor19 tation of mail under section 41902(c) of this title, the carrier, as nearly in

20 accordance with the schedule as the Secretary decides is possible, shall—

21 (1) provide facilities sufficient to transport the mail to the extent the

22 Secretary decides the carrier reasonably is able to do so; and

23 (2) transport that mail.

24 § 41904. Noncitizens transporting mail to or in foreign coun25 tries

26 When the United States Postal Service decides that it may be necessary

27 to have a person not a citizen of the United States transport mail by air28 craft to or in a foreign country, the Postal Service may make an arrange29 ment with the person, without advertising, to provide the transportation.

30 § 41905. Regulating air carrier transportation of foreign

31 mail

32 An air carrier holding a certificate that authorizes foreign air transpor33 tation and transporting mail of a foreign country shall transport that mail

34 under the control of, and subject to regulation by, the United States Gov35 ernment.

36 § 41906. Emergency mail transportation

37 (a) CONTRACT AUTHORITY.—In an emergency caused by a flood, fire, or

38 other disaster, the United States Postal Service may make a contract with39 out advertising to transport mail by aircraft to or from a locality affected

40 by the emergency when the available facilities of persons authorized to

41 transport mail to or from the locality are inadequate to meet the require-
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1 ments of the Postal Service during the emergency. The contract may be only

2 for periods necessary to maintain mail service because of the inadequacy of

3 the facilities. Payment for transportation provided under the contract shall

4 be made at rates provided in the contract.

5 (b) TRANSPORTATION NOT AIR TRANSPORTATION.—Transportation pro6 vided under a contract made under subsection (a) of this section is not air

7 transportation within the meaning of this part.

8 § 41907. Rates for foreign transportation of mail

9 (a) LIMITATIONS.—When air transportation is provided between the Unit10 ed States and a foreign country both by aircraft owned or operated by an

11 air carrier holding a certificate under chapter 411 of this title and by air12 craft owned or operated by a foreign air carrier, the United States Postal

13 Service may not pay to or for the account of the foreign air carrier a rate

14 of compensation for transporting mail by aircraft between the United States

15 and the foreign country that the Postal Service believes will result (over a

16 reasonable period determined by the Postal Service considering exchange

17 fluctuations and other factors) in the foreign air carrier receiving a rate of

18 compensation for transporting the mail that is higher than the rate—

19 (1) the government of a foreign country or foreign postal administra20 tion pays to air carriers for transporting mail of the foreign country

21 by aircraft between the foreign country and the United States; or

22 (2) determined by the Postal Service to be comparable to the rate

23 the government of a foreign country or foreign postal administration

24 pays to air carriers for transporting mail of the foreign country by air25 craft between the foreign country and an intermediate country on the

26 route of the air carrier between the foreign country and the United

27 States.

28 (b) CHANGES.—The Secretary of Transportation shall act expeditiously

29 on proposed changes in rates for transporting mail by aircraft in foreign

30 air transportation. When prescribing those rates, the Secretary shall con31 sider—

32 (1) the rates paid for transportation of mail under the Universal

33 Postal Union Convention as ratified by the United States Government;

34 (2) the rate-making elements used by the Universal Postal Union in

35 prescribing its airmail rates; and

36 (3) the competitive disadvantage to United States flag air carriers

37 resulting from foreign air carriers receiving Universal Postal Union

38 rates for transporting United States mail and national origin mail of

39 their own countries.
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1 § 41908. Rates for transporting mail of foreign countries

2 (a) RATE DETERMINATIONS.—The United States Postal Service shall de3 termine the rates that an air carrier holding a certificate that authorizes

4 foreign air transportation must charge a government of a foreign country

5 or foreign postal administration for transporting mail of the foreign country.

6 The Postal Service shall put those rates into effect under the postal conven7 tion regulating postal relations between the United States and the foreign

8 country or as provided under this section.

9 (b) CHANGES.—The Postal Service may authorize an air carrier holding

10 a certificate that authorizes foreign air transportation, under limitations the

11 Postal Service prescribes, to change the rates the carrier charges a govern12 ment of a foreign country or foreign postal administration for transporting

13 mail of the foreign country in the foreign country or between the foreign

14 country and another foreign country.

15 (c) COLLECTING COMPENSATION.—(1) When an air carrier holding a cer16 tificate that authorizes foreign air transportation transports mail of a for17 eign country—

18 (A) under an arrangement with a government of a foreign country

19 or foreign postal administration made or approved under this section,

20 the carrier must collect its compensation for the transportation from

21 the foreign country under the arrangement; and

22 (B) without having an arrangement with a government of a foreign

23 country or foreign postal administration consistent with this section,

24 the compensation collected by the United States Government for the

25 transportation shall be for the account of the air carrier.

26 (2) An air carrier holding a certificate that authorizes foreign air trans27 portation is not entitled to receive compensation from both a government

28 of a foreign country or foreign postal administration and the United States

29 Government for transporting the same mail of the foreign country.

30 § 41909. Duty to oppose unreasonable Universal Postal

31 Union rates

32 The Secretary of State and the United States Postal Service shall—

33 (1) take appropriate action to ensure that the rates paid for trans34 porting mail under the Universal Postal Union Convention are not

35 higher than reasonable rates for transporting mail; and

36 (2) oppose any existing or proposed Universal Postal Union rate that

37 is higher than a reasonable rate for transporting mail.

38 § 41910. Weighing mail

39 The United States Postal Service may weigh mail transported by aircraft

40 and make statistical and administrative computations necessary in the inter41 est of mail service. When the Secretary of Transportation decides that addi-
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1 tional or more frequent weighings of mail are advisable or necessary to

2 carry out this part, the Postal Service shall provide the weighings, but it

3 is not required to provide them for continuous periods of more than 30

4 days.

5 § 41911. Evidence of providing mail service

6 When and in the form required by the United States Postal Service, an

7 air carrier transporting or handling—

8 (1) United States mail shall submit evidence, signed by an author9 ized official, that the transportation or handling has been provided; and

10 (2) mail of a foreign country shall submit evidence, signed by an au11 thorized official, of the amount of mail transported or handled and the

12 compensation payable and received for that transportation or handling.

13 § 41912. Effect on foreign postal arrangements

14 This part does not—

15 (1) affect an arrangement made by the United States Government

16 with the postal administration of a foreign country related to the trans17 portation of mail by aircraft; or

18 (2) impair the authority of the United States Postal Service to make

19 such an arrangement.

20 CHAPTER 421—LABOR-MANAGEMENT PROVISIONS

SUBCHAPTER I—EMPLOYEE PROTECTION PROGRAM

Sec.

42101. Definitions.

42102. Payments to eligible protected employees.

42103. Duty to hire protected employees.

42104. Congressional review of regulations.

42105. Airline Employees Protective Account.

42106. Ending effective date.

SUBCHAPTER II—MUTUAL AID AGREEMENTS AND LABOR REQUIREMENTS OF

AIR CARRIERS

42111. Mutual aid agreements.

42112. Labor requirements of air carriers.

21 SUBCHAPTER I—EMPLOYEE PROTECTION PROGRAM

22 § 42101. Definitions

23 (a) GENERAL.—In this subchapter—

24 (1) ‘‘eligible protected employee’’ means a protected employee who is

25 deprived of employment, or who is adversely affected related to com26 pensation, because of a qualifying dislocation.

27 (2) ‘‘major contraction’’ means a reduction (except as provided in

28 subsection (b) of this section) of at least 7.5 percent in the number

29 of full-time employees of an air carrier within a 12-month period, ex30 cept for employees deprived of employment because of a strike or whose

31 employment is ended for cause.
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1 (3) ‘‘protected employee’’ means an individual who on October 24,

2 1978, was employed for at least 4 years by an air carrier that held

3 a certificate under section 401 of the Federal Aviation Act of 1958,

4 but does not include a director or officer of a corporation.

5 (4) ‘‘qualifying dislocation’’ means a bankruptcy or major contrac6 tion of an air carrier holding a certificate under section 41102 of this

7 title when the Secretary of Transportation finds the bankruptcy or con8 traction occurred after December 31, 1978, and before January 1,

9 1989, the major cause of which was the change in regulatory structure

10 provided by the Airline Deregulation Act of 1978.

11 (b) MAJOR CONTRACTION.—The Secretary may find a reduction of less

12 than 7.5 percent of the number of full-time employees is part of a major

13 contraction if the Secretary decides another reduction is likely to occur with14 in the 12-month period in which the first reduction occurs that, when in15 cluded with the first reduction, will result in a total reduction of more than

16 7.5 percent.

17 § 42102. Payments to eligible protected employees

18 (a) AUTHORITY TO PAY AND APPLICATIONS FOR PAYMENTS.—Subject to

19 amounts provided in an appropriation law, the Secretary of Labor shall

20 make monthly assistance payments, moving expense payments, and reim21 bursement payments as provided under this section to an eligible protected

22 employee whose employment is not ended for cause. The employee must

23 apply to receive the payments and cooperate with the Secretary in finding

24 other employment.

25 (b) NUMBER AND AMOUNT OF PAYMENTS.—(1) Subject to amounts pro26 vided in an appropriation law, an eligible protected employee shall receive

27 72 monthly assistance payments. However, an eligible protected employee

28 deprived of employment may not receive a payment after obtaining other

29 employment. For each class or craft of protected employees, the Secretary

30 of Labor, after consulting with the Secretary of Transportation, shall pre31 scribe by regulation guidelines for computing the amount of each monthly

32 assistance payment to be made to a member of the class or craft and what

33 percentage of salary that payment represents.

34 (2) The amount of a monthly payment payable under paragraph (1) of

35 this subsection to an eligible protected employee shall be reduced—

36 (A) by unemployment compensation the employee receives; or

37 (B) if the employee does not accept reasonably comparable employ38 ment, to an amount the employee would be entitled to receive if the

39 employee had accepted the employment.

40 (3) If accepting comparable employment to avoid a reduction in the

41 monthly assistance payment under paragraph (2) of this subsection would
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1 force an eligible protected employee to relocate, the employee may decide not

2 to relocate. Instead of the payments provided under this section, the em3 ployee may receive the lesser of 3 payments or the maximum number of

4 payments that remain to be paid under paragraph (1) of this subsection.

5 (c) MOVING EXPENSES AND REIMBURSEMENTS.—(1) Subject to amounts

6 provided in an appropriation law, an eligible protected employee who relo7 cates shall receive—

8 (A) reasonable moving expense payments to move the employee and

9 the employee’s immediate family; and

10 (B) reimbursement payments for a loss incurred in selling the em11 ployee’s principal place of residence for less than fair market value or

12 in cancelling a lease on, or contract to buy, the residence.

13 (2) The Secretary of Labor shall decide on the amount of the moving ex14 penses and the fair market value of the residence.

15 § 42103. Duty to hire protected employees

16 (a) REHIRING PROTECTED EMPLOYEES.—A protected employee of an air

17 carrier regulated by the Secretary of Transportation who was furloughed or

18 whose employment was ended by the carrier (except for cause) before Octo19 ber 23, 1988, is entitled to be the first employed in the occupational spe20 cialty of the employee, regardless of the employee’s age, by any other air

21 carrier holding a certificate under section 41102 of this title before October

22 24, 1978. However, the air carrier may recall its furloughed employees be23 fore hiring a protected employee of another air carrier regulated by the Sec24 retary who was furloughed or whose employment was ended by the other

25 carrier (except for cause) before October 23, 1988. An employee hired by

26 an air carrier under this section retains seniority and recall rights with the

27 air carrier that furloughed or ended the employment of the employee.

28 (b) DUTIES OF SECRETARY OF LABOR.—The Secretary of Labor—

29 (1) shall establish and publish periodically a list of jobs available

30 with an air carrier holding a certificate under section 41102 of this

31 title that includes necessary information and detail;

32 (2) shall assist eligible protected employees to find other employ33 ment;

34 (3) shall encourage negotiations between air carriers and representa35 tives of employees on rehiring practices and seniority; and

36 (4) may require an air carrier to file with the Secretary information

37 necessary to carry out this section.

38 § 42104. Congressional review of regulations

39 (a) DEFINITION.—In this section, ‘‘legislative day’’ means a calendar day

40 on which both Houses of Congress are in session.
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1 (b) SUBMISSION TO CONGRESS.—The Secretary of Labor may not pre2 scribe a regulation under this subchapter until 30 legislative days after the

3 regulation is submitted to the Committee on Commerce, Science, and Trans4 portation of the Senate and the Committee on Public Works and Transpor5 tation of the House of Representatives.

6 (c) EFFECTIVENESS OF REGULATIONS.—A proposed regulation under

7 this subchapter shall be submitted to Congress and becomes effective only

8 if, during the period of 60 legislative days after the regulation is submitted

9 to Congress, either House does not pass a resolution disapproving the regu10 lation. However, if Congress adopts a resolution approving the regulation

11 during the 60-day period, the regulation is effective on that date.

12 § 42105. Airline Employees Protective Account

13 The Department of Labor has an Airline Employees Protective Account

14 consisting of amounts appropriated to it. An amount necessary to carry out

15 this subchapter, including administrative expenses, may be appropriated to

16 the Account annually.

17 § 42106. Ending effective date

18 This subchapter is not effective after the last day the Secretary of Labor

19 must make a payment under this subchapter.

20 SUBCHAPTER II—MUTUAL AID AGREEMENTS AND LABOR

21 REQUIREMENTS OF AIR CARRIERS

22 § 42111. Mutual aid agreements

23 An air carrier that will receive payments from another air carrier under

24 an agreement between the air carriers for the time the one air carrier is

25 not providing foreign air transportation, or is providing reduced levels of

26 foreign air transportation, because of a labor strike must file a true copy

27 of the agreement with the Secretary of Transportation and have it approved

28 by the Secretary under section 41309 of this title. Notwithstanding section

29 41309, the Secretary shall approve the agreement only if it provides that—

30 (1) the air carrier will receive payments of not more than 60 percent

31 of direct operating expenses, including interest expenses, but not depre32 ciation or amortization expenses;

33 (2) benefits may be paid for not more than 8 weeks, and may not

34 be for losses incurred during the first 30 days of a strike; and

35 (3) on request of the striking employees, the dispute will be submit36 ted to binding arbitration under the Railway Labor Act (45 U.S.C. 151

37 et seq.).

38 § 42112. Labor requirements of air carriers

39 (a) DEFINITIONS.—In this section—

40 (1) ‘‘copilot’’ means an employee whose duties include assisting or

41 relieving the pilot in manipulating an aircraft and who is qualified to
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1 serve as, and has in effect an airman certificate authorizing the em2 ployee to serve as, a copilot.

3 (2) ‘‘pilot’’ means an employee who is—

4 (A) responsible for manipulating or who manipulates the flight

5 controls of an aircraft when under way, including the landing and

6 takeoff of an aircraft; and

7 (B) qualified to serve as, and has in effect an airman certificate

8 authorizing the employee to serve as, a pilot.

9 (b) DUTIES OF AIR CARRIERS.—An air carrier shall—

10 (1) maintain rates of compensation, maximum hours, and other

11 working conditions and relations for its pilots and copilots who are pro12 viding interstate air transportation in the 48 contiguous States and the

13 District of Columbia to conform with decision number 83, May 10,

14 1934, National Labor Board, notwithstanding any limitation in that

15 decision on the period of its effectiveness;

16 (2) maintain rates of compensation for its pilots and copilots who are

17 providing foreign air transportation or air transportation only in one

18 territory or possession of the United States; and

19 (3) comply with title II of the Railway Labor Act (45 U.S.C. 181

20 et seq.) as long as it holds its certificate.

21 (c) MINIMUM ANNUAL RATE OF COMPENSATION.—A minimum annual

22 rate under subsection (b)(2) of this section may not be less than the annual

23 rate required to be paid for comparable service to a pilot or copilot under

24 subsection (b)(1) of this section.

25 (d) COLLECTIVE BARGAINING.—This section does not prevent pilots or

26 copilots of an air carrier from obtaining by collective bargaining higher rates

27 of compensation or more favorable working conditions or relations.

28 SUBPART III—SAFETY

29 CHAPTER 441—REGISTRATION AND RECORDATION OF

30 AIRCRAFT

Sec.

44101. Operation of aircraft.

44102. Registration requirements.

44103. Registration of aircraft.

44104. Registration of aircraft components and dealers’ certificates of registration.

44105. Suspension and revocation of aircraft certificates.

44106. Revocation of aircraft certificates for controlled substance violations.

44107. Recordation of conveyances, leases, and security instruments.

44108. Validity of conveyances, leases, and security instruments.

44109. Reporting transfer of ownership.

44110. Information about aircraft ownership and rights.

44111. Modifications in registration and recordation system for aircraft not providing air

transportation.

44112. Limitation of liability.
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1 § 44101. Operation of aircraft

2 (a) REGISTRATION REQUIREMENT.—Except as provided in subsection (b)

3 of this section, a person may operate an aircraft only when the aircraft is

4 registered under section 44103 of this title.

5 (b) EXCEPTIONS.—A person may operate an aircraft in the United States

6 that is not registered—

7 (1) when authorized under section 40103(d) or 41703 of this title;

8 (2) when it is an aircraft of the national defense forces of the United

9 States and is identified in a way satisfactory to the Administrator of

10 the Federal Aviation Administration; and

11 (3) for a reasonable period of time after a transfer of ownership,

12 under regulations prescribed by the Administrator.

13 § 44102. Registration requirements

14 (a) ELIGIBILITY.—An aircraft may be registered under section 44103 of

15 this title only when the aircraft is—

16 (1) not registered under the laws of a foreign country and is owned

17 by—

18 (A) a citizen of the United States;

19 (B) an individual citizen of a foreign country lawfully admitted

20 for permanent residence in the United States; or

21 (C) a corporation not a citizen of the United States when the

22 corporation is organized and doing business under the laws of the

23 United States or a State, and the aircraft is based and primarily

24 used in the United States; or

25 (2) an aircraft of—

26 (A) the United States Government; or

27 (B) a State, the District of Columbia, a territory or possession

28 of the United States, or a political subdivision of a State, territory,

29 or possession.

30 (b) DUTY TO DEFINE CERTAIN TERM.—In carrying out subsection

31 (a)(1)(C) of this section, the Secretary of Transportation shall define

32 ‘‘based and primarily used in the United States’’.

33 § 44103. Registration of aircraft

34 (a) GENERAL.—(1) On application of the owner of an aircraft that meets

35 the requirements of section 44102 of this title, the Administrator of the

36 Federal Aviation Administration shall—

37 (A) register the aircraft; and

38 (B) issue a certificate of registration to its owner.

39 (2) The Administrator may prescribe the extent to which an aircraft

40 owned by the holder of a dealer’s certificate of registration issued under sec41 tion 44104(2) of this title also is registered under this section.
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1 (b) CONTROLLED SUBSTANCE VIOLATIONS.—(1) The Administrator may

2 not issue an owner’s certificate of registration under subsection (a)(1) of

3 this section to a person whose certificate is revoked under section 44106

4 of this title during the 5-year period beginning on the date of the revoca5 tion, except—

6 (A) as provided in section 44106(e)(2) of this title; or

7 (B) that the Administrator may issue the certificate to the person

8 after the one-year period beginning on the date of the revocation if the

9 Administrator decides that the aircraft otherwise meets the require10 ments of section 44102 of this title and that denial of a certificate for

11 the 5-year period—

12 (i) would be excessive considering the nature of the offense or

13 the act committed and the burden the denial places on the person;

14 or

15 (ii) would not be in the public interest.

16 (2) A decision of the Administrator under paragraph (1)(B)(i) or (ii) of

17 this subsection is within the discretion of the Administrator. That decision

18 or failure to make a decision is not subject to administrative or judicial

19 review.

20 (c) CERTIFICATES AS EVIDENCE.—A certificate of registration issued

21 under this section is—

22 (1) conclusive evidence of the nationality of an aircraft for inter23 national purposes, but not conclusive evidence in a proceeding under

24 the laws of the United States; and

25 (2) not evidence of ownership of an aircraft in a proceeding in which

26 ownership is or may be in issue.

27 (d) CERTIFICATES AVAILABLE FOR INSPECTION.—An operator of an air28 craft shall make available for inspection a certificate of registration for the

29 aircraft when requested by a United States Government, State, or local law

30 enforcement officer.

31 § 44104. Registration of aircraft components and dealers’

32 certificates of registration

33 The Administrator of the Federal Aviation Administration may prescribe

34 regulations—

35 (1) in the interest of safety for registering and identifying an aircraft

36 engine, propeller, or appliance; and

37 (2) in the public interest for issuing, suspending, and revoking a

38 dealer’s certificate of registration under this chapter and for its use by

39 a person manufacturing, distributing, or selling aircraft.
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1 § 44105. Suspension and revocation of aircraft certificates

2 The Administrator of the Federal Aviation Administration may suspend

3 or revoke a certificate of registration issued under section 44103 of this title

4 when the aircraft no longer meets the requirements of section 44102 of this

5 title.

6 § 44106. Revocation of aircraft certificates for controlled

7 substance violations

8 (a) DEFINITION.—In this section, ‘‘controlled substance’’ has the same

9 meaning given that term in section 102 of the Comprehensive Drug Abuse

10 Prevention and Control Act of 1970 (21 U.S.C. 802).

11 (b) REVOCATIONS.—(1) The Administrator of the Federal Aviation Ad12 ministration shall issue an order revoking the certificate of registration for

13 an aircraft issued to an owner under section 44103 of this title and any

14 other certificate of registration that the owner of the aircraft holds under

15 section 44103, if the Administrator finds that—

16 (A) the aircraft was used to carry out, or facilitate, an activity that

17 is punishable by death or imprisonment for more than one year under

18 a law of the United States or a State related to a controlled substance

19 (except a law related to simple possession of a controlled substance);

20 and

21 (B) the owner of the aircraft permitted the use of the aircraft know22 ing that the aircraft was to be used for the activity described in clause

23 (A) of this paragraph.

24 (2) An aircraft owner that is not an individual is deemed to have per25 mitted the use of the aircraft knowing that the aircraft was to be used for

26 the activity described in paragraph (1)(A) of this subsection only if a major27 ity of the individuals who control the owner of the aircraft or who are in28 volved in forming the major policy of the owner permitted the use of the

29 aircraft knowing that the aircraft was to be used for the activity described

30 in paragraph (1)(A).

31 (c) ADVICE TO HOLDERS AND OPPORTUNITY TO ANSWER.—Before the

32 Administrator revokes a certificate under subsection (b) of this section, the

33 Administrator shall—

34 (1) advise the holder of the certificate of the charges or reasons on

35 which the Administrator bases the proposed action; and

36 (2) provide the holder of the certificate an opportunity to answer the

37 charges and state why the certificate should not be revoked.

38 (d) APPEALS.—(1) A person whose certificate is revoked by the Adminis39 trator under subsection (b) of this section may appeal the revocation order

40 to the National Transportation Safety Board. The Board shall affirm or re41 verse the order after providing notice and a hearing on the record. In con-
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1 ducting the hearing, the Board is not bound by the findings of fact of the

2 Administrator.

3 (2) When a person files an appeal with the Board under this subsection,

4 the order of the Administrator revoking the certificate is stayed. However,

5 if the Administrator advises the Board that safety in air transportation or

6 air commerce requires the immediate effectiveness of the order—

7 (A) the order remains effective; and

8 (B) the Board shall dispose of the appeal not later than 60 days

9 after notification by the Administrator under this paragraph.

10 (3) A person substantially affected by an order of the Board under this

11 subsection may seek judicial review of the order under section 46110 of this

12 title. The Administrator shall be made a party to that judicial proceeding.

13 (e) ACQUITTAL.—(1) The Administrator may not revoke, and the Board

14 may not affirm a revocation of, a certificate of registration under this sec15 tion on the basis of an activity described in subsection (b)(1)(A) of this sec16 tion if the holder of the certificate is acquitted of all charges related to a

17 controlled substance in an indictment or information arising from the

18 activity.

19 (2) If the Administrator has revoked a certificate of registration of a per20 son under this section because of an activity described in subsection

21 (b)(1)(A) of this section, the Administrator shall reissue a certificate to the

22 person if the person—

23 (A) subsequently is acquitted of all charges related to a controlled

24 substance in an indictment or information arising from the activity;

25 and

26 (B) otherwise meets the requirements of section 44102 of this title.

27 § 44107. Recordation of conveyances, leases, and security in28 struments

29 (a) ESTABLISHMENT OF SYSTEM.—The Administrator of the Federal

30 Aviation Administration shall establish a system for recording—

31 (1) conveyances that affect an interest in civil aircraft of the United

32 States;

33 (2) leases and instruments executed for security purposes, including

34 conditional sales contracts, assignments, and amendments, that affect

35 an interest in—

36 (A) a specifically identified aircraft engine having at least 750

37 rated takeoff horsepower or its equivalent;

38 (B) a specifically identified aircraft propeller capable of absorb39 ing at least 750 rated takeoff shaft horsepower;

40 (C) an aircraft engine, propeller, or appliance maintained for in41 stallation or use in an aircraft, aircraft engine, or propeller, by or
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1 for an air carrier holding a certificate issued under section 44705

2 of this title; and

3 (D) spare parts maintained by or for an air carrier holding a

4 certificate issued under section 44705 of this title; and

5 (3) releases, cancellations, discharges, and satisfactions related to a

6 conveyance, lease, or instrument recorded under clause (1) or (2) of

7 this subsection.

8 (b) GENERAL DESCRIPTION REQUIRED.—A lease or instrument recorded

9 under subsection (a)(2) (C) or (D) of this section only has to describe gen10 erally the engine, propeller, appliance, or spare part by type and designate

11 its location.

12 (c) ACKNOWLEDGMENT.—Except as the Administrator otherwise may

13 provide, a conveyance, lease, or instrument may be recorded under sub14 section (a) of this section only after it has been acknowledged before—

15 (1) a notary public; or

16 (2) another officer authorized under the laws of the United States,

17 a State, the District of Columbia, or a territory or possession of the

18 United States to acknowledge deeds.

19 (d) RECORDS AND INDEXES.—The Administrator shall—

20 (1) keep a record of the time and date that each conveyance, lease,

21 and instrument is filed and recorded with the Administrator; and

22 (2) record each conveyance, lease, and instrument filed with the Ad23 ministrator, in the order of their receipt, and index them by—

24 (A) the identifying description of the aircraft, aircraft engine,

25 or propeller, or location specified in a lease or instrument recorded

26 under subsection (a)(2) (C) or (D) of this section; and

27 (B) the names of the parties to each conveyance, lease, and

28 instrument.

29 § 44108. Validity of conveyances, leases, and security instru30 ments

31 (a) VALIDITY BEFORE FILING.—Until a conveyance, lease, or instrument

32 executed for security purposes that may be recorded under section

33 44107(a)(1) or (2) of this title is filed for recording, the conveyance, lease,

34 or instrument is valid only against—

35 (1) the person making the conveyance, lease, or instrument;

36 (2) that person’s heirs and devisees; and

37 (3) a person having actual notice of the conveyance, lease, or instru38 ment.

39 (b) PERIOD OF VALIDITY.—When a conveyance, lease, or instrument is

40 recorded under section 44107 of this title, the conveyance, lease, or instru-
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1 ment is valid from the date of filing against all persons, without other rec2 ordation, except that—

3 (1) a lease or instrument recorded under section 44107(a)(2)(A) or

4 (B) of this title is valid for a specifically identified engine or propeller

5 without regard to a lease or instrument previously or subsequently re6 corded under section 44107(a)(2)(C) or (D); and

7 (2) a lease or instrument recorded under section 44107(a)(2)(C) or

8 (D) of this title is valid only for items at the location designated in

9 the lease or instrument.

10 (c) APPLICABLE LAWS.—(1) The validity of a conveyance, lease, or in11 strument that may be recorded under section 44107 of this title is subject

12 to the laws of the State, the District of Columbia, or the territory or posses13 sion of the United States at which the conveyance, lease, or instrument is

14 delivered, regardless of the place at which the subject of the conveyance,

15 lease, or instrument is located or delivered. If the conveyance, lease, or in16 strument specifies the place at which delivery is intended, it is presumed

17 that the conveyance, lease, or instrument was delivered at the specified

18 place.

19 (2) This subsection does not take precedence over the Convention on the

20 International Recognition of Rights in Aircraft (4 U.S.T. 1830).

21 (d) NONAPPLICATION.—This section does not apply to—

22 (1) a conveyance described in section 44107(a)(1) of this title that

23 was made before August 22, 1938; or

24 (2) a lease or instrument described in section 44107(a)(2) of this

25 title that was made before June 20, 1948.

26 § 44109. Reporting transfer of ownership

27 (a) FILING NOTICES.—A person having an ownership interest in an air28 craft for which a certificate of registration was issued under section 44103

29 of this title shall file a notice with the Secretary of the Treasury that the

30 Secretary requires by regulation, not later than 15 days after a sale, condi31 tional sale, transfer, or conveyance of the interest.

32 (b) EXEMPTIONS.—The Secretary—

33 (1) shall prescribe regulations that establish guidelines for exempting

34 a person or class from subsection (a) of this section; and

35 (2) may exempt a person or class under the regulations.

36 § 44110. Information about aircraft ownership and rights

37 The Administrator of the Federal Aviation Administration may provide

38 by regulation for—

39 (1) endorsing information on each certificate of registration issued

40 under section 44103 of this title and each certificate issued under sec-
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1 tion 44704 of this title about ownership of the aircraft for which each

2 certificate is issued; and

3 (2) recording transactions affecting an interest in, and for other

4 records, proceedings, and details necessary to decide the rights of a

5 party related to, a civil aircraft of the United States, aircraft engine,

6 propeller, appliance, or spare part.

7 § 44111. Modifications in registration and recordation sys8 tem for aircraft not providing air transportation

9 (a) APPLICATION.—This section applies only to aircraft not used to pro10 vide air transportation.

11 (b) AUTHORITY TO MAKE MODIFICATIONS.—The Administrator of the

12 Federal Aviation Administration shall make modifications in the system for

13 registering and recording aircraft necessary to make the system more effec14 tive in serving the needs of—

15 (1) buyers and sellers of aircraft;

16 (2) officials responsible for enforcing laws related to the regulation

17 of controlled substances (as defined in section 102 of the Comprehen18 sive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802));

19 and

20 (3) other users of the system.

21 (c) NATURE OF MODIFICATIONS.—Modifications made under subsection

22 (b) of this section—

23 (1) may include a system of titling aircraft or registering all aircraft,

24 even aircraft not operated;

25 (2) shall ensure positive, verifiable, and timely identification of the

26 true owner; and

27 (3) shall address at least each of the following deficiencies in and

28 abuses of the existing system:

29 (A) the registration of aircraft to fictitious persons.

30 (B) the use of false or nonexistent addresses by persons reg31 istering aircraft.

32 (C) the use by a person registering an aircraft of a post office

33 box or ‘‘mail drop’’ as a return address to evade identification of

34 the person’s address.

35 (D) the registration of aircraft to entities established to facili36 tate unlawful activities.

37 (E) the submission of names of individuals on applications for

38 registration of aircraft that are not identifiable.

39 (F) the ability to make frequent legal changes in the registra40 tion markings assigned to aircraft.

41 (G) the use of false registration markings on aircraft.
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1 (H) the illegal use of ‘‘reserved’’ registration markings on air2 craft.

3 (I) the large number of aircraft classified as being in ‘‘self-re4 ported status’’.

5 (J) the lack of a system to ensure timely and adequate notice

6 of the transfer of ownership of aircraft.

7 (K) the practice of allowing temporary operation and navigation

8 of aircraft without the issuance of a certificate of registration.

9 (d) REGULATIONS.—(1) The Administrator of the Federal Aviation Ad10 ministration shall prescribe regulations to carry out this section and provide

11 a written explanation of how the regulations address each of the deficiencies

12 and abuses described in subsection (c) of this section. In prescribing the

13 regulations, the Administrator of the Federal Aviation Administration shall

14 consult with the Administrator of Drug Enforcement, the Commissioner of

15 Customs, other law enforcement officials of the United States Government,

16 representatives of State and local law enforcement officials, representatives

17 of the general aviation aircraft industry, representatives of users of general

18 aviation aircraft, and other interested persons.

19 (2) Regulations prescribed under this subsection shall require that—

20 (A) each individual listed in an application for registration of an air21 craft provide with the application the individual’s driver’s license num22 ber; and

23 (B) each person (not an individual) listed in an application for reg24 istration of an aircraft provide with the application the person’s tax25 payer identifying number.

26 § 44112. Limitation of liability

27 (a) DEFINITIONS.—In this section—

28 (1) ‘‘lessor’’ means a person leasing for at least 30 days a civil air29 craft, aircraft engine, or propeller.

30 (2) ‘‘owner’’ means a person that owns a civil aircraft, aircraft en31 gine, or propeller.

32 (3) ‘‘secured party’’ means a person having a security interest in, or

33 security title to, a civil aircraft, aircraft engine, or propeller under a

34 conditional sales contract, equipment trust contract, chattel or cor35 porate mortgage, or similar instrument.

36 (b) LIABILITY.—A lessor, owner, or secured party is liable for personal

37 injury, death, or property loss or damage on land or water only when a civil

38 aircraft, aircraft engine, or propeller is in the actual possession or control

39 of the lessor, owner, or secured party, and the personal injury, death, or

40 property loss or damage occurs because of—

41 (1) the aircraft, engine, or propeller; or
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1 (2) the flight of, or an object falling from, the aircraft, engine, or

2 propeller.

3 CHAPTER 443—INSURANCE

Sec.

44301. Definitions.

44302. General authority.

44303. Coverage.

44304. Reinsurance.

44305. Insuring United States Government property.

44306. Premiums and limitations on coverage and claims.

44307. Revolving fund.

44308. Administrative.

44309. Civil actions.

44310. Ending effective date.

4 § 44301. Definitions

5 In this chapter—

6 (1) ‘‘American aircraft’’ means—

7 (A) a civil aircraft of the United States; and

8 (B) an aircraft owned or chartered by, or made available to—

9 (i) the United States Government; or

10 (ii) a State, the District of Columbia, a territory or posses11 sion of the United States, or a political subdivision of the

12 State, territory, or possession.

13 (2) ‘‘insurance carrier’’ means a person authorized to do aviation in14 surance business in a State, including a mutual or stock insurance

15 company and a reciprocal insurance association.

16 § 44302. General authority

17 (a) INSURANCE AND REINSURANCE.—(1) Subject to subsection (b) of this

18 section and section 44305(a) of this title, the Secretary of Transportation

19 may provide insurance and reinsurance against loss or damage arising out

20 of any risk from the operation of an American aircraft or foreign-flag air21 craft—

22 (A) in foreign air commerce; or

23 (B) between at least 2 places, all of which are outside the United

24 States.

25 (2) An aircraft may be insured or reinsured for not more than its reason26 able value as determined by the Secretary. Insurance or reinsurance may

27 be provided only when the Secretary decides that the insurance cannot be

28 obtained on reasonable terms from an insurance carrier.

29 (b) PRESIDENTIAL APPROVAL.—The Secretary may provide insurance or

30 reinsurance under subsection (a) of this section only with the approval of

31 the President. The President may approve the insurance or reinsurance only

32 after deciding that the continued operation of the American aircraft or for-
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1 eign-flag aircraft to be insured or reinsured is necessary to carry out the

2 foreign policy of the United States Government.

3 (c) CONSULTATION.—The President may require the Secretary to consult

4 with interested departments, agencies, and instrumentalities of the Govern5 ment before providing insurance or reinsurance under this chapter.

6 (d) ADDITIONAL INSURANCE.—With the approval of the Secretary, a per7 son having an insurable interest in an aircraft may insure with other under8 writers in an amount that is more than the amount insured with the Sec9 retary. However, the Secretary may not benefit from the additional insur10 ance. This subsection does not prevent the Secretary from making contracts

11 of coinsurance.

12 § 44303. Coverage

13 The Secretary of Transportation may provide insurance and reinsurance

14 authorized under section 44302 of this title for the following:

15 (1) an American aircraft or foreign-flag aircraft engaged in aircraft

16 operations the President decides are necessary to carry out the foreign

17 policy of the United States Government.

18 (2) property transported or to be transported on aircraft referred to

19 in clause (1) of this section, including—

20 (A) shipments by express or registered mail;

21 (B) property owned by citizens or residents of the United

22 States;

23 (C) property—

24 (i) imported to, or exported from, the United States; and

25 (ii) bought or sold by a citizen or resident of the United

26 States under a contract putting the risk of loss or obligation

27 to provide insurance against risk of loss on the citizen or resi28 dent; and

29 (D) property transported between—

30 (i) a place in a State or the District of Columbia and a

31 place in a territory or possession of the United States;

32 (ii) a place in a territory or possession of the United States

33 and a place in another territory or possession of the United

34 States; or

35 (iii) 2 places in the same territory or possession of the

36 United States.

37 (3) the personal effects and baggage of officers and members of the

38 crew of an aircraft referred to in clause (1) of this section and of other

39 individuals employed or transported on that aircraft.
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1 (4) officers and members of the crew of an aircraft referred to in

2 clause (1) of this section and other individuals employed or transported

3 on that aircraft against loss of life, injury, or detention.

4 (5) statutory or contractual obligations or other liabilities, customar5 ily covered by insurance, of an aircraft referred to in clause (1) of this

6 section or of the owner or operator of that aircraft.

7 § 44304. Reinsurance

8 (a) GENERAL AUTHORITY.—To the extent the Secretary of Transpor9 tation is authorized to provide insurance under this chapter, the Secretary

10 may reinsure any part of the insurance provided by an insurance carrier.

11 The Secretary may reinsure with, transfer to, or transfer back to, the car12 rier any insurance or reinsurance provided by the Secretary under this

13 chapter.

14 (b) PREMIUM LEVELS.—The Secretary may provide reinsurance at pre15 miums not less than, or obtain reinsurance at premiums not higher than,

16 the premiums the Secretary establishes on similar risks or the premiums the

17 insurance carrier charges for the insurance to be reinsured by the Secretary,

18 whichever is most advantageous to the Secretary. However, the Secretary

19 may make allowances to the insurance carrier for expenses incurred in pro20 viding services and facilities that the Secretary considers good business

21 practice, except for payments by the carrier for the stimulation or solicita22 tion of insurance business.

23 § 44305. Insuring United States Government property

24 (a) GENERAL.—With the approval of the President, a department, agen25 cy, or instrumentality of the United States Government may obtain—

26 (1) insurance under this chapter, including insurance for risks from

27 operating an aircraft in intrastate or interstate air commerce, but not

28 including insurance on valuables subject to sections 1 and 2 of the Gov29 ernment Losses in Shipment Act (40 U.S.C. 721, 722); and

30 (2) insurance for risks arising from providing goods or services di31 rectly related to and necessary for operating an aircraft covered by in32 surance obtained under clause (1) of this subsection if the aircraft is

33 operated—

34 (A) in carrying out a contract of the department, agency, or in35 strumentality; or

36 (B) to transport military forces or materiel on behalf of the

37 United States under an agreement between the Government and

38 the government of a foreign country.

39 (b) PREMIUM WAIVERS AND INDEMNIFICATION.—With the approval re40 quired under subsection (a) of this section, the Secretary of Transportation

41 may provide the insurance without premium at the request of the Secretary
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1 of Defense or the head of a department, agency, or instrumentality des2 ignated by the President when the Secretary of Defense or the designated

3 head agrees to indemnify the Secretary of Transportation against all losses

4 covered by the insurance. The Secretary of Defense and any designated

5 head may make indemnity agreements with the Secretary of Transportation

6 under this section.

7 § 44306. Premiums and limitations on coverage and claims

8 (a) PREMIUMS BASED ON RISK.—To the extent practical, the premium

9 charged for insurance or reinsurance under this chapter shall be based on

10 consideration of the risk involved.

11 (b) TIME LIMITS.—The Secretary of Transportation may provide insur12 ance and reinsurance under this chapter for a period of not more than 60

13 days. The period may be extended for additional periods of not more than

14 60 days each only if the President decides, before each additional period,

15 that the continued operation of the aircraft to be insured or reinsured is

16 necessary to carry out the foreign policy of the United States Government.

17 (c) MAXIMUM INSURED AMOUNT.—The insurance policy on an aircraft

18 insured or reinsured under this chapter shall specify a stated amount that

19 is not more than the value of the aircraft, as determined by the Secretary.

20 A claim under the policy may not be paid for more than that stated amount.

21 § 44307. Revolving fund

22 (a) EXISTENCE, DISBURSEMENTS, APPROPRIATIONS, AND DEPOSITS.—

23 (1) There is a revolving fund in the Treasury. The Secretary of the Treas24 ury shall disburse from the fund payments to carry out this chapter.

25 (2) Necessary amounts to carry out this chapter may be appropriated to

26 the fund. The amounts appropriated and other amounts received in carrying

27 out this chapter shall be deposited in the fund.

28 (b) INVESTMENT.—On request of the Secretary of Transportation, the

29 Secretary of the Treasury may invest any part of the amounts in the revolv30 ing fund in interest-bearing securities of the United States Government.

31 The interest on, and the proceeds from the sale or redemption of, the securi32 ties shall be deposited in the fund.

33 (c) EXCESS AMOUNTS.—The balance in the revolving fund in excess of

34 an amount the Secretary of Transportation determines is necessary for the

35 requirements of the fund and for reasonable reserves to maintain the sol36 vency of the fund shall be deposited at least annually in the Treasury as

37 miscellaneous receipts.

38 (d) EXPENSES.—The Secretary of Transportation shall deposit annually

39 an amount in the Treasury as miscellaneous receipts to cover the expenses

40 the Government incurs when the Secretary of Transportation uses appro41 priated amounts in carrying out this chapter. The deposited amount shall
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1 equal an amount determined by multiplying the average monthly balance of

2 appropriated amounts retained in the revolving fund by a percentage that

3 is at least the current average rate payable on marketable obligations of the

4 Government. The Secretary of the Treasury shall determine annually in ad5 vance the percentage applied.

6 § 44308. Administrative

7 (a) COMMERCIAL PRACTICES.—The Secretary of Transportation may

8 carry out this chapter consistent with commercial practices of the aviation

9 insurance business.

10 (b) ISSUANCE OF POLICIES AND DISPOSITION OF CLAIMS.—(1) The Sec11 retary may issue insurance policies to carry out this chapter. The Secretary

12 may prescribe the forms, amounts insured under the policies, and premiums

13 charged. The Secretary may change an amount of insurance or a premium

14 for an existing policy only with the consent of the insured.

15 (2) For a claim under insurance authorized by this chapter, the Secretary

16 may—

17 (A) settle and pay the claim made for or against the United States

18 Government; and

19 (B) pay the amount of a judgment entered against the Government.

20 (c) UNDERWRITING AGENT.—(1) The Secretary may, and when practical

21 shall, employ an insurance carrier or group of insurance carriers to act as

22 an underwriting agent. The Secretary may use the agent to adjust claims

23 under this chapter, but claims may be paid only when approved by the

24 Secretary.

25 (2) The Secretary may pay reasonable compensation to an underwriting

26 agent for servicing insurance the agent writes for the Secretary. Compensa27 tion may include payment for reasonable expenses incurred by the agent but

28 may not include a payment by the agent for stimulation or solicitation of

29 insurance business.

30 (3) Except as provided by this subsection, the Secretary may not pay an

31 insurance broker or other person acting in a similar capacity any consider32 ation for arranging insurance when the Secretary directly insures any part

33 of the risk.

34 (d) BUDGET.—The Secretary shall submit annually a budget program for

35 carrying out this chapter as provided for wholly owned Government corpora36 tions under chapter 91 of title 31.

37 (e) ACCOUNTS.—The Secretary shall maintain a set of accounts. The

38 Comptroller General shall audit those accounts under chapter 35 of title 31.

39 Notwithstanding chapter 35, the Comptroller General shall allow credit for

40 expenditures under this chapter made consistent with commercial practices
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1 in the aviation insurance business when shown to be necessary because of

2 the business activities authorized by this chapter.

3 § 44309. Civil actions

4 (a) DISPUTED LOSSES.—A person may bring a civil action in a district

5 court of the United States against the United States Government when a

6 loss insured under this chapter is in dispute. A civil action involving the

7 same matter (except the action authorized by this subsection) may not be

8 brought against an agent, officer, or employee of the Government carrying

9 out this chapter. To the extent applicable, the procedure in an action

10 brought under section 1346(a)(2) of title 28 applies to an action under this

11 subsection.

12 (b) VENUE AND JOINDER.—(1) A civil action under subsection (a) of this

13 section may be brought in the judicial district for the District of Columbia

14 or in the judicial district in which the plaintiff or the agent of the plaintiff

15 resides if the plaintiff resides in the United States. If the plaintiff does not

16 reside in the United States, the action may be brought in the judicial dis17 trict for the District of Columbia or in the judicial district in which the At18 torney General agrees to accept service.

19 (2) An interested person may be joined as a party to a civil action

20 brought under subsection (a) of this section initially or on motion of either

21 party to the action.

22 (c) TIME REQUIREMENTS.—When an insurance claim is made under this

23 chapter, the period during which, under section 2401 of title 28, a civil ac24 tion must be brought under subsection (a) of this section is suspended until

25 60 days after the Secretary of Transportation denies the claim. The claim

26 is deemed to be administratively denied if the Secretary does not act on the

27 claim not later than 6 months after filing, unless the Secretary makes a dif28 ferent agreement with the claimant when there is good cause for an agree29 ment.

30 (d) INTERPLEADER.—(1) If the Secretary admits the Government owes

31 money under an insurance claim under this chapter and there is a dispute

32 about the person that is entitled to payment, the Government may bring

33 a civil action of interpleader in a district court of the United States against

34 the persons that may be entitled to payment. The action may be brought

35 in the judicial district for the District of Columbia or in the judicial district

36 in which any party resides.

37 (2) The district court may order a party not residing or found in the judi38 cial district in which the action is brought to appear in a civil action under

39 this subsection. The order shall be served in a reasonable manner decided

40 by the district court. If the court decides an unknown person might assert
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1 a claim under the insurance that is the subject of the action, the court may

2 order service on that person by publication in the Federal Register.

3 (3) Judgment in a civil action under this subsection discharges the Gov4 ernment from further liability to the parties to the action and to all other

5 persons served by publication under paragraph (2) of this subsection.

6 § 44310. Ending effective date

7 The authority of the Secretary of Transportation to provide insurance

8 and reinsurance under this chapter is not effective after September 30,

9 1997.

10 CHAPTER 445—FACILITIES, PERSONNEL, AND

11 RESEARCH

Sec.

44501. Plans and policy.

44502. General facilities and personnel authority.

44503. Reducing nonessential expenditures.

44504. Improved aircraft, aircraft engines, propellers, and appliances.

44505. Systems, procedures, facilities, and devices.

44506. Air traffic controllers.

44507. Civil aeromedical research.

44508. Research advisory committee.

44509. Demonstration projects.

44510. Airway science curriculum grants.

44511. Aviation research grants.

44512. Catastrophic failure prevention research grants.

44513. Regional centers of air transportation excellence.

44514. Flight service stations.

44515. Advanced training facilities for maintenance technicians for air carrier aircraft.

12 § 44501. Plans and policy

13 (a) LONG RANGE PLANS AND POLICY REQUIREMENTS.—The Adminis14 trator of the Federal Aviation Administration shall make long range plans

15 and policy for the orderly development and use of the navigable airspace,

16 and the orderly development and location of air navigation facilities, that

17 will best meet the needs of, and serve the interests of, civil aeronautics and

18 the national defense, except for needs of the armed forces that are peculiar

19 to air warfare and primarily of military concern.

20 (b) AIRWAY CAPITAL INVESTMENT PLAN.—The Administrator of the

21 Federal Aviation Administration shall review, revise, and publish a national

22 airways system plan, known as the Airway Capital Investment Plan, before

23 the beginning of each fiscal year. The plan shall set forth—

24 (1) for a 10-year period, the research, engineering, and development

25 programs and the facilities and equipment that the Administrator con26 siders necessary for a system of airways, air traffic services, and navi27 gation aids that will—

28 (A) meet the forecasted needs of civil aeronautics;

29 (B) meet the requirements that the Secretary of Defense estab30 lishes for the support of the national defense; and
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1 (C) provide the highest degree of safety in air commerce;

2 (2) for the first and 2d years of the plan, detailed annual estimates

3 of—

4 (A) the number, type, location, and cost of acquiring, operating,

5 and maintaining required facilities and services;

6 (B) the cost of research, engineering, and development required

7 to improve safety, system capacity, and efficiency; and

8 (C) personnel levels required for the activities described in

9 subclauses (A) and (B) of this clause;

10 (3) for the 3d, 4th, and 5th years of the plan, estimates of the total

11 cost of each major program for the 3-year period, and additional major

12 research programs, acquisition of systems and facilities, and changes

13 in personnel levels that may be required to meet long range objectives

14 and that may have significant impact on future funding requirements;

15 and

16 (4) a 10-year investment plan that considers long range objectives

17 that the Administrator considers necessary to—

18 (A) ensure that safety is given the highest priority in providing

19 for a safe and efficient airway system; and

20 (B) meet the current and projected growth of aviation and the

21 requirements of interstate commerce, the United States Postal

22 Service, and the national defense.

23 (c) NATIONAL AVIATION RESEARCH PLAN.—(1) The Administrator of

24 the Federal Aviation Administration shall prepare and publish annually a

25 national aviation research plan and submit the plan to the Committee on

26 Commerce, Science, and Transportation of the Senate and the Committee

27 on Science, Space, and Technology of the House of Representatives. The

28 plan shall be submitted not later than the date of submission of the Presi29 dent’s budget to Congress.

30 (2)(A) The plan shall describe, for a 15-year period, the research, engi31 neering, and development that the Administrator of the Federal Aviation

32 Administration considers necessary—

33 (i) to ensure the continued capacity, safety, and efficiency of aviation

34 in the United States, considering emerging technologies and forecasted

35 needs of civil aeronautics; and

36 (ii) to provide the highest degree of safety in air travel.

37 (B) The plan shall cover all research conducted under sections 40119,

38 44504, 44505, 44507, 44511–44513, and 44912 of this title and shall iden39 tify complementary and coordinated research efforts that the Administrator

40 of the National Aeronautics and Space Administration conducts with

41 amounts specifically appropriated to the Administration. For projects for
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1 which the Administrator of the Federal Aviation Administration anticipates

2 requesting an appropriation, the plan shall include—

3 (i) for the first 2 years of the plan, detailed annual estimates of the

4 schedule, cost, and work-force levels for each research project, including

5 a description of the scope and content of each major contract, grant,

6 or interagency agreement;

7 (ii) for the 3d, 4th, and 5th years of the plan, estimates of the total

8 cost of each major project and any additional major research projects

9 that may be required to meet long-term objectives and that may have

10 significant impact on future appropriations requirements;

11 (iii) for the 6th and subsequent years of the plan, the long-term ob12 jectives the Administrator of the Federal Aviation Administration con13 siders necessary to ensure that aviation safety will be given the highest

14 priority; and

15 (iv) details of a program to disseminate to the private sector the re16 sults of aviation research conducted by the Administrator of the Fed17 eral Aviation Administration, including any new technologies developed.

18 (3) Subject to section 40119(b) of this title and regulations prescribed

19 under section 40119(b), the Administrator of the Federal Aviation Adminis20 tration shall submit to the committees named in paragraph (1) of this sub21 section an annual report on the accomplishments of the research completed

22 during the prior fiscal year. The report shall be submitted with the plan

23 required under paragraph (1) and be organized to allow comparison with

24 the plan in effect for the prior fiscal year.

25 § 44502. General facilities and personnel authority

26 (a) GENERAL AUTHORITY.—(1) The Administrator of the Federal Avia27 tion Administration may—

28 (A) acquire, establish, improve, operate, and maintain air navigation

29 facilities; and

30 (B) provide facilities and personnel to regulate and protect air

31 traffic.

32 (2) The cost of site preparation work associated with acquiring, establish33 ing, or improving an air navigation facility under paragraph (1)(A) of this

34 subsection shall be charged to amounts available for that purpose appro35 priated under section 48101(a) of this title. The Secretary of Transpor36 tation may make an agreement with an airport owner or sponsor (as defined

37 in section 47102 of this title) so that the owner or sponsor will provide the

38 work and be paid or reimbursed by the Secretary from the appropriated

39 amounts.

40 (3) The Secretary of Transportation may authorize a department, agency,

41 or instrumentality of the United States Government to carry out any duty
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1 or power under this subsection with the consent of the head of the depart2 ment, agency, or instrumentality.

3 (b) CERTIFICATION OF NECESSITY.—Except for Government money ex4 pended under this part or for a military purpose, money may be expended

5 to acquire, establish, construct, operate, repair, alter, or maintain an air

6 navigation facility only if the Administrator of the Federal Aviation Admin7 istration certifies in writing that the facility is reasonably necessary for use

8 in air commerce or for the national defense. An interested person may apply

9 for a certificate for a facility to be acquired, established, constructed, oper10 ated, repaired, altered, or maintained by or for the person.

11 (c) ENSURING CONFORMITY WITH PLANS AND POLICIES.—(1) To ensure

12 that conformity with plans and policies for, and allocation of, airspace by

13 the Administrator of the Federal Aviation Administration under section

14 40103(b)(1) of this title, a military airport, military landing area, or missile

15 or rocket site may be acquired, established, or constructed, or a runway may

16 be altered substantially, only if the Administrator of the Federal Aviation

17 Administration is given reasonable prior notice so that the Administrator of

18 the Federal Aviation Administration may advise the appropriate committees

19 of Congress and interested departments, agencies, and instrumentalities of

20 the Government on the effect of the acquisition, establishment, construction,

21 or alteration on the use of airspace by aircraft. A disagreement between the

22 Administrator of the Federal Aviation Administration and the Secretary of

23 Defense or the Administrator of the National Aeronautics and Space

24 Administration may be appealed to the President for a final decision.

25 (2) To ensure conformity, an airport or landing area not involving the

26 expenditure of Government money may be established or constructed, or a

27 runway may be altered substantially, only if the Administrator of the Fed28 eral Aviation Administration is given reasonable prior notice so that the Ad29 ministrator may provide advice on the effects of the establishment, construc30 tion, or alteration on the use of airspace by aircraft.

31 (d) PUBLIC USE AND EMERGENCY ASSISTANCE.—(1) The head of a de32 partment, agency, or instrumentality of the Government having jurisdiction

33 over an air navigation facility owned or operated by the Government may

34 provide, under regulations the head of the department, agency, or instru35 mentality prescribes, for public use of the facility.

36 (2) The head of a department, agency, or instrumentality of the Govern37 ment having jurisdiction over an airport or emergency landing field owned

38 or operated by the Government may provide, under regulations the head of

39 the department, agency, or instrumentality prescribes, for assistance, and

40 the sale of fuel, oil, equipment, and supplies, to an aircraft, but only when

41 necessary, because of an emergency, to allow the aircraft to continue to the
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1 nearest airport operated by private enterprise. The head of the department,

2 agency, or instrumentality shall provide for the assistance and sale at the

3 prevailing local fair market value as determined by the head of the depart4 ment, agency, or instrumentality. An amount that the head decides is equal

5 to the cost of the assistance provided and the fuel, oil, equipment, and sup6 plies sold shall be credited to the appropriation from which the cost was

7 paid. The balance shall be credited to miscellaneous receipts.

8 (e) CONSENT OF CONGRESS.—Congress consents to a State making an

9 agreement, not in conflict with a law of the United States, with another

10 State to develop or operate an airport facility.

11 (f) TRANSFERS OF INSTRUMENT LANDING SYSTEMS.—An airport may

12 transfer, without consideration, to the Administrator of the Federal Aviation

13 Administration an instrument landing system (and associated approach

14 lighting equipment and runway visual range equipment) that conforms to

15 performance specifications of the Administrator if a Government airport aid

16 program, airport development aid program, or airport improvement project

17 grant was used to assist in purchasing the system. The Administrator shall

18 accept the system and operate and maintain it under criteria of the Admin19 istrator.

20 § 44503. Reducing nonessential expenditures

21 The Secretary of Transportation shall attempt to reduce the capital, oper22 ating, maintenance, and administrative costs of the national airport and air23 way system to the maximum extent practicable consistent with the highest

24 degree of aviation safety. At least annually, the Secretary shall consult with

25 and consider the recommendations of users of the system on ways to reduce

26 nonessential expenditures of the United States Government for aviation.

27 The Secretary shall give particular attention to a recommendation that may

28 reduce, with no adverse effect on safety, future personnel requirements and

29 costs to the Government required to be recovered from user charges.

30 § 44504. Improved aircraft, aircraft engines, propellers, and

31 appliances

32 (a) DEVELOPMENTAL WORK AND SERVICE TESTING.—The Administrator

33 of the Federal Aviation Administration may conduct or supervise devel34 opmental work and service testing to improve aircraft, aircraft engines, pro35 pellers, and appliances.

36 (b) RESEARCH.—The Administrator shall conduct or supervise research—

37 (1) to develop technologies and analyze information to predict the ef38 fects of aircraft design, maintenance, testing, wear, and fatigue on the

39 life of aircraft and air safety;
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1 (2) to develop methods of analyzing and improving aircraft mainte2 nance technology and practices, including nondestructive evaluation of

3 aircraft structures;

4 (3) to assess the fire and smoke resistance of aircraft material;

5 (4) to develop improved fire and smoke resistant material for aircraft

6 interiors;

7 (5) to develop and improve fire and smoke containment systems for

8 inflight aircraft fires;

9 (6) to develop advanced aircraft fuels with low flammability and

10 technologies that will contain aircraft fuels to minimize post-crash fire

11 hazards; and

12 (7) to develop technologies and methods to assess the risk of and

13 prevent defects, failures, and malfunctions of products, parts, proc14 esses, and articles manufactured for use in aircraft, aircraft engines,

15 propellers, and appliances that could result in a catastrophic failure of

16 an aircraft.

17 (c) AUTHORITY TO BUY ITEMS OFFERING SPECIAL ADVANTAGES.—In

18 carrying out this section, the Administrator, by negotiation or otherwise,

19 may buy or exchange experimental aircraft, aircraft engines, propellers, and

20 appliances that the Administrator decides may offer special advantages to

21 aeronautics.

22 § 44505. Systems, procedures, facilities, and devices

23 (a) GENERAL REQUIREMENTS.—(1) The Administrator of the Federal

24 Aviation Administration shall—

25 (A) develop, alter, test, and evaluate systems, procedures, facilities,

26 and devices, and define their performance characteristics, to meet the

27 needs for safe and efficient navigation and traffic control of civil and

28 military aviation, except for needs of the armed forces that are peculiar

29 to air warfare and primarily of military concern; and

30 (B) select systems, procedures, facilities, and devices that will best

31 serve those needs and promote maximum coordination of air traffic

32 control and air defense systems.

33 (2) The Administrator may make contracts to carry out this subsection

34 without regard to section 3324(a) and (b) of title 31.

35 (3) When a substantial question exists under paragraph (1) of this sub36 section about whether a matter is of primary concern to the armed forces,

37 the Administrator shall decide whether the Administrator or the Secretary

38 of the appropriate military department has responsibility. The Adminis39 trator shall be given technical information related to each research and de40 velopment project of the armed forces that potentially applies to, or poten41 tially conflicts with, the common system to ensure that potential application
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1 to the common system is considered properly and that potential conflicts

2 with the system are eliminated.

3 (b) RESEARCH ON HUMAN FACTORS AND SIMULATION MODELS.—The

4 Administrator shall conduct or supervise research—

5 (1) to develop a better understanding of the relationship between

6 human factors and aviation accidents and between human factors and

7 air safety;

8 (2) to enhance air traffic controller, mechanic, and flight crew per9 formance;

10 (3) to develop a human-factor analysis of the hazards associated with

11 new technologies to be used by air traffic controllers, mechanics, and

12 flight crews;

13 (4) to identify innovative and effective corrective measures for

14 human errors that adversely affect air safety; and

15 (5) to develop dynamic simulation models of the air traffic control

16 system and airport design and operating procedures that will provide

17 analytical technology—

18 (A) to predict airport and air traffic control safety and capacity

19 problems;

20 (B) to evaluate planned research projects; and

21 (C) to test proposed revisions in airport and air traffic control

22 operations programs.

23 (c) RESEARCH ON DEVELOPING AND MAINTAINING A SAFE AND EFFI24 CIENT SYSTEM.—The Administrator shall conduct or supervise research

25 on—

26 (1) airspace and airport planning and design;

27 (2) airport capacity enhancement techniques;

28 (3) human performance in the air transportation environment;

29 (4) aviation safety and security;

30 (5) the supply of trained air transportation personnel, including pi31 lots and mechanics; and

32 (6) other aviation issues related to developing and maintaining a safe

33 and efficient air transportation system.

34 § 44506. Air traffic controllers

35 (a) RESEARCH ON EFFECT OF AUTOMATION ON PERFORMANCE.—To de36 velop the means necessary to establish appropriate selection criteria and

37 training methodologies for the next generation of air traffic controllers, the

38 Administrator of the Federal Aviation Administration shall conduct research

39 to study the effect of automation on the performance of the next generation

40 of air traffic controllers and the air traffic control system. The research

41 shall include investigating—
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1 (1) methods for improving and accelerating future air traffic control2 ler training through the application of advanced training techniques, in3 cluding the use of simulation technology;

4 (2) the role of automation in the air traffic control system and its

5 physical and psychological effects on air traffic controllers;

6 (3) the attributes and aptitudes needed to function well in a highly

7 automated air traffic control system and the development of appro8 priate testing methods for identifying individuals with those attributes

9 and aptitudes;

10 (4) innovative methods for training potential air traffic controllers to

11 enhance the benefits of automation and maximize the effectiveness of

12 the air traffic control system; and

13 (5) new technologies and procedures for exploiting automated com14 munication systems, including Mode S Transponders, to improve infor15 mation transfers between air traffic controllers and aircraft pilots.

16 (b) RESEARCH ON HUMAN FACTOR ASPECTS OF AUTOMATION.—The Ad17 ministrators of the Federal Aviation Administration and National Aero18 nautics and Space Administration may make an agreement for the use of

19 the National Aeronautics and Space Administration’s unique human factor

20 facilities and expertise in conducting research activities to study the human

21 factor aspects of the highly automated environment for the next generation

22 of air traffic controllers. The research activities shall include investigating—

23 (1) human perceptual capabilities and the effect of computer-aided

24 decision making on the workload and performance of air traffic control25 lers;

26 (2) information management techniques for advanced air traffic con27 trol display systems; and

28 (3) air traffic controller workload and performance measures, includ29 ing the development of predictive models.

30 (c) COLLEGIATE TRAINING INITIATIVE.—(1) The Administrator of the

31 Federal Aviation Administration may maintain the Collegiate Training Ini32 tiative program by making new agreements and continuing existing agree33 ments with institutions of higher education (as defined by the Adminis34 trator) under which the institutions prepare students for the position of air

35 traffic controller with the Department of Transportation (as defined in sec36 tion 2109 of title 5). The Administrator may establish standards for the

37 entry of institutions into the program and for their continued participation.

38 (2)(A) The Administrator of the Federal Aviation Administration may ap39 point an individual who has successfully completed a course of training in

40 a program described in paragraph (1) of this subsection to the position of

41 air traffic controller noncompetitively in the excepted service (as defined in
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1 section 2103 of title 5). An individual appointed under this paragraph

2 serves at the pleasure of the Administrator, subject to section 7511 of title

3 5. However, an appointment under this paragraph may be converted from

4 one in the excepted service to a career conditional or career appointment

5 in the competitive civil service (as defined in section 2102 of title 5) when

6 the individual achieves full performance level air traffic controller status, as

7 decided by the Administrator.

8 (B) The authority under subparagraph (A) of this paragraph to make ap9 pointments in the excepted service expires on October 6, 1997, except that

10 the Administrator of the Federal Aviation Administration may extend the

11 authority for one or more successive one-year periods.

12 (d) STAFFING REPORT.—The Administrator of the Federal Aviation Ad13 ministration shall submit annually to the Committee on Public Works and

14 Transportation of the House of Representatives and the Committee on Com15 merce, Science, and Transportation of the Senate a report containing—

16 (1) the staffing standards used to determine the number of air traf17 fic controllers needed to operate the air traffic control system of the

18 United States;

19 (2) a 3-year projection of the number of controllers needed to be em20 ployed to operate the system to meet the standards; and

21 (3) a detailed plan for employing the controllers, including projected

22 budget requests.

23 § 44507. Civil aeromedical research

24 The Civil Aeromedical Institute established by section 106(j) of this title

25 may—

26 (1) conduct civil aeromedical research, including research related

27 to—

28 (A) the protection and survival of aircraft occupants;

29 (B) medical accident investigation and airman medical certifi30 cation;

31 (C) toxicology and the effects of drugs on human performance;

32 (D) the impact of disease and disability on human performance;

33 (E) vision and its relationship to human performance and equip34 ment design;

35 (F) human factors of flight crews, air traffic controllers, me36 chanics, inspectors, airway facility technicians, and other individ37 uals involved in operating and maintaining aircraft and air traffic

38 control equipment; and

39 (G) agency work force optimization, including training, equip40 ment design, reduction of errors, and identification of candidate

41 tasks for automation;
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1 (2) make comments to the Administrator of the Federal Aviation Ad2 ministration on human factors aspects of proposed air safety regula3 tions;

4 (3) make comments to the Administrator on human factors aspects

5 of proposed training programs, equipment requirements, standards,

6 and procedures for aviation personnel;

7 (4) advise, assist, and represent the Federal Aviation Administration

8 in the human factors aspects of joint projects between the Administra9 tion and the National Aeronautics and Space Administration, other de10 partments, agencies, and instrumentalities of the United States Gov11 ernment, industry, and governments of foreign countries; and

12 (5) provide medical consultation services to the Administrator about

13 medical certification of airmen.

14 § 44508. Research advisory committee

15 (a) ESTABLISHMENT AND DUTIES.—(1) There is a research advisory

16 committee in the Federal Aviation Administration. The committee shall—

17 (A) provide advice and recommendations to the Administrator of the

18 Federal Aviation Administration about needs, objectives, plans, ap19 proaches, content, and accomplishments of the aviation research pro20 gram carried out under sections 40119, 44504, 44505, 44507, 44511–

21 44513, and 44912 of this title;

22 (B) assist in ensuring that the research is coordinated with similar

23 research being conducted outside the Administration; and

24 (C) review the operations of the regional centers of air transpor25 tation excellence established under section 44513 of this title.

26 (2) The Administrator may establish subordinate committees to provide

27 advice on specific areas of research conducted under sections 40119, 44504,

28 44505, 44507, 44511–44513, and 44912 of this title.

29 (b) MEMBERS, CHAIRMAN, PAY, AND EXPENSES.—(1) The committee is

30 composed of not more than 30 members appointed by the Administrator

31 from among individuals who are not employees of the Administration and

32 who are specially qualified to serve on the committee because of their edu33 cation, training, or experience. In appointing members of the committee, the

34 Administrator shall ensure that the regional centers of air transportation

35 excellence, universities, corporations, associations, consumers, and other de36 partments, agencies, and instrumentalities of the United States Government

37 are represented.

38 (2) The Administrator shall designate the chairman of the committee.

39 (3) A member of the committee serves without pay. However, the Admin40 istrator may allow a member, when attending meetings of the committee or
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1 a subordinate committee, travel or transportation expenses as authorized

2 under section 5703 of title 5.

3 (c) SUPPORT STAFF, INFORMATION, AND SERVICES.—The Administrator

4 shall provide support staff for the committee. On request of the committee,

5 the Administrator shall provide information, administrative services, and

6 supplies that the Administrator considers necessary for the committee to

7 carry out its duties and powers.

8 (d) NONAPPLICATION.—Section 14 of the Federal Advisory Committee

9 Act (5 App. U.S.C.) does not apply to the committee.

10 (e) USE AND LIMITATION OF AMOUNTS.—(1) Not more than .1 percent

11 of the amounts made available to conduct research under sections 40119,

12 44504, 44505, 44507, 44511–44513, and 44912 of this title may be used

13 by the Administrator to carry out this section.

14 (2) A limitation on amounts available for obligation by or for the commit15 tee does not apply to amounts made available to carry out this section.

16 § 44509. Demonstration projects

17 The Secretary of Transportation may carry out under this chapter dem18 onstration projects that the Secretary considers necessary for research and

19 development activities under this chapter.

20 § 44510. Airway science curriculum grants

21 (a) GENERAL AUTHORITY.—The Administrator of the Federal Aviation

22 Administration may make competitive grant agreements with institutions of

23 higher education having airway science curricula for the United States Gov24 ernment’s share of the allowable direct costs of the following categories of

25 items to the extent that the items are in support of airway science curricula:

26 (1) the construction, purchase, or lease with an option to purchase,

27 of buildings and associated facilities.

28 (2) instructional material and equipment.

29 (b) COST GUIDELINES.—The Administrator shall establish guidelines to

30 determine the direct costs allowable under a grant to be made under this

31 section. The Government’s share of the allowable cost of a project assisted

32 by a grant under this section may not be more than 65 percent.

33 § 44511. Aviation research grants

34 (a) GENERAL AUTHORITY.—The Administrator of the Federal Aviation

35 Administration may make grants to institutions of higher education and

36 nonprofit research organizations to conduct aviation research in areas the

37 Administrator considers necessary for the long-term growth of civil aviation.

38 (b) APPLICATIONS.—An institution of higher education or nonprofit re39 search organization interested in receiving a grant under this section may

40 submit an application to the Administrator. The application must be in the

41 form and contain the information the Administrator requires.
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1 (c) SOLICITATION, REVIEW, AND EVALUATION PROCESS.—The Adminis2 trator shall establish a solicitation, review, and evaluation process that en3 sures—

4 (1) providing grants under this section for proposals having adequate

5 merit and relevancy to the mission of the Administration;

6 (2) a fair geographical distribution of grants under this section; and

7 (3) the inclusion of historically black institutions of higher education

8 and other minority nonprofit research organizations for grant consider9 ation under this section.

10 (d) RECORDS.—Each person receiving a grant under this section shall

11 maintain records that the Administrator requires as being necessary to fa12 cilitate an effective audit and evaluation of the use of money provided under

13 the grant.

14 (e) ANNUAL REPORT.—The Administrator shall submit an annual report

15 to the Committee on Science, Space, and Technology of the House of Rep16 resentatives and the Committee on Commerce, Science, and Transportation

17 of the Senate on carrying out this section.

18 § 44512. Catastrophic failure prevention research grants

19 (a) GENERAL AUTHORITY.—The Administrator of the Federal Aviation

20 Administration may make grants to institutions of higher education and

21 nonprofit research organizations—

22 (1) to conduct aviation research related to the development of tech23 nologies and methods to assess the risk of, and prevent, defects, fail24 ures, and malfunctions of products, parts, processes, and articles man25 ufactured for use in aircraft, aircraft engines, propellers, and appli26 ances that could result in a catastrophic failure of an aircraft; and

27 (2) to establish centers of excellence for continuing the research.

28 (b) SOLICITATION, APPLICATION, REVIEW, AND EVALUATION PROCESS.—

29 The Administrator shall establish a solicitation, application, review, and

30 evaluation process that ensures providing grants under this section for pro31 posals having adequate merit and relevancy to the research described in sub32 section (a) of this section.

33 § 44513. Regional centers of air transportation excellence

34 (a) GENERAL AUTHORITY.—The Administrator of the Federal Aviation

35 Administration may make grants to institutions of higher education to es36 tablish and operate regional centers of air transportation excellence. The lo37 cations shall be distributed in a geographically fair way.

38 (b) RESPONSIBILITIES.—(1) The responsibilities of each center estab39 lished under this section shall include—

40 (A) conducting research on—

41 (i) airspace and airport planning and design;
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1 (ii) airport capacity enhancement techniques;

2 (iii) human performance in the air transportation environment;

3 (iv) aviation safety and security;

4 (v) the supply of trained air transportation personnel, including

5 pilots and mechanics; and

6 (vi) other aviation issues related to developing and maintaining

7 a safe and efficient air transportation system; and

8 (B) interpreting, publishing, and disseminating the results of the re9 search.

10 (2) In conducting research described in paragraph (1)(A) of this sub11 section, each center may make contracts with nonprofit research organiza12 tions and other appropriate persons.

13 (c) APPLICATIONS.—An institution of higher education interested in re14 ceiving a grant under this section may submit an application to the Admin15 istrator. The application must be in the form and contain the information

16 that the Administrator requires by regulation.

17 (d) SELECTION CRITERIA.—The Administrator shall select recipients of

18 grants under this section on the basis of the following criteria:

19 (1) The extent to which the needs of the State in which the applicant

20 is located are representative of the needs of the region for improved

21 air transportation services and facilities.

22 (2) The demonstrated research and extension resources available to

23 the applicant to carry out this section.

24 (3) The ability of the applicant to provide leadership in making na25 tional and regional contributions to the solution of both long-range and

26 immediate air transportation problems.

27 (4) The extent to which the applicant has an established air trans28 portation program.

29 (5) The demonstrated ability of the applicant to disseminate results

30 of air transportation research and educational programs through a

31 statewide or regionwide continuing education program.

32 (6) The projects the applicant proposes to carry out under the grant.

33 (e) EXPENDITURE AGREEMENTS.—A grant may be made under this sec34 tion in a fiscal year only if the recipient makes an agreement with the Ad35 ministrator that the Administrator requires to ensure that the recipient will

36 maintain its total expenditures from all other sources for establishing and

37 operating the center and related research activities at a level at least equal

38 to the average level of those expenditures in the 2 fiscal years of the recipi39 ent occurring immediately before November 5, 1990.

40 (f) GOVERNMENT’S SHARE OF COSTS.—The United States Government’s

41 share of a grant under this section is 50 percent of the costs of establishing
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1 and operating the center and related research activities that the grant recip2 ient carries out.

3 (g) ALLOCATING AMOUNTS.—The Administrator shall allocate amounts

4 made available to carry out this section in a geographically fair way.

5 § 44514. Flight service stations

6 (a) HOURS OF OPERATION.—(1) The Secretary of Transportation may

7 close, or reduce the hours of operation of, a flight service station in an area

8 only if the service provided in the area after the closing or during the hours

9 the station is not in operation is provided by an automated flight service

10 station with at least model 1 equipment.

11 (2) The Secretary shall reopen a flight service station closed after March

12 24, 1987, but before July 15, 1987, as soon as practicable if the service

13 in the area in which the station is located has not been provided since the

14 closing by an automatic flight service station with at least model 1 equip15 ment. The hours of operation for the reopened station shall be the same

16 as were the hours of operation for the station on March 25, 1987. After

17 reopening the station, the Secretary may close, or reduce the hours of oper18 ation of, the station only as provided in paragraph (1) of this subsection.

19 (b) MANNED AUXILIARY STATIONS.—The Secretary and the Adminis20 trator of the Federal Aviation Administration shall establish a system of

21 manned auxiliary flight service stations. The manned auxiliary flight service

22 stations shall supplement the services of the planned consolidation to 61

23 automated flight service stations under the flight service station moderniza24 tion program. A manned auxiliary flight service station shall be located in

25 an area of unique weather or operational conditions that are critical to the

26 safety of flight.

27 § 44515. Advanced training facilities for maintenance tech28 nicians for air carrier aircraft

29 (a) GENERAL AUTHORITY.—The Administrator of the Federal Aviation

30 Administration may make grants to not more than 4 vocational technical

31 educational institutions to acquire or construct facilities to be used for the

32 advanced training of maintenance technicians for air carrier aircraft.

33 (b) ELIGIBILITY.—The Administrator may make a grant under this sec34 tion to a vocational technical educational institution only if the institution

35 has a training curriculum that prepares aircraft maintenance technicians

36 who hold airframe and power plant certificates under subpart D of part 65

37 of title 14, Code of Federal Regulations, to maintain, without direct super38 vision, air carrier aircraft.

39 (c) LIMITATION.—A vocational technical educational institution may not

40 receive more than a total of $5,000,000 in grants under this section.
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1 CHAPTER 447—SAFETY REGULATION

Sec.

44701. General requirements.

44702. Issuance of certificates.

44703. Airman certificates.

44704. Type certificates, production certificates, and airworthiness certificates.

44705. Air carrier operating certificates.

44706. Airport operating certificates.

44707. Examining and rating air agencies.

44708. Inspecting and rating air navigation facilities.

44709. Amendments, modifications, suspensions, and revocations of certificates.

44710. Revocations of airman certificates for controlled substance violations.

44711. Prohibitions and exemption.

44712. Emergency locator transmitters.

44713. Inspection and maintenance.

44714. Aviation fuel standards.

44715. Controlling aircraft noise and sonic boom.

44716. Collision avoidance systems.

44717. Aging aircraft.

44718. Structures interfering with air commerce.

44719. Standards for navigational aids.

44720. Meteorological services.

44721. Aeronautical maps and charts.

44722. Aircraft operations in winter conditions.

44723. Annual report.

2 § 44701. General requirements

3 (a) PROMOTING SAFETY.—The Administrator of the Federal Aviation Ad4 ministration shall promote safe flight of civil aircraft in air commerce by

5 prescribing—

6 (1) minimum standards required in the interest of safety for appli7 ances and for the design, material, construction, quality of work, and

8 performance of aircraft, aircraft engines, and propellers;

9 (2) regulations and minimum standards in the interest of safety

10 for—

11 (A) inspecting, servicing, and overhauling aircraft, aircraft en12 gines, propellers, and appliances;

13 (B) equipment and facilities for, and the timing and manner of,

14 the inspecting, servicing, and overhauling; and

15 (C) a qualified private person, instead of an officer or employee

16 of the Administration, to examine and report on the inspecting,

17 servicing, and overhauling;

18 (3) regulations required in the interest of safety for the reserve sup19 ply of aircraft, aircraft engines, propellers, appliances, and aircraft fuel

20 and oil, including the reserve supply of fuel and oil carried in flight;

21 (4) regulations in the interest of safety for the maximum hours or

22 periods of service of airmen and other employees of air carriers; and

23 (5) regulations and minimum standards for other practices, methods,

24 and procedure the Administrator finds necessary for safety in air com25 merce and national security.
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1 (b) PRESCRIBING MINIMUM SAFETY STANDARDS.—The Administrator

2 may prescribe minimum safety standards for—

3 (1) an air carrier to whom a certificate is issued under section 44705

4 of this title; and

5 (2) operating an airport serving any passenger operation of air car6 rier aircraft designed for at least 31 passenger seats.

7 (c) REDUCING AND ELIMINATING ACCIDENTS.—The Administrator shall

8 carry out this chapter in a way that best tends to reduce or eliminate the

9 possibility or recurrence of accidents in air transportation. However, the Ad10 ministrator is not required to give preference either to air transportation or

11 to other air commerce in carrying out this chapter.

12 (d) CONSIDERATIONS AND CLASSIFICATION OF REGULATIONS AND

13 STANDARDS.—When prescribing a regulation or standard under subsection

14 (a) or (b) of this section or section 44702–44716 of this title, the Adminis15 trator shall—

16 (1) consider—

17 (A) the duty of an air carrier to provide service with the highest

18 possible degree of safety in the public interest; and

19 (B) differences between air transportation and other air com20 merce; and

21 (2) classify a regulation or standard appropriate to the differences

22 between air transportation and other air commerce.

23 (e) EXEMPTIONS.—The Administrator may grant an exemption from a

24 requirement of a regulation prescribed under subsection (a) or (b) of this

25 section or section 44702–44716 of this title if the Administrator finds the

26 exemption is in the public interest.

27 § 44702. Issuance of certificates

28 (a) GENERAL AUTHORITY AND APPLICATIONS.—The Administrator of

29 the Federal Aviation Administration may issue airman certificates, type cer30 tificates, production certificates, airworthiness certificates, air carrier oper31 ating certificates, airport operating certificates, air agency certificates, and

32 air navigation facility certificates under this chapter. An application for a

33 certificate must—

34 (1) be under oath when the Administrator requires; and

35 (2) be in the form, contain information, and be filed and served in

36 the way the Administrator prescribes.

37 (b) CONSIDERATIONS.—When issuing a certificate under this chapter, the

38 Administrator shall—

39 (1) consider—

40 (A) the duty of an air carrier to provide service with the highest

41 possible degree of safety in the public interest; and
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1 (B) differences between air transportation and other air com2 merce; and

3 (2) classify a certificate according to the differences between air

4 transportation and other air commerce.

5 (c) PRIOR CERTIFICATION.—The Administrator may authorize an air6 craft, aircraft engine, propeller, or appliance for which a certificate has been

7 issued authorizing the use of the aircraft, aircraft engine, propeller, or ap8 pliance in air transportation to be used in air commerce without another

9 certificate being issued.

10 (d) DELEGATION.—(1) Subject to regulations, supervision, and review the

11 Administrator may prescribe, the Administrator may delegate to a qualified

12 private person, or to an employee under the supervision of that person, a

13 matter related to—

14 (A) the examination, testing, and inspection necessary to issue a cer15 tificate under this chapter; and

16 (B) issuing the certificate.

17 (2) The Administrator may rescind a delegation under this subsection at

18 any time for any reason the Administrator considers appropriate.

19 (3) A person affected by an action of a private person under this sub20 section may apply for reconsideration of the action by the Administrator.

21 On the Administrator’s own initiative, the Administrator may reconsider the

22 action of a private person at any time. If the Administrator decides on re23 consideration that the action is unreasonable or unwarranted, the Adminis24 trator shall change, modify, or reverse the action. If the Administrator de25 cides the action is warranted, the Administrator shall affirm the action.

26 § 44703. Airman certificates

27 (a) GENERAL.—The Administrator of the Federal Aviation Administra28 tion shall issue an airman certificate to an individual when the Adminis29 trator finds, after investigation, that the individual is qualified for, and

30 physically able to perform the duties related to, the position to be authorized

31 by the certificate.

32 (b) CONTENTS.—(1) An airman certificate shall—

33 (A) be numbered and recorded by the Administrator of the Federal

34 Aviation Administration;

35 (B) contain the name, address, and description of the individual to

36 whom the certificate is issued;

37 (C) contain terms the Administrator decides are necessary to ensure

38 safety in air commerce, including terms on the duration of the certifi39 cate, periodic or special examinations, and tests of physical fitness;

40 (D) specify the capacity in which the holder of the certificate may

41 serve as an airman with respect to an aircraft; and
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1 (E) designate the class the certificate covers.

2 (2) A certificate issued to a pilot serving in scheduled air transportation

3 shall have the designation ‘‘airline transport pilot’’ of the appropriate class.

4 (c) APPEALS.—(1) An individual whose application for the issuance or re5 newal of an airman certificate has been denied may appeal the denial to the

6 National Transportation Safety Board, except if the individual holds a cer7 tificate that—

8 (A) is suspended at the time of denial; or

9 (B) was revoked within one year from the date of the denial.

10 (2) The Board shall conduct a hearing on the appeal at a place conven11 ient to the place of residence or employment of the applicant. The Board

12 is not bound by findings of fact of the Administrator of the Federal Avia13 tion Administration but is bound by all validly adopted interpretations of

14 laws and regulations the Administrator carries out unless the Board finds

15 an interpretation is arbitrary, capricious, or otherwise not according to law.

16 At the end of the hearing, the Board shall decide whether the individual

17 meets the applicable regulations and standards. The Administrator is bound

18 by that decision.

19 (d) RESTRICTIONS AND PROHIBITIONS.—The Administrator of the Fed20 eral Aviation Administration may—

21 (1) restrict or prohibit issuing an airman certificate to an alien; or

22 (2) make issuing the certificate to an alien dependent on a reciprocal

23 agreement with the government of a foreign country.

24 (e) CONTROLLED SUBSTANCE VIOLATIONS.—The Administrator of the

25 Federal Aviation Administration may not issue an airman certificate to an

26 individual whose certificate is revoked under section 44710 of this title ex27 cept—

28 (1) when the Administrator decides that issuing the certificate will

29 facilitate law enforcement efforts; and

30 (2) as provided in section 44710(e)(2) of this title.

31 (f) MODIFICATIONS IN SYSTEM.—(1) The Administrator of the Federal

32 Aviation Administration shall make modifications in the system for issuing

33 airman certificates necessary to make the system more effective in serving

34 the needs of pilots and officials responsible for enforcing laws related to the

35 regulation of controlled substances (as defined in section 102 of the Com36 prehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C.

37 802)). The modifications shall ensure positive and verifiable identification

38 of each individual applying for or holding a certificate and shall address at

39 least each of the following deficiencies in, and abuses of, the existing sys40 tem:
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1 (A) the use of fictitious names and addresses by applicants for those

2 certificates.

3 (B) the use of stolen or fraudulent identification in applying for

4 those certificates.

5 (C) the use by an applicant of a post office box or ‘‘mail drop’’ as

6 a return address to evade identification of the applicant’s address.

7 (D) the use of counterfeit and stolen airman certificates by pilots.

8 (E) the absence of information about physical characteristics of hold9 ers of those certificates.

10 (2) The Administrator of the Federal Aviation Administration shall pre11 scribe regulations to carry out paragraph (1) of this subsection and provide

12 a written explanation of how the regulations address each of the deficiencies

13 and abuses described in paragraph (1). In prescribing the regulations, the

14 Administrator of the Federal Aviation Administration shall consult with the

15 Administrator of Drug Enforcement, the Commissioner of Customs, other

16 law enforcement officials of the United States Government, representatives

17 of State and local law enforcement officials, representatives of the general

18 aviation aircraft industry, representatives of users of general aviation air19 craft, and other interested persons.

20 § 44704. Type certificates, production certificates, and air21 worthiness certificates

22 (a) TYPE CERTIFICATES.—(1) The Administrator of the Federal Aviation

23 Administration shall issue a type certificate for an aircraft, aircraft engine,

24 or propeller, or for an appliance specified under paragraph (2)(A) of this

25 subsection when the Administrator finds that the aircraft, aircraft engine,

26 propeller, or appliance is properly designed and manufactured, performs

27 properly, and meets the regulations and minimum standards prescribed

28 under section 44701(a) of this title. On receiving an application for a type

29 certificate, the Administrator shall investigate the application and may con30 duct a hearing. The Administrator shall make, or require the applicant to

31 make, tests the Administrator considers necessary in the interest of safety.

32 (2) The Administrator may—

33 (A) specify in regulations those appliances that reasonably require a

34 type certificate in the interest of safety;

35 (B) include in a type certificate terms required in the interest of

36 safety; and

37 (C) record on the certificate a numerical specification of the essential

38 factors related to the performance of the aircraft, aircraft engine, or

39 propeller for which the certificate is issued.

40 (b) PRODUCTION CERTIFICATES.—The Administrator shall issue a pro41 duction certificate authorizing the production of a duplicate of an aircraft,
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1 aircraft engine, propeller, or appliance for which a type certificate has been

2 issued when the Administrator finds the duplicate will conform to the cer3 tificate. On receiving an application, the Administrator shall inspect, and

4 may require testing of, a duplicate to ensure that it conforms to the require5 ments of the certificate. The Administrator may include in a production cer6 tificate terms required in the interest of safety.

7 (c) AIRWORTHINESS CERTIFICATES.—(1) The registered owner of an air8 craft may apply to the Administrator for an airworthiness certificate for the

9 aircraft. The Administrator shall issue an airworthiness certificate when the

10 Administrator finds that the aircraft conforms to its type certificate and,

11 after inspection, is in condition for safe operation. The Administrator shall

12 register each airworthiness certificate and may include appropriate informa13 tion in the certificate. The certificate number or other individual designation

14 the Administrator requires shall be displayed on the aircraft. The Adminis15 trator may include in an airworthiness certificate terms required in the in16 terest of safety.

17 (2) A person applying for the issuance or renewal of an airworthiness cer18 tificate for an aircraft for which ownership has not been recorded under sec19 tion 44107 or 44110 of this title must submit with the application informa20 tion related to the ownership of the aircraft the Administrator decides is

21 necessary to identify each person having a property interest in the aircraft

22 and the kind and extent of the interest.

23 § 44705. Air carrier operating certificates

24 The Administrator of the Federal Aviation Administration shall issue an

25 air carrier operating certificate to a person desiring to operate as an air

26 carrier when the Administrator finds, after investigation, that the person

27 properly and adequately is equipped and able to operate safely under this

28 part and regulations and standards prescribed under this part. An air car29 rier operating certificate shall—

30 (1) contain terms necessary to ensure safety in air transportation;

31 and

32 (2) specify the places to and from which, and the airways of the

33 United States over which, a person may operate as an air carrier.

34 § 44706. Airport operating certificates

35 (a) GENERAL.—The Administrator of the Federal Aviation Administra36 tion shall issue an airport operating certificate to a person desiring to oper37 ate an airport—

38 (1) that serves an air carrier operating aircraft designed for at least

39 31 passenger seats;

40 (2) that the Administrator requires to have a certificate; and
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1 (3) when the Administrator finds, after investigation, that the person

2 properly and adequately is equipped and able to operate safely under

3 this part and regulations and standards prescribed under this part.

4 (b) TERMS.—An airport operating certificate issued under this section

5 shall contain terms necessary to ensure safety in air transportation. Unless

6 the Administrator decides that it is not in the public interest, the terms

7 shall include conditions related to—

8 (1) operating and maintaining adequate safety equipment, including

9 firefighting and rescue equipment capable of rapid access to any part

10 of the airport used for landing, takeoff, or surface maneuvering of an

11 aircraft; and

12 (2) friction treatment for primary and secondary runways that the

13 Secretary of Transportation decides is necessary.

14 (c) EXEMPTIONS.—The Administrator may exempt from the requirements

15 of this section, related to firefighting and rescue equipment, an operator of

16 an airport described in subsection (a) of this section having less than .25

17 percent of the total number of passenger boardings each year at all airports

18 described in subsection (a) when the Administrator decides that the require19 ments are or would be unreasonably costly, burdensome, or impractical.

20 § 44707. Examining and rating air agencies

21 The Administrator of the Federal Aviation Administration may examine

22 and rate the following air agencies:

23 (1) civilian schools giving instruction in flying or repairing, altering,

24 and maintaining aircraft, aircraft engines, propellers, and appliances,

25 on the adequacy of instruction, the suitability and airworthiness of

26 equipment, and the competency of instructors.

27 (2) repair stations and shops that repair, alter, and maintain air28 craft, aircraft engines, propellers, and appliances, on the adequacy and

29 suitability of the equipment, facilities, and materials for, and methods

30 of, repair and overhaul, and the competency of the individuals doing

31 the work or giving instruction in the work.

32 (3) other air agencies the Administrator decides are necessary in the

33 public interest.

34 § 44708. Inspecting and rating air navigation facilities

35 The Administrator of the Federal Aviation Administration may inspect,

36 classify, and rate an air navigation facility available for the use of civil air37 craft on the suitability of the facility for that use.

38 § 44709. Amendments, modifications, suspensions, and rev39 ocations of certificates

40 (a) REINSPECTION AND REEXAMINATION.—The Administrator of the

41 Federal Aviation Administration may reinspect at any time a civil aircraft,
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1 aircraft engine, propeller, appliance, air navigation facility, or air agency,

2 or reexamine an airman holding a certificate issued under section 44703 of

3 this title.

4 (b) ACTIONS OF THE ADMINISTRATOR.—The Administrator may issue an

5 order amending, modifying, suspending, or revoking—

6 (1) any part of a certificate issued under this chapter if—

7 (A) the Administrator decides after conducting a reinspection,

8 reexamination, or other investigation that safety in air commerce

9 or air transportation and the public interest require that action;

10 or

11 (B) the holder of the certificate has violated an aircraft noise

12 or sonic boom standard or regulation prescribed under section

13 44715(a) of this title; and

14 (2) an airman certificate when the holder of the certificate is con15 victed of violating section 13(a) of the Fish and Wildlife Act of 1956

16 (16 U.S.C. 742j–1(a)).

17 (c) ADVICE TO CERTIFICATE HOLDERS AND OPPORTUNITY TO AN18 SWER.—Before acting under subsection (b) of this section, the Adminis19 trator shall advise the holder of the certificate of the charges or other rea20 sons on which the Administrator relies for the proposed action. Except in

21 an emergency, the Administrator shall provide the holder an opportunity to

22 answer the charges and be heard why the certificate should not be amended,

23 modified, suspended, or revoked.

24 (d) APPEALS.—(1) A person adversely affected by an order of the Admin25 istrator under this section may appeal the order to the National Transpor26 tation Safety Board. After notice and an opportunity for a hearing, the

27 Board may amend, modify, or reverse the order when the Board finds—

28 (A) if the order was issued under subsection (b)(1)(A) of this sec29 tion, that safety in air commerce or air transportation and the public

30 interest do not require affirmation of the order; or

31 (B) if the order was issued under subsection (b)(1)(B) of this sec32 tion—

33 (i) that control or abatement of aircraft noise or sonic boom and

34 the public health and welfare do not require affirmation of the

35 order; or

36 (ii) the order, as it is related to a violation of aircraft noise or

37 sonic boom standards and regulations, is not consistent with safety

38 in air commerce or air transportation.

39 (2) The Board may modify a suspension or revocation of a certificate to

40 imposition of a civil penalty.
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1 (3) When conducting a hearing under this subsection, the Board is not

2 bound by findings of fact of the Administrator but is bound by all validly

3 adopted interpretations of laws and regulations the Administrator carries

4 out and of written agency policy guidance available to the public related to

5 sanctions to be imposed under this section unless the Board finds an inter6 pretation is arbitrary, capricious, or otherwise not according to law.

7 (e) EFFECTIVENESS OF ORDERS PENDING APPEAL.—When a person files

8 an appeal with the Board under subsection (d) of the section, the order of

9 the Administrator is stayed. However, if the Administrator advises the

10 Board that an emergency exists and safety in air commerce or air transpor11 tation requires the order to be effective immediately—

12 (1) the order is effective; and

13 (2) the Board shall make a final disposition of the appeal not later

14 than 60 days after the Administrator so advises the Board.

15 (f) JUDICIAL REVIEW.—A person substantially affected by an order of

16 the Board under this section, or the Administrator when the Administrator

17 decides that an order of the Board will have a significant adverse effect on

18 carrying out this part, may obtain judicial review of the order under section

19 46110 of this title. The Administrator shall be made a party to the judicial

20 review proceedings. Findings of fact of the Board are conclusive if sup21 ported by substantial evidence

22 § 44710. Revocations of airman certificates for controlled

23 substance violations

24 (a) DEFINITION.—In this section, ‘‘controlled substance’’ has the same

25 meaning given that term in section 102 of the Comprehensive Drug Abuse

26 Prevention and Control Act of 1970 (21 U.S.C. 802).

27 (b) REVOCATION.—(1) The Administrator of the Federal Aviation Admin28 istration shall issue an order revoking an airman certificate issued an indi29 vidual under section 44703 of this title after the individual is convicted,

30 under a law of the United States or a State related to a controlled sub31 stance (except a law related to simple possession of a controlled substance),

32 of an offense punishable by death or imprisonment for more than one year

33 if the Administrator finds that—

34 (A) an aircraft was used to commit, or facilitate the commission of,

35 the offense; and

36 (B) the individual served as an airman, or was on the aircraft, in

37 connection with committing, or facilitating the commission of, the of38 fense.

39 (2) The Administrator shall issue an order revoking an airman certificate

40 issued an individual under section 44703 of this title if the Administrator

41 finds that—
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1 (A) the individual knowingly carried out an activity punishable,

2 under a law of the United States or a State related to a controlled sub3 stance (except a law related to simple possession of a controlled sub4 stance), by death or imprisonment for more than one year;

5 (B) an aircraft was used to carry out or facilitate the activity; and

6 (C) the individual served as an airman, or was on the aircraft, in

7 connection with carrying out, or facilitating the carrying out of, the ac8 tivity.

9 (3) The Administrator has no authority under paragraph (1) of this sub10 section to review whether an airman violated a law of the United States or

11 a State related to a controlled substance.

12 (c) ADVICE TO HOLDERS AND OPPORTUNITY TO ANSWER.—Before the

13 Administrator revokes a certificate under subsection (b) of this section, the

14 Administrator must—

15 (1) advise the holder of the certificate of the charges or reasons on

16 which the Administrator relies for the proposed revocation; and

17 (2) provide the holder of the certificate an opportunity to answer the

18 charges and be heard why the certificate should not be revoked.

19 (d) APPEALS.—(1) An individual whose certificate is revoked by the Ad20 ministrator under subsection (b) of this section may appeal the revocation

21 order to the National Transportation Safety Board. The Board shall affirm

22 or reverse the order after providing notice and an opportunity for a hearing

23 on the record. When conducting the hearing, the Board is not bound by

24 findings of fact of the Administrator but shall be bound by all validly adopt25 ed interpretations of laws and regulations the Administrator carries out and

26 of written agency policy guidance available to the public related to sanctions

27 to be imposed under this section unless the Board finds an interpretation

28 is arbitrary, capricious, or otherwise not according to law.

29 (2) When an individual files an appeal with the Board under this sub30 section, the order of the Administrator revoking the certificate is stayed.

31 However, if the Administrator advises the Board that safety in air transpor32 tation or air commerce requires the immediate effectiveness of the order—

33 (A) the order remains effective; and

34 (B) the Board shall make a final disposition of the appeal not later

35 than 60 days after the Administrator so advises the Board.

36 (3) An individual substantially affected by an order of the Board under

37 this subsection, or the Administrator when the Administrator decides that

38 an order of the Board will have a significant adverse effect on carrying out

39 this part, may obtain judicial review of the order under section 46110 of

40 this title. The Administrator shall be made a party to the judicial review
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1 proceedings. Findings of fact of the Board are conclusive if supported by

2 substantial evidence.

3 (e) ACQUITTAL.—(1) The Administrator may not revoke, and the Board

4 may not affirm a revocation of, an airman certificate under subsection

5 (b)(2) of this section on the basis of an activity described in subsection

6 (b)(2)(A) if the holder of the certificate is acquitted of all charges related

7 to a controlled substance in an indictment or information arising from the

8 activity.

9 (2) If the Administrator has revoked an airman certificate under this sec10 tion because of an activity described in subsection (b)(2)(A) of this section,

11 the Administrator shall reissue a certificate to the individual if—

12 (A) the individual otherwise satisfies the requirements for a certifi13 cate under section 44703 of this title; and

14 (B)(i) the individual subsequently is acquitted of all charges related

15 to a controlled substance in an indictment or information arising from

16 the activity; or

17 (ii) the conviction on which a revocation under subsection (b)(1) of

18 this section is based is reversed.

19 (f) WAIVERS.—The Administrator may waive the requirement of sub20 section (b) of this section that an airman certificate of an individual be re21 voked if—

22 (1) a law enforcement official of the United States Government or

23 of a State requests a waiver; and

24 (2) the Administrator decides that the waiver will facilitate law en25 forcement efforts.

26 § 44711. Prohibitions and exemption

27 (a) PROHIBITIONS.—A person may not—

28 (1) operate a civil aircraft in air commerce without an airworthiness

29 certificate in effect or in violation of a term of the certificate;

30 (2) serve in any capacity as an airman with respect to a civil air31 craft, aircraft engine, propeller, or appliance used, or intended for use,

32 in air commerce—

33 (A) without an airman certificate authorizing the airman to

34 serve in the capacity for which the certificate was issued; or

35 (B) in violation of a term of the certificate or a regulation pre36 scribed or order issued under section 44701(a) or (b) or 44702–

37 44716 of this title;

38 (3) employ for service related to civil aircraft used in air commerce

39 an airman who does not have an airman certificate authorizing the air40 man to serve in the capacity for which the airman is employed;
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1 (4) operate as an air carrier without an air carrier operating certifi2 cate or in violation of a term of the certificate;

3 (5) operate aircraft in air commerce in violation of a regulation pre4 scribed or certificate issued under section 44701(a) or (b) or 44702–

5 44716 of this title;

6 (6) operate a seaplane or other aircraft of United States registry on

7 the high seas in violation of a regulation under section 3 of the Inter8 national Navigational Rules Act of 1977 (33 U.S.C. 1602);

9 (7) violate a term of an air agency or production certificate or a reg10 ulation prescribed or order issued under section 44701(a) or (b) or

11 44702–44716 of this title related to the holder of the certificate;

12 (8) operate an airport without an airport operating certificate re13 quired under section 44706 of this title or in violation of a term of the

14 certificate; or

15 (9) manufacture, deliver, sell, or offer for sale any aviation fuel or

16 additive in violation of a regulation prescribed under section 44714 of

17 this title.

18 (b) EXEMPTION.—On terms the Administrator of the Federal Aviation

19 Administration prescribes as being in the public interest, the Administrator

20 may exempt a foreign aircraft and airmen serving on the aircraft from sub21 section (a) of this section. However, an exemption from observing air traffic

22 regulations may not be granted.

23 § 44712. Emergency locator transmitters

24 (a) INSTALLATION.—An emergency locator transmitter must be installed

25 on a fixed-wing powered civil aircraft for use in air commerce.

26 (b) NONAPPLICATION.—Subsection (a) of this section does not apply to—

27 (1) turbojet-powered aircraft;

28 (2) aircraft when used in scheduled flights by scheduled air carriers

29 holding certificates issued by the Secretary of Transportation under

30 subpart II of this part;

31 (3) aircraft when used in training operations conducted entirely with32 in a 50 mile radius of the airport from which the training operations

33 begin;

34 (4) aircraft when used in flight operations related to design and test35 ing, the manufacture, preparation, and delivery of the aircraft, or the

36 aerial application of a substance for an agricultural purpose;

37 (5) aircraft holding certificates from the Administrator of the Fed38 eral Aviation Administration for research and development;

39 (6) aircraft when used for showing compliance with regulations, crew

40 training, exhibition, air racing, or market surveys; and

41 (7) aircraft equipped to carry only one individual.
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1 (c) REMOVAL.—The Administrator shall prescribe regulations specifying

2 the conditions under which an aircraft subject to subsection (a) of this sec3 tion may operate when its emergency locator transmitter has been removed

4 for inspection, repair, alteration, or replacement.

5 § 44713. Inspection and maintenance

6 (a) GENERAL EQUIPMENT REQUIREMENTS.—An air carrier shall make,

7 or cause to be made, any inspection, repair, or maintenance of equipment

8 used in air transportation as required by this part or regulations prescribed

9 or orders issued by the Administrator of the Federal Aviation Administra10 tion under this part. A person operating, inspecting, repairing, or maintain11 ing the equipment shall comply with those requirements, regulations, and

12 orders.

13 (b) DUTIES OF INSPECTORS.—The Administrator of the Federal Aviation

14 Administration shall employ inspectors who shall—

15 (1) inspect aircraft, aircraft engines, propellers, and appliances de16 signed for use in air transportation, during manufacture and when in

17 use by an air carrier in air transportation, to enable the Administrator

18 to decide whether the aircraft, aircraft engines, propellers, or appli19 ances are in safe condition and maintained properly; and

20 (2) advise and cooperate with the air carrier during that inspection

21 and maintenance.

22 (c) UNSAFE AIRCRAFT, ENGINES, PROPELLERS, AND APPLIANCES.—

23 When an inspector decides that an aircraft, aircraft engine, propeller, or ap24 pliance is not in condition for safe operation, the inspector shall notify the

25 air carrier in the form and way prescribed by the Administrator of the Fed26 eral Aviation Administration. For 5 days after the carrier is notified, the

27 aircraft, engine, propeller, or appliance may not be used in air transpor28 tation or in a way that endangers air transportation unless the Adminis29 trator or the inspector decides the aircraft, engine, propeller, or appliance

30 is in condition for safe operation.

31 (d) MODIFICATIONS IN SYSTEM.—(1) The Administrator of the Federal

32 Aviation Administration shall make modifications in the system for process33 ing forms for major repairs or alterations to fuel tanks and fuel systems

34 of aircraft not used to provide air transportation that are necessary to make

35 the system more effective in serving the needs of users of the system, in36 cluding officials responsible for enforcing laws related to the regulation of

37 controlled substances (as defined in section 102 of the Comprehensive Drug

38 Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)). The modifica39 tions shall address at least each of the following deficiencies in, and abuses

40 of, the existing system:
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1 (A) The lack of a special identification feature to allow the forms

2 to be distinguished easily from other major repair and alteration forms.

3 (B) The excessive period of time required to receive the forms at the

4 Airmen and Aircraft Registry of the Administration.

5 (C) The backlog of forms waiting for processing at the Registry.

6 (D) The lack of ready access by law enforcement officials to informa7 tion contained on the forms.

8 (2) The Administrator of the Federal Aviation Administration shall pre9 scribe regulations to carry out paragraph (1) of this subsection and provide

10 a written explanation of how the regulations address each of the deficiencies

11 and abuses described in paragraph (1). In prescribing the regulations, the

12 Administrator of the Federal Aviation Administration shall consult with the

13 Administrator of Drug Enforcement, the Commissioner of Customs, other

14 law enforcement officials of the United States Government, representatives

15 of State and local law enforcement officials, representatives of the general

16 aviation aircraft industry, representatives of users of general aviation air17 craft, and other interested persons.

18 § 44714. Aviation fuel standards

19 The Administrator of the Federal Aviation Administration shall pre20 scribe—

21 (1) standards for the composition or chemical or physical properties

22 of an aircraft fuel or fuel additive to control or eliminate aircraft emis23 sions the Administrator of the Environmental Protection Agency de24 cides under section 231 of the Clean Air Act (42 U.S.C. 7571) endan25 ger the public health or welfare; and

26 (2) regulations providing for carrying out and enforcing those stand27 ards.

28 § 44715. Controlling aircraft noise and sonic boom

29 (a) STANDARDS AND REGULATIONS.—(1) To relieve and protect the pub30 lic health and welfare from aircraft noise and sonic boom, the Administrator

31 of the Federal Aviation Administration shall prescribe—

32 (A) standards to measure aircraft noise and sonic boom; and

33 (B) regulations to control and abate aircraft noise and sonic boom.

34 (2) The Administrator of the Federal Aviation Administration may pre35 scribe standards and regulations under this subsection only after consulting

36 with the Administrator of the Environmental Protection Agency. The stand37 ards and regulations shall be applied when issuing, amending, modifying,

38 suspending, or revoking a certificate authorized under this chapter.

39 (3) An original type certificate may be issued under section 44704(a) of

40 this title for an aircraft for which substantial noise abatement can be

41 achieved only after the Administrator of the Federal Aviation Administra-
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1 tion prescribes standards and regulations under this section that apply to

2 that aircraft.

3 (b) CONSIDERATIONS AND CONSULTATION.—When prescribing a stand4 ard or regulation under this section, the Administrator of the Federal Avia5 tion Administration shall—

6 (1) consider relevant information related to aircraft noise and sonic

7 boom;

8 (2) consult with appropriate departments, agencies, and instrumen9 talities of the United States Government and State and interstate au10 thorities;

11 (3) consider whether the standard or regulation is consistent with

12 the highest degree of safety in air transportation or air commerce in

13 the public interest;

14 (4) consider whether the standard or regulation is economically rea15 sonable, technologically practicable, and appropriate for the applicable

16 aircraft, aircraft engine, appliance, or certificate; and

17 (5) consider the extent to which the standard or regulation will carry

18 out the purposes of this section.

19 (c) PROPOSED REGULATIONS OF ADMINISTRATOR OF ENVIRONMENTAL

20 PROTECTION AGENCY.—The Administrator of the Environmental Protection

21 Agency shall submit to the Administrator of the Federal Aviation Adminis22 tration proposed regulations to control and abate aircraft noise and sonic

23 boom (including control and abatement through the use of the authority of

24 the Administrator of the Federal Aviation Administration) that the Admin25 istrator of the Environmental Protection Agency considers necessary to pro26 tect the public health and welfare. The Administrator of the Federal Avia27 tion Administration shall consider those proposed regulations and shall pub28 lish them in a notice of proposed regulations not later than 30 days after

29 they are received. Not later than 60 days after publication, the Adminis30 trator of the Federal Aviation Administration shall begin a hearing at which

31 interested persons are given an opportunity for oral and written presen32 tations. Not later than 90 days after the hearing is completed and after con33 sulting with the Administrator of the Environmental Protection Agency, the

34 Administrator of the Federal Aviation Administration shall—

35 (1) prescribe regulations as provided by this section—

36 (A) substantially the same as the proposed regulations submit37 ted by the Administrator of the Environmental Protection Agency;

38 or

39 (B) that amend the proposed regulations; or

40 (2) publish in the Federal Register—
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1 (A) a notice that no regulation is being prescribed in response

2 to the proposed regulations of the Administrator of the Environ3 mental Protection Agency;

4 (B) a detailed analysis of, and response to, all information the

5 Administrator of the Environmental Protection Agency submitted

6 with the proposed regulations; and

7 (C) a detailed explanation of why no regulation is being pre8 scribed.

9 (d) CONSULTATION AND REPORTS.—(1) If the Administrator of the Envi10 ronmental Protection Agency believes that the action of the Administrator

11 of the Federal Aviation Administration under subsection (c)(1)(B) or (2) of

12 this section does not protect the public health and welfare from aircraft

13 noise or sonic boom, consistent with the considerations in subsection (b) of

14 this section, the Administrator of the Environmental Protection Agency

15 shall consult with the Administrator of the Federal Aviation Administration

16 and may request a report on the advisability of prescribing the regulation

17 as originally proposed. The request, including a detailed statement of the

18 information on which the request is based, shall be published in the Federal

19 Register.

20 (2) The Administrator of the Federal Aviation Administration shall re21 port to the Administrator of the Environmental Protection Agency within

22 the time, if any, specified in the request. However, the time specified must

23 be at least 90 days after the date of the request. The report shall—

24 (A) be accompanied by a detailed statement of the findings of the

25 Administrator of the Federal Aviation Administration and the reasons

26 for the findings;

27 (B) identify any statement related to an action under subsection (c)

28 of this section filed under section 102(2)(C) of the National Environ29 mental Policy Act of 1969 (42 U.S.C. 4332(2)(C));

30 (C) specify whether and where that statement is available for public

31 inspection; and

32 (D) be published in the Federal Register unless the request proposes

33 specific action by the Administrator of the Federal Aviation Adminis34 tration and the report indicates that action will be taken.

35 (e) SUPPLEMENTAL REPORTS.—The Administrator of the Environmental

36 Protection Agency may request the Administrator of the Federal Aviation

37 Administration to file a supplemental report if the report under subsection

38 (d) of this section indicates that the proposed regulations under subsection

39 (c) of this section, for which a statement under section 102(2)(C) of the

40 Act (42 U.S.C. 4332(2)(C)) is not required, should not be prescribed. The

41 supplemental report shall be published in the Federal Register within the
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1 time the Administrator of the Environmental Protection Agency specifies.

2 However, the time specified must be at least 90 days after the date of the

3 request. The supplemental report shall contain a comparison of the environ4 mental effects, including those that cannot be avoided, of the action of the

5 Administrator of the Federal Aviation Administration and the proposed reg6 ulations of the Administrator of the Environmental Protection Agency.

7 (f) EXEMPTIONS.—An exemption from a standard or regulation pre8 scribed under this section may be granted only if, before granting the ex9 emption, the Administrator of the Federal Aviation Administration consults

10 with the Administrator of the Environmental Protection Agency. However,

11 if the Administrator of the Federal Aviation Administration finds that safe12 ty in air transportation or air commerce requires an exemption before the

13 Administrator of the Environmental Protection Agency can be consulted,

14 the exemption may be granted. The Administrator of the Federal Aviation

15 Administration shall consult with the Administrator of the Environmental

16 Protection Agency as soon as practicable after the exemption is granted.

17 § 44716. Collision avoidance systems

18 (a) DEVELOPMENT AND CERTIFICATION.—The Administrator of the Fed19 eral Aviation Administration shall—

20 (1) complete the development of the collision avoidance system

21 known as TCAS–II so that TCAS–II can operate under visual and in22 strument flight rules and can be upgraded to the performance stand23 ards applicable to the collision avoidance system known as TCAS–III;

24 (2) develop and carry out a schedule for developing and certifying

25 TCAS–II that will result in certification not later than June 30, 1989;

26 and

27 (3) submit to Congress monthly reports on the progress being made

28 in developing and certifying TCAS–II.

29 (b) INSTALLATION AND OPERATION.—The Administrator shall require by

30 regulation that, not later than 30 months after the date certification is

31 made under subsection (a)(2) of this section, TCAS–II be installed and op32 erated on each civil aircraft that has a maximum passenger capacity of at

33 least 31 seats and is used to provide air transportation of passengers, in34 cluding intrastate air transportation of passengers. The Administrator may

35 extend the deadline in this subsection for not more than 2 years if the Ad36 ministrator finds the extension is necessary to promote—

37 (1) a safe and orderly transition to the operation of a fleet of civil

38 aircraft described in this subsection equipped with TCAS–II; or

39 (2) other safety objectives.

40 (c) OPERATIONAL EVALUATION.—Not later than December 30, 1990, the

41 Administrator shall establish a one-year program to collect and assess safety
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1 and operational information from civil aircraft equipped with TCAS–II for

2 the operational evaluation of TCAS–II. The Administrator shall encourage

3 foreign air carriers that operate civil aircraft equipped with TCAS–II to

4 participate in the program.

5 (d) AMENDING SCHEDULE FOR WINDSHEAR EQUIPMENT.—The Adminis6 trator shall consider the feasibility and desirability of amending the schedule

7 for installing airborne low-altitude windshear equipment to make the sched8 ule compatible with the schedule for installing TCAS–II.

9 (e) DEADLINE FOR DEVELOPMENT AND CERTIFICATION.—(1) The Ad10 ministrator shall complete developing and certifying TCAS–III as soon as

11 possible.

12 (2) Necessary amounts may be appropriated from the Airport and Airway

13 Trust Fund established under section 9502 of the Internal Revenue Code

14 of 1986 (26 U.S.C. 9502) to carry out this subsection.

15 (f) INSTALLING AND USING TRANSPONDERS.—The Administrator shall

16 prescribe regulations requiring that, not later than December 30, 1990, op17 erating transponders with automatic altitude reporting capability be in18 stalled and used for aircraft operating in designated terminal airspace where

19 radar service is provided for separation of aircraft. The Administrator may

20 provide for access to that airspace (except terminal control areas and air21 port radar service areas) by nonequipped aircraft if the Administrator finds

22 the access will not interfere with the normal traffic flow.

23 § 44717. Aging aircraft

24 (a) INSPECTIONS AND REVIEWS.—The Administrator of the Federal

25 Aviation Administration shall prescribe regulations that ensure the continu26 ing airworthiness of aging aircraft. The regulations prescribed under sub27 section (a) of this section—

28 (1) at least shall require the Administrator to make inspections, and

29 review the maintenance and other records, of each aircraft an air car30 rier uses to provide air transportation that the Administrator decides

31 may be necessary to enable the Administrator to decide whether the

32 aircraft is in safe condition and maintained properly for operation in

33 air transportation;

34 (2) at least shall require an air carrier to demonstrate to the Admin35 istrator, as part of the inspection, that maintenance of the aircraft’s

36 age-sensitive parts and components has been adequate and timely

37 enough to ensure the highest degree of safety;

38 (3) shall require the air carrier to make available to the Adminis39 trator the aircraft and any records about the aircraft that the Adminis40 trator requires to carry out a review; and
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1 (4) shall establish procedures to be followed in carrying out an in2 spection.

3 (b) WHEN AND HOW INSPECTIONS AND REVIEWS SHALL BE CARRIED

4 OUT.—(1) Inspections and reviews required under subsection (a)(1) of this

5 section shall be carried out as part of each heavy maintenance check of the

6 aircraft conducted after the 14th year in which the aircraft has been in

7 service.

8 (2) Inspections under subsection (a)(1) of this section shall be carried out

9 as provided under section 44701(a)(2)(B) and (C) of this title.

10 (c) AIRCRAFT MAINTENANCE SAFETY PROGRAMS.—The Administrator

11 shall establish—

12 (1) a program to verify that air carriers are maintaining their air13 craft according to maintenance programs approved by the Adminis14 trator;

15 (2) a program—

16 (A) to provide inspectors and engineers of the Administration

17 with training necessary to conduct auditing inspections of aircraft

18 operated by air carriers for corrosion and metal fatigue; and

19 (B) to enhance participation of those inspectors and engineers

20 in those inspections; and

21 (3) a program to ensure that air carriers demonstrate to the Admin22 istrator their commitment and technical competence to ensure the air23 worthiness of aircraft that the carriers operate.

24 (d) FOREIGN AIR TRANSPORTATION.—(1) The Administrator shall take

25 all possible steps to encourage governments of foreign countries and relevant

26 international organizations to develop standards and requirements for in27 spections and reviews that—

28 (A) will ensure the continuing airworthiness of aging aircraft used

29 by foreign air carriers to provide foreign air transportation to and from

30 the United States; and

31 (B) will provide passengers of those foreign air carriers with the

32 same level of safety that will be provided passengers of air carriers by

33 carrying out this section.

34 (2) Not later than September 30, 1994, the Administrator shall report

35 to Congress on carrying out this subsection.

36 § 44718. Structures interfering with air commerce

37 (a) NOTICE.—By regulation or by order when necessary, the Secretary

38 of Transportation shall require a person to give adequate public notice, in

39 the form and way the Secretary prescribes, of the construction, alteration,

40 establishment, or expansion, or the proposed construction, alteration, estab-
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1 lishment, or expansion, of a structure or sanitary landfill when the notice

2 will promote—

3 (1) safety in air commerce; and

4 (2) the efficient use and preservation of the navigable airspace and

5 of airport traffic capacity at public-use airports.

6 (b) STUDIES.—(1) Under regulations prescribed by the Secretary, if the

7 Secretary decides that constructing or altering a structure may result in an

8 obstruction of the navigable airspace or an interference with air navigation

9 facilities and equipment or the navigable airspace, the Secretary shall con10 duct an aeronautical study to decide the extent of any adverse impact on

11 the safe and efficient use of the airspace, facilities, or equipment. In con12 ducting the study, the Secretary shall consider factors relevant to the effi13 cient and effective use of the navigable airspace, including—

14 (A) the impact on arrival, departure, and en route procedures for

15 aircraft operating under visual flight rules;

16 (B) the impact on arrival, departure, and en route procedures for

17 aircraft operating under instrument flight rules;

18 (C) the impact on existing public-use airports and aeronautical facili19 ties;

20 (D) the impact on planned public-use airports and aeronautical fa21 cilities; and

22 (E) the cumulative impact resulting from the proposed construction

23 or alteration of a structure when combined with the impact of other

24 existing or proposed structures.

25 (2) On completing the study, the Secretary shall issue a report disclosing

26 completely the extent of the adverse impact on the safe and efficient use

27 of the navigable airspace that the Secretary finds will result from construct28 ing or altering the structure.

29 (c) BROADCAST APPLICATIONS AND TOWER STUDIES.—In carrying out

30 laws related to a broadcast application and conducting an aeronautical

31 study related to broadcast towers, the Administrator of the Federal Aviation

32 Administration and the Federal Communications Commission shall take ac33 tion necessary to coordinate efficiently—

34 (1) the receipt and consideration of, and action on, the application;

35 and

36 (2) the completion of any associated aeronautical study.

37 § 44719. Standards for navigational aids

38 The Secretary of Transportation shall prescribe regulations on standards

39 for installing navigational aids, including airport control towers. For each

40 type of facility, the regulations shall consider at a minimum traffic density

41 (number of aircraft operations without consideration of aircraft size), ter-
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1 rain and other obstacles to navigation, weather characteristics, passengers

2 served, and potential aircraft operating efficiencies.

3 § 44720. Meteorological services

4 (a) RECOMMENDATIONS.—The Administrator of the Federal Aviation Ad5 ministration shall make recommendations to the Secretary of Commerce on

6 providing meteorological services necessary for the safe and efficient move7 ment of aircraft in air commerce. In providing the services, the Secretary

8 shall cooperate with the Administrator and give complete consideration to

9 those recommendations.

10 (b) PROMOTING SAFETY AND EFFICIENCY.—To promote safety and effi11 ciency in air navigation to the highest possible degree, the Secretary shall—

12 (1) observe, measure, investigate, and study atmospheric phenomena,

13 and maintain meteorological stations and offices, that are necessary or

14 best suited for finding out in advance information about probable

15 weather conditions;

16 (2) provide reports to the Administrator to persons engaged in civil

17 aeronautics that are designated by the Administrator and to other per18 sons designated by the Secretary in a way and with a frequency that

19 best will result in safety in, and facilitating, air navigation;

20 (3) cooperate with persons engaged in air commerce in meteorologi21 cal services, maintain reciprocal arrangements with those persons in

22 carrying out this clause, and collect and distribute weather reports

23 available from aircraft in flight;

24 (4) maintain and coordinate international exchanges of meteorologi25 cal information required for the safety and efficiency of air navigation;

26 (5) in cooperation with other departments, agencies, and instrumen27 talities of the United States Government, meteorological services of for28 eign countries, and persons engaged in air commerce, participate in de29 veloping an international basic meteorological reporting network, in30 cluding the establishment, operation, and maintenance of reporting sta31 tions on the high seas, in polar regions, and in foreign countries;

32 (6) coordinate meteorological requirements in the United States to

33 maintain standard observations, to promote efficient use of facilities,

34 and to avoid duplication of services unless the duplication tends to pro35 mote the safety and efficiency of air navigation; and

36 (7) promote and develop meteorological science and foster and sup37 port research projects in meteorology through the use of private and

38 governmental research facilities and provide for publishing the results

39 of the projects unless publication would not be in the public interest.
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1 § 44721. Aeronautical maps and charts

2 (a) PUBLICATION.—(1) The Administrator of the Federal Aviation Ad3 ministration may arrange for the publication of aeronautical maps and

4 charts necessary for the safe and efficient movement of aircraft in air navi5 gation, using the facilities and assistance of departments, agencies, and in6 strumentalities of the United States Government as far as practicable.

7 (2) In carrying out paragraph (1) of this subsection, the Administrator

8 shall update and arrange for the publication of clearly defined routes for

9 navigating through a complex terminal airspace area and to and from an

10 airport located in such an area, if the Administrator decides that publication

11 of the routes would promote safety in air navigation. The routes shall be

12 developed in consultation with pilots and other users of affected airports

13 and shall be for the optional use of pilots operating under visual flight rules.

14 (b) INDEMNIFICATION.—The Government shall make an agreement to in15 demnify any person that publishes a map or chart for use in aeronautics

16 from any part of a claim arising out of the depiction by the person on the

17 map or chart of a defective or deficient flight procedure or airway if the

18 flight procedure or airway was—

19 (1) prescribed by the Administrator;

20 (2) depicted accurately on the map or chart; and

21 (3) not obviously defective or deficient.

22 § 44722. Aircraft operations in winter conditions

23 The Administrator of the Federal Aviation Administration shall prescribe

24 regulations requiring procedures to improve safety of aircraft operations

25 during winter conditions. In deciding on the procedures to be required, the

26 Administrator shall consider at least aircraft and air traffic control modi27 fications, the availability of different types of deicing fluids (considering

28 their efficacy and environmental limitations), the types of deicing equipment

29 available, and the feasibility and desirability of establishing timeframes

30 within which deicing must occur under certain types of inclement weather.

31 § 44723. Annual report

32 Not later than January 1 of each year, the Secretary of Transportation

33 shall submit to Congress a comprehensive report on the safety enforcement

34 activities of the Federal Aviation Administration during the fiscal year end35 ing the prior September 30th. The report shall include—

36 (1) a comparison of end-of-year staffing levels by operations, mainte37 nance, and avionics inspector categories to staffing goals and a state38 ment on how staffing standards were applied to make allocations be39 tween air carrier and general aviation operations, maintenance, and

40 avionics inspectors;
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1 (2) schedules showing the range of inspector experience by various

2 inspector work force categories, and the number of inspectors in each

3 of the categories who are considered fully qualified;

4 (3) schedules showing the number and percentage of inspectors who

5 have received mandatory training by individual course, and the number

6 of inspectors by work force categories, who have received all mandatory

7 training;

8 (4) a description of the criteria used to set annual work programs,

9 an explanation of how these criteria differ from criteria used in the

10 prior fiscal year and how the annual work programs ensure compliance

11 with appropriate regulations and safe operating practices;

12 (5) a comparison of actual inspections performed during the fiscal

13 year to the annual work programs by field location and, for any field

14 location completing less than 80 percent of its planned number of in15 spections, an explanation of why annual work program plans were not

16 met;

17 (6) a statement of the adequacy of Administration internal manage18 ment controls available to ensure that field managers comply with Ad19 ministration policies and procedures, including those on inspector prior20 ities, district office coordination, minimum inspection standards, and

21 inspection followup;

22 (7) the status of efforts made by the Administration to update in23 spector guidance documents and regulations to include technological,

24 management, and structural changes taking place in the aviation indus25 try, including a listing of the backlog of all proposed regulatory amend26 ments;

27 (8) a list of the specific operational measures of effectiveness used

28 to evaluate—

29 (A) the progress in meeting program objectives;

30 (B) the quality of program delivery; and

31 (C) the nature of emerging safety problems;

32 (9) a schedule showing the number of civil penalty cases closed dur33 ing the 2 prior fiscal years, including the total initial and final pen34 alties imposed, the total number of dollars collected, the range of dollar

35 amounts collected, the average case processing time, and the range of

36 case processing time;

37 (10) a schedule showing the number of enforcement actions taken

38 (except civil penalties) during the 2 prior fiscal years, including the

39 total number of violations cited, and the number of cited violation cases

40 closed by certificate suspensions, certificate revocations, warnings, and

41 no action taken; and
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1 (11) schedules showing the safety record of the aviation industry

2 during the fiscal year for air carriers and general aviation, including—

3 (A) the number of inspections performed when deficiencies were

4 identified compared with inspections when no deficiencies were

5 found;

6 (B) the frequency of safety deficiencies for each air carrier; and

7 (C) an analysis based on data of the general status of air car8 rier and general aviation compliance with aviation regulations.

9 CHAPTER 449—SECURITY

SUBCHAPTER I—REQUIREMENTS

Sec.

44901. Screening passengers and property.

44902. Refusal to transport passengers and property.

44903. Air transportation security.

44904. Domestic air transportation system security.

44905. Information about threats to civil aviation.

44906. Foreign air carrier security programs.

44907. Security standards at foreign airports.

44908. Travel advisory and suspension of foreign assistance.

44909. Passenger manifests.

44910. Agreements on aircraft sabotage, aircraft hijacking, and airport security.

44911. Intelligence.

44912. Research and development.

44913. Explosive detection.

44914. Airport construction guidelines.

44915. Exemptions.

SUBCHAPTER II—ADMINISTRATION AND PERSONNEL

44931. Director of Intelligence and Security.

44932. Assistant Administrator for Civil Aviation Security.

44933. Federal Security Managers.

44934. Foreign Security Liaison Officers.

44935. Employment standards and training.

44936. Employment investigations and restrictions.

44937. Prohibition on transferring duties and powers.

44938. Reports.

10 SUBCHAPTER I—REQUIREMENTS

11 § 44901. Screening passengers and property

12 (a) GENERAL REQUIREMENTS.—The Administrator of the Federal Avia13 tion Administration shall prescribe regulations requiring screening of all

14 passengers and property that will be carried in a cabin of an aircraft in air

15 transportation or intrastate air transportation. The screening must take

16 place before boarding and be carried out by a weapon-detecting facility or

17 procedure used or operated by an employee or agent of an air carrier, intra18 state air carrier, or foreign air carrier.

19 (b) AMENDING REGULATIONS.—Notwithstanding subsection (a) of this

20 section, the Administrator may amend a regulation prescribed under sub21 section (a) to require screening only to ensure security against criminal vio22 lence and aircraft piracy in air transportation and intrastate air transpor23 tation.
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1 (c) EXEMPTIONS AND ADVISING CONGRESS ON REGULATIONS.—The Ad2 ministrator—

3 (1) may exempt from this section air transportation operations, ex4 cept scheduled passenger operations of an air carrier providing air

5 transportation under a certificate issued under section 41102 of this

6 title or a permit issued under section 41302 of this title; and

7 (2) shall advise Congress of a regulation to be prescribed under this

8 section at least 30 days before the effective date of the regulation, un9 less the Administrator decides an emergency exists requiring the regu10 lation to become effective in fewer than 30 days and notifies Congress

11 of that decision.

12 § 44902. Refusal to transport passengers and property

13 (a) MANDATORY REFUSAL.—The Administrator of the Federal Aviation

14 Administration shall prescribe regulations requiring an air carrier, intra15 state air carrier, or foreign air carrier to refuse to transport—

16 (1) a passenger who does not consent to a search under section

17 44901(a) of this title establishing whether the passenger is carrying

18 unlawfully a dangerous weapon, explosive, or other destructive sub19 stance; or

20 (2) property of a passenger who does not consent to a search of the

21 property establishing whether the property unlawfully contains a dan22 gerous weapon, explosive, or other destructive substance.

23 (b) PERMISSIVE REFUSAL.—Subject to regulations of the Administrator,

24 an air carrier, intrastate air carrier, or foreign air carrier may refuse to

25 transport a passenger or property the carrier decides is, or might be, inimi26 cal to safety.

27 (c) AGREEING TO CONSENT TO SEARCH.—An agreement to carry pas28 sengers or property in air transportation or intrastate air transportation by

29 an air carrier, intrastate air carrier, or foreign air carrier is deemed to in30 clude an agreement that the passenger or property will not be carried if con31 sent to search the passenger or property for a purpose referred to in this

32 section is not given.

33 § 44903. Air transportation security

34 (a) DEFINITION.—In this section, ‘‘law enforcement personnel’’ means in35 dividuals—

36 (1) authorized to carry and use firearms;

37 (2) vested with the degree of the police power of arrest the Adminis38 trator of the Federal Aviation Administration considers necessary to

39 carry out this section; and

40 (3) identifiable by appropriate indicia of authority.
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1 (b) PROTECTION AGAINST VIOLENCE AND PIRACY.—The Administrator

2 shall prescribe regulations to protect passengers and property on an aircraft

3 operating in air transportation or intrastate air transportation against an

4 act of criminal violence or aircraft piracy. When prescribing a regulation

5 under this subsection, the Administrator shall—

6 (1) consult with the Secretary of Transportation, the Attorney Gen7 eral, the heads of other departments, agencies, and instrumentalities of

8 the United States Government, and State and local authorities;

9 (2) consider whether a proposed regulation is consistent with—

10 (A) protecting passengers; and

11 (B) the public interest in promoting air transportation and

12 intrastate air transportation;

13 (3) to the maximum extent practicable, require a uniform procedure

14 for searching and detaining passengers and property to ensure—

15 (A) their safety; and

16 (B) courteous and efficient treatment by an air carrier, an

17 agent or employee of an air carrier, and Government, State, and

18 local law enforcement personnel carrying out this section; and

19 (4) consider the extent to which a proposed regulation will carry out

20 this section.

21 (c) SECURITY PROGRAMS.—(1) The Administrator shall prescribe regula22 tions under subsection (b) of this section that require each operator of an

23 airport regularly serving an air carrier holding a certificate issued by the

24 Secretary of Transportation to establish an air transportation security pro25 gram that provides a law enforcement presence and capability at each of

26 those airports that is adequate to ensure the safety of passengers. The regu27 lations shall authorize the operator to use the services of qualified State,

28 local, and private law enforcement personnel. When the Administrator de29 cides, after being notified by an operator in the form the Administrator pre30 scribes, that not enough qualified State, local, and private law enforcement

31 personnel are available to carry out subsection (b), the Administrator may

32 authorize the operator to use, on a reimbursable basis, personnel employed

33 by the Administrator, or by another department, agency, or instrumentality

34 of the Government with the consent of the head of the department, agency,

35 or instrumentality, to supplement State, local, and private law enforcement

36 personnel. When deciding whether additional personnel are needed, the Ad37 ministrator shall consider the number of passengers boarded at the airport,

38 the extent of anticipated risk of criminal violence or aircraft piracy at the

39 airport or to the air carrier aircraft operations at the airport, and the avail40 ability of qualified State or local law enforcement personnel at the airport.
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1 (2)(A) The Administrator may approve a security program of an airport

2 operator, or an amendment in an existing program, that incorporates a se3 curity program of an airport tenant (except an air carrier separately com4 plying with part 108 or 129 of title 14, Code of Federal Regulations) having

5 access to a secured area of the airport, if the program or amendment incor6 porates—

7 (i) the measures the tenant will use, within the tenant’s leased areas

8 or areas designated for the tenant’s exclusive use under an agreement

9 with the airport operator, to carry out the security requirements im10 posed by the Administrator on the airport operator under the access

11 control system requirements of section 107.14 of title 14, Code of Fed12 eral Regulations, or under other requirements of part 107 of title 14;

13 and

14 (ii) the methods the airport operator will use to monitor and audit

15 the tenant’s compliance with the security requirements and provides

16 that the tenant will be required to pay monetary penalties to the air17 port operator if the tenant fails to carry out a security requirement

18 under a contractual provision or requirement imposed by the airport

19 operator.

20 (B) If the Administrator approves a program or amendment described in

21 subparagraph (A) of this paragraph, the airport operator may not be found

22 to be in violation of a requirement of this subsection or subsection (b) of

23 this section when the airport operator demonstrates that the tenant or an

24 employee, permittee, or invitee of the tenant is responsible for the violation

25 and that the airport operator has complied with all measures in its security

26 program for securing compliance with its security program by the tenant.

27 (d) AUTHORIZING INDIVIDUALS TO CARRY FIREARMS AND MAKE AR28 RESTS.—With the approval of the Attorney General and the Secretary of

29 State, the Secretary of Transportation may authorize an individual who car30 ries out air transportation security duties—

31 (1) to carry firearms; and

32 (2) to make arrests without warrant for an offense against the Unit33 ed States committed in the presence of the individual or for a felony

34 under the laws of the United States, if the individual reasonably be35 lieves the individual to be arrested has committed or is committing a

36 felony.

37 (e) EXCLUSIVE RESPONSIBILITY OVER PASSENGER SAFETY.—The Ad38 ministrator has the exclusive responsibility to direct law enforcement activity

39 related to the safety of passengers on an aircraft involved in an offense

40 under section 46502 of this title from the moment all external doors of the

41 aircraft are closed following boarding until those doors are opened to allow
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1 passengers to leave the aircraft. When requested by the Administrator,

2 other departments, agencies, and instrumentalities of the Government shall

3 provide assistance necessary to carry out this subsection.

4 § 44904. Domestic air transportation system security

5 (a) ASSESSING THREATS.—The Administrator of the Federal Aviation

6 Administration and the Director of the Federal Bureau of Investigation

7 jointly shall assess current and potential threats to the domestic air trans8 portation system. The assessment shall include consideration of the extent

9 to which there are individuals with the capability and intent to carry out

10 terrorist or related unlawful acts against that system and the ways in which

11 those individuals might carry out those acts. The Administrator and the Di12 rector jointly shall decide on and carry out the most effective method for

13 continuous analysis and monitoring of security threats to that system.

14 (b) ASSESSING SECURITY.—In coordination with the Director, the Ad15 ministrator shall carry out periodic threat and vulnerability assessments on

16 security at each airport that is part of the domestic air transportation sys17 tem. Each assessment shall include consideration of—

18 (1) the adequacy of security procedures related to the handling and

19 transportation of checked baggage and cargo;

20 (2) space requirements for security personnel and equipment;

21 (3) separation of screened and unscreened passengers, baggage, and

22 cargo;

23 (4) separation of the controlled and uncontrolled areas of airport fa24 cilities; and

25 (5) coordination of the activities of security personnel of the Admin26 istration, the United States Customs Service, the Immigration and

27 Naturalization Service, and air carriers, and of other law enforcement

28 personnel.

29 (c) IMPROVING SECURITY.—The Administrator shall take necessary ac30 tions to improve domestic air transportation security by correcting any defi31 ciencies in that security discovered in the assessments, analyses, and mon32 itoring carried out under this section.

33 § 44905. Information about threats to civil aviation

34 (a) PROVIDING INFORMATION.—Under guidelines the Secretary of Trans35 portation prescribes, an air carrier, airport operator, ticket agent, or indi36 vidual employed by an air carrier, airport operator, or ticket agent, receiving

37 information (except a communication directed by the United States Govern38 ment) about a threat to civil aviation shall provide the information promptly

39 to the Secretary.

40 (b) FLIGHT CANCELLATION.—If a decision is made that a particular

41 threat cannot be addressed in a way adequate to ensure, to the extent fea-
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1 sible, the safety of passengers and crew of a particular flight or series of

2 flights, the Administrator of the Federal Aviation Administration shall can3 cel the flight or series of flights.

4 (c) GUIDELINES ON PUBLIC NOTICE.—(1) The President shall develop

5 guidelines for ensuring that public notice is provided in appropriate cases

6 about threats to civil aviation. The guidelines shall identify officials respon7 sible for—

8 (A) deciding, on a case-by-case basis, if public notice of a threat is

9 in the best interest of the United States and the traveling public;

10 (B) ensuring that public notice is provided in a timely and effective

11 way, including the use of a toll-free telephone number; and

12 (C) canceling the departure of a flight or series of flights under sub13 section (b) of this section.

14 (2) The guidelines shall provide for consideration of—

15 (A) the specificity of the threat;

16 (B) the credibility of intelligence information related to the threat;

17 (C) the ability to counter the threat effectively;

18 (D) the protection of intelligence information sources and methods;

19 (E) cancellation, by an air carrier or the Administrator, of a flight

20 or series of flights instead of public notice;

21 (F) the ability of passengers and crew to take steps to reduce the

22 risk to their safety after receiving public notice of a threat; and

23 (G) other factors the Administrator considers appropriate.

24 (d) GUIDELINES ON NOTICE TO CREWS.—The Administrator shall de25 velop guidelines for ensuring that notice in appropriate cases of threats to

26 the security of an air carrier flight is provided to the flight crew and cabin

27 crew of that flight.

28 (e) LIMITATION ON NOTICE TO SELECTIVE TRAVELERS.—Notice of a

29 threat to civil aviation may be provided to selective potential travelers only

30 if the threat applies only to those travelers.

31 (f) RESTRICTING ACCESS TO INFORMATION.—In cooperation with the de32 partments, agencies, and instrumentalities of the Government that collect,

33 receive, and analyze intelligence information related to aviation security, the

34 Administrator shall develop procedures to minimize the number of individ35 uals who have access to information about threats. However, a restriction

36 on access to that information may be imposed only if the restriction does

37 not diminish the ability of the Government to carry out its duties and pow38 ers related to aviation security effectively, including providing notice to the

39 public and flight and cabin crews under this section.

40 (g) DISTRIBUTION OF GUIDELINES.—The guidelines developed under this

41 section shall be distributed for use by appropriate officials of the Depart-
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1 ment of Transportation, the Department of State, the Department of

2 Justice, and air carriers.

3 § 44906. Foreign air carrier security programs

4 The Administrator of the Federal Aviation Administration shall continue

5 in effect the requirement of section 129.25 of title 14, Code of Federal Reg6 ulations, that a foreign air carrier must adopt and use a security program

7 approved by the Administrator. The Administrator may approve a security

8 program of a foreign air carrier under section 129.25 only if the Adminis9 trator decides the security program provides passengers of the foreign air

10 carrier a level of protection similar to the level those passengers would re11 ceive under the security programs of air carriers serving the same airport.

12 The Administrator shall require a foreign air carrier to use procedures

13 equivalent to those required of air carriers serving the same airport if the

14 Administrator decides that the procedures are necessary to provide a level

15 of protection similar to that provided passengers of the air carriers serving

16 the same airport. The Administrator shall prescribe regulations to carry out

17 this section.

18 § 44907. Security standards at foreign airports

19 (a) ASSESSMENT.—(1) At intervals the Secretary of Transportation con20 siders necessary, the Secretary shall assess the effectiveness of the security

21 measures maintained at—

22 (A) a foreign airport—

23 (i) served by an air carrier;

24 (ii) from which a foreign air carrier serves the United States;

25 or

26 (iii) that poses a high risk of introducing danger to inter27 national air travel; and

28 (B) other foreign airports the Secretary considers appropriate.

29 (2) The Secretary of Transportation shall conduct an assessment under

30 paragraph (1) of this subsection—

31 (A) in consultation with appropriate aeronautic authorities of the

32 government of a foreign country concerned and each air carrier serving

33 the foreign airport for which the Secretary is conducting the assess34 ment;

35 (B) to establish the extent to which a foreign airport effectively

36 maintains and carries out security measures; and

37 (C) by using a standard that will result in an analysis of the security

38 measures at the airport based at least on the standards and appro39 priate recommended practices contained in Annex 17 to the Convention

40 on International Civil Aviation in effect on the date of the assessment.
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1 (3) Each report to Congress required under section 44938(b) of this title

2 shall contain a summary of the assessments conducted under this sub3 section.

4 (b) CONSULTATION.—In carrying out subsection (a) of this section, the

5 Secretary of Transportation shall consult with the Secretary of State—

6 (1) on the terrorist threat that exists in each country; and

7 (2) to establish which foreign airports are not under the de facto

8 control of the government of the foreign country in which they are lo9 cated and pose a high risk of introducing danger to international air

10 travel.

11 (c) NOTIFYING FOREIGN AUTHORITIES.—When the Secretary of Trans12 portation, after conducting an assessment under subsection (a) of this sec13 tion, decides that an airport does not maintain and carry out effective secu14 rity measures, the Secretary of Transportation, after advising the Secretary

15 of State, shall notify the appropriate authorities of the government of the

16 foreign country of the decision and recommend the steps necessary to bring

17 the security measures in use at the airport up to the standard used by the

18 Secretary of Transportation in making the assessment.

19 (d) ACTIONS WHEN AIRPORTS NOT MAINTAINING AND CARRYING OUT

20 EFFECTIVE SECURITY MEASURES.—(1) When the Secretary of Transpor21 tation decides under this section that an airport does not maintain and

22 carry out effective security measures—

23 (A) the Secretary of Transportation shall—

24 (i) publish the identity of the airport in the Federal Register;

25 (ii) have the identity of the airport posted and displayed promi26 nently at all United States airports at which scheduled air carrier

27 operations are provided regularly; and

28 (iii) notify the news media of the identity of the airport;

29 (B) each air carrier and foreign air carrier providing transportation

30 between the United States and the airport shall provide written notice

31 of the decision, on or with the ticket, to each passenger buying a ticket

32 for transportation between the United States and the airport;

33 (C) notwithstanding section 40105(b) of this title, the Secretary of

34 Transportation, after consulting with the appropriate aeronautic au35 thorities of the foreign country concerned and each air carrier serving

36 the airport and with the approval of the Secretary of State, may with37 hold, revoke, or prescribe conditions on the operating authority of an

38 air carrier or foreign air carrier that uses that airport to provide

39 foreign air transportation; and

40 (D) the President may prohibit an air carrier or foreign air carrier

41 from providing transportation between the United States and any other
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1 foreign airport that is served by aircraft flying to or from the airport

2 with respect to which a decision is made under this section.

3 (2)(A) Paragraph (1) of this subsection becomes effective—

4 (i) 90 days after the government of a foreign country is notified

5 under subsection (c) of this section if the Secretary of Transportation

6 finds that the government has not brought the security measures at the

7 airport up to the standard the Secretary used in making an assessment

8 under subsection (a) of this section; or

9 (ii) immediately on the decision of the Secretary of Transportation

10 under subsection (c) of this section if the Secretary of Transportation

11 decides, after consulting with the Secretary of State, that a condition

12 exists that threatens the safety or security of passengers, aircraft, or

13 crew traveling to or from the airport.

14 (B) The Secretary of Transportation immediately shall notify the Sec15 retary of State of a decision under subparagraph (A)(ii) of this paragraph

16 so that the Secretary of State may issue a travel advisory required under

17 section 44908(a) of this title.

18 (3) The Secretary of Transportation promptly shall submit to Congress

19 a report (and classified annex if necessary) on action taken under paragraph

20 (1) or (2) of this subsection, including information on attempts made to ob21 tain the cooperation of the government of a foreign country in meeting the

22 standard the Secretary used in assessing the airport under subsection (a)

23 of this section.

24 (4) An action required under paragraph (1)(A) and (B) of this subsection

25 is no longer required only if the Secretary of Transportation, in consultation

26 with the Secretary of State, decides that effective security measures are

27 maintained and carried out at the airport. The Secretary of Transportation

28 shall notify Congress when the action is no longer required to be taken.

29 (e) SUSPENSIONS.—Notwithstanding sections 40105(b) and 40106(b) of

30 this title, the Secretary of Transportation, with the approval of the Sec31 retary of State and without notice or a hearing, shall suspend the right of

32 an air carrier or foreign air carrier to provide foreign air transportation,

33 and the right of a person to operate aircraft in foreign air commerce, to

34 or from a foreign airport when the Secretary of Transportation decides

35 that—

36 (1) a condition exists that threatens the safety or security of pas37 sengers, aircraft, or crew traveling to or from that airport; and

38 (2) the public interest requires an immediate suspension of transpor39 tation between the United States and that airport.
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1 (f) CONDITION OF CARRIER AUTHORITY.—This section is a condition to

2 authority the Secretary of Transportation grants under this part to an air

3 carrier or foreign air carrier.

4 § 44908. Travel advisory and suspension of foreign assist5 ance

6 (a) TRAVEL ADVISORIES.—On being notified by the Secretary of Trans7 portation that the Secretary of Transportation has decided under section

8 44907(d)(2)(A)(ii) of this title that a condition exists that threatens the

9 safety or security of passengers, aircraft, or crew traveling to or from a for10 eign airport that the Secretary of Transportation has decided under section

11 44907 of this title does not maintain and carry out effective security meas12 ures, the Secretary of State—

13 (1) immediately shall issue a travel advisory for that airport;

14 (2) shall publish the advisory in the Federal Register; and

15 (3) shall publicize the advisory widely.

16 (b) SUSPENDING ASSISTANCE.—The President shall suspend assistance

17 provided under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)

18 or the Arms Export Control Act (22 U.S.C. 2751 et seq.) to a country in

19 which is located an airport with respect to which section 44907(d)(1) of this

20 title becomes effective if the Secretary of State decides the country is a high

21 terrorist threat country. The President may waive this subsection if the

22 President decides, and reports to Congress, that the waiver is required be23 cause of national security interests or a humanitarian emergency.

24 (c) ACTIONS NO LONGER REQUIRED.—An action required under this sec25 tion is no longer required only if the Secretary of Transportation has made

26 a decision as provided under section 44907(d)(4) of this title. The Secretary

27 shall notify Congress when the action is no longer required to be taken.

28 § 44909. Passenger manifests

29 (a) AIR CARRIER REQUIREMENTS.—(1) Not later than March 16, 1991,

30 the Secretary of Transportation shall require each air carrier to provide a

31 passenger manifest for a flight to an appropriate representative of the Sec32 retary of State—

33 (A) not later than one hour after that carrier is notified of an avia34 tion disaster outside the United States involving that flight; or

35 (B) if it is not technologically feasible or reasonable to comply with

36 clause (A) of this paragraph, then as expeditiously as possible, but not

37 later than 3 hours after the carrier is so notified.

38 (2) The passenger manifest shall include the following information:

39 (A) the full name of each passenger.

40 (B) the passport number of each passenger, if required for travel.

41 (C) the name and telephone number of a contact for each passenger.
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1 (3) In carrying out this subsection, the Secretary of Transportation shall

2 consider the necessity and feasibility of requiring air carriers to collect pas3 senger manifest information as a condition for passengers boarding a flight

4 of the carrier.

5 (b) FOREIGN AIR CARRIER REQUIREMENTS.—The Secretary of Transpor6 tation shall consider imposing a requirement on foreign air carriers com7 parable to that imposed on air carriers under subsection (a) (1) and (2) of

8 this section.

9 § 44910. Agreements on aircraft sabotage, aircraft hijacking,

10 and airport security

11 The Secretary of State shall seek multilateral and bilateral agreement on

12 strengthening enforcement measures and standards for compliance related

13 to aircraft sabotage, aircraft hijacking, and airport security.

14 § 44911. Intelligence

15 (a) DEFINITION.—In this section, ‘‘intelligence community’’ means the in16 telligence and intelligence-related activities of the following units of the

17 United States Government:

18 (1) the Department of State.

19 (2) the Department of Defense.

20 (3) the Department of the Treasury.

21 (4) the Department of Energy.

22 (5) the Departments of the Army, Navy, and Air Force.

23 (6) the Central Intelligence Agency.

24 (7) the National Security Agency.

25 (8) the Defense Intelligence Agency.

26 (9) the Federal Bureau of Investigation.

27 (10) the Drug Enforcement Administration.

28 (b) POLICIES AND PROCEDURES ON REPORT AVAILABILITY.—The head

29 of each unit in the intelligence community shall prescribe policies and proce30 dures to ensure that intelligence reports about international terrorism are

31 made available, as appropriate, to the heads of other units in the intel32 ligence community, the Secretary of Transportation, and the Administrator

33 of the Federal Aviation Administration.

34 (c) UNIT FOR STRATEGIC PLANNING ON TERRORISM.—The heads of the

35 units in the intelligence community shall consider placing greater emphasis

36 on strategic intelligence efforts by establishing a unit for strategic planning

37 on terrorism.

38 (d) DESIGNATION OF INTELLIGENCE OFFICER.—At the request of the

39 Secretary, the Director of Central Intelligence shall designate at least one

40 intelligence officer of the Central Intelligence Agency to serve in a senior

41 position in the Office of the Secretary.
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1 (e) WRITTEN WORKING AGREEMENTS.—The heads of units in the intel2 ligence community, the Secretary, and the Administrator shall review and,

3 as appropriate, revise written working agreements between the intelligence

4 community and the Administrator.

5 § 44912. Research and development

6 (a) PROGRAM REQUIREMENT.—(1) The Administrator of the Federal

7 Aviation Administration shall establish and carry out a program to acceler8 ate and expand the research, development, and implementation of tech9 nologies and procedures to counteract terrorist acts against civil aviation.

10 The program shall provide for developing and having in place, not later than

11 November 16, 1993, new equipment and procedures necessary to meet the

12 technological challenges presented by terrorism. The program shall include

13 research on, and development of, technological improvements and ways to

14 enhance human performance.

15 (2) In designing and carrying out the program established under this sub16 section, the Administrator shall—

17 (A) consult and coordinate activities with other departments, agen18 cies, and instrumentalities of the United States Government doing

19 similar research;

20 (B) identify departments, agencies, and instrumentalities that would

21 benefit from that research; and

22 (C) seek cost-sharing agreements with those departments, agencies,

23 and instrumentalities.

24 (3) In carrying out the program established under this subsection, the

25 Administrator shall review and consider the annual reports the Secretary of

26 Transportation submits to Congress on transportation security and intel27 ligence.

28 (4) The Administrator may—

29 (A) make grants to institutions of higher learning and other appro30 priate research facilities with demonstrated ability to carry out research

31 described in paragraph (1) of this subsection, and fix the amounts and

32 terms of the grants; and

33 (B) make cooperative agreements with governmental authorities the

34 Administrator decides are appropriate.

35 (b) REVIEW OF THREATS.—(1) The Administrator shall complete an in36 tensive review of threats to civil aviation, with particular focus on—

37 (A) explosive material that presents the most significant threat to

38 civil aircraft;

39 (B) the minimum amounts, configurations, and types of explosive

40 material that can cause, or would reasonably be expected to cause, cat-
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1 astrophic damage to commercial aircraft in service and expected to be

2 in service in the 10-year period beginning on November, 16, 1990;

3 (C) the amounts, configurations, and types of explosive material that

4 can be detected reliably by existing, or reasonably anticipated, near5 term explosive detection technologies;

6 (D) the feasibility of using various ways to minimize damage caused

7 by explosive material that cannot be detected reliably by existing, or

8 reasonably anticipated, near-term explosive detection technologies;

9 (E) the ability to screen passengers, carry-on baggage, checked bag10 gage, and cargo; and

11 (F) the technologies that might be used in the future to attempt to

12 destroy or otherwise threaten commercial aircraft and the way in which

13 those technologies can be countered effectively.

14 (2) The Administrator shall use the results of the review under this sub15 section to develop the focus and priorities of the program established under

16 subsection (a) of this section.

17 (c) SCIENTIFIC ADVISORY PANEL.—The Administrator shall establish a

18 scientific advisory panel, as a subcommittee of the Research, Engineering

19 and Development Advisory Committee, to review, comment on, advise on the

20 progress of, and recommend modifications in, the program established under

21 subsection (a) of this section, including the need for long-range research

22 programs to detect and prevent catastrophic damage to commercial aircraft

23 by the next generation of terrorist weapons. The panel shall consist of indi24 viduals with scientific and technical expertise in—

25 (1) the development and testing of effective explosive detection sys26 tems;

27 (2) aircraft structure and experimentation to decide on the type and

28 minimum weights of explosives that an effective technology must be ca29 pable of detecting;

30 (3) technologies involved in minimizing airframe damage to aircraft

31 from explosives; and

32 (4) other scientific and technical areas the Administrator considers

33 appropriate.

34 § 44913. Explosive detection

35 (a) DEPLOYMENT AND PURCHASE OF EQUIPMENT.—(1) A deployment or

36 purchase of explosive detection equipment under section 108.7(b)(8) or

37 108.20 of title 14, Code of Federal Regulations, or similar regulation is re38 quired only if the Administrator of the Federal Aviation Administration cer39 tifies that the equipment alone, or as part of an integrated system, can de40 tect under realistic air carrier operating conditions the amounts, configura41 tions, and types of explosive material that would likely be used to cause cat-
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1 astrophic damage to commercial aircraft. The Administrator shall base the

2 certification on the results of tests conducted under protocols developed in

3 consultation with expert scientists outside of the Administration. Those tests

4 shall be completed not later than April 16, 1992.

5 (2) Before completion of the tests described in paragraph (1) of this sub6 section, but not later than April 16, 1992, the Administrator may require

7 deployment of explosive detection equipment described in paragraph (1) if

8 the Administrator decides that deployment will enhance aviation security

9 significantly. In making that decision, the Administrator shall consider fac10 tors such as the ability of the equipment alone, or as part of an integrated

11 system, to detect under realistic air carrier operating conditions the

12 amounts, configurations, and types of explosive material that would likely

13 be used to cause catastrophic damage to commercial aircraft. The Adminis14 trator shall notify the Committee on Commerce, Science, and Transpor15 tation of the Senate and the Committee on Public Works and Transpor16 tation of the House of Representatives of a deployment decision made under

17 this paragraph.

18 (3) This subsection does not prohibit the Administrator from purchasing

19 or deploying explosive detection equipment described in paragraph (1) of

20 this subsection.

21 (b) GRANTS.—The Secretary of Transportation may provide grants to

22 continue the Explosive Detection K-9 Team Training Program to detect

23 explosives at airports and on aircraft.

24 § 44914. Airport construction guidelines

25 In consultation with air carriers, airport authorities, and others the Ad26 ministrator of the Federal Aviation Administration considers appropriate,

27 the Administrator shall develop guidelines for airport design and construc28 tion to allow for maximum security enhancement. In developing the guide29 lines, the Administrator shall consider the results of the assessment carried

30 out under section 44904(a) of this title.

31 § 44915. Exemptions

32 The Administrator of the Federal Aviation Administration may exempt

33 from sections 44901, 44903(a)–(c) and (e), 44906, 44935, and 44936 of

34 this title airports in Alaska served only by air carriers that—

35 (1) hold certificates issued under section 41102 of this title;

36 (2) operate aircraft with certificates for a maximum gross takeoff

37 weight of less than 12,500 pounds; and

38 (3) board passengers, or load property intended to be carried in an

39 aircraft cabin, that will be screened under section 44901 of this title

40 at another airport in Alaska before the passengers board, or the prop41 erty is loaded on, an aircraft for a place outside Alaska.
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1 SUBCHAPTER II—ADMINISTRATION AND PERSONNEL

2 § 44931. Director of Intelligence and Security

3 (a) ORGANIZATION.—There is in the Office of the Secretary of Transpor4 tation a Director of Intelligence and Security. The Director reports directly

5 to the Secretary.

6 (b) DUTIES AND POWERS.—The Director shall—

7 (1) receive, assess, and distribute intelligence information related to

8 long-term transportation security;

9 (2) develop policies, strategies, and plans for dealing with threats to

10 transportation security;

11 (3) make other plans related to transportation security, including co12 ordinating countermeasures with appropriate departments, agencies,

13 and instrumentalities of the United States Government;

14 (4) serve as the primary liaison of the Secretary to the intelligence

15 and law enforcement communities; and

16 (5) carry out other duties and powers the Secretary decides are nec17 essary to ensure, to the extent possible, the security of the traveling

18 public.

19 § 44932. Assistant Administrator for Civil Aviation Security

20 (a) ORGANIZATION.—There is an Assistant Administrator for Civil Avia21 tion Security. The Assistant Administrator reports directly to the Adminis22 trator of the Federal Aviation Administration and is subject to the authority

23 of the Administrator.

24 (b) DUTIES AND POWERS.—The Assistant Administrator shall—

25 (1) on a day-to-day basis, manage and provide operational guidance

26 to the field security resources of the Administration, including Federal

27 Security Managers as provided by section 44933 of this title;

28 (2) enforce security-related requirements;

29 (3) identify the research and development requirements of security30 related activities;

31 (4) inspect security systems;

32 (5) report information to the Director of Intelligence and Security

33 that may be necessary to allow the Director to carry out assigned du34 ties and powers;

35 (6) assess threats to civil aviation; and

36 (7) carry out other duties and powers the Administrator considers

37 appropriate.

38 (c) REVIEW AND DEVELOPMENT OF WAYS TO STRENGTHEN SECU39 RITY.—The Assistant Administrator shall review and, as necessary, develop

40 ways to strengthen air transportation security, including ways—
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1 (1) to strengthen controls over checked baggage in air transpor2 tation, including ways to ensure baggage reconciliation and inspection

3 of items in passenger baggage that could potentially contain explosive

4 devices;

5 (2) to strengthen control over individuals having access to aircraft;

6 (3) to improve testing of security systems;

7 (4) to ensure the use of the best available x-ray equipment for air

8 transportation security purposes; and

9 (5) to strengthen preflight screening of passengers.

10 § 44933. Federal Security Managers

11 (a) ESTABLISHMENT, DESIGNATION, AND STATIONING.—The Adminis12 trator of the Federal Aviation Administration shall establish the position of

13 Federal Security Manager at each airport in the United States at which the

14 Administrator decides a Manager is necessary for air transportation secu15 rity. The Administrator shall designate individuals as Managers for, and

16 station those Managers at, those airports. The Administrator may designate

17 a current field employee of the Administration as a Manager. A Manager

18 reports directly to the Assistant Administrator for Civil Aviation Security.

19 The Administrator shall station an individual as Manager at each airport

20 in the United States that the Secretary of Transportation designates as a

21 category X airport.

22 (b) DUTIES AND POWERS.—The Manager at each airport shall—

23 (1) receive intelligence information related to aviation security;

24 (2) ensure, and assist in, the development of a comprehensive secu25 rity plan for the airport that—

26 (A) establishes the responsibilities of each air carrier and air27 port operator for air transportation security at the airport; and

28 (B) includes measures to be taken during periods of normal air29 port operations and during periods when the Manager decides that

30 there is a need for additional airport security, and identifies the

31 individuals responsible for carrying out those measures;

32 (3) oversee and enforce the carrying out by air carriers and airport

33 operators of United States Government security requirements, includ34 ing the security plan under clause (2) of this subsection;

35 (4) serve as the on-site coordinator of the Administrator’s response

36 to terrorist incidents and threats at the airport;

37 (5) coordinate the day-to-day Government aviation security activities

38 at the airport;

39 (6) coordinate efforts related to aviation security with local law en40 forcement; and

41 (7) coordinate activities with other Managers.
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1 (c) LIMITATION.—A Civil Aviation Security Field Officer may not be as2 signed security duties and powers at an airport having a Manager.

3 § 44934. Foreign Security Liaison Officers

4 (a) ESTABLISHMENT, DESIGNATION, AND STATIONING.—The Adminis5 trator of the Federal Aviation Administration shall establish the position of

6 Foreign Security Liaison Officer for each airport outside the United States

7 at which the Administrator decides an Officer is necessary for air transpor8 tation security. In coordination with the Secretary of State, the Adminis9 trator shall designate an Officer for each of those airports. In coordination

10 with the Secretary, the Administrator shall designate an Officer for each of

11 those airports where extraordinary security measures are in place. The Sec12 retary shall give high priority to stationing those Officers.

13 (b) DUTIES AND POWERS.—An Officer reports directly to the Assistant

14 Administrator for Civil Aviation Security. The Officer at each airport

15 shall—

16 (1) serve as the liaison of the Assistant Administrator to foreign se17 curity authorities (including governments of foreign countries and for18 eign airport authorities) in carrying out United States Government se19 curity requirements at that airport; and

20 (2) to the extent practicable, carry out duties and powers referred

21 to in section 44933(b) of this title.

22 (c) COORDINATION OF ACTIVITIES.—The activities of each Officer shall

23 be coordinated with the chief of the diplomatic mission of the United States

24 to which the Officer is assigned. Activities of an Officer under this section

25 shall be consistent with the duties and powers of the Secretary and the chief

26 of mission to a foreign country under section 103 of the Omnibus Diplo27 matic Security and Antiterrorism Act of 1986 (22 U.S.C. 4802) and section

28 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927).

29 § 44935. Employment standards and training

30 (a) EMPLOYMENT STANDARDS.—The Administrator of the Federal Avia31 tion Administration shall prescribe standards for the employment and con32 tinued employment of, and contracting for, air carrier personnel and, as ap33 propriate, airport security personnel. The standards shall include—

34 (1) minimum training requirements for new employees;

35 (2) retraining requirements;

36 (3) minimum staffing levels;

37 (4) minimum language skills; and

38 (5) minimum education levels for employees, when appropriate.

39 (b) REVIEW AND RECOMMENDATIONS.—In coordination with air carriers,

40 airport operators, and other interested persons, the Administrator shall re41 view issues related to human performance in the aviation security system
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1 to maximize that performance. When the review is completed, the Adminis2 trator shall recommend guidelines and prescribe appropriate changes in ex3 isting procedures to improve that performance.

4 (c) SECURITY PROGRAM TRAINING, STANDARDS, AND QUALIFICA5 TIONS.—(1) The Administrator—

6 (A) may train individuals employed to carry out a security program

7 under section 44903(c) of this title; and

8 (B) shall prescribe uniform training standards and uniform mini9 mum qualifications for individuals eligible for that training.

10 (2) The Administrator may authorize reimbursement for travel, transpor11 tation, and subsistence expenses for security training of non-United States

12 Government domestic and foreign individuals whose services will contribute

13 significantly to carrying out civil aviation security programs. To the extent

14 practicable, air travel reimbursed under this paragraph shall be on air

15 carriers.

16 (d) EDUCATION AND TRAINING STANDARDS FOR SECURITY COORDINA17 TORS, SUPERVISORY PERSONNEL, AND PILOTS.—(1) The Administrator

18 shall prescribe standards for educating and training—

19 (A) ground security coordinators;

20 (B) security supervisory personnel; and

21 (C) airline pilots as in-flight security coordinators.

22 (2) The standards shall include initial training, retraining, and continuing

23 education requirements and methods. Those requirements and methods shall

24 be used annually to measure the performance of ground security coordina25 tors and security supervisory personnel.

26 § 44936. Employment investigations and restrictions

27 (a) EMPLOYMENT INVESTIGATION REQUIREMENT.—(1) The Adminis28 trator of the Federal Aviation Administration shall require by regulation

29 that an employment investigation, including a criminal history record check,

30 shall be conducted, as the Administrator decides is necessary to ensure air

31 transportation security, of each individual employed in, or applying for, a

32 position in which the individual has unescorted access, or may permit other

33 individuals to have unescorted access, to—

34 (A) aircraft of an air carrier or foreign air carrier; or

35 (B) a secured area of an airport in the United States the Adminis36 trator designates that serves an air carrier or foreign air carrier.

37 (2) An air carrier, foreign air carrier, or airport operator that employs,

38 or authorizes or makes a contract for the services of, an individual in a posi39 tion described in paragraph (1) of this subsection shall ensure that the in40 vestigation the Administrator requires is conducted.
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1 (b) PROHIBITED EMPLOYMENT.—(1) Except as provided in paragraph

2 (3) of this subsection, an air carrier, foreign air carrier, or airport operator

3 may not employ, or authorize or make a contract for the services of, an indi4 vidual in a position described in subsection (a)(1) of this section if—

5 (A) the investigation of the individual required under this section has

6 not been conducted; or

7 (B) the results of that investigation establish that, in the 10-year pe8 riod ending on the date of the investigation, the individual was con9 victed of—

10 (i) a crime referred to in section 46306, 46308, 46312, 46314,

11 or 46315 or chapter 465 of this title or section 32 of title 18;

12 (ii) murder;

13 (iii) assault with intent to murder;

14 (iv) espionage;

15 (v) sedition;

16 (vi) treason;

17 (vii) rape;

18 (viii) kidnapping;

19 (ix) unlawful possession, sale, distribution, or manufacture of an

20 explosive or weapon;

21 (x) extortion;

22 (xi) armed robbery;

23 (xii) distribution of, or intent to distribute, a controlled sub24 stance; or

25 (xiii) conspiracy to commit any of the acts referred to in clauses

26 (i)–(xii) of this paragraph.

27 (2) The Administrator may specify other factors that are sufficient to

28 prohibit the employment of an individual in a position described in sub29 section (a)(1) of this section.

30 (3) An air carrier, foreign air carrier, or airport operator may employ,

31 or authorize or contract for the services of, an individual in a position de32 scribed in subsection (a)(1) of this section without carrying out the inves33 tigation required under this section, if the Administrator approves a plan

34 to employ the individual that provides alternate security arrangements.

35 (c) FINGERPRINTING AND RECORD CHECK INFORMATION.—(1) If the

36 Administrator requires an identification and criminal history record check,

37 to be conducted by the Attorney General, as part of an investigation under

38 this section, the Administrator shall designate an individual to obtain finger39 prints and submit those fingerprints to the Attorney General. The Attorney

40 General may make the results of a check available to an individual the Ad41 ministrator designates. Before designating an individual to obtain and sub-
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1 mit fingerprints or receive results of a check, the Administrator shall con2 sult with the Attorney General.

3 (2) The Administrator shall prescribe regulations on—

4 (A) procedures for taking fingerprints; and

5 (B) requirements for using information received from the Attorney

6 General under paragraph (1) of this subsection—

7 (i) to limit the dissemination of the information; and

8 (ii) to ensure that the information is used only to carry out this

9 section.

10 (3) If an identification and criminal history record check is conducted as

11 part of an investigation of an individual under this section, the individual—

12 (A) shall receive a copy of any record received from the Attorney

13 General; and

14 (B) may complete and correct the information contained in the check

15 before a final employment decision is made based on the check.

16 (d) FEES AND CHARGES.—The Administrator and the Attorney General

17 shall establish reasonable fees and charges to pay expenses incurred in car18 rying out this section. The employer of the individual being investigated

19 shall pay the costs of a record check of the individual. Money collected

20 under this section shall be credited to the account in the Treasury from

21 which the expenses were incurred and are available to the Administrator

22 and the Attorney General for those expenses.

23 (e) WHEN INVESTIGATION OR RECORD CHECK NOT REQUIRED.—This

24 section does not require an investigation or record check when the investiga25 tion or record check is prohibited by a law of a foreign country.

26 § 44937. Prohibition on transferring duties and powers

27 Except as specifically provided by law, the Administrator of the Federal

28 Aviation Administration may not transfer a duty or power under section

29 44903(a), (b), (c), or (e), 44906(a)(1) or (b), 44912, 44935, 44936, or

30 44938(b)(3) of this title to another department, agency, or instrumentality

31 of the United States Government.

32 § 44938. Reports

33 (a) TRANSPORTATION SECURITY.—Not later than December 31 of each

34 year, the Secretary of Transportation shall submit to Congress a report on

35 transportation security with recommendations the Secretary considers ap36 propriate. The report shall be prepared in conjunction with the annual re37 port the Administrator of the Federal Aviation Administration submits

38 under subsection (b) of this section, but may not duplicate the information

39 submitted under subsection (b) or section 44907(a)(3) of this title. The Sec40 retary may submit the report in classified and unclassified parts. The report

41 shall include—
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1 (1) an assessment of trends and developments in terrorist activities,

2 methods, and other threats to transportation;

3 (2) an evaluation of deployment of explosive detection devices;

4 (3) recommendations for research, engineering, and development ac5 tivities related to transportation security, except research engineering

6 and development activities related to aviation security to the extent

7 those activities are covered by the national aviation research plan re8 quired under section 44501(c) of this title;

9 (4) identification and evaluation of cooperative efforts with other de10 partments, agencies, and instrumentalities of the United States Gov11 ernment;

12 (5) an evaluation of cooperation with foreign transportation and se13 curity authorities;

14 (6) the status of the extent to which the recommendations of the

15 President’s Commission on Aviation Security and Terrorism have been

16 carried out and the reasons for any delay in carrying out those rec17 ommendations;

18 (7) a summary of the activities of the Director of Intelligence and

19 Security in the 12-month period ending on the date of the report;

20 (8) financial and staffing requirements of the Director;

21 (9) an assessment of financial and staffing requirements, and attain22 ment of existing staffing goals, for carrying out duties and powers of

23 the Administrator related to security; and

24 (10) appropriate legislative and regulatory recommendations.

25 (b) SCREENING AND FOREIGN AIR CARRIER AND AIRPORT SECURITY.—

26 The Administrator shall submit annually to Congress a report—

27 (1) on the effectiveness of procedures under section 44901 of this

28 title;

29 (2) that includes a summary of the assessments conducted under

30 section 44907(a)(1) and (2) of this title; and

31 (3) that includes an assessment of the steps being taken, and the

32 progress being made, in ensuring compliance with section 44906 of this

33 title for each foreign air carrier security program at airports outside

34 the United States—

35 (A) at which the Administrator decides that Foreign Security

36 Liaison Officers are necessary for air transportation security; and

37 (B) for which extraordinary security measures are in place.

38 (c) DOMESTIC AIR TRANSPORTATION SYSTEM SECURITY.—The Adminis39 trator shall submit to Congress an annual report for each of the calendar

40 years 1991 and 1992 on the progress being made, and the problems occur-
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1 ring, in carrying out section 44904 of this title. The report shall include

2 recommendations for improving domestic air transportation security.

3 CHAPTER 451—ALCOHOL AND CONTROLLED

4 SUBSTANCES TESTING

Sec.

45101. Definition.

45102. Alcohol and controlled substances testing programs.

45103. Prohibited service.

45104. Testing and laboratory requirements.

45105. Rehabilitation.

45106. Relationship to other laws, regulations, standards, and orders.

5 § 45101. Definition

6 In this chapter, ‘‘controlled substance’’ means any substance under sec7 tion 102 of the Comprehensive Drug Abuse Prevention and Control Act of

8 1970 (21 U.S.C. 802) specified by the Administrator of the Federal Avia9 tion Administration.

10 § 45102. Alcohol and controlled substances testing programs

11 (a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN AIR

12 CARRIERS.—(1) In the interest of aviation safety, the Administrator of the

13 Federal Aviation Administration shall prescribe regulations not later than

14 October 28, 1992, that establish a program requiring air carriers and for15 eign air carriers to conduct preemployment, reasonable suspicion, random,

16 and post-accident testing of airmen, crewmembers, airport security screen17 ing contract personnel, and other air carrier employees responsible for safe18 ty-sensitive functions (as decided by the Administrator) for the use of alco19 hol or a controlled substance in violation of law or a United States Govern20 ment regulation.

21 (2) When the Administrator considers it appropriate in the interest of

22 safety, the Administrator may prescribe regulations for conducting periodic

23 recurring testing of airmen, crewmembers, airport security screening con24 tract personnel, and other air carrier employees responsible for safety-sen25 sitive functions for the use of alcohol or a controlled substance in violation

26 of law or a Government regulation.

27 (b) PROGRAM FOR EMPLOYEES OF THE FEDERAL AVIATION ADMINIS28 TRATION.—(1) The Administrator shall establish a program of

29 preemployment, reasonable suspicion, random, and post-accident testing for

30 the use of alcohol or a controlled substance in violation of law or a Govern31 ment regulation for employees of the Administration whose duties include

32 responsibility for safety-sensitive functions.

33 (2) When the Administrator considers it appropriate in the interest of

34 safety, the Administrator may prescribe regulations for conducting periodic

35 recurring testing of employees of the Administration responsible for safety-
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1 sensitive functions for use of alcohol or a controlled substance in violation

2 of law or a Government regulation.

3 (c) SANCTIONS.—In prescribing regulations under the programs required

4 by this section, the Administrator shall require, as the Administrator consid5 ers appropriate, the suspension or revocation of any certificate issued to an

6 individual referred to in this section, or the disqualification or dismissal of

7 the individual, under this chapter when a test conducted and confirmed

8 under this chapter indicates the individual has used alcohol or a controlled

9 substance in violation of law or a Government regulation.

10 § 45103. Prohibited service

11 (a) USE OF ALCOHOL OR A CONTROLLED SUBSTANCE.—An individual

12 may not use alcohol or a controlled substance after October 28, 1991, in

13 violation of law or a United States Government regulation and serve as an

14 airman, crewmember, airport security screening contract employee, air car15 rier employee responsible for safety-sensitive functions (as decided by the

16 Administrator of the Federal Aviation Administration), or employee of the

17 Administration with responsibility for safety-sensitive functions.

18 (b) REHABILITATION REQUIRED TO RESUME SERVICE.—Notwithstand19 ing subsection (a) of this section, an individual found to have used alcohol

20 or a controlled substance after October 28, 1991, in violation of law or a

21 Government regulation may serve as an airman, crewmember, airport secu22 rity screening contract employee, air carrier employee responsible for safety23 sensitive functions (as decided by the Administrator), or employee of the

24 Administration with responsibility for safety-sensitive functions only if the

25 individual completes a rehabilitation program described in section 45105 of

26 this title.

27 (c) PERFORMANCE OF PRIOR DUTIES PROHIBITED.—An individual who

28 served as an airman, crewmember, airport security screening contract em29 ployee, air carrier employee responsible for safety-sensitive functions (as de30 cided by the Administrator), or employee of the Administration with respon31 sibility for safety-sensitive functions and who was found by the Adminis32 trator to have used alcohol or a controlled substance after October 28,

33 1991, in violation of law or a Government regulation may not carry out the

34 duties related to air transportation that the individual carried out before the

35 finding of the Administrator if the individual—

36 (1) used the alcohol or controlled substance when on duty;

37 (2) began or completed a rehabilitation program described in section

38 45105 of this title before using the alcohol or controlled substance; or

39 (3) refuses to begin or complete a rehabilitation program described

40 in section 45105 of this title after a finding by the Administrator under

41 this section.
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1 § 45104. Testing and laboratory requirements

2 In carrying out section 45102 of this title, the Administrator of the Fed3 eral Aviation Administration shall develop requirements that—

4 (1) promote, to the maximum extent practicable, individual privacy

5 in the collection of specimens;

6 (2) for laboratories and testing procedures for controlled substances,

7 incorporate the Department of Health and Human Services scientific

8 and technical guidelines dated April 11, 1988, and any amendments to

9 those guidelines, including mandatory guidelines establishing—

10 (A) comprehensive standards for every aspect of laboratory con11 trolled substances testing and laboratory procedures to be applied

12 in carrying out this chapter, including standards requiring the use

13 of the best available technology to ensure the complete reliability

14 and accuracy of controlled substances tests and strict procedures

15 governing the chain of custody of specimens collected for con16 trolled substances testing;

17 (B) the minimum list of controlled substances for which individ18 uals may be tested; and

19 (C) appropriate standards and procedures for periodic review of

20 laboratories and criteria for certification and revocation of certifi21 cation of laboratories to perform controlled substances testing in

22 carrying out this chapter;

23 (3) require that a laboratory involved in controlled substances testing

24 under this chapter have the capability and facility, at the laboratory,

25 of performing screening and confirmation tests;

26 (4) provide that all tests indicating the use of alcohol or a controlled

27 substance in violation of law or a United States Government regulation

28 be confirmed by a scientifically recognized method of testing capable

29 of providing quantitative information about alcohol or a controlled sub30 stance;

31 (5) provide that each specimen be subdivided, secured, and labeled

32 in the presence of the tested individual and that a part of the specimen

33 be retained in a secure manner to prevent the possibility of tampering,

34 so that if the individual’s confirmation test results are positive the indi35 vidual has an opportunity to have the retained part tested by a 2d con36 firmation test done independently at another certified laboratory if the

37 individual requests the 2d confirmation test not later than 3 days after

38 being advised of the results of the first confirmation test;

39 (6) ensure appropriate safeguards for testing to detect and quantify

40 alcohol in breath and body fluid samples, including urine and blood,
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1 through the development of regulations that may be necessary and in

2 consultation with the Secretary of Health and Human Services;

3 (7) provide for the confidentiality of test results and medical infor4 mation (except information about alcohol or a controlled substance) of

5 employees, except that this clause does not prevent the use of test re6 sults for the orderly imposition of appropriate sanctions under this

7 chapter; and

8 (8) ensure that employees are selected for tests by nondiscriminatory

9 and impartial methods, so that no employee is harassed by being treat10 ed differently from other employees in similar circumstances.

11 § 45105. Rehabilitation

12 (a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN AIR

13 CARRIERS.—The Administrator of the Federal Aviation Administration shall

14 prescribe regulations establishing requirements for rehabilitation programs

15 that at least provide for the identification and opportunity for treatment of

16 employees of air carriers and foreign air carriers referred to in section

17 45102(a)(1) of this title who need assistance in resolving problems with the

18 use of alcohol or a controlled substance in violation of law or a United

19 States Government regulation. Each air carrier and foreign air carrier is en20 couraged to make such a program available to all its employees in addition

21 to the employees referred to in section 45102(a)(1)(A). The Administrator

22 shall decide on the circumstances under which employees shall be required

23 to participate in a program. This subsection does not prevent an air carrier

24 or foreign air carrier from establishing a program under this subsection in

25 cooperation with another air carrier or foreign air carrier.

26 (b) PROGRAM FOR EMPLOYEES OF THE FEDERAL AVIATION ADMINIS27 TRATION.—The Administrator shall establish and maintain a rehabilitation

28 program that at least provides for the identification and opportunity for

29 treatment of employees of the Administration whose duties include respon30 sibility for safety-sensitive functions who need assistance in resolving prob31 lems with the use of alcohol or a controlled substance.

32 § 45106. Relationship to other laws, regulations, standards,

33 and orders

34 (a) EFFECT ON STATE AND LOCAL GOVERNMENT LAWS, REGULATIONS,

35 STANDARDS, OR ORDERS.—A State or local government may not prescribe,

36 issue, or continue in effect a law, regulation, standard, or order that is in37 consistent with regulations prescribed under this chapter. However, a regu38 lation prescribed under this chapter does not preempt a State criminal law

39 that imposes sanctions for reckless conduct leading to loss of life, injury,

40 or damage to property.
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1 (b) INTERNATIONAL OBLIGATIONS AND FOREIGN LAWS.—(1) In pre2 scribing regulations under this chapter, the Administrator of the Federal

3 Aviation Administration—

4 (A) shall establish only requirements applicable to foreign air car5 riers that are consistent with international obligations of the United

6 States; and

7 (B) shall consider applicable laws and regulations of foreign coun8 tries.

9 (2) The Secretaries of State and Transportation jointly shall request the

10 governments of foreign countries that are members of the International Civil

11 Aviation Organization to strengthen and enforce existing standards to pro12 hibit crewmembers in international civil aviation from using alcohol or a

13 controlled substance in violation of law or a United States Government reg14 ulation.

15 (c) OTHER REGULATIONS ALLOWED.—This section does not prevent the

16 Administrator from continuing in effect, amending, or further

17 supplementing a regulation prescribed before October 28, 1991, governing

18 the use of alcohol or a controlled substance by airmen, crewmembers, air19 port security screening contract employees, air carrier employees responsible

20 for safety-sensitive functions (as decided by the Administrator), or employ21 ees of the Administration with responsibility for safety-sensitive functions.

22 CHAPTER 453—FEES

Sec.

45301. Authority to impose fees.

45302. Fees involving aircraft not providing air transportation.

45303. Maximum fees for private person services.

23 § 45301. Authority to impose fees

24 (a) GENERAL AUTHORITY.—The Secretary of Transportation may impose

25 a fee for an approval, test, authorization, certificate, permit, registration,

26 transfer, or rating related to aviation that has not been approved by Con27 gress only when the fee—

28 (1)(A) was in effect on January 1, 1973; and

29 (B) is not more than the fee in effect on January 1, 1973, adjusted

30 in proportion to changes in the Consumer Price Index of All Urban

31 Consumers published by the Secretary of Labor between January 1,

32 1973, and the date the fee is imposed; or

33 (2) is imposed under section 45302 of this title.

34 (b) NONAPPLICATION.—This section does not apply to a fee for a test,

35 authorization, certificate, permit, or rating related to an airman or repair

36 station administered or issued outside the United States.
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1 § 45302. Fees involving aircraft not providing air transpor2 tation

3 (a) APPLICATION.—This section applies only to aircraft not used to pro4 vide air transportation.

5 (b) GENERAL AUTHORITY AND MAXIMUM FEES.—The Administrator of

6 the Federal Aviation Administration may impose fees to pay for the costs

7 of issuing airman certificates to pilots and certificates of registration of air8 craft and processing forms for major repairs and alterations of fuel tanks

9 and fuel systems of aircraft. The following fees may not be more than the

10 amounts specified:

11 (1) $12 for issuing an airman’s certificate to a pilot.

12 (2) $25 for registering an aircraft after the transfer of ownership.

13 (3) $15 for renewing an aircraft registration.

14 (4) $7.50 for processing a form for a major repair or alteration of

15 a fuel tank or fuel system of an aircraft.

16 (c) ADJUSTMENTS.—The Administrator shall adjust the maximum fees

17 established by subsection (b) of this section for changes in the Consumer

18 Price Index of All Urban Consumers published by the Secretary of Labor.

19 (d) CREDIT TO ACCOUNT AND AVAILABILITY.—Money collected from fees

20 imposed under this section shall be credited to the account in the Treasury

21 from which the Administrator incurs expenses in carrying out chapter 441

22 and sections 44701–44716 of this title (except sections 44701(c),

23 44703(f)(2), and 44713(d)(2)). The money is available to the Administrator

24 to pay expenses for which the fees are collected.

25 § 45303. Maximum fees for private person services

26 The Administrator of the Federal Aviation Administration may establish

27 maximum fees that private persons may charge for services performed under

28 a delegation to the person under section 44702(d) of this title.

29 SUBPART IV—ENFORCEMENT AND PENALTIES

30 CHAPTER 461—INVESTIGATIONS AND PROCEEDINGS

Sec.

46101. Complaints and investigations.

46102. Proceedings.

46103. Service of notice, process, and actions.

46104. Evidence.

46105. Regulations and orders.

46106. Enforcement by the Secretary of Transportation and Administrator of the Federal

Aviation Administration.

46107. Enforcement by the Attorney General.

46108. Enforcement of certificate requirements by interested persons.

46109. Joinder and intervention.

46110. Judicial review.

31 § 46101. Complaints and investigations

32 (a) GENERAL.—(1) A person may file a complaint in writing with the

33 Secretary of Transportation (or the Administrator of the Federal Aviation
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1 Administration with respect to aviation safety duties and powers designated

2 to be carried out by the Administrator) about a person violating this part

3 or a requirement prescribed under this part. Except as provided in sub4 section (b) of this section, the Secretary or Administrator shall investigate

5 the complaint if a reasonable ground appears to the Secretary or Adminis6 trator for the investigation.

7 (2) On the initiative of the Secretary of Transportation or the Adminis8 trator, as appropriate, the Secretary or Administrator may conduct an in9 vestigation, if a reasonable ground appears to the Secretary or Adminis10 trator for the investigation, about—

11 (A) a person violating this part or a requirement prescribed under

12 this part; or

13 (B) any question that may arise under this part.

14 (3) The Secretary of Transportation or Administrator may dismiss a com15 plaint without a hearing when the Secretary or Administrator is of the opin16 ion that the complaint does not state facts that warrant an investigation

17 or action.

18 (4) After notice and an opportunity for a hearing and subject to section

19 40105(b) of this title, the Secretary of Transportation or Administrator

20 shall issue an order to compel compliance with this part if the Secretary

21 or Administrator finds in an investigation under this subsection that a per22 son is violating this part.

23 (b) COMPLAINTS AGAINST MEMBERS OF ARMED FORCES.—The Sec24 retary of Transportation or Administrator shall refer a complaint against

25 a member of the armed forces of the United States performing official du26 ties to the Secretary of the department concerned for action. Not later than

27 90 days after receiving the complaint, the Secretary of that department

28 shall inform the Secretary of Transportation or Administrator of the action

29 taken on the complaint, including any corrective or disciplinary action

30 taken.

31 § 46102. Proceedings

32 (a) CONDUCTING PROCEEDINGS.—Subject to subchapter II of chapter 5

33 of title 5, the Secretary of Transportation (or the Administrator of the Fed34 eral Aviation Administration with respect to aviation safety duties and pow35 ers designated to be carried out by the Administrator) may conduct proceed36 ings in a way conducive to justice and the proper dispatch of business.

37 (b) APPEARANCE.—A person may appear and be heard before the Sec38 retary and the Administrator in person or by an attorney. The Secretary

39 may appear and participate as an interested party in a proceeding the Ad40 ministrator conducts under section 40113(a) of this title.
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1 (c) RECORDING AND PUBLIC ACCESS.—Official action taken by the Sec2 retary and Administrator under this part shall be recorded. Proceedings be3 fore the Secretary and Administrator shall be open to the public on the re4 quest of an interested party unless the Secretary or Administrator decides

5 that secrecy is required because of national defense.

6 (d) CONFLICTS OF INTEREST.—The Secretary, the Administrator, or an

7 officer or employee of the Administration may not participate in a proceed8 ing referred to in subsection (a) of this section in which the individual has

9 a pecuniary interest.

10 § 46103. Service of notice, process, and actions

11 (a) DESIGNATING AGENTS.—(1) Each air carrier and foreign air carrier

12 shall designate an agent on whom service of notice and process in a proceed13 ing before, and an action of, the Secretary of Transportation (or the Admin14 istrator of the Federal Aviation Administration with respect to aviation

15 safety duties and powers designated to be carried out by the Administrator)

16 may be made.

17 (2) The designation—

18 (A) shall be in writing and filed with the Secretary or Administrator;

19 and

20 (B) may be changed in the same way as originally made.

21 (b) SERVICE.—(1) Service may be made—

22 (A) by personal service;

23 (B) on a designated agent; or

24 (C) by certified or registered mail to the person to be served or the

25 designated agent of the person.

26 (2) The date of service made by certified or registered mail is the date

27 of mailing.

28 (c) SERVING AGENTS.—Service on an agent designated under this section

29 shall be made at the office or usual place of residence of the agent. If an

30 air carrier or foreign air carrier does not have a designated agent, service

31 may be made by posting the notice, process, or action in the office of the

32 Secretary or Administrator.

33 § 46104. Evidence

34 (a) GENERAL.—In conducting a hearing or investigation under this part,

35 the Secretary of Transportation (or the Administrator of the Federal Avia36 tion Administration with respect to aviation safety duties and powers des37 ignated to be carried out by the Administrator) may—

38 (1) subpena witnesses and records related to a matter involved in the

39 hearing or investigation from any place in the United States to the des40 ignated place of the hearing or investigation;

41 (2) administer oaths;
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1 (3) examine witnesses; and

2 (4) receive evidence at a place in the United States the Secretary

3 or Administrator designates.

4 (b) COMPLIANCE WITH SUBPENAS.—If a person disobeys a subpena, the

5 Secretary, the Administrator, or a party to a proceeding before the Sec6 retary or Administrator may petition a court of the United States to enforce

7 the subpena. A judicial proceeding to enforce a subpena under this section

8 may be brought in the jurisdiction in which the proceeding or investigation

9 is conducted. The court may punish a failure to obey an order of the court

10 to comply with the subpena as a contempt of court.

11 (c) DEPOSITIONS.—(1) In a proceeding or investigation, the Secretary or

12 Administrator may order a person to give testimony by deposition and to

13 produce records. If a person fails to be deposed or to produce records, the

14 order may be enforced in the same way a subpena may be enforced under

15 subsection (b) of this section.

16 (2) A deposition may be taken before an individual designated by the Sec17 retary or Administrator and having the power to administer oaths.

18 (3) Before taking a deposition, the party or the attorney of the party pro19 posing to take the deposition must give reasonable notice in writing to the

20 opposing party or the attorney of record of that party. The notice shall state

21 the name of the witness and the time and place of taking the deposition.

22 (4) The testimony of a person deposed under this subsection shall be

23 under oath. The person taking the deposition shall prepare, or cause to be

24 prepared, a transcript of the testimony taken. The transcript shall be sub25 scribed by the deponent. Each deposition shall be filed promptly with the

26 Secretary or Administrator.

27 (5) If the laws of a foreign country allow, the testimony of a witness in

28 that country may be taken by deposition—

29 (A) by a consular officer or an individual commissioned by the Sec30 retary or Administrator or agreed on by the parties by written stipula31 tion filed with the Secretary or Administrator; or

32 (B) under letters rogatory issued by a court of competent jurisdic33 tion at the request of the Secretary or Administrator.

34 (d) WITNESS FEES AND MILEAGE AND CERTAIN FOREIGN COUNTRY EX35 PENSES.—A witness summoned before the Secretary or Administrator or

36 whose deposition is taken under this section and the individual taking the

37 deposition are each entitled to the same fee and mileage that the witness

38 and individual would have been paid for those services in a court of the

39 United States. Under regulations of the Secretary or Administrator, the

40 Secretary or Administrator shall pay the necessary expenses incident to exe-
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1 cuting, in another country, a commission or letter rogatory issued at the

2 initiative of the Secretary or Administrator.

3 (e) DESIGNATING EMPLOYEES TO CONDUCT HEARINGS.—When des4 ignated by the Secretary or Administrator, an employee appointed under

5 section 3105 of title 5 may conduct a hearing, subpena witnesses, admin6 ister oaths, examine witnesses, and receive evidence at a place in the United

7 States the Secretary or Administrator designates. On request of a party, the

8 Secretary or Administrator shall hear or receive argument.

9 § 46105. Regulations and orders

10 (a) EFFECTIVENESS OF ORDERS.—Except as provided in this part, a reg11 ulation prescribed or order issued by the Secretary of Transportation (or

12 the Administrator of the Federal Aviation Administration with respect to

13 aviation safety duties and powers designated to be carried out by the Ad14 ministrator) takes effect within a reasonable time prescribed by the Sec15 retary or Administrator. The regulation or order remains in effect under its

16 own terms or until superseded. Except as provided in this part, the Sec17 retary or Administrator may amend, modify, or suspend an order in the

18 way, and by giving the notice, the Secretary or Administrator decides.

19 (b) CONTENTS AND SERVICE OF ORDERS.—An order of the Secretary or

20 Administrator shall include the findings of fact on which the order is based

21 and shall be served on the parties to the proceeding and the persons af22 fected by the order.

23 (c) EMERGENCIES.—When the Administrator is of the opinion that an

24 emergency exists related to safety in air commerce and requires immediate

25 action, the Administrator, on the initiative of the Administrator or on com26 plaint, may prescribe regulations and issue orders immediately to meet the

27 emergency, with or without notice and without regard to this part and sub28 chapter II of chapter 5 of title 5. The Administrator shall begin a proceed29 ing immediately about an emergency under this subsection and give pref30 erence, when practicable, to the proceeding.

31 § 46106. Enforcement by the Secretary of Transportation

32 and Administrator of the Federal Aviation Admin33 istration

34 The Secretary of Transportation (or the Administrator of the Federal

35 Aviation Administration with respect to aviation safety duties and powers

36 designated to be carried out by the Administrator) may bring a civil action

37 against a person in a district court of the United States to enforce this part

38 or a requirement or regulation prescribed, or an order or any term of a cer39 tificate or permit issued, under this part. The action may be brought in the

40 judicial district in which the person does business or the violation occurred.
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1 § 46107. Enforcement by the Attorney General

2 (a) CIVIL ACTIONS TO ENFORCE SECTION 40106(b).—The Attorney

3 General may bring a civil action in a district court of the United States

4 against a person to enforce section 40106(b) of this title. The action may

5 be brought in the judicial district in which the person does business or the

6 violation occurred.

7 (b) CIVIL ACTIONS TO ENFORCE THIS PART.—(1) On request of the Sec8 retary of Transportation (or the Administrator of the Federal Aviation Ad9 ministration with respect to aviation safety duties and powers designated to

10 be carried out by the Administrator), the Attorney General may bring a civil

11 action in an appropriate court—

12 (A) to enforce this part or a requirement or regulation prescribed,

13 or an order or any term of a certificate or permit issued, under this

14 part; and

15 (B) to prosecute a person violating this part or a requirement or reg16 ulation prescribed, or an order or any term of a certificate or permit

17 issued, under this part.

18 (2) The costs and expenses of a civil action shall be paid out of the appro19 priations for the expenses of the courts of the United States.

20 (c) PARTICIPATION OF SECRETARY OR ADMINISTRATOR.—On request of

21 the Attorney General, the Secretary or Administrator, as appropriate, may

22 participate in a civil action under this part.

23 § 46108. Enforcement of certificate requirements by inter24 ested persons

25 An interested person may bring a civil action in a district court of the

26 United States against a person to enforce section 41101(a)(1) of this title.

27 The action may be brought in the judicial district in which the defendant

28 does business or the violation occurred.

29 § 46109. Joinder and intervention

30 A person interested in or affected by a matter under consideration in a

31 proceeding before the Secretary of Transportation or civil action to enforce

32 this part or a requirement or regulation prescribed, or an order or any term

33 of a certificate or permit issued, under this part may be joined as a party

34 or permitted to intervene in the proceeding or civil action.

35 § 46110. Judicial review

36 (a) FILING AND VENUE.—Except for an order related to a foreign air

37 carrier subject to disapproval by the President under section 41307 or

38 41509(f) of this title, a person disclosing a substantial interest in an order

39 issued by the Secretary of Transportation (or the Administrator of the Fed40 eral Aviation Administration with respect to aviation safety duties and pow41 ers designated to be carried out by the Administrator) under this part may
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1 apply for review of the order by filing a petition for review in the United

2 States Court of Appeals for the District of Columbia Circuit or in the court

3 of appeals of the United States for the circuit in which the person resides

4 or has its principal place of business. The petition must be filed not later

5 than 60 days after the order is issued. The court may allow the petition

6 to be filed after the 60th day only if there are reasonable grounds for not

7 filing by the 60th day.

8 (b) JUDICIAL PROCEDURES.—When a petition is filed under subsection

9 (a) of this section, the clerk of the court immediately shall send a copy of

10 the petition to the Secretary or Administrator, as appropriate. The Sec11 retary or Administrator shall file with the court a record of any proceeding

12 in which the order was issued, as provided in section 2112 of title 28.

13 (c) AUTHORITY OF COURT.—When the petition is sent to the Secretary

14 or Administrator, the court has exclusive jurisdiction to affirm, amend,

15 modify, or set aside any part of the order and may order the Secretary or

16 Administrator to conduct further proceedings. After reasonable notice to the

17 Secretary or Administrator, the court may grant interim relief by staying

18 the order or taking other appropriate action when good cause for its action

19 exists. Findings of fact by the Secretary or Administrator, if supported by

20 substantial evidence, are conclusive.

21 (d) REQUIREMENT FOR PRIOR OBJECTION.—In reviewing an order under

22 this section, the court may consider an objection to an order of the Sec23 retary or Administrator only if the objection was made in the proceeding

24 conducted by the Secretary or Administrator or if there was a reasonable

25 ground for not making the objection in the proceeding.

26 (e) SUPREME COURT REVIEW.—A decision by a court under this section

27 may be reviewed only by the Supreme Court under section 1254 of title 28.

28 CHAPTER 463—PENALTIES

Sec.

46301. Civil penalties.

46302. False information.

46303. Carrying a weapon.

46304. Liens on aircraft.

46305. Actions to recover civil penalties.

46306. Registration violations involving aircraft not providing air transportation.

46307. Violation of national defense airspace.

46308. Interference with air navigation.

46309. Concession and rate violations.

46310. Reporting and recordkeeping violations.

46311. Unlawful disclosure of information.

46312. Transporting hazardous material.

46313. Refusing to appear or produce records.

46314. Entering aircraft or airport area in violation of security requirements.

46315. Lighting violations involving transporting controlled substances by aircraft not providing air transportation.

46316. General criminal penalty when specific penalty not provided.
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1 § 46301. Civil penalties

2 (a) GENERAL PENALTY.—(1) A person is liable to the United States Gov3 ernment for a civil penalty of not more than $1,000 for violating—

4 (A) chapter 401 (except sections 40103(a) and (d), 40105, 40116,

5 and 40117), chapter 411, section 41301–41306, 41308–41310(a),

6 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–

7 41709, 41711, 41712, or 41731–41742, chapter 419, subchapter II of

8 chapter 421, chapter 441 (except section 44109), or section 44701(a)

9 or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906,

10 44907(d)(1)(B), 44909(a), 44912–44915, 44932–44938, 46302, or

11 46303 of this title;

12 (B) a regulation prescribed or order issued under any provision to

13 which clause (A) of this paragraph applies;

14 (C) any term of a certificate or permit issued under section 41102,

15 41103, or 41302 of this title; or

16 (D) a regulation of the United States Postal Service under this part.

17 (2) A person operating an aircraft for the transportation of passengers

18 or property for compensation (except an airman serving as an airman) is

19 liable to the Government for a civil penalty of not more than $10,000 for

20 violating—

21 (A) chapter 401 (except sections 40103(a) and (d), 40105, 40106(b),

22 40116, and 40117) or section 44701(a) or (b), 44702–44716, 44901,

23 44903(b) or (c), 44905, 44906, 44912–44915, or 44932–44938 of this

24 title; or

25 (B) a regulation prescribed or order issued under any provision to

26 which clause (A) of this paragraph applies.

27 (3) A civil penalty of not more than $10,000 may be imposed for each

28 violation under paragraph (1) of this subsection related to—

29 (A) the transportation of hazardous material; or

30 (B) the registration or recordation under chapter 441 of this title of

31 an aircraft not used to provide air transportation.

32 (4) A separate violation occurs under this subsection for each day the vio33 lation continues or, if applicable, for each flight involving the violation.

34 (b) SMOKE ALARM DEVICE PENALTY.—(1) A passenger may not tamper

35 with, disable, or destroy a smoke alarm device located in a lavatory on an

36 aircraft providing air transportation or intrastate air transportation.

37 (2) An individual violating this subsection is liable to the Government for

38 a civil penalty of not more than $2,000.

39 (c) PROCEDURAL REQUIREMENTS.—(1) The Secretary of Transportation

40 may impose a civil penalty for the following violations only after notice and

41 an opportunity for a hearing:
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1 (A) a violation of subsection (b) of this section or chapter 411, sec2 tion 41301–41306, 41308–41310(a), 41501, 41503, 41504, 41506,

3 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, or 41731–

4 41742, chapter 419, or subchapter II of chapter 421 of this title.

5 (B) a violation of a regulation prescribed or order issued under any

6 provision to which clause (A) of this paragraph applies.

7 (C) a violation of any term of a certificate or permit issued under

8 section 41102, 41103, or 41302 of this title.

9 (D) a violation under subsection (a)(1) of this section related to the

10 transportation of hazardous material.

11 (2) The Secretary shall give written notice of the finding of a violation

12 and the civil penalty under paragraph (1) of this subsection.

13 (d) Administrative Imposition of Penalties.—(1) In this subsection—

14 (A) ‘‘flight engineer’’ means an individual who holds a flight engi15 neer certificate issued under part 63 of title 14, Code of Federal Regu16 lations.

17 (B) ‘‘mechanic’’ means an individual who holds a mechanic certifi18 cate issued under part 65 of title 14, Code of Federal Regulations.

19 (C) ‘‘pilot’’ means an individual who holds a pilot certificate issued

20 under part 61 of title 14, Code of Federal Regulations.

21 (D) ‘‘repairman’’ means an individual who holds a repairman certifi22 cate issued under part 65 of title 14, Code of Federal Regulations.

23 (2) The Administrator of the Federal Aviation Administration may im24 pose a civil penalty for a violation of chapter 401 (except sections 40103(a)

25 and (d), 40105, 40106(b), 40116, and 40117), chapter 441 (except section

26 44109), or section 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c),

27 44905, 44906, 44907(d)(1)(B), 44912–44915, 44932–44938, 46302, or

28 46303 of this title or a regulation prescribed or order issued under any of

29 those provisions. The Administrator shall give written notice of the finding

30 of a violation and the penalty.

31 (3) In a civil action to collect a civil penalty imposed by the Administrator

32 under this subsection, the issues of liability and the amount of the penalty

33 may not be reexamined.

34 (4) Notwithstanding paragraph (2) of this subsection, the district courts

35 of the United States have exclusive jurisdiction of a civil action involving

36 a penalty the Administrator initiates if—

37 (A) the amount in controversy is more than $50,000;

38 (B) the action is in rem or another action in rem based on the same

39 violation has been brought;

40 (C) the action involves an aircraft subject to a lien that has been

41 seized by the Government; or
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1 (D) another action has been brought for an injunction based on the

2 same violation.

3 (5)(A) The Administrator may issue an order imposing a penalty under

4 this subsection against an individual acting as a pilot, flight engineer, me5 chanic, or repairman only after advising the individual of the charges or any

6 reason the Administrator relied on for the proposed penalty and providing

7 the individual an opportunity to answer the charges and be heard about why

8 the order shall not be issued.

9 (B) An individual acting as a pilot, flight engineer, mechanic, or repair10 man may appeal an order imposing a penalty under this subsection to the

11 National Transportation Safety Board. After notice and an opportunity for

12 a hearing on the record, the Board shall affirm, modify, or reverse the

13 order. The Board may modify a civil penalty imposed to a suspension or

14 revocation of a certificate.

15 (C) When conducting a hearing under this paragraph, the Board is not

16 bound by findings of fact of the Administrator but is bound by all validly

17 adopted interpretations of laws and regulations the Administrator carries

18 out and of written agency policy guidance available to the public related to

19 sanctions to be imposed under this section unless the Board finds an inter20 pretation is arbitrary, capricious, or otherwise not according to law.

21 (D) When an individual files an appeal with the Board under this para22 graph, the order of the Administrator is stayed.

23 (6) An individual substantially affected by an order of the Board under

24 paragraph (5) of this subsection, or the Administrator when the Adminis25 trator decides that an order of the Board will have a significant adverse im26 pact on carrying out this part, may obtain judicial review of the order under

27 section 46110 of this title. The Administrator shall be made a party to the

28 judicial review proceedings. Findings of fact of the Board are conclusive if

29 supported by substantial evidence.

30 (7)(A) The Administrator may impose a penalty on an individual (except

31 an individual acting as a pilot, flight engineer, mechanic, or repairman) only

32 after notice and an opportunity for a hearing on the record.

33 (B) In an appeal from a decision of an administrative law judge as the

34 result of a hearing under subparagraph (A) of this paragraph, the Adminis35 trator shall consider only whether—

36 (i) each finding of fact is supported by a preponderance of reliable,

37 probative, and substantial evidence;

38 (ii) each conclusion of law is made according to applicable law, prece39 dent, and public policy; and

40 (iii) the judge committed a prejudicial error that supports the

41 appeal.
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1 (C) Except for good cause, a civil action involving a penalty under this

2 paragraph may not be initiated later than 2 years after the violation occurs.

3 (8) The maximum civil penalty the Administrator or Board may impose

4 under this subsection is $50,000.

5 (9) This subsection applies only to a violation occurring after August 25,

6 1992.

7 (e) PENALTY CONSIDERATIONS.—In determining the amount of a civil

8 penalty under subsection (a)(3) of this section related to transportation of

9 hazardous material, the Secretary shall consider—

10 (1) the nature, circumstances, extent, and gravity of the violation;

11 (2) with respect to the violator, the degree of culpability, any history

12 of prior violations, the ability to pay, and any effect on the ability to

13 continue doing business; and

14 (3) other matters that justice requires.

15 (f) COMPROMISE AND SETOFF.—(1)(A) The Secretary may compromise

16 the amount of a civil penalty imposed for violating—

17 (i) chapter 401 (except sections 40103(a) and (d), 40105, 40116,

18 and 40117), chapter 441 (except section 44109), or section 44701(a)

19 or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906,

20 44907(d)(1)(B), 44912–44915, or 44932–44938 of this title; or

21 (ii) a regulation prescribed or order issued under any provision to

22 which clause (i) of this subparagraph applies.

23 (B) The Postal Service may compromise the amount of a civil penalty im24 posed under subsection (a)(1)(D) of this section.

25 (2) The Government may deduct the amount of a civil penalty imposed

26 or compromised under this subsection from amounts it owes the person lia27 ble for the penalty.

28 (g) JUDICIAL REVIEW.—An order of the Secretary imposing a civil pen29 alty may be reviewed judicially only under section 46110 of this title.

30 (h) NONAPPLICATION.—(1) This section does not apply to the following

31 when performing official duties:

32 (A) a member of the armed forces of the United States.

33 (B) a civilian employee of the Department of Defense subject to the

34 Uniform Code of Military Justice.

35 (2) The appropriate military authority is responsible for taking necessary

36 disciplinary action and submitting to the Secretary (or the Administrator

37 with respect to aviation safety duties and powers designated to be carried

38 out by the Administrator) a timely report on action taken.

39 § 46302. False information

40 (a) CIVIL PENALTY.—A person that, knowing the information to be false,

41 gives, or causes to be given, under circumstances in which the information
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1 reasonably may be believed, false information about an alleged attempt

2 being made or to be made to do an act that would violate section 46502(a),

3 46504, 46505, or 46506 of this title, is liable to the United States Govern4 ment for a civil penalty of not more than $10,000 for each violation.

5 (b) COMPROMISE AND SETOFF.—(1) The Secretary of Transportation

6 may compromise the amount of a civil penalty imposed under subsection (a)

7 of this section.

8 (2) The Government may deduct the amount of a civil penalty imposed

9 or compromised under this section from amounts it owes the person liable

10 for the penalty.

11 § 46303. Carrying a weapon

12 (a) CIVIL PENALTY.—An individual who, when on, or attempting to

13 board, an aircraft in, or intended for operation in, air transportation or

14 intrastate air transportation, has on or about the individual or the property

15 of the individual a concealed dangerous weapon that is or would be acces16 sible to the individual in flight is liable to the United States Government

17 for a civil penalty of not more than $10,000 for each violation.

18 (b) COMPROMISE AND SETOFF.—(1) The Secretary of Transportation

19 may compromise the amount of a civil penalty imposed under subsection (a)

20 of this section.

21 (2) The Government may deduct the amount of a civil penalty imposed

22 or compromised under this section from amounts it owes the individual lia23 ble for the penalty.

24 (c) NONAPPLICATION.—This section does not apply to—

25 (1) a law enforcement officer of a State or political subdivision of

26 a State, or an officer or employee of the Government, authorized to

27 carry arms in an official capacity; or

28 (2) another individual the Administrator of the Federal Aviation Ad29 ministration by regulation authorizes to carry arms in an official capac30 ity.

31 § 46304. Liens on aircraft

32 (a) AIRCRAFT SUBJECT TO LIENS.—When an aircraft is involved in a

33 violation referred to in section 46301(a)(1)(A)–(C), (2), or (3) of this title

34 and the violation is by the owner of, or individual commanding, the aircraft,

35 the aircraft is subject to a lien for the civil penalty.

36 (b) SEIZURE.—An aircraft subject to a lien under this section may be

37 seized summarily and placed in the custody of a person authorized to take

38 custody of it under regulations of the Secretary of Transportation (or the

39 Administrator of the Federal Aviation Administration with respect to avia40 tion safety duties and powers designated to be carried out by the Adminis41 trator). A report on the seizure shall be submitted to the Attorney General.
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1 The Attorney General promptly shall bring a civil action in rem to enforce

2 the lien or notify the Secretary or Administrator that the action will not

3 be brought.

4 (c) RELEASE.—An aircraft seized under subsection (b) of this section

5 shall be released from custody when—

6 (1) the civil penalty is paid;

7 (2) a compromise amount agreed on is paid;

8 (3) the aircraft is seized under a civil action in rem to enforce the

9 lien;

10 (4) the Attorney General gives notice that a civil action will not be

11 brought under subsection (b) of this section; or

12 (5) a bond (in an amount and with a surety the Secretary or Admin13 istrator prescribes), conditioned on payment of the penalty or com14 promise, is deposited with the Secretary or Administrator.

15 § 46305. Actions to recover civil penalties

16 A civil penalty under this chapter may be collected by bringing a civil ac17 tion against the person subject to the penalty, a civil action in rem against

18 an aircraft subject to a lien for a penalty, or both. The action shall conform

19 as nearly as practicable to a civil action in admiralty, regardless of the place

20 an aircraft in a civil action in rem is seized. However, a party may demand

21 a jury trial of an issue of fact in an action involving a civil penalty under

22 this chapter (except a penalty imposed by the Secretary of Transportation

23 that formerly was imposed by the Civil Aeronautics Board) if the value of

24 the matter in controversy is more than $20. Issues of fact tried by a jury

25 may be reexamined only under common law rules.

26 § 46306. Registration violations involving aircraft not pro27 viding air transportation

28 (a) APPLICATION.—This section applies only to aircraft not used to pro29 vide air transportation.

30 (b) GENERAL CRIMINAL PENALTY.—Except as provided by subsection (c)

31 of this section, a person shall be fined under title 18, imprisoned for not

32 more than 3 years, or both, if the person—

33 (1) knowingly and willfully forges or alters a certificate authorized

34 to be issued under this part;

35 (2) knowingly sells, uses, attempts to use, or possesses with the in36 tent to use, such a certificate;

37 (3) knowingly and willfully displays or causes to be displayed on an

38 aircraft a mark that is false or misleading about the nationality or reg39 istration of the aircraft;

40 (4) obtains a certificate authorized to be issued under this part by

41 knowingly and willfully falsifying or concealing a material fact, making
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1 a false, fictitious, or fraudulent statement, or making or using a false

2 document knowing it contains a false, fictitious, or fraudulent state3 ment or entry;

4 (5) owns an aircraft eligible for registration under section 44102 of

5 this title and knowingly and willfully operates, attempts to operate, or

6 allows another person to operate the aircraft when—

7 (A) the aircraft is not registered under section 44103 of this

8 title or the certificate of registration is suspended or revoked; or

9 (B) the owner knows or has reason to know that the other per10 son does not have proper authorization to operate or navigate the

11 aircraft without registration for a period of time after transfer of

12 ownership;

13 (6) knowingly and willfully operates or attempts to operate an air14 craft eligible for registration under section 44102 of this title knowing

15 that—

16 (A) the aircraft is not registered under section 44103 of this

17 title;

18 (B) the certificate of registration is suspended or revoked; or

19 (C) the person does not have proper authorization to operate or

20 navigate the aircraft without registration for a period of time after

21 transfer of ownership;

22 (7) knowingly and willfully serves or attempts to serve in any capac23 ity as an airman without an airman’s certificate authorizing the indi24 vidual to serve in that capacity;

25 (8) knowingly and willfully employs for service or uses in any capac26 ity as an airman an individual who does not have an airman’s certifi27 cate authorizing the individual to serve in that capacity; or

28 (9) operates an aircraft with a fuel tank or fuel system that has been

29 installed or modified knowing that the tank, system, installation, or

30 modification does not comply with regulations and requirements of the

31 Administrator of the Federal Aviation Administration.

32 (c) CONTROLLED SUBSTANCE CRIMINAL PENALTY.—(1) In this sub33 section, ‘‘controlled substance’’ has the same meaning given that term in

34 section 102 of the Comprehensive Drug Abuse Prevention and Control Act

35 of 1970 (21 U.S.C. 802).

36 (2) A person violating subsection (b) of this section shall be fined under

37 title 18, imprisoned for not more than 5 years, or both, if the violation is

38 related to transporting a controlled substance by aircraft or aiding or facili39 tating a controlled substance violation and the transporting, aiding, or facili40 tating—
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1 (A) is punishable by death or imprisonment of more than one year

2 under a law of the United States or a State; or

3 (B) provided is related to an act punishable by death or imprison4 ment for more than one year under a law of the United States or a

5 State related to a controlled substance (except a law related to simple

6 possession of a controlled substance).

7 (3) A term of imprisonment imposed under paragraph (2) of this sub8 section shall be served in addition to, and not concurrently with, any other

9 term of imprisonment imposed on the individual.

10 (d) SEIZURE AND FORFEITURE.—(1) The Administrator of Drug En11 forcement or the Commissioner of Customs may seize and forfeit under the

12 customs laws an aircraft whose use is related to a violation of subsection

13 (b) of this section, or to aid or facilitate a violation, regardless of whether

14 a person is charged with the violation.

15 (2) An aircraft’s use is presumed to have been related to a violation of,

16 or to aid or facilitate a violation of—

17 (A) subsection (b)(1) of this section if the aircraft certificate of reg18 istration has been forged or altered;

19 (B) subsection (b)(3) of this section if there is an external display

20 of false or misleading registration numbers or country of registration;

21 (C) subsection (b)(4) of this section if—

22 (i) the aircraft is registered to a false or fictitious person; or

23 (ii) the application form used to obtain the aircraft certificate

24 of registration contains a material false statement;

25 (D) subsection (b)(5) of this section if the aircraft was operated

26 when it was not registered under section 44103 of this title; or

27 (E) subsection (b)(9) of this section if the aircraft has a fuel tank

28 or fuel system that was installed or altered—

29 (i) in violation of a regulation or requirement of the Adminis30 trator of the Federal Aviation Administration; or

31 (ii) if a certificate required to be issued for the installation or

32 alteration is not carried on the aircraft.

33 (3) The Administrator of the Federal Aviation Administration, the Ad34 ministrator of Drug Enforcement, and the Commissioner shall agree to a

35 memorandum of understanding to establish procedures to carry out this

36 subsection.

37 (e) RELATIONSHIP TO STATE LAWS.—This part does not prevent a State

38 from establishing a criminal penalty, including providing for forfeiture and

39 seizure of aircraft, for a person that—

40 (1) knowingly and willfully forges or alters an aircraft certificate of

41 registration;
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1 (2) knowingly sells, uses, attempts to use, or possesses with the in2 tent to use, a fraudulent aircraft certificate of registration;

3 (3) knowingly and willfully displays or causes to be displayed on an

4 aircraft a mark that is false or misleading about the nationality or reg5 istration of the aircraft; or

6 (4) obtains an aircraft certificate of registration from the Adminis7 trator of the Federal Aviation Administration by—

8 (A) knowingly and willfully falsifying or concealing a material

9 fact;

10 (B) making a false, fictitious, or fraudulent statement; or

11 (C) making or using a false document knowing it contains a

12 false, fictitious, or fraudulent statement or entry.

13 § 46307. Violation of national defense airspace

14 A person that knowingly or willfully violates section 40103(b)(3) of this

15 title or a regulation prescribed or order issued under section 40103(b)(3)

16 shall be fined under title 18, imprisoned for not more than one year, or

17 both.

18 § 46308. Interference with air navigation

19 A person shall be fined under title 18, imprisoned for not more than 5

20 years, or both, if the person—

21 (1) with intent to interfere with air navigation in the United States,

22 exhibits in the United States a light or signal at a place or in a way

23 likely to be mistaken for a true light or signal established under this

24 part or for a true light or signal used at an air navigation facility;

25 (2) after a warning from the Administrator of the Federal Aviation

26 Administration, continues to maintain a misleading light or signal; or

27 (3) knowingly interferes with the operation of a true light or signal.

28 § 46309. Concession and rate violations

29 (a) CRIMINAL PENALTY FOR OFFERING, GRANTING, GIVING, OR HELP30 ING TO OBTAIN CONCESSIONS AND LOWER RATES.—An air carrier, foreign

31 air carrier, ticket agent, or officer, agent, or employee of an air carrier, for32 eign air carrier, or ticket agent shall be fined under title 18 if the air car33 rier, foreign air carrier, ticket agent, officer, agent, or employee—

34 (1) knowingly and willfully offers, grants, or gives, or causes to be

35 offered, granted, or given, a rebate or other concession in violation of

36 this part; or

37 (2) by any means knowingly and willfully assists, or willingly allows,

38 a person to obtain transportation or services subject to this part at less

39 than the rate lawfully in effect.
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1 (b) CRIMINAL PENALTY FOR RECEIVING REBATES, PRIVILEGES, AND FA2 CILITIES.—A person shall be fined under title 18 if the person by any

3 means—

4 (1) knowingly and willfully solicits, accepts, or receives a rebate of

5 a part of a rate lawfully in effect for the foreign air transportation of

6 property, or a service related to the foreign air transportation; or

7 (2) knowingly solicits, accepts, or receives a privilege or facility relat8 ed to a matter the Secretary of Transportation requires be specified in

9 a currently effective tariff applicable to the foreign air transportation

10 of property.

11 § 46310. Reporting and recordkeeping violations

12 (a) GENERAL CRIMINAL PENALTY.—An air carrier or an officer, agent,

13 or employee of an air carrier shall be fined under title 18 for intentionally—

14 (1) failing to make a report or keep a record under this part;

15 (2) falsifying, mutilating, or altering a report or record under this

16 part; or

17 (3) filing a false report or record under this part.

18 (b) SAFETY REGULATION CRIMINAL PENALTY.—An air carrier or an offi19 cer, agent, or employee of an air carrier shall be fined under title 18, im20 prisoned for not more than 5 years, or both, for intentionally falsifying or

21 concealing a material fact, or inducing reliance on a false statement of ma22 terial fact, in a report or record under section 44701(a) or (b) or 44702–

23 44716 of this title.

24 § 46311. Unlawful disclosure of information

25 (a) CRIMINAL PENALTY.—The Secretary of Transportation, the Adminis26 trator of the Federal Aviation Administration with respect to aviation safety

27 duties and powers designated to be carried out by the Administrator, or an

28 officer or employee of the Secretary or Administrator shall be fined under

29 title 18, imprisoned for not more than 2 years, or both, if the Secretary,

30 Administrator, officer, or employee knowingly and willfully discloses infor31 mation that—

32 (1) the Secretary, Administrator, officer, or employee acquires when

33 inspecting the records of an air carrier; or

34 (2) is withheld from public disclosure under section 40115 of this

35 title.

36 (b) NONAPPLICATION.—Subsection (a) of this section does not apply if—

37 (1) the officer or employee is directed by the Secretary or Adminis38 trator to disclose information that the Secretary or Administrator had

39 ordered withheld; or

40 (2) the Secretary, Administrator, officer, or employee is directed by

41 a court of competent jurisdiction to disclose the information.
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1 (c) WITHHOLDING INFORMATION FROM CONGRESS.—This section does

2 not authorize the Secretary or Administrator to withhold information from

3 a committee of Congress authorized to have the information.

4 § 46312. Transporting hazardous material

5 A person shall be fined under title 18, imprisoned for not more than 5

6 years, or both, if the person, in violation of a regulation or requirement re7 lated to the transportation of hazardous material prescribed by the Sec8 retary of Transportation under this part—

9 (1) willfully delivers, or causes to be delivered, property containing

10 hazardous material to an air carrier or to an operator of a civil aircraft

11 for transportation in air commerce; or

12 (2) recklessly causes the transportation in air commerce of the prop13 erty.

14 § 46313. Refusing to appear or produce records

15 A person not obeying a subpena or requirement of the Secretary of

16 Transportation (or the Administrator of the Federal Aviation Administra17 tion with respect to aviation safety duties and powers designated to be car18 ried out by the Administrator) to appear and testify or produce records

19 shall be fined under title 18, imprisoned for not more than one year, or

20 both.

21 § 46314. Entering aircraft or airport area in violation of se22 curity requirements

23 (a) PROHIBITION.—A person may not knowingly and willfully enter, in

24 violation of security requirements prescribed under section 44901, 44903(b)

25 or (c), or 44906 of this title, an aircraft or an airport area that serves an

26 air carrier or foreign air carrier.

27 (b) CRIMINAL PENALTY.—(1) A person violating subsection (a) of this

28 section shall be fined under title 18, imprisoned for not more than one year,

29 or both.

30 (2) A person violating subsection (a) of this section with intent to com31 mit, in the aircraft or airport area, a felony under a law of the United

32 States or a State shall be fined under title 18, imprisoned for not more than

33 10 years, or both.

34 § 46315. Lighting violations involving transporting con35 trolled substances by aircraft not providing air

36 transportation

37 (a) APPLICATION.—This section applies only to aircraft not used to pro38 vide air transportation.

39 (b) CRIMINAL PENALTY.—A person shall be fined under title 18, impris40 oned for not more than 5 years, or both, if—
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1 (1) the person knowingly and willfully operates an aircraft in viola2 tion of a regulation or requirement of the Administrator of the Federal

3 Aviation Administration related to the display of navigation or anti4 collision lights;

5 (2) the person is knowingly transporting a controlled substance by

6 aircraft or aiding or facilitating a controlled substance offense; and

7 (3) the transporting, aiding, or facilitating—

8 (A) is punishable by death or imprisonment for more than one

9 year under a law of the United States or a State; or

10 (B) is provided in connection with an act punishable by death

11 or imprisonment for more than one year under a law of the United

12 States or a State related to a controlled substance (except a law

13 related to simple possession of a controlled substance).

14 § 46316. General criminal penalty when specific penalty not

15 provided

16 (a) CRIMINAL PENALTY.—Except as provided by subsection (b) of this

17 section, when another criminal penalty is not provided under this chapter,

18 a person that knowingly and willfully violates this part, a regulation pre19 scribed or order issued by the Secretary of Transportation (or the Adminis20 trator of the Federal Aviation Administration with respect to aviation safety

21 duties and powers designated to be carried out by the Administrator) under

22 this part, or any term of a certificate or permit issued under section 41102,

23 41103, or 41302 of this title shall be fined under title 18. A separate viola24 tion occurs for each day the violation continues.

25 (b) NONAPPLICATION.—Subsection (a) of this section does not apply to

26 chapter 401 (except sections 40103(a) and (d), 40105, 40116, and 40117),

27 chapter 441 (except section 44109), chapter 445, and sections 44701(a) and

28 (b), 44702–44716, 44901, 44903(b) and (c), 44905, 44906, 44912–44915,

29 and 44932–44938 of this title.

30 CHAPTER 465—SPECIAL AIRCRAFT JURISDICTION OF

31 THE UNITED STATES

Sec.

46501. Definitions.

46502. Aircraft piracy.

46503. Death penalty sentencing procedure for aircraft piracy.

46504. Interference with flight crew members and attendants.

46505. Carrying a weapon or explosive on an aircraft.

46506. Application of certain criminal laws to acts on aircraft.

46507. False information and threats.

32 § 46501. Definitions

33 In this chapter—

34 (1) ‘‘aircraft in flight’’ means an aircraft from the moment all exter35 nal doors are closed following boarding—
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1 (A) through the moment when one external door is opened to

2 allow passengers to leave the aircraft; or

3 (B) until, if a forced landing, competent authorities take over

4 responsibility for the aircraft and individuals and property on the

5 aircraft.

6 (2) ‘‘special aircraft jurisdiction of the United States’’ includes any

7 of the following aircraft in flight:

8 (A) a civil aircraft of the United States.

9 (B) an aircraft of the armed forces of the United States.

10 (C) another aircraft in the United States.

11 (D) another aircraft outside the United States—

12 (i) that has its next scheduled destination or last place of

13 departure in the United States, if the aircraft next lands in

14 the United States;

15 (ii) on which an individual commits an offense (as defined

16 in the Convention for the Suppression of Unlawful Seizure of

17 Aircraft) if the aircraft lands in the United States with the

18 individual still on the aircraft; or

19 (iii) against which an individual commits an offense (as de20 fined in subsection (d) or (e) of article I, section I of the Con21 vention for the Suppression of Unlawful Acts against the

22 Safety of Civil Aviation) if the aircraft lands in the United

23 States with the individual still on the aircraft.

24 (E) any other aircraft leased without crew to a lessee whose

25 principal place of business is in the United States or, if the lessee

26 does not have a principal place of business, whose permanent resi27 dence is in the United States.

28 (3) an individual commits an offense (as defined in the Convention

29 for the Suppression of Unlawful Seizure of Aircraft) when the individ30 ual, when on an aircraft in flight—

31 (A) by any form of intimidation, unlawfully seizes, exercises

32 control of, or attempts to seize or exercise control of, the aircraft;

33 or

34 (B) is an accomplice of an individual referred to in subclause

35 (A) of this clause.

36 § 46502. Aircraft piracy

37 (a) IN SPECIAL AIRCRAFT JURISDICTION.—(1) In this subsection—

38 (A) ‘‘aircraft piracy’’ means seizing or exercising control of an air39 craft in the special aircraft jurisdiction of the United States by force,

40 violence, threat of force or violence, or any form of intimidation, and

41 with wrongful intent.
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1 (B) an attempt to commit aircraft piracy is in the special aircraft

2 jurisdiction of the United States although the aircraft is not in flight

3 at the time of the attempt if the aircraft would have been in the special

4 aircraft jurisdiction of the United States had the aircraft piracy been

5 completed.

6 (2) An individual committing or attempting to commit aircraft piracy—

7 (A) shall be imprisoned for at least 20 years; or

8 (B) if the death of another individual results from the commission

9 or attempt, shall be put to death or imprisoned for life.

10 (b) OUTSIDE SPECIAL AIRCRAFT JURISDICTION.—(1) An individual com11 mitting an offense (as defined in the Convention for the Suppression of Un12 lawful Seizure of Aircraft) on an aircraft in flight outside the special air13 craft jurisdiction of the United States and later found in the United

14 States—

15 (A) shall be imprisoned for at least 20 years; or

16 (B) if the death of another individual results from the commission

17 or attempt, shall be put to death or imprisoned for life.

18 (2) This subsection applies only if the place of takeoff or landing of the

19 aircraft on which the individual commits the offense is located outside the

20 territory of the country of registration of the aircraft.

21 § 46503. Death penalty sentencing procedure for aircraft pi22 racy

23 (a) GOVERNMENT STIPULATIONS.—An individual convicted of violating

24 section 46502 of this title may not be sentenced to death if the United

25 States Government stipulates that at least one of the mitigating factors

26 specified in subsection (c)(1) of this section exists or none of the aggravat27 ing factors specified in subsection (c)(2) of this section exists. If the Gov28 ernment does not stipulate, the judge presiding at the trial or accepting the

29 guilty plea of the individual shall hold a separate hearing to decide on the

30 punishment to be imposed.

31 (b) PUNISHMENT HEARINGS.—(1) The hearing under this section shall

32 be conducted—

33 (A) before the jury that found the defendant guilty;

34 (B) before a jury impaneled for the hearing when—

35 (i) the defendant was convicted by a guilty plea;

36 (ii) the defendant was convicted by a judge without a jury; or

37 (iii) the jury finding the defendant guilty was discharged by the

38 judge for good cause; or

39 (C) before the judge, on motion of the defendant and with the ap40 proval of the judge and the Government.
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1 (2) At the hearing, the judge shall disclose to the defendant or counsel

2 for the defendant all material contained in any presentence report, except

3 material the judge decides is required to be withheld to protect human life

4 or national security. Presentence information withheld from the defendant

5 may not be considered in deciding whether the factors specified in sub6 section (c) of this section exist.

7 (3) Information relevant to the mitigating factors specified in subsection

8 (c)(1) of this section may be presented by the Government or the defendant

9 without regard to the rules governing the admissibility of evidence at crimi10 nal trials. The burden of establishing the existence of a mitigating factor

11 specified in subsection (c)(1) is on the defendant.

12 (4) Information relevant to the aggravating factors specified in subsection

13 (c)(2) of this section is admissible only under rules governing the admissibil14 ity of evidence at criminal trials. The burden of establishing the existence

15 of an aggravating factor specified in subsection (c)(2) is on the Government.

16 (5) The Government and the defendant may rebut information presented

17 at the hearing. They shall be given an opportunity to present arguments on

18 the adequacy of the information to establish the existence of the factors

19 specified in subsection (c) of this section.

20 (c) MITIGATING AND AGGRAVATING FACTORS.—(1) The judge may not

21 impose the death penalty on a defendant if the jury or, if there is no jury,

22 the judge finds under this section that at the time of the violation of section

23 46502 of this title—

24 (A) the defendant was not yet 18 years of age;

25 (B) the capacity of the defendant to appreciate the wrongfulness of

26 the defendant’s conduct or to conform the defendant’s conduct to the

27 requirements of law was impaired significantly, but the capacity was

28 not impaired sufficiently to be a defense to prosecution;

29 (C) the defendant was under unusual and substantial duress, but the

30 duress was not sufficient to be a defense to prosecution;

31 (D) the defendant was a principal (as defined in section 2(a) of title

32 18) in a violation committed by another individual, but the participa33 tion of the defendant was relatively minor, although not sufficiently

34 minor to be a defense to prosecution; or

35 (E) the defendant reasonably could not have foreseen that the con36 duct of the defendant in the violation would cause or create a grave

37 risk of causing death to another individual.

38 (2) If none of the factors specified in paragraph (1) of this subsection

39 exists, the judge shall impose the death penalty on the defendant if the jury

40 or, if there is no jury, the judge finds under this section that—
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1 (A) the death of another individual resulted from the violation after

2 the defendant had seized or exercised control of the aircraft; or

3 (B) the death of another individual resulted from the violation and—

4 (i) the defendant has been convicted of another United States

5 or State offense (committed before or at the time of the violation)

6 for which punishment of life imprisonment or death could be im7 posed;

8 (ii) the defendant has been convicted of at least 2 United States

9 or State offenses with a penalty of more than one year of impris10 onment (committed on different occasions before the time of the

11 violation) that involved inflicting serious bodily injury on another

12 individual;

13 (iii) in committing the violation, the defendant knowingly cre14 ated a grave risk of death to an individual in addition to the indi15 vidual whose death resulted from the violation; or

16 (iv) the defendant committed the violation in an especially hei17 nous, cruel, or depraved manner.

18 (d) DEATH PENALTY REQUIREMENTS.—(1) If the jury or, if there is no

19 jury, the judge finds by a preponderance of the information that none of

20 the mitigating factors specified in subsection (c)(1) of this section exists and

21 that at least one of the aggravating factors specified in subsection (c)(2)

22 of this section exists, the judge shall impose the death penalty on the de23 fendant. If the jury or judge finds that at least one of the mitigating factors

24 specified in subsection (c)(1) exists, or that none of the aggravating factors

25 specified in subsection (c)(2) exists, the judge may not impose the death

26 penalty on the defendant but shall impose another penalty provided for the

27 defendant’s violation of section 46502 of this title.

28 (2) The jury or, if there is no jury, the judge shall return a special verdict

29 containing findings on whether each of the factors specified in subsection

30 (c) of this section exists.

31 § 46504. Interference with flight crew members and attend32 ants

33 An individual on an aircraft in the special aircraft jurisdiction of the

34 United States who, by assaulting or intimidating a flight crew member or

35 flight attendant of the aircraft, interferes with the performance of the duties

36 of the member or attendant or lessens the ability of the member or attend37 ant to perform those duties, shall be fined under title 18, imprisoned for

38 not more than 20 years, or both. However, if a dangerous weapon is used

39 in assaulting or intimidating the member or attendant, the individual shall

40 be imprisoned for any term of years or for life.
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1 § 46505. Carrying a weapon or explosive on an aircraft

2 (a) DEFINITION.—In this section, ‘‘loaded firearm’’ means a starter gun

3 or a weapon designed or converted to expel a projectile through an explosive,

4 that has a cartridge, a detonator, or powder in the chamber, magazine, cyl5 inder, or clip.

6 (b) GENERAL CRIMINAL PENALTY.—An individual shall be fined under

7 title 18, imprisoned for not more than one year, or both, if the individual—

8 (1) when on, or attempting to get on, an aircraft in, or intended for

9 operation in, air transportation or intrastate air transportation, has on

10 or about the individual or the property of the individual a concealed

11 dangerous weapon that is or would be accessible to the individual in

12 flight;

13 (2) has placed, attempted to place, or attempted to have placed a

14 loaded firearm on that aircraft in property not accessible to passengers

15 in flight; or

16 (3) has on or about the individual, or has placed, attempted to place,

17 or attempted to have placed on that aircraft, an explosive or incendiary

18 device.

19 (c) CRIMINAL PENALTY INVOLVING DISREGARD FOR HUMAN LIFE.—An

20 individual who willfully and without regard for the safety of human life, or

21 with reckless disregard for the safety of human life, violates subsection (b)

22 of this section, shall be fined under title 18, imprisoned for not more than

23 5 years, or both.

24 (d) NONAPPLICATION.—Subsection (b)(1) of this section does not apply

25 to—

26 (1) a law enforcement officer of a State or political subdivision of

27 a State, or an officer or employee of the United States Government,

28 authorized to carry arms in an official capacity;

29 (2) another individual the Administrator of the Federal Aviation Ad30 ministration by regulation authorizes to carry a dangerous weapon in

31 air transportation or intrastate air transportation; or

32 (3) an individual transporting a weapon (except a loaded firearm) in

33 baggage not accessible to a passenger in flight if the air carrier was

34 informed of the presence of the weapon.

35 § 46506. Application of certain criminal laws to acts on air36 craft

37 An individual on an aircraft in the special aircraft jurisdiction of the

38 United States who commits an act that—

39 (1) if committed in the special maritime and territorial jurisdiction

40 of the United States (as defined in section 7 of title 18) would violate

41 section 113, 114, 661, 662, 1111, 1112, 1113, or 2111 or chapter
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1 109A of title 18, shall be fined under title 18, imprisoned under that

2 section or chapter, or both; or

3 (2) if committed in the District of Columbia would violate section 9

4 of the Act of July 29, 1892 (D.C. Code § 22–1112), shall be fined

5 under title 18, imprisoned under section 9 of the Act, or both.

6 § 46507. False information and threats

7 An individual shall be fined under title 18, imprisoned for not more than

8 5 years, or both, if the individual—

9 (1) knowing the information to be false, willfully and maliciously or

10 with reckless disregard for the safety of human life, gives, or causes

11 to be given, under circumstances in which the information reasonably

12 may be believed, false information about an alleged attempt being made

13 or to be made to do an act that would violate section 46502(a), 46504,

14 46505, or 46506 of this title; or

15 (2)(A) threatens to violate section 46502(a), 46504, 46505, or

16 46506 of this title, or causes a threat to violate any of those sections

17 to be made; and

18 (B) appears ready and willing to carry out the threat.

19 PART B—AIRPORT DEVELOPMENT AND NOISE

20 CHAPTER 471—AIRPORT DEVELOPMENT

SUBCHAPTER I—AIRPORT IMPROVEMENT

Sec.

47101. Policies.

47102. Definitions.

47103. National plan of integrated airport systems.

47104. Project grant authority.

47105. Project grant applications.

47106. Project grant application approval conditioned on satisfaction of project requirements.

47107. Project grant application approval conditioned on assurances about airport operations.

47108. Project grant agreements.

47109. United States Government’s share of project costs.

47110. Allowable project costs.

47111. Payments under project grant agreements.

47112. Carrying out airport development projects.

47113. Minority and disadvantaged business participation.

47114. Apportionments.

47115. Discretionary fund.

47116. Small airport fund.

47117. Use of apportioned amounts.

47118. Designating current and former military airports.

47119. Terminal development costs.

47120. Grant priority.

47121. Records and audits.

47122. Administrative.

47123. Nondiscrimination.

47124. Agreements for State and local operation of airport facilities.

47125. Conveyances of United States Government land.

47126. Criminal penalties for false statements.

47127. Ground transportation demonstration projects.

47128. State block grant pilot program.

47129. Annual report.
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SUBCHAPTER II—SURPLUS PROPERTY FOR PUBLIC AIRPORTS

47151. Authority to transfer an interest in surplus property.

47152. Terms of gifts.

47153. Waiving and adding terms.

1 SUBCHAPTER I—AIRPORT IMPROVEMENT

2 § 47101. Policies

3 (a) GENERAL.—It is the policy of the United States—

4 (1) that the safe operation of the airport and airway system is the

5 highest aviation priority;

6 (2) that aviation facilities be constructed and operated to minimize

7 current and projected noise impact on nearby communities;

8 (3) to give special emphasis to developing reliever airports;

9 (4) that appropriate provisions should be made to make the develop10 ment and enhancement of cargo hub airports easier;

11 (5) to encourage the development of transportation systems that use

12 various modes of transportation in a way that will serve the States and

13 local communities efficiently and effectively;

14 (6) that airport development projects under this subchapter provide

15 for the protection and enhancement of natural resources and the qual16 ity of the environment of the United States;

17 (7) that airport construction and improvement projects that increase

18 the capacity of facilities to accommodate passenger and cargo traffic

19 be undertaken to the maximum feasible extent so that safety and effi20 ciency increase and delays decrease;

21 (8) to ensure that nonaviation usage of the navigable airspace be ac22 commodated but not allowed to decrease the safety and capacity of the

23 airspace and airport system;

24 (9) that artificial restrictions on airport capacity—

25 (A) are not in the public interest;

26 (B) should be imposed to alleviate air traffic delays only after

27 other reasonably available and less burdensome alternatives have

28 been tried; and

29 (C) should not discriminate unjustly between categories and

30 classes of aircraft; and

31 (10) that special emphasis should be placed on converting appro32 priate former military air bases to civil use and identifying and improv33 ing additional joint-use facilities.

34 (b) NATIONAL TRANSPORTATION POLICY.—(1) It is a goal of the United

35 States to develop a national intermodal transportation system that trans36 ports passengers and property in an efficient manner. The future economic

37 direction of the United States depends on its ability to confront directly the

38 enormous challenges of the global economy, declining productivity growth,
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1 energy vulnerability, air pollution, and the need to rebuild the infrastructure

2 of the United States.

3 (2) United States leadership in the world economy, the expanding wealth

4 of the United States, the competitiveness of the industry of the United

5 States, the standard of living, and the quality of life are at stake.

6 (3) A national intermodal transportation system is a coordinated, flexible

7 network of diverse but complementary forms of transportation that trans8 ports passengers and property in the most efficient manner. By reducing

9 transportation costs, these intermodal systems will enhance the ability of the

10 industry of the United States to compete in the global marketplace.

11 (4) All forms of transportation, including aviation and other transpor12 tation systems of the future, will be full partners in the effort to reduce

13 energy consumption and air pollution while promoting economic develop14 ment.

15 (5) An intermodal transportation system consists of transportation hubs

16 that connect different forms of appropriate transportation and provides

17 users with the most efficient means of transportation and with access to

18 commercial centers, business locations, population centers, and the vast

19 rural areas of the United States, as well as providing links to other forms

20 of transportation and to intercity connections.

21 (6) Intermodality and flexibility are paramount issues in the process of

22 developing an integrated system that will obtain the optimum yield of Unit23 ed States resources.

24 (7) The United States transportation infrastructure must be reshaped to

25 provide the economic underpinnings for the United States to compete in the

26 21st century global economy. The United States can no longer rely on the

27 sheer size of its economy to dominate international economic rivals and

28 must recognize fully that its economy is no longer a separate entity but is

29 part of the global marketplace. The future economic prosperity of the Unit30 ed States depends on its ability to compete in an international marketplace

31 that is teeming with competitors but in which a full one-quarter of the eco32 nomic activity of the United States takes place.

33 (8) The United States must make a national commitment to rebuild its

34 infrastructure through development of a national intermodal transportation

35 system. The United States must provide the foundation for its industries

36 to improve productivity and their ability to compete in the global economy

37 with a system that will transport passengers and property in an efficient

38 manner.

39 (c) CAPACITY EXPANSION AND NOISE ABATEMENT.—It is in the public

40 interest to recognize the effects of airport capacity expansion projects on

41 aircraft noise. Efforts to increase capacity through any means can have an
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1 impact on surrounding communities. Noncompatible land uses around air2 ports must be reduced and efforts to mitigate noise must be given a high

3 priority.

4 (d) CONSISTENCY WITH AIR COMMERCE AND SAFETY POLICIES.—Each

5 airport and airway program should be carried out consistently with section

6 40101(a), (b), (d), and (f) of this title to foster competition, prevent unfair

7 methods of competition in air transportation, maintain essential air trans8 portation, and prevent unjust and discriminatory practices, including as the

9 practices may be applied between categories and classes of aircraft.

10 (e) ADEQUACY OF NAVIGATION AIDS AND AIRPORT FACILITIES.—This

11 subchapter should be carried out to provide adequate navigation aids and

12 airport facilities for places at which scheduled commercial air service is pro13 vided. The facilities provided may include—

14 (1) reliever airports; and

15 (2) heliports designated by the Secretary of Transportation to relieve

16 congestion at commercial service airports by diverting aircraft pas17 sengers from fixed-wing aircraft to helicopter carriers.

18 (f) MAXIMUM USE OF SAFETY FACILITIES.—This subchapter should be

19 carried out consistently with a comprehensive airspace system plan, giving

20 highest priority to commercial service airports, to maximize the use of safety

21 facilities, including installing, operating, and maintaining, to the extent pos22 sible with available money and considering other safety needs—

23 (1) electronic or visual vertical guidance on each runway;

24 (2) grooving or friction treatment of each primary and secondary

25 runway;

26 (3) distance-to-go signs for each primary and secondary runway;

27 (4) a precision approach system, a vertical visual guidance system,

28 and a full approach light system for each primary runway;

29 (5) a nonprecision instrument approach for each secondary runway;

30 (6) runway end identifier lights on each runway that does not have

31 an approach light system;

32 (7) a surface movement radar system at each category III airport;

33 (8) a taxiway lighting and sign system;

34 (9) runway edge lighting and marking; and

35 (10) radar approach coverage for each airport terminal area.

36 (g) COOPERATION.—To carry out the policy of subsection (a)(5) of this

37 section, the Secretary of Transportation shall cooperate with State and local

38 officials in developing airport plans and programs that are based on overall

39 transportation needs. The airport plans and programs shall be developed in

40 coordination with other transportation planning and considering comprehen41 sive long-range land-use plans and overall social, economic, environmental,
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1 system performance, and energy conservation objectives. The process of de2 veloping airport plans and programs shall be continuing, cooperative, and

3 comprehensive to the degree appropriate to the complexity of the transpor4 tation problems.

5 (h) CONSULTATION.—To carry out the policy of subsection (a)(6) of this

6 section, the Secretary of Transportation shall consult with the Secretary of

7 the Interior and the Administrator of the Environmental Protection Agency

8 about any project included in a project grant application involving the loca9 tion of an airport or runway, or a major runway extension, that may have

10 a significant effect on—

11 (1) natural resources, including fish and wildlife;

12 (2) natural, scenic, and recreation assets;

13 (3) water and air quality; or

14 (4) another factor affecting the environment.

15 § 47102. Definitions

16 In this subchapter—

17 (1) ‘‘air carrier airport’’ means a public airport regularly served by—

18 (A) an air carrier certificated by the Secretary of Transpor19 tation under section 41102 of this title (except a charter air car20 rier); or

21 (B) at least one air carrier—

22 (i) operating under an exemption from section 41101(a)(1)

23 of this title that the Secretary grants; and

24 (ii) having at least 2,500 passenger boardings at the air25 port during the prior calendar year.

26 (2) ‘‘airport’’—

27 (A) means—

28 (i) an area of land or water used or intended to be used

29 for the landing and taking off of aircraft;

30 (ii) an appurtenant area used or intended to be used for

31 airport buildings or other airport facilities or rights of way;

32 and

33 (iii) airport buildings and facilities located in any of those

34 areas; and

35 (B) includes a heliport.

36 (3) ‘‘airport development’’ means the following activities, if under37 taken by the sponsor, owner, or operator of a public-use airport:

38 (A) constructing, repairing, or improving a public-use airport,

39 including—

40 (i) removing, lowering, relocating, marking, and lighting an

41 airport hazard; and
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1 (ii) preparing a plan or specification, including carrying out

2 a field investigation.

3 (B) acquiring for, or installing at, a public-use airport—

4 (i) a navigation aid or another aid (including a precision

5 approach system) used by aircraft for landing at or taking off

6 from the airport, including preparing the site as required by

7 the acquisition or installation;

8 (ii) safety or security equipment the Secretary requires by

9 regulation for, or approves as contributing significantly to,

10 the safety or security of individuals and property at the air11 port;

12 (iii) equipment to remove snow, to measure runway surface

13 friction, or for aviation-related weather reporting;

14 (iv) firefighting and rescue equipment at an airport that

15 serves scheduled passenger operations of air carrier aircraft

16 designed for more than 20 passenger seats;

17 (v) aircraft deicing equipment and structures (except air18 craft deicing fluids and storage facilities for the equipment

19 and fluids); and

20 (vi) interactive training systems.

21 (C) acquiring an interest in land or airspace, including land for

22 future airport development, that is needed—

23 (i) to carry out airport development described in subclause

24 (A) or (B) of this clause; or

25 (ii) to remove or mitigate an existing airport hazard or pre26 vent or limit the creation of a new airport hazard.

27 (D) acquiring land for, or constructing, a burn area training

28 structure on or off the airport to provide live fire drill training for

29 aircraft rescue and firefighting personnel required to receive the

30 training under regulations the Secretary prescribes, including

31 basic equipment and minimum structures to support the training

32 under standards the Administrator of the Federal Aviation Admin33 istration prescribes.

34 (E) relocating after December 31, 1991, an air traffic control

35 tower and any navigational aid (including radar) if the relocation

36 is necessary to carry out a project approved by the Secretary

37 under this subchapter.

38 (F) constructing, reconstructing, repairing, or improving an air39 port, or purchasing capital equipment for an airport, if paid for

40 by a grant under this subchapter and necessary for compliance

41 with the responsibilities of the operator or owner of the airport
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1 under the Americans with Disabilities Act of 1990 (42 U.S.C.

2 12101 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), and

3 the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),

4 except constructing or purchasing capital equipment that would

5 benefit primarily a revenue-producing area of the airport used by

6 a nonaeronautical business.

7 (G) acquiring land for, or work necessary to construct, a pad

8 suitable for deicing aircraft before takeoff at a commercial service

9 airport, including constructing or reconstructing paved areas,

10 drainage collection structures, treatment and discharge systems,

11 appropriate lighting, paved access for deicing vehicles and aircraft,

12 but not including acquiring aircraft deicing fluids or constructing

13 or reconstructing storage facilities for aircraft deicing equipment

14 or fluids.

15 (4) ‘‘airport hazard’’ means a structure or object of natural growth

16 located on or near a public-use airport, or a use of land near the air17 port, that obstructs or otherwise is hazardous to the landing or taking

18 off of aircraft at or from the airport.

19 (5) ‘‘airport planning’’ means planning as defined by regulations the

20 Secretary prescribes and includes integrated airport system planning.

21 (6) ‘‘amount made available under section 48103 of this title’’ means

22 the amount authorized for grants under section 48103 of this title as

23 reduced by any law enacted after September 3, 1982.

24 (7) ‘‘commercial service airport’’ means a public airport in a State

25 that the Secretary determines has at least 2,500 passenger boardings

26 each year and is receiving scheduled passenger aircraft service.

27 (8) ‘‘integrated airport system planning’’ means developing for plan28 ning purposes information and guidance to decide the extent, kind, lo29 cation, and timing of airport development needed in a specific area to

30 establish a viable, balanced, and integrated system of public-use air31 ports, including—

32 (A) identifying system needs;

33 (B) developing an estimate of systemwide development costs;

34 (C) conducting studies, surveys, and other planning actions, in35 cluding those related to airport access, needed to decide which

36 aeronautical needs should be met by a system of airports; and

37 (D) standards prescribed by a State, except standards for safety

38 of approaches, for airport development at nonprimary public-use

39 airports.
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1 (9) ‘‘landed weight’’ means the weight of aircraft transporting only

2 cargo in intrastate, interstate, and foreign air transportation, as the

3 Secretary determines under regulations the Secretary prescribes.

4 (10) ‘‘passenger boardings’’—

5 (A) means revenue passenger boardings on an aircraft in service

6 in air commerce as the Secretary determines under regulations the

7 Secretary prescribes; and

8 (B) includes passengers who continue on an aircraft in inter9 national flight that stops at an airport in the 48 contiguous

10 States, Alaska, or Hawaii for a nontraffic purpose.

11 (11) ‘‘primary airport’’ means a commercial service airport the Sec12 retary determines to have more than 10,000 passenger boardings each

13 year.

14 (12) ‘‘project’’ means a project, separate projects included in one

15 project grant application, or all projects to be undertaken at an airport

16 in a fiscal year, to achieve airport development or airport planning.

17 (13) ‘‘project cost’’ means a cost involved in carrying out a project.

18 (14) ‘‘project grant’’ means a grant of money the Secretary makes

19 to a sponsor to carry out at least one project.

20 (15) ‘‘public agency’’ means—

21 (A) a State or political subdivision of a State;

22 (B) a tax-supported organization; or

23 (C) an Indian tribe or pueblo.

24 (16) ‘‘public airport’’ means an airport used or intended to be used

25 for public purposes—

26 (A) that is under the control of a public agency; and

27 (B) of which the area used or intended to be used for the land28 ing, taking off, or surface maneuvering of aircraft is publicly

29 owned.

30 (17) ‘‘public-use airport’’ means—

31 (A) a public airport; or

32 (B) a privately-owned airport used or intended to be used for

33 public purposes that is—

34 (i) a reliever airport; or

35 (ii) determined by the Secretary to have at least 2,500 pas36 senger boardings each year and to receive scheduled pas37 senger aircraft service.

38 (18) ‘‘reliever airport’’ means an airport the Secretary designates to

39 relieve congestion at a commercial service airport and to provide more

40 general aviation access to the overall community.

41 (19) ‘‘sponsor’’ means—
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1 (A) a public agency that submits to the Secretary under this

2 subchapter an application for financial assistance; and

3 (B) a private owner of a public-use airport that submits to the

4 Secretary under this subchapter an application for financial assist5 ance for the airport.

6 (20) ‘‘State’’ means a State of the United States, the District of Co7 lumbia, Puerto Rico, the Virgin Islands, American Samoa, the North8 ern Mariana Islands, the Trust Territory of the Pacific Islands, and

9 Guam.

10 § 47103. National plan of integrated airport systems

11 (a) GENERAL REQUIREMENTS AND CONSIDERATIONS.—The Secretary of

12 Transportation shall maintain the plan for developing public-use airports in

13 the United States, named ‘‘the national plan of integrated airport systems’’.

14 The plan shall include the kind and estimated cost of eligible airport devel15 opment the Secretary of Transportation considers necessary to provide a

16 safe, efficient, and integrated system of public-use airports adequate to an17 ticipate and meet the needs of civil aeronautics, to meet the national defense

18 requirements of the Secretary of Defense, and to meet identified needs of

19 the United States Postal Service. Airport development included in the plan

20 may not be limited to meeting the needs of any particular classes or cat21 egories of public-use airports. In maintaining the plan, the Secretary of

22 Transportation shall consider the needs of each segment of civil aviation and

23 the relationship of each airport to—

24 (1) the rest of the transportation system in the particular area;

25 (2) forecasted technological developments in aeronautics; and

26 (3) forecasted developments in other modes of intercity transpor27 tation.

28 (b) SPECIFIC REQUIREMENTS.—In maintaining the plan, the Secretary of

29 Transportation shall—

30 (1) to the extent possible and as appropriate, consult with depart31 ments, agencies, and instrumentalities of the United States Govern32 ment, with public agencies, and with the aviation community;

33 (2) consider tall structures that reduce safety or airport capacity;

34 and

35 (3) make every reasonable effort to address the needs of air cargo

36 operations, Short Takeoff and Landing/Very Short Takeoff and Land37 ing aircraft operations, and rotary wing aircraft operations.

38 (c) AVAILABILITY OF DOMESTIC MILITARY AIRPORTS AND AIRPORT FA39 CILITIES.—To the extent possible, the Secretary of Defense shall make do40 mestic military airports and airport facilities available for civil use. In advis41 ing the Secretary of Transportation under subsection (a) of this section, the
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1 Secretary of Defense shall indicate the extent to which domestic military

2 airports and airport facilities are available for civil use.

3 (d) PUBLICATION.—The Secretary of Transportation shall publish the

4 status of the plan every 2 years.

5 § 47104. Project grant authority

6 (a) GENERAL AUTHORITY.—To maintain a safe and efficient nationwide

7 system of public-use airports that meets the present and future needs of

8 civil aeronautics, the Secretary of Transportation may make project grants

9 under this subchapter from the Airport and Airway Trust Fund.

10 (b) INCURRING OBLIGATIONS.—The Secretary may incur obligations to

11 make grants from amounts made available under section 48103 of this title

12 as soon as the amounts are apportioned under section 47114(c) and (d)(2)

13 of this title.

14 (c) EXPIRATION OF AUTHORITY.—After September 30, 1993, the Sec15 retary may not incur obligations under subsection (b) of this section, except

16 for obligations of amounts remaining available after that date under section

17 47117(b) of this title.

18 § 47105. Project grant applications

19 (a) SUBMISSION AND CONSULTATION.—(1) An application for a project

20 grant under this subchapter may be submitted to the Secretary of Transpor21 tation by—

22 (A) a sponsor; or

23 (B) a State, as the only sponsor, for an airport development project

24 benefitting at least 2 airports in the State or for airport planning for

25 similar projects for at least 2 airports in the State if—

26 (i) the sponsor of each airport gives written consent that the

27 State be the applicant;

28 (ii) the Secretary is satisfied there is administrative merit and

29 aeronautical benefit in the State being the sponsor; and

30 (iii) an acceptable agreement exists that ensures that the State

31 will comply with appropriate grant conditions and other assur32 ances the Secretary requires.

33 (2) Before deciding to undertake an airport development project at an

34 airport under this subchapter, a sponsor shall consult with the airport users

35 that will be affected by the project.

36 (3) This subsection does not authorize a public agency that is subject to

37 the laws of a State to apply for a project grant in violation of a law of the

38 State.

39 (b) CONTENTS AND FORM.—An application for a project grant under this

40 subchapter—

41 (1) shall describe the project proposed to be undertaken;
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1 (2) may propose a project only for a public-use airport included in

2 the current national plan of integrated airport systems;

3 (3) may propose airport development only if the development com4 plies with standards the Secretary prescribes or approves, including

5 standards for site location, airport layout, site preparation, paving,

6 lighting, and safety of approaches; and

7 (4) shall be in the form and contain other information the Secretary

8 prescribes.

9 (c) STATE STANDARDS FOR AIRPORT DEVELOPMENT.—The Secretary

10 may approve standards (except standards for safety of approaches) that a

11 State prescribes for airport development at nonprimary public-use airports

12 in the State. On approval under this subsection, a State’s standards apply

13 to the nonprimary public-use airports in the State instead of the comparable

14 standards prescribed by the Secretary under subsection (b)(3) of this sec15 tion. The Secretary, or the State with the approval of the Secretary, may

16 revise standards approved under this subsection.

17 (d) CERTIFICATION OF COMPLIANCE.—The Secretary may require a

18 sponsor to certify that the sponsor will comply with this subchapter in car19 rying out the project. The Secretary may rescind the acceptance of a certifi20 cation at any time. This subsection does not affect an obligation or respon21 sibility of the Secretary under another law of the United States.

22 (e) NOTIFICATION.—The sponsor of an airport for which an amount is

23 apportioned under section 47114(c) of this title shall notify the Secretary

24 of the fiscal year in which the sponsor intends to submit a project grant

25 application for the apportioned amount. The notification shall be given by

26 the time and contain the information the Secretary prescribes.

27 § 47106. Project grant application approval conditioned on

28 satisfaction of project requirements

29 (a) PROJECT GRANT APPLICATION APPROVAL.—The Secretary of Trans30 portation may approve an application under this subchapter for a project

31 grant only if the Secretary is satisfied that—

32 (1) the project is consistent with plans (existing at the time the

33 project is approved) of public agencies authorized by the State in which

34 the airport is located to plan for the development of the area surround35 ing the airport;

36 (2) the project will contribute to carrying out this subchapter;

37 (3) enough money is available to pay the project costs that will not

38 be paid by the United States Government under this subchapter;

39 (4) the project will be completed without unreasonable delay; and

40 (5) the sponsor has authority to carry out the project as proposed.
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1 (b) AIRPORT DEVELOPMENT PROJECT GRANT APPLICATION AP2 PROVAL.—The Secretary may approve an application under this subchapter

3 for an airport development project grant for an airport only if the Secretary

4 is satisfied that—

5 (1) the sponsor, a public agency, or the Government holds good title

6 to the areas of the airport used or intended to be used for the landing,

7 taking off, or surface maneuvering of aircraft, or that good title will

8 be acquired;

9 (2) the interests of the community in or near which the project may

10 be located have been given fair consideration; and

11 (3) the application provides touchdown zone and centerline runway

12 lighting, high intensity runway lighting, or land necessary for installing

13 approach light systems that the Secretary, considering the category of

14 the airport and the kind and volume of traffic using it, decides is nec15 essary for safe and efficient use of the airport by aircraft.

16 (c) ENVIRONMENTAL REQUIREMENTS.—(1) The Secretary may approve

17 an application under this subchapter for an airport development project in18 volving the location of an airport or runway or a major runway extension—

19 (A) only if the sponsor certifies to the Secretary that—

20 (i) an opportunity for a public hearing was given to consider the

21 economic, social, and environmental effects of the location and the

22 location’s consistency with the objectives of any planning that the

23 community has carried out; and

24 (ii) the airport management board has voting representation

25 from the communities in which the project is located or has ad26 vised the communities that they have the right to petition the Sec27 retary about a proposed project;

28 (B) only if the chief executive officer of the State in which the

29 project will be located certifies in writing to the Secretary that there

30 is reasonable assurance that the project will be located, designed, con31 structed, and operated in compliance with applicable air and water

32 quality standards, except that the Administrator of the Environmental

33 Protection Agency shall make the certification instead of the chief exec34 utive officer if—

35 (i) the State has not approved any applicable State or local

36 standards; and

37 (ii) the Administrator has prescribed applicable standards; and

38 (C) if the application is found to have a significant adverse effect

39 on natural resources, including fish and wildlife, natural, scenic, and

40 recreation assets, water and air quality, or another factor affecting the

41 environment, only after finding that no possible and prudent alternative
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1 to the project exists and that every reasonable step has been taken to

2 minimize the adverse effect.

3 (2) The Secretary may approve an application under this subchapter for

4 an airport development project that does not involve the location of an air5 port or runway, or a major runway extension, at an existing airport without

6 requiring an environmental impact statement related to noise for the project

7 if—

8 (A) completing the project would allow operations at the airport in9 volving aircraft complying with the noise standards prescribed for

10 ‘‘stage 2’’ aircraft in section 36.1 of title 14, Code of Federal Regula11 tions, to replace existing operations involving aircraft that do not com12 ply with those standards; and

13 (B) the project meets the other requirements under this subchapter.

14 (3) At the Secretary’s request, the sponsor shall give the Secretary a copy

15 of the transcript of any hearing held under paragraph (1)(A) of this sub16 section.

17 (4)(A) Notice of certification or of refusal to certify under paragraph

18 (1)(B) of this subsection shall be provided to the Secretary not later than

19 60 days after the Secretary receives the application.

20 (B) The Secretary shall condition approval of the application on compli21 ance with the applicable standards during construction and operation.

22 (5) The Secretary may make a finding under paragraph (1)(C) of this

23 subsection only after completely reviewing the matter. The review and find24 ing must be a matter of public record.

25 (d) GENERAL AVIATION AIRPORT PROJECT GRANT APPLICATION AP26 PROVAL.—(1) In this subsection, ‘‘general aviation airport’’ means a public

27 airport that is not an air carrier airport.

28 (2) The Secretary may approve an application under this subchapter for

29 an airport development project included in a project grant application in30 volving the construction or extension of a runway at a general aviation air31 port located on both sides of a boundary line separating 2 counties within

32 a State only if, before the application is submitted to the Secretary, the

33 project is approved by the governing body of each village incorporated under

34 the laws of the State and located entirely within 5 miles of the nearest

35 boundary of the airport.

36 (e) WITHHOLDING APPROVAL.—(1) The Secretary may withhold approval

37 of an application under this subchapter for amounts apportioned under sec38 tion 47114(c) and (e) of this title for violating an assurance or requirement

39 of this subchapter only if—

40 (A) the Secretary provides the sponsor an opportunity for a hearing;

41 and
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1 (B) not later than 180 days after the later of the date of the applica2 tion or the date the Secretary discovers the noncompliance, the Sec3 retary finds that a violation has occurred.

4 (2) The 180-day period may be extended by—

5 (A) agreement between the Secretary and the sponsor; or

6 (B) the hearing officer if the officer decides an extension is necessary

7 because the sponsor did not follow the schedule the officer established.

8 (3) A person adversely affected by an order of the Secretary withholding

9 approval may obtain review of the order by filing a petition in the United

10 States Court of Appeals for the District of Columbia Circuit or in the court

11 of appeals of the United States for the circuit in which the project is lo12 cated. The action must be brought not later than 60 days after the order

13 is served on the petitioner.

14 § 47107. Project grant application approval conditioned on

15 assurances about airport operations

16 (a) GENERAL WRITTEN ASSURANCES.—The Secretary of Transportation

17 may approve a project grant application under this subchapter for an air18 port development project only if the Secretary receives written assurances,

19 satisfactory to the Secretary, that—

20 (1) the airport will be available for public use on reasonable condi21 tions and without unjust discrimination;

22 (2) air carriers making similar use of the airport will be subject to

23 substantially comparable charges—

24 (A) for facilities directly and substantially related to providing

25 air transportation; and

26 (B) regulations and conditions, except for differences based on

27 reasonable classifications, such as between—

28 (i) tenants and nontenants; and

29 (ii) signatory and nonsignatory carriers;

30 (3) the airport operator will not withhold unreasonably the classifica31 tion or status of tenant or signatory from an air carrier that assumes

32 obligations substantially similar to those already imposed on air car33 riers of that classification or status;

34 (4) a person providing, or intending to provide, aeronautical services

35 to the public will not be given an exclusive right to use the airport,

36 with a right given to only one fixed-base operator to provide services

37 at an airport deemed not to be an exclusive right if—

38 (A) the right would be unreasonably costly, burdensome, or im39 practical for more than one fixed-base operator to provide the

40 services; and
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1 (B) allowing more than one fixed-base operator to provide the

2 services would require reducing the space leased under an existing

3 agreement between the one fixed-base operator and the airport

4 owner or operator;

5 (5) fixed-base operators similarly using the airport will be subject to

6 the same charges;

7 (6) an air carrier using the airport may service itself or use any

8 fixed-base operator allowed by the airport operator to service any car9 rier at the airport;

10 (7) the airport and facilities on or connected with the airport will

11 be operated and maintained suitably, with consideration given to cli12 matic and flood conditions;

13 (8) a proposal to close the airport temporarily for a nonaeronautical

14 purpose must first be approved by the Secretary;

15 (9) appropriate action will be taken to ensure that terminal airspace

16 required to protect instrument and visual operations to the airport (in17 cluding operations at established minimum flight altitudes) will be

18 cleared and protected by mitigating existing, and preventing future,

19 airport hazards;

20 (10) appropriate action, including the adoption of zoning laws, has

21 been or will be taken to the extent reasonable to restrict the use of land

22 next to or near the airport to uses that are compatible with normal air23 port operations;

24 (11) each of the airport’s facilities developed with financial assist25 ance from the United States Government and each of the airport’s fa26 cilities usable for the landing and taking off of aircraft always will be

27 available without charge for use by Government aircraft in common

28 with other aircraft, except that if the use is substantial, the Govern29 ment may be charged a reasonable share, proportionate to the use, of

30 the cost of operating and maintaining the facility used;

31 (12) the airport owner or operator will provide, without charge to the

32 Government, property interests of the sponsor in land or water areas

33 or buildings that the Secretary decides are desirable for, and that will

34 be used for, constructing at Government expense, facilities for carrying

35 out activities related to air traffic control or navigation;

36 (13) the airport owner or operator will maintain a schedule of

37 charges for use of facilities and services at the airport—

38 (A) that will make the airport as self-sustaining as possible

39 under the circumstances existing at the airport, including volume

40 of traffic and economy of collection; and
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1 (B) without including in the rate base used for the charges the

2 Government’s share of costs for any project for which a grant is

3 made under this subchapter or was made under the Federal Air4 port Act or the Airport and Airway Development Act of 1970;

5 (14) the project accounts and records will be kept using a standard

6 system of accounting that the Secretary, after consulting with appro7 priate public agencies, prescribes;

8 (15) the airport owner or operator will submit any annual or special

9 airport financial and operations reports to the Secretary that the Sec10 retary reasonably requests;

11 (16) the airport owner or operator will maintain a current layout

12 plan of the airport that meets the following requirements:

13 (A) the plan will be in a form the Secretary prescribes;

14 (B) the Secretary will approve the plan and any revision or

15 modification before the plan, revision, or modification takes effect;

16 (C) the owner or operator will not make or allow any alteration

17 in the airport or any of its facilities if the alteration does not com18 ply with the plan the Secretary approves, and the Secretary is of

19 the opinion that the alteration may affect adversely the safety,

20 utility, or efficiency of the airport; and

21 (D) when an alteration in the airport or its facility is made that

22 does not conform to the approved plan and that the Secretary de23 cides adversely affects the safety, utility, or efficiency of any prop24 erty on or off the airport that is owned, leased, or financed by the

25 Government, the owner or operator, if requested by the Secretary,

26 will—

27 (i) eliminate the adverse effect in a way the Secretary ap28 proves; or

29 (ii) bear all cost of relocating the property or its replace30 ment to a site acceptable to the Secretary and of restoring

31 the property or its replacement to the level of safety, utility,

32 efficiency, and cost of operation that existed before the alter33 ation was made;

34 (17) each contract and subcontract for program management, con35 struction management, planning studies, feasibility studies, architec36 tural services, preliminary engineering, design, engineering, surveying,

37 mapping, and related services will be awarded in the same way that

38 a contract for architectural and engineering services is negotiated

39 under title IX of the Federal Property and Administrative Services Act

40 of 1949 (40 U.S.C. 541 et seq.) or an equivalent qualifications-based

41 requirement prescribed for or by the sponsor; and
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1 (18) the airport and each airport record will be available for inspec2 tion by the Secretary on reasonable request, and a report of the airport

3 budget will be available to the public at reasonable times and places.

4 (b) WRITTEN ASSURANCES ON USE OF REVENUE.—(1) The Secretary of

5 Transportation may approve a project grant application under this sub6 chapter for an airport development project only if the Secretary receives

7 written assurances, satisfactory to the Secretary, that local taxes on aviation

8 fuel (except taxes in effect on December 30, 1987) and the revenues gen9 erated by a public airport will be expended for the capital or operating costs

10 of—

11 (A) the airport;

12 (B) the local airport system; or

13 (C) other local facilities owned or operated by the airport owner or

14 operator and directly and substantially related to the air transportation

15 of passengers or property.

16 (2) Paragraph (1) of this subsection does not apply if a provision enacted

17 not later than September 2, 1982, in a law controlling financing by the air18 port owner or operator, or a covenant or assurance in a debt obligation is19 sued not later than September 2, 1982, by the owner or operator, provides

20 that the revenues, including local taxes on aviation fuel at public airports,

21 from any of the facilities of the owner or operator, including the airport,

22 be used to support not only the airport but also the general debt obligations

23 or other facilities of the owner or operator.

24 (3) This subsection does not prevent the use of a State tax on aviation

25 fuel to support a State aviation program or the use of airport revenue on

26 or off the airport for a noise mitigation purpose.

27 (c) WRITTEN ASSURANCES ON ACQUIRING LAND.—(1) In this subsection,

28 land is needed for an airport purpose (except a noise compatibility purpose)

29 if—

30 (A)(i) the land may be needed for an aeronautical purpose (including

31 runway protection zone) or serves as noise buffer land; and

32 (ii) revenue from interim uses of the land contributes to the financial

33 self-sufficiency of the airport; and

34 (B) for land purchased with a grant the owner or operator received

35 not later than December 30, 1987, the Secretary of Transportation or

36 the department, agency, or instrumentality of the Government that

37 made the grant was notified by the owner or operator of the use of

38 the land and did not object to the use and the land is still being used

39 for that purpose.

40 (2) The Secretary of Transportation may approve an application under

41 this subchapter for an airport development project grant only if the Sec-
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1 retary receives written assurances, satisfactory to the Secretary, that if an

2 airport owner or operator has received or will receive a grant for acquiring

3 land and—

4 (A) if the land was or will be acquired for a noise compatibility pur5 pose—

6 (i) the owner or operator will dispose of the land at fair market

7 value at the earliest practicable time after the land no longer is

8 needed for a noise compatibility purpose;

9 (ii) the disposition will be subject to retaining or reserving an

10 interest in the land necessary to ensure that the land will be used

11 in a way that is compatible with noise levels associated with oper12 ating the airport; and

13 (iii) the part of the proceeds from disposing of the land that is

14 proportional to the Government’s share of the cost of acquiring

15 the land will be paid to the Secretary for deposit in the Airport

16 and Airway Trust Fund established under section 9502 of the In17 ternal Revenue Code of 1986 (26 U.S.C. 9502) or, as the Sec18 retary prescribes, reinvested in an approved noise compatibility

19 project; or

20 (B) if the land was or will be acquired for an airport purpose (except

21 a noise compatibility purpose)—

22 (i) the owner or operator, when the land no longer is needed for

23 an airport purpose, will dispose of the land at fair market value

24 or make available to the Secretary an amount equal to the Govern25 ment’s proportional share of the fair market value;

26 (ii) the disposition will be subject to retaining or reserving an

27 interest in the land necessary to ensure that the land will be used

28 in a way that is compatible with noise levels associated with oper29 ating the airport; and

30 (iii) the part of the proceeds from disposing of the land that is

31 proportional to the Government’s share of the cost of acquiring

32 the land will be reinvested, on application to the Secretary, in an33 other eligible airport development project the Secretary approves

34 under this subchapter or paid to the Secretary for deposit in the

35 Fund if another eligible project does not exist.

36 (3) Proceeds referred to in paragraph (2)(A)(iii) and (B)(iii) of this sub37 section and deposited in the Airport and Airway Trust Fund are available

38 as provided in subsection (f) of this section.

39 (d) ASSURANCES OF CONTINUATION AS PUBLIC-USE AIRPORT.—The

40 Secretary of Transportation may approve an application under this sub41 chapter for an airport development project grant for a privately owned pub-
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1 lic-use airport only if the Secretary receives appropriate assurances that the

2 airport will continue to function as a public-use airport during the economic

3 life (that must be at least 10 years) of any facility at the airport that was

4 developed with Government financial assistance under this subchapter.

5 (e) WRITTEN ASSURANCES OF OPPORTUNITIES FOR SMALL BUSINESS

6 CONCERNS.—(1) The Secretary of Transportation may approve a project

7 grant application under this subchapter for an airport development project

8 only if the Secretary receives written assurances, satisfactory to the Sec9 retary, that the airport owner or operator will take necessary action to en10 sure, to the maximum extent practicable, that at least 10 percent of all

11 businesses at the airport selling consumer products or providing consumer

12 services to the public are small business concerns (as defined by regulations

13 of the Secretary) owned and controlled by a socially and economically dis14 advantaged individual (as defined in section 47113(a) of this title).

15 (2) An airport owner or operator may meet the percentage goal of para16 graph (1) of this subsection by including any business operated through a

17 management contract or subcontract. The dollar amount of a management

18 contract or subcontract with a disadvantaged business enterprise shall be

19 added to the total participation by disadvantaged business enterprises in

20 airport concessions and to the base from which the airport’s percentage goal

21 is calculated. The dollar amount of a management contract or subcontract

22 with a non-disadvantaged business enterprise and the gross revenue of busi23 ness activities to which the management contract or subcontract pertains

24 may not be added to this base.

25 (3) Except as provided in paragraph (4) of this subsection, an airport

26 owner or operator may meet the percentage goal of paragraph (1) of this

27 subsection by including the purchase from disadvantaged business enter28 prises of goods and services used in businesses conducted at the airport, but

29 the owner or operator and the businesses conducted at the airport shall

30 make good faith efforts to explore all available options to achieve, to the

31 maximum extent practicable, compliance with the goal through direct owner32 ship arrangements, including joint ventures and franchises.

33 (4)(A) In complying with paragraph (1) of this subsection, an airport

34 owner or operator shall include the revenues of car rental firms at the air35 port in the base from which the percentage goal in paragraph (1) is cal36 culated.

37 (B) An airport owner or operator may require a car rental firm to meet

38 a requirement under paragraph (1) of this subsection by purchasing or leas39 ing goods or services from a disadvantaged business enterprise. If an owner

40 or operator requires such a purchase or lease, a car rental firm shall be per41 mitted to meet the requirement by including purchases or leases of vehicles
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1 from any vendor that qualifies as a small business concern owned and con2 trolled by a socially and economically disadvantaged individual.

3 (C) This subsection does not require a car rental firm to change its cor4 porate structure to provide for direct ownership arrangements to meet the

5 requirements of this subsection.

6 (5) This subsection does not preempt—

7 (A) a State or local law, regulation, or policy enacted by the govern8 ing body of an airport owner or operator; or

9 (B) the authority of a State or local government or airport owner

10 or operator to adopt or enforce a law, regulation, or policy related to

11 disadvantaged business enterprises.

12 (6) An airport owner or operator may provide opportunities for a small

13 business concern owned and controlled by a socially and economically dis14 advantaged individual to participate through direct contractual agreement

15 with that concern.

16 (7) An air carrier that provides passenger or property-carrying services

17 or another business that conducts aeronautical activities at an airport may

18 not be included in the percentage goal of paragraph (1) of this subsection

19 for participation of small business concerns at the airport.

20 (8) Not later than April 29, 1993, the Secretary of Transportation shall

21 prescribe regulations to carry out this subsection.

22 (f) AVAILABILITY OF AMOUNTS.—An amount deposited in the Airport

23 and Airway Trust Fund under—

24 (1) subsection (c)(2)(A)(iii) of this section is available to the Sec25 retary of Transportation to make a grant for airport development or

26 airport planning under section 47104 of this title;

27 (2) subsection (c)(2)(B)(iii) of this section is available to the Sec28 retary—

29 (A) to make a grant for a purpose described in section 47115(b)

30 of this title; and

31 (B) for use under section 47114(d)(2) of this title at another

32 airport in the State in which the land was disposed of under sub33 section (c)(2)(B)(ii) of this section; and

34 (3) subsection (c)(2)(B)(iii) of this section is in addition to an

35 amount made available to the Secretary under section 48103 of this

36 title and not subject to apportionment under section 47114 of this title.

37 (g) ENSURING COMPLIANCE.—(1) To ensure compliance with this section,

38 the Secretary of Transportation—

39 (A) shall prescribe requirements for sponsors that the Secretary con40 siders necessary; and

41 (B) may make a contract with a public agency.
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1 (2) The Secretary of Transportation may approve an application for a

2 project grant only if the Secretary is satisfied that the requirements pre3 scribed under paragraph (1)(A) of this subsection have been or will be met.

4 (h) MODIFYING ASSURANCES AND REQUIRING COMPLIANCE WITH ADDI5 TIONAL ASSURANCES.—Before modifying an assurance required of a person

6 receiving a grant under this subchapter and in effect after December 29,

7 1987, or to require compliance with an additional assurance from the per8 son, the Secretary of Transportation must—

9 (1) publish notice of the proposed modification in the Federal Reg10 ister; and

11 (2) provide an opportunity for comment on the proposal.

12 (i) RELIEF FROM OBLIGATION TO PROVIDE FREE SPACE.—When a

13 sponsor provides a property interest in a land or water area or a building

14 that the Secretary of Transportation uses to construct a facility at Govern15 ment expense, the Secretary may relieve the sponsor from an obligation in

16 a contract made under this chapter, the Airport and Airway Development

17 Act of 1970, or the Federal Airport Act to provide free space to the Govern18 ment in an airport building, to the extent the Secretary finds that the free

19 space no longer is needed to carry out activities related to air traffic control

20 or navigation.

21 (j) USE OF REVENUE IN HAWAII.—(1) In this subsection—

22 (A) ‘‘duty-free merchandise’’ and ‘‘duty-free sales enterprise’’ have

23 the same meanings given those terms in section 555(b)(8) of the Tariff

24 Act of 1930 (19 U.S.C. 1555(b)(8)).

25 (B) ‘‘highway’’ and ‘‘Federal-aid system’’ have the same meanings

26 given those terms in section 101(a) of title 23.

27 (2) Notwithstanding subsection (b)(1) of this section, Hawaii may use,

28 for a project for construction or reconstruction of a highway on a Federal29 aid system that is not more than 10 miles by road from an airport and that

30 will facilitate access to the airport, revenue from the sales at off-airport lo31 cations in Hawaii of duty-free merchandise under a contract between Ha32 waii and a duty-free sales enterprise. However, the revenue resulting during

33 a Hawaiian fiscal year may be used only if the amount of the revenue, plus

34 amounts Hawaii receives in the fiscal year from all other sources for costs

35 Hawaii incurs for operating all airports it operates and for debt service re36 lated to capital projects for the airports (including interest and amortization

37 of principal costs), is more than 150 percent of the projected costs for the

38 fiscal year.

39 (3)(A) Revenue from sales referred to in paragraph (2) of this subsection

40 in a Hawaiian fiscal year that Hawaii may use may not be more than the
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1 amount that is greater than 150 percent as determined under paragraph

2 (2).

3 (B) The maximum amount of revenue Hawaii may use under paragraph

4 (2) of this subsection is $250,000,000.

5 (4) If a fee imposed or collected for rent, landing, or service from an air6 craft operator by an airport operated by Hawaii is increased during the pe7 riod from May 4, 1990, through December 31, 1994, by more than the per8 centage change in the Consumer Price Index of All Urban Consumers for

9 Honolulu, Hawaii, that the Secretary of Labor publishes during that period

10 and if revenue derived from the fee increases because the fee increased, the

11 amount under paragraph (3)(B) of this subsection shall be reduced by the

12 amount of the projected revenue increase in the period less the part of the

13 increase attributable to changes in the Index in the period.

14 (5) Hawaii shall determine costs, revenue, and projected revenue in15 creases referred to in this subsection and shall submit the determinations

16 to the Secretary of Transportation. A determination is approved unless the

17 Secretary disapproves it not later than 30 days after it is submitted.

18 (6) Hawaii is not eligible for a grant under section 47115 of this title

19 in a fiscal year in which Hawaii uses under paragraph (2) of this subsection

20 revenue from sales referred to in paragraph (2). Hawaii shall repay

21 amounts it receives in a fiscal year under a grant it is not eligible to receive

22 because of this paragraph to the Secretary of Transportation for deposit in

23 the discretionary fund established under section 47115.

24 (7)(A) This subsection applies only to revenue from sales referred to in

25 paragraph (2) of this subsection from May 5, 1990, through December 30,

26 1994, and to amounts in the Airport Revenue Fund of Hawaii that are at27 tributable to revenue before May 4, 1990, on sales referred to in paragraph

28 (2).

29 (B) Revenue from sales referred to in paragraph (2) of this subsection

30 from May 5, 1990, through December 30, 1994, may be used under para31 graph (2) in any Hawaiian fiscal year, including a Hawaiian fiscal year be32 ginning after December 31, 1994.

33 § 47108. Project grant agreements

34 (a) OFFER AND ACCEPTANCE.—On approving a project grant application

35 under this subchapter, the Secretary of Transportation shall offer the spon36 sor a grant to pay the United States Government’s share of the project

37 costs allowable under section 47110 of this title. The Secretary may impose

38 terms on the offer that the Secretary considers necessary to carry out this

39 subchapter and regulations prescribed under this subchapter. An offer shall

40 state the obligations to be assumed by the sponsor and the maximum

41 amount the Government will pay for the project from the amounts author-
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1 ized under chapter 481 of this title (except sections 48102(e), 48106,

2 48107, and 48110). At the request of the sponsor, an offer of a grant for

3 a project that will not be completed in one fiscal year shall provide for the

4 obligation of amounts apportioned or to be apportioned to a sponsor under

5 section 47114(c) of this title for the fiscal years necessary to pay the Gov6 ernment’s share of the cost of the project. An offer that is accepted in writ7 ing by the sponsor is an agreement binding on the Government and the

8 sponsor. The Government may pay or be obligated to pay a project cost only

9 after a grant agreement for the project is signed.

10 (b) INCREASING GOVERNMENT’S SHARE UNDER THIS SUBCHAPTER OR

11 CHAPTER 475.—(1) When an offer has been accepted in writing, the

12 amount stated in the offer as the maximum amount the Government will

13 pay may be increased only as provided in paragraphs (2) and (3) of this

14 subsection.

15 (2)(A) For a project receiving assistance under a grant approved under

16 the Airport and Airway Improvement Act of 1982 before October 1, 1987,

17 the amount may be increased by not more than—

18 (i) 10 percent for an airport development project, except a project

19 for acquiring an interest in land; and

20 (ii) 50 percent of the total increase in allowable project costs attrib21 utable to acquiring an interest in land, based on current creditable ap22 praisals.

23 (B) An increase under subparagraph (A) of this paragraph may be paid

24 only from amounts the Government recovers from other grants made under

25 this subchapter.

26 (3) For a project receiving assistance under a grant approved under the

27 Act, this subchapter, or chapter 475 of this title after September 30, 1987,

28 the amount may be increased—

29 (A) for an airport development project, by not more than 15 percent;

30 and

31 (B) for a grant after September 30, 1992, to acquire an interest in

32 land for an airport (except a primary airport), by not more than the

33 greater of the following, based on current creditable appraisals or a

34 court award in a condemnation proceeding:

35 (i) 15 percent; or

36 (ii) 25 percent of the total increase in allowable project costs

37 attributable to acquiring an interest in land.

38 (c) INCREASING GOVERNMENT’S SHARE UNDER AIRPORT AND AIRWAY

39 DEVELOPMENT ACT OF 1970.—For a project receiving assistance under a

40 grant made under the Airport and Airway Development Act of 1970, the

41 maximum amount the Government will pay may be increased by not more
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1 than 10 percent. An increase under this subsection may be paid only from

2 amounts the Government recovers from other grants made under the Act.

3 (d) CHANGING WORKSCOPE.—With the consent of the sponsor, the Sec4 retary may amend a grant agreement made under this subchapter to change

5 the workscope of a project financed under the grant if the amendment does

6 not result in an increase in the maximum amount the Government may pay

7 under subsection (b) of this section.

8 § 47109. United States Government’s share of project costs

9 (a) GENERAL.—Except as provided in subsections (b) and (c) of this sec10 tion, the United States Government’s share of allowable project costs is—

11 (1) 75 percent for a project at a primary airport having at least .25

12 percent of the total number of passenger boardings each year at all

13 commercial service airports; and

14 (2) 90 percent for a project at any other airport.

15 (b) INCREASED GOVERNMENT SHARE.—If, under subsection (a) of this

16 section, the Government’s share of allowable costs of a project in a State

17 containing unappropriated and unreserved public lands and nontaxable In18 dian lands (individual and tribal) of more than 5 percent of the total area

19 of all lands in the State, is less than the share applied on June 30, 1975,

20 under section 17(b) of the Airport and Airway Development Act of 1970,

21 the Government’s share under subsection (a) of this section shall be in22 creased by the lesser of—

23 (1) 25 percent;

24 (2) one-half of the percentage that the area of unappropriated and

25 unreserved public lands and nontaxable Indian lands in the State is of

26 the total area of the State; or

27 (3) the percentage necessary to increase the Government’s share to

28 the percentage that applied on June 30, 1975, under section 17(b) of

29 the Act.

30 (c) LIMITATION.—Notwithstanding subsections (a) and (b) of this section,

31 the Government’s share of project costs allowable under section 47110(d)

32 of this title may not be more than 75 percent, except that the Government’s

33 share shall be 85 percent for a project at a commercial service airport that

34 does not have more than .05 percent of the total annual passenger

35 boardings in the United States.

36 § 47110. Allowable project costs

37 (a) GENERAL AUTHORITY.—Except as provided in section 47111 of this

38 title, the United States Government may pay or be obligated to pay, from

39 amounts appropriated to carry out this subchapter, a cost incurred in carry40 ing out a project under this subchapter only if the Secretary of Transpor41 tation decides the cost is allowable.
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1 (b) ALLOWABLE COST STANDARDS.—A project cost is allowable—

2 (1) if the cost necessarily is incurred in carrying out the project in

3 compliance with the grant agreement made for the project under this

4 subchapter, including any cost a sponsor incurs related to an audit the

5 Secretary requires under section 47121(b) or (d) of this title;

6 (2) if the cost is incurred—

7 (A) after the grant agreement is executed and is for airport de8 velopment or airport planning carried out after the grant agree9 ment is executed; or

10 (B) after June 1, 1989, by the airport operator (regardless of

11 when the grant agreement is executed) as part of a Government12 approved noise compatibility program (including project formula13 tion costs) and is consistent with all applicable statutory and ad14 ministrative requirements;

15 (3) to the extent the cost is reasonable in amount;

16 (4) if the cost is not incurred in a project for airport development

17 or airport planning for which other Government assistance has been

18 granted; and

19 (5) if the total costs allowed for the project are not more than the

20 amount stated in the grant agreement as the maximum the Govern21 ment will pay (except as provided in section 47108(b) of this title).

22 (c) CERTAIN PRIOR COSTS AS ALLOWABLE COSTS.—The Secretary may

23 decide that a project cost under subsection (b)(2)(A) of this section incurred

24 after May 13, 1946, and before the date the grant agreement is executed

25 is allowable if it is—

26 (1) necessarily incurred in formulating an airport development

27 project, including costs incurred for field surveys, plans and specifica28 tions, property interests in land or airspace, and administration or

29 other incidental items that would not have been incurred except for the

30 project; or

31 (2) necessarily and directly incurred in developing the work scope of

32 an airport planning project.

33 (d) TERMINAL DEVELOPMENT COSTS.—(1) The Secretary may decide

34 that the cost of terminal development (including multi-modal terminal devel35 opment) in a nonrevenue-producing public-use area of a commercial service

36 airport is allowable for an airport development project at the airport—

37 (A) if the sponsor certifies that the airport, on the date the grant

38 application is submitted to the Secretary, has—

39 (i) all the safety equipment required for certification of the air40 port under section 44706 of this title;

41 (ii) all the security equipment required by regulation; and
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1 (iii) provided for access, to the area of the airport for pas2 sengers for boarding or exiting aircraft, to those passengers board3 ing or exiting aircraft, except air carrier aircraft;

4 (B) if the cost is directly related to moving passengers and baggage

5 in air commerce within the airport, including vehicles for moving pas6 sengers between terminal facilities and between terminal facilities and

7 aircraft; and

8 (C) under terms necessary to protect the interests of the Govern9 ment.

10 (2) In making a decision under paragraph (1) of this subsection, the Sec11 retary may approve as allowable costs the expenses of terminal development

12 in a revenue-producing area and construction, reconstruction, repair, and

13 improvement in a nonrevenue-producing parking lot if—

14 (A) the airport does not have more than .05 percent of the total an15 nual passenger boardings in the United States; and

16 (B) the sponsor certifies that any needed airport development project

17 affecting safety, security, or capacity will not be deferred because of

18 the Secretary’s approval.

19 (e) LETTERS OF INTENT.—(1) The Secretary may issue a letter of intent

20 to the sponsor stating an intention to obligate from future budget authority

21 an amount, not more than the Government’s share of allowable project

22 costs, for an airport development project (including costs of formulating the

23 project) at a primary or reliever airport. The letter shall establish a schedule

24 under which the Secretary will reimburse the sponsor for the Government’s

25 share of allowable project costs, as amounts become available, if the spon26 sor, after the Secretary issues the letter, carries out the project without re27 ceiving amounts under this subchapter.

28 (2) Paragraph (1) of this subsection applies to a project—

29 (A) about which the sponsor notifies the Secretary, before the project

30 begins, of the sponsor’s intent to carry out the project;

31 (B) that will comply with all statutory and administrative require32 ments that would apply to the project if it were carried out with

33 amounts made available under this subchapter; and

34 (C) the Secretary decides will enhance system-wide airport capacity

35 significantly and meets the criteria of section 47115(d) of this title.

36 (3) A letter of intent issued under paragraph (1) of this subsection is not

37 an obligation of the Government under section 1501 of title 31, and the let38 ter is not deemed to be an administrative commitment for financing. An ob39 ligation or administrative commitment may be made only as amounts are

40 provided in authorization and appropriation laws.
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1 (4) The total estimated amount of future Government obligations covered

2 by all outstanding letters of intent under paragraph (1) of this subsection

3 may not be more than the amount authorized to carry out section 48103

4 of this title, less an amount reasonably estimated by the Secretary to be

5 needed for grants under section 48103 that are not covered by a letter.

6 (5) A letter of intent issued under paragraph (1) of this subsection may

7 not condition the obligation of amounts on the imposition of a passenger

8 facility fee.

9 (f) NONALLOWABLE COSTS.—Except as provided in subsection (d) of this

10 section and section 47118(f) of this title, a cost is not an allowable airport

11 development project cost if it is for—

12 (1) constructing a public parking facility for passenger automobiles;

13 (2) constructing, altering, or repairing part of an airport building,

14 except to the extent the building will be used for facilities or activities

15 directly related to the safety of individuals at the airport;

16 (3) decorative landscaping; or

17 (4) providing or installing sculpture or art works.

18 § 47111. Payments under project grant agreements

19 (a) GENERAL AUTHORITY.—After making a project grant agreement

20 under this subchapter and consulting with the sponsor, the Secretary of

21 Transportation may decide when and in what amounts payments under the

22 agreement will be made. Payments totaling not more than 90 percent of the

23 United States Government’s share of the project’s estimated allowable costs

24 may be made before the project is completed if the sponsor certifies to the

25 Secretary that the total amount expended from the advance payments at

26 any time will not be more than the cost of the airport development work

27 completed on the project at that time.

28 (b) RECOVERING PAYMENTS.—If the Secretary determines that the total

29 amount of payments made under a grant agreement under this subchapter

30 is more than the Government’s share of the total allowable project costs,

31 the Government may recover the excess amount. If the Secretary finds that

32 a project for which an advance payment was made has not been completed

33 within a reasonable time, the Government may recover any part of the ad34 vance payment for which the Government received no benefit.

35 (c) PAYMENT DEPOSITS.—A payment under a project grant agreement

36 under this subchapter may be made only to an official or depository des37 ignated by the sponsor and authorized by law to receive public money.

38 (d) WITHHOLDING PAYMENTS.—(1) The Secretary may withhold a pay39 ment under a grant agreement under this subchapter for more than 180

40 days after the payment is due only if the Secretary—
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1 (A) notifies the sponsor and provides an opportunity for a hearing;

2 and

3 (B) finds that the sponsor has violated the agreement.

4 (2) The 180-day period may be extended by—

5 (A) agreement of the Secretary and the sponsor; or

6 (B) the hearing officer if the officer decides an extension is necessary

7 because the sponsor did not follow the schedule the officer established.

8 (3) A person adversely affected by an order of the Secretary withholding

9 a payment may apply for review of the order by filing a petition in the Unit10 ed States Court of Appeals for the District of Columbia Circuit or in the

11 court of appeals of the United States for the circuit in which the project

12 is located. The petition must be filed not later than 60 days after the order

13 is served on the petitioner.

14 § 47112. Carrying out airport development projects

15 (a) CONSTRUCTION WORK.—The Secretary of Transportation may in16 spect and approve construction work for an airport development project car17 ried out under a grant agreement under this subchapter. The construction

18 work must be carried out in compliance with regulations the Secretary pre19 scribes. The regulations shall require the sponsor to make necessary cost

20 and progress reports on the project. The regulations may amend or modify

21 a contract related to the project only if the contract was made with actual

22 notice of the regulations.

23 (b) PREVAILING WAGES.—A contract for more than $2,000 involving

24 labor for an airport development project carried out under a grant agree25 ment under this subchapter must require contractors to pay labor minimum

26 wage rates as determined by the Secretary of Labor under the Act of March

27 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5). The

28 minimum rates must be included in the bids for the work and in the invita29 tion for those bids.

30 (c) VETERANS’ PREFERENCE.—(1) In this subsection—

31 (A) ‘‘disabled veteran’’ has the same meaning given that term in sec32 tion 2108 of title 5.

33 (B) ‘‘Vietnam-era veteran’’ means an individual who served on active

34 duty (as defined in section 101 of title 38) in the armed forces for

35 more than 180 consecutive days, any part of which occurred after Au36 gust 4, 1964, and before May 8, 1975, and who was separated from

37 the armed forces under honorable conditions.

38 (2) A contract involving labor for carrying out an airport development

39 project under a grant agreement under this subchapter must require that

40 preference in the employment of labor (except in executive, administrative,
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1 and supervisory positions) be given to Vietnam-era veterans and disabled

2 veterans when they are available and qualified for the employment.

3 § 47113. Minority and disadvantaged business participation

4 (a) DEFINITIONS.—In this section—

5 (1) ‘‘small business concern’’—

6 (A) has the same meaning given that term in section 3 of the

7 Small Business Act (15 U.S.C. 632); but

8 (B) does not include a concern, or group of concerns controlled

9 by the same socially and economically disadvantaged individual,

10 that has average annual gross receipts over the prior 3 fiscal years

11 of more than $16,015,000, as adjusted by the Secretary of Trans12 portation for inflation.

13 (2) ‘‘socially and economically disadvantaged individual’’ has the

14 same meaning given that term in section 8(c) of the Act (15 U.S.C.

15 637(c)) and relevant subcontracting regulations prescribed under sec16 tion 8(c), except that women are presumed to be socially and economi17 cally disadvantaged.

18 (b) GENERAL REQUIREMENT.—Except to the extent the Secretary de19 cides otherwise, at least 10 percent of amounts available in a fiscal year

20 under section 48103 of this title shall be expended with small business con21 cerns owned and controlled by socially and economically disadvantaged indi22 viduals.

23 (c) UNIFORM CRITERIA.—The Secretary shall establish minimum uniform

24 criteria for State governments and airport sponsors to use in certifying

25 whether a small business concern qualifies under this section. The criteria

26 shall include on-site visits, personal interviews, licenses, analyses of stock

27 ownership and bonding capacity, listings of equipment and work completed,

28 resumes of principal owners, financial capacity, and type of work preferred.

29 (d) SURVEYS AND LISTS.—Each State or airport sponsor annually shall

30 survey and compile a list of small business concerns referred to in sub31 section (b) of this section and the location of each concern in the State.

32 § 47114. Apportionments

33 (a) DEFINITION.—In this section, ‘‘amount subject to apportionment’’

34 means the amount newly made available under section 48103 of this title

35 for a fiscal year.

36 (b) APPORTIONMENT DATE.—On the first day of each fiscal year, the

37 Secretary of Transportation shall apportion the amount subject to appor38 tionment for that fiscal year as provided in this section.

39 (c) AMOUNTS APPORTIONED TO SPONSORS.—(1)(A) The Secretary shall

40 apportion to the sponsor of each primary airport for each fiscal year an

41 amount equal to—
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1 (i) $7.80 for each of the first 50,000 passenger boardings at the air2 port during the prior calendar year;

3 (ii) $5.20 for each of the next 50,000 passenger boardings at the air4 port during the prior calendar year;

5 (iii) $2.60 for each of the next 400,000 passenger boardings at the

6 airport during the prior calendar year; and

7 (iv) $.65 for each additional passenger boarding at the airport dur8 ing the prior calendar year.

9 (B) Not less than $400,000 nor more than $22,000,000 may be appor10 tioned under subparagraph (A) of this paragraph to an airport sponsor for

11 a primary airport for each fiscal year.

12 (2)(A) The Secretary shall apportion to the sponsors of airports served

13 by aircraft providing air transportation of only cargo with a total annual

14 landed weight of more than 100,000,000 pounds for each fiscal year an

15 amount equal to 3.5 percent of the amount subject to apportionment each

16 year, allocated among those airports in the proportion that the total annual

17 landed weight of those aircraft landing at each of those airports bears to

18 the total annual landed weight of those aircraft landing at all those airports.

19 However, not more than 8 percent of the amount apportioned under this

20 paragraph may be apportioned for any one airport.

21 (B) Landed weight under subparagraph (A) of this paragraph is the land22 ed weight of aircraft landing at each of those airports and all those airports

23 during the prior calendar year.

24 (3) The total of all amounts apportioned under paragraphs (1) and (2)

25 of this subsection may not be more than 44 percent of the amount subject

26 to apportionment for a fiscal year. If this paragraph requires reduction of

27 an amount that otherwise would be apportioned under this subsection, the

28 Secretary shall reduce proportionately the amount apportioned to each spon29 sor of an airport under paragraphs (1) and (2) until the 44 percent limit

30 is achieved.

31 (d) AMOUNTS APPORTIONED TO STATES.—(1) In this subsection—

32 (A) ‘‘area’’ includes land and water.

33 (B) ‘‘population’’ means the population stated in the latest decennial

34 census of the United States.

35 (2) The Secretary shall apportion to the States 12 percent of the amount

36 subject to apportionment for each fiscal year as follows:

37 (A) one percent of the apportioned amount to Guam, American

38 Samoa, the Northern Mariana Islands, the Trust Territory of the Pa39 cific Islands, and the Virgin Islands.

40 (B) except as provided in paragraph (3) of this subsection, 49.5 per41 cent of the apportioned amount for airports, except primary airports
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1 and airports described in section 47117(e)(1)(C) of this title, in States

2 not named in clause (A) of this paragraph in the proportion that the

3 population of each of those States bears to the total population of all

4 of those States.

5 (C) except as provided in paragraph (3) of this subsection, 49.5 per6 cent of the apportioned amount for airports, except primary airports

7 and airports described in section 47117(e)(1)(C) of this title, in States

8 not named in clause (A) of this paragraph in the proportion that the

9 area of each of those States bears to the total area of all of those

10 States.

11 (3) An amount apportioned under paragraph (2) of this subsection for

12 an airport in—

13 (A) Alaska may be made available by the Secretary for a public air14 port described in section 47117(e)(1)(C)(ii) of this title to which sec15 tion 15(a)(3)(A)(II) of the Airport and Airway Development Act of

16 1970 applied during the fiscal year that ended September 30, 1981;

17 and

18 (B) Puerto Rico may be made available by the Secretary for a pri19 mary airport and an airport described in section 47117(e)(1)(C) of this

20 title.

21 (e) ALTERNATIVE APPORTIONMENT FOR ALASKA.—(1) Instead of appor22 tioning amounts for airports in Alaska under subsections (c) and (d) of this

23 section, the Secretary may apportion amounts for those airports in the way

24 in which amounts were apportioned in the fiscal year ending September 30,

25 1980, under section 15(a) of the Act. However, in apportioning amounts for

26 a fiscal year under this subsection, the Secretary shall apportion—

27 (A) for each primary airport at least as much as would be appor28 tioned for the airport under subsection (c)(1) of this section; and

29 (B) a total amount at least equal to the minimum amount required

30 to be apportioned to airports in Alaska in the fiscal year ending Sep31 tember 30, 1980, under section 15(a)(3)(A) of the Act.

32 (2) This subsection does not prohibit the Secretary from making project

33 grants for airports in Alaska from the discretionary fund under section

34 47115 of this title.

35 (3) Airports referred to in this subsection include those public airports

36 that received scheduled service as of September 3, 1982, but were not ap37 portioned amounts in the fiscal year ending September 30, 1980, under sec38 tion 15(a) of the Act because the airports were not under the control of

39 a State or local public agency.

40 (f) REDUCING APPORTIONMENTS.—An amount that would be apportioned

41 under this section (except subsection (c)(2)) in a fiscal year to the sponsor
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1 of an airport having at least .25 percent of the total number of boardings

2 each year in the United States and for which a fee is imposed in the fiscal

3 year under section 40117 of this title shall be reduced by an amount equal

4 to 50 percent of the projected revenues from the fee in the fiscal year but

5 not by more than 50 percent of the amount that otherwise would be appor6 tioned under this section.

7 § 47115. Discretionary fund

8 (a) EXISTENCE AND AMOUNTS IN FUND.—The Secretary of Transpor9 tation has a discretionary fund. The fund consists of—

10 (1) amounts subject to apportionment for a fiscal year that are not

11 apportioned under section 47114(c)–(e) of this title; and

12 (2) 25 percent of amounts not apportioned under section 47114 of

13 this title because of section 47114(f).

14 (b) AVAILABILITY OF AMOUNTS.—Subject to subsection (c) of this section

15 and section 47117(e) of this title, the fund is available for making grants

16 for any purpose for which amounts are made available under section 48103

17 of this title that the Secretary considers most appropriate to carry out this

18 subchapter. However, 50 percent of amounts not apportioned under section

19 47114 of this title because of section 47114(f) and added to the fund is

20 available for making grants for projects at small hub airports (as defined

21 in section 41731 of this title).

22 (c) MINIMUM PERCENTAGE FOR PRIMARY AND RELIEVER AIRPORTS.—

23 At least 75 percent of the amount in the fund and distributed by the Sec24 retary in a fiscal year shall be used for making grants—

25 (1) to preserve and enhance capacity, safety, and security at primary

26 and reliever airports; and

27 (2) to carry out airport noise compatibility planning and programs

28 at primary and reliever airports.

29 (d) CONSIDERATIONS.—In selecting a project for a grant to preserve and

30 enhance capacity as described in subsection (c)(1) of this section, the Sec31 retary shall consider—

32 (1) the effect the project will have on the overall national air trans33 portation system capacity;

34 (2) the project benefit and cost; and

35 (3) the financial commitment from non-United States Government

36 sources to preserve or enhance airport capacity.

37 (e) WAIVING PERCENTAGE REQUIREMENT.—If the Secretary decides the

38 Secretary cannot comply with the percentage requirement of subsection (c)

39 of this section in a fiscal year because there are insufficient qualified grant

40 applications to meet that percentage, the amount the Secretary determines
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1 will not be distributed as required by subsection (c) is available for obliga2 tion during the fiscal year without regard to the requirement.

3 § 47116. Small airport fund

4 (a) EXISTENCE AND AMOUNTS IN FUND.—The Secretary of Transpor5 tation has a small airport fund. The fund consists of 75 percent of amounts

6 not apportioned under section 47114 of this title because of section

7 47114(f).

8 (b) DISTRIBUTION OF AMOUNTS.—The Secretary may distribute amounts

9 in the fund in each fiscal year for any purpose for which amounts are made

10 available under section 48103 of this title as follows:

11 (1) one-third for grants to sponsors of public-use airports (except

12 commercial service airports).

13 (2) two-thirds for grants to sponsors of each commercial service air14 port that each year has less than .05 percent of the total boardings

15 in the United States in that year.

16 (c) AUTHORITY TO RECEIVE GRANT NOT DEPENDENT ON PARTICIPA17 TION IN BLOCK GRANT PILOT PROGRAM.—An airport in a State participat18 ing in the State block grant pilot program under section 47128 of this title

19 may receive a grant under this section to the same extent the airport may

20 receive a grant if the State were not participating in the program.

21 § 47117. Use of apportioned amounts

22 (a) GRANT PURPOSE.—Except as provided in this section, an amount ap23 portioned under section 47114(c)(1) or (d)(2) of this title is available for

24 making grants for any purpose for which amounts are made available under

25 section 48103 of this title.

26 (b) PERIOD OF AVAILABILITY.—An amount apportioned under section

27 47114 of this title is available to be obligated for grants under the appor28 tionment only during the fiscal year for which the amount was apportioned

29 and the 2 fiscal years immediately after that year. If the amount is not obli30 gated under the apportionment within that time, it shall be added to the

31 discretionary fund.

32 (c) PRIMARY AIRPORTS.—(1) An amount apportioned to a sponsor of a

33 primary airport under section 47114(c)(1) of this title is available for grants

34 for any public-use airport of the sponsor included in the national plan of

35 integrated airport systems.

36 (2) A sponsor of a primary airport may make an agreement with the Sec37 retary of Transportation waiving any part of the amount apportioned for

38 the airport under section 47114(c)(1) of this title if the Secretary makes

39 the waived amount available for a grant for another public-use airport in

40 the same State or geographical area as the primary airport.

41 (d) STATE USE.—An amount apportioned to a State under—
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1 (1) section 47114(d)(2)(A) of this title is available for grants for air2 ports located in the State; and

3 (2) section 47114(d)(2)(B) or (C) of this title is available for grants

4 for airports described in section 47114(d)(2)(B) or (C) and located in

5 the State.

6 (e) SPECIAL APPORTIONMENT CATEGORIES.—(1) The Secretary shall use

7 amounts made available under section 48103 of this title for each fiscal year

8 as follows:

9 (A) at least 10 percent for grants for reliever airports.

10 (B) at least 12.5 percent for grants for airport noise compatibility

11 planning under section 47505(a)(2) of this title and for carrying out

12 noise compatibility programs under section 47504(c)(1) of this title.

13 (C) at least 2.5 percent for grants for—

14 (i) nonprimary commercial service airports; and

15 (ii) public airports (except commercial service airports) that

16 were eligible for United States Government assistance from

17 amounts apportioned under section 15(a)(3) of the Airport and

18 Airway Development Act of 1970, and to which section

19 15(a)(3)(A)(I) or (II) of the Act applied during the fiscal year

20 that ended September 30, 1981.

21 (D) at least .5 percent for integrated airport system planning grants

22 to planning agencies designated by the Secretary and authorized by the

23 laws of a State or political subdivision of a State to do planning for

24 an area of the State or subdivision in which a grant under this chapter

25 is to be used.

26 (E) at least 2.25 percent for the fiscal year ending September 30,

27 1993, and at least 2.5 percent for each of the fiscal years ending Sep28 tember 30, 1994, and 1995, to sponsors of current or former military

29 airports designated by the Secretary under section 47118(a) of this

30 title for grants for developing current and former military airports to

31 improve the capacity of the national air transportation system.

32 (2) A grant from the amount apportioned under section 47114(e) of this

33 title may not be included as part of the 2.5 percent required to be used

34 for grants under paragraph (1)(C) of this subsection.

35 (3) If the Secretary decides that an amount required to be used for

36 grants under paragraph (1) of this subsection cannot be used for a fiscal

37 year because there are insufficient qualified grant applications, the amount

38 the Secretary determines cannot be used is available during the fiscal year

39 for grants for other airports or for other purposes for which amounts are

40 authorized for grants under section 48103 of this title.
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1 (f) LIMITATION FOR COMMERCIAL SERVICE AIRPORT IN ALASKA.—The

2 Secretary may not make a grant for a commercial service airport in Alaska

3 of more than 110 percent of the amount apportioned for the airport for a

4 fiscal year under section 47114(e) of this title.

5 (g) DISCRETIONARY USE OF APPORTIONMENTS.—(1) Subject to para6 graph (2) of this subsection, if the Secretary finds, based on the notices the

7 Secretary receives under section 47105(e) of this title or otherwise, that an

8 amount apportioned under section 47114 of this title will not be used for

9 grants during a fiscal year, the Secretary may use an equal amount for

10 grants during that fiscal year for any of the purposes for which amounts

11 are authorized for grants under section 48103 of this title.

12 (2) The Secretary may make a grant under paragraph (1) of this sub13 section only if the Secretary decides that—

14 (A) the total amount used for grants for the fiscal year under section

15 48103 of this title will not be more than the amount made available

16 under section 48103 for that fiscal year; and

17 (B) the amounts authorized for grants under section 48103 of this

18 title for later fiscal years are sufficient for grants of the apportioned

19 amounts that were not used for grants under the apportionment during

20 the fiscal year and that remain available under subsection (b) of this

21 section.

22 (h) LIMITING AUTHORITY OF SECRETARY.—The authority of the Sec23 retary to make grants during a fiscal year from amounts that were appor24 tioned for a prior fiscal year and remain available for approved airport de25 velopment project grants under subsection (b) of this section may be im26 paired only by a law enacted after September 3, 1982, that expressly limits

27 that authority.

28 § 47118. Designating current and former military airports

29 (a) GENERAL REQUIREMENTS.—The Secretary of Transportation shall

30 designate not more than 12 current or former military airports for which

31 grants may be made under section 47117(e)(1)(E) of this title.

32 (b) SURVEY.—Not later than September 30, 1991, the Secretary shall

33 complete a survey of current and former military airports to identify which

34 airports have the greatest potential to improve the capacity of the national

35 air transportation system. The survey shall identify the capital development

36 needs of those airports to make them part of the system and which of those

37 qualify for grants under section 47104 of this title.

38 (c) CONSIDERATIONS.—In carrying out this section, the Secretary shall

39 consider only current or former military airports that, when at least partly

40 converted to civilian commercial or reliever airports as part of the national

41 air transportation system, will enhance airport and air traffic control system
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1 capacity in major metropolitan areas and reduce current and projected

2 flight delays.

3 (d) GRANTS.—Grants under section 47117(e)(1)(E) of this title may be

4 made for an airport designated under subsection (a) of this section for the

5 5 fiscal years following the designation. If an airport does not have a level

6 of passengers getting on aircraft during that 5-year period that qualifies the

7 airport as a small hub airport (as defined on January 1, 1990) or reliever

8 airport, the Secretary may redesignate the airport for grants for additional

9 fiscal years that the Secretary decides.

10 (e) TERMINAL BUILDING FACILITIES.—Notwithstanding section 47109(c)

11 of this title, not more than $5,000,000 for each airport from amounts the

12 Secretary distributes under section 47115 of this title for a fiscal year is

13 available to the sponsor of a current or former military airport the Sec14 retary designates under this section to construct, improve, or repair a termi15 nal building facility, including terminal gates used for revenue passengers

16 getting on or off aircraft. A gate constructed, improved, or repaired under

17 this subsection—

18 (1) may not be leased for more than 10 years; and

19 (2) is not subject to majority in interest clauses.

20 (f) PARKING LOTS, FUEL FARMS, AND UTILITIES.—Not more than a

21 total of $4,000,000 for each airport from amounts the Secretary distributes

22 under section 47115 of this title for the fiscal years ending September 30,

23 1993–1995, is available to the sponsor of a current or former military air24 port the Secretary designates under this section to construct, improve, or

25 repair airport surface parking lots, fuel farms, and utilities.

26 § 47119. Terminal development costs

27 (a) REPAYING BORROWED MONEY.—An amount apportioned under sec28 tion 47114 of this title and made available to the sponsor of an air carrier

29 airport at which terminal development was carried out after June 30, 1970,

30 and before July 12, 1976, is available to repay immediately money borrowed

31 and used to pay the costs for terminal development at the airport, if those

32 costs would be allowable project costs under section 47110(d) of this title

33 if they had been incurred after September 3, 1982. An amount is available

34 for a grant under this subsection—

35 (1) only if—

36 (A) the sponsor submits the certification required under section

37 47110(d) of this title;

38 (B) the Secretary of Transportation decides that using the

39 amount to repay the borrowed money will not defer an airport de40 velopment project outside the terminal area at that airport; and
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1 (C) amounts available for airport development under this sub2 chapter will not be used for additional terminal development

3 projects at the airport for at least 3 years beginning on the date

4 the grant is used to repay the borrowed money; and

5 (2) subject to the limitations in subsection (b)(1) and (2) of this sec6 tion.

7 (b) AVAILABILITY OF AMOUNTS.—In a fiscal year, the Secretary may

8 make available—

9 (1) to a sponsor of a primary airport, any part of amounts appor10 tioned to the sponsor for the fiscal year under section 47114(c)(1) of

11 this title to pay project costs allowable under section 47110(d) of this

12 title;

13 (2) to a sponsor of a nonprimary commercial service airport, not

14 more than $200,000 of the amount that may be distributed for the fis15 cal year from the discretionary fund to pay project costs allowable

16 under section 47110(d) of this title; or

17 (3) not more than $25,000,000 to pay project costs allowable for the

18 fiscal year under section 47110(d) of this title for projects at commer19 cial service airports that were not eligible for assistance for terminal

20 development during the fiscal year ending September 30, 1980, under

21 section 20(b) of the Airport and Airway Development Act of 1970.

22 § 47120. Grant priority

23 In making a grant under this subchapter, the Secretary of Transportation

24 may give priority to a project that is consistent with an integrated airport

25 system plan.

26 § 47121. Records and audits

27 (a) RECORDS.—A sponsor shall keep the records the Secretary of Trans28 portation requires. The Secretary may require records—

29 (1) that disclose—

30 (A) the amount and disposition by the sponsor of the proceeds

31 of the grant;

32 (B) the total cost of the plan or program for which the grant

33 is given or used; and

34 (C) the amounts and kinds of costs of the plan or program pro35 vided by other sources; and

36 (2) that make it easier to carry out an audit.

37 (b) AUDITS AND EXAMINATIONS.—The Secretary and the Comptroller

38 General may audit and examine records of a sponsor that are related to a

39 grant made under this subchapter.

40 (c) AUTHORITY OF COMPTROLLER GENERAL.—When an independent

41 audit is made of the accounts of a sponsor under this subchapter related
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1 to the disposition of the proceeds of the grant or related to the plan or pro2 gram for which the grant was given or used, the sponsor shall submit a cer3 tified copy of the audit to the Comptroller General not more than 6 months

4 after the end of the fiscal year for which the audit was made. Not later

5 than April 15 of each year, the Comptroller General shall report to Con6 gress describing the results of each audit conducted or reviewed by the

7 Comptroller General under this section during the prior fiscal year. The

8 Comptroller General shall prescribe regulations necessary to carry out this

9 subsection.

10 (d) AUDIT REQUIREMENT.—The Secretary may require a sponsor to con11 duct an appropriate audit as a condition for receiving a grant under this

12 subchapter.

13 (e) ANNUAL REVIEW.—The Secretary shall review annually the record14 keeping and reporting requirements under this subchapter to ensure that

15 they are the minimum necessary to carry out this subchapter.

16 (f) WITHHOLDING INFORMATION FROM CONGRESS.—This section does

17 not authorize the Secretary or the Comptroller General to withhold informa18 tion from a committee of Congress authorized to have the information.

19 § 47122. Administrative

20 (a) GENERAL.—The Secretary of Transportation may take action the

21 Secretary considers necessary to carry out this subchapter, including con22 ducting investigations and public hearings, prescribing regulations and pro23 cedures, and issuing orders.

24 (b) CONDUCTING INVESTIGATIONS AND PUBLIC HEARINGS.—In conduct25 ing an investigation or public hearing under this subchapter, the Secretary

26 has the same authority the Secretary has under section 46104 of this title.

27 An action of the Secretary in exercising that authority is governed by the

28 procedures specified in section 46104 and shall be enforced as provided in

29 section 46104.

30 § 47123. Nondiscrimination

31 The Secretary of Transportation shall take affirmative action to ensure

32 that an individual is not excluded because of race, creed, color, national ori33 gin, or sex from participating in an activity carried out with money received

34 under a grant under this subchapter. The Secretary shall prescribe regula35 tions necessary to carry out this section. The regulations shall be similar

36 to those in effect under title VI of the Civil Rights Act of 1964 (42 U.S.C.

37 2000d et seq.). This section is in addition to title VI of the Act.

38 § 47124. Agreements for State and local operation of airport

39 facilities

40 (a) GOVERNMENT RELIEF FROM LIABILITY.—The Secretary of Trans41 portation shall ensure that an agreement under this subchapter with a State
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1 or a political subdivision of a State to allow the State or subdivision to oper2 ate an airport facility in the State or subdivision relieves the United States

3 Government from any liability arising out of, or related to, acts or omissions

4 of employees of the State or subdivision in operating the airport facility.

5 (b) AIR TRAFFIC CONTROL CONTRACT PROGRAM.—(1) The Secretary

6 shall continue the low activity (Visual Flight Rules) level I air traffic control

7 tower contract program established under subsection (a) of this section for

8 towers existing on December 30, 1987, and extend the program to other

9 towers as practicable.

10 (2) The Secretary may make a contract, on a sole source basis, with a

11 State or a political subdivision of a State to allow the State or subdivision

12 to operate an airport traffic control tower classified as a level I (Visual

13 Flight Rules) tower if the Secretary decides that the State or subdivision

14 has the capability to comply with the requirements of this paragraph. The

15 contract shall require that the State or subdivision comply with applicable

16 safety regulations in operating the facility and with applicable competition

17 requirements in making a subcontract to perform work to carry out the con18 tract.

19 § 47125. Conveyances of United States Government land

20 (a) CONVEYANCES TO PUBLIC AGENCIES.—Except as provided in sub21 section (b) of this section, the Secretary of Transportation shall request the

22 head of the department, agency, or instrumentality of the United States

23 Government owning or controlling land or airspace to convey a property in24 terest in the land or airspace to the public agency sponsoring the project

25 or owning or controlling the airport when necessary to carry out a project

26 under this subchapter at a public airport, to operate a public airport, or

27 for the future development of an airport under the national plan of inte28 grated airport systems. The head of the department, agency, or instrumen29 tality shall decide whether the requested conveyance is consistent with the

30 needs of the department, agency, or instrumentality and shall notify the

31 Secretary of that decision not later than 4 months after receiving the re32 quest. If the head of the department, agency, or instrumentality decides

33 that the requested conveyance is consistent with its needs, the head of the

34 department, agency, or instrumentality, with the approval of the Attorney

35 General and without cost to the Government, shall make the conveyance.

36 A conveyance may be made only on the condition that the property interest

37 conveyed reverts to the Government, at the option of the Secretary, to the

38 extent it is not developed for an airport purpose or used consistently with

39 the conveyance.
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1 (b) NONAPPLICATION.—Except as specifically provided by law, subsection

2 (a) of this section does not apply to land or airspace owned or controlled

3 by the Government within—

4 (1) a national park, national monument, national recreation area, or

5 similar area under the administration of the National Park Service;

6 (2) a unit of the National Wildlife Refuge System or similar area

7 under the jurisdiction of the United States Fish and Wildlife Service;

8 or

9 (3) a national forest or Indian reservation.

10 § 47126. Criminal penalties for false statements

11 A person (including an officer, agent, or employee of the United States

12 Government or a public agency) shall be fined under title 18, imprisoned

13 for not more than 5 years, or both, if the person, with intent to defraud

14 the Government, knowingly makes—

15 (1) a false statement about the kind, quantity, quality, or cost of the

16 material used or to be used, or the quantity, quality, or cost of work

17 performed or to be performed, in connection with the submission of a

18 plan, map, specification, contract, or estimate of project cost for a

19 project included in a grant application submitted to the Secretary of

20 Transportation for approval under this subchapter;

21 (2) a false statement or claim for work or material for a project in22 cluded in a grant application approved by the Secretary under this sub23 chapter; or

24 (3) a false statement in a report or certification required under this

25 subchapter.

26 § 47127. Ground transportation demonstration projects

27 (a) GENERAL AUTHORITY.—To improve the airport and airway system of

28 the United States consistent with regional airport system plans financed

29 under section 13(b) of the Airport and Airway Development Act of 1970,

30 the Secretary of Transportation may carry out ground transportation dem31 onstration projects to improve ground access to air carrier airport terminals.

32 The Secretary may carry out a demonstration project independently or by

33 grant or contract, including an agreement with another department, agency,

34 or instrumentality of the United States Government.

35 (b) PRIORITY.—In carrying out this section, the Secretary shall give pri36 ority to a demonstration project that—

37 (1) affects an airport in an area with an operating regional rapid

38 transit system with existing facilities reasonably near the airport;

39 (2) includes connection of the airport terminal to that system;
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1 (3) is consistent with and supports a regional airport system plan

2 adopted by the planning agency for the region and submitted to the

3 Secretary; and

4 (4) improves access to air transportation for individuals residing or

5 working in the region by encouraging the optimal balance of use of air6 ports in the region.

7 § 47128. State block grant pilot program

8 (a) GENERAL REQUIREMENTS.—The Secretary of Transportation shall

9 prescribe regulations to carry out a State block grant pilot program. The

10 regulations shall provide that the Secretary may designate not more than

11 7 qualified States to assume administrative responsibility for all airport

12 grant amounts available under this subchapter, except for amounts des13 ignated for use at primary airports.

14 (b) APPLICATIONS AND SELECTION.—(1) A State wishing to participate

15 in the program must submit an application to the Secretary. The Secretary

16 shall select a State on the basis of its application only after—

17 (A) deciding the State has an organization capable of effectively ad18 ministering a block grant made under this section;

19 (B) deciding the State uses a satisfactory airport system planning

20 process;

21 (C) deciding the State uses a programming process acceptable to the

22 Secretary;

23 (D) finding that the State has agreed to comply with United States

24 Government standard requirements for administering the block grant;

25 and

26 (E) finding that the State has agreed to provide the Secretary with

27 program information the Secretary requires.

28 (2) For the fiscal years ending September 30, 1993–1996, the States se29 lected shall include Illinois, Missouri, and North Carolina.

30 (c) SAFETY AND SECURITY NEEDS AND NEEDS OF SYSTEM.—Before de31 ciding whether a planning process is satisfactory or a programming process

32 is acceptable under subsection (b)(2) or (3) of this section, the Secretary

33 shall ensure that the process provides for meeting critical safety and secu34 rity needs and that the programming process ensures that the needs of the

35 national airport system will be addressed in deciding which projects will re36 ceive money from the Government.

37 (d) ENDING EFFECTIVE DATE AND REPORT.—This section is effective

38 only through September 30, 1996.
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1 § 47129. Annual report

2 Not later than April 1 of each year, the Secretary of Transportation shall

3 submit to Congress a report on activities carried out under this subchapter

4 during the prior fiscal year. The report shall include—

5 (1) a detailed statement of airport development completed;

6 (2) the status of each project undertaken;

7 (3) the allocation of appropriations; and

8 (4) an itemized statement of expenditures and receipts.

9 SUBCHAPTER II—SURPLUS PROPERTY FOR PUBLIC AIRPORTS

10 § 47151. Authority to transfer an interest in surplus prop11 erty

12 (a) GENERAL AUTHORITY.—Subject to sections 47152 and 47153 of this

13 title, a department, agency, or instrumentality of the executive branch of

14 the United States Government or a wholly owned Government corporation

15 may give a State, political subdivision of a State, or tax-supported organiza16 tion any interest in surplus property—

17 (1) that the Secretary of Transportation decides is—

18 (A) desirable for developing, improving, operating, or maintain19 ing a public airport (as defined in section 47102 of this title);

20 (B) reasonably necessary to fulfill the immediate and foresee21 able future requirements for developing, improving, operating, or

22 maintaining a public airport; or

23 (C) needed for developing sources of revenue from nonaviation

24 businesses at a public airport; and

25 (2) if the Administrator of General Services approves the gift and

26 decides the interest is not best suited for industrial use.

27 (b) ENSURING COMPLIANCE.—Only the Secretary may ensure compliance

28 with an instrument giving an interest in surplus property under this sub29 chapter. The Secretary may amend the instrument to correct the instrument

30 or to make the gift comply with law.

31 (c) DISPOSING OF INTERESTS NOT GIVEN UNDER THIS SUBCHAPTER.—

32 An interest in surplus property that could be used at a public airport but

33 that is not given under this subchapter shall be disposed of under other ap34 plicable law.

35 § 47152. Terms of gifts

36 Except as provided in section 47153 of this title, the following terms

37 apply to a gift of an interest in surplus property under this subchapter:

38 (1) A State, political subdivision of a State, or tax-supported organi39 zation receiving the interest may use, lease, salvage, or dispose of the

40 interest for other than airport purposes only after the Secretary of

41 Transportation gives written consent that the interest can be used,
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1 leased, salvaged, or disposed of without materially and adversely affect2 ing the development, improvement, operation, or maintenance of the

3 airport at which the property is located.

4 (2) The interest shall be used and maintained for public use and

5 benefit without unreasonable discrimination.

6 (3) A right may not be vested in a person, excluding others in the

7 same class from using the airport at which the property is located—

8 (A) to conduct an aeronautical activity requiring the operation

9 of aircraft; or

10 (B) to engage in selling or supplying aircraft, aircraft acces11 sories, equipment, or supplies (except gasoline and oil), or aircraft

12 services necessary to operate aircraft (including maintaining and

13 repairing aircraft, aircraft engines, propellers, and appliances).

14 (4) The State, political subdivision, or tax-supported organization ac15 cepting the interest shall clear and protect the aerial approaches to the

16 airport by mitigating existing, and preventing future, airport hazards.

17 (5) During a national emergency declared by the President or Con18 gress, the United States Government is entitled to use, control, or pos19 sess, without charge, any part of the public airport at which the prop20 erty is located. However, the Government shall—

21 (A) pay the entire cost of maintaining the part of the airport

22 it exclusively uses, controls, or possesses during the emergency;

23 (B) contribute a reasonable share, consistent with the Govern24 ment’s use, of the cost of maintaining the property it uses

25 nonexclusively, or over which the Government has nonexclusive

26 control or possession, during the emergency; and

27 (C) pay a fair rental for use, control, or possession of improve28 ments to the airport made without Government assistance.

29 (6) The Government is entitled to the nonexclusive use, without

30 charge, of the landing area of an airport at which the property is lo31 cated. The Secretary may limit the use of the landing area if necessary

32 to prevent unreasonable interference with use by other authorized air33 craft. However, the Government shall—

34 (A) contribute a reasonable share, consistent with the Govern35 ment’s use, of the cost of maintaining and operating the landing

36 area; and

37 (B) pay for damages caused by its use of the landing area if

38 its use of the landing area is substantial.

39 (7) The State, political subdivision, or tax-supported organization ac40 cepting the interest shall release the Government from all liability for

41 damages arising under an agreement that provides for Government use
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1 of any part of an airport owned, controlled, or operated by the State,

2 political subdivision, or tax-supported organization on which, adjacent

3 to which, or in connection with which, the property is located.

4 (8) When a term under this section is not satisfied, any part of the

5 interest in the property reverts to the Government, at the option of the

6 Government, as the property then exists.

7 § 47153. Waiving and adding terms

8 (a) GENERAL AUTHORITY.—(1) The Secretary of Transportation may

9 waive, without charge, a term of a gift of an interest in property under this

10 subchapter if the Secretary decides that—

11 (A) the property no longer serves the purpose for which it was given;

12 or

13 (B) the waiver will not prevent carrying out the purpose for which

14 the gift was made and is necessary to advance the civil aviation inter15 ests of the United States.

16 (2) The Secretary of Transportation shall waive a term under paragraph

17 (1) of this subsection on terms the Secretary considers necessary to protect

18 or advance the civil aviation interests of the United States.

19 (b) WAIVERS AND INCLUSION OF ADDITIONAL TERMS ON REQUEST.—On

20 request of the Secretary of Transportation or the Secretary of a military

21 department, a department, agency, or instrumentality of the executive

22 branch of the United States Government or a wholly owned Government

23 corporation may waive a term required by section 47152 of this title or add

24 another term if the appropriate Secretary decides it is necessary to protect

25 or advance the interests of the United States in civil aviation or for national

26 defense.

27 CHAPTER 473—INTERNATIONAL AIRPORT FACILITIES

Sec.

47301. Definitions.

47302. Providing airport and airway property in foreign territories.

47303. Training foreign citizens.

47304. Transfer of airport and airway property.

47305. Administrative.

47306. Criminal penalty.

28 § 47301. Definitions

29 In this chapter—

30 (1) ‘‘airport property’’ means an interest in property used or useful

31 in operating and maintaining an airport.

32 (2) ‘‘airway property’’ means an interest in property used or useful

33 in operating and maintaining a ground installation, facility, or equip34 ment desirable for the orderly and safe operation of air traffic, includ35 ing air navigation, air traffic control, airway communication, and mete36 orological facilities.
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1 (3) ‘‘foreign territory’’ means an area—

2 (A) over which no government or a government of a foreign

3 country has sovereignty;

4 (B) temporarily under military occupation by the United States

5 Government; or

6 (C) occupied or administered by the Government or a govern7 ment of a foreign country under an international agreement.

8 (4) ‘‘territory outside the continental United States’’ means territory

9 outside the 48 contiguous States and the District of Columbia.

10 § 47302. Providing airport and airway property in foreign

11 territories

12 (a) GENERAL AUTHORITY.—Subject to the concurrence of the Secretary

13 of State and the consideration of objectives of the International Civil Avia14 tion Organization—

15 (1) the Secretary of Transportation may acquire, establish, and con16 struct airport property and airway property (except meteorological fa17 cilities) in foreign territory; and

18 (2) the Secretary of Commerce may acquire, establish, and construct

19 meteorological facilities in foreign territory.

20 (b) SPECIFIC APPROPRIATIONS REQUIRED.—Except for airport property

21 transferred under section 47304(b) of this title, an airport (as defined in

22 section 40102(a) of this title) may be acquired, established, or constructed

23 under subsection (a) of this section only if amounts have been appropriated

24 specifically for the airport.

25 (c) ACCEPTING FOREIGN PAYMENTS.—The Secretary of Transportation

26 or Commerce, as appropriate, may accept payment from a government of

27 a foreign country or international organization for facilities or services sold

28 or provided the government or organization under this chapter. The amount

29 received may be credited to the appropriation current when the expenditures

30 are or were paid, the appropriation current when the amount is received,

31 or both.

32 § 47303. Training foreign citizens

33 Subject to the concurrence of the Secretary of State, the Secretary of

34 Transportation or Commerce, as appropriate, may train a foreign citizen in

35 a subject related to aeronautics and essential to the orderly and safe oper36 ation of civil aircraft. The training may be provided—

37 (1) directly by the appropriate Secretary or jointly with another de38 partment, agency, or instrumentality of the United States Government;

39 (2) through a public or private agency of the United States (includ40 ing a State or municipal educational institution); or

41 (3) through an international organization.
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1 § 47304. Transfer of airport and airway property

2 (a) GENERAL AUTHORITY.—When requested by the government of a for3 eign country or an international organization, the Secretary of Transpor4 tation or Commerce, as appropriate, may transfer to the government or or5 ganization airport property and airway property operated and maintained

6 under this chapter by the appropriate Secretary in foreign territory. The

7 transfer shall be on terms the appropriate Secretary considers proper, in8 cluding consideration agreed on through negotiations with the government

9 or organization.

10 (b) PROPERTY INSTALLED OR CONTROLLED BY MILITARY.—Subject to

11 terms to which the parties agree, the Secretary of a military department

12 may transfer without charge to the Secretary of Transportation airport

13 property and airway property (except meteorological facilities), and to the

14 Secretary of Commerce meteorological facilities, that the Secretary of the

15 military department installed or controls in territory outside the continental

16 United States. The transfer may be made if consistent with the needs of

17 national defense and—

18 (1) the Secretary of the military department finds that the property

19 or facility is no longer required exclusively for military purposes; and

20 (2) the Secretary of Transportation or Commerce, as appropriate,

21 decides that the transfer is or may be necessary to carry out this chap22 ter.

23 (c) CANAL ZONE AND REPUBLIC OF PANAMA.—(1) The Secretary of

24 Transportation may provide, operate, and maintain facilities and services for

25 air navigation, airway communications, and air traffic control in the Canal

26 Zone and the Republic of Panama subject to—

27 (A) the approval of the Secretary of Defense; and

28 (B) each obligation assumed by the United States Government under

29 an agreement between the Government and the Republic of Panama.

30 (2) The Secretary of a military department may transfer without charge

31 to the Secretary of Transportation property located in the Canal Zone or

32 the Republic of Panama when the Secretary of Transportation decides that

33 the transfer may be useful in carrying out this chapter.

34 (3) Subsection (b) of this section (related to the Secretary of Transpor35 tation) and section 47302 (a) and (b) of this title do not apply in carrying

36 out this subsection.

37 (d) RETAKING PROPERTY FOR MILITARY REQUIREMENT.—(1) When nec38 essary for a military requirement, the Secretary of a military department

39 immediately may retake property (with any improvements to it) transferred

40 by the Secretary under subsection (b) or (c) of this section. The Secretary

41 shall pay reasonable compensation to each person (or its successor in inter-
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1 est) that made an improvement to the property that was not made at the

2 expense of the Government. The Secretary or a delegate of the Secretary

3 shall decide on the amount of compensation.

4 (2) On the recommendation of the Secretary of Transportation or Com5 merce, as appropriate, the Secretary of a military department may decide

6 not to act under paragraph (1) of this subsection.

7 § 47305. Administrative

8 (a) GENERAL AUTHORITY.—The Secretary of Transportation shall con9 solidate, operate, protect, maintain, and improve airport property and air10 way property (except meteorological facilities), and the Secretary of Com11 merce may consolidate, operate, protect, maintain, and improve meteorologi12 cal facilities, that the appropriate Secretary has acquired and that are lo13 cated in territory outside the continental United States. In carrying out this

14 section, the appropriate Secretary may—

15 (1) adapt the property or facility to the needs of civil aeronautics;

16 (2) lease the property or facility for not more than 20 years;

17 (3) make a contract, or provide directly, for facilities and services;

18 (4) make reasonable charges for aeronautical services; and

19 (5) acquire an interest in property.

20 (b) CREDITING APPROPRIATIONS.—Money received from the direct sale

21 or charge that the Secretary of Transportation or Commerce, as appro22 priate, decides is equivalent to the cost of facilities and services sold or pro23 vided under subsection (a)(3) and (4) of this section is credited to the ap24 propriation from which the cost was paid. The balance shall be deposited

25 in the Treasury as miscellaneous receipts.

26 (c) USING OTHER GOVERNMENT FACILITIES AND SERVICES.—To carry

27 out this chapter and to use personnel and facilities of the United States

28 Government most advantageously and without unnecessary duplication, the

29 Secretary of Transportation or Commerce, as appropriate, shall request,

30 when practicable, to use a facility or service of an appropriate department,

31 agency, or instrumentality of the Government on a reimbursable basis. A

32 department, agency, or instrumentality receiving a request under this sec33 tion may provide the facility or service.

34 (d) ADVERTISING NOT REQUIRED.—Section 3709 of the Revised Statutes

35 (41 U.S.C. 5) does not apply to a lease or contract made by the Secretary

36 of Transportation or Commerce under this chapter.

37 § 47306. Criminal penalty

38 A person that knowingly and willfully violates a regulation prescribed by

39 the Secretary of Transportation to carry out this chapter shall be fined

40 under title 18, imprisoned for not more than 6 months, or both.
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1 CHAPTER 475—NOISE

SUBCHAPTER I—NOISE ABATEMENT

Sec.

47501. Definitions.

47502. Noise measurement and exposure systems and identifying land use compatible with

noise exposure.

47503. Noise exposure maps.

47504. Noise compatibility programs.

47505. Airport noise compatibility planning grants.

47506. Limitations on recovering damages for noise.

47507. Nonadmissibility of noise exposure map and related information as evidence.

47508. Noise standards for air carriers and foreign air carriers providing foreign air transportation.

SUBCHAPTER II—NATIONAL AVIATION NOISE POLICY

47521. Findings.

47522. Definitions.

47523. National aviation noise policy.

47524. Airport noise and access restriction review program.

47525. Decision about airport noise and access restrictions on certain stage 2 aircraft.

47526. Limitations for noncomplying airport noise and access restrictions.

47527. Liability of the United States Government for noise damages.

47528. Prohibition on operating certain aircraft not complying with stage 3 noise levels.

47529. Nonaddition rule.

47530. Nonapplication of sections 47528(a)–(d) and 47529 to aircraft outside the 48 contiguous States.

47531. Penalties for violating sections 47528–47530.

47532. Judicial review.

47533. Relationship to other laws.

2 SUBCHAPTER I—NOISE ABATEMENT

3 § 47501. Definitions

4 In this subchapter—

5 (1) ‘‘airport’’ means a public-use airport as defined in section 47102

6 of this title.

7 (2) ‘‘airport operator’’ means—

8 (A) for an airport serving air carriers that have certificates

9 from the Secretary of Transportation, any person holding an air10 port operating certificate issued under section 44706 of this title;

11 and

12 (B) for any other airport, the person operating the airport.

13 § 47502. Noise measurement and exposure systems and iden14 tifying land use compatible with noise exposure

15 After consultation with the Administrator of the Environmental Protec16 tion Agency and United States Government, State, and interstate agencies

17 that the Secretary of Transportation considers appropriate, the Secretary

18 shall by regulation—

19 (1) establish a single system of measuring noise that—

20 (A) has a highly reliable relationship between projected noise ex21 posure and surveyed reactions of individuals to noise; and

22 (B) is applied uniformly in measuring noise at airports and the

23 surrounding area;
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1 (2) establish a single system for determining the exposure of individ2 uals to noise resulting from airport operations, including noise inten3 sity, duration, frequency, and time of occurrence; and

4 (3) identify land uses normally compatible with various exposures of

5 individuals to noise.

6 § 47503. Noise exposure maps

7 (a) SUBMISSION AND PREPARATION.—An airport operator may submit to

8 the Secretary of Transportation a noise exposure map showing the

9 noncompatible uses in each area of the map on the date the map is submit10 ted, a description of estimated aircraft operations during 1985, and how

11 those operations will affect the map. The map shall—

12 (1) be prepared in consultation with public agencies and planning

13 authorities in the area surrounding the airport; and

14 (2) comply with regulations prescribed under section 47502 of this

15 title.

16 (b) REVISED MAPS.—If a change in the operation of an airport will es17 tablish a substantial new noncompatible use in an area surrounding the air18 port, the airport operator shall submit a revised noise exposure map to the

19 Secretary showing the new noncompatible use.

20 § 47504. Noise compatibility programs

21 (a) SUBMISSIONS.—(1) An airport operator that submitted a noise expo22 sure map and related information under section 47503(a) of this title may

23 submit a noise compatibility program to the Secretary of Transportation

24 after—

25 (A) consulting with public agencies and planning authorities in the

26 area surrounding the airport, United States Government officials hav27 ing local responsibility for the airport, and air carriers using the air28 port; and

29 (B) notice and an opportunity for a public hearing.

30 (2) A program submitted under paragraph (1) of this subsection shall

31 state the measures the operator has taken or proposes to take to reduce ex32 isting noncompatible uses and prevent introducing additional noncompatible

33 uses in the area covered by the map. The measures may include—

34 (A) establishing a preferential runway system;

35 (B) restricting the use of the airport by a type or class of aircraft

36 because of the noise characteristics of the aircraft;

37 (C) constructing barriers and acoustical shielding and soundproofing

38 public buildings;

39 (D) using flight procedures to control the operation of aircraft to re40 duce exposure of individuals to noise in the area surrounding the air41 port; and
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1 (E) acquiring land, air rights, easements, development rights, and

2 other interests to ensure that the property will be used in ways compat3 ible with airport operations.

4 (b) APPROVALS.—(1) The Secretary shall approve or disapprove a pro5 gram submitted under subsection (a) of this section (except as the program

6 is related to flight procedures referred to in subsection (a)(2)(D) of this sec7 tion) not later than 180 days after receiving it. The Secretary shall approve

8 the program (except as the program is related to flight procedures referred

9 to in subsection (a)(2)(D)) if the program—

10 (A) does not place an unreasonable burden on interstate or foreign

11 commerce;

12 (B) is reasonably consistent with achieving the goal of reducing

13 noncompatible uses and preventing the introduction of additional

14 noncompatible uses; and

15 (C) provides for necessary revisions because of a revised map submit16 ted under section 47503(b) of this title.

17 (2) A program (except as the program is related to flight procedures re18 ferred to in subsection (a)(2)(D) of this section) is deemed to be approved

19 if the Secretary does not act within the 180-day period.

20 (3) The Secretary shall submit any part of a program related to flight

21 procedures referred to in subsection (a)(2)(D) of this section to the Admin22 istrator of the Federal Aviation Administration. The Administrator shall ap23 prove or disapprove that part of the program.

24 (c) GRANTS.—(1) The Secretary may incur obligations to make grants

25 from amounts available under section 48103 of this title to carry out a

26 project under a part of a noise compatibility program approved under sub27 section (b) of this section. A grant may be made to—

28 (A) an airport operator submitting the program;

29 (B) a unit of local government in the area surrounding the airport,

30 if the Secretary decides the unit is able to carry out the project;

31 (C) an airport operator or unit of local government referred to in

32 clause (A) or (B) of this paragraph to carry out any part of a program

33 developed before February 18, 1980, or before implementing regula34 tions were prescribed, if the Secretary decides the program is substan35 tially consistent with reducing existing noncompatible uses and prevent36 ing the introduction of additional noncompatible uses and the purposes

37 of this chapter will be furthered by promptly carrying out the program;

38 and

39 (D) an airport operator or unit of local government referred to in

40 clause (A) or (B) of this paragraph to soundproof a building in the

41 noise impact area surrounding the airport that is used primarily for
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1 educational or medical purposes and that the Secretary decides is ad2 versely affected by airport noise.

3 (2) An airport operator may agree to make a grant made under para4 graph (1)(A) of this subsection available to a public agency in the area sur5 rounding the airport if the Secretary decides the agency is able to carry out

6 the project.

7 (3) The Government’s share of a project for which a grant is made under

8 paragraph (1) of this subsection is the greater of—

9 (A) 80 percent of the cost of the project; or

10 (B) the Government’s share that would apply if the amounts avail11 able for the project were made available under subchapter I of chapter

12 471 of this title for a project at the airport.

13 (4) The provisions of subchapter I of chapter 471 of this title related to

14 grants apply to a grant made under this chapter, except—

15 (A) section 47109 (a) and (b) of this title; and

16 (B) any provision that the Secretary decides is inconsistent with, or

17 unnecessary to carry out, this chapter.

18 (d) GOVERNMENT RELIEF FROM LIABILITY.—The Government is not lia19 ble for damages from aviation noise because of action taken under this sec20 tion.

21 § 47505. Airport noise compatibility planning grants

22 (a) GENERAL AUTHORITY.—The Secretary of Transportation may make

23 a grant to a sponsor of an airport to develop, for planning purposes, infor24 mation necessary to prepare and submit—

25 (1) a noise exposure map and related information under section

26 47503 of this title, including the cost of obtaining the information; or

27 (2) a noise compatibility program under section 47504 of this title.

28 (b) AVAILABILITY OF AMOUNTS AND GOVERNMENT’S SHARE OF

29 COSTS.—A grant under subsection (a) of this section may be made from

30 amounts available under section 48103 of this title. The United States Gov31 ernment’s share of the grant is the percent for which a project for airport

32 development at an airport would be eligible under section 47109 (a) and (b)

33 of this title.

34 § 47506. Limitations on recovering damages for noise

35 (a) GENERAL LIMITATIONS.—A person acquiring an interest in property

36 after February 18, 1980, in an area surrounding an airport for which a

37 noise exposure map has been submitted under section 47503 of this title

38 and having actual or constructive knowledge of the existence of the map

39 may recover damages for noise attributable to the airport only if, in addition

40 to any other elements for recovery of damages, the person shows that—

41 (1) after acquiring the interest, there was a significant—
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1 (A) change in the type or frequency of aircraft operations at the

2 airport;

3 (B) change in the airport layout;

4 (C) change in flight patterns; or

5 (D) increase in nighttime operations; and

6 (2) the damages resulted from the change or increase.

7 (b) CONSTRUCTIVE KNOWLEDGE.—Constructive knowledge of the exist8 ence of a map under subsection (a) of this section shall be imputed, at a

9 minimum, to a person if—

10 (1) before the person acquired the interest, notice of the existence

11 of the map was published at least 3 times in a newspaper of general

12 circulation in the county in which the property is located; or

13 (2) the person is given a copy of the map when acquiring the inter14 est.

15 § 47507. Nonadmissibility of noise exposure map and related

16 information as evidence

17 No part of a noise exposure map or related information described in sec18 tion 47503 of this title that is submitted to, or prepared by, the Secretary

19 of Transportation and no part of a list of land uses the Secretary identifies

20 as normally compatible with various exposures of individuals to noise may

21 be admitted into evidence or used for any other purpose in a civil action

22 asking for relief for noise resulting from the operation of an airport.

23 § 47508. Noise standards for air carriers and foreign air car24 riers providing foreign air transportation

25 (a) GENERAL REQUIREMENTS.—The Secretary of Transportation shall

26 require each air carrier and foreign air carrier providing foreign air trans27 portation to comply with noise standards—

28 (1) the Secretary prescribed for new subsonic aircraft in regulations

29 of the Secretary in effect on January 1, 1977; or

30 (2) of the International Civil Aviation Organization that are substan31 tially compatible with standards of the Secretary for new subsonic air32 craft in regulations of the Secretary at parts 36 and 91 of title 14,

33 Code of Federal Regulations, prescribed between January 2, 1977, and

34 January 1, 1982.

35 (b) COMPLIANCE AT PHASED RATE.—The Secretary shall require each

36 air carrier and foreign air carrier providing foreign air transportation to

37 comply with the noise standards at a phased rate similar to the rate for

38 aircraft registered in the United States.

39 (c) NONDISCRIMINATION.—The requirement for air carriers providing for40 eign air transportation may not be more stringent than the requirement for

41 foreign air carriers.
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1 SUBCHAPTER II—NATIONAL AVIATION NOISE POLICY

2 § 47521. Findings

3 Congress finds that—

4 (1) aviation noise management is crucial to the continued increase

5 in airport capacity;

6 (2) community noise concerns have led to uncoordinated and incon7 sistent restrictions on aviation that could impede the national air trans8 portation system;

9 (3) a noise policy must be carried out at the national level;

10 (4) local interest in aviation noise management shall be considered

11 in determining the national interest;

12 (5) community concerns can be alleviated through the use of new

13 technology aircraft and the use of revenues, including those available

14 from passenger facility fees, for noise management;

15 (6) revenues controlled by the United States Government can help

16 resolve noise problems and carry with them a responsibility to the na17 tional airport system;

18 (7) revenues derived from a passenger facility fee may be applied to

19 noise management and increased airport capacity; and

20 (8) a precondition to the establishment and collection of a passenger

21 facility fee is the prescribing by the Secretary of Transportation of a

22 regulation establishing procedures for reviewing airport noise and ac23 cess restrictions on operations of stage 2 and stage 3 aircraft.

24 § 47522. Definitions

25 In this subchapter—

26 (1) ‘‘air carrier’’, ‘‘air transportation’’, and ‘‘United States’’ have the

27 same meanings given those terms in section 40102(a) of this title.

28 (2) ‘‘stage 3 noise levels’’ means the stage 3 noise levels in part 36

29 of title 14, Code of Federal Regulations, in effect on November 5,

30 1990.

31 § 47523. National aviation noise policy

32 (a) GENERAL REQUIREMENTS.—Not later than July 1, 1991, the Sec33 retary of Transportation shall establish by regulation a national aviation

34 noise policy that considers this subchapter, including the phaseout and

35 nonaddition of stage 2 aircraft as provided in this subchapter and dates for

36 carrying out that policy and reporting requirements consistent with this

37 subchapter and law existing as of November 5, 1990.

38 (b) DETAILED ECONOMIC ANALYSIS.—The policy shall be based on a de39 tailed economic analysis of the impact of the phaseout date for stage 2 air40 craft on competition in the airline industry, including—
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1 (1) the ability of air carriers to achieve capacity growth consistent

2 with the projected rate of growth for the airline industry;

3 (2) the impact of competition in the airline and air cargo industries;

4 (3) the impact on nonhub and small community air service; and

5 (4) the impact on new entry into the airline industry.

6 § 47524. Airport noise and access restriction review pro7 gram

8 (a) GENERAL REQUIREMENTS.—The national aviation noise policy estab9 lished under section 47523 of this title shall provide for establishing by reg10 ulation a national program for reviewing airport noise and access restric11 tions on the operation of stage 2 and stage 3 aircraft. The program shall

12 provide for adequate public notice and opportunity for comment on the re13 strictions.

14 (b) STAGE 2 AIRCRAFT.—Except as provided in subsection (d) of this

15 section, an airport noise or access restriction may include a restriction on

16 the operation of stage 2 aircraft proposed after October 1, 1990, only if the

17 airport operator publishes the proposed restriction and prepares and makes

18 available for public comment at least 180 days before the effective date of

19 the proposed restriction—

20 (1) an analysis of the anticipated or actual costs and benefits of the

21 existing or proposed restriction;

22 (2) a description of alternative restrictions;

23 (3) a description of the alternative measures considered that do not

24 involve aircraft restrictions; and

25 (4) a comparison of the costs and benefits of the alternative meas26 ures to the costs and benefits of the proposed restriction.

27 (c) STAGE 3 AIRCRAFT.—(1) Except as provided in subsection (d) of this

28 section, an airport noise or access restriction on the operation of stage 3

29 aircraft not in effect on October 1, 1990, may become effective only if the

30 restriction has been agreed to by the airport proprietor and all aircraft oper31 ators or has been submitted to and approved by the Secretary of Transpor32 tation after an airport or aircraft operator’s request for approval as pro33 vided by the program established under this section. Restrictions to which

34 this paragraph applies include—

35 (A) a restriction on noise levels generated on either a single event

36 or cumulative basis;

37 (B) a restriction on the total number of stage 3 aircraft operations;

38 (C) a noise budget or noise allocation program that would include

39 stage 3 aircraft;

40 (D) a restriction on hours of operations; and

41 (E) any other restriction on stage 3 aircraft.
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1 (2) Not later than 180 days after the Secretary receives an airport or

2 aircraft operator’s request for approval of an airport noise or access restric3 tion on the operation of a stage 3 aircraft, the Secretary shall approve or

4 disapprove the restriction. The Secretary may approve the restriction only

5 if the Secretary finds on the basis of substantial evidence that—

6 (A) the restriction is reasonable, nonarbitrary, and nondiscrim7 inatory;

8 (B) the restriction does not create an unreasonable burden on inter9 state or foreign commerce;

10 (C) the restriction is not inconsistent with maintaining the safe and

11 efficient use of the navigable airspace;

12 (D) the restriction does not conflict with a law or regulation of the

13 United States;

14 (E) an adequate opportunity has been provided for public comment

15 on the restriction; and

16 (F) the restriction does not create an unreasonable burden on the

17 national aviation system.

18 (3) Paragraphs (1) and (2) of this subsection do not apply if the Admin19 istrator of the Federal Aviation Administration, before November 5, 1990,

20 has formed a working group (outside the process established by part 150

21 of title 14, Code of Federal Regulations) with a local airport operator to

22 examine the noise impact of air traffic control procedure changes at the air23 port. However, if an agreement on noise reductions at that airport is made

24 between the airport proprietor and one or more air carriers or foreign air

25 carriers that constitute a majority of the carrier use of the airport, this

26 paragraph applies only to a local action to enforce the agreement.

27 (4) The Secretary may reevaluate an airport noise or access restriction

28 previously agreed to or approved under this subsection on request of an air29 craft operator able to demonstrate to the satisfaction of the Secretary that

30 there has been a change in the noise environment of the affected airport

31 that justifies a reevaluation. The Secretary shall establish by regulation pro32 cedures for conducting a reevaluation. A reevaluation—

33 (A) shall be based on the criteria in paragraph (2) of this subsection;

34 and

35 (B) may be conducted only after 2 years after a decision under para36 graph (2) of this subsection has been made.

37 (d) NONAPPLICATION.—Subsections (b) and (c) of this section do not

38 apply to—

39 (1) a local action to enforce a negotiated or executed airport noise

40 or access agreement between the airport operator and the aircraft oper41 ators in effect on November 5, 1990;
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1 (2) a local action to enforce a negotiated or executed airport noise

2 or access restriction agreed to by the airport operator and the aircraft

3 operators before November 5, 1990;

4 (3) an intergovernmental agreement including an airport noise or ac5 cess restriction in effect on November 5, 1990;

6 (4) a subsequent amendment to an airport noise or access agreement

7 or restriction in effect on November 5, 1990, that does not reduce or

8 limit aircraft operations or affect aircraft safety;

9 (5)(A) an airport noise or access restriction adopted by an airport

10 operator not later than October 1, 1990, and stayed as of October 1,

11 1990, by a court order or as a result of litigation, if any part of the

12 restriction is subsequently allowed by a court to take effect; or

13 (B) a new restriction imposed by an airport operator to replace any

14 part of a restriction described in subclause (A) of this clause that is

15 disallowed by a court, if the new restriction would not prohibit aircraft

16 operations in effect on November 5, 1990; or

17 (6) a local action that represents the adoption of the final part of

18 a program of a staged airport noise or access restriction if the initial

19 part of the program was adopted during 1988 and was in effect on No20 vember 5, 1990.

21 (e) GRANT LIMITATIONS.—Beginning on the 91st day after the Secretary

22 prescribes a regulation under subsection (a) of this section, a sponsor of a

23 facility operating under an airport noise or access restriction on the oper24 ation of stage 3 aircraft that first became effective after October 1, 1990,

25 is eligible for a grant under section 47104 of this title and is eligible to

26 impose a passenger facility fee under section 40117 of this title only if the

27 restriction has been—

28 (1) agreed to by the airport proprietor and aircraft operators;

29 (2) approved by the Secretary as required by subsection (c)(1) of

30 this section; or

31 (3) rescinded.

32 § 47525. Decision about airport noise and access restrictions

33 on certain stage 2 aircraft

34 The Secretary of Transportation shall conduct a study and decide on the

35 application of section 47524(a)–(d) of this title to airport noise and access

36 restrictions on the operation of stage 2 aircraft with a maximum weight of

37 not more than 75,000 pounds. In making the decision, the Secretary shall

38 consider—

39 (1) noise levels produced by those aircraft relative to other aircraft;

40 (2) the benefits to general aviation and the need for efficiency in the

41 national air transportation system;
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1 (3) the differences in the nature of operations at airports and the

2 areas immediately surrounding the airports;

3 (4) international standards and agreements on aircraft noise; and

4 (5) other factors the Secretary considers necessary.

5 § 47526. Limitations for noncomplying airport noise and ac6 cess restrictions

7 Unless the Secretary of Transportation is satisfied that an airport is not

8 imposing an airport noise or access restriction not in compliance with this

9 subchapter, the airport may not—

10 (1) receive money under subchapter I of chapter 471 of this title;

11 or

12 (2) impose a passenger facility fee under section 40117 of this title.

13 § 47527. Liability of the United States Government for noise

14 damages

15 When a proposed airport noise or access restriction is disapproved under

16 this subchapter, the United States Government shall assume liability for

17 noise damages only to the extent that a taking has occurred as a direct re18 sult of the disapproval. The United States Court of Federal Claims has ex19 clusive jurisdiction of a civil action under this section.

20 § 47528. Prohibition on operating certain aircraft not com21 plying with stage 3 noise levels

22 (a) PROHIBITION.—Except as provided in subsection (b) of this section

23 and section 47530 of this title, a person may operate after December 31,

24 1999, a civil subsonic turbojet with a maximum weight of more than 75,000

25 pounds to or from an airport in the United States only if the Secretary of

26 Transportation finds that the aircraft complies with the stage 3 noise levels.

27 (b) WAIVERS.—(1) If, not later than July 1, 1999, at least 85 percent

28 of the aircraft used by an air carrier to provide air transportation comply

29 with the stage 3 noise levels, the carrier may apply for a waiver of sub30 section (a) of this section for the remaining aircraft used by the carrier to

31 provide air transportation. The application must be filed with the Secretary

32 not later than January 1, 1999, and must include a plan with firm orders

33 for making all aircraft used by the carrier to provide air transportation

34 comply with the noise levels not later than December 31, 2003.

35 (2) The Secretary may grant a waiver under this subsection if the Sec36 retary finds it would be in the public interest. In making the finding, the

37 Secretary shall consider the effect of granting the waiver on competition in

38 the air carrier industry and on small community air service.

39 (3) A waiver granted under this subsection may not permit the operation

40 of stage 2 aircraft in the United States after December 31, 2003.
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1 (c) SCHEDULE FOR PHASED-IN COMPLIANCE.—The Secretary shall es2 tablish by regulation a schedule for phased-in compliance with subsection

3 (a) of this section. The phase-in period shall begin on November 5, 1990,

4 and end before December 31, 1999. The regulations shall establish interim

5 compliance dates. The schedule for phased-in compliance shall be based

6 on—

7 (1) a detailed economic analysis of the impact of the phaseout date

8 for stage 2 aircraft on competition in the airline industry, including—

9 (A) the ability of air carriers to achieve capacity growth consist10 ent with the projected rate of growth for the airline industry;

11 (B) the impact of competition in the airline and air cargo indus12 tries;

13 (C) the impact on nonhub and small community air service; and

14 (D) the impact on new entry into the airline industry; and

15 (2) an analysis of the impact of aircraft noise on individuals residing

16 near airports.

17 (d) ANNUAL REPORT.—Beginning with calendar year 1992—

18 (1) each air carrier shall submit to the Secretary an annual report

19 on the progress the carrier is making toward complying with the re20 quirements of this section and regulations prescribed under this sec21 tion; and

22 (2) the Secretary shall submit to Congress an annual report on the

23 progress being made toward that compliance.

24 (e) HAWAIIAN OPERATIONS.—(1) In this subsection, ‘‘turnaround serv25 ice’’ means a flight between places only in Hawaii.

26 (2)(A) An air carrier or foreign air carrier may not operate in Hawaii,

27 or between a place in Hawaii and a place outside the 48 contiguous States,

28 a greater number of stage 2 aircraft with a maximum weight of more than

29 75,000 pounds than it operated in Hawaii, or between a place in Hawaii

30 and a place outside the 48 contiguous States, on November 5, 1990.

31 (B) An air carrier that provided turnaround service in Hawaii on Novem32 ber 5, 1990, using stage 2 aircraft with a maximum weight of more than

33 75,000 pounds may include in the number of aircraft authorized under sub34 paragraph (A) of this paragraph all stage 2 aircraft with a maximum weight

35 of more than 75,000 pounds that were owned or leased by that carrier on

36 that date, whether or not the aircraft were operated by the carrier on that

37 date.

38 (3) An air carrier may provide turnaround service in Hawaii using stage

39 2 aircraft with a maximum weight of more than 75,000 pounds only if the

40 carrier provided the service on November 5, 1990.
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1 § 47529. Nonaddition rule

2 (a) GENERAL LIMITATIONS.—Except as provided in subsection (b) of this

3 section and section 47530 of this title, a person may operate a civil subsonic

4 turbojet aircraft with a maximum weight of more than 75,000 pounds that

5 is imported into the United States after November 4, 1990, only if the air6 craft—

7 (1) complies with the stage 3 noise levels; or

8 (2) was purchased by the person importing the aircraft into the

9 United States under a legally binding contract made before November

10 5, 1990.

11 (b) EXEMPTIONS.—The Secretary of Transportation may provide an ex12 emption from subsection (a) of this section to permit a person to obtain

13 modifications to an aircraft to meet the stage 3 noise levels.

14 (c) AIRCRAFT DEEMED NOT IMPORTED.—In this section, an aircraft is

15 deemed not to have been imported into the United States if the aircraft—

16 (1) was owned on November 5, 1990, by—

17 (A) a corporation, trust, or partnership organized under the

18 laws of the United States or a State (including the District of Co19 lumbia);

20 (B) an individual who is a citizen of the United States; or

21 (C) an entity that is owned or controlled by a corporation, trust,

22 partnership, or individual described in subclause (A) or (B) of this

23 clause; and

24 (2) enters the United States not later than 6 months after the expi25 ration of a lease agreement (including any extension) between an owner

26 described in clause (1) of this subsection and a foreign carrier.

27 § 47530. Nonapplication of sections 47528(a)–(d) and 47529 to

28 aircraft outside the 48 contiguous States

29 Sections 47528(a)–(d) and 47529 of this title do not apply to aircraft

30 used only to provide air transportation outside the 48 contiguous States. A

31 civil subsonic turbojet aircraft with a maximum weight of more than 75,000

32 pounds that is imported into a noncontiguous State or a territory or posses33 sion of the United States after November 4, 1990, may be used to provide

34 air transportation in the 48 contiguous States only if the aircraft complies

35 with the stage 3 noise levels.

36 § 47531. Penalties for violating sections 47528–47530

37 A person violating sections 47528, 47529, or 47530 of this title or a reg38 ulation prescribed under those sections is subject to the same civil penalties

39 and procedures under chapter 463 of this title as a person violating section

40 44701(a) or (b) or 44702–44716 of this title.
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1 § 47532. Judicial review

2 An action taken by the Secretary of Transportation under section 47528–

3 47531 of this title is subject to judicial review as provided under section

4 46110 of this title.

5 § 47533. Relationship to other laws

6 Except as provided by section 47524 of this title, this subchapter does

7 not affect—

8 (1) law in effect on November 5, 1990, on airport noise or access

9 restrictions by local authorities;

10 (2) any proposed airport noise or access restriction at a general avia11 tion airport if the airport proprietor has formally initiated a regulatory

12 or legislative process before October 2, 1990; or

13 (3) the authority of the Secretary of Transportation to seek and ob14 tain legal remedies the Secretary considers appropriate, including in15 junctive relief.

16 PART C—FINANCING

17 CHAPTER 481—AIRPORT AND AIRWAY TRUST FUND

18 AUTHORIZATIONS

Sec.

48101. Air navigation facilities.

48102. Research and development.

48103. Airport planning and development and noise compatibility planning and programs.

48104. Certain direct costs and joint air navigation services.

48105. Weather reporting services.

48106. Airway science curriculum grants.

48107. Civil aviation security research and development.

48108. Availability and uses of amounts.

48109. Submission of budget information and legislative recommendations and comments.

48110. Facilities for advanced training of maintenance technicians for air carrier aircraft.

19 § 48101. Air navigation facilities

20 (a) GENERAL AUTHORIZATION OF APPROPRIATIONS.—Not more than a

21 total of the following amounts may be appropriated to the Secretary of

22 Transportation out of the Airport and Airway Trust Fund established under

23 section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to

24 acquire, establish, and improve air navigation facilities under section

25 44502(a)(1)(A) of this title:

26 (1) for the fiscal years ending September 30, 1991–1993,

27 $8,200,000,000.

28 (2) for the fiscal years ending September 30, 1991–1994,

29 $11,100,000,000.

30 (3) for the fiscal years ending September 30, 1991–1995,

31 $14,000,000,000.

32 (b) MAJOR AIRWAY CAPITAL INVESTMENT PLAN CHANGES.—If the Sec33 retary decides that it is necessary to augment or substantially modify ele-
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1 ments of the Airway Capital Investment Plan referred to in section

2 44501(b) of this title (including a decision that it is necessary to establish

3 more than 23 area control facilities), not more than $100,000,000 may be

4 appropriated to the Secretary out of the Fund for the fiscal year ending

5 September 30, 1994, to carry out the augmentation or modification.

6 (c) AVAILABILITY OF AMOUNTS.—Amounts appropriated under this sec7 tion remain available until expended.

8 § 48102. Research and development

9 (a) AUTHORIZATION OF APPROPRIATIONS.—Not more than the following

10 amounts may be appropriated to the Secretary of Transportation out of the

11 Airport and Airway Trust Fund established under section 9502 of the Inter12 nal Revenue Code of 1986 (26 U.S.C. 9502) to carry out sections 44504,

13 44505, 44507, 44509, and 44511–44513 of this title:

14 (1) for the fiscal year ending September 30, 1993—

15 (A) $14,700,000 only for management and analysis projects and

16 activities.

17 (B) $87,000,000 only for capacity and air traffic management

18 technology projects and activities.

19 (C) $28,000,000 only for communications, navigation, and sur20 veillance projects and activities.

21 (D) $7,700,000 only for weather projects and activities.

22 (E) $6,800,000 only for airport technology projects and activi23 ties.

24 (F) $44,000,000 only for aircraft safety technology projects and

25 activities.

26 (G) $41,100,000 only for system security technology projects

27 and activities.

28 (H) $31,000,000 only for human factors and aviation medicine

29 projects and activities.

30 (I) $4,500,000 for environment and energy projects and activi31 ties.

32 (J) $5,200,000 for innovative and cooperative research projects

33 and activities.

34 (2) for the fiscal year ending September 30, 1994, $297,000,000.

35 (b) AVAILABILITY FOR RESEARCH.—(1) At least 15 percent of the

36 amount appropriated under subsection (a) of this section shall be for long37 term research projects.

38 (2) At least 3 percent of the amount appropriated under subsection (a)

39 of this section shall be available to the Administrator of the Federal Avia40 tion Administration to make grants under section 44511 of this title.
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1 (c) TRANSFERS BETWEEN CATEGORIES.—(1) Not more than 10 percent

2 of the net amount authorized for a category of projects and activities in a

3 fiscal year under subsection (a) of this section may be transferred to or

4 from that category in that fiscal year.

5 (2) The Secretary may transfer more than 10 percent of an authorized

6 amount to or from a category only after—

7 (A) submitting a written explanation of the proposed transfer to the

8 Committees on Science, Space, and Technology and Appropriations of

9 the House of Representatives and the Committees on Commerce,

10 Science, and Transportation and Appropriations of the Senate; and

11 (B) 30 days have passed after the explanation is submitted or each

12 Committee notifies the Secretary in writing that it does not object to

13 the proposed transfer.

14 (d) AIRPORT CAPACITY RESEARCH AND DEVELOPMENT.—(1) Of the

15 amounts made available under subsection (a) of this section, at least

16 $25,000,000 may be appropriated each fiscal year for research and develop17 ment under section 44505(a) and (c) of this title on preserving and enhanc18 ing airport capacity, including research and development on improvements

19 to airport design standards, maintenance, safety, operations, and environ20 mental concerns.

21 (2) The Administrator shall submit to the Committees on Science, Space,

22 and Technology and Public Works and Transportation of the House of Rep23 resentatives and the Committee on Commerce, Science, and Transportation

24 of the Senate a report on expenditures made under paragraph (1) of this

25 subsection for each fiscal year. The report shall be submitted not later than

26 60 days after the end of the fiscal year.

27 (e) AIR TRAFFIC CONTROLLER PERFORMANCE RESEARCH.—Necessary

28 amounts may be appropriated to the Secretary out of amounts in the Fund

29 available for research and development to conduct research under section

30 44506(a) and (b) of this title.

31 (f) AVAILABILITY OF AMOUNTS.—Amounts appropriated under subsection

32 (a) of this section remain available until expended.

33 § 48103. Airport planning and development and noise com34 patibility planning and programs

35 Not more than a total of $15,966,700,000 is available to the Secretary

36 of Transportation for the fiscal years ending September 30, 1982–1993, out

37 of the Airport and Airway Trust Fund established under section 9502 of

38 the Internal Revenue Code of 1986 (26 U.S.C. 9502) to make grants for

39 airport planning and airport development under section 47104 of this title,

40 airport noise compatibility planning under section 47505(a)(2) of this title,
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1 and carrying out noise compatibility programs under section 47504(c) of

2 this title.

3 § 48104. Certain direct costs and joint air navigation serv4 ices

5 (a) AUTHORIZATION OF APPROPRIATIONS.—Except as provided in this

6 section, the balance of the money available in the Airport and Airway Trust

7 Fund established under section 9502 of the Internal Revenue Code of 1986

8 (26 U.S.C. 9502) may be appropriated to the Secretary of Transportation

9 out of the Fund for—

10 (1) direct costs the Secretary incurs to flight check, operate, and

11 maintain air navigation facilities referred to in section 44502(a)(1)(A)

12 of this title safely and efficiently; and

13 (2) the costs of services provided under international agreements re14 lated to the joint financing of air navigation services assessed against

15 the United States Government.

16 (b) LIMITATION.—The amount that may be appropriated out of the Fund

17 for each of the fiscal years ending September 30, 1993–1995, may not be

18 more than an amount equal to—

19 (1) 75 percent of the amount made available under sections 106(k)

20 and 48101–48103 of this title for that fiscal year; less

21 (2) the amount made available under sections 48101–48103 of this

22 title for that fiscal year.

23 § 48105. Weather reporting services

24 To reimburse the Secretary of Commerce for the cost incurred by the Na25 tional Oceanic and Atmospheric Administration of providing weather report26 ing services to the Federal Aviation Administration, the Secretary of Trans27 portation may expend from amounts available under section 48104 of this

28 title not more than the following amounts:

29 (1) for the fiscal year ending September 30, 1993, $35,596,000.

30 (2) for the fiscal year ending September 30, 1994, $37,800,000.

31 (3) for the fiscal year ending September 30, 1995, $39,000,000.

32 § 48106. Airway science curriculum grants

33 Amounts are available from the Airport and Airway Trust Fund estab34 lished under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C.

35 9502) to carry out section 44510 of this title. The amounts remain available

36 until expended.

37 § 48107. Civil aviation security research and development

38 After the review under section 44912(b) of this title is completed, nec39 essary amounts may be appropriated to the Secretary of Transportation out

40 of the Airport and Airway Trust Fund established under section 9502 of
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1 the Internal Revenue Code of 1986 (26 U.S.C. 9502) to make grants under

2 section 44912(a)(4)(A).

3 § 48108. Availability and uses of amounts

4 (a) AVAILABILITY OF AMOUNTS.—Amounts equal to the amounts author5 ized under sections 48101–48105 of this title remain in the Airport and

6 Airway Trust Fund established under section 9502 of the Internal Revenue

7 Code of 1986 (26 U.S.C. 9502) until appropriated for the purposes of sec8 tions 48101–48105.

9 (b) LIMITATIONS ON USES.—(1) Amounts in the Fund may be appro10 priated only to carry out a program or activity referred to in this chapter.

11 (2) Amounts in the Fund may be appropriated for administrative ex12 penses of the Department of Transportation or a component of the Depart13 ment only to the extent authorized by section 48104 of this title.

14 (c) LIMITATION ON OBLIGATING OR EXPENDING AMOUNTS.—In a fiscal

15 year beginning after September 30, 1995, the Secretary of Transportation

16 may obligate or expend an amount appropriated out of the Fund under sec17 tion 48104 of this title only if a law expressly amends section 48104.

18 § 48109. Submission of budget information and legislative

19 recommendations and comments

20 When the Administrator of the Federal Aviation Administration submits

21 to the Secretary of Transportation, the President, or the Director of the Of22 fice of Management and Budget any budget information, legislative rec23 ommendation, or comment on legislation about amounts authorized in sec24 tion 48101 or 48102 of this title, the Administrator concurrently shall sub25 mit a copy of the information, recommendation, or comment to the Speaker

26 of the House of Representatives, the Committees on Public Works and

27 Transportation and Appropriations of the House, the President of the Sen28 ate, and the Committees on Commerce, Science, and Transportation and

29 Appropriations of the Senate.

30 § 48110. Facilities for advanced training of maintenance

31 technicians for air carrier aircraft

32 For the fiscal years ending September 30, 1993–1995, amounts necessary

33 to carry out section 44515 of this title may be appropriated to the Secretary

34 of Transportation out of the Airport and Airway Trust Fund established

35 under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502).

36 The amounts remain available until expended.

37 PART D—MISCELLANEOUS

38 CHAPTER 491—BUY-AMERICAN PREFERENCES

Sec.

49101. Buying goods produced in the United States.

49102. Restricting contract awards because of discrimination against United States goods or

services.
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49103. Contract preference for domestic firms.

49104. Restriction on airport projects using products or services of foreign countries denying

fair market opportunities.

49105. Fraudulent use of ‘‘Made in America’’ label.

1 § 49101. Buying goods produced in the United States

2 (a) PREFERENCE.—The Secretary of Transportation may obligate an

3 amount that may be appropriated to carry out section 106(k), 44502(a)(2),

4 or 44509, subchapter I of chapter 471 (except sections 47106(d) and

5 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and

6 48110) of this title for a project only if steel and manufactured goods used

7 in the project are produced in the United States.

8 (b) WAIVER.—The Secretary may waive subsection (a) of this section if

9 the Secretary finds that—

10 (1) applying subsection (a) would be inconsistent with the public in11 terest;

12 (2) the steel and goods produced in the United States are not pro13 duced in a sufficient and reasonably available amount or are not of a

14 satisfactory quality;

15 (3) when procuring a facility or equipment under section

16 44502(a)(2) or 44509, subchapter I of chapter 471 (except sections

17 47106(d) and 47127), or chapter 481 (except sections 48102(e),

18 48106, 48107, and 48110) of this title—

19 (A) the cost of components and subcomponents produced in the

20 United States is more than 60 percent of the cost of all compo21 nents of the facility or equipment; and

22 (B) final assembly of the facility or equipment has occurred in

23 the United States; or

24 (4) including domestic material will increase the cost of the overall

25 project by more than 25 percent.

26 (c) LABOR COSTS.—In this section, labor costs involved in final assembly

27 are not included in calculating the cost of components.

28 § 49102. Restricting contract awards because of discrimina29 tion against United States goods or services

30 A person or enterprise domiciled or operating under the laws of a foreign

31 country may not make a contract or subcontract under section 106(k),

32 44502(a)(2), or 44509, subchapter I of chapter 471 (except sections

33 47106(d) and 47127), or chapter 481 (except sections 48102(e), 48106,

34 48107, and 48110) of this title or subtitle B of title IX of the Omnibus

35 Budget Reconciliation Act of 1990 (Public Law 101–508, 104 Stat. 1388–

36 353) if the government of that country unfairly maintains, in government

37 procurement, a significant and persistent pattern of discrimination against

38 United States goods or services that results in identifiable harm to United
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1 States businesses, that the President identifies under section 305(g)(1)(A)

2 of the Trade Agreements Act of 1979 (19 U.S.C. 2515(g)(1)(A)).

3 § 49103. Contract preference for domestic firms

4 (a) DEFINITIONS.—In this section—

5 (1) ‘‘domestic firm’’ means a business entity incorporated, and con6 ducting business, in the United States.

7 (2) ‘‘foreign firm’’ means a business entity not described in clause

8 (1) of this subsection.

9 (b) PREFERENCE.—Subject to subsections (c) and (d) of this section, the

10 Administrator of the Federal Aviation Administration may make, with a do11 mestic firm, a contract related to a grant made under section 44511, 44512,

12 or 44513 of this title that, under competitive procedures, would be made

13 with a foreign firm, if—

14 (1) the Administrator decides, and the Secretary of Commerce and

15 the United States Trade Representative concur, that the public interest

16 requires making the contract with the domestic firm, considering Unit17 ed States international obligations and trade relations;

18 (2) the difference between the bids submitted by the foreign firm and

19 the domestic firm is not more than 6 percent;

20 (3) the final product of the domestic firm will be assembled com21 pletely in the United States; and

22 (4) at least 51 percent of the final product of the domestic firm will

23 be produced in the United States.

24 (c) NONAPPLICATION.—Subsection (b) of this section does not apply if—

25 (1) compelling national security considerations require that sub26 section (b) of this section not apply; or

27 (2) the Trade Representative decides that making the contract would

28 violate the General Agreement on Tariffs and Trade or an international

29 agreement to which the United States is a party.

30 (d) APPLICATION TO CERTAIN GRANTS.—This section applies only to a

31 contract related to a grant made under section 44511, 44512, or 44513 of

32 this title for which—

33 (1) an amount is authorized by section 48102(a), (b), or (d) of this

34 title to be made available for the fiscal years ending September 30,

35 1991, and September 30, 1992; and

36 (2) a solicitation for bid is issued after November 5, 1990.

37 (e) REPORT.—The Administrator shall submit a report to Congress on—

38 (1) contracts to which this section applies that are made with foreign

39 firms in the fiscal years ending September 30, 1991, and September

40 30, 1992;
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1 (2) the number of contracts that meet the requirements of subsection

2 (b) of this section, but that the Trade Representative decides would

3 violate the General Agreement on Tariffs and Trade or an international

4 agreement to which the United States is a party; and

5 (3) the number of contracts made under this section.

6 § 49104. Restriction on airport projects using products or

7 services of foreign countries denying fair market

8 opportunities

9 (a) DEFINITION AND RULES FOR CONSTRUING SECTION.—In this sec10 tion—

11 (1) ‘‘project’’ has the same meaning given that term in section

12 47102 of this title.

13 (2) each foreign instrumentality and each territory and possession of

14 a foreign country administered separately for customs purposes is a

15 separate foreign country.

16 (3) an article substantially produced or manufactured in a foreign

17 country is a product of the country.

18 (4) a service provided by a person that is a national of a foreign

19 country or that is controlled by a national of a foreign country is a

20 service of the country.

21 (b) LIMITATION ON USE OF AVAILABLE AMOUNTS.—(1) An amount

22 made available under subchapter I of chapter 471 of this title (except sec23 tions 47106(d) and 47127) may not be used for a project that uses a prod24 uct or service of a foreign country during any period the country is on the

25 list maintained by the United States Trade Representative under subsection

26 (d)(1) of this section.

27 (2) Paragraph (1) of this subsection does not apply when the Secretary

28 of Transportation decides that—

29 (A) applying paragraph (1) to the product, service, or project is not

30 in the public interest;

31 (B) a product or service of the same class or type and of satisfactory

32 quality is not produced or offered in the United States, or in a foreign

33 country not listed under subsection (d)(1) of this section, in a sufficient

34 and reasonably available amount; and

35 (C) the project cost will increase by more than 20 percent if the

36 product or service is excluded.

37 (c) DECISIONS ON DENIAL OF FAIR MARKET OPPORTUNITIES.—Not

38 later than 30 days after a report is submitted to Congress under section

39 181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)), the Trade Represent40 ative, for a construction project of more than $500,000 for which the gov41 ernment of a foreign country supplies any part of the amount, shall decide
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1 whether the foreign country denies fair market opportunities for products

2 and suppliers of the United States in procurement or for United States bid3 ders. In making the decision, the Trade Representative shall consider infor4 mation obtained in preparing the report and other information the Trade

5 Representative considers relevant.

6 (d) LIST OF COUNTRIES DENYING FAIR MARKET OPPORTUNITIES.—(1)

7 The Trade Representative shall maintain a list of each foreign country the

8 Trade Representative finds under subsection (c) of this section is denying

9 fair market opportunities. The country shall remain on the list until the

10 Trade Representative decides the country provides fair market opportuni11 ties.

12 (2) The Trade Representative shall publish in the Federal Register—

13 (A) annually the list required under paragraph (1) of this subsection;

14 and

15 (B) any modification of the list made before the next list is pub16 lished.

17 § 49105. Fraudulent use of ‘‘Made in America’’ label

18 If the Secretary of Transportation decides that a person intentionally af19 fixed a ‘‘Made in America’’ label to goods sold in or shipped to the United

20 States that are not made in the United States, the Secretary shall declare

21 the person ineligible, for not less than 3 nor more than 5 years, to receive

22 a contract or grant from the United States Government related to a con23 tract made under section 106(k), 44502(a)(2), or 44509, subchapter I of

24 chapter 471 (except sections 47106(d) and 47127), or chapter 481 (except

25 sections 48102(e), 48106, 48107, and 48110) of this title or subtitle B of

26 title IX of the Omnibus Budget Reconciliation Act of 1990 (Public Law

27 101–508, 104 Stat. 1388–353). The Secretary may bring a civil action to

28 enforce this section in any district court of the United States.

29 SUBTITLE VIII—PIPELINES

CHAPTER Sec.

601. SAFETY ........................................................................................................... 60101

603. USER FEES .................................................................................................... 60301

605. INTERSTATE COMMERCE REGULATION ............................................... 60501

30 CHAPTER 601—SAFETY

Sec.

60101. Definitions.

60102. General authority.

60103. Standards for liquefied natural gas pipeline facilities.

60104. Requirements and limitations.

60105. State certifications.

60106. State agreements.

60107. State grants.

60108. Inspection and maintenance.

60109. High-density population areas and environmentally sensitive areas.

60110. Excess flow valves.

60111. Financial responsibility for liquefied natural gas facilities.
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60112. Pipeline facilities hazardous to life and property.

60113. Customer-owned natural gas service lines.

60114. One-call notification systems.

60115. Technical safety standards committees.

60116. Public education programs.

60117. Administrative.

60118. Compliance and waivers.

60119. Judicial review.

60120. Enforcement.

60121. Actions by private persons.

60122. Civil penalties.

60123. Criminal penalties.

60124. Annual reports.

60125. Authorization of appropriations.

1 § 60101. Definitions

2 (a) In this chapter—

3 (1) ‘‘existing liquefied natural gas facility’’—

4 (A) means a liquefied natural gas facility for which an applica5 tion to approve the site, construction, or operation of the facility

6 was filed before March 1, 1978, with—

7 (i) the Federal Energy Regulatory Commission (or any

8 predecessor); or

9 (ii) the appropriate State or local authority, if the facility

10 is not subject to the jurisdiction of the Commission under the

11 Natural Gas Act (15 U.S.C. 717 et seq.); but

12 (B) does not include a facility on which construction is begun

13 after November 29, 1979, without the approval.

14 (2) ‘‘gas’’ means natural gas, flammable gas, or toxic or corrosive

15 gas.

16 (3) ‘‘gas pipeline facility’’ includes a pipeline, a right of way, a facil17 ity, a building, or equipment used in transporting gas or treating gas

18 during its transportation.

19 (4) ‘‘hazardous liquid’’ means—

20 (A) petroleum or a petroleum product; and

21 (B) a substance the Secretary of Transportation decides may

22 pose an unreasonable risk to life or property when transported by

23 a hazardous liquid pipeline facility in a liquid state (except for liq24 uefied natural gas).

25 (5) ‘‘hazardous liquid pipeline facility’’ includes a pipeline, a right of

26 way, a facility, a building, or equipment used or intended to be used

27 in transporting hazardous liquid.

28 (6) ‘‘interstate gas pipeline facility’’—

29 (A) means a gas pipeline facility—

30 (i) used to transport gas; and

31 (ii) subject to the jurisdiction of the Commission under the

32 Natural Gas Act (15 U.S.C. 717 et seq.); but
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1 (B) does not include a gas pipeline facility transporting gas

2 from an interstate gas pipeline in a State to a direct sales cus3 tomer in that State buying gas for its own consumption.

4 (7) ‘‘interstate hazardous liquid pipeline facility’’ means a hazardous

5 liquid pipeline facility used to transport hazardous liquid in interstate

6 or foreign commerce.

7 (8) ‘‘interstate or foreign commerce’’—

8 (A) related to gas, means commerce—

9 (i) between a place in a State and a place outside that

10 State; or

11 (ii) that affects any commerce described in subclause (A)(i)

12 of this clause; and

13 (B) related to hazardous liquid, means commerce between—

14 (i) a place in a State and a place outside that State; or

15 (ii) places in the same State through a place outside the

16 State.

17 (9) ‘‘intrastate gas pipeline facility’’ means—

18 (A) a gas pipeline facility and transportation of gas within a

19 State not subject to the jurisdiction of the Commission under the

20 Natural Gas Act (15 U.S.C. 717 et seq.); and

21 (B) a gas pipeline facility transporting gas from an interstate

22 gas pipeline in a State to a direct sales customer in that State

23 buying gas for its own consumption.

24 (10) ‘‘intrastate hazardous liquid pipeline facility’’ means a hazard25 ous liquid pipeline facility that is not an interstate hazardous liquid

26 pipeline facility.

27 (11) ‘‘liquefied natural gas’’ means natural gas in a liquid or semi28 solid state.

29 (12) ‘‘liquefied natural gas accident’’ means a release, burning, or

30 explosion of liquefied natural gas from any cause, except a release,

31 burning, or explosion that, under regulations prescribed by the Sec32 retary, does not pose a threat to public health or safety, property, or

33 the environment.

34 (13) ‘‘liquefied natural gas conversion’’ means conversion of natural

35 gas into liquefied natural gas or conversion of liquefied natural gas into

36 natural gas.

37 (14) ‘‘liquefied natural gas pipeline facility’’—

38 (A) means a gas pipeline facility used for transporting or stor39 ing liquefied natural gas, or for liquefied natural gas conversion,

40 in interstate or foreign commerce; but
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1 (B) does not include any part of a structure or equipment lo2 cated in navigable waters (as defined in section 3 of the Federal

3 Power Act (16 U.S.C. 796)).

4 (15) ‘‘municipality’’ means a political subdivision of a State.

5 (16) ‘‘new liquefied natural gas pipeline facility’’ means a liquefied

6 natural gas pipeline facility except an existing liquefied natural gas

7 pipeline facility.

8 (17) ‘‘person’’, in addition to its meaning under section 1 of title 1

9 (except as to societies), includes a State, a municipality, and a trustee,

10 receiver, assignee, or personal representative of a person.

11 (18) ‘‘pipeline facility’’ means a gas pipeline facility and a hazardous

12 liquid pipeline facility.

13 (19) ‘‘pipeline transportation’’ means transporting gas and trans14 porting hazardous liquid.

15 (20) ‘‘State’’ means a State of the United States, the District of Co16 lumbia, and Puerto Rico.

17 (21) ‘‘transporting gas’’—

18 (A) means the gathering, transmission, or distribution of gas by

19 pipeline, or the storage of gas, in interstate or foreign commerce;

20 but

21 (B) does not include gathering gas in a rural area outside a

22 populated area designated by the Secretary as a nonrural area.

23 (22) ‘‘transporting hazardous liquid’’—

24 (A) means the movement of hazardous liquid by pipeline, or the

25 storage of hazardous liquid incidental to the movement of hazard26 ous liquid by pipeline, in or affecting interstate or foreign com27 merce; but

28 (B) does not include moving hazardous liquid through—

29 (i) gathering lines in a rural area;

30 (ii) onshore production, refining, or manufacturing facili31 ties; or

32 (iii) storage or in-plant piping systems associated with on33 shore production, refining, or manufacturing facilities.

34 (b) GATHERING LINES.—(1)(A) Not later than October 24, 1994, the

35 Secretary shall define by regulation the term ‘‘gathering line’’.

36 (B) In defining ‘‘gathering line’’ for gas, the Secretary—

37 (i) shall consider functional and operational characteristics of the

38 lines to be included in the definition; and

39 (ii) is not bound by a classification the Commission establishes under

40 the Natural Gas Act (15 U.S.C. 717 et seq.).
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1 (2)(A) Not later than October 24, 1995, the Secretary shall define by

2 regulation the term ‘‘regulated gathering line’’. In defining the term, the

3 Secretary shall consider factors such as location, length of line from the well

4 site, operating pressure, throughput, and the composition of the transported

5 gas or hazardous liquid, as appropriate, in deciding on the types of lines

6 that functionally are gathering but should be regulated under this chapter

7 because of specific physical characteristics.

8 (B)(i) The Secretary also shall consider diameter when defining ‘‘regu9 lated gathering line’’ for hazardous liquid.

10 (ii) The definition of ‘‘regulated gathering line’’ for hazardous liquid may

11 not include a crude oil gathering line that has a nominal diameter of not

12 more than 6 inches, is operated at low pressure, and is located in a rural

13 area that is not unusually sensitive to environmental damage.

14 § 60102. General authority

15 (a)(1) MINIMUM SAFETY STANDARDS.—The Secretary of Transportation

16 shall prescribe minimum safety standards for pipeline transportation and

17 for pipeline facilities. The standards—

18 (A) apply to transporters of gas and hazardous liquid and to owners

19 and operators of pipeline facilities;

20 (B) may apply to the design, installation, inspection, emergency

21 plans and procedures, testing, construction, extension, operation, re22 placement, and maintenance of pipeline facilities; and

23 (C) shall include a requirement that all individuals responsible for

24 the operation and maintenance of pipeline facilities be tested for quali25 fications and certified to operate and maintain those facilities.

26 (2) As the Secretary considers appropriate, the operator of a pipeline fa27 cility may make the certification under paragraph (1)(C) of this subsection.

28 Testing and certification under paragraph (1)(C) shall address the ability

29 to recognize and react appropriately to abnormal operating conditions that

30 may indicate a dangerous situation or a condition exceeding design limits.

31 (b) PRACTICABILITY AND SAFETY NEEDS STANDARDS.—A standard pre32 scribed under subsection (a) of this section shall be practicable and designed

33 to meet the need for gas pipeline safety, for safely transporting hazardous

34 liquid, and for protecting the environment. Except as provided in section

35 60103 of this title, when prescribing the standard the Secretary shall con36 sider—

37 (1) relevant available—

38 (A) gas pipeline safety information; or

39 (B) hazardous liquid pipeline information;

40 (2) the appropriateness of the standard for the particular type of

41 pipeline transportation or facility;
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1 (3) the reasonableness of the standard; and

2 (4) the extent to which the standard will contribute to public safety

3 and the protection of the environment.

4 (c) PUBLIC SAFETY PROGRAM REQUIREMENTS.—(1) The Secretary shall

5 include in the standards prescribed under subsection (a) of this section a

6 requirement that an operator of a gas pipeline facility participate in a public

7 safety program that—

8 (A) notifies an operator of proposed demolition, excavation, tunnel9 ing, or construction near or affecting the facility;

10 (B) requires an operator to identify a pipeline facility that may be

11 affected by the proposed demolition, excavation, tunneling, or construc12 tion, to prevent damaging the facility; and

13 (C) the Secretary decides will protect a facility adequately against

14 a hazard caused by demolition, excavation, tunneling, or construction.

15 (2) To the extent a public safety program referred to in paragraph (1)

16 of this subsection is not available, the Secretary shall prescribe standards

17 requiring an operator to take action the Secretary prescribes to provide

18 services comparable to services that would be available under a public safety

19 program.

20 (3) The Secretary may include in the standards prescribed under sub21 section (a) of this section a requirement that an operator of a hazardous

22 liquid pipeline facility participate in a public safety program meeting the re23 quirements of paragraph (1) of this subsection or maintain and carry out

24 a damage prevention program that provides services comparable to services

25 that would be available under a public safety program.

26 (d) FACILITY OPERATION INFORMATION STANDARDS.—The Secretary

27 shall prescribe minimum standards requiring an operator of a pipeline facil28 ity subject to this chapter to maintain, to the extent practicable, information

29 related to operating the facility and, when requested, to provide the infor30 mation to the Secretary and an appropriate State official. The information

31 shall include—

32 (1) the business name, address, and telephone number, including an

33 operations emergency telephone number, of the operator;

34 (2) accurate maps and a supplementary geographic description, in35 cluding an identification of areas described in regulations prescribed

36 under section 60109 of this title, that show the location in the State

37 of—

38 (A) major gas pipeline facilities of the operator, including trans39 mission lines and significant distribution lines; and

40 (B) major hazardous liquid pipeline facilities of the operator;

41 (3) a description of—
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1 (A) the characteristics of the operator’s pipelines in the State;

2 and

3 (B) products transported through the operator’s pipelines in the

4 State;

5 (4) the manual that governs operating and maintaining pipeline fa6 cilities in the State;

7 (5) an emergency response plan describing the operator’s procedures

8 for responding to and containing releases, including—

9 (A) identifying specific action the operator will take on discover10 ing a release;

11 (B) liaison procedures with State and local authorities for emer12 gency response; and

13 (C) communication and alert procedures for immediately notify14 ing State and local officials at the time of a release; and

15 (6) other information the Secretary considers useful to inform a

16 State of the presence of pipeline facilities and operations in the State.

17 (e) PIPE INVENTORY STANDARDS.—The Secretary shall prescribe mini18 mum standards requiring an operator of a pipeline facility subject to this

19 chapter and, to the extent the Secretary considers necessary, an operator

20 of a gathering line that is not a regulated gathering line (as defined under

21 section 60101(b)(2) of this title), to maintain for the Secretary, to the ex22 tent practicable, an inventory with appropriate information about the types

23 of pipe used for the transmission of gas or hazardous liquid, as appropriate,

24 in the operator’s system and additional information, including the material’s

25 history and the leak history of the pipe. The inventory—

26 (1) for a gas pipeline facility, shall include an identification of each

27 facility passing through an area described in regulations prescribed

28 under section 60109 of this title but shall exclude equipment used with

29 the compression of gas; and

30 (2) for a hazardous liquid pipeline facility, shall include an identifica31 tion of each facility and gathering line passing through an area de32 scribed in regulations prescribed under section 60109 of this title,

33 whether the facility or gathering line otherwise is subject to this chap34 ter, but shall exclude equipment associated only with the pipeline

35 pumps or storage facilities.

36 (f) STANDARDS AS ACCOMMODATING ‘‘SMART PIGS’’.—(1) The Secretary

37 shall prescribe minimum safety standards requiring that the design and con38 struction of a new gas pipeline transmission facility or hazardous liquid

39 pipeline facility, and the required replacement of an existing gas pipeline

40 transmission facility, hazardous liquid pipeline facility, or equipment, be car41 ried out, to the extent practicable, in a way that accommodates the passage
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1 through the facility of an instrumented internal inspection device (commonly

2 referred to as a ‘‘smart pig’’). The Secretary may apply the standard to an

3 existing gas or hazardous liquid transmission facility and require the facility

4 to be changed to allow the facility to be inspected with an instrumented in5 ternal inspection device if the basic construction of the facility will accom6 modate the device.

7 (2) Not later than October 24, 1995, the Secretary shall prescribe regula8 tions requiring the periodic inspection of each pipeline the operator of the

9 pipeline identifies under section 60109 of this title. The regulations shall

10 include any circumstances under which an inspection shall be conducted

11 with an instrumented internal inspection device and, if the device is not re12 quired, use of an inspection method that is at least as effective as using

13 the device in providing for the safety of the pipeline.

14 (g) EFFECTIVE DATES.—A standard prescribed under this section and

15 section 60110 of this title is effective on the 30th day after the Secretary

16 prescribes the standard. However, the Secretary for good cause may pre17 scribe a different effective date when required because of the time reason18 ably necessary to comply with the standard. The different date must be

19 specified in the regulation prescribing the standard.

20 (h) SAFETY CONDITION REPORTS.—(1) The Secretary shall prescribe

21 regulations requiring each operator of a pipeline facility (except a master

22 meter) to submit to the Secretary a written report on any—

23 (A) condition that is a hazard to life, property, or the environment;

24 and

25 (B) safety-related condition that causes or has caused a significant

26 change or restriction in the operation of a pipeline facility.

27 (2) The Secretary must receive the report not later than 5 working days

28 after a representative of a person to which this section applies first estab29 lishes that the condition exists. Notice of the condition shall be given con30 currently to appropriate State authorities.

31 (i) CARBON DIOXIDE REGULATION.—The Secretary shall regulate carbon

32 dioxide transported by a hazardous liquid pipeline facility. The Secretary

33 shall prescribe regulations related to hazardous liquid to ensure the safe

34 transportation of carbon dioxide by such a facility.

35 (j) EMERGENCY FLOW RESTRICTING DEVICES.—(1) Not later than Octo36 ber 24, 1994, the Secretary shall survey and assess the effectiveness of

37 emergency flow restricting devices (including remotely controlled valves and

38 check valves) and other procedures, systems, and equipment used to detect

39 and locate hazardous liquid pipeline ruptures and minimize product releases

40 from hazardous liquid pipeline facilities.
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1 (2) Not later than 2 years after the survey and assessment are completed,

2 the Secretary shall prescribe regulations on the circumstances under which

3 an operator of a hazardous liquid pipeline facility must use an emergency

4 flow restricting device or other procedure, system, or equipment described

5 in paragraph (1) of this subsection on the facility.

6 (k) PROHIBITION AGAINST LOW INTERNAL STRESS EXCEPTION.—The

7 Secretary may not provide an exception to this chapter for a hazardous liq8 uid pipeline facility only because the facility operates at low internal stress.

9 § 60103. Standards for liquefied natural gas pipeline facili10 ties

11 (a) LOCATION STANDARDS.—The Secretary of Transportation shall pre12 scribe minimum safety standards for deciding on the location of a new lique13 fied natural gas pipeline facility. In prescribing a standard, the Secretary

14 shall consider the—

15 (1) kind and use of the facility;

16 (2) existing and projected population and demographic characteris17 tics of the location;

18 (3) existing and proposed land use near the location;

19 (4) natural physical aspects of the location;

20 (5) medical, law enforcement, and fire prevention capabilities near

21 the location that can cope with a risk caused by the facility; and

22 (6) need to encourage remote siting.

23 (b) DESIGN, INSTALLATION, CONSTRUCTION, INSPECTION, AND TESTING

24 STANDARDS.—The Secretary of Transportation shall prescribe minimum

25 safety standards for designing, installing, constructing, initially inspecting,

26 and initially testing a new liquefied natural gas pipeline facility. When pre27 scribing a standard, the Secretary shall consider—

28 (1) the characteristics of material to be used in constructing the fa29 cility and of alternative material;

30 (2) design factors;

31 (3) the characteristics of the liquefied natural gas to be stored or

32 converted at, or transported by, the facility; and

33 (4) the public safety factors of the design and of alternative designs,

34 particularly the ability to prevent and contain a liquefied natural gas

35 spill.

36 (c) NONAPPLICATION.—(1) Except as provided in paragraph (2) of this

37 subsection, a design, location, installation, construction, initial inspection, or

38 initial testing standard prescribed under this chapter after March 1, 1978,

39 does not apply to an existing liquefied natural gas pipeline facility if the

40 standard is to be applied because of authority given—

41 (A) under this chapter; or
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1 (B) under another law, and the standard is not prescribed at the

2 time the authority is applied.

3 (2)(A) Any design, installation, construction, initial inspection, or initial

4 testing standard prescribed under this chapter after March 1, 1978, may

5 provide that the standard applies to any part of a replacement component

6 of a liquefied natural gas pipeline facility if the component or part is placed

7 in service after the standard is prescribed and application of the standard—

8 (i) does not make the component or part incompatible with other

9 components or parts; or

10 (ii) is not impracticable otherwise.

11 (B) Any location standard prescribed under this chapter after March 1,

12 1978, does not apply to any part of a replacement component of an existing

13 liquefied natural gas pipeline facility.

14 (3) A design, installation, construction, initial inspection, or initial testing

15 standard does not apply to a liquefied natural gas pipeline facility existing

16 when the standard is adopted.

17 (d) OPERATION AND MAINTENANCE STANDARDS.—The Secretary of

18 Transportation shall prescribe minimum operating and maintenance stand19 ards for a liquefied natural gas pipeline facility. In prescribing a standard,

20 the Secretary shall consider—

21 (1) the conditions, features, and type of equipment and structures

22 that make up or are used in connection with the facility;

23 (2) the fire prevention and containment equipment at the facility;

24 (3) security measures to prevent an intentional act that could cause

25 a liquefied natural gas accident;

26 (4) maintenance procedures and equipment;

27 (5) the training of personnel in matters specified by this subsection;

28 and

29 (6) other factors and conditions related to the safe handling of lique30 fied natural gas.

31 (e) EFFECTIVE DATES.—A standard prescribed under this section is ef32 fective on the 30th day after the Secretary of Transportation prescribes the

33 standard. However, the Secretary for good cause may prescribe a different

34 effective date when required because of the time reasonably necessary to

35 comply with the standard. The different date must be specified in the regu36 lation prescribing the standard.

37 (f) CONTINGENCY PLANS.—A new liquefied natural gas pipeline facility

38 may be operated only after the operator submits an adequate contingency

39 plan that states the action to be taken if a liquefied natural gas accident

40 occurs. The Secretary of Energy or appropriate State or local authority

41 shall decide if the plan is adequate.
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1 (g) EFFECT ON OTHER STANDARDS.—This section does not preclude ap2 plying a standard prescribed under section 60102 of this title to a gas pipe3 line facility (except a liquefied natural gas pipeline facility) associated with

4 a liquefied natural gas pipeline facility.

5 § 60104. Requirements and limitations

6 (a) OPPORTUNITY TO PRESENT VIEWS.—The Secretary of Transpor7 tation shall give an interested person an opportunity to make oral and writ8 ten presentations of information, views, and arguments when prescribing a

9 standard under this chapter.

10 (b) NONAPPLICATION.—A design, installation, construction, initial inspec11 tion, or initial testing standard does not apply to a pipeline facility existing

12 when the standard is adopted.

13 (c) PREEMPTION.—A State authority that has submitted a current certifi14 cation under section 60105(a) of this title may adopt additional or more

15 stringent safety standards for intrastate pipeline facilities and intrastate

16 pipeline transportation only if those standards are compatible with the mini17 mum standards prescribed under this chapter. A State authority may not

18 adopt or continue in force safety standards for interstate pipeline facilities

19 or interstate pipeline transportation.

20 (d) CONSULTATION.—(1) When continuity of gas service is affected by

21 prescribing a standard or waiving compliance with standards under this

22 chapter, the Secretary of Transportation shall consult with and advise the

23 Federal Energy Regulatory Commission or a State authority having juris24 diction over the affected gas pipeline facility before prescribing the standard

25 or waiving compliance. The Secretary shall delay the effective date of the

26 standard or waiver until the Commission or State authority has a reason27 able opportunity to grant an authorization it considers necessary.

28 (2) In a proceeding under section 3 or 7 of the Natural Gas Act (15

29 U.S.C. 717b or 717f), each applicant for authority to import natural gas

30 or to establish, construct, operate, or extend a gas pipeline facility subject

31 to an applicable safety standard shall certify that it will design, install, in32 spect, test, construct, operate, replace, and maintain a gas pipeline facility

33 under those standards and plans for inspection and maintenance under sec34 tion 60108 of this title. The certification is binding on the Secretary of En35 ergy and the Commission except when an appropriate enforcement agency

36 has given timely written notice to the Commission that the applicant has

37 violated a standard prescribed under this chapter.

38 (e) LOCATION AND ROUTING OF FACILITIES.—This chapter does not au39 thorize the Secretary of Transportation to prescribe the location or routing

40 of a pipeline facility.
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1 § 60105. State certifications

2 (a) GENERAL REQUIREMENTS AND SUBMISSION.—Except as provided in

3 this section and sections 60114 and 60121 of this title, the Secretary of

4 Transportation may not prescribe or enforce safety standards and practices

5 for an intrastate pipeline facility or intrastate pipeline transportation to the

6 extent that the safety standards and practices are regulated by a State au7 thority (including a municipality if the standards and practices apply to

8 intrastate gas pipeline transportation) that submits to the Secretary annu9 ally a certification for the facilities and transportation that complies with

10 subsections (b) and (c) of this section.

11 (b) CONTENTS.—Each certification submitted under subsection (a) of this

12 section shall state that the State authority—

13 (1) has regulatory jurisdiction over the standards and practices to

14 which the certification applies;

15 (2) has adopted, by the date of certification, each applicable stand16 ard prescribed under this chapter or, if a standard under this chapter

17 was prescribed not later than 120 days before certification, is taking

18 steps to adopt that standard;

19 (3) is enforcing each adopted standard through ways that include in20 spections conducted by State employees meeting the qualifications the

21 Secretary prescribes under section 60107(d)(1)(C) of this title;

22 (4) is encouraging and promoting programs designed to prevent

23 damage by demolition, excavation, tunneling, or construction activity to

24 the pipeline facilities to which the certification applies;

25 (5) may require record maintenance, reporting, and inspection sub26 stantially the same as provided under section 60117 of this title;

27 (6) may require that plans for inspection and maintenance under

28 section 60108(a) and (b) of this title be filed for approval; and

29 (7) may enforce safety standards of the authority under a law of the

30 State by injunctive relief and civil penalties substantially the same as

31 provided under sections 60120 and 60122(a)(1) and (b)–(f) of this

32 title.

33 (c) REPORTS.—(1) Each certification submitted under subsection (a) of

34 this section shall include a report that contains—

35 (A) the name and address of each person to whom the certification

36 applies that is subject to the safety jurisdiction of the State authority;

37 (B) each accident or incident reported during the prior 12 months

38 by that person involving a fatality, personal injury requiring hos39 pitalization, or property damage or loss of more than an amount the

40 Secretary establishes (even if the person sustaining the fatality, per41 sonal injury, or property damage or loss is not subject to the safety
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1 jurisdiction of the authority), any other accident the authority consid2 ers significant, and a summary of the investigation by the authority of

3 the cause and circumstances surrounding the accident or incident;

4 (C) the record maintenance, reporting, and inspection practices con5 ducted by the authority to enforce compliance with safety standards

6 prescribed under this chapter to which the certification applies, includ7 ing the number of inspections of pipeline facilities the authority made

8 during the prior 12 months; and

9 (D) any other information the Secretary requires.

10 (2) The report included in the first certification submitted under sub11 section (a) of this section is only required to state information available at

12 the time of certification.

13 (d) APPLICATION.—A certification in effect under this section does not

14 apply to safety standards prescribed under this chapter after the date of

15 certification. This chapter applies to each applicable safety standard pre16 scribed after the date of certification until the State authority adopts the

17 standard and submits the appropriate certification to the Secretary under

18 subsection (a) of this section.

19 (e) MONITORING.—The Secretary may monitor a safety program estab20 lished under this section to ensure that the program complies with the cer21 tification. A State authority shall cooperate with the Secretary under this

22 subsection.

23 (f) REJECTIONS OF CERTIFICATION.—If after receiving a certification the

24 Secretary decides the State authority is not enforcing satisfactorily compli25 ance with applicable safety standards prescribed under this chapter, the

26 Secretary may reject the certification, assert United States Government ju27 risdiction, or take other appropriate action to achieve adequate enforcement.

28 The Secretary shall give the authority notice and an opportunity for a hear29 ing before taking final action under this subsection. When notice is given,

30 the burden of proof is on the authority to demonstrate that it is enforcing

31 satisfactorily compliance with the prescribed standards.

32 § 60106. State agreements

33 (a) GENERAL AUTHORITY.—If the Secretary of Transportation does not

34 receive a certification under section 60105 of this title, the Secretary may

35 make an agreement with a State authority (including a municipality if the

36 agreement applies to intrastate gas pipeline transportation) authorizing it

37 to take necessary action. Each agreement shall—

38 (1) establish an adequate program for record maintenance, reporting,

39 and inspection designed to assist compliance with applicable safety

40 standards prescribed under this chapter; and
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1 (2) prescribe procedures for approval of plans of inspection and

2 maintenance substantially the same as required under section 60108(a)

3 and (b) of this title.

4 (b) NOTIFICATION.—Each agreement shall require the State authority to

5 notify the Secretary promptly of a violation or probable violation of an ap6 plicable safety standard discovered as a result of action taken in carrying

7 out an agreement under this section.

8 (c) MONITORING.—The Secretary may monitor a safety program estab9 lished under this section to ensure that the program complies with the

10 agreement. A State authority shall cooperate with the Secretary under this

11 subsection.

12 (d) ENDING AGREEMENTS.—The Secretary may end an agreement made

13 under this section when the Secretary finds that the State authority has not

14 complied with any provision of the agreement. The Secretary shall give the

15 authority notice and an opportunity for a hearing before ending an agree16 ment. The finding and decision to end the agreement shall be published in

17 the Federal Register and may not become effective for at least 15 days after

18 the date of publication.

19 § 60107. State grants

20 (a) GENERAL AUTHORITY.—If a State authority files an application not

21 later than September 30 of a calendar year, the Secretary of Transportation

22 shall pay not more than 50 percent of the cost of the personnel, equipment,

23 and activities the authority reasonably requires during the next calendar

24 year—

25 (1) to carry out a safety program under a certification under section

26 60105 of this title or an agreement under section 60106 of this title;

27 or

28 (2) to act as an agent of the Secretary on interstate gas pipeline

29 transmission facilities or interstate hazardous liquid pipeline facilities.

30 (b) PAYMENTS.—After notifying and consulting with a State authority,

31 the Secretary may withhold any part of a payment when the Secretary de32 cides that the authority is not carrying out satisfactorily a safety program

33 or not acting satisfactorily as an agent. The Secretary may pay an authority

34 under this section only when the authority ensures the Secretary that it will

35 provide the remaining costs of a safety program and that the total State

36 amount spent for a safety program (excluding grants of the United States

37 Government) will at least equal the average amount spent—

38 (1) for a gas safety program, for the fiscal years that ended June

39 30, 1967, and June 30, 1968; and

40 (2) for a hazardous liquid safety program, for the fiscal years that

41 ended September 30, 1978, and September 30, 1979.
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1 (c) APPORTIONMENT AND METHOD OF PAYMENT.—The Secretary shall

2 apportion the amount appropriated to carry out this section among the

3 States. A payment may be made under this section in installments, in ad4 vance, or on a reimbursable basis.

5 (d) ADDITIONAL AUTHORITY AND CONSIDERATIONS.—(1) The Secretary

6 may prescribe—

7 (A) the form of, and way of filing, an application under this section;

8 (B) reporting and fiscal procedures the Secretary considers necessary

9 to ensure the proper accounting of money of the Government; and

10 (C) qualifications for a State to meet to receive a payment under this

11 section, including qualifications for State employees who perform in12 spection activities under section 60105 or 60106 of this title.

13 (2) The qualifications prescribed under paragraph (1)(C) of this sub14 section may—

15 (A) consider the experience and training of the employee;

16 (B) order training or other requirements; and

17 (C) provide for approval of qualifications on a conditional basis until

18 specified requirements are met.

19 § 60108. Inspection and maintenance

20 (a) PLANS.—(1) Each person transporting gas or hazardous liquid or

21 owning or operating an intrastate gas pipeline facility or hazardous liquid

22 pipeline facility shall carry out a current written plan (including any

23 changes) for inspection and maintenance of each facility used in the trans24 portation and owned or operated by the person. A copy of the plan shall

25 be kept at any office of the person the Secretary of Transportation consid26 ers appropriate. The Secretary also may require a person transporting gas

27 or hazardous liquid or owning or operating a pipeline facility subject to this

28 chapter to file a plan for inspection and maintenance for approval.

29 (2) If the Secretary or a State authority responsible for enforcing stand30 ards prescribed under this chapter decides that a plan required under para31 graph (1) of this subsection is inadequate for safe operation, the Secretary

32 or authority shall require the person to revise the plan. Revision may be

33 required only after giving notice and an opportunity for a hearing. A plan

34 required under paragraph (1) must be practicable and designed to meet the

35 need for pipeline safety and must include terms designed to enhance the

36 ability to discover safety-related conditions described in section 60102(h)(1)

37 of this title. In deciding on the adequacy of a plan, the Secretary or author38 ity shall consider—

39 (A) relevant available pipeline safety information;

40 (B) the appropriateness of the plan for the particular kind of pipe41 line transportation or facility;
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1 (C) the reasonableness of the plan; and

2 (D) the extent to which the plan will contribute to public safety and

3 the protection of the environment.

4 (3) A plan required under this subsection shall be made available to the

5 Secretary or State authority on request under section 60117 of this title.

6 (b) INSPECTION AND TESTING.—(1) The Secretary shall inspect and re7 quire appropriate testing of a pipeline facility subject to this chapter that

8 is not covered by a certification under section 60105 of this title or an

9 agreement under section 60106 of this title. The Secretary shall decide on

10 the frequency and type of inspection and testing under this subsection on

11 a case-by-case basis after considering the following:

12 (A) the location of the pipeline facility.

13 (B) the type, size, age, manufacturer, method of construction, and

14 condition of the pipeline facility.

15 (C) the nature and volume of material transported through the pipe16 line facility.

17 (D) the pressure at which that material is transported.

18 (E) climatic, geologic, and seismic characteristics (including soil

19 characteristics) and conditions of the area in which the pipeline facility

20 is located.

21 (F) existing and projected population and demographic characteris22 tics of the area in which the pipeline facility is located.

23 (G) for a hazardous liquid pipeline facility, the proximity of the area

24 in which the facility is located to an area that is unusually sensitive

25 to environmental damage.

26 (H) the frequency of leaks.

27 (I) other factors the Secretary decides are relevant to the safety of

28 pipeline facilities.

29 (2) To the extent and in amounts provided in advance in an appropriation

30 law, the Secretary shall decide on the frequency of inspection under para31 graph (1) of this subsection. However, an inspection must occur at least

32 once every 2 years. The Secretary may reduce the frequency of an inspec33 tion of a master meter system.

34 (3) Testing under this subsection shall use the most appropriate tech35 nology practicable.

36 (c) PIPELINE FACILITIES OFFSHORE AND IN NAVIGABLE WATERS.—(1)

37 In this subsection—

38 (A) ‘‘abandoned’’ means permanently removed from service.

39 (B) ‘‘pipeline facility’’ includes an underwater abandoned pipeline fa40 cility.
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1 (C) if a pipeline facility has no operator, the most recent operator

2 of the facility is deemed to be the operator of the facility.

3 (2)(A) Not later than May 16, 1993, on the basis of experience with the

4 inspections under section 3(h)(1)(A) of the Natural Gas Pipeline Safety Act

5 of 1968 or section 203(l)(1)(A) of the Hazardous Liquid Pipeline Safety

6 Act of 1979, as appropriate, and any other information available to the Sec7 retary, the Secretary shall establish a mandatory, systematic, and, where

8 appropriate, periodic inspection program of—

9 (i) all offshore pipeline facilities; and

10 (ii) any other pipeline facility crossing under, over, or through navi11 gable waters (as defined by the Secretary) if the Secretary decides that

12 the location of the facility in those navigable waters could pose a haz13 ard to navigation or public safety.

14 (B) In prescribing regulations to carry out subparagraph (A) of this para15 graph—

16 (i) the Secretary shall identify what is a hazard to navigation with

17 respect to an underwater abandoned pipeline facility; and

18 (ii) for an underwater pipeline facility abandoned after October 24,

19 1992, the Secretary shall include requirements that will lessen the po20 tential that the facility will pose a hazard to navigation and shall con21 sider the relationship between water depth and navigational safety and

22 factors relevant to the local marine environment.

23 (3)(A) The Secretary shall establish by regulation a program requiring

24 an operator of a pipeline facility described in paragraph (2) of this sub25 section to report a potential or existing navigational hazard involving that

26 pipeline facility to the Secretary through the appropriate Coast Guard of27 fice.

28 (B) The operator of a pipeline facility described in paragraph (2) of this

29 subsection that discovers any part of the pipeline facility that is a hazard

30 to navigation shall mark the location of the hazardous part with a Coast31 Guard-approved marine buoy or marker and immediately shall notify the

32 Secretary as provided by the Secretary under subparagraph (A) of this

33 paragraph. A marine buoy or marker used under this subparagraph is

34 deemed a pipeline sign or right-of-way marker under section 60123(c) of

35 this title.

36 (4)(A) The Secretary shall require by regulation that each pipeline facility

37 described in paragraph (2) of this subsection that is a hazard to navigation

38 is buried not later than 6 months after the date the condition of the facility

39 is reported to the Secretary. The Secretary may extend that 6-month period

40 for a reasonable period to ensure compliance with this paragraph.
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1 (B) In prescribing regulations for subparagraph (A) of this paragraph for

2 an underwater pipeline facility abandoned after October 24, 1992, the Sec3 retary shall include requirements that will lessen the potential that the facil4 ity will pose a hazard to navigation and shall consider the relationship be5 tween water depth and navigational safety and factors relevant to the local

6 marine environment.

7 (5)(A) Not later than October 24, 1994, the Secretary shall establish

8 standards on what is an exposed offshore pipeline facility and what is a haz9 ard to navigation under this subsection.

10 (B) Not later than 6 months after the Secretary establishes standards

11 under subparagraph (A) of this paragraph, or October 24, 1995, whichever

12 occurs first, the operator of each offshore pipeline facility not described in

13 section 3(h)(1)(A) of the Natural Gas Pipeline Safety Act of 1968 or sec14 tion 203(l)(1)(A) of the Hazardous Liquid Pipeline Safety Act of 1979, as

15 appropriate, shall inspect the facility and report to the Secretary on any

16 part of the facility that is exposed or is a hazard to navigation. This sub17 paragraph applies only to a facility that is between the high water mark

18 and the point at which the subsurface is under 15 feet of water, as meas19 ured from mean low water. An inspection that occurred after October 3,

20 1989, may be used for compliance with this subparagraph if the inspection

21 conforms to the requirements of this subparagraph.

22 (C) The Secretary may extend the time period specified in subparagraph

23 (B) of this paragraph for not more than 6 months if the operator of a facil24 ity satisfies the Secretary that the operator has made a good faith effort,

25 with reasonable diligence, but has been unable to comply by the end of that

26 period.

27 (6)(A) The operator of a pipeline facility abandoned after October 24,

28 1992, shall report the abandonment to the Secretary in a way that specifies

29 whether the facility has been abandoned properly according to applicable

30 United States Government and State requirements.

31 (B) Not later than October 24, 1995, the operator of a pipeline facility

32 abandoned before October 24, 1992, shall report to the Secretary reasonably

33 available information related to the facility, including information that a

34 third party possesses. The information shall include the location, size, date,

35 and method of abandonment, whether the facility has been abandoned prop36 erly under applicable law, and other relevant information the Secretary may

37 require. Not later than April 24, 1994, the Secretary shall specify how the

38 information shall be reported. The Secretary shall ensure that the Govern39 ment maintains the information in a way accessible to appropriate Govern40 ment agencies and State authorities.
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1 (C) The Secretary shall request that a State authority having information

2 on a collision between a vessel and an underwater pipeline facility report

3 the information to the Secretary in a timely way and make a reasonable

4 effort to specify the location, date, and severity of the collision. Chapter 35

5 of title 44 does not apply to this subparagraph.

6 (7) The Secretary may not exempt from this chapter an offshore hazard7 ous liquid pipeline facility only because the pipeline facility transfers hazard8 ous liquid in an underwater pipeline between a vessel and an onshore facil9 ity.

10 (d) REPLACING CAST IRON GAS PIPELINES.—(1) The Secretary shall

11 publish a notice on the availability of industry guidelines, developed by the

12 Gas Piping Technology Committee, for replacing cast iron pipelines. Not

13 later than 2 years after the guidelines become available, the Secretary shall

14 conduct a survey of gas pipeline operators with cast iron pipe in their sys15 tems to establish—

16 (A) the extent to which each operator has adopted a plan for the

17 safe management and replacement of cast iron;

18 (B) the elements of the plan, including the anticipated rate of re19 placement; and

20 (C) the progress that has been made.

21 (2) Chapter 35 of title 44 does not apply to the conduct of the survey.

22 (3) This subsection does not prevent the Secretary from developing Gov23 ernment guidelines or regulations for cast iron gas pipelines as the Sec24 retary considers appropriate.

25 § 60109. High-density population areas and environmentally

26 sensitive areas

27 (a) IDENTIFICATION REQUIREMENTS.—Not later than October 24, 1994,

28 the Secretary of Transportation shall prescribe regulations that—

29 (1) establish criteria for identifying—

30 (A) by operators of gas pipeline facilities, each gas pipeline fa31 cility (except a natural gas distribution line) located in a high-den32 sity population area; and

33 (B) by operators of hazardous liquid pipeline facilities and gath34 ering lines—

35 (i) each hazardous liquid pipeline facility, whether other36 wise subject to this chapter, that crosses a navigable water37 way (as the Secretary defines by regulation) or that is located

38 in an area described in the criteria as a high-density popu39 lation area; and

40 (ii) each hazardous liquid pipeline facility and gathering

41 line, whether otherwise subject to this chapter, located in an
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1 area that the Secretary, in consultation with the Adminis2 trator of the Environmental Protection Agency, describes as

3 unusually sensitive to environmental damage if there is a haz4 ardous liquid pipeline accident; and

5 (2) provide that the identification be carried out through the inven6 tory required under section 60102(c) of this title.

7 (b) AREAS TO BE INCLUDED AS UNUSUALLY SENSITIVE.—When describ8 ing an area that is unusually sensitive to environmental damage if there is

9 a hazardous liquid pipeline accident, the Secretary shall consider includ10 ing—

11 (1) earthquake zones and areas subject to landslides and other sub12 stantial ground movements;

13 (2) areas of likely ground water contamination if a hazardous liquid

14 pipeline facility ruptures;

15 (3) freshwater lakes, rivers, and waterways; and

16 (4) river deltas and other areas subject to soil erosion or subsidence

17 from flooding or other water action where a hazardous liquid pipeline

18 facility is likely to become exposed or undermined.

19 § 60110. Excess flow valves

20 (a) APPLICATION.—This section applies only to—

21 (1) a natural gas distribution system installed after the effective date

22 of regulations prescribed under this section; and

23 (2) any other natural gas distribution system when repair to the sys24 tem requires replacing a part to accommodate installing excess flow

25 valves.

26 (b) INSTALLATION REQUIREMENTS AND CONSIDERATIONS.—Not later

27 than April 24, 1994, the Secretary of Transportation shall prescribe regula28 tions on the circumstances under which an operator of a natural gas dis29 tribution system must install excess flow valves in the system. The Secretary

30 shall consider—

31 (1) the system design pressure;

32 (2) the system operating pressure;

33 (3) the types of customers to which the distribution system supplies

34 gas, including hospitals, schools, and commercial enterprises;

35 (4) the technical feasibility and cost of installing the valve;

36 (5) the public safety benefits of installing the valve;

37 (6) the location of customer meters; and

38 (7) other factors the Secretary considers relevant.

39 (c) NOTIFICATION OF AVAILABILITY.—(1) Not later than October 24,

40 1994, the Secretary shall prescribe regulations requiring an operator of a

41 natural gas distribution system to notify in writing its customers having
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1 lines in which excess flow valves are not required by law but can be installed

2 according to the standards prescribed under subsection (e) of this section,

3 of—

4 (A) the availability of excess flow valves for installation in the sys5 tem;

6 (B) safety benefits to be derived from installation; and

7 (C) costs associated with installation.

8 (2) The regulations shall provide that, except when installation is required

9 under subsection (b) of this section, excess flow valves shall be installed at

10 the request of the customer if the customer will pay all costs associated with

11 installation.

12 (d) REPORT.—If the Secretary decides under subsection (b) of this sec13 tion that there are no circumstances under which an operator must install

14 excess flow valves, the Secretary shall submit to Congress a report on the

15 reasons for the decision not later than 30 days after the decision is made.

16 (e) PERFORMANCE STANDARDS.—Not later than April 24, 1994, the Sec17 retary shall develop standards for the performance of excess flow valves

18 used to protect lines in a natural gas distribution system. The standards

19 shall be incorporated into regulations the Secretary prescribes under this

20 section. All excess flow valves shall be installed according to the standards.

21 § 60111. Financial responsibility for liquefied natural gas fa22 cilities

23 (a) NOTICE.—When the Secretary of Transportation believes that an op24 erator of a liquefied natural gas facility does not have adequate financial

25 responsibility for the facility, the Secretary may issue a notice to the opera26 tor about the inadequacy and the amount of financial responsibility the Sec27 retary considers adequate.

28 (b) HEARINGS.—An operator receiving a notice under subsection (a) of

29 this section may have a hearing on the record not later than 30 days after

30 receiving the notice. The operator may show why the Secretary should not

31 issue an order requiring the operator to demonstrate and maintain financial

32 responsibility in at least the amount the Secretary considers adequate.

33 (c) ORDERS.—After an opportunity for a hearing on the record, the Sec34 retary may issue the order if the Secretary decides it is justified in the pub35 lic interest.

36 § 60112. Pipeline facilities hazardous to life and property

37 (a) GENERAL AUTHORITY.—After notice and an opportunity for a hear38 ing, the Secretary of Transportation may decide a pipeline facility is hazard39 ous if the Secretary decides the facility is—

40 (1) hazardous to life, property, or the environment; or
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1 (2) constructed or operated, or a component of the facility is con2 structed or operated, with equipment, material, or a technique the Sec3 retary decides is hazardous to life, property, or the environment.

4 (b) CONSIDERATIONS.—In making a decision under subsection (a) of this

5 section, the Secretary shall consider, if relevant—

6 (1) the characteristics of the pipe and other equipment used in the

7 pipeline facility, including the age, manufacture, physical properties,

8 and method of manufacturing, constructing, or assembling the equip9 ment;

10 (2) the nature of the material the pipeline facility transports, the

11 corrosive and deteriorative qualities of the material, the sequence in

12 which the material are transported, and the pressure required for

13 transporting the material;

14 (3) the aspects of the area in which the pipeline facility is located,

15 including climatic and geologic conditions and soil characteristics;

16 (4) the proximity of the area in which the hazardous liquid pipeline

17 facility is located to environmentally sensitive areas;

18 (5) the population density and population and growth patterns of the

19 area in which the pipeline facility is located;

20 (6) any recommendation of the National Transportation Safety

21 Board made under another law; and

22 (7) other factors the Secretary considers appropriate.

23 (c) OPPORTUNITY FOR STATE COMMENT.—The Secretary shall provide,

24 to any appropriate official of a State in which a pipeline facility is located

25 and about which a proceeding has begun under this section, notice and an

26 opportunity to comment on an agreement the Secretary proposes to make

27 to resolve the proceeding. State comment shall incorporate comments of af28 fected local officials.

29 (d) CORRECTIVE ACTION ORDERS.—If the Secretary decides under sub30 section (a) of this section that a pipeline facility is hazardous, the Secretary

31 shall order the operator of the facility to take necessary corrective action.

32 (e) WAIVER OF NOTICE AND HEARING IN EMERGENCY.—The Secretary

33 may waive the requirements for notice and an opportunity for a hearing

34 under this section and issue expeditiously an order under this section if the

35 Secretary decides failure to issue the order expeditiously will result in likely

36 serious harm to life, property, or the environment. An order under this sub37 section shall provide an opportunity for a hearing as soon as practicable

38 after the order is issued.

39 § 60113. Customer-owned natural gas service lines

40 (a) MAINTENANCE INFORMATION.—Not later than October 24, 1993, the

41 Secretary of Transportation shall prescribe regulations requiring an opera-
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1 tor of a natural gas distribution pipeline that does not maintain customer2 owned natural gas service lines up to building walls to advise its customers

3 of—

4 (1) the requirements for maintaining those lines;

5 (2) any resources known to the operator that could assist customers

6 in carrying out the maintenance;

7 (3) information the operator has on operating and maintaining its

8 lines that could assist customers; and

9 (4) the potential hazards of not maintaining the lines.

10 (b) ACTIONS TO PROMOTE SAFETY.—Not later than one year after sub11 mitting the report required under section 115(b) of the Pipeline Safety Act

12 of 1992 (Public Law 102–508, 106 Stat. 3296), the Secretary, considering

13 the report and in cooperation and coordination with appropriate State and

14 local authorities, shall take appropriate action to promote the adoption of

15 measures to improve the safety of customer-owned natural gas service lines.

16 § 60114. One-call notification systems

17 (a) MINIMUM REQUIREMENTS.—The Secretary of Transportation shall

18 prescribe regulations providing minimum requirements for establishing and

19 operating a one-call notification system for a State to adopt that will notify

20 an operator of a pipeline facility of activity in the vicinity of the facility that

21 could threaten the safety of the facility. The regulations shall include the

22 following:

23 (1) a requirement that the system apply to all areas of the State

24 containing underground pipeline facilities.

25 (2) a requirement that a person intending to engage in an activity

26 the Secretary decides could cause physical damage to an underground

27 facility must contact the appropriate system to establish if there are

28 underground facilities present in the area of the intended activity.

29 (3) a requirement that all operators of underground pipeline facilities

30 participate in an appropriate one-call notification system.

31 (4) qualifications for an operator of a facility, a private contractor,

32 or a State or local authority to operate a system.

33 (5) procedures for advertisement and notice of the availability of a

34 system.

35 (6) a requirement about the information to be provided by a person

36 contacting the system under clause (2) of this subsection.

37 (7) a requirement for the response of the operator of the system and

38 of the facility after they are contacted by an individual under this sub39 section.

40 (8) a requirement that each State decide whether the system will be

41 toll free.
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1 (9) a requirement for sanctions substantially the same as provided

2 under sections 60120, 60122, and 60123 of this title.

3 (b) GRANTS.—The Secretary may make a grant to a State under this sec4 tion to develop and establish a one-call notification system consistent with

5 subsection (a) of this section.

6 (c) MARKING FACILITIES.—On notification by an operator of a damage

7 prevention program or by a person planning to carry out demolition, exca8 vation, tunneling, or construction in the vicinity of a pipeline facility, the

9 operator of the facility shall mark accurately, in a reasonable and timely

10 way, the location of the pipeline facilities in the vicinity of the demolition,

11 excavation, tunneling, or construction.

12 (d) APPORTIONMENT.—When apportioning the amount appropriated to

13 carry out section 60107 of this title among the States, the Secretary—

14 (1) shall consider whether a State has adopted or is seeking adoption

15 of a one-call notification system under this section; and

16 (2) shall withhold part of a payment under section 60107 of this title

17 when the Secretary decides a State has not adopted, or is not seeking

18 adoption of, a one-call notification system.

19 (e) RELATIONSHIP TO OTHER LAWS.—This section and regulations pre20 scribed under this section do not affect the liability established under a law

21 of the United States or a State for damage caused by an activity described

22 in subsection (a)(2) of this section.

23 § 60115. Technical safety standards committees

24 (a) ORGANIZATION.—The Technical Pipeline Safety Standards Committee

25 and the Technical Hazardous Liquid Pipeline Safety Standards Committee

26 are committees in the Department of Transportation.

27 (b) COMPOSITION AND APPOINTMENT.—(1) The Technical Pipeline Safe28 ty Standards Committee is composed of 15 members appointed by the Sec29 retary of Transportation after consulting with public and private agencies

30 concerned with the technical aspect of transporting gas or operating a gas

31 pipeline facility. Each member must be experienced in the safety regulation

32 of transporting gas and of gas pipeline facilities or technically qualified, by

33 training, experience, or knowledge in at least one field of engineering appli34 cable to transporting gas or operating a gas pipeline facility, to evaluate gas

35 pipeline safety standards.

36 (2) The Technical Hazardous Liquid Pipeline Safety Standards Commit37 tee is composed of 15 members appointed by the Secretary after consulting

38 with public and private agencies concerned with the technical aspect of

39 transporting hazardous liquid or operating a hazardous liquid pipeline facil40 ity. Each member must be experienced in the safety regulation of transport41 ing hazardous liquid and of hazardous liquid pipeline facilities or technically
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1 qualified, by training, experience, or knowledge in at least one field of engi2 neering applicable to transporting hazardous liquid or operating a hazardous

3 liquid pipeline facility, to evaluate hazardous liquid pipeline safety stand4 ards.

5 (3) The members of each committee are appointed as follows:

6 (A) 5 individuals selected from departments, agencies, and instru7 mentalities of the United States Government and of the States.

8 (B) 4 individuals selected from the natural gas or hazardous liquid

9 industry, as appropriate, after consulting with industry representatives.

10 (C) 6 individuals selected from the general public.

11 (4)(A) Two of the individuals selected for each committee under para12 graph (3)(A) of this subsection must be State commissioners. The Secretary

13 shall consult with the national organization of State commissions (referred

14 to in section 10344(f) of this title) before selecting those 2 individuals.

15 (B) At least 3 of the individuals selected for each committee under para16 graph (3)(B) of this subsection must be currently in the active operation

17 of natural gas pipelines or hazardous liquid pipeline facilities, as appro18 priate.

19 (C) Two of the individuals selected for each committee under paragraph

20 (3)(C) of this subsection must have education, background, or experience in

21 environmental protection or public safety. At least one individual selected

22 for each committee under paragraph (3)(C) may not have a financial inter23 est in the pipeline, petroleum, or natural gas industries.

24 (c) COMMITTEE REPORTS ON PROPOSED STANDARDS.—(1) The Sec25 retary shall give to—

26 (A) the Technical Pipeline Safety Standards Committee each stand27 ard proposed under this chapter for transporting gas and for gas pipe28 line facilities; and

29 (B) the Technical Hazardous Liquid Pipeline Safety Standards Com30 mittee each standard proposed under this chapter for transporting haz31 ardous liquid and for hazardous liquid pipeline facilities.

32 (2) Not later than 90 days after receiving the proposed standard, the ap33 propriate committee shall prepare a report on the technical feasibility, rea34 sonableness, and practicability of the proposed standard. The Secretary

35 shall publish each report, including minority views. The report if timely

36 made is part of the proceeding for prescribing the standard. The Secretary

37 is not bound by the conclusions of the committee. However, if the Secretary

38 rejects the conclusions of the committee, the Secretary shall publish the rea39 sons.

40 (3) The Secretary may prescribe a standard after the end of the 90-day

41 period.
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1 (d) PROPOSED COMMITTEE STANDARDS AND POLICY DEVELOPMENT

2 RECOMMENDATIONS.—(1) The Technical Pipeline Safety Standards Com3 mittee may propose to the Secretary a safety standard for transporting gas

4 and for gas pipeline facilities. The Technical Hazardous Liquid Pipeline

5 Safety Standards Committee may propose to the Secretary a safety stand6 ard for transporting hazardous liquid and for hazardous liquid pipeline fa7 cilities.

8 (2) If requested by the Secretary, a committee shall make policy develop9 ment recommendations to the Secretary.

10 (e) MEETINGS.—Each committee shall meet with the Secretary at least

11 twice annually. Each committee proceeding shall be recorded. The record of

12 the proceeding shall be available to the public.

13 (f) PAY AND EXPENSES.—The Secretary may establish the pay for each

14 member of a committee for each day (including travel time) when perform15 ing duties of the committee. However, a member may not be paid more than

16 the daily equivalent of the maximum annual rate of basic pay payable under

17 section 5376 of title 5. A member is entitled to reimbursement for expenses

18 under section 5703 of title 5. This subsection does not apply to members

19 regularly employed by the Government. A payment under this subsection

20 does not make a member an officer or employee of the Government.

21 § 60116. Public education programs

22 Under regulations the Secretary of Transportation prescribes, each per23 son transporting gas shall carry out a program to educate the public on the

24 possible hazards associated with gas leaks and the importance of reporting

25 gas odors and leaks to the appropriate authority. The Secretary may de26 velop material suitable for use in the program.

27 § 60117. Administrative

28 (a) GENERAL AUTHORITY.—To carry out this chapter, the Secretary of

29 Transportation may conduct investigations, make reports, issue subpenas,

30 conduct hearings, require the production of records, take depositions, and

31 conduct research, testing, development, demonstration, and training activi32 ties. The Secretary may not charge a tuition-type fee for training State or

33 local government personnel in the enforcement of regulations prescribed

34 under this chapter.

35 (b) RECORDS, REPORTS, AND INFORMATION.—To enable the Secretary to

36 decide whether a person transporting gas or hazardous liquid or operating

37 a pipeline facility is complying with this chapter and standards prescribed

38 or orders issued under this chapter, the person shall—

39 (1) maintain records, make reports, and provide information the Sec40 retary requires; and
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1 (2) make the records, reports, and information available when the

2 Secretary requests.

3 (c) ENTRY AND INSPECTION.—An officer, employee, or agent of the De4 partment of Transportation designated by the Secretary, on display of prop5 er credentials to the individual in charge, may enter premises to inspect the

6 records and property of a person at a reasonable time and in a reasonable

7 way to decide whether a person is complying with this chapter and stand8 ards prescribed or orders issued under this chapter.

9 (d) CONFIDENTIALITY OF INFORMATION.—Information related to a con10 fidential matter referred to in section 1905 of title 18 that is obtained by

11 the Secretary or an officer, employee, or agent in carrying out this section

12 may be disclosed only to another officer or employee concerned with carry13 ing out this chapter or in a proceeding under this chapter.

14 (e) USE OF ACCIDENT REPORTS.—(1) Each accident report made by an

15 officer, employee, or agent of the Department may be used in a judicial pro16 ceeding resulting from the accident. The officer, employee, or agent may be

17 required to testify in the proceeding about the facts developed in investigat18 ing the accident. The report shall be made available to the public in a way

19 that does not identify an individual.

20 (2) Each report related to research and demonstration projects and relat21 ed activities is public information.

22 (f) TESTING FACILITIES INVOLVED IN ACCIDENTS.—The Secretary may

23 require testing of a part of a pipeline facility subject to this chapter that

24 has been involved in or affected by an accident only after—

25 (1) notifying the appropriate State official in the State in which the

26 facility is located; and

27 (2) attempting to negotiate a mutually acceptable plan for testing

28 with the owner of the facility and, when the Secretary considers appro29 priate, the National Transportation Safety Board.

30 (g) PROVIDING SAFETY INFORMATION.—On request, the Secretary shall

31 provide the Federal Energy Regulatory Commission or appropriate State

32 authority with information the Secretary has on the safety of material, oper33 ations, devices, or processes related to pipeline transportation or operating

34 a pipeline facility.

35 (h) COOPERATION.—The Secretary may—

36 (1) advise, assist, and cooperate with other departments, agencies,

37 and instrumentalities of the United States Government, the States, and

38 public and private agencies and persons in planning and developing

39 safety standards and ways to inspect and test to decide whether those

40 standards have been complied with;
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1 (2) consult with and make recommendations to other departments,

2 agencies, and instrumentalities of the Government, State and local gov3 ernments, and public and private agencies and persons to develop and

4 encourage activities, including the enactment of legislation, that will as5 sist in carrying out this chapter and improve State and local pipeline

6 safety programs; and

7 (3) participate in a proceeding involving safety requirements related

8 to a liquefied natural gas facility before the Commission or a State au9 thority.

10 (i) PROMOTING COORDINATION.—After consulting with appropriate State

11 officials, the Secretary shall establish procedures to promote more effective

12 coordination between departments, agencies, and instrumentalities of the

13 Government and State authorities with regulatory authority over pipeline fa14 cilities about responses to a pipeline accident.

15 (j) WITHHOLDING INFORMATION FROM CONGRESS.—This section does

16 not authorize information to be withheld from a committee of Congress au17 thorized to have the information.

18 § 60118. Compliance and waivers

19 (a) GENERAL REQUIREMENTS.—A person transporting gas or hazardous

20 liquid or owning or operating a pipeline facility shall—

21 (1) comply with applicable safety standards prescribed under this

22 chapter, except as provided in this section;

23 (2) prepare and carry out a plan for inspection and maintenance re24 quired under section 60108 (a) and (b) of this title; and

25 (3) allow access to or copying of records, make reports and provide

26 information, and allow entry or inspection required under section

27 60117(a)–(d) of this title.

28 (b) COMPLIANCE ORDERS.—The Secretary of Transportation may issue

29 orders directing compliance with this chapter or a regulation prescribed

30 under this chapter. An order shall state clearly the action a person must

31 take to comply.

32 (c) WAIVERS BY SECRETARY.—On application of a person transporting

33 gas or hazardous liquid or operating a pipeline facility, the Secretary by

34 order may waive compliance with any part of an applicable standard pre35 scribed under this chapter on terms the Secretary considers appropriate, if

36 the waiver is not inconsistent with pipeline safety. The Secretary shall state

37 the reasons for granting a waiver under this subsection. The Secretary may

38 act on a waiver only after notice and an opportunity for a hearing.

39 (d) WAIVERS BY STATE AUTHORITIES.—If a certification under section

40 60105 of this title or an agreement under section 60106 of this title is in

41 effect, the State authority may waive compliance with a safety standard to
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1 which the certification or agreement applies in the same way and to the

2 same extent the Secretary may waive compliance under subsection (c) of

3 this section. However, the authority must give the Secretary written notice

4 of the waiver at least 60 days before its effective date. If the Secretary

5 makes a written objection before the effective date of the waiver, the waiver

6 is stayed. After notifying the authority of the objection, the Secretary shall

7 provide a prompt opportunity for a hearing. The Secretary shall make the

8 final decision on granting the waiver.

9 § 60119. Judicial review

10 (a) REVIEW OF REGULATIONS AND WAIVER ORDERS.—(1) Except as

11 provided in subsection (b) of this section, a person adversely affected by a

12 regulation prescribed under this chapter or an order issued about an appli13 cation for a waiver under section 60118 (c) or (d) of this title may apply

14 for review of the regulation or order by filing a petition for review in the

15 United States Court of Appeals for the District of Columbia Circuit or in

16 the court of appeals of the United States for the circuit in which the person

17 resides or has its principal place of business. The petition must be filed not

18 later than 89 days after the regulation is prescribed or order is issued. The

19 clerk of the court immediately shall send a copy of the petition to the Sec20 retary of Transportation.

21 (2) A judgment of a court under paragraph (1) of this subsection may

22 be reviewed only by the Supreme Court under section 1254 of title 28. A

23 remedy under paragraph (1) is in addition to any other remedies provided

24 by law.

25 (b) REVIEW OF FINANCIAL RESPONSIBILITY ORDERS.—(1) A person ad26 versely affected by an order issued under section 60111 of this title may

27 apply for review of the order by filing a petition for review in the appro28 priate court of appeals of the United States. The petition must be filed not

29 later than 60 days after the order is issued. Findings of fact the Secretary

30 makes are conclusive if supported by substantial evidence.

31 (2) A judgment of a court under paragraph (1) of this subsection may

32 be reviewed only by the Supreme Court under section 1254(1) of title 28.

33 § 60120. Enforcement

34 (a) CIVIL ACTIONS.—(1) On the request of the Secretary of Transpor35 tation, the Attorney General may bring a civil action in an appropriate dis36 trict court of the United States to enforce this chapter or a regulation pre37 scribed or order issued under this chapter. The court may award appro38 priate relief, including punitive damages.

39 (2) At the request of the Secretary, the Attorney General may bring a

40 civil action in a district court of the United States to require a person to

41 comply immediately with a subpena or to allow an officer, employee, or
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1 agent authorized by the Secretary to enter the premises, and inspect the

2 records and property, of the person to decide whether the person is comply3 ing with this chapter. The action may be brought in the judicial district in

4 which the defendant resides, is found, or does business. The court may pun5 ish a failure to obey the order as a contempt of court.

6 (b) JURY TRIAL DEMAND.—In a trial for criminal contempt for violating

7 an injunction issued under this section, the violation of which is also a viola8 tion of this chapter, the defendant may demand a jury trial. The defendant

9 shall be tried as provided in rule 42(b) of the Federal Rules of Criminal

10 Procedure (18 App. U.S.C.).

11 (c) EFFECT ON TORT LIABILITY.—This chapter does not affect the tort

12 liability of any person.

13 § 60121. Actions by private persons

14 (a) GENERAL AUTHORITY.—(1) A person may bring a civil action in an

15 appropriate district court of the United States for an injunction against an16 other person (including the United States Government and other govern17 mental authorities to the extent permitted under the 11th amendment to

18 the Constitution) for a violation of this chapter or a regulation prescribed

19 or order issued under this chapter. However, the person—

20 (A) may bring the action only after 60 days after the person has

21 given notice of the violation to the Secretary of Transportation or to

22 the appropriate State authority (when the violation is alleged to have

23 occurred in a State certified under section 60105 of this title) and to

24 the person alleged to have committed the violation;

25 (B) may not bring the action if the Secretary or authority has begun

26 and diligently is pursuing an administrative proceeding for the viola27 tion; and

28 (C) may not bring the action if the Attorney General of the United

29 States, or the chief law enforcement officer of a State, has begun and

30 diligently is pursuing a judicial proceeding for the violation.

31 (2) The Secretary shall prescribe the way in which notice is given under

32 this subsection.

33 (3) The Secretary, with the approval of the Attorney General, or the At34 torney General may intervene in an action under paragraph (1) of this sub35 section.

36 (b) COSTS AND FEES.—The court may award costs, reasonable expert

37 witness fees, and a reasonable attorney’s fee to a prevailing plaintiff in a

38 civil action under this section. The court may award costs to a prevailing

39 defendant when the action is unreasonable, frivolous, or meritless. In this

40 subsection, a reasonable attorney’s fee is a fee—
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1 (1) based on the actual time spent and the reasonable expenses of

2 the attorney for legal services provided to a person under this section;

3 and

4 (2) computed at the rate prevailing for providing similar services for

5 actions brought in the court awarding the fee.

6 (c) STATE VIOLATIONS AS VIOLATIONS OF THIS CHAPTER.—In this sec7 tion, a violation of a safety standard or practice of a State is deemed to

8 be a violation of this chapter or a regulation prescribed or order issued

9 under this chapter only to the extent the standard or practice is not more

10 stringent than a comparable minimum safety standard prescribed under this

11 chapter.

12 (d) ADDITIONAL REMEDIES.—A remedy under this section is in addition

13 to any other remedies provided by law. This section does not restrict a right

14 to relief that a person or a class of persons may have under another law

15 or at common law.

16 § 60122. Civil penalties

17 (a) GENERAL PENALTIES.—(1) A person that the Secretary of Transpor18 tation decides, after written notice and an opportunity for a hearing, has

19 violated section 60114(c) or 60118(a) of this title or a regulation prescribed

20 or order issued under this chapter is liable to the United States Government

21 for a civil penalty of not more than $25,000 for each violation. A separate

22 violation occurs for each day the violation continues. The maximum civil

23 penalty under this paragraph for a related series of violations is $500,000.

24 (2) A person violating a standard or order under section 60103 or 60111

25 of this title is liable to the Government for a civil penalty of not more than

26 $50,000 for each violation. A penalty under this paragraph may be imposed

27 in addition to penalties imposed under paragraph (1) of this subsection.

28 (b) PENALTY CONSIDERATIONS.—In determining the amount of a civil

29 penalty under this section, the Secretary shall consider—

30 (1) the nature, circumstances, and gravity of the violation;

31 (2) with respect to the violator, the degree of culpability, any history

32 of prior violations, the ability to pay, and any effect on ability to con33 tinue doing business;

34 (3) good faith in attempting to comply; and

35 (4) other matters that justice requires.

36 (c) COLLECTION AND COMPROMISE.—(1) The Secretary may request the

37 Attorney General to bring a civil action in an appropriate district court of

38 the United States to collect a civil penalty imposed under this section.

39 (2) The Secretary may compromise the amount of a civil penalty imposed

40 under this section before referral to the Attorney General.
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1 (d) SETOFF.—The Government may deduct the amount of a civil penalty

2 imposed or compromised under this section from amounts it owes the person

3 liable for the penalty.

4 (e) DEPOSIT IN TREASURY.—Amounts collected under this section shall

5 be deposited in the Treasury as miscellaneous receipts.

6 (f) PROHIBITION ON MULTIPLE PENALTIES FOR SAME ACT.—Separate

7 penalties for violating a regulation prescribed under this chapter and for

8 violating an order under section 60112 or 60118(b) of this title may not

9 be imposed under this chapter if both violations are based on the same act.

10 § 60123. Criminal penalties

11 (a) GENERAL PENALTY.—A person knowingly and willfully violating sec12 tion 60114(c) or 60118(a) of this title or a regulation prescribed or order

13 issued under this chapter shall be fined under title 18, imprisoned for not

14 more than 5 years, or both.

15 (b) PENALTY FOR DAMAGING OR DESTROYING FACILITY.—A person

16 knowingly and willfully damaging or destroying, or attempting to damage

17 or destroy, an interstate transmission facility or interstate hazardous liquid

18 pipeline facility shall be fined under title 18, imprisoned for not more than

19 15 years, or both.

20 (c) PENALTY FOR DAMAGING OR DESTROYING SIGN.—A person know21 ingly and willfully defacing, damaging, removing, or destroying a pipeline

22 sign or right-of-way marker required by a law or regulation of the United

23 States shall be fined under title 18, imprisoned for not more than one year,

24 or both.

25 (d) PENALTY FOR NOT USING ONE-CALL NOTIFICATION SYSTEM OR

26 NOT HEEDING LOCATION INFORMATION OR MARKINGS.—A person shall be

27 fined under title 18, imprisoned for not more than 5 years, or both, if the

28 person knowingly and willfully—

29 (1) engages in an excavation activity—

30 (A) without first using an available one-call notification system

31 to establish the location of underground facilities in the excavation

32 area; or

33 (B) without paying attention to appropriate location information

34 or markings the operator of a pipeline facility establishes; and

35 (2) subsequently damages—

36 (A) a pipeline facility that results in death, serious bodily harm,

37 or actual damage to property of more than $50,000; or

38 (B) a hazardous liquid pipeline facility that results in the re39 lease of more than 50 barrels of product.
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1 § 60124. Annual reports

2 (a) SUBMISSION AND CONTENTS.—The Secretary of Transportation shall

3 submit to Congress not later than August 15 of each year a report on carry4 ing out this chapter for the prior calendar year for gas and a report on car5 rying out this chapter for the prior calendar year for hazardous liquid. Each

6 report shall include the following information about the prior year for gas

7 or hazardous liquid, as appropriate:

8 (1) a thorough compilation of the leak repairs, accidents, and casual9 ties and a statement of cause when investigated and established by the

10 National Transportation Safety Board.

11 (2) a list of applicable pipeline safety standards prescribed under this

12 chapter including identification of standards prescribed during the

13 year.

14 (3) a summary of the reasons for each waiver granted under section

15 60118 (c) and (d) of this title.

16 (4) an evaluation of the degree of compliance with applicable safety

17 standards, including a list of enforcement actions and compromises of

18 alleged violations by location and company name.

19 (5) a summary of outstanding problems in carrying out this chapter,

20 in order of priority.

21 (6) an analysis and evaluation of—

22 (A) research activities, including their policy implications, com23 pleted as a result of the United States Government and private

24 sponsorship; and

25 (B) technological progress in safety achieved.

26 (7) a list, with a brief statement of the issues, of completed or pend27 ing judicial actions under this chapter.

28 (8) the extent to which technical information was distributed to the

29 scientific community and consumer-oriented information was made

30 available to the public.

31 (9) a compilation of certifications filed under section 60105 of this

32 title that were—

33 (A) in effect; or

34 (B) rejected in any part by the Secretary and a summary of the

35 reasons for each rejection.

36 (10) a compilation of agreements made under section 60106 of this

37 title that were—

38 (A) in effect; or

39 (B) ended in any part by the Secretary and a summary of the

40 reasons for ending each agreement.
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1 (11) a description of the number and qualifications of State pipeline

2 safety inspectors in each State for which a certification under section

3 60105 of this title or an agreement under section 60106 of this title

4 is in effect and the number and qualifications of inspectors the Sec5 retary recommends for that State.

6 (12) recommendations for legislation the Secretary considers nec7 essary—

8 (A) to promote cooperation among the States in improving—

9 (i) gas pipeline safety; or

10 (ii) hazardous liquid pipeline safety programs; and

11 (B) to strengthen the national gas pipeline safety program.

12 (b) SUBMISSION OF ONE REPORT.—The Secretary may submit one report

13 to carry out subsection (a) of this section.

14 § 60125. Authorization of appropriations

15 (a) GAS.—Not more than the following amounts may be appropriated to

16 the Secretary of Transportation to carry out this chapter (except sections

17 60107 and 60114(b)) related to gas:

18 (1) $6,857,000 for the fiscal year ending September 30, 1993.

19 (2) $7,000,000 for the fiscal year ending September 30, 1994.

20 (3) $7,500,000 for the fiscal year ending September 30, 1995.

21 (b) HAZARDOUS LIQUID.—Not more than the following amounts may be

22 appropriated to the Secretary to carry out this chapter (except sections

23 60107 and 60114(b)) related to hazardous liquid:

24 (1) $1,728,500 for the fiscal year ending September 30, 1993.

25 (2) $1,866,800 for the fiscal year ending September 30, 1994.

26 (3) $2,000,000 for the fiscal year ending September 30, 1995.

27 (c) STATE GRANTS.—(1) Not more than the following amounts may be

28 appropriated to the Secretary to carry out section 60107 of this title:

29 (A) $7,750,000 for the fiscal year ending September 30, 1993.

30 (B) $9,000,000 for the fiscal year ending September 30, 1994.

31 (C) $10,000,000 for the fiscal year ending September 30, 1995.

32 (2) At least 5 percent of amounts appropriated to carry out United States

33 Government grants-in-aid programs for a fiscal year are available only to

34 carry out section 60107 of this title related to hazardous liquid.

35 (3) Not more than 20 percent of a pipeline safety program grant under

36 section 60107 of this title may be allocated to indirect expenses.

37 (d) GRANTS FOR ONE-CALL NOTIFICATION SYSTEMS.—Not more than

38 $lllll may be appropriated to the Secretary for the fiscal year end39 ing September 30, 19l, to carry out section 60114(b) of this title.

40 Amounts under this subsection remain available until expended.
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1 (e) CREDITING APPROPRIATIONS FOR EXPENDITURES FOR TRAINING.—

2 The Secretary may credit to an appropriation authorized under subsection

3 (a) or (b) of this section amounts received from sources other than the Gov4 ernment for reimbursement for expenses incurred by the Secretary in pro5 viding training.

6 (f) AVAILABILITY OF UNUSED AMOUNTS FOR GRANTS.—(1) The Sec7 retary shall make available for grants to States amounts appropriated for

8 each of the fiscal years that ended September 30, 1986, and 1987, that

9 have not been expended in making grants under section 60107 of this title.

10 (2) A grant under this subsection is available to a State that after De11 cember 31, 1987—

12 (A) undertakes a new responsibility under section 60105 of this title;

13 or

14 (B) implements a one-call damage prevention program established

15 under State law.

16 (3) This subsection does not authorize a State to receive more than 50

17 percent of its allowable pipeline safety costs from a grant under this chap18 ter.

19 (4) A State may receive not more than $75,000 under this subsection.

20 (5) Amounts under this subsection remain available until expended.

21 CHAPTER 603—USER FEES

Sec.

60301. User fees.

22 § 60301. User fees

23 (a) SCHEDULE OF FEES.—The Secretary of Transportation shall pre24 scribe a schedule of fees for all natural gas and hazardous liquids trans25 ported by pipelines subject to chapter 601 of this title. The fees shall be

26 based on usage (in reasonable relationship to volume-miles, miles, revenues,

27 or a combination of volume-miles, miles, and revenues) of the pipelines. The

28 Secretary shall consider the allocation of resources of the Department of

29 Transportation when establishing the schedule.

30 (b) IMPOSITION AND TIME OF COLLECTION.—A fee shall be imposed on

31 each person operating a gas pipeline transmission facility, a liquefied natu32 ral gas pipeline facility, or a hazardous liquid pipeline facility to which chap33 ter 601 of this title applies. The fee shall be collected before the end of the

34 fiscal year to which it applies.

35 (c) MEANS OF COLLECTION.—The Secretary shall prescribe procedures to

36 collect fees under this section. The Secretary may use a department, agency,

37 or instrumentality of the United States Government or of a State or local

38 government to collect the fee and may reimburse the department, agency,

39 or instrumentality a reasonable amount for its services.
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1 (d) USE OF FEES.—A fee collected under this section—

2 (1)(A) related to a gas pipeline facility may be used only for an ac3 tivity related to gas under chapter 601 of this title; and

4 (B) related to a hazardous liquid pipeline facility may be used only

5 for an activity related to hazardous liquid under chapter 601 of this

6 title; and

7 (2) may be used only to the extent provided in advance in an appro8 priation law.

9 (e) LIMITATIONS.—Fees prescribed under subsection (a) of this section

10 shall be sufficient to pay for the costs of activities described in subsection

11 (d) of this section. However, the total amount collected for a fiscal year may

12 not be more than 105 percent of the total amount of the appropriations

13 made for the fiscal year for activities to be financed by the fees.

14 CHAPTER 605—INTERSTATE COMMERCE REGULATION

Sec.

60501. Secretary of Energy.

60502. Federal Energy Regulatory Commission.

60503. Effect of enactment.

15 § 60501. Secretary of Energy

16 Except as provided in section 60502 of this title, the Secretary of Energy

17 has the duties and powers related to the transportation of oil by pipeline

18 that were vested on October 1, 1977, in the Interstate Commerce Commis19 sion or the chairman or a member of the Commission.

20 § 60502. Federal Energy Regulatory Commission

21 The Federal Energy Regulatory Commission has the duties and powers

22 related to the establishment of a rate or charge for the transportation of

23 oil by pipeline or the valuation of that pipeline that were vested on October

24 1, 1977, in the Interstate Commerce Commission or an officer or component

25 of the Interstate Commerce Commission.

26 § 60503. Effect of enactment

27 The enactment of the Act of October 17, 1978 (Public Law 95–473, 92

28 Stat. 1337), the Act of January 12, 1983 (Public Law 97–449, 96 Stat.

29 2413), and the Act enacting this section does not repeal, and has no sub30 stantive effect on, any right, obligation, liability, or remedy of an oil pipe31 line, including a right, obligation, liability, or remedy arising under the

32 Interstate Commerce Act or the Act of August 29, 1916 (known as the

33 Pomerene Bills of Lading Act), before any department, agency, or instru34 mentality of the United States Government, an officer or employee of the

35 Government, or a court of competent jurisdiction.

36 SUBTITLE IX—COMMERCIAL SPACE

37 TRANSPORTATION

CHAPTER Sec.
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701. COMMERCIAL SPACE LAUNCH ACTIVITIES ......................................... 70101

703. SPACE TRANSPORTATION INFRASTRUCTURE MATCHING

GRANTS.

70301

1 CHAPTER 701—COMMERCIAL SPACE LAUNCH

2 ACTIVITIES

Sec.

70101. Findings and purposes.

70102. Definitions.

70103. General authority.

70104. Restrictions on launches and operations.

70105. License applications and requirements.

70106. Monitoring activities.

70107. Effective periods, and modifications, suspensions, and revocations, of licenses.

70108. Prohibition, suspension, and end of launches and operation of launch sites.

70109. Preemption of scheduled launches.

70110. Administrative hearings and judicial review.

70111. Acquiring United States Government property and services.

70112. Liability insurance and financial responsibility requirements.

70113. Paying claims exceeding liability insurance and financial responsibility requirements.

70114. Disclosing information.

70115. Enforcement and penalty.

70116. Consultation.

70117. Relationship to other executive agencies, laws, and international obligations.

70118. User fees.

70119. Authorization of appropriations.

3 § 70101. Findings and purposes

4 (a) FINDINGS.—Congress finds that—

5 (1) the peaceful uses of outer space continue to be of great value

6 and to offer benefits to all mankind;

7 (2) private applications of space technology have achieved a signifi8 cant level of commercial and economic activity and offer the potential

9 for growth in the future, particularly in the United States;

10 (3) new and innovative equipment and services are being sought,

11 produced, and offered by entrepreneurs in telecommunications, infor12 mation services, and remote sensing technologies;

13 (4) the private sector in the United States has the capability of de14 veloping and providing private satellite launching and associated serv15 ices that would complement the launching and associated services now

16 available from the United States Government;

17 (5) the development of commercial launch vehicles and associated

18 services would enable the United States to retain its competitive posi19 tion internationally, contributing to the national interest and economic

20 well-being of the United States;

21 (6) providing launch services by the private sector is consistent with

22 the national security and foreign policy interests of the United States

23 and would be facilitated by stable, minimal, and appropriate regulatory

24 guidelines that are fairly and expeditiously applied;

25 (7) the United States should encourage private sector launches and

26 associated services and, only to the extent necessary, regulate those
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1 launches and services to ensure compliance with international obliga2 tions of the United States and to protect the public health and safety,

3 safety of property, and national security and foreign policy interests of

4 the United States;

5 (8) space transportation, including the establishment and operation

6 of launch sites and complementary facilities, the providing of launch

7 services, the establishment of support facilities, and the providing of

8 support services, is an important element of the transportation system

9 of the United States, and in connection with the commerce of the Unit10 ed States there is a need to develop a strong space transportation in11 frastructure with significant private sector involvement; and

12 (9) the participation of State governments in encouraging and facili13 tating private sector involvement in space-related activity, particularly

14 through the establishment of a space transportation-related infrastruc15 ture, including launch sites, complementary facilities, and launch site

16 support facilities, is in the national interest and is of significant public

17 benefit.

18 (b) PURPOSES.—The purposes of this chapter are—

19 (1) to promote economic growth and entrepreneurial activity through

20 use of the space environment for peaceful purposes;

21 (2) to encourage the United States private sector to provide launch

22 vehicles and associated services by—

23 (A) simplifying and expediting the issuance and transfer of com24 mercial launch licenses; and

25 (B) facilitating and encouraging the use of Government-devel26 oped space technology;

27 (3) to provide that the Secretary of Transportation is to oversee and

28 coordinate the conduct of commercial launch operations, issue and

29 transfer commercial launch licenses authorizing those operations, and

30 protect the public health and safety, safety of property, and national

31 security and foreign policy interests of the United States; and

32 (4) to facilitate the strengthening and expansion of the United

33 States space transportation infrastructure, including the enhancement

34 of United States launch sites and launch-site support facilities, with

35 Government, State, and private sector involvement, to support the full

36 range of United States space-related activities.

37 § 70102. Definitions

38 In this chapter—

39 (1) ‘‘citizen of the United States’’ means—

40 (A) an individual who is a citizen of the United States;
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1 (B) an entity organized or existing under the laws of the United

2 States or a State; or

3 (C) an entity organized or existing under the laws of a foreign

4 country if the controlling interest (as defined by the Secretary of

5 Transportation) is held by an individual or entity described in

6 subclause (A) or (B) of this clause.

7 (2) ‘‘executive agency’’ has the same meaning given that term in sec8 tion 105 of title 5.

9 (3) ‘‘launch’’ means to place or try to place a launch vehicle and any

10 payload—

11 (A) in a suborbital trajectory;

12 (B) in Earth orbit in outer space; or

13 (C) otherwise in outer space.

14 (4) ‘‘launch property’’ means an item built for, or used in, the

15 launch preparation or launch of a launch vehicle.

16 (5) ‘‘launch services’’ means—

17 (A) activities involved in the preparation of a launch vehicle and

18 payload for launch; and

19 (B) the conduct of a launch.

20 (6) ‘‘launch site’’ means the location on Earth from which a launch

21 takes place (as defined in a license the Secretary issues or transfers

22 under this chapter) and necessary facilities.

23 (7) ‘‘launch vehicle’’ means—

24 (A) a vehicle built to operate in, or place a payload in, outer

25 space; and

26 (B) a suborbital rocket.

27 (8) ‘‘payload’’ means an object that a person undertakes to place in

28 outer space by means of a launch vehicle, including components of the

29 vehicle specifically designed or adapted for that object.

30 (9) ‘‘person’’ means an individual and an entity organized or existing

31 under the laws of a State or country.

32 (10) ‘‘State’’ means a State of the United States, the District of Co33 lumbia, and a territory or possession of the United States.

34 (11) ‘‘third party’’ means a person except—

35 (A) the United States Government or the Government’s contrac36 tors or subcontractors involved in launch services;

37 (B) a licensee or transferee under this chapter;

38 (C) a licensee’s or transferee’s contractors, subcontractors, or

39 customers involved in launch services; or

40 (D) the customer’s contractors or subcontractors involved in

41 launch services.
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1 (12) ‘‘United States’’ means the States of the United States, the

2 District of Columbia, and the territories and possessions of the United

3 States.

4 § 70103. General authority

5 (a) GENERAL.—The Secretary of Transportation shall carry out this

6 chapter.

7 (b) FACILITATING COMMERCIAL LAUNCHES.—In carrying out this chap8 ter, the Secretary shall—

9 (1) encourage, facilitate, and promote commercial space launches by

10 the private sector; and

11 (2) take actions to facilitate private sector involvement in commercial

12 space transportation activity, and to promote public-private partner13 ships involving the United States Government, State governments, and

14 the private sector to build, expand, modernize, or operate a space

15 launch infrastructure.

16 (c) EXECUTIVE AGENCY ASSISTANCE.—When necessary, the head of an

17 executive agency shall assist the Secretary in carrying out this chapter.

18 § 70104. Restrictions on launches and operations

19 (a) LICENSE REQUIREMENT.—A license issued or transferred under this

20 chapter is required for the following:

21 (1) for a person to launch a launch vehicle or to operate a launch

22 site in the United States.

23 (2) for a citizen of the United States (as defined in section

24 70102(1)(A) or (B) of this title) to launch a launch vehicle or to oper25 ate a launch site outside the United States.

26 (3) for a citizen of the United States (as defined in section

27 70102(1)(C) of this title) to launch a launch vehicle or to operate a

28 launch site outside the United States and outside the territory of a for29 eign country unless there is an agreement between the United States

30 Government and the government of the foreign country providing that

31 the government of the foreign country has jurisdiction over the launch

32 or operation.

33 (4) for a citizen of the United States (as defined in section

34 70102(1)(C) of this title) to launch a launch vehicle or to operate a

35 launch site in the territory of a foreign country if there is an agreement

36 between the United States Government and the government of the for37 eign country providing that the United States Government has jurisdic38 tion over the launch or operation.

39 (b) COMPLIANCE WITH PAYLOAD REQUIREMENTS.—The holder of a

40 launch license under this chapter may launch a payload only if the payload
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1 complies with all requirements of the laws of the United States related to

2 launching a payload.

3 (c) PREVENTING LAUNCHES.—The Secretary of Transportation shall es4 tablish whether all required licenses, authorizations, and permits required

5 for a payload have been obtained. If no license, authorization, or permit is

6 required, the Secretary may prevent the launch if the Secretary decides the

7 launch would jeopardize the public health and safety, safety of property, or

8 national security or foreign policy interest of the United States.

9 § 70105. License applications and requirements

10 (a) APPLICATIONS.—A person may apply to the Secretary of Transpor11 tation for a license or transfer of a license under this chapter in the form

12 and way the Secretary prescribes. Consistent with the public health and

13 safety, safety of property, and national security and foreign policy interests

14 of the United States, the Secretary, not later than 180 days after receiving

15 an application, shall issue or transfer a license if the Secretary decides in

16 writing that the applicant complies, and will continue to comply, with this

17 chapter and regulations prescribed under this chapter. The Secretary shall

18 inform the applicant of any pending issue and action required to resolve the

19 issue if the Secretary has not made a decision not later than 120 days after

20 receiving an application.

21 (b) REQUIREMENTS.—(1) Except as provided in this subsection, all re22 quirements of the laws of the United States applicable to the launch of a

23 launch vehicle or the operation of a launch site are requirements for a li24 cense under this chapter.

25 (2) The Secretary may prescribe—

26 (A) any term necessary to ensure compliance with this chapter, in27 cluding on-site verification that a launch or operation complies with

28 representations stated in the application;

29 (B) an additional requirement necessary to protect the public health

30 and safety, safety of property, national security interests, and foreign

31 policy interests of the United States; and

32 (C) by regulation that a requirement of a law of the United States

33 not be a requirement for a license if the Secretary, after consulting

34 with the head of the appropriate executive agency, decides that the re35 quirement is not necessary to protect the public health and safety, safe36 ty of property, and national security and foreign policy interests of the

37 United States.

38 (3) The Secretary may waive a requirement for an individual applicant

39 if the Secretary decides that the waiver is in the public interest and will

40 not jeopardize the public health and safety, safety of property, and national

41 security and foreign policy interests of the United States.
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1 (c) PROCEDURES AND TIMETABLES.—The Secretary shall establish pro2 cedures and timetables that expedite review of a license application and re3 duce the regulatory burden for an applicant.

4 § 70106. Monitoring activities

5 (a) GENERAL REQUIREMENTS.—A licensee under this chapter must allow

6 the Secretary of Transportation to place an officer or employee of the Unit7 ed States Government or another individual as an observer at a launch site

8 the licensee uses, at a production facility or assembly site a contractor of

9 the licensee uses to produce or assemble a launch vehicle, or at a site at

10 which a payload is integrated with a launch vehicle. The observer will mon11 itor the activity of the licensee or contractor at the time and to the extent

12 the Secretary considers reasonable to ensure compliance with the license or

13 to carry out the duties of the Secretary under section 70104(c) of this title.

14 A licensee must cooperate with an observer carrying out this subsection.

15 (b) CONTRACTS.—To the extent provided in advance in an appropriation

16 law, the Secretary may make a contract with a person to carry out sub17 section (a) of this section.

18 § 70107. Effective periods, and modifications, suspensions,

19 and revocations, of licenses

20 (a) EFFECTIVE PERIODS OF LICENSES.—The Secretary of Transpor21 tation shall specify the period for which a license issued or transferred

22 under this chapter is in effect.

23 (b) MODIFICATIONS.—On the initiative of the Secretary or on application

24 of the licensee, the Secretary may modify a license issued or transferred

25 under this chapter if the Secretary decides the modification will comply with

26 this chapter.

27 (c) SUSPENSIONS AND REVOCATIONS.—The Secretary may suspend or re28 voke a license if the Secretary decides that—

29 (1) the licensee has not complied substantially with a requirement of

30 this chapter or a regulation prescribed under this chapter; or

31 (2) the suspension or revocation is necessary to protect the public

32 health and safety, the safety of property, or a national security or for33 eign policy interest of the United States.

34 (d) EFFECTIVE PERIODS OF MODIFICATIONS, SUSPENSIONS, AND REV35 OCATIONS.—Unless the Secretary specifies otherwise, a modification, sus36 pension, or revocation under this section takes effect immediately and re37 mains in effect during a review under section 70110 of this title.

38 (e) NOTIFICATION.—The Secretary shall notify the licensee in writing of

39 the decision of the Secretary under this section and any action the Secretary

40 takes or proposes to take based on the decision.
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1 § 70108. Prohibition, suspension, and end of launches and

2 operation of launch sites

3 (a) GENERAL AUTHORITY.—The Secretary of Transportation may pro4 hibit, suspend, or end immediately the launch of a launch vehicle or the op5 eration of a launch site licensed under this chapter if the Secretary decides

6 the launch or operation is detrimental to the public health and safety, the

7 safety of property, or a national security or foreign policy interest of the

8 United States.

9 (b) EFFECTIVE PERIODS OF ORDERS.—An order under this section takes

10 effect immediately and remains in effect during a review under section

11 70110 of this title.

12 § 70109. Preemption of scheduled launches

13 (a) GENERAL.—With the cooperation of the Secretary of Defense and the

14 Administrator of the National Aeronautics and Space Administration, the

15 Secretary of Transportation shall act to ensure that a launch of a payload

16 is not preempted from access to a United States Government launch site

17 or launch property, except for imperative national need, when a launch date

18 commitment from the Government has been obtained for a launch licensed

19 under this chapter. A licensee or transferee preempted from access to a

20 launch site or launch property does not have to pay the Government any

21 amount for launch services attributable only to the scheduled launch pre22 vented by the preemption.

23 (b) IMPERATIVE NATIONAL NEED DECISIONS.—In consultation with the

24 Secretary of Transportation, the Secretary of Defense or the Administrator

25 shall decide when an imperative national need requires preemption under

26 subsection (a) of this section. That decision may not be delegated.

27 (c) REPORTS.—In cooperation with the Secretary of Transportation, the

28 Secretary of Defense or the Administrator, as appropriate, shall submit to

29 Congress not later than 7 days after a decision to preempt under subsection

30 (a) of this section, a report that includes an explanation of the cir31 cumstances justifying the decision and a schedule for ensuring the prompt

32 launching of a preempted payload.

33 § 70110. Administrative hearings and judicial review

34 (a) ADMINISTRATIVE HEARINGS.—The Secretary of Transportation shall

35 provide an opportunity for a hearing on the record to—

36 (1) an applicant under this chapter, for a decision of the Secretary

37 under section 70105(a) of this title to issue or transfer a license with

38 terms or deny the issuance or transfer of a license;

39 (2) an owner or operator of a payload under this chapter, for a deci40 sion of the Secretary under section 70104(c) of this title to prevent the

41 launch of the payload; and
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1 (3) a licensee under this chapter, for a decision of the Secretary

2 under—

3 (A) section 70107(b) or (c) of this title to modify, suspend, or

4 revoke a license; or

5 (B) section 70108(a) of this title to prohibit, suspend, or end

6 a launch or operation of a launch site licensed by the Secretary.

7 (b) JUDICIAL REVIEW.—A final action of the Secretary under this chap8 ter is subject to judicial review as provided in chapter 7 of title 5.

9 § 70111. Acquiring United States Government property and

10 services

11 (a) GENERAL REQUIREMENTS AND CONSIDERATIONS.—(1) The Secretary

12 of Transportation shall facilitate and encourage the acquisition by the pri13 vate sector and State governments of—

14 (A) launch property of the United States Government that is excess

15 or otherwise is not needed for public use; and

16 (B) launch services, including utilities, of the Government otherwise

17 not needed for public use.

18 (2) In acting under paragraph (1) of this subsection, the Secretary shall

19 consider the commercial availability on reasonable terms of substantially

20 equivalent launch property or launch services from a domestic source.

21 (b) PRICE.—(1) In this subsection, ‘‘direct costs’’ means the actual costs

22 that—

23 (A) can be associated unambiguously with a commercial launch ef24 fort; and

25 (B) the Government would not incur if there were no commercial

26 launch effort.

27 (2) In consultation with the Secretary, the head of the executive agency

28 providing the property or service under subsection (a) of this section shall

29 establish the price for the property or service. The price for—

30 (A) acquiring launch property by sale or transaction instead of sale

31 is the fair market value;

32 (B) acquiring launch property (except by sale or transaction instead

33 of sale) is an amount equal to the direct costs, including specific wear

34 and tear and property damage, the Government incurred because of ac35 quisition of the property; and

36 (C) launch services is an amount equal to the direct costs, including

37 the basic pay of Government civilian and contractor personnel, the Gov38 ernment incurred because of acquisition of the services.

39 (c) COLLECTION BY SECRETARY.—The Secretary may collect a payment

40 under this section with the consent of the head of the executive agency es41 tablishing the price. Amounts collected under this subsection shall be depos-
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1 ited in the Treasury. Amounts (except for excess launch property) shall be

2 credited to the appropriation from which the cost of providing the property

3 or services was paid.

4 (d) COLLECTION BY OTHER GOVERNMENTAL HEADS.—The head of a de5 partment, agency, or instrumentality of the Government may collect a pay6 ment for an activity involved in producing a launch vehicle or its payload

7 for launch if the activity was agreed to by the owner or manufacturer of

8 the launch vehicle or payload.

9 § 70112. Liability insurance and financial responsibility re10 quirements

11 (a) GENERAL REQUIREMENTS.—(1) When a license is issued or trans12 ferred under this chapter, the licensee or transferee shall obtain liability in13 surance or demonstrate financial responsibility in amounts to compensate

14 for the maximum probable loss from claims by—

15 (A) a third party for death, bodily injury, or property damage or loss

16 resulting from an activity carried out under the license; and

17 (B) the United States Government against a person for damage or

18 loss to Government property resulting from an activity carried out

19 under the license.

20 (2) The Secretary of Transportation shall determine the amounts re21 quired under paragraph (1)(A) and (B) of this subsection, after consulting

22 with the Administrator of the National Aeronautics and Space Administra23 tion, the Secretary of the Air Force, and the heads of other appropriate ex24 ecutive agencies.

25 (3) For the total claims related to one launch, a licensee or transferee

26 is not required to obtain insurance or demonstrate financial responsibility

27 of more than—

28 (A)(i) $500,000,000 under paragraph (1)(A) of this subsection; or

29 (ii) $100,000,000 under paragraph (1)(B) of this subsection; or

30 (B) the maximum liability insurance available on the world market

31 at reasonable cost if the amount is less than the applicable amount in

32 clause (A) of this paragraph.

33 (4) An insurance policy or demonstration of financial responsibility under

34 this subsection shall protect the following, to the extent of their potential

35 liability for involvement in launch services, at no cost to the Government:

36 (A) the Government.

37 (B) executive agencies and personnel, contractors, and subcontrac38 tors of the Government.

39 (C) contractors, subcontractors, and customers of the licensee or

40 transferee.

41 (D) contractors and subcontractors of the customer.
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1 (b) RECIPROCAL WAIVER OF CLAIMS.—(1) A license issued or transferred

2 under this chapter shall contain a provision requiring the licensee or trans3 feree to make a reciprocal waiver of claims with its contractors, subcontrac4 tors, and customers, and contractors and subcontractors of the customers,

5 involved in launch services under which each party to the waiver agrees to

6 be responsible for property damage or loss it sustains, or for personal injury

7 to, death of, or property damage or loss sustained by its own employees re8 sulting from an activity carried out under the license.

9 (2) The Secretary of Transportation shall make, for the Government, ex10 ecutive agencies of the Government involved in launch services, and contrac11 tors and subcontractors involved in launch services, a reciprocal waiver of

12 claims with the licensee or transferee, contractors, subcontractors, and cus13 tomers of the licensee or transferee, and contractors and subcontractors of

14 the customers, involved in launch services under which each party to the

15 waiver agrees to be responsible for property damage or loss it sustains, or

16 for personal injury to, death of, or property damage or loss sustained by

17 its own employees resulting from an activity carried out under the license.

18 The waiver applies only to the extent that claims are more than the amount

19 of insurance or demonstration of financial responsibility required under sub20 section (a)(1)(B) of this section. After consulting with the Administrator

21 and the Secretary of the Air Force, the Secretary of Transportation may

22 waive, for the Government and a department, agency, and instrumentality

23 of the Government, the right to recover damages for damage or loss to Gov24 ernment property to the extent insurance is not available because of a policy

25 exclusion the Secretary of Transportation decides is usual for the type of

26 insurance involved.

27 (c) DETERMINATION OF MAXIMUM PROBABLE LOSSES.—The Secretary

28 of Transportation shall determine the maximum probable losses under sub29 section (a)(1)(A) and (B) of this section associated with an activity under

30 a license not later than 90 days after a licensee or transferee requires a

31 determination and submits all information the Secretary requires. The Sec32 retary shall amend the determination as warranted by new information.

33 (d) ANNUAL REPORT.—(1) Not later than November 15 of each year, the

34 Secretary of Transportation shall submit to the Committee on Commerce,

35 Science, and Transportation of the Senate and the Committee on Science,

36 Space, and Technology of the House of Representatives a report on current

37 determinations made under subsection (c) of this section related to all is38 sued licenses and the reasons for the determinations.

39 (2) Not later than May 15 of each year, the Secretary of Transportation

40 shall review the amounts specified in subsection (a)(3)(A) of this section

41 and submit a report to Congress that contains proposed adjustments in the
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1 amounts to conform with changed liability expectations and availability of

2 insurance on the world market. The proposed adjustment takes effect 30

3 days after a report is submitted.

4 (e) LAUNCHES INVOLVING GOVERNMENT FACILITIES AND PERSON5 NEL.—The Secretary of Transportation shall establish requirements consist6 ent with this chapter for proof of financial responsibility and other assur7 ances necessary to protect the Government and its executive agencies and

8 personnel from liability, death, bodily injury, or property damage or loss as

9 a result of a launch or operation of a launch site involving a facility or per10 sonnel of the Government. The Secretary may not relieve the Government

11 of liability under this subsection for death, bodily injury, or property dam12 age or loss resulting from the willful misconduct of the Government or its

13 agents.

14 (f) COLLECTION AND CREDITING PAYMENTS.—The head of a depart15 ment, agency, or instrumentality of the Government shall collect a payment

16 owed for damage or loss to Government property under its jurisdiction or

17 control resulting from an activity carried out under a license issued or

18 transferred under this chapter. The payment shall be credited to the current

19 applicable appropriation, fund, or account of the department, agency, or in20 strumentality.

21 § 70113. Paying claims exceeding liability insurance and fi22 nancial responsibility requirements

23 (a) GENERAL REQUIREMENTS.—(1) To the extent provided in advance in

24 an appropriation law or to the extent additional legislative authority is en25 acted providing for paying claims in a compensation plan submitted under

26 subsection (d) of this section, the Secretary of Transportation shall provide

27 for the payment by the United States Government of a successful claim (in28 cluding reasonable litigation or settlement expenses) of a third party against

29 a licensee or transferee under this chapter, a contractor, subcontractor, or

30 customer of the licensee or transferee, or a contractor or subcontractor of

31 a customer, resulting from an activity carried out under the license issued

32 or transferred under this chapter for death, bodily injury, or property dam33 age or loss resulting from an activity carried out under the license. How34 ever, claims may be paid under this section only to the extent the total

35 amount of successful claims related to one launch—

36 (A) is more than the amount of insurance or demonstration of finan37 cial responsibility required under section 70112(a)(1)(A) of this title;

38 and

39 (B) is not more than $1,500,000,000 (plus additional amounts nec40 essary to reflect inflation occurring after January 1, 1989) above that

41 insurance or financial responsibility amount.
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1 (2) The Secretary may not provide for paying a part of a claim for which

2 death, bodily injury, or property damage or loss results from willful mis3 conduct by the licensee or transferee. To the extent insurance required

4 under section 70112(a)(1)(A) of this title is not available to cover a success5 ful third party liability claim because of an insurance policy exclusion the

6 Secretary decides is usual for the type of insurance involved, the Secretary

7 may provide for paying the excluded claims without regard to the limitation

8 contained in section 70112(a)(1).

9 (b) NOTICE, PARTICIPATION, AND APPROVAL.—Before a payment under

10 subsection (a) of this section is made—

11 (1) notice must be given to the Government of a claim, or a civil

12 action related to the claim, against a party described in subsection

13 (a)(1) of this section for death, bodily injury, or property damage or

14 loss;

15 (2) the Government must be given an opportunity to participate or

16 assist in the defense of the claim or action; and

17 (3) the Secretary must approve any part of a settlement to be paid

18 out of appropriations of the Government.

19 (c) WITHHOLDING PAYMENTS.—The Secretary may withhold a payment

20 under subsection (a) of this section if the Secretary certifies that the

21 amount is not reasonable. However, the Secretary shall deem to be reason22 able the amount of a claim finally decided by a court of competent jurisdic23 tion.

24 (d) SURVEYS, REPORTS, AND COMPENSATION PLANS.—(1) If as a result

25 of an activity carried out under a license issued or transferred under this

26 chapter the total of claims related to one launch is likely to be more than

27 the amount of required insurance or demonstration of financial responsibil28 ity, the Secretary shall—

29 (A) survey the causes and extent of damage; and

30 (B) submit expeditiously to Congress a report on the results of the

31 survey.

32 (2) Not later than 90 days after a court determination indicates that the

33 liability for the total of claims related to one launch may be more than the

34 required amount of insurance or demonstration of financial responsibility,

35 the President, on the recommendation of the Secretary, shall submit to Con36 gress a compensation plan that—

37 (A) outlines the total dollar value of the claims;

38 (B) recommends sources of amounts to pay for the claims;

39 (C) includes legislative language required to carry out the plan if ad40 ditional legislative authority is required; and
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1 (D) for a single event or incident, may not be for more than

2 $1,500,000,000.

3 (3) A compensation plan submitted to Congress under paragraph (2) of

4 this subsection shall—

5 (A) have an identification number; and

6 (B) be submitted to the Senate and the House of Representatives

7 on the same day and when the Senate and House are in session.

8 (e) CONGRESSIONAL RESOLUTIONS.—(1) In this subsection, ‘‘resolu9 tion’’—

10 (A) means a joint resolution of Congress the matter after the resolv11 ing clause of which is as follows: ‘‘That the Congress approves the com12 pensation plan numbered lllll submitted to the Congress on

13 lllll ll, l9ll.’’, with the blank spaces being filled appro14 priately; but

15 (B) does not include a resolution that includes more than one com16 pensation plan.

17 (2) The Senate shall consider under this subsection a compensation plan

18 requiring additional appropriations or legislative authority not later than 60

19 calendar days of continuous session of Congress after the date on which the

20 plan is submitted to Congress.

21 (3) A resolution introduced in the Senate shall be referred immediately

22 to a committee by the President of the Senate. All resolutions related to

23 the same plan shall be referred to the same committee.

24 (4)(A) If the committee of the Senate to which a resolution has been re25 ferred does not report the resolution within 20 calendar days after it is re26 ferred, a motion is in order to discharge the committee from further consid27 eration of the resolution or to discharge the committee from further consid28 eration of the plan.

29 (B) A motion to discharge may be made only by an individual favoring

30 the resolution and is highly privileged (except that the motion may not be

31 made after the committee has reported a resolution on the plan). Debate

32 on the motion is limited to one hour, to be divided equally between those

33 favoring and those opposing the resolution. An amendment to the motion

34 is not in order. A motion to reconsider the vote by which the motion is

35 agreed to or disagreed to is not in order.

36 (C) If the motion to discharge is agreed to or disagreed to, the motion

37 may not be renewed and another motion to discharge the committee from

38 another resolution on the same plan may not be made.

39 (5)(A) After a committee of the Senate reports, or is discharged from fur40 ther consideration of, a resolution, a motion to proceed to the consideration

41 of the resolution is in order at any time, even though a similar previous mo-
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1 tion has been disagreed to. The motion is highly privileged and is not debat2 able. An amendment to the motion is not in order. A motion to reconsider

3 the vote by which the motion is agreed to or disagreed to is not in order.

4 (B) Debate on the resolution referred to in subparagraph (A) of this

5 paragraph is limited to not more than 10 hours, to be divided equally be6 tween those favoring and those opposing the resolution. A motion further

7 to limit debate is not debatable. An amendment to, or motion to recommit,

8 the resolution is not in order. A motion to reconsider the vote by which the

9 resolution is agreed to or disagreed to is not in order.

10 (6) The following shall be decided in the Senate without debate:

11 (A) a motion to postpone related to the discharge from committee.

12 (B) a motion to postpone consideration of a resolution.

13 (C) a motion to proceed to the consideration of other business.

14 (D) an appeal from a decision of the chair related to the application

15 of the rules of the Senate to the procedures related to resolution.

16 (f) APPLICATION.—This section applies to a license issued or transferred

17 under this chapter for which the Secretary receives a complete and valid ap18 plication not later than December 31, 1999.

19 § 70114. Disclosing information

20 The Secretary of Transportation, an officer or employee of the United

21 States Government, or a person making a contract with the Secretary under

22 section 70106(b) of this title may disclose information under this chapter

23 that qualifies for an exemption under section 552(b)(4) of title 5 or is des24 ignated as confidential by the person or head of the executive agency provid25 ing the information only if the Secretary decides withholding the informa26 tion is contrary to the public or national interest.

27 § 70115. Enforcement and penalty

28 (a) PROHIBITIONS.—A person may not violate this chapter, a regulation

29 prescribed under this chapter, or any term of a license issued or transferred

30 under this chapter.

31 (b) GENERAL AUTHORITY.—(1) In carrying out this chapter, the Sec32 retary of Transportation may—

33 (A) conduct investigations and inquiries;

34 (B) administer oaths;

35 (C) take affidavits; and

36 (D) under lawful process—

37 (i) enter at a reasonable time a launch site, production facility,

38 assembly site of a launch vehicle, or site at which a payload is in39 tegrated with a launch vehicle to inspect an object to which this

40 chapter applies or a record or report the Secretary requires be

41 made or kept under this chapter; and
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1 (ii) seize the object, record, or report when there is probable

2 cause to believe the object, record, or report was used, is being

3 used, or likely will be used in violation of this chapter.

4 (2) The Secretary may delegate a duty or power under this chapter relat5 ed to enforcement to an officer or employee of another executive agency with

6 the consent of the head of the agency.

7 (c) CIVIL PENALTY.—(1) After notice and an opportunity for a hearing

8 on the record, a person the Secretary finds to have violated subsection (a)

9 of this section is liable to the United States Government for a civil penalty

10 of not more than $100,000. A separate violation occurs for each day the

11 violation continues.

12 (2) In conducting a hearing under paragraph (1) of this subsection, the

13 Secretary may—

14 (A) subpena witnesses and records; and

15 (B) enforce a subpena in an appropriate district court of the United

16 States.

17 (3) The Secretary shall impose the civil penalty by written notice. The

18 Secretary may compromise or remit a penalty imposed, or that may be im19 posed, under this section.

20 (4) The Secretary shall recover a civil penalty not paid after the penalty

21 is final or after a court enters a final judgment for the Secretary.

22 § 70116. Consultation

23 (a) MATTERS AFFECTING NATIONAL SECURITY.—The Secretary of

24 Transportation shall consult with the Secretary of Defense on a matter

25 under this chapter affecting national security. The Secretary of Defense

26 shall identify and notify the Secretary of Transportation of a national secu27 rity interest relevant to an activity under this chapter.

28 (b) MATTERS AFFECTING FOREIGN POLICY.—The Secretary of Trans29 portation shall consult with the Secretary of State on a matter under this

30 chapter affecting foreign policy. The Secretary of State shall identify and

31 notify the Secretary of Transportation of a foreign policy interest or obliga32 tion relevant to an activity under this chapter.

33 (c) OTHER MATTERS.—In carrying out this chapter, the Secretary of

34 Transportation shall consult with the head of another executive agency—

35 (1) to provide consistent application of licensing requirements under

36 this chapter;

37 (2) to ensure fair treatment for all license applicants; and

38 (3) when appropriate.
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1 § 70117. Relationship to other executive agencies, laws, and

2 international obligations

3 (a) EXECUTIVE AGENCIES.—Except as provided in this chapter, a person

4 is not required to obtain from an executive agency a license, approval, waiv5 er, or exemption to launch a launch vehicle or operate a launch site.

6 (b) FEDERAL COMMUNICATIONS COMMISSION AND SECRETARY OF COM7 MERCE.—This chapter does not affect the authority of—

8 (1) the Federal Communications Commission under the Communica9 tions Act of 1934 (47 U.S.C. 151 et seq.); or

10 (2) the Secretary of Commerce under the Land Remote-Sensing

11 Commercialization Act of 1984 (15 U.S.C. 4201 et seq.).

12 (c) STATES AND POLITICAL SUBDIVISIONS.—A State or political subdivi13 sion of a State—

14 (1) may not adopt or have in effect a law, regulation, standard, or

15 order inconsistent with this chapter; but

16 (2) may adopt or have in effect a law, regulation, standard, or order

17 consistent with this chapter that is in addition to or more stringent

18 than a requirement of, or regulation prescribed under, this chapter.

19 (d) CONSULTATION.—The Secretary of Transportation is encouraged to

20 consult with a State to simplify and expedite the approval of a space launch

21 activity.

22 (e) FOREIGN COUNTRIES.—The Secretary of Transportation shall—

23 (1) carry out this chapter consistent with an obligation the United

24 States Government assumes in a treaty, convention, or agreement in

25 force between the Government and the government of a foreign coun26 try; and

27 (2) consider applicable laws and requirements of a foreign country

28 when carrying out this chapter.

29 (f) LAUNCH NOT AN EXPORT.—A launch vehicle or payload that is

30 launched is not, because of the launch, an export for purposes of a law con31 trolling exports.

32 (g) NONAPPLICATION.—This chapter does not apply to—

33 (1) a launch, operation of a launch vehicle or launch site, or other

34 space activity the Government carries out for the Government; or

35 (2) planning or policies related to the launch, operation, or activity.

36 § 70118. User fees

37 The Secretary of Transportation may collect a user fee for a regulatory

38 or other service conducted under this chapter only if specifically authorized

39 by this chapter.
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1 § 70119. Authorization of appropriations

2 The following amounts may be appropriated to the Secretary of Transpor3 tation for the fiscal year ending September 30, 1993:

4 (1) $4,900,000 to carry out this chapter.

5 (2) $20,000,000 for a program to ensure the resiliency of the space

6 launch infrastructure of the United States if a law is enacted to estab7 lish that program in the Department of Transportation.

8 CHAPTER 703—SPACE TRANSPORTATION

9 INFRASTRUCTURE MATCHING GRANTS

Sec.

70301. Definitions.

70302. Grant authority.

70303. Grant applications.

70304. Environmental requirements.

70305. Authorization of appropriations.

10 § 70301. Definitions

11 In this chapter—

12 (1) the definitions in section 502 of the National Aeronautics and

13 Space Administration Authorization Act, Fiscal Year 1993 (15 U.S.C.

14 5802) apply.

15 (2) ‘‘commercial space transportation infrastructure development’’

16 includes—

17 (A) construction, improvement, design, and engineering of space

18 transportation infrastructure in the United States; and

19 (B) technical studies to define how new or enhanced space

20 transportation infrastructure can best meet the needs of the Unit21 ed States commercial space transportation industry.

22 (3) ‘‘project’’ means a project (or separate projects submitted to23 gether) to carry out commercial space transportation infrastructure de24 velopment, including the combined submission of all projects to be un25 dertaken at a particular site in a fiscal year.

26 (4) ‘‘project grant’’ means a grant of an amount by the Secretary

27 of Transportation to a sponsor for one or more projects.

28 (5) ‘‘public agency’’ means a State or an agency of a State, a politi29 cal subdivision of a State, or a tax-supported organization.

30 (6) ‘‘sponsor’’ means a public agency that, individually or jointly

31 with one or more other public agencies, submits to the Secretary under

32 this chapter an application for a project grant.

33 § 70302. Grant authority

34 (a) GENERAL AUTHORITY.—To ensure the resiliency of the space trans35 portation infrastructure of the United States, the Secretary of Transpor36 tation may make project grants to sponsors as provided in this chapter.
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1 (b) LIMITATIONS.—The Secretary may make a project grant under this

2 chapter only if—

3 (1) at least 10 percent of the total cost of the project will be paid

4 by the private sector; and

5 (2) the grant will not be for more than 50 percent of the total cost

6 of the project.

7 § 70303. Grant applications

8 (a) GENERAL.—A sponsor may submit to the Secretary of Transportation

9 an application for a project grant. The application must state the project

10 to be undertaken and be in the form and contain the information the Sec11 retary requires.

12 (b) CONSIDERATIONS AND CONSULTATION.—(1) In selecting proposed

13 projects for grants under this section, the Secretary of Transportation shall

14 consider—

15 (A) the contribution of the project to industry capabilities that serve

16 the United States Government’s space transportation needs;

17 (B) the extent of industry’s financial contribution to the project;

18 (C) the extent of industry’s participation in the project;

19 (D) the positive impact of the project on the international competi20 tiveness of the United States space transportation industry;

21 (E) the extent of State contributions to the project; and

22 (F) the impact of the project on launch operations and other activi23 ties at Government launch ranges.

24 (2) The Secretary of Transportation shall consult with the Secretary of

25 Defense, the Administrator of the National Space and Aeronautics Adminis26 tration, and the heads of other appropriate agencies of the Government

27 about paragraph (1)(A) and (F) of this subsection.

28 (c) REQUIREMENTS.—The Secretary of Transportation may approve an

29 application only if the Secretary is satisfied that—

30 (1) the project will contribute to the purposes of this chapter;

31 (2) the project is reasonably consistent with plans (existing at the

32 time of approval of the project) of public agencies that are—

33 (A) authorized by the State in which the project is located; and

34 (B) responsible for the development of the area surrounding the

35 project site;

36 (3) if the application proposes to use Government property, the spe37 cific consent of the head of the appropriate agency has been obtained;

38 (4) the project will be completed without unreasonable delay;

39 (5) the sponsor submitting the application has the legal authority to

40 engage in the project; and
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1 (6) any additional requirements prescribed by the Secretary have

2 been met.

3 (d) PREFERENCE FOR INDUSTRY CONTRIBUTIONS.—The Secretary of

4 Transportation shall give preference to applications for projects for which

5 there will be greater industry financial contributions, all other factors being

6 equal.

7 § 70304. Environmental requirements

8 (a) POLICY.—It is the policy of the United States that projects selected

9 under this chapter shall provide for the protection and enhancement of the

10 natural resources and the quality of the environment of the United States.

11 In carrying out this policy, the Secretary of Transportation shall consult

12 with the Secretary of the Interior and the Administrator of the Environ13 mental Protection Agency about a project that may have a significant effect

14 on natural resources, including fish and wildlife, natural, scenic, and rec15 reational assets, water and air quality, and other factors affecting the envi16 ronment. If the Secretary of Transportation finds that a project will have

17 a significant adverse effect, the Secretary may approve the application for

18 the project only if, after a complete review that is a matter of public record,

19 the Secretary makes a written finding that no feasible and prudent alter20 native to the project exists and that all reasonable steps have been taken

21 to minimize the adverse effect.

22 (b) PUBLIC HEARING REQUIREMENT.—The Secretary of Transportation

23 may approve an application only if the sponsor of the project certifies to

24 the Secretary that an opportunity for a public hearing has been provided

25 to consider the economic, social, and environmental effects of the project

26 and its consistency with the goals of any planning carried out by the com27 munity. When a hearing is held under this paragraph, the sponsor shall sub28 mit a copy of the transcript of the hearing to the Secretary.

29 (c) COMPLIANCE WITH AIR AND WATER QUALITY STANDARDS.—(1) The

30 Secretary of Transportation may approve an application only if the chief ex31 ecutive officer of the State in which the project is located certifies in writing

32 to the Secretary that there is reasonable assurance that the project will be

33 located, designed, constructed, and operated to comply with applicable air

34 and water quality standards. If the Administrator has not prescribed those

35 standards, certification shall be obtained from the Administrator. Notice of

36 certification or refusal to certify shall be provided not later than 60 days

37 after the Secretary receives the application.

38 (2) The Secretary of Transportation shall condition the approval of an

39 application on compliance with applicable air and water quality standards

40 during construction and operation.
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1 (d) COMPLIANCE WITH LAWS AND REGULATIONS.—The Secretary of

2 Transportation may require a certification from a sponsor that the sponsor

3 will comply with all applicable laws and regulations. The Secretary may re4 scind at any time acceptance of a certification from a sponsor under this

5 subsection. This subsection does not affect any responsibility of the Sec6 retary under another law, including—

7 (1) section 303 of this title;

8 (2) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et

9 seq.);

10 (3) title VIII of the Act of April 11, 1968 (42 U.S.C. 3601 et seq.);

11 (4) the National Environmental Policy Act of 1969 (42 U.S.C. 4321

12 et seq.); and

13 (5) the Uniform Relocation Assistance and Real Property Acquisition

14 Policies Act of 1970 (42 U.S.C. 4601 et seq.).

15 § 70305. Authorization of appropriations

16 Not more than $10,000,000 may be appropriated to the Secretary of

17 Transportation to make grants under this chapter. Amounts appropriated

18 under this section remain available until expended.

19 SUBTITLE X—MISCELLANEOUS

CHAPTER Sec.

801. BILLS OF LADING ....................................................................................... 80101

803. CONTRABAND ............................................................................................... 80301

805. MISCELLANEOUS ......................................................................................... 80501

20 CHAPTER 801—BILLS OF LADING

Sec.

80101. Definitions.

80102. Application.

80103. Negotiable and nonnegotiable bills.

80104. Form and requirements for negotiation.

80105. Title and rights affected by negotiation.

80106. Transfer without negotiation.

80107. Warranties and liability.

80108. Alterations and additions.

80109. Liens of common carriers.

80110. Duty to deliver goods.

80111. Liability for delivery of goods.

80112. Liability under negotiable bills issued in parts, sets, or duplicates.

80113. Liability for nonreceipt, misdescription, and improper loading.

80114. Lost, stolen, and destroyed negotiable bills.

80115. Limitation on use of judicial process to obtain possession of goods from common carriers.

80116. Criminal penalty.

21 § 80101. Definitions

22 In this chapter—

23 (1) ‘‘consignee’’ means the person named in a bill of lading as the

24 person to whom the goods are to be delivered.

25 (2) ‘‘consignor’’ means the person named in a bill of lading as the

26 person from whom the goods have been received for shipment.
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1 (3) ‘‘goods’’ means merchandise or personal property that has been,

2 is being, or will be transported.

3 (4) ‘‘holder’’ means a person having possession of, and a property

4 right in, a bill of lading.

5 (5) ‘‘order’’ means an order by indorsement on a bill of lading.

6 (6) ‘‘purchase’’ includes taking by mortgage or pledge.

7 (7) ‘‘State’’ means a State of the United States, the District of Co8 lumbia, and a territory or possession of the United States.

9 § 80102. Application

10 This chapter applies to a bill of lading when the bill is issued by a com11 mon carrier for the transportation of goods—

12 (1) between a place in the District of Columbia and another place

13 in the District of Columbia;

14 (2) between a place in a territory or possession of the United States

15 and another place in the same territory or possession;

16 (3) between a place in a State and a place in another State;

17 (4) between a place in a State and a place in the same State through

18 another State or a foreign country; or

19 (5) from a place in a State to a place in a foreign country.

20 § 80103. Negotiable and nonnegotiable bills

21 (a) NEGOTIABLE BILLS.—(1) A bill of lading is negotiable if the bill—

22 (A) states that the goods are to be delivered to the order of a con23 signee; and

24 (B) does not contain on its face an agreement with the shipper that

25 the bill is not negotiable.

26 (2) Inserting in a negotiable bill of lading the name of a person to be

27 notified of the arrival of the goods—

28 (A) does not limit its negotiability; and

29 (B) is not notice to the purchaser of the goods of a right the named

30 person has to the goods.

31 (b) NONNEGOTIABLE BILLS.—(1) A bill of lading is nonnegotiable if the

32 bill states that the goods are to be delivered to a consignee. The

33 indorsement of a nonnegotiable bill does not—

34 (A) make the bill negotiable; or

35 (B) give the transferee any additional right.

36 (2) A common carrier issuing a nonnegotiable bill of lading must put

37 ‘‘nonnegotiable’’ or ‘‘not negotiable’’ on the bill. This paragraph does not

38 apply to an informal memorandum or acknowledgment.

39 § 80104. Form and requirements for negotiation

40 (a) GENERAL RULES.—(1) A negotiable bill of lading may be negotiated

41 by indorsement. An indorsement may be made in blank or to a specified
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1 person. If the goods are deliverable to the order of a specified person, then

2 the bill must be indorsed by that person.

3 (2) A negotiable bill of lading may be negotiated by delivery when the

4 common carrier, under the terms of the bill, undertakes to deliver the goods

5 to the order of a specified person and that person or a subsequent indorsee

6 has indorsed the bill in blank.

7 (3) A negotiable bill of lading may be negotiated by a person possessing

8 the bill, regardless of the way in which the person got possession, if—

9 (A) a common carrier, under the terms of the bill, undertakes to de10 liver the goods to that person; or

11 (B) when the bill is negotiated, it is in a form that allows it to be

12 negotiated by delivery.

13 (b) VALIDITY NOT AFFECTED.—The validity of a negotiation of a bill of

14 lading is not affected by the negotiation having been a breach of duty by

15 the person making the negotiation, or by the owner of the bill having been

16 deprived of possession by fraud, accident, mistake, duress, loss, theft, or

17 conversion, if the person to whom the bill is negotiated, or the person to

18 whom the bill is subsequently negotiated, gives value for the bill in good

19 faith and without notice of the breach of duty, fraud, accident, mistake, du20 ress, loss, theft, or conversion.

21 (c) NEGOTIATION BY SELLER, MORTGAGOR, OR PLEDGOR TO PERSON

22 WITHOUT NOTICE.—When goods for which a negotiable bill of lading has

23 been issued are in a common carrier’s possession, and the person to whom

24 the bill has been issued retains possession of the bill after selling, mortgag25 ing, or pledging the goods or bill, the subsequent negotiation of the bill by

26 that person to another person receiving the bill for value, in good faith, and

27 without notice of the prior sale, mortgage, or pledge has the same effect

28 as if the first purchaser of the goods or bill had expressly authorized the

29 subsequent negotiation.

30 § 80105. Title and rights affected by negotiation

31 (a) TITLE.—When a negotiable bill of lading is negotiated—

32 (1) the person to whom it is negotiated acquires the title to the

33 goods that—

34 (A) the person negotiating the bill had the ability to convey to

35 a purchaser in good faith for value; and

36 (B) the consignor and consignee had the ability to convey to

37 such a purchaser; and

38 (2) the common carrier issuing the bill becomes obligated directly to

39 the person to whom the bill is negotiated to hold possession of the

40 goods under the terms of the bill the same as if the carrier had issued

41 the bill to that person.
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1 (b) SUPERIORITY OF RIGHTS.—When a negotiable bill of lading is nego2 tiated to a person for value in good faith, that person’s right to the goods

3 for which the bill was issued is superior to a seller’s lien or to a right to

4 stop the transportation of the goods. This subsection applies whether the

5 negotiation is made before or after the common carrier issuing the bill re6 ceives notice of the seller’s claim. The carrier may deliver the goods to an

7 unpaid seller only if the bill first is surrendered for cancellation.

8 (c) MORTGAGEE AND LIEN HOLDER RIGHTS NOT AFFECTED.—Except

9 as provided in subsection (b) of this section, this chapter does not limit a

10 right of a mortgagee or lien holder having a mortgage or lien on goods

11 against a person that purchased for value in good faith from the owner, and

12 got possession of the goods immediately before delivery to the common car13 rier.

14 § 80106. Transfer without negotiation

15 (a) DELIVERY AND AGREEMENT.—The holder of a bill of lading may

16 transfer the bill without negotiating it by delivery and agreement to transfer

17 title to the bill or to the goods represented by it. Subject to the agreement,

18 the person to whom the bill is transferred has title to the goods against the

19 transferor.

20 (b) COMPELLING INDORSEMENT.—When a negotiable bill of lading is

21 transferred for value by delivery without being negotiated and indorsement

22 of the transferor is essential for negotiation, the transferee may compel the

23 transferor to indorse the bill unless a contrary intention appears. The nego24 tiation is effective when the indorsement is made.

25 (c) EFFECT OF NOTIFICATION.—(1) When a transferee notifies the com26 mon carrier that a nonnegotiable bill of lading has been transferred under

27 subsection (a) of this section, the carrier is obligated directly to the trans28 feree for any obligations the carrier owed to the transferor immediately be29 fore the notification. However, before the carrier is notified, the transferee’s

30 title to the goods and right to acquire the obligations of the carrier may

31 be defeated by—

32 (A) garnishment, attachment, or execution on the goods by a creditor

33 of the transferor; or

34 (B) notice to the carrier by the transferor or a purchaser from the

35 transferor of a later purchase of the goods from the transferor.

36 (2) A common carrier has been notified under this subsection only if—

37 (A) an officer or agent of the carrier, whose actual or apparent au38 thority includes acting on the notification, has been notified; and

39 (B) the officer or agent has had time, exercising reasonable dili40 gence, to communicate with the agent having possession or control of

41 the goods.
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1 § 80107. Warranties and liability

2 (a) GENERAL RULE.—Unless a contrary intention appears, a person ne3 gotiating or transferring a bill of lading for value warrants that—

4 (1) the bill is genuine;

5 (2) the person has the right to transfer the bill and the title to the

6 goods described in the bill;

7 (3) the person does not know of a fact that would affect the validity

8 or worth of the bill; and

9 (4) the goods are merchantable or fit for a particular purpose when

10 merchantability or fitness would have been implied if the agreement of

11 the parties had been to transfer the goods without a bill of lading.

12 (b) SECURITY FOR DEBT.—A person holding a bill of lading as security

13 for a debt and in good faith demanding or receiving payment of the debt

14 from another person does not warrant by the demand or receipt—

15 (1) the genuineness of the bill; or

16 (2) the quantity or quality of the goods described in the bill.

17 (c) DUPLICATES.—A common carrier issuing a bill of lading, on the face

18 of which is the word ‘‘duplicate’’ or another word indicating that the bill

19 is not an original bill, is liable the same as a person that represents and

20 warrants that the bill is an accurate copy of an original bill properly issued.

21 The carrier is not otherwise liable under the bill.

22 (d) INDORSER LIABILITY.—Indorsement of a bill of lading does not make

23 the indorser liable for failure of the common carrier or a previous indorser

24 to fulfill its obligations.

25 § 80108. Alterations and additions

26 An alteration or addition to a bill of lading after its issuance by a com27 mon carrier, without authorization from the carrier in writing or noted on

28 the bill, is void. However, the original terms of the bill are enforceable.

29 § 80109. Liens of common carriers

30 A common carrier issuing a negotiable bill of lading has a lien on the

31 goods covered by the bill for—

32 (1) charges for storage, transportation, and delivery (including de33 murrage and terminal charges), and expenses necessary to preserve the

34 goods or incidental to transporting the goods after the date of the bill;

35 and

36 (2) other charges for which the bill expressly specifies a lien is

37 claimed to the extent the charges are allowed by law and the agreement

38 between the consignor and carrier.

39 § 80110. Duty to deliver goods

40 (a) GENERAL RULES.—Except to the extent a common carrier establishes

41 an excuse provided by law, the carrier must deliver goods covered by a bill
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1 of lading on demand of the consignee named in a nonnegotiable bill or the

2 holder of a negotiable bill for the goods when the consignee or holder—

3 (1) offers in good faith to satisfy the lien of the carrier on the goods;

4 (2) has possession of the bill and, if a negotiable bill, offers to in5 dorse and give the bill to the carrier; and

6 (3) agrees to sign, on delivery of the goods, a receipt for delivery if

7 requested by the carrier.

8 (b) PERSONS TO WHOM GOODS MAY BE DELIVERED.—Subject to section

9 80111 of this title, a common carrier may deliver the goods covered by a

10 bill of lading to—

11 (1) a person entitled to their possession;

12 (2) the consignee named in a nonnegotiable bill; or

13 (3) a person in possession of a negotiable bill if—

14 (A) the goods are deliverable to the order of that person; or

15 (B) the bill has been indorsed to that person or in blank by the

16 consignee or another indorsee.

17 (c) COMMON CARRIER CLAIMS OF TITLE AND POSSESSION.—A claim by

18 a common carrier that the carrier has title to goods or right to their posses19 sion is an excuse for nondelivery of the goods only if the title or right is

20 derived from—

21 (1) a transfer made by the consignor or consignee after the ship22 ment; or

23 (2) the carrier’s lien.

24 (d) ADVERSE CLAIMS.—If a person other than the consignee or the per25 son in possession of a bill of lading claims title to or possession of goods

26 and the common carrier knows of the claim, the carrier is not required to

27 deliver the goods to any claimant until the carrier has had a reasonable time

28 to decide the validity of the adverse claim or to bring a civil action to re29 quire all claimants to interplead.

30 (e) INTERPLEADER.—If at least 2 persons claim title to or possession of

31 the goods, the common carrier may—

32 (1) bring a civil action to interplead all known claimants to the

33 goods; or

34 (2) require those claimants to interplead as a defense in an action

35 brought against the carrier for nondelivery.

36 (f) THIRD PERSON CLAIMS NOT A DEFENSE.—Except as provided in

37 subsections (b), (d), and (e) of this section, title or a right of a third person

38 is not a defense to an action brought by the consignee of a nonnegotiable

39 bill of lading or by the holder of a negotiable bill against the common car40 rier for failure to deliver the goods on demand unless enforced by legal proc41 ess.
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1 § 80111. Liability for delivery of goods

2 (a) GENERAL RULES.—A common carrier is liable for damages to a per3 son having title to, or right to possession of, goods when—

4 (1) the carrier delivers the goods to a person not entitled to their

5 possession unless the delivery is authorized under section 80110(b)(2)

6 or (3) of this title;

7 (2) the carrier makes a delivery under section 80110(b)(2) or (3) of

8 this title after being requested by or for a person having title to, or

9 right to possession of, the goods not to make the delivery; or

10 (3) at the time of delivery under section 80110(b)(2) or (3) of this

11 title, the carrier has information it is delivering the goods to a person

12 not entitled to their possession.

13 (b) EFFECTIVENESS OF REQUEST OR INFORMATION.—A request or infor14 mation is effective under subsection (a)(2) or (3) of this section only if—

15 (1) an officer or agent of the carrier, whose actual or apparent au16 thority includes acting on the request or information, has been given

17 the request or information; and

18 (2) the officer or agent has had time, exercising reasonable diligence,

19 to stop delivery of the goods.

20 (c) FAILURE TO TAKE AND CANCEL BILLS.—Except as provided in sub21 section (d) of this section, if a common carrier delivers goods for which a

22 negotiable bill of lading has been issued without taking and canceling the

23 bill, the carrier is liable for damages for failure to deliver the goods to a

24 person purchasing the bill for value in good faith whether the purchase was

25 before or after delivery and even when delivery was made to the person enti26 tled to the goods. The carrier also is liable under this paragraph if part of

27 the goods are delivered without taking and canceling the bill or plainly not28 ing on the bill that a partial delivery was made and generally describing the

29 goods or the remaining goods kept by the carrier.

30 (d) EXCEPTIONS TO LIABILITY.—A common carrier is not liable for fail31 ure to deliver goods to the consignee or owner of the goods or a holder of

32 the bill if—

33 (1) a delivery described in subsection (c) of this section was com34 pelled by legal process;

35 (2) the goods have been sold lawfully to satisfy the carrier’s lien;

36 (3) the goods have not been claimed; or

37 (4) the goods are perishable or hazardous.

38 § 80112. Liability under negotiable bills issued in parts, sets,

39 or duplicates

40 (a) PARTS AND SETS.—A negotiable bill of lading issued in a State for

41 the transportation of goods to a place in the 48 contiguous States or the
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1 District of Columbia may not be issued in parts or sets. A common carrier

2 issuing a bill in violation of this subsection is liable for damages for failure

3 to deliver the goods to a purchaser of one part for value in good faith even

4 though the purchase occurred after the carrier delivered the goods to a hold5 er of one of the other parts.

6 (b) DUPLICATES.—When at least 2 negotiable bills of lading are issued

7 in a State for the same goods to be transported to a place in the 48 contig8 uous States or the District of Columbia, the word ‘‘duplicate’’ or another

9 word indicating that the bill is not an original must be put plainly on the

10 face of each bill except the original. A common carrier violating this sub11 section is liable for damages caused by the violation to a purchaser of the

12 bill for value in good faith as an original bill even though the purchase oc13 curred after the carrier delivered the goods to the holder of the original bill.

14 § 80113. Liability for nonreceipt, misdescription, and im15 proper loading

16 (a) LIABILITY FOR NONRECEIPT AND MISDESCRIPTION.—Except as pro17 vided in this section, a common carrier issuing a bill of lading is liable for

18 damages caused by nonreceipt by the carrier of any part of the goods by

19 the date shown in the bill or by failure of the goods to correspond with the

20 description contained in the bill. The carrier is liable to the owner of goods

21 transported under a nonnegotiable bill (subject to the right of stoppage in

22 transit) or to the holder of a negotiable bill if the owner or holder gave value

23 in good faith relying on the description of the goods in the bill or on the

24 shipment being made on the date shown in the bill.

25 (b) NONLIABILITY OF CARRIERS.—A common carrier issuing a bill of lad26 ing is not liable under subsection (a) of this section—

27 (1) when the goods are loaded by the shipper;

28 (2) when the bill—

29 (A) describes the goods in terms of marks or labels, or in a

30 statement about kind, quantity, or condition; or

31 (B) is qualified by ‘‘contents or condition of contents of pack32 ages unknown’’, ‘‘said to contain’’, ‘‘shipper’s weight, load, and

33 count’’, or words of the same meaning; and

34 (3) to the extent the carrier does not know whether any part of the

35 goods were received or conform to the description.

36 (c) LIABILITY FOR IMPROPER LOADING.—A common carrier issuing a bill

37 of lading is not liable for damages caused by improper loading if—

38 (1) the shipper loads the goods; and

39 (2) the bill contains the words ‘‘shipper’s weight, load, and count’’,

40 or words of the same meaning indicating the shipper loaded the goods.
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1 (d) CARRIER’S DUTY TO DETERMINE KIND, QUANTITY, AND NUMBER.—

2 (1) When bulk freight is loaded by a shipper that makes available to the

3 common carrier adequate facilities for weighing the freight, the carrier must

4 determine the kind and quantity of the freight within a reasonable time

5 after receiving the written request of the shipper to make the determination.

6 In that situation, inserting the words ‘‘shipper’s weight’’ or words of the

7 same meaning in the bill of lading has no effect.

8 (2) When goods are loaded by a common carrier, the carrier must count

9 the packages of goods, if package freight, and determine the kind and quan10 tity, if bulk freight. In that situation, inserting in the bill of lading or in

11 a notice, receipt, contract, rule, or tariff, the words ‘‘shipper’s weight, load,

12 and count’’ or words indicating that the shipper described and loaded the

13 goods, has no effect except for freight concealed by packages.

14 § 80114. Lost, stolen, and destroyed negotiable bills

15 (a) DELIVERY ON COURT ORDER AND SURETY BOND.—If a negotiable

16 bill of lading is lost, stolen, or destroyed, a court of competent jurisdiction

17 may order the common carrier to deliver the goods if the person claiming

18 the goods gives a surety bond, in an amount approved by the court, to in19 demnify the carrier or a person injured by delivery against liability under

20 the outstanding original bill. The court also may order payment of reason21 able costs and attorney’s fees to the carrier. A voluntary surety bond, with22 out court order, is binding on the parties to the bond.

23 (b) LIABILITY TO HOLDER.—Delivery of goods under a court order under

24 subsection (a) of this section does not relieve a common carrier from liabil25 ity to a person to whom the negotiable bill has been or is negotiated for

26 value without notice of the court proceeding or of the delivery of the goods.

27 § 80115. Limitation on use of judicial process to obtain pos28 session of goods from common carriers

29 (a) ATTACHMENT AND LEVY.—Except when a negotiable bill of lading

30 was issued originally on delivery of goods by a person that did not have the

31 power to dispose of the goods, goods in the possession of a common carrier

32 for which a negotiable bill has been issued may be attached through judicial

33 process or levied on in execution of a judgment only if the bill is surren34 dered to the carrier or its negotiation is enjoined.

35 (b) DELIVERY.—A common carrier may be compelled by judicial process

36 to deliver goods under subsection (a) of this section only when the bill is

37 surrendered to the carrier or impounded by the court.

38 § 80116. Criminal penalty

39 A person shall be fined under title 18, imprisoned for not more than 5

40 years, or both, if the person—

41 (1) violates this chapter with intent to defraud; or
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1 (2) knowingly or with intent to defraud—

2 (A) falsely makes, alters, or copies a bill of lading subject to

3 this chapter;

4 (B) utters, publishes, or issues a falsely made, altered, or copied

5 bill subject to this chapter; or

6 (C) negotiates or transfers for value a bill containing a false

7 statement.

8 CHAPTER 803—CONTRABAND

Sec.

80301. Definitions.

80302. Prohibitions.

80303. Seizure and forfeiture.

80304. Administrative.

80305. Availability of certain appropriations.

80306. Relationship to other laws.

9 § 80301. Definitions

10 In this chapter—

11 (1) ‘‘aircraft’’ means a contrivance used, or capable of being used,

12 for transportation in the air.

13 (2) ‘‘vehicle’’ means a contrivance used, or capable of being used, for

14 transportation on, below, or above land, but does not include aircraft.

15 (3) ‘‘vessel’’ means a contrivance used, or capable of being used, for

16 transportation in water, but does not include aircraft.

17 § 80302. Prohibitions

18 (a) DEFINITION.—In this section, ‘‘contraband’’ means—

19 (1) a narcotic drug (as defined in section 102 of the Comprehensive

20 Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)), in21 cluding marihuana (as defined in section 102 of that Act (21 U.S.C.

22 802)), that—

23 (A) is possessed with intent to sell or offer for sale in violation

24 of the laws and regulations of the United States;

25 (B) is acquired, possessed, sold, transferred, or offered for sale

26 in violation of those laws;

27 (C) is acquired by theft, robbery, or burglary and transported—

28 (i) in the District of Columbia or a territory or possession

29 of the United States; or

30 (ii) from a place in a State, the District of Columbia, a ter31 ritory or possession of the United States, or the Canal Zone,

32 to a place in another State, the District of Columbia, a terri33 tory or possession, or the Canal Zone; or

34 (D) does not bear tax-paid internal revenue stamps required by

35 those laws or regulations;
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1 (2) a firearm involved in a violation of chapter 53 of the Internal

2 Revenue Code of 1986 (26 U.S.C. 5801 et seq.);

3 (3) a forged, altered, or counterfeit—

4 (A) coin or an obligation or other security of the United States

5 Government (as defined in section 8 of title 18); or

6 (B) coin, obligation, or other security of the government of a

7 foreign country;

8 (4) material or equipment used, or intended to be used, in making

9 a coin, obligation, or other security referred to in clause (3) of this sub10 section; or

11 (5) a cigarette involved in a violation of chapter 114 of title 18 or

12 a regulation prescribed under chapter 114.

13 (b) PROHIBITIONS.—A person may not—

14 (1) transport contraband in an aircraft, vehicle, or vessel;

15 (2) conceal or possess contraband on an aircraft, vehicle, or vessel;

16 or

17 (3) use an aircraft, vehicle, or vessel to facilitate the transportation,

18 concealment, receipt, possession, purchase, sale, exchange, or giving

19 away of contraband.

20 § 80303. Seizure and forfeiture

21 The Secretary of the Treasury or the Governor of Guam or of the North22 ern Mariana Islands as provided in section 80304 of this title, or a person

23 authorized by another law to enforce section 80302 of this title, shall seize

24 an aircraft, vehicle, or vessel involved in a violation of section 80302 and

25 place it in the custody of a person designated by the Secretary or appro26 priate Governor, as the case may be. The seized aircraft, vehicle, or vessel

27 shall be forfeited, except when the owner establishes that a person except

28 the owner committed the violation when the aircraft, vehicle, or vessel was

29 in the possession of a person who got possession by violating a criminal law

30 of the United States or a State. However, an aircraft, vehicle, or vessel used

31 by a common carrier to provide transportation for compensation may be for32 feited only when—

33 (1) the owner, conductor, driver, pilot, or other individual in charge

34 of the aircraft or vehicle (except a rail car or engine) consents to, or

35 knows of, the alleged violation when the violation occurs;

36 (2) the owner of the rail car or engine consents to, or knows of, the

37 alleged violation when the violation occurs; or

38 (3) the master or owner of the vessel consents to, or knows of, the

39 alleged violation when the violation occurs.
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1 § 80304. Administrative

2 (a) GENERAL.—Except as provided in subsections (b) and (c) of this sec3 tion, the Secretary of the Treasury—

4 (1) may designate officers, employees, agents, or other persons to

5 carry out this chapter; and

6 (2) shall prescribe regulations to carry out this chapter.

7 (b) IN GUAM.—The Governor of Guam—

8 (1) or officers of the government of Guam designated by the Gov9 ernor shall carry out this chapter in Guam;

10 (2) may carry out laws referred to in section 80306(b) of this title

11 with modifications the Governor decides are necessary to meet condi12 tions in Guam; and

13 (3) may prescribe regulations to carry out this chapter in Guam.

14 (c) IN NORTHERN MARIANA ISLANDS.—The Governor of the Northern

15 Mariana Islands—

16 (1) or officers of the government of the Northern Mariana Islands

17 designated by the Governor shall carry out this chapter in the Northern

18 Mariana Islands;

19 (2) may carry out laws referred to in section 80306(b) of this title

20 with modifications the Governor decides are necessary to meet condi21 tions in the Northern Mariana Islands; and

22 (3) may prescribe regulations to carry out this chapter in the North23 ern Mariana Islands.

24 (d) CUSTOMS LAWS ON SEIZURE AND FORFEITURE.—The Secretary, or

25 the Governor of Guam or of the Northern Mariana Islands as provided in

26 subsections (b) and (c) of this section, shall carry out the customs laws on

27 the seizure and forfeiture of aircraft, vehicles, and vessels under this chap28 ter.

29 § 80305. Availability of certain appropriations

30 Appropriations for enforcing customs, narcotics, counterfeiting, or inter31 nal revenue laws are available to carry out this chapter.

32 § 80306. Relationship to other laws

33 (a) CHAPTER AS ADDITIONAL LAW.—This chapter is in addition to an34 other law—

35 (1) imposing, or authorizing the compromise of, fines, penalties, or

36 forfeitures; or

37 (2) providing for seizure, condemnation, or disposition of forfeited

38 property, or the proceeds from the property.

39 (b) LAWS APPLICABLE TO SEIZURES AND FORFEITURES.—To the extent

40 applicable and consistent with this chapter, the following apply to a seizure

41 or forfeiture under this chapter:
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1 (1) provisions of law related to the seizure, forfeiture, and condemna2 tion of vehicles and vessels violating the customs laws.

3 (2) provisions of law related to the disposition of those vehicles or

4 vessels or the proceeds from the sale of those vehicles or vessels.

5 (3) provisions of law related to the compromise of those forfeitures

6 or claims related to those forfeitures.

7 (4) provisions of law related to the award of compensation to an in8 former about those forfeitures.

9 CHAPTER 805—MISCELLANEOUS

Sec.

80501. Damage to transported property.

80502. Transportation of animals.

80503. Payments for inspection and quarantine services.

80504. Medals of honor.

10 § 80501. Damage to transported property

11 (a) CRIMINAL PENALTY.—A person willfully damaging, or attempting to

12 damage, property in the possession of an air carrier, motor carrier, or rail

13 carrier and being transported in interstate or foreign commerce, shall be

14 fined under title 18, imprisoned for not more than 10 years, or both. In

15 a criminal proceeding under this section, a shipping document for the prop16 erty is prima facie evidence of the places to which and from which the prop17 erty was being transported.

18 (b) PROHIBITION AGAINST MULTIPLE PROSECUTIONS FOR SAME ACT.—

19 A person may not be prosecuted for an act under this section when the per20 son has been convicted or acquitted on the merits for the same act under

21 the laws of a State, the District of Columbia, or a territory or possession

22 of the United States.

23 § 80502. Transportation of animals

24 (a) CONFINEMENT.—(1) Except as provided in this section, a rail carrier,

25 express carrier, or common carrier (except by air or water), a receiver,

26 trustee, or lessee of one of those carriers, or an owner or master of a vessel

27 transporting animals from a place in a State, the District of Columbia, or

28 a territory or possession of the United States through or to a place in an29 other State, the District of Columbia, or a territory or possession, may not

30 confine animals in a vehicle or vessel for more than 28 consecutive hours

31 without unloading the animals for feeding, water, and rest.

32 (2) Sheep may be confined for an additional 8 consecutive hours without

33 being unloaded when the 28-hour period of confinement ends at night. Ani34 mals may be confined for—

35 (A) more than 28 hours when the animals cannot be unloaded be36 cause of accidental or unavoidable causes that could not have been an37 ticipated or avoided when being careful; and
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1 (B) 36 consecutive hours when the owner or person having custody

2 of animals being transported requests, in writing and separate from a

3 bill of lading or other rail form, that the 28-hour period be extended

4 to 36 hours.

5 (3) Time spent in loading and unloading animals is not included as part

6 of a period of confinement under this subsection.

7 (b) UNLOADING, FEEDING, WATERING, AND REST.—Animals being

8 transported shall be unloaded in a humane way into pens equipped for feed9 ing, water, and rest for at least 5 consecutive hours. The owner or person

10 having custody of the animals shall feed and water the animals. When the

11 animals are not fed and watered by the owner or person having custody,

12 the rail carrier, express carrier, or common carrier (except by air or water),

13 the receiver, trustee, or lessee of one of those carriers, or the owner or mas14 ter of a vessel transporting the animals—

15 (1) shall feed and water the animals at the reasonable expense of

16 the owner or person having custody, except that the owner or shipper

17 may provide food;

18 (2) has a lien on the animals for providing food, care, and custody

19 that may be collected at the destination in the same way that a trans20 portation charge is collected; and

21 (3) is not liable for detaining the animals for a reasonable period to

22 comply with subsection (a) of this section.

23 (c) NONAPPLICATION.—This section does not apply when animals are

24 transported in a vehicle or vessel in which the animals have food, water,

25 space, and an opportunity for rest.

26 (d) CIVIL PENALTY.—A rail carrier, express carrier, or common carrier

27 (except by air or water), a receiver, trustee, or lessee of one of those car28 riers, or an owner or master of a vessel that knowingly and willfully violates

29 this section is liable to the United States Government for a civil penalty of

30 at least $100 but not more than $500 for each violation. On learning of

31 a violation, the Attorney General shall bring a civil action to collect the pen32 alty in the district court of the United States for the judicial district in

33 which the violation occurred or the defendant resides or does business.

34 § 80503. Payments for inspection and quarantine services

35 (a) GENERAL.—(1) In this subsection—

36 (A) ‘‘private aircraft’’ means a civilian aircraft not being used to

37 transport passengers or property for compensation.

38 (B) ‘‘private vessel’’ means a civilian vessel not being used—

39 (i) to transport passengers or property for compensation; or

40 (ii) in fishing or fish processing operations.
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1 (2) Notwithstanding section 451 of the Tariff Act of 1930 (19 U.S.C.

2 1451), the owner, operator, or agent of a private aircraft or private vessel

3 may pay not more than $25 for the services of an officer or employee of

4 the Department of Agriculture, the Customs Service, the Immigration and

5 Naturalization Service, or the Public Health Service (including an independ6 ent contractor performing an inspection service for the Public Health Serv7 ice) when the services are performed on a Sunday, holiday, or from 5 p.m.

8 through 8 a.m. on a weekday, and are related to the aircraft’s or vessel’s

9 arrival in, or departure from, the United States. However, the owner, opera10 tor, or agent does not have to pay for the services from 5 p.m. through 8

11 a.m. on a weekday when an officer or employee on regular duty is available

12 at the place of arrival or departure to perform services.

13 (3) The head of a department, agency, or instrumentality of the United

14 States Government providing services under paragraph (2) of this sub15 section shall collect the amount paid for the services and deposit the amount

16 in the Treasury. The amount shall be credited to the appropriation of the

17 department, agency, or instrumentality against which the expense of those

18 services was charged.

19 (b) LIMITATIONS ON REIMBURSEMENT.—(1) An owner or operator of an

20 aircraft is required to reimburse the head of a department, agency, or in21 strumentality of the Government for the expenses of performing an inspec22 tion or quarantine service related to the aircraft at a place of inspection

23 during regular service hours on a Sunday or holiday only to the same extent

24 that an owner or operator makes reimbursement for the service during regu25 lar service hours on a weekday. The head of the department, agency, or in26 strumentality may not assess an owner or operator of an aircraft for admin27 istrative overhead expenses for inspection or quarantine service provided by

28 the department, agency, or instrumentality at an entry airport.

29 (2) This subsection does not require reimbursement for costs incurred by

30 the Secretary of the Treasury in providing customs services described in sec31 tion 13031(e)(1) of the Consolidated Omnibus Budget Reconciliation Act of

32 1985 (19 U.S.C. 58c(e)(1)).

33 § 80504. Medals of honor

34 (a) MEDALS.—The President may prepare and give a bronze medal of

35 honor with emblematic devices to an individual who by extreme daring en36 dangers that individual’s life in trying to prevent, or save the life of another

37 in, a grave accident in the United States involving a rail carrier providing

38 transportation in interstate commerce or involving a motor vehicle on the

39 public streets, roads, or highways. The President may give a medal only

40 when sufficient evidence that the individual deserves the medal has been

41 filed under regulations prescribed by the President.
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1 (b) RIBBONS, KNOTS, AND ROSETTES.—The President may give an indi2 vidual who receives a medal a ribbon to be worn with the medal and a knot

3 or rosette to be worn in place of the medal. The President shall prescribe

4 the design for the ribbon, knot, and rosette. If the ribbon is lost, destroyed,

5 or made unfit for use and the individual receiving the medal is not neg6 ligent, the President shall issue a new ribbon without charge to the individ7 ual.

8 (c) AVAILABILITY OF APPROPRIATIONS.—Appropriations made to the

9 Secretary of Transportation are available to carry out this section.

10 PORTS OF ENTRY

11 Sec. 2. (a) The definitions in section 40102(a) of title 49, United States

12 Code, apply to this section.

13 (b)(1) The Secretary of the Treasury may—

14 (A) designate ports of entry in the United States for civil aircraft

15 arriving in the United States from a place outside the United States

16 and property transported on that aircraft;

17 (B) detail to ports of entry officers and employees of the United

18 States Customs Service the Secretary considers necessary;

19 (C) give an officer or employee of the United States Government sta20 tioned at a port of entry (with the consent of the head of the depart21 ment, agency, or instrumentality of the Government with jurisdiction

22 over the officer or employee) duties and powers of officers or employees

23 of the Customs Service;

24 (D) by regulation, apply to civil air navigation the laws and regula25 tions on carrying out the customs laws, to the extent and under condi26 tions the Secretary considers necessary; and

27 (E) by regulation, apply to civil aircraft the laws and regulations on

28 entry and clearance of vessels, to the extent and under conditions the

29 Secretary considers necessary.

30 (2) A person violating a customs regulation prescribed under paragraph

31 (1)(A)–(D) of this subsection or a public health or customs law or regula32 tion made applicable to aircraft by a regulation under paragraph (1)(A)–

33 (D) is liable to the Government for a civil penalty of $5,000 for each viola34 tion. An aircraft involved in the violation may be seized and forfeited under

35 the customs laws. The Secretary of the Treasury may remit or mitigate a

36 penalty and forfeiture under this paragraph.

37 (3) A person violating a regulation made applicable under paragraph

38 (1)(E) of this subsection or an immigration regulation prescribed under

39 paragraph (1)(E) is liable to the Government for a civil penalty of $5,000

40 for each violation. The Secretary of the Treasury or the Attorney General

41 may remit or mitigate a penalty under this paragraph.
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1 (4) In addition to any other penalty, when a controlled substance de2 scribed in section 584 of the Tariff Act of 1930 (19 U.S.C. 1584) is found

3 on, or to have been unloaded from, an aircraft to which this subsection ap4 plies, the owner of, or individual commanding, the aircraft is liable to the

5 Government for the penalties provided in section 584 for each violation un6 less the owner or individual, by a preponderance of the evidence, dem7 onstrates that the owner or individual did not know, and by exercising the

8 highest degree of care and diligence, could not have known, that a controlled

9 substance was on the aircraft.

10 (5) If a violation under this subsection is by the owner or operator of,

11 or individual commanding, the aircraft, the aircraft is subject to a lien for

12 the penalty.

13 (c)(1) The Secretary of Agriculture by regulation may apply laws and

14 regulations on animal and plant quarantine (including laws and regulations

15 on importing, exporting, transporting, and quarantining animals, plants,

16 animal and plant products, insects, bacterial and fungus cultures, viruses,

17 and serums) to civil air navigation to the extent and under conditions the

18 Secretary considers necessary.

19 (2) A person violating a law or regulation made applicable under para20 graph (1) of this subsection is liable for the penalties provided under that

21 law or regulation.

22 (d) A decision to remit or mitigate a civil penalty under this section is

23 final. When libel proceedings are pending during a proceeding to remit or

24 mitigate a penalty, the appropriate Secretary shall notify the Attorney Gen25 eral of the remission or mitigation proceeding.

26 (e)(1) An aircraft subject to a lien under this section may be seized sum27 marily by and placed in the custody of a person authorized by regulations

28 of the appropriate Secretary or the Attorney General. A report of the case

29 shall be sent to the Attorney General. The Attorney General shall bring

30 promptly a civil action in rem to enforce the lien or notify the appropriate

31 Secretary that the action will not be brought.

32 (2) An aircraft seized under this section shall be released from custody

33 when—

34 (A) the civil penalty or amount not remitted or mitigated is paid;

35 (B) the aircraft is seized under process of a court in a civil action

36 in rem to enforce the lien;

37 (C) the Attorney General gives notice that a civil action will not be

38 brought under paragraph (1) of this subsection; or

39 (D) a bond is deposited with the appropriate Secretary or the Attor40 ney General in an amount and with a surety the appropriate Secretary
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1 or the Attorney General prescribes, conditioned on payment of the pen2 alty or amount not remitted or mitigated.

3 (f) A civil penalty under this section may be collected by bringing a civil

4 action against the person subject to the penalty, a civil action in rem

5 against an aircraft subject to a lien for a penalty, or both. The action shall

6 conform as nearly as practicable to a civil action in admiralty, regardless

7 of the place an aircraft in a civil action in rem is seized. However, a party

8 may demand a trial by jury of an issue of fact if the value of the matter

9 in controversy is more than $20. An issue of fact tried by jury may be reex10 amined only under common law rules.

11 (g) Necessary amounts may be appropriated to allow the head of a de12 partment, agency, or instrumentality of the Government to acquire space at

13 a public airport (as defined in section 47102 of title 49) when the head de14 cides the space is necessary to carry out inspections, clearance, collection

15 of taxes or duties, or a similar responsibility of the head, related to trans16 porting passengers or property in air commerce. The head must consult

17 with the Secretary of Transportation before making a decision on space.

18 MASS TRANSPORTATION EXEMPTION

19 Sec. 3. Chapter 105 of title 49, United States Code, is amended as fol20 lows:

21 (1) Insert immediately after section 10530 the following new section:

22 ‘‘§ 10531. Mass transportation exemption

23 ‘‘(a) DEFINITIONS.—The definitions in section 5302(a) of this title apply

24 to this section.

25 ‘‘(b) PETITION FOR GRANTING EXEMPTIONS.—A State or local govern26 mental authority may petition the Interstate Commerce Commission for an

27 exemption from the jurisdiction of the Commission under this subchapter

28 for mass transportation the authority provides or has provided to it by con29 tract. Not later than 180 days after the Commission receives a petition and

30 after notice and a reasonable opportunity for a proceeding, the Commission

31 shall exempt the State, local governmental authority, or contractor unless

32 the Commission finds that—

33 ‘‘(1) the public interest would not be served by an exemption;

34 ‘‘(2) the exemption would result in an unreasonable burden on inter35 state or foreign commerce; or

36 ‘‘(3) a State or local governmental authority may not regulate the

37 mass transportation to be exempt under this section.

38 ‘‘(c) APPLICATION OF OTHER LAWS.—All applicable laws of the United

39 States related to safety and to representation of employees for collective

40 bargaining purposes, retirement, annuities, and unemployment systems, and

41 all other laws related to employee-employer relations, apply to a State or
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1 local governmental authority that was granted, or whose contractor was

2 granted, an exemption under this section.

3 ‘‘(d) CHANGING AND REVOKING EXEMPTIONS.—The Commission may

4 change or revoke an exemption if it finds that new evidence, material error,

5 or changed circumstances exist that materially affect the original order. The

6 Commission may act on its own initiative or on application of an interested

7 party.’’.

8 (2) Insert immediately below item 10530 in the analysis of the chap9 ter the following new item:

‘‘10531. Mass transportation exemption.’’.

10 CONFORMING PROVISIONS

11 Sec. 4. (a) Section 401 of the Federal Election Campaign Act of 1971

12 (2 U.S.C. 451) is amended by striking ‘‘Civil Aeronautics Board’’ and

13 ‘‘Board or Commission’’ and substituting ‘‘Secretary of Transportation’’

14 and ‘‘Secretary under subpart II of part A of subtitle VII of title 49, United

15 States Code, or such Commission,’’, respectively.

16 (b) Title 5, United States Code, is amended as follows:

17 (1) In section 5109, add at the end of the section the following new

18 subsection:

19 ‘‘(c)(1) The position held by a fully experienced and qualified railroad

20 safety inspector of the Department of Transportation shall be classified in

21 accordance with this chapter, but not lower than GS–12.

22 ‘‘(2) The position held by a railroad safety specialist of the Department

23 shall be classified in accordance with this chapter, but not lower than GS–

24 13.’’.

25 (2) In section 5315, strike—

26 ‘‘Administrator of the St. Lawrence Seaway Development Corpora27 tion.’’

28 and substitute—

29 ‘‘Administrator of the Saint Lawrence Seaway Development Corpora30 tion.’’.

31 (3) In section 8172, strike ‘‘Secretary of the Treasury’’ and sub32 stitute ‘‘Secretary of Transportation’’.

33 (c) Section 511(e) of the Motor Vehicle Information and Cost Savings Act

34 (15 U.S.C. 2011(e)) is amended to read as follows:

35 ‘‘(e) For purposes of this section—

36 ‘‘(1) ‘retrofit device’ means any component, equipment, or other de37 vice—

38 ‘‘(A) which is designed to be installed in or on an automobile

39 (as an addition to, as a replacement for, or through alteration or
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1 modification of, any original component, equipment, or other de2 vice); and

3 ‘‘(B) which any manufacturer, dealer, or distributor of such de4 vice represents will provide higher fuel economy than would have

5 resulted with the automobile as originally equipped,

6 as determined under rules of the Administrator. Such term also in7 cludes a fuel additive for use in an automobile.

8 ‘‘(2) the definitions in section 32901(a) of title 49, United States

9 Code, apply.’’.

10 (d) Section 6001(1) of title 18, United States Code, is amended by strik11 ing ‘‘the Civil Aeronautics Board,’’.

12 (e) Chapter 33 of title 28, United States Code, is amended as follows:

13 (1) Insert immediately after section 537 the following new section:

14 ‘‘§ 538. Investigation of aircraft piracy and related violations

15 ‘‘The Federal Bureau of Investigation shall investigate any violation of

16 section 46314 or chapter 465 of title 49.’’.

17 (2) In the analysis of chapter 33, insert immediately after item 537

18 the following new item:

‘‘538. Investigation of aircraft piracy and related violations.’’.

19 (f)(1) Title 31, United States Code, is amended as follows:

20 (A) In section 309, strike ‘‘section 2A(a)’’ and substitute ‘‘section

21 3(a)’’.

22 (B) In section 503(b)(9), strike ‘‘perform’’ and substitute ‘‘Per23 form’’.

24 (C) In the analysis of chapter 7, immediately above item 781,

25 strike—

‘‘Sec.’’.

26 (D) In section 782, strike ‘‘612a).’’ and substitute ‘‘612a)).’’.

27 (E) In section 1105(a), strike—

28 ‘‘(26) a separate’’

29 and substitute—

30 ‘‘(27) a separate’’.

31 (F) Section 1352 is amended as follows:

32 (i) Immediately below subsection (b)(7), strike—

33 ‘‘(C)(1) Any’’

34 and substitute—

35 ‘‘(c)(1) Any’’.

36 (ii) In subsection (e)(1)(C), strike ‘‘appropirated’’ and ‘‘law’’

37 and substitute ‘‘appropriated’’ and ‘‘law.’’, respectively.

38 (iii) In subsection (h)(7), strike ‘‘agency’’ and ‘‘guaranty’’ and

39 substitute ‘‘agency.’’ and ‘‘guaranty.’’, respectively.
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1 (G) The analysis of chapter 33 is amended by inserting below item

2 3333 the following new item:

‘‘3334. Cancellation and proceeds distribution of Treasury checks.’’.

3 (H) In section 3302(c)(1), strike the comma at the end and sub4 stitute a period.

5 (I) In section 3330(d)(1)(B), strike ‘‘Administrator’’ and substitute

6 ‘‘Secretary of Veterans Affairs’’.

7 (J)(i) In section 3512(c)(1), strike ‘‘subsection (a)(3)’’ and sub8 stitute ‘‘subsection (b)(3)’’.

9 (ii) In section 3512(d)(1) and (2), strike ‘‘subsection (b)’’ wherever

10 it appears and substitute ‘‘subsection (c)’’.

11 (K) In section 3551(1), strike ‘‘an Federal’’ and substitute ‘‘a Fed12 eral’’.

13 (L) In section 3552, strike ‘‘section 111(h)’’ and ‘‘(40 U.S.C.

14 759(h))’’ and substitute ‘‘section 111(f)’’ and ‘‘(40 U.S.C. 759(f))’’, re15 spectively.

16 (M) In section 3718(b)(3)(A), strike ‘‘15 U.S.C. 6376(d)(3)(C)(i)’’

17 and substitute ‘‘15 U.S.C. 637(d)(3)(C)(i)’’.

18 (N) In section 3726(d), strike ‘‘miscellaneous receipt’’ and substitute

19 ‘‘miscellaneous receipts’’.

20 (O) In section 3729(e), strike ‘‘1954’’ and substitute ‘‘1986’’.

21 (P) In section 3730(e)(2)(B), strike ‘‘section paragraphs (1)’’ and

22 substitute ‘‘paragraphs (1)’’.

23 (Q) In section 3801(a)(7)(B)(ii), strike ‘‘section 3803 of such title’’

24 and substitute ‘‘section 3803 of this title’’.

25 (R) In section 5112(h), strike ‘‘title 31, United States Code’’ and

26 substitute ‘‘this title’’.

27 (S) In section 6101(4)(B), strike ‘‘agency’’ and substitute ‘‘agency.’’.

28 (T) In the catchline of section 6202, strike ‘‘form’’ and substitute

29 ‘‘form,’’.

30 (U)(i) At the end of the analysis of chapter 69, add the following

31 new item:

‘‘6907. State legislation requiring reallocation or redistribution of payments to smaller units

of general purpose government.’’.

32 (ii) Section 6907 is amended by adding before subsection (a) the fol33 lowing:

34 ‘‘§ 6907. State legislation requiring reallocation or redis35 tribution of payments to smaller units of general

36 purpose government’’.

37 (V) In section 7102(3), strike ‘‘politicial’’ and substitute ‘‘political’’.

38 (W) Section 7502 is amended as follows:
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1 (i) In subsection (b)(2)(A), strike ‘‘the date of enactment of this

2 chapter’’ and substitute ‘‘October 19, 1984’’.

3 (ii) In subsection (b)(2)(B), strike ‘‘such date’’ and substitute

4 ‘‘October 19, 1984’’.

5 (iii) In subsection (d), strike paragraph (5) and redesignate

6 paragraph (6) as paragraph (5).

7 (iv) In subsection (g), strike ‘‘section 3512(b)’’ and substitute

8 ‘‘section 3512(c)’’.

9 (X) In section 7503(a), strike ‘‘To the extend’’ and substitute ‘‘To

10 the extent’’.

11 (Y)(i) Subtitle V is amended by adding at the end of the subtitle

12 the following new chapter:

13 ‘‘CHAPTER 77—LOAN REQUIREMENTS

‘‘Sec.

‘‘7701. Taxpayer identifying number.

14 ‘‘§ 7701. Taxpayer identifying number

15 ‘‘(a) In this section—

16 ‘‘(1) ‘included Federal loan program’ has the same meaning given

17 that term in section 6103(l)(3)(C) of the Internal Revenue Code of

18 1986 (26 U.S.C. 6103(l)(3)(C)).

19 ‘‘(2) ‘taxpayer identifying number’ means the identifying number re20 quired under section 6109 of the Internal Revenue Code of 1986 (26

21 U.S.C. 6109).

22 ‘‘(b) The head of an agency administering an included Federal loan pro23 gram shall require a person applying for a loan under the program to pro24 vide that person’s taxpayer identifying number.’’.

25 (ii) The analysis of subtitle V is amended by adding immediately

26 after item 75 the following new item:

‘‘77. Loan Requirements .......................................................................................... 7701’’.

27 (Z) In section 9101(2)(K), strike ‘‘The’’ and substitute ‘‘the’’.

28 (AA) In section 9110(e)(1), strike ‘‘subparagraph’’ and substitute

29 ‘‘section’’.

30 (2) Effective December 22, 1987, section 407 of The Judiciary Appro31 priation Act, 1988 (Public Law 100–202, 101 Stat. 1329–26), is amended

32 to read as follows:

33 ‘‘Sec. 407. Section 1344 of title 31, United States Code, is amended as

34 follows:

35 ‘‘(1) In subsection (b)—

36 ‘‘(A) redesignate clauses (2)–(8) as clauses (3)–(9), respectively;

37 ‘‘(B) insert below clause (1) the following:
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1 ‘‘ ‘(2) the Chief Justice and the Associate Justices of the Su2 preme Court;’;

3 ‘‘(C) in clause (3)(B), as redesignated by clause (A) of this

4 paragraph, strike ‘subparagraph (A) of this paragraph’ and sub5 stitute ‘subclause (A) of this clause’; and

6 ‘‘(D) in the last sentence, strike ‘paragraph (8)’ and substitute

7 ‘clause (9)’.

8 ‘‘(2) In subsection (d)—

9 ‘‘(A) in paragraphs (1) and (2), strike ‘paragraph (8) of sub10 section (b)’ wherever it appears and substitute ‘subsection (b)(9)

11 of this section’;

12 ‘‘(B) in paragraph (3), strike ‘subsections (a)(2), (b)(2)(B), and

13 (b)(8)’ and ‘subsection (b)(8)’ and substitute ‘subsections (a)(2)

14 and (b)(3)(B) and (9)’ and ‘subsection (b)(9)’, respectively; and

15 ‘‘(C) in paragraph (4), strike ‘paragraphs (1), (2)(B), and (8)

16 of subsection (b)’ and ‘paragraph (8) of subsection (b), and the

17 expected duration of any authorization under such paragraph’ and

18 substitute ‘subsection (b)(1), (3)(B), and (9) of this section’ and

19 ‘subsection (b)(9), and the expected duration of any authorization

20 under subsection (b)(9)’, respectively.

21 ‘‘(3) In subsection (e)(1), strike ‘(b)(8)’ and substitute ‘(b)(9)’.’’.

22 (3) Effective September 27, 1988, the last sentence of the paragraph

23 headed ‘‘PAYMENTS IN LIEU OF TAXES’’ in title I of the Act of Sep24 tember 27, 1988 (Public Law 100–446, 102 Stat. 1775), is amended to

25 read as follows: ‘‘Section 6901(2)(A) of title 31, United States Code, is

26 amended by striking ‘existing in Alaska on October 20, 1976’.’’.

27 (g) Title 39, United States Code, is amended as follows:

28 (1) In section 5007—

29 (A) insert the subsection designation ‘‘(a)’’ at the beginning of

30 the text of the section; and

31 (B) add at the end of the section the following new subsection:

32 ‘‘(b)(1) In this subsection, ‘air carrier’ and ‘aircraft’ have the same mean33 ings given those terms in section 40102(a) of title 49.

34 ‘‘(2) An air carrier engaged in transporting mail shall carry without

35 charge on any plane it operates those agents and officers of the Postal Serv36 ice traveling on official business related to transporting mail by aircraft, as

37 prescribed by regulations of the Secretary of Transportation, on exhibiting

38 credentials.’’.

39 (2) Amend section 5402 as follows:

40 (A) In subsection (a), strike ‘‘section 1302’’ and substitute

41 ‘‘section 40101(a)’’.
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1 (B) In subsection (b), strike ‘‘sections 1371(k) and 1386(b)’’,

2 ‘‘sections 1301–1542’’, and ‘‘sections 1371–1386’’ and substitute

3 ‘‘sections 40109(a) and (c)–(h) and 42112’’, ‘‘part A of subtitle

4 VII’’, and ‘‘chapters 411 and 413’’, respectively.

5 (C) In subsection (d)—

6 (i) insert ‘‘determine rates and’’ after ‘‘may’’; and

7 (ii) strike ‘‘and overseas’’.

8 (D) In subsection (e)—

9 (i) strike ‘‘ ‘overseas air transportation’,’’; and

10 (ii) strike ‘‘section 101 of the Federal Aviation Act of 1958

11 (49 U.S.C. 1301)’’ and substitute ‘‘section 40102(a) of title

12 49’’.

13 (h) Section 382 of the Energy Policy and Conservation Act (42 U.S.C.

14 6362) is amended as follows:

15 (1) Strike subsection (a) and substitute the following:

16 ‘‘(a) In this section, ‘agency’ means—

17 ‘‘(1) the Department of Transportation with respect to part A of

18 subtitle VII of title 49, United States Code;

19 ‘‘(2) the Interstate Commerce Commission;

20 ‘‘(3) the Federal Maritime Commission; and

21 ‘‘(4) the Federal Power Commission.’’.

22 (2) In subsection (b), strike ‘‘subsection (a)(1)’’ and substitute ‘‘sub23 section (a)’’.

24 (i) The Act of April 22, 1908 (45 U.S.C. 51 et seq.), is amended by in25 serting immediately after section 4 the following new section:

26 ‘‘SEC. 4A. A regulation, standard, or requirement in force, or prescribed

27 by the Secretary of Transportation under chapter 201 of title 49, United

28 States Code, or by a State agency that is participating in investigative and

29 surveillance activities under section 20105 of title 49, is deemed to be a

30 statute under sections 3 and 4 of this Act.’’.

31 (j) Title 49, United States Code, is amended as follows:

32 (1) In section 102, redesignate subsection (e), as enacted by section

33 1(b) of the Act of January 12, 1983 (Public Law 97–449, 96 Stat.

34 2414), as subsection (f).

35 (2) In section 104(b)(1), strike ‘‘Admininstrator’’ and substitute

36 ‘‘Administrator’’.

37 (3) Amend section 106 as follows:

38 (A) In subsection (f), strike ‘‘Secretary shall’’ and substitute

39 ‘‘Secretary of Transportation shall’’.

40 (B) Subsection (g) is amended to read as follows:
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1 ‘‘(g) DUTIES AND POWERS OF ADMINISTRATOR.—(1) Except as provided

2 in paragraph (2) of this subsection, the Administrator shall carry out—

3 ‘‘(A) duties and powers of the Secretary of Transportation under

4 subsection (f) of this section related to aviation safety (except those re5 lated to transportation, packaging, marking, or description of hazard6 ous material) and stated in sections 308(b), 1132(c) and (d), 40101(c),

7 40103(b), 40106(a), 40108, 40109(b), 40113(a), (c), and (d),

8 40114(a), 40119, 44501(a) and (c), 44502(a)(1), (b), and (c), 44504,

9 44505, 44507, 44508, 44511–44513, 44701–44716, 44718(c),

10 44721(a), 44901, 44902, 44903(a)–(c) and (e), 44906, 44912, 44935–

11 44937, and 44938(a) and (b), chapter 451, sections 45302, 45303,

12 46104, 46301(d) and (h)(2), 46303(c), 46304–46308, 46310, 46311,

13 and 46313–46316, chapter 465, and sections 47504(b)(related to flight

14 procedures), 47508(a), and 48107 of this title; and

15 ‘‘(B) additional duties and powers prescribed by the Secretary of

16 Transportation.

17 ‘‘(2) In carrying out sections 40119, 44901, 44903(a)–(c) and (e), 44906,

18 44912, 44935–44937, 44938(a) and (b), and 48107 of this title, paragraph

19 (1)(A) of this subsection does not apply to duties and powers vested in the

20 Director of Intelligence and Security by section 44931 of this title.’’.

21 (C) In subsection (k), insert ‘‘to the Secretary of Transpor22 tation’’ immediately after ‘‘appropriated’’.

23 (4) In section 108(a)—

24 (A) strike—

25 ‘‘(a) Except when operating as a service in the Navy, the’’

26 and substitute—

27 ‘‘(a)(1) The’’; and

28 (B) add at the end of subsection (a) the following new para29 graph:

30 ‘‘(2) Notwithstanding paragraph (1) of this subsection, the Coast Guard,

31 together with the duties and powers of the Coast Guard, shall operate as

32 a service in the Navy as provided under section 3 of title 14.’’.

33 (5)(A) In section 110(a), strike ‘‘St. Lawrence’’ and substitute

34 ‘‘Saint Lawrence’’.

35 (B) In the analysis of chapter 1, strike—

‘‘110. St. Lawrence Seaway Development Corporation.

‘‘110. Saint Lawrence Seaway Development Corporation.

‘‘111. Bureau of Transportation Statistics.’’.

36 and substitute—

‘‘110. Saint Lawrence Seaway Development Corporation.

‘‘111. Bureau of Transportation Statistics.’’.
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1 (6)(A) Chapter 3 is amended by inserting immediately after section

2 303 the following new section:

3 ‘‘§ 303a. Development of water transportation

4 ‘‘(a) POLICY.—It is the policy of Congress—

5 ‘‘(1) to promote, encourage, and develop water transportation, serv6 ice, and facilities for the commerce of the United States; and

7 ‘‘(2) to foster and preserve rail and water transportation.

8 ‘‘(b) DEFINITION.—In this section, ‘inland waterway’ includes the Great

9 Lakes.

10 ‘‘(c) REQUIREMENTS.—The Secretary of Transportation shall—

11 ‘‘(1) investigate the types of vessels suitable for different classes of

12 inland waterways to promote, encourage, and develop inland waterway

13 transportation facilities for the commerce of the United States;

14 ‘‘(2) investigate water terminals, both for inland waterway traffic

15 and for through traffic by water and rail, including the necessary

16 docks, warehouses, and equipment, and investigate railroad spurs and

17 switches connecting with those water terminals, to develop the types

18 most appropriate for different locations and for transferring passengers

19 or property between water carriers and rail carriers more expeditiously

20 and economically;

21 ‘‘(3) consult with communities, cities, and towns about the location

22 of water terminals, and cooperate with them in preparing plans for ter23 minal facilities;

24 ‘‘(4) investigate the existing status of water transportation on the

25 different inland waterways of the United States to learn the extent to

26 which—

27 ‘‘(A) the waterways are being used to their capacity and are

28 meeting the demands of traffic; and

29 ‘‘(B) water carriers using those waterways are interchanging

30 traffic with rail carriers;

31 ‘‘(5) investigate other matters that may promote and encourage in32 land water transportation; and

33 ‘‘(6) compile, publish, and distribute information about transpor34 tation on inland waterways that the Secretary considers useful to the

35 commercial interests of the United States.’’.

36 (B) The analysis of chapter 3 is amended by inserting immediately

37 after item 303 the following new item:

‘‘303a. Development of water transportation.’’.

38 (7) Amend section 329 as follows:

39 (A) In subsection (b)(1)—
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1 (i) strike ‘‘title VII of the Federal Aviation Act of 1958 (49

2 U.S.C. 1441 et seq.)’’ and substitute ‘‘chapter 11 of this

3 title’’;

4 (ii) strike ‘‘and overseas’’ and ‘‘or overseas’’ wherever it ap5 pears; and

6 (iii) strike ‘‘section 419 of the Federal Aviation Act of

7 1958’’ and substitute ‘‘subchapter II of chapter 417 of this

8 title’’.

9 (B) In subsection (d), strike ‘‘the Federal Aviation Act of 1958

10 (49 App. U.S.C. 1301 et seq.)’’ and substitute ‘‘part A of subtitle

11 VII of this title’’.

12 (8) In section 331(b), strike ‘‘services, supplies, and facilities pro13 vided under subsection (a)(1), (2), and (3) of this section’’ and sub14 stitute ‘‘medical treatment provided under subsection (a)(1) of this sec15 tion and for supplies and services provided under subsection (a)(2) and

16 (3) of this section’’.

17 (9)(A) Sections 334 and 335 are repealed.

18 (B) Items 334 and 335 in the analysis of chapter 3 are repealed.

19 (10)(A) Chapter 3 is amended by adding immediately after section

20 336 the following:

21 ‘‘§ 337. Budget request for the Director of Intelligence and

22 Security

23 ‘‘The annual budget the Secretary of Transportation submits shall in24 clude a specific request for the Office of the Director of Intelligence and

25 Security. In deciding on the budget request for the Office, the Secretary

26 shall consider recommendations in the annual report submitted under sec27 tion 44938(a) of this title.

28 ‘‘SUBCHAPTER III—MISCELLANEOUS

29 ‘‘§ 351. Judicial review of actions in carrying out certain

30 transferred duties and powers

31 ‘‘(a) JUDICIAL REVIEW.—An action of the Secretary of Transportation

32 in carrying out a duty or power transferred under the Department of Trans33 portation Act (Public Law 89–670, 80 Stat. 931), or an action of the Ad34 ministrator of the Federal Railroad Administration, the Federal Highway

35 Administration, or the Federal Aviation Administration in carrying out a

36 duty or power specifically assigned to the Administrator by that Act, may

37 be reviewed judicially to the same extent and in the same way as if the ac38 tion had been an action by the department, agency, or instrumentality of

39 the United States Government carrying out the duty or power immediately

40 before the transfer or assignment.
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1 ‘‘(b) APPLICATION OF PROCEDURAL REQUIREMENTS.—A statutory re2 quirement related to notice, an opportunity for a hearing, action on the

3 record, or administrative review that applied to a duty or power transferred

4 by the Act applies to the Secretary or Administrator when carrying out the

5 duty or power.

6 ‘‘(c) NONAPPLICATION.—This section does not apply to a duty or power

7 transferred from the Interstate Commerce Commission to the Secretary

8 under section 6(e)(1)–(4) and (6)(A) of the Act.

9 ‘‘§ 352. Authority to carry out certain transferred duties and

10 powers

11 ‘‘In carrying out a duty or power transferred under the Department of

12 Transportation Act (Public Law 89–670, 80 Stat. 931), the Secretary of

13 Transportation and the Administrators of the Federal Railroad Administra14 tion, the Federal Highway Administration, and the Federal Aviation Admin15 istration have the same authority that was vested in the department, agen16 cy, or instrumentality of the United States Government carrying out the

17 duty or power immediately before the transfer. An action of the Secretary

18 or Administrator in carrying out the duty or power has the same effect as

19 when carried out by the department, agency, or instrumentality.

20 ‘‘§ 353. Toxicological testing of officers and employees

21 ‘‘(a) COLLECTING SPECIMENS.—When the Secretary of Transportation or

22 the head of a component of the Department of Transportation conducts

23 post-accident or post-incident toxicological testing of an officer or employee

24 of the Department, the Secretary or head shall collect the specimen from

25 the officer or employee as soon as practicable after the accident or incident.

26 The Secretary or head shall try to collect the specimen not later than 4

27 hours after the accident or incident.

28 ‘‘(b) REPORTS.—The head of each component shall submit a report to the

29 Secretary on the circumstances about the amount of time required to collect

30 the specimen for a toxicological test conducted on an officer or employee

31 who is reasonably associated with the circumstances of an accident or inci32 dent under the investigative jurisdiction of the National Transportation

33 Safety Board.

34 ‘‘(c) NONCOMPLIANCE NOT A DEFENSE.—An officer or employee re35 quired to submit to toxicological testing may not assert failure to comply

36 with this section as a claim, cause of action, or defense in an administrative

37 or judicial proceeding.’’.

38 (B) The analysis of chapter 3 is amended by adding immediately

39 after item 336 the following:

‘‘337. Budget request for the Director of Intelligence and Security.
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‘‘SUBCHAPTER III—MISCELLANEOUS

‘‘351. Judicial review of actions in carrying out certain transferred duties and powers.

‘‘352. Authority to carry out certain transferred duties and powers.

‘‘353. Toxicological testing of officers and employees.’’.

1 (11)(A) In section 501(a), strike clauses (4)–(9).

2 (B) Strike section 508.

3 (C) In the analysis of chapter 105, strike the item related to section

4 508.

5 (D) In section 521(b)(2)(A), strike ‘‘section 508’’ and substitute

6 ‘‘chapter 59’’.

7 (12) In sections 502(e)(2) and 10321(d)(3), insert ‘‘judge’’ after

8 ‘‘United States magistrate’’.

9 (13) Section 10362(b)(5) is amended to read as follows:

10 ‘‘(5) prescribe regulations that contain standards for the computa11 tion of subsidies for rail passenger transportation (except passenger

12 transportation compensation disputes subject to the jurisdiction of the

13 Commission under sections 24308(a) and 24903(c)(2) of this title) that

14 are consistent with the compensation principles described in the final

15 system plan established under the Regional Rail Reorganization Act of

16 1973 (45 U.S.C. 701 et seq.) and that avoid cross–subsidization among

17 commuter, intercity, and freight rail transportation;’’.

18 (14) In sections 10363(c) and 10383(c), strike ‘‘rate for GS–18’’

19 and substitute ‘‘maximum rate payable under section 5376 of title 5’’.

20 (15) In section 10501(d)—

21 (A) strike ‘‘procedures of this title’’ and substitute ‘‘procedures

22 of this subtitle’’; and

23 (B) strike ‘‘provided in this title’’ and substitute ‘‘provided in

24 this subtitle’’.

25 (16) In section 10504—

26 (A) strike ‘‘local public body’’ wherever it appears and sub27 stitute ‘‘local governmental authority’’;

28 (B) strike ‘‘rail mass transportation’’ wherever it appears and

29 substitute ‘‘mass transportation’’;

30 (C) in subsection (a)(1)(A), strike ‘‘section 1608(c)(2)’’ and

31 substitute ‘‘section 5302(a)’’; and

32 (D) in subsection (a)(2), strike ‘‘section 1608(c)(5)’’ and sub33 stitute ‘‘section 5302(a)’’.

34 (17) In section 10526(a)—

35 (A) in clause (8)(B), strike ‘‘Civil Aeronautics Board or its suc36 cessor agency’’ and substitute ‘‘Secretary of Transportation’’;

37 (B) in clause (10), strike ‘‘work.’’ and substitute ‘‘work;’’;

38 (C) in clause (13), strike ‘‘or’’; and
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1 (D) in clause (14), strike ‘‘title.’’ and substitute ‘‘title; or’’.

2 (18) In section 10530(i)(3), strike ‘‘notifed’’ and substitute ‘‘noti3 fied’’.

4 (19) In section 10701a(b)(3), strike ‘‘policy of this title’’ and sub5 stitute ‘‘policy of this subtitle’’.

6 (20) In section 10705a(g)(3)—

7 (A) before clause (A), strike ‘‘provision of this title’’ and sub8 stitute ‘‘provision of this subtitle’’; and

9 (B) in clause (A), strike ‘‘service over any rate’’ and substitute

10 ‘‘service over any route’’.

11 (21) In section 10707(d)—

12 (A) in paragraph (2), strike ‘‘under this title’’ and substitute

13 ‘‘under this subtitle’’; and

14 (B) in paragraph (3), strike ‘‘title’’ wherever it appears and

15 substitute ‘‘subtitle’’.

16 (22) In section 10707a(b)(1), strike ‘‘paragraph (2)’’ and substitute

17 ‘‘paragraph (3)’’.

18 (23) In section 10731(e), strike ‘‘provision of this title’’ and sub19 stitute ‘‘provision of this subtitle’’.

20 (24) In section 10749(b)(2), strike ‘‘Civil Aeronautics Board under

21 the Federal Aviation Act of 1958 (49 App. U.S.C. 1301 et seq.)’’ and

22 substitute ‘‘Secretary of Transportation under part A of subtitle VII

23 of this title’’.

24 (25) In section 10751(b), strike ‘‘purposes of this title’’ and sub25 stitute ‘‘purposes of this subtitle’’.

26 (26) In section 10905(d)(1) and (e), strike ‘‘government authority’’

27 and substitute ‘‘governmental authority’’.

28 (27) In section 10910—

29 (A) in subsection (a)(1), strike ‘‘government authority’’ and

30 substitute ‘‘governmental authority’’; and

31 (B) in subsection (g)(1), strike ‘‘provisions of this title’’ and

32 substitute ‘‘provisions of this subtitle’’.

33 (28) In section 10924(e), insert ‘‘of’’ after ‘‘protection’’.

34 (29) In the analysis of chapter 111—

35 (A) in item 11128, strike ‘‘Water’’ and substitute ‘‘War’’; and

36 (B) in item 11142, strike ‘‘systems’’ and substitute ‘‘system’’.

37 (30) In section 11162(a), strike ‘‘proceedings under this title’’ and

38 substitute ‘‘proceedings under this subtitle’’.

39 (31) In section 11163, strike ‘‘purposes of this title’’ and substitute

40 ‘‘purposes of this subtitle’’.
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1 (32) In section 11166(a), strike ‘‘pursuant to this title’’ and sub2 stitute ‘‘under this subtitle’’.

3 (33) In section 11167, strike ‘‘under this title’’ and substitute

4 ‘‘under this subtitle’’.

5 (34) In section 11501(b)(3)(A), strike ‘‘title’’ and substitute ‘‘sub6 title’’.

7 (35) In section 11909(b), strike ‘‘1966,,’’ and substitute ‘‘1966,’’.

8 (k) Effective January 1, 1999, the following sections of title 49, United

9 States Code, as enacted by section 1 of this Act, are amended as follows:

10 (1) In sections 41107, 41901(b)(1), 41902(a), and 41903,

11 strike ‘‘transportation or between places in Alaska’’ wherever it

12 appears and substitute ‘‘transportation’’.

13 (2) Strike section 41901(g).

14 (3) In section 41902(b)—

15 (A) strike clause (3); and

16 (B) in clause (4), strike ‘‘clauses (1)–(3)’’ and substitute

17 ‘‘clauses (1) and (2)’’.

18 (l) The Act of June 29, 1940 (ch. 444, 54 Stat. 686), is amended as

19 follows:

20 (1) Except as provided in paragraphs (2) and (3) of this subsection,

21 strike ‘‘Administrator’’ wherever it appears and substitute ‘‘Secretary’’.

22 (2) In subsection (a) of the first section, strike ‘‘ ‘Administrator’

23 means the Administrator of the Federal Aviation Agency’’ and sub24 stitute ‘‘ ‘Secretary’ means the Secretary of Transportation’’.

25 (3) In section 4(a), strike ‘‘Administrator, and any Federal Aviation

26 Agency’’ and substitute ‘‘Secretary, and any Department of Transpor27 tation’’.

28 (4) In section 6, strike ‘‘United States commissioner’’ wherever it

29 appears and substitute ‘‘United States magistrate judge’’.

30 (m) The Act of September 7, 1950 (ch. 905, 64 Stat. 770), is amended

31 as follows:

32 (1) Except as provided in paragraph (2) of this subsection, strike

33 ‘‘Administrator’’ wherever it appears and substitute ‘‘Secretary’’.

34 (2) In the first section, strike ‘‘Administrator of the Federal Aviation

35 Agency’’ and ‘‘ ‘Administrator’ ’’ and substitute ‘‘Secretary of Trans36 portation’’ and ‘‘ ‘Secretary’ ’’, respectively.

37 (3) In sections 4 and 8(a), strike ‘‘Federal Aviation Agency’’ and

38 substitute ‘‘Department of Transportation’’.

39 (4) In section 8(d), strike ‘‘United States Commissioner’’ wherever

40 it appears and substitute ‘‘United States magistrate judge’’.
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1 (n) Section 101(1st complete par. on p. 646) of the Act of August 30,

2 1964 (Public Law 88–507, 78 Stat. 646), is amended by striking ‘‘Adminis3 trator of the Federal Aviation Agency’’ and substituting ‘‘Secretary of

4 Transportation’’.

5 (o) Section 9111 of the Anti-Drug Abuse Act of 1988 (Public Law 100–

6 690, 102 Stat. 4531) is amended as follows:

7 (1) In the introductory language of subsection (b)(1), strike ‘‘Sub8 section (b) of section 10530 of such title is amended by striking out

9 paragraph (1) and inserting in lieu thereof the following new para10 graph:’’ and substitute ‘‘Subsection (b)(1) of section 10530 of title 49

11 is amended to read as follows:’’.

12 (2) In subsection (b)(2), strike ‘‘Such subsection’’ and substitute

13 ‘‘Subsection (b) of section 10530’’.

14 (3) In the introductory language of subsection (f)(1), strike ‘‘Sub15 section (g) of such section is amended by striking out paragraph (1)

16 and inserting in lieu thereof the following:’’ and substitute ‘‘Subsection

17 (g)(1) of section 10530 of title 49 is amended to read as follows:’’.

18 (4) In subsection (f)(2), strike ‘‘Such subsection’’ and substitute

19 ‘‘Subsection (g) of section 10530’’.

20 (p) Section 4007(e) of the Intermodal Surface Transportation Efficiency

21 Act of 1991 (Public Law 102–240, 105 Stat. 2153) is amended by inserting

22 ‘‘and section 31307 of title 49, United States Code’’ immediately after ‘‘this

23 section’’.

24 (q) The revision of regulations, referred to in section 32705(b)(2)(A) of

25 title 49, United States Code, as enacted by section 1 of this Act, that is

26 required by section 7 of the Independent Safety Board Act Amendments of

27 1990 (Public Law 101–641, 104 Stat. 4657) shall be prescribed not later

28 than May 28, 1991.

29 (r) Section 165 of the Surface Transportation Assistance Act of 1982

30 (Public Law 97–424, 96 Stat. 2136) is amended as follows:

31 (1) In subsections (a) and (d), strike ‘‘the Urban Mass Transpor32 tation Act of 1964,’’.

33 (2) In subsection (b)—

34 (A) after the semicolon at the end of clause (2), add ‘‘or’’; and

35 (B) strike clause (3).

36 (s) Effective on the date the regulations required under section 60101(b)

37 of title 49, United States Code, as enacted by section 1 of this Act, are ef38 fective, section 60101(a)(21) and (22) of title 49, as enacted by section 1,

39 is amended to read as follows:

40 ‘‘(21) ‘transporting gas’—

41 ‘‘(A) means—
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1 ‘‘(i) the gathering, transmission, or distribution of gas by

2 pipeline, or the storage of gas, in interstate or foreign com3 merce; and

4 ‘‘(ii) the movement of gas through regulated gathering

5 lines; but

6 ‘‘(B) does not include gathering gas (except through regulated

7 gathering lines) in a rural area outside a populated area des8 ignated by the Secretary as a nonrural area.

9 ‘‘(22) ‘transporting hazardous liquid’—

10 ‘‘(A) means—

11 ‘‘(i) the movement of hazardous liquid by pipeline, or the

12 storage of hazardous liquid incidental to the movement of

13 hazardous liquid by pipeline, in or affecting interstate or for14 eign commerce; and

15 ‘‘(ii) the movement of hazardous liquid through regulated

16 gathering lines; but

17 ‘‘(B) does not include moving hazardous liquid through—

18 ‘‘(i) gathering lines (except regulated gathering lines) in a

19 rural area;

20 ‘‘(ii) onshore production, refining, or manufacturing facili21 ties; or

22 ‘‘(iii) storage or in-plant piping systems associated with on23 shore production, refining, or manufacturing facilities.’’.

24 (t)(1) Not later than March 3, 1995, the Secretary of Transportation

25 shall complete a regulatory proceeding to consider prescribing regulations to

26 improve the safety and working conditions of locomotive cabs. The proceed27 ing shall assess—

28 (A) the adequacy of Locomotive Crashworthiness Requirements

29 Standard S–580, or any successor standard, adopted by the Association

30 of American Railroads in 1989 in improving the safety of locomotive

31 cabs; and

32 (B) the extent to which environmental, sanitary, and other working

33 conditions in locomotive cabs affect productivity, health, and the safe

34 operation of locomotives.

35 (2) SUPPORTING RESEARCH AND ANALYSIS.—In support of the proceed36 ing required under paragraph (1) of this subsection, the Secretary shall con37 duct research and analysis, including computer modeling and full-scale crash

38 testing, as appropriate, to consider—

39 (A) the costs and benefits associated with equipping locomotives

40 with—

41 (i) braced collision posts;
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1 (ii) rollover protection devices;

2 (iii) deflection plates;

3 (iv) shatterproof windows;

4 (v) readily accessible crash refuges;

5 (vi) uniform sill heights;

6 (vii) anticlimbers, or other equipment designed to prevent over7 rides resulting from head-on locomotive collisions;

8 (viii) equipment to deter post-collision entry of flammable liq9 uids into locomotive cabs;

10 (ix) any other devices intended to provide crash protection for

11 occupants of locomotive cabs; and

12 (x) functioning and regularly maintained sanitary facilities; and

13 (B) the effects on train crews of the presence of asbestos in loco14 motive components.

15 (3) REPORT.—If, on the basis of the proceeding required under para16 graph (1) of this subsection, the Secretary decides not to prescribe regula17 tions, the Secretary shall report to Congress on the reasons for that deci18 sion.

19 (u) Not later than April 25, 1993, the Attorney General shall prescribe

20 the regulations required under section 33110(c) of title 49, United States

21 Code, as enacted by section 1 of this Act. Section 33110(b) of title 49 is

22 effective not later than 3 months after those regulations are prescribed but

23 not before the date on which the National Stolen Passenger Motor Vehicle

24 Information System established under section 33109 of title 49 is oper25 ational.

26 (v) Section 33111 of title 49, United States Code, as enacted by section

27 1 of this Act, is effective on the date on which the National Stolen Pas28 senger Motor Vehicle Information System is established under section

29 33109 of title 49.

30 CONFORMING CROSS-REFERENCES

31 Sec. 5. (a) Sections 551(1)(H) and 701(b)(1)(H) of title 5, United States

32 Code, are amended by striking ‘‘or sections 1622,’’ and substituting ‘‘sub33 chapter II of chapter 471 of title 49; or sections’’.

34 (b) Title 10, United States Code, is amended as follows:

35 (1) In section 2640—

36 (A) in subsections (a)(1)(A) and (d)(1)(B)(i), strike ‘‘title VI of

37 the Federal Aviation Act of 1958 (49 U.S.C. App. 1421 et seq.)’’

38 and substitute ‘‘chapter 447 of title 49’’; and

39 (B) in subsection (i), strike ‘‘sections 101(3), 101(5), 101(10),

40 and 101(15), respectively, of the Federal Aviation Act of 1958 (49
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1 U.S.C. App. 1301(3), 1301(5), 1301(10), and 1301(15))’’ and

2 substitute ‘‘section 40102(a) of title 49’’.

3 (2) In section 9511(1), strike ‘‘section 101 of the Federal Aviation

4 Act of 1958 (49 U.S.C. 1301)’’ and substitute ‘‘section 40102(a) of

5 title 49’’.

6 (3) In section 9512(b)(4), strike ‘‘section 501 of the Federal Avia7 tion Act of 1958 (49 U.S.C. App. 1401)’’ and substitute ‘‘section

8 44103 of title 49’’.

9 (c) Section 1110(a) of title 11, United States Code, is amended by strik10 ing ‘‘section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301)’’,

11 ‘‘subsection B(4) of the Ship Mortgage Act, 1920 (46 U.S.C. 911(4))’’, and

12 ‘‘Civil Aeronautics Board’’ and substituting ‘‘section 40102(a) of title 49’’,

13 ‘‘section 30101 of title 46’’, and ‘‘Secretary of Transportation’’, respectively.

14 (d) The last sentence of section 82 of title 14, United States Code, is

15 amended to read as follows: ‘‘Nothing in this title shall be deemed to limit

16 the authority granted by chapter 167 of title 10 or part A of subtitle VII

17 of title 49.’’.

18 (e) Title 18, United States Code, is amended as follows:

19 (1) In section 31, strike ‘‘the Federal Aviation Act of 1958, as

20 amended’’ and substitute ‘‘sections 40102(a) and 46501 of title 49’’.

21 (2) In the last sentence of sections 112(e), 878(d), 1116(c), and

22 1201(e), strike ‘‘section’’ and all that follows and substitute ‘‘section

23 46501(2) of title 49.’’.

24 (3) In section 511(c)—

25 (A) in clause (1), strike ‘‘the National Traffic and Motor Vehi26 cle Safety Act of 1966, or the Motor Vehicle Information and Cost

27 Savings Act’’ and substitute ‘‘chapter 301 and part C of subtitle

28 VI of title 49’’; and

29 (B) in clause (2), strike ‘‘section 2 of the Motor Vehicle Infor30 mation and Cost Savings Act’’ and substitute ‘‘section 32101 of

31 title 49’’.

32 (4) In section 512(a)(2)(A), strike ‘‘the National Traffic and Motor

33 Vehicle Safety Act of 1966’’ and substitute ‘‘chapter 301 of title 49’’.

34 (5) In section 553(c)—

35 (A) in clause (1), strike ‘‘section 2 of the Motor Vehicle Infor36 mation and Cost Savings Act’’ and substitute ‘‘section 32101 of

37 title 49’’; and

38 (B) in clause (4), strike ‘‘section 101 of the Federal Aviation

39 Act of 1958 (49 U.S.C. App. 1301)’’ and substitute ‘‘section

40 40102(a) of title 49’’.
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1 (6) In section 831(c)(1), strike ‘‘section 101 of the Federal Aviation

2 Act of 1958 (49 U.S.C. 1301)’’ and substitute ‘‘section 46501 of title

3 49’’.

4 (7) In section 844(g)(2)(B), strike ‘‘the Hazardous Materials Trans5 portation Act (49 App. U.S.C. 1801, et seq.)’’ and substitute ‘‘chapter

6 51 of title 49’’.

7 (8) In section 1201(a)(3), strike ‘‘section’’ and all that follows and

8 substitute ‘‘section 46501 of title 49;’’.

9 (9) In section 1366(c), strike ‘‘interstate transmission facilities, as

10 defined in section 2 of the Natural Gas Pipeline Safety Act of 1968’’

11 and substitute ‘‘an interstate gas pipeline facility as defined in section

12 60101 of title 49’’.

13 (10) In section 2318(c)(1), strike ‘‘section 101 of the Federal Avia14 tion Act of 1958’’ and substitute ‘‘section 46501 of title 49’’.

15 (11) In section 2516(1)(j), strike ‘‘section’’ and all that follows and

16 substitute ‘‘section 60123(b) (relating to destruction of a natural gas

17 pipeline) or 46502 (relating to aircraft piracy) of title 49;’’.

18 (12) In section 3663(a)(1), strike ‘‘under subsection (h), (i), (j), or

19 (n) of section 902 of the Federal Aviation Act of 1958 (49 U.S.C.

20 1472)’’ and substitute ‘‘section 46312, 46502, or 46504 of title 49’’.

21 (f) Title 23, United State Code, is amended as follows:

22 (1) In section 103(e)(4)(L)—

23 (A) in clause (i), strike ‘‘the Urban Mass Transportation Act

24 of 1964’’ and substitute ‘‘chapter 53 of title 49’’; and

25 (B) in clause (ii), strike ‘‘section 3(e)(4) of the Urban Mass

26 Transportation Act of 1964’’ and substitute ‘‘section

27 5323(a)(1)(D) of title 49’’.

28 (2) In section 142—

29 (A) in subsection (a)(2), strike ‘‘the Federal Transit Act’’ and

30 substitute ‘‘chapter 53 of title 49’’;

31 (B) in subsection (h), strike ‘‘the Urban Mass Transportation

32 Act of 1964, as amended’’ and substitute ‘‘chapter 53 of title 49’’;

33 and

34 (C) in subsection (i), strike ‘‘section 3(e)(4) of the Urban Mass

35 Transportation Act of 1964, as amended,’’ and substitute ‘‘section

36 5323(a)(1)(D) of title 49’’.

37 (3) In section 157(a)(2) and (3)(A), strike ‘‘section 404 of the Sur38 face Transportation Assistance Act of 1982’’ and substitute ‘‘section

39 31104 of title 49’’.

40 (g) The Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.) is amended

41 as follows:
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1 (1) In section 4064(b)(1)(B), strike ‘‘section 501 of the Motor Vehi2 cle Information and Cost Savings Act (15 U.S.C. 2001)’’ and sub3 stitute ‘‘section 32901 of title 49, United States Code,’’.

4 (2) In section 4261(e) and (f)(2), strike ‘‘the Airport and Airway

5 Improvement Act of 1982’’ and substitute ‘‘section 44509 or 44913(b)

6 or subchapter I of chapter 471 of title 49, United States Code,’’.

7 (3) In section 9502(d)(1)(B), strike ‘‘the Federal Aviation Act of

8 1958, as amended (49 U.S.C. 1301 et seq.),’’ and substitute ‘‘part A

9 of subtitle VII of title 49, United States Code,’’.

10 (h) Section 2342(7) of title 28, United States Code, is amended by strik11 ing ‘‘described in section 202(f) of the Federal Railroad Safety Act of

12 1970’’ and substituting ‘‘taken by the Secretary of Transportation under

13 chapter 51 or 57 or part A of subtitle V of title 49’’.

14 (i) Title 31, United States Code, is amended as follows:

15 (1) In section 3711(c)(2), strike ‘‘section 6 of the Act of March 2,

16 1893 (45 U.S.C. 6), section 4 of the Act of April 14, 1910 (45 U.S.C.

17 13), section 9 of the Act of February 17, 1911 (45 U.S.C. 34), and

18 section 25(h) of the Interstate Commerce Act (49 App. U.S.C. 26(h))’’

19 and substitute ‘‘section 21302 of title 49 for a violation of chapter 203,

20 205, or 207 of title 49 or a regulation or requirement prescribed or

21 order issued under any of those chapters’’.

22 (2) In section 3726(b)(1), strike ‘‘the Federal Aviation Act of 1958’’

23 and substitute ‘‘section 40102(a) of title 49’’.

24 (j) Section 210(a)(4) of title 35, United States Code, is amended by strik25 ing ‘‘section 106(c) of the National Traffic and Motor Vehicle Safety Act

26 of 1966 (15 U.S.C. 1395(c); 80 Stat. 721)’’ and substituting ‘‘section

27 30168(e) of title 49’’.

28 (k) Title 39, United States Code, is amended as follows:

29 (1) In section 3401(b) and (c), strike ‘‘section 1376’’ and substitute

30 ‘‘section 41901’’.

31 (2) In section 5005(b)(3), strike ‘‘section 101 of the Federal Avia32 tion Act of 1958’’ and substitute ‘‘section 40102(a) of title 49’’.

33 (3) In section 5401(b), strike ‘‘sections 1301–1542’’ and substitute

34 ‘‘part A of subtitle VII’’.

35 (l) Section 2101(14)(C) of title 46, United States Code, is amended by

36 striking ‘‘section 104 of the Hazardous Materials Transportation Act (49

37 App. U.S.C. 1803)’’ and substituting ‘‘section 5103(a) of title 49’’.

38 (m) Title 49, United States Code, is amended as follows:

39 (1) In section 103(c)(1), strike ‘‘section 6(e)(1), (2), and (6)(A) of

40 the Department of Transportation Act (49 App. U.S.C. 1655(e)(1),

41 (2), and (6)(A))’’ and substitute ‘‘section 20134(c) and chapters 203–
767

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1 211 of this title, and chapter 213 of this title in carrying out chapters

2 203–211’’.

3 (2) In section 104(c)(2), strike ‘‘31’’ and substitute ‘‘315’’.

4 (3) In section 105(d), strike ‘‘the National Traffic and Motor Vehicle

5 Safety Act of 1966 (15 U.S.C. 1381 et seq.)’’ and substitute ‘‘chapter

6 301 of this title’’.

7 (4) In section 106—

8 (A) in subsection (h), strike ‘‘Section 103 of the Federal Avia9 tion Act of 1958 (49 App. U.S.C. 1303)’’ and substitute ‘‘Section

10 40101(d) of this title’’; and

11 (B) in subsection (j), strike ‘‘section 312(e) of the Federal Avia12 tion Act of 1958’’ and substitute ‘‘section 44507 of this title’’.

13 (5) In section 109(a) and (b), insert ‘‘App.’’ immediately after

14 ‘‘(46’’.

15 (6) In section 302(b), strike ‘‘Subtitle I and chapter 31 of subtitle

16 II of this title and the Department of Transportation Act (49 App.

17 U.S.C. 1651 et seq.)’’ and substitute ‘‘This subtitle and chapters 221

18 and 315 of this title’’.

19 (7) In section 306(b), strike ‘‘section 332 or 333 of this title, section

20 211 or 216 of the Regional Rail Reorganization Act of 1973 (45

21 U.S.C. 721, 726), title V or VII of the Railroad Revitalization and

22 Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq., 851 et seq.),

23 or section 4(i) or 5 of the Department of Transportation Act (49 App.

24 U.S.C. 1653(i), 1654)’’ and substitute ‘‘section 332 or 333 or chapter

25 221 or 249 of this title, section 211 or 216 of the Regional Rail Reor26 ganization Act of 1973 (45 U.S.C. 721, 726), or title V of the Railroad

27 Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et

28 seq.)’’.

29 (8) In section 321, strike ‘‘section 101(2), (4), and (8) of the Fed30 eral Aviation Act of 1958 (49 App. U.S.C. 1301(2), (4), (8))’’ and sub31 stitute ‘‘section 40102(a) of this title’’.

32 (9) In section 501—

33 (A) in subsection (a)(2), strike ‘‘section 3101’’ and substitute

34 ‘‘section 31501’’;

35 (B) in subsection (a)(3), strike ‘‘section 3102(c)’’ and substitute

36 ‘‘section 31502(c)’’; and

37 (C) strike subsection (b) and substitute the following:

38 ‘‘(b) APPLICATION.—This chapter only applies in carrying out sections

39 20302(a)(1)(B) and (C), (2), and (3), (c), and (d)(1) and 20303 and chap40 ters 205 (except section 20504(b)), 211, 213 (in carrying out those sections

41 and chapters), and 315 of this title.’’.
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1 (10) In section 507(c), strike ‘‘section 3102 of this title or the Motor

2 Carrier Safety Act of 1984’’ and ‘‘such section or Act’’ and substitute

3 ‘‘subchapter III of chapter 311 (except sections 31138 and 31139) or

4 section 31502 of this title’’ and ‘‘any of those provisions’’, respectively.

5 (11) In section 521(b)—

6 (A) in paragraph (1)(A), strike ‘‘section 3102 of this title or the

7 Motor Carrier Safety Act of 1984 or section 12002, 12003,

8 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle

9 Safety Act of 1986’’ and ‘‘such sections or Act’’ and substitute ‘‘a

10 provision of subchapter III of chapter 311 (except sections 31138

11 and 31139) or section 31302, 31303, 31304, 31305(b),

12 31310(g)(1)(A), or 31502 of this title’’ and ‘‘any of those provi13 sions’’, respectively;

14 (B) in paragraph (2)(A), strike ‘‘pursuant to section 3102 of

15 this title or the Motor Carrier Safety Act of 1984’’ and substitute

16 ‘‘under subchapter III of chapter 311 (except sections 31138 and

17 31139) or section 31502 of this title’’;

18 (C) in paragraph (2)(B), strike ‘‘section 12002, 12003, 12004,

19 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety

20 Act of 1986’’ and substitute ‘‘section 31302, 31303, 31304,

21 31305(b), or 31310(g)(1)(A) of this title’’;

22 (D) in paragraph (3), strike ‘‘section 3102 of this title or the

23 Motor Carrier Safety Act of 1984 or section 12002, 12003,

24 12004, or 12005(b) of the Commercial Motor Vehicle Safety Act

25 of 1986’’ and substitute ‘‘subchapter III of chapter 311 (except

26 sections 31138 and 31139) or section 31302, 31303, 31304,

27 31305(b), or 31502 of this title’’;

28 (E) in paragraph (5)(A), strike ‘‘section 3102 of this title or the

29 Motor Carrier Safety Act of 1984 or section 12002, 12003,

30 12004, or 12005(b) of the Commercial Motor Vehicle Safety Act

31 of 1986’’ and ‘‘such sections or Act’’ and substitute ‘‘a provision

32 of subchapter III of chapter 311 (except sections 31138 and

33 31139) or section 31302, 31303, 31304, 31305(b), or 31502 of

34 this title’’ and ‘‘any of those provisions’’, respectively;

35 (F) in paragraph (6)(A), strike ‘‘section 3102 of this title, the

36 Motor Carrier Safety Act of 1984’’, ‘‘such section or Act’’, and

37 ‘‘liable’’ and substitute ‘‘subchapter III of chapter 311 (except sec38 tions 31138 and 31139) or section 31502 of this title’’, ‘‘any of

39 those provisions’’, and ‘‘subject’’, respectively;

40 (G) in paragraph (6)(B)(i), strike ‘‘section 12002, 12003(b),

41 12003(c), 12004, 12005(b), or 12008(d)(2) of the Commercial
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1 Motor Vehicle Safety Act of 1986’’ and substitute ‘‘section 31302,

2 31303(b) or (c), 31304, 31305(b), or 31310(g)(1)(A) of this

3 title’’;

4 (H) in paragraph (6)(B)(ii), strike ‘‘section 12019 of such Act’’,

5 ‘‘section 12003(a) of such Act’’, and ‘‘such section 12003(a)’’ and

6 substitute ‘‘section 31301 of this title’’, ‘‘section 31303(a) of this

7 title’’, and ‘‘section 31303(a)’’, respectively;

8 (I) in paragraph (12), strike ‘‘any provision of the Hazardous

9 Materials Transportation Act (49 U.S.C. App. 1801–1812)’’ and

10 ‘‘such Act’’ and substitute ‘‘chapter 51 of this title’’ and ‘‘chapter

11 51’’, respectively; and

12 (J) in paragraph (13), strike ‘‘section 204 of the Motor Carrier

13 Safety Act of 1984’’ and substitute ‘‘section 31132 of this title’’.

14 (12) In section 526, strike ‘‘this chapter, section 3102 of this title,

15 or the Motor Carrier Safety Act of 1984, a person that knowingly and

16 willfully violates a provision of this chapter or such section or Act, or

17 a regulation or order of the Secretary of Transportation under this

18 chapter or such section or Act’’ and substitute ‘‘a provision of this

19 chapter, subchapter III of chapter 311 (except sections 31138 and

20 31139), or section 31502 of this title, a person that knowingly and

21 willfully violates any of those provisions or a regulation or order of the

22 Secretary of Transportation under any of those provisions’’.

23 (13) In section 10102(9), strike ‘‘the Federal Aviation Act of 1958’’

24 and substitute ‘‘part A of subtitle VII of this title’’.

25 (14) In section 10322(a), strike ‘‘subtitle’’ wherever it appears and

26 substitute ‘‘title’’.

27 (15) In sections 10364(a) and 10385(a), strike ‘‘section 5 of title

28 41’’ and substitute ‘‘section 3709 of the Revised Statutes (41 U.S.C.

29 5)’’.

30 (16) In sections 10527(a), strike ‘‘subchapter’’ and substitute

31 ‘‘title’’.

32 (17) In section 10528, strike ‘‘subchapter’’ and ‘‘subtitle’’ wherever

33 either word appears and substitute ‘‘title’’.

34 (18) In section 10529(a), strike ‘‘(12 U.S.C. 1141j(a))’’ and sub35 stitute ‘‘(12 U.S.C. 1141j(a)))’’.

36 (19) In sections 10542(a)(2) and 10544(d)(1)(B), insert ‘‘App.’’ im37 mediately after ‘‘(46’’ wherever it appears.

38 (20) In section 10561(b)(1), strike ‘‘chapter 20’’ and substitute

39 ‘‘part A of subtitle VII’’.

40 (21) In section 10703(a)(4)—
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1 (A) in paragraph (D)(ii), insert ‘‘App.’’ immediately after ‘‘(46’’

2 wherever it appears; and

3 (B) in paragraph (E), strike ‘‘(46 U.S.C. 801 et seq.)’’ and

4 ‘‘(46 U.S.C. 843–848)’’ and substitute ‘‘(46 App. U.S.C. 801 et

5 seq.)’’ and ‘‘(46 App. U.S.C. 843 et seq.)’’, respectively.

6 (22) In section 10721(a)(1), strike ‘‘Section 5 of title 41’’ and sub7 stitute ‘‘Section 3709 of the Revised Statutes (41 U.S.C. 5)’’.

8 (23) In section 10735(b)(1), strike ‘‘under this title’’ and substitute

9 ‘‘under this subtitle’’.

10 (24) In section 10903(b)(2), strike ‘‘section 11347 of this title and

11 section 405(b) of the Rail Passenger Service Act (45 U.S.C. 565(b))’’

12 and substitute ‘‘sections 11347 and 24706(c) of this title’’.

13 (25) In section 10922—

14 (A) in subsection (c)(1)(E), strike ‘‘provisions of section 12(f)

15 of the Urban Mass Transportation Act of 1964’’ and substitute

16 ‘‘section 10531 of this title’’;

17 (B) in subsection (c)(2)(D), strike ‘‘subtitle’’ wherever it ap18 pears and substitute ‘‘title’’;

19 (C) in subsection (c)(4)(C) and (j)(1), strike ‘‘subchapter’’

20 wherever it appears and substitute ‘‘title’’; and

21 (D) in subsection (j)(2)(C), strike ‘‘subtitle’’ and substitute

22 ‘‘title’’.

23 (26) In section 10927(a)(1), insert ‘‘section’’ before ‘‘10923’’.

24 (27) In section 10935(a) and (e)(3), strike ‘‘subchapter’’ and sub25 stitute ‘‘title’’.

26 (28) In section 11125(b)(2)(A), strike ‘‘the Federal Railroad Safety

27 Act of 1970 (45 U.S.C. 431 et seq.)’’ and substitute ‘‘chapter 201 of

28 this title’’.

29 (29) In section 11126(a), strike ‘‘11501(c)’’ and substitute

30 ‘‘11501(f)’’.

31 (30) In section 11303(a), strike ‘‘the Ship Mortgage Act, 1920’’

32 wherever it appears and substitute ‘‘chapter 313 of title 46’’.

33 (31) In section 11347, strike ‘‘section 405 of the Rail Passenger

34 Service Act (45 U.S.C. 565)’’ and substitute ‘‘sections 24307(c),

35 24312, and 24706(c) of this title’’.

36 (32) In section 11348(a), strike ‘‘section 504(f),’’ and substitute

37 ‘‘sections 504(f) and’’.

38 (33) In section 11504(b)(2), strike ‘‘section 204 of the Motor Car39 rier Safety Act of 1984 (49 App. U.S.C. 2503)’’ and substitute ‘‘sec40 tion 31132 of this title’’.
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1 (34) In section 11701(a), strike ‘‘section 10530 of this subtitle’’ and

2 substitute ‘‘section 10530 of this title’’.

3 LEGISLATIVE PURPOSE AND CONSTRUCTION

4 Sec. 6. (a) Sections 1–4 of this Act restate, without substantive change,

5 laws enacted before February 1, 1993, that were replaced by those sections.

6 Those sections may not be construed as making a substantive change in the

7 laws replaced. Laws enacted after January 31, 1993, that are inconsistent

8 with this Act supersede this Act to the extent of the inconsistency.

9 (b) A reference to a law replaced by sections 1–4 of this Act, including

10 a reference in a regulation, order, or other law, is deemed to refer to the

11 corresponding provision enacted by this Act.

12 (c) An order, rule, or regulation in effect under a law replaced by sections

13 1–4 of this Act continues in effect under the corresponding provision en14 acted by this Act until repealed, amended, or superseded.

15 (d) An action taken or an offense committed under a law replaced by sec16 tions 1–4 of this Act is deemed to have been taken or committed under the

17 corresponding provision enacted by this Act.

18 (e) An inference of legislative construction is not to be drawn by reason

19 of the location in the United States Code of a provision enacted by this Act

20 or by reason of a caption or catch line of the provision.

21 (f) If a provision enacted by this Act is held invalid, all valid provisions

22 that are severable from the invalid provision remain in effect. If a provision

23 enacted by this Act is held invalid in any of its applications, the provision

24 remains valid for all valid applications that are severable from any of the

25 invalid applications.

26 REPEALS

27 Sec. 7. (a) The repeal of a law by this Act may not be construed as a

28 legislative implication that the provision was or was not in effect before its

29 repeal.

30 (b) The laws specified in the following schedule are repealed, except for

31 rights and duties that matured, penalties that were incurred, and proceed32 ings that were begun before the date of enactment of this Act:

Schedule of Laws Repealed

Statutes at Large

Date Chapter or Public Law Section

Volu

1864

July 2 216 ........................................... 15 ........................................................................................................................................................... 

1873

Mar. 3 226 ........................................... 2(words after 2d semicolon) .................................................................................................................. 

1874

June 20 331 ........................................... ................................................................................................................................................................ 

June 22 414 ........................................... ................................................................................................................................................................ 
772

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Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or Public Law Section

Volu

1879

Mar. 3 183 ........................................... 1(4th par. on p. 420) ............................................................................................................................ 

1887

Feb. 4 104 ........................................... 25 ........................................................................................................................................................... 

Mar. 3 345 ........................................... ................................................................................................................................................................ 

1893

Mar. 2 196 ........................................... ................................................................................................................................................................ 

1896

Apr. 1 87 ............................................. ................................................................................................................................................................ 

1897

Mar. 3 386 ........................................... (proviso under heading ‘‘Transportation and Recruiting, Marine Corps’’) .......................................... 

1901

Mar. 3 831 ........................................... (last proviso of last par. under heading ‘‘Pay Department’’) ............................................................... 

1903

Mar. 2 976 ........................................... ................................................................................................................................................................ 

1905

Feb. 23 744 ........................................... ................................................................................................................................................................ 

1906

June 29 3594 ......................................... ................................................................................................................................................................ 

June 30 P.R. 46 .................................... ................................................................................................................................................................ 

1907

Mar. 4 2939 ......................................... ................................................................................................................................................................ 

1908

May 27 200 ........................................... 1(6th par. last sentence under heading ‘‘Interstate Commerce Commission’’, 1st complete par. on p.

325).

1909

Mar. 4 299 ........................................... 1(6th par. last sentence under heading ‘‘Interstate Commerce Commission’’) .................................... 

1910

Apr. 14 160 ........................................... ................................................................................................................................................................ 

May 6 208 ........................................... ................................................................................................................................................................ 

1911

Feb. 17 103 ........................................... ................................................................................................................................................................ 

1915

Mar. 4 169 ........................................... ................................................................................................................................................................ 

1916

May 4 109 ........................................... ................................................................................................................................................................ 

Aug. 29 415 ........................................... ................................................................................................................................................................ 

1920

Feb. 28 91 ............................................. 441, 500 ................................................................................................................................................ 

1921

Mar. 4 161 ........................................... 1(last proviso in par. under heading ‘‘Transportation Facilities on Inland and Coastal Waterways’’) 

Dec. 15 1 ............................................... 1(last par. under heading ‘‘Board of Mediation and Conciliation’’) ..................................................... 

1924

June 7 355 ........................................... ................................................................................................................................................................ 

1927

Mar. 4 510 ........................................... ................................................................................................................................................................ 
773

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Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or Public Law Section

Volu

1929

Feb. 28 369 ........................................... ................................................................................................................................................................ 

1931

Feb. 14 189 ........................................... ................................................................................................................................................................ 

1934

June 13 498 ........................................... ................................................................................................................................................................ 

June 19 654 ........................................... ................................................................................................................................................................ 

656 ........................................... 2 ............................................................................................................................................................. 

1935

Aug. 7 455 ........................................... ................................................................................................................................................................ 

1937

Aug. 26 818 ........................................... ................................................................................................................................................................ 

1939

June 27 244 ........................................... ................................................................................................................................................................ 

Aug. 9 618 ........................................... ................................................................................................................................................................ 

633 ........................................... 1(1st. par. under heading ‘‘Civil Aeronautics Authority.’’) .................................................................. 

1940

Apr. 22 124 ........................................... ................................................................................................................................................................ 

July 2 526 ........................................... ................................................................................................................................................................ 

Sept. 18 722 ........................................... 14(b) ...................................................................................................................................................... 

1941

June 28 258 ........................................... 201(last par. under heading ‘‘Civil Aeronautics Board’’) ..................................................................... 

1942

July 24 522 ........................................... ................................................................................................................................................................ 

1943

May 7 94 ............................................. (par. under heading ‘‘Office of Administrator of Civil Aeronautics’’) .................................................. 

June 10 121 ........................................... ................................................................................................................................................................ 

1944

June 30 333 ........................................... ................................................................................................................................................................ 

July 1 373 ........................................... 813(5th, 6th complete pars. on p. 718) ................................................................................................ 

Oct. 3 479 ........................................... 13(g) ...................................................................................................................................................... .....

1946

Aug. 8 911 ........................................... ................................................................................................................................................................ 

1947

May 27 85 ............................................. ................................................................................................................................................................ 

July 30 404 ........................................... 2 ............................................................................................................................................................. 

Aug. 4 471 ........................................... ................................................................................................................................................................ 

1948

Apr. 17 192 ........................................... ................................................................................................................................................................ 

June 16 473 ........................................... ................................................................................................................................................................ 

482 ........................................... ................................................................................................................................................................ 
774

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Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or Public Law Section

Volu

June 19 523 ........................................... ................................................................................................................................................................ 

June 25 646 ........................................... 4 ............................................................................................................................................................. 

June 29 713 ........................................... ................................................................................................................................................................ 

738 ........................................... ................................................................................................................................................................ 

July 1 792 ........................................... ................................................................................................................................................................ 

1949

July 25 359 ........................................... ................................................................................................................................................................ 

July 26 362 ........................................... ................................................................................................................................................................ 

363 ........................................... ................................................................................................................................................................ 

Aug. 12 423 ........................................... ................................................................................................................................................................ 

Aug. 15 426 ........................................... ................................................................................................................................................................ 

Aug. 30 520 ........................................... ................................................................................................................................................................ 

Oct. 1 589 ........................................... ................................................................................................................................................................ 

Oct. 25 724 ........................................... ................................................................................................................................................................ 

Oct. 26 751 ........................................... ................................................................................................................................................................ 

1950

Feb. 9 5 ............................................... ................................................................................................................................................................ 

Mar. 18 72 ............................................. 6, 7 ........................................................................................................................................................ 

Aug. 3 517 ........................................... ................................................................................................................................................................ 

Aug. 5 591 ........................................... ................................................................................................................................................................ 

Aug. 8 643 ........................................... ................................................................................................................................................................ 

Aug. 9 655 ........................................... ................................................................................................................................................................ 

Sept. 9 938 ........................................... ................................................................................................................................................................ 

Sept. 27 1055 ......................................... ................................................................................................................................................................ 

Sept. 29 1107 ......................................... ................................................................................................................................................................ 

Sept. 30 1117 ......................................... ................................................................................................................................................................ 

1951

Jan. 9 1214 ......................................... ................................................................................................................................................................ 

June 14 123 ........................................... ................................................................................................................................................................ 

Oct. 11 495 ........................................... 3, 4 ........................................................................................................................................................ 

Oct. 31 655 ........................................... 55(b) ...................................................................................................................................................... 

1952

June 28 485 ........................................... 1(5) ........................................................................................................................................................ 

July 14 740 ........................................... ................................................................................................................................................................ 

1953

July 8 181 ........................................... ................................................................................................................................................................ 

Aug. 8 379 ........................................... ................................................................................................................................................................ 

1955

May 19 41 ............................................. ................................................................................................................................................................ 

Aug. 3 494 ........................................... ................................................................................................................................................................ 
775

•HR 1758 IH

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or Public Law Section

Volu

1956

July 20 650 ........................................... ................................................................................................................................................................ 

655 ........................................... ................................................................................................................................................................ 

Aug. 1 816 ........................................... ................................................................................................................................................................ 

852 ........................................... 22 ........................................................................................................................................................... 

1957

June 13 85–50 ....................................... ................................................................................................................................................................ 

Aug. 14 85–135 ..................................... ................................................................................................................................................................ 

Aug. 26 85–166 ..................................... ................................................................................................................................................................ 

Sept. 7 85–307 ..................................... ................................................................................................................................................................ 

1958

Apr. 9 85–373 ..................................... ................................................................................................................................................................ 

Apr. 11 85–375 ..................................... ................................................................................................................................................................ 

July 7 85–507 ..................................... 21(b)(3), (c) .......................................................................................................................................... 

Aug. 23 85–726 ..................................... (less 613(a), (b), 1402(a), (e)–(g), 1404, 1406, 1411) ........................................................................ 

1959

Mar. 18 86–3 ......................................... 21 ........................................................................................................................................................... 

June 25 86–70 ....................................... 39 ........................................................................................................................................................... 

June 29 86–72 ....................................... ................................................................................................................................................................ 

July 8 86–81 ....................................... ................................................................................................................................................................ 

Aug. 11 86–154 ..................................... ................................................................................................................................................................ 

Aug. 25 86–199 ..................................... ................................................................................................................................................................ 

Sept. 21 86–295 ..................................... ................................................................................................................................................................ 

1960

June 29 86–546 ..................................... 1 ............................................................................................................................................................. 

July 12 86–624 ..................................... 37 ........................................................................................................................................................... 

86–627 ..................................... ................................................................................................................................................................ 

July 14 86–661 ..................................... ................................................................................................................................................................ 

Sept. 13 86–758 ..................................... ................................................................................................................................................................ 

86–762 ..................................... ................................................................................................................................................................ 

1961

July 20 87–89 ....................................... ................................................................................................................................................................ 

Sept. 5 87–197 ..................................... ................................................................................................................................................................ 

Sept. 13 87–221 ..................................... ................................................................................................................................................................ 

87–225 ..................................... ................................................................................................................................................................ 
776

•HR 1758 IH

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or Public Law Section

Volu

Sept. 20 87–255 ..................................... ................................................................................................................................................................ 

Oct. 4 87–367 ..................................... 103(2), (6), (15), 205 ........................................................................................................................... 

1962

July 10 87–528 ..................................... ................................................................................................................................................................ 

Oct. 15 87–810 ..................................... ................................................................................................................................................................ 

87–820 ..................................... ................................................................................................................................................................ 

1964

Mar. 11 88–280 ..................................... ................................................................................................................................................................ 

June 30 88–346 ..................................... ................................................................................................................................................................ 

July 2 88–349 ..................................... 2 ............................................................................................................................................................. 

July 9 88–365 ..................................... ................................................................................................................................................................ 

Aug. 14 88–426 ..................................... 305(16) .................................................................................................................................................. 

1965

Aug. 10 89–117 ..................................... 304(b), 1109 .......................................................................................................................................... 

Sept. 30 89–220 ..................................... 13 ........................................................................................................................................................... .....

Nov. 8 89–348 ..................................... 1(6) ........................................................................................................................................................ 

1966

June 13 89–447 ..................................... ................................................................................................................................................................ 

Sept. 8 89–562 ..................................... ................................................................................................................................................................ 

Sept. 9 89–563 ..................................... (less 401) ............................................................................................................................................... 

Oct. 13 89–647 ..................................... ................................................................................................................................................................ 

Oct. 15 89–670 ..................................... 1–8(a), (f), (i), 9, 10(e), 13–16 ............................................................................................................ 

.................................................. ................................................................................................................................................................ .....

.................................................. ................................................................................................................................................................ .....

1967

May 25 90–19 ....................................... 20 ........................................................................................................................................................... 

June 28 90–34 ....................................... ................................................................................................................................................................ 

Dec. 1 90–169 ..................................... ................................................................................................................................................................ 

1968

Apr. 10 90–283 ..................................... ................................................................................................................................................................ 

July 21 90–411 ..................................... ................................................................................................................................................................ 

July 24 90–423 ..................................... 1(f) ......................................................................................................................................................... 
777

•HR 1758 IH

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or Public Law Section

Volu

Aug. 1 90–448 ..................................... 701–704 ................................................................................................................................................. 

Aug. 12 90–481 ..................................... ................................................................................................................................................................ 

Sept. 26 90–514 ..................................... ................................................................................................................................................................ 

Oct. 12 90–568 ..................................... ................................................................................................................................................................ 

1969

Aug. 20 91–62 ....................................... ................................................................................................................................................................ 

Dec. 24 91–152 ..................................... 306 ......................................................................................................................................................... 

Dec. 26 91–169 ..................................... ................................................................................................................................................................ 

1970

May 21 91–258 ..................................... 31, 51, 52(a), (b)(4), (6), (c), (d), 53, 209 .......................................................................................... 

May 22 91–265 ..................................... ................................................................................................................................................................ 

Sept. 8 91–399 ..................................... ................................................................................................................................................................ 

Oct. 13 91–444 ..................................... 1(b) ........................................................................................................................................................ 

Oct. 14 91–449 ..................................... ................................................................................................................................................................ 

Oct. 15 91–453 ..................................... 1–9, 13, 14 ............................................................................................................................................ 

Oct. 16 91–458 ..................................... ................................................................................................................................................................ 

Oct. 27 91–513 ..................................... 1102(r) .................................................................................................................................................. 

Oct. 30 91–518 ..................................... (less 404(f), 814, 815, 901) .................................................................................................................. 

Dec. 23 91–569 ..................................... ................................................................................................................................................................ 

Dec. 29 91–596 ..................................... 31 ........................................................................................................................................................... 

Dec. 31 91–604 ..................................... 11(b) ...................................................................................................................................................... 

1971

Nov. 18 92–159 ..................................... 2 ............................................................................................................................................................. 

Nov. 27 92–174 ..................................... ................................................................................................................................................................ 

1972

Mar. 22 92–259 ..................................... ................................................................................................................................................................ 
778

•HR 1758 IH

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or Public Law Section

Volu

June 22 92–316 ..................................... ................................................................................................................................................................ 

Aug. 22 92–401 ..................................... ................................................................................................................................................................ 

Oct. 20 92–513 ..................................... (less 511) ............................................................................................................................................... 

Oct. 25 92–548 ..................................... ................................................................................................................................................................ 

92–556 ..................................... ................................................................................................................................................................ 

Oct. 27 92–574 ..................................... 7(b) ........................................................................................................................................................ 

1973

June 18 93–44 ....................................... ................................................................................................................................................................ 

Aug. 13 93–87 ....................................... 138, 164, 301 ........................................................................................................................................ 

Aug. 14 93–90 ....................................... ................................................................................................................................................................ 

.................................................. ................................................................................................................................................................ .....

Nov. 3 93–146 ..................................... ................................................................................................................................................................ 

1974

Jan. 2 93–236 ..................................... 303(e)(words ‘‘title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 or of’’),

711(words ‘‘, the National Railroad Passenger Corporation, or the Amtrak Commuter Services

Corporation’’).

.....

93–239 ..................................... 4 ............................................................................................................................................................. 

Aug. 5 93–366 ..................................... ................................................................................................................................................................ 

Aug. 22 93–383 ..................................... 813 ......................................................................................................................................................... 

Aug. 30 93–403 ..................................... ................................................................................................................................................................ 

Oct. 27 93–492 ..................................... (less 108) ............................................................................................................................................... 
779

•HR 1758 IH

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

Oct. 28 93–496 .... ........................................................ 88 1526 ........... 45 501(note),

544, 545, 563,

564, 601, 602,

641, 644,

645(note) .................. ........................................................ ....... .................... 49

App.

302, 1643,

1653

Nov. 26 93–503 .... (less 105) ....................................... 88 1565 ........... 49

App.

1601b,

1601b(note),

1602–1604b,

1605(note),

1611

1975

Jan. 2 93–604 .... 702 ................................................. 88 1964 ........... 49

App.

1537

93–608 .... 1(20), (21) ..................................... 88 1970 ........... 49

App.

1343, 1603

Jan. 3 93–623 .... (less 6) ........................................... 88 2102 ........... 49

App.

1151(note),

1159a, 1159b,

1373, 1376,

1377, 1472,

1517

93–633 .... ........................................................ 88 2156 ........... 45 39, 421(note),

437, 438, 440,

440(note) .................. ........................................................ ....... .................... 49

App.

1471, 1472,

1653, 1761,

1762, 1801,

1801(note),

1802–1813,

1901,

1901(note),

1902–1907

1974

Jan. 4 93–650 .... ........................................................ 89 2–1 ............. 49

App.

1602, 1602a,

1602a(note)

1975

May 26 94–25 ...... ........................................................ 89 90 ............... 45 501(note),

543, 545, 548,

563, 564, 601,

602, 621 .................. ........................................................ ....... .................... 49

App.

1653

July 19 94–56 ...... ........................................................ 89 263 ............. 45 421(note), 440 .................. ........................................................ ....... .................... 49

App.

1812

Aug. 9 94–90 ...... ........................................................ 89 439 ............. 49

App.

1531(note),

1536, 1542

Dec. 22 94–163 .... 301(less ‘‘Sec. 511’’) ...................... 89 901 ............. 15 2001–2010,

2012

1976

Feb. 5 94–210 .... 701–706(a), (c)–(i), 707, 803, 808,

901–904.

90 119, 124,

130, 143,

147.

45 543, 545, 546,

562–564, 743,

745(note),

851–855 .................. ........................................................ ....... .................... 49

App.

1613, 1653,

1654,

1654(note)

July 8 94–346 .... ........................................................ 90 815 ............. 15 1392, 1409

94–348 .... ........................................................ 90 817 ............. 45 6, 13, 34, 61–

63a, 64a,

421(note),

431, 431(note) .................. ........................................................ ....... .................... 49

App.

26, 1653

July 12 94–353 .... ........................................................ 90 871 ............. 49

App.

1346a,

1348(note),

1356a, 1358,

1371, 1432,

1701,

1701(note),

1702(note),

1704, 1711–

1715,

1715(note),

1716–1720,

1724(note),

1728–1730,

1742
780

•HR 1758 IH

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

July 14 94–364 .... ........................................................ 90 981 ............. 15 1901(note),

1921, 1941,

1949, 1963,

1982–1985,

1987, 1988,

1990–1991

July 31 94–374 .... ........................................................ 90 1065 ........... 49

App.

1542

Sept. 30 94–436 .... 5(related to title VII) ..................... 90 1399 ........... 45 743

Oct. 11 94–474 .... ........................................................ 90 2068 ........... 49

App.

1801(note),

1805, 1812

94–477 .... ........................................................ 90 2073 ........... 49

App.

1671,

1671(note),

1672, 1674,

1680, 1683–

1686

94–481 .... ........................................................ 90 2080 ........... 49

App.

1907

Oct. 19 94–555 .... 101–108, 216(e), 217, 219(a),

220(h), 301.

90 2613, 2627,

2629,

2630.

45 501(note),

543, 545, 546,

563, 601, 602,

641,

641(note), 854

.................. ........................................................ ....... .................... 49

App.

1653,

1654(note)

1977

Aug. 4 95–91 ...... 305, 306, 402(b) ............................ 91 580, 584 .... 15 2002

.................. ........................................................ ....... .................... 42 7155, 7172

Nov. 9 95–163 .... (less 19) ......................................... 91 1278 ........... 49

App.

1301, 1302,

1371, 1373,

1373(note),

1376(note),

1388, 1401,

1421,

1421(note),

1430, 1482,

1531–1533,

1535, 1537,

1542

Nov. 16 95–187 .... ........................................................ 91 1385 ........... 49

App.

1613

1978

Mar. 8 95–241 .... ........................................................ 92 119 ............. 49

App.

1401

Mar. 14 95–245 .... ........................................................ 92 156 ............. 49

App.

1388,

1388(note)

Mar. 27 95–251 .... 2(a)(12) .......................................... 92 183 ............. 49

App.

1655

Sept. 11 95–363 .... ........................................................ 92 597 ............. 49

App.

1901(note),

1907

Sept. 30 95–403 .... ........................................................ 92 863 ............. 49

App.

1812

Oct. 5 95–421 .... ........................................................ 92 923 ............. 45 501(note),

521(note),

541,

541(note),

545, 545a,

546a, 562,

563, 601, 602,

646, 853, 854

.................. ........................................................ ....... .................... 49

App.

1653

Oct. 7 95–426 .... 706 ................................................. 92 992 ............. 49

App.

1518

Oct. 17 95–473 .... 4(c) ................................................. 92 1470 ........... 49 101(note

prec.)
781

•HR 1758 IH

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

Oct. 24 95–504 .... (less 46) ......................................... 92 1705 ........... 49

App.

1301,

1301(note),

1302, 1305–

1308,

1324(note),

1371,

1371(note),

1372–1374,

1376,

1376(note),

1378, 1379,

1382, 1384,

1386, 1389,

1461, 1471,

1473, 1482,

1482a, 1490,

1504, 1551,

1552, 1711,

1729

Nov. 2 95–574 .... ........................................................ 92 2459 ........... 45 6, 13, 34, 61,

63a,

63a(note),

421(note),

436, 437,

440(note), 442

.................. ........................................................ ....... .................... 49

App.

26

95–575 .... 3(a), (b) ......................................... 92 2465 ........... 49

App.

781, 787

95–580 .... ........................................................ 92 2475 ........... 49

App.

1653(note)

Nov. 6 95–598 .... 322(g) ............................................ 92 2679 ........... 45 81

95–599 .... 134(d), 160, 301–315, 317–323 .... 92 2709, 2719,

2735,

2752.

15 1418

.................. ........................................................ ....... .................... 49

App.

1601(note),

1602, 1603,

1604,

1604(note),

1605(note),

1607,

1607(note),

1607a(note),

1607b–1608,

1611, 1612,

1612(note),

1613–1616,

1653(note)

Nov. 8 95–607 .... 101–110 ......................................... 92 3059 ........... 49

App.

1651(note),

1653a, 1654,

1654(note)

95–609 .... 3, 8 ................................................. 92 3080, 3084 49

App.

1431,

1431(note)

Nov. 9 95–619 .... 401–404 ......................................... 92 3254 ........... 15 2006, 2008

1979

Sept. 29 96–73 ...... 101–119 ‘‘Sec. 404(e)’’, 119 ‘‘Sec.

404(g)’’–132, 501(a).

93 537, 547,

558.

45 501,

501(note),

501a, 502,

521(note),

545,

545(note),

545a(note),

546, 548,

562(note),

563, 564,

564(note),

565,

565(note),

566, 601, 602,

602(note),

641, 647–650

.................. ........................................................ ....... .................... 49

App.

1653

Oct. 12 96–86 ...... 115(b) ............................................ 93 662 ............. 49

App.

1654

Nov. 9 96–106 .... 17 ................................................... 93 799 ............. 49

App.

1604

Nov. 30 96–129 .... ........................................................ 93 989 ............. 18 831,

831(note),

832–835
782

•HR 1758 IH

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

.................. ........................................................ ....... .................... 49

App.

1671,

1671(note),

1672,

1672(note),

1673–1677,

1679a–1682,

1682(note),

1683–1686,

1811, 2001,

2001(note),

2002–2014

Dec. 29 96–171 .... ........................................................ 93 1285 ........... 49

App.

1421(note)

1980

Jan. 7 96–185 .... 18(related to § 503(a)(3) of Motor

Vehicle Information and Cost

Savings Act).

93 1336 ........... 15 2003

Feb. 15 96–192 .... (less 29) ......................................... 94 35 ............... 49

App.

1159b,

1301(note),

1302, 1371–

1373, 1377,

1382, 1384,

1386, 1482,

1502, 1504,

1508, 1517

Feb. 18 96–193 .... (less 305) ....................................... 94 50 ............... 49

App.

1348(note),

1359, 1472,

1512, 1711,

1713, 1714–

1717, 1731,

1742, 2101,

2101(note),

2102–2108,

2121–2124

May 30 96–254 .... 201–213, 215, 216 ........................ 94 410, 418 .... 45 501(note),

543, 545, 546,

562–564, 601,

651–658, 851,

853, 854,

854(note), 855

.................. ........................................................ ....... .................... 49

App.

1653

July 1 96–296 .... 30 ................................................... 94 820 ............. 49 10927(note)

96–298 .... 1(d) ................................................ 94 829 ............. 49

App.

1742

Oct. 10 96–423 .... ........................................................ 94 1811 ........... 43 975

.................. ........................................................ ....... .................... 45 6, 26, 29, 34,

64a,

421(note),

431,

431(note),

432, 435–439,

441, 443, 444

96–425 .... ........................................................ 94 1821 ........... 15 1901,

1901(note),

2001,

2001(note),

2002,

2002(note),

2003, 2005,

2007, 2008,

2012

Oct. 14 96–448 .... 508(f) ............................................. 94 1958 ........... 45 563

Oct. 19 96–470 .... 112(a), (e), (f), (h), 209(a) ........... 94 2239, 2240,

2245.

45 440, 669

.................. ........................................................ ....... .................... 49

App.

1344, 1539,

1702

1981

Aug. 6 97–31 ...... 12(9) .............................................. 95 154 ............. 49

App.

142
783

•HR 1758 IH

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

Aug. 13 97–35 ...... 1101–1103, 1111, 1137–1139(a),

1145, 1170–1189, 1191–1195.

95 622, 627,

647, 669,

687.

45 444, 501,

501(note),

501a, 502,

541, 543,

543(note),

544, 545, 546,

547, 548, 562,

563,

563(note),

564, 565,

581–590, 601,

602,

651(note),

852, 854

.................. ........................................................ ....... .................... 49

App.

1603, 1604,

1608(note),

1654, 1660,

1701(note),

1714,

1714(note),

1715,

1716(note),

1717, 1742

Nov. 3 97–74 ...... ........................................................ 95 1065 ........... 49

App.

1901(note),

1903, 1906,

1907

Dec. 23 97–102 .... 329 ................................................. 95 1464 ........... 45 582(note)

Dec. 29 97–125 .... 5 ..................................................... 95 1673 ........... 45 582(note)

1982

Apr. 2 97–164 .... 161(8) ............................................ 96 49 ............... 45 87

July 18 97–216 .... 101(par. under heading ‘‘Grants to

the National Railroad Passenger

Corporation’’).

96 187 ............. 45 543

Sept. 3 97–248 .... 501–529, 532–534 ......................... 96 671, 701 .... 49

App.

1349, 1354,

1356a, 1430,

1432, 1509,

1513, 1701–

1731, 2101,

2103, 2104,

2108, 2201,

2201(note),

2202–2225

.................. ........................................................ ....... .................... 50

App.

1622

Sept 10 97–257 .... 107(par. under heading ‘‘Grants to

the National Railroad Passenger

Corporation’’).

96 852 ............. 45 546b

Sept. 20 97–261 .... 18(a)–(g) ........................................ 96 1121 ........... 49 10927(note)

Oct. 2 97–276 .... 130, 167 ......................................... 96 1196, 1204 49

App.

1376a(note),

2207

Oct. 14 97–309 .... ........................................................ 96 1453 ........... 49

App.

1542, 1551,

1902,

1902(note),

1905

Oct. 15 97–331 .... ........................................................ 96 1619 ........... 15 1381(note),

1392, 1409,

1413, 1418,

1921, 1949,

1990g

Oct. 25 97–364 .... 201–206, 208, 209, 211 ................ 96 1740, 1746,

1747.

23 401(note)

97–365 .... 4 ..................................................... 96 1751 ........... 26 6103(note)

Dec. 18 97–369 .... 201(provisos under heading ‘‘Pay- ments to Air Carriers’’), 322.96 1778, 1784 49

App.

1376a, 1376b

1983

Jan. 6 97–424 .... 138, 301–309, 313, 315–318,

401–408, 411–416, 426(a)–(d).

96 2126, 2140,

2152,

2153,

2167.

49 10927(note)
784

•HR 1758 IH

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

.................. ........................................................ ....... .................... 49

App.

1601(note),

1601c, 1602,

1603–1604a,

1607a, 1607a–

1, 1607c,

1608, 1611,

1612,

1612(note),

1614, 1617,

1618, 2204–

2206, 2301–

2307, 2311–

2315, 2316

Jan. 12 97–449 .... 4(c) ................................................. 96 2442 ........... 49

App.

1348

Jan. 14 97–468 .... 101–104, 301, 302, 501, 508, 509,

615(a)(4), 701–706.

96 2543, 2547,

2551,

2554,

2577,

2579.

45 13, 17–21,

421(note),

431, 438, 444,

585, 591, 601,

853, 854,

854(note), 855 .................. ........................................................ ....... .................... 49

App.

1654, 1655,

1673–1675,

2003, 2005

Apr. 5 98–17 ...... ........................................................ 97 59 ............... 49

App.

2316

June 6 98–37 ...... ........................................................ 97 204 ............. 49

App.

1907

July 30 98–63 ...... 1(par. under heading ‘‘Urban Dis- cretionary Grants’’).97 340 ............. 49

App.

1603(note)

Dec. 8 98–213 .... 10 ................................................... 97 1461 ........... 49

App.

1389

1984

Aug. 22 98–396 .... 101(par. under heading ‘‘Urban

Mass Transportation Administration’’).

98 1400 ........... 49

App.

1604

Oct. 4 98–443 .... 3, 4, 6, 7, 9(a)–(d), (r)–(u), 10–16 98 1703, 1705,

1706,

1708,

1709.

49

App.

1159a, 1159b,

1301, 1304,

1305, 1377,

1381, 1382,

1388, 1389,

1389(note),

1537, 1551,

1551(note),

1553–1557,

2423(note)

Oct. 11 98–464 .... ........................................................ 98 1821 ........... 49

App.

1681,

1682(note),

1683, 1684,

2009, 2010,

2012, 2013

Oct. 12 98–473 .... 2013(c), 2014 ................................ 98 2189 ........... 49

App.

1301, 1471,

1472

Oct. 19 98–499 .... ........................................................ 98 2312 ........... 49

App.

1301(note),

1401, 1422,

1429, 1472,

1903

Oct. 25 98–547 .... 101 ................................................. 98 2755 ........... 15 1901, 2021–

2034

Oct. 30 98–554 .... 101–106, 202–212, 214–224, 228–

231.

98 2829, 2832,

2844,

2852.

49 10927(notes)

.................. ........................................................ ....... .................... 49

App.

2301,

2301(note),

2311, 2312,

2314, 2316,

2501–2521

98–559 .... ........................................................ 98 2907 ........... 49

App.

1808, 1812,

1813

98–575 .... ........................................................ 98 3055 ........... 49

App.

2601,

2601(note),

2602–2622

Nov. 8 98–620 .... 402(17), (18), (51) ........................ 98 3358, 3361 15 1415, 2003,

2305

1985

Aug. 8 99–83 ...... 551(a), (b), 552, 553, 556 ............. 99 222, 226,

227.

49

App.

1356, 1356b,

1471, 1515,

1515(note),

1515a, 1556

Aug. 15 99–88 ...... 100(1st complete par. on p. 352) .. 99 352 ............. 49

App.

1371a
785

•HR 1758 IH

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

Dec. 5 99–170 .... 301 ................................................. 99 1018 ........... 49

App.

2623

Dec. 19 99–190 .... 317, 326, 328 ................................ 99 1286, 1289 49

App.

1519, 1604,

1614

1986

Apr. 7 99–272 .... 4002–4008, 4012–4016, 4017(b),

4018, 7001–7005, 13031(h).

100 106, 109,

110, 111,

139, 310.

45 502, 544, 545,

546, 562–565,

601, 644

.................. ........................................................ ....... .................... 49

App.

1654, 1674,

1682a, 1684,

2004, 2013

July 2 99–349 .... 101(par. under heading ‘‘Urban

Mass Transportation Administration’’).

100 745 ............. ....... ........................

Aug. 22 99–386 .... 205 ................................................. 100 823 ............. 49

App.

1307

Oct. 2 99–435 .... ........................................................ 100 1080 ........... 49

App.

1301(note),

1374,

1374(note)

Oct. 18 99–500 .... 101(l)[H.R. 5205, § 324] .............. 100 1783–308 ... 49

App.

2311

Oct. 22 99–514 .... 1893(f) ........................................... 100 2930 ........... 49

App.

1741

99–516 .... ........................................................ 100 2965 ........... 49

App.

1672, 1680,

1684, 2002,

2009, 2013

Oct. 27 99–570 .... 3401, 12001–12011, 12013–12020 100 3207–99,

3207–

170,

3207–186.

49

App.

1401,

1401(note),

1472, 1474,

1509,

1509(note),

2304, 2701,

2701(note),

2702–2718

Oct. 28 99–579 .... ........................................................ 100 3309 ........... 15 1901(note),

1982, 1988,

1988(note),

1990b, 1990c

Oct. 30 99–591 .... 101(l)[H.R. 5205, § 324] .............. 100 3341–308 ... 49

App.

2311

Nov. 10 99–646 .... 87(d)(8) .......................................... 100 3624 ........... 49

App.

1472

Nov. 14 99–654 .... 3(b)(8) ............................................ 100 3664 ........... 49

App.

1472

1987

Apr. 2 100–17 .... 133(a)(7), (c)(2), 135(h), 205,

209, 301–328.

101 171, 172,

174, 220,

222.

49

App.

1601(note),

1602,

1602(note),

1603, 1604,

1607a, 1607a–

1, 1607c,

1608,

1608(note),

1612–1614,

1617, 1619–

1621, 1655,

2204(note),

2311, 2314,

2716

July 11 100–71 .... (last proviso under heading

‘‘Grants to the National Railroad Passenger Corporation’’).

101 447 ............. 45 562(note)

Sept. 30 100–121 .. ........................................................ 101 792 ............. 49

App.

1472

Oct. 30 100–147 .. 120 ................................................. 101 868 ............. 49

App.

2623

100–148 .. ........................................................ 101 878 ............. 49

App.

1542

Dec. 22 100–202 .. 317(a), 328, 106 ............................ 101 1329–380,

1329–

382,

1329–433.

49 308(note)

.................. ........................................................ ....... .................... 49

App.

1374, 2311

Dec. 30 100–223 .. 101, 102(a)–(c), 103–105(g), 106–

116, 201–207, 301–306, 308–

311, 315.

101 1487, 1488,

1494,

1526,

1532.

23 401(note)

.................. ........................................................ ....... .................... 49 334
786

•HR 1758 IH

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

.................. ........................................................ ....... .................... 49

App.

1301,

1348(notes),

1354, 1389,

1389(note),

1421,

1421(notes),

1471, 1472,

1475,

1475(note),

1501, 1903,

1903(note),

2104,

2104(note),

2201–2203,

2203(note),

2204,

2204(note),

2205,

2205(note),

2206–2208,

2210–2212,

2218,

2222(note),

2224–2227

1988

June 22 100–342 .. ........................................................ 102 624 ............. 23 401(note)

.................. ........................................................ ....... .................... 45 1–14, 16, 22–

24, 28, 29, 32,

34, 38–40, 43,

43a, 61, 62,

62(note), 63,

64, 64a,

421(note),

431,

431(note),

437, 438,

438(note),

440, 441, 444,

445, 541, 543,

543,

543(note),

548, 602,

650a,

650a(note),

854

.................. ........................................................ ....... .................... 49

App.

26

July 19 100–372 .. ........................................................ 102 876 ............. 49

App.

1901(note),

1903, 1906,

1907

Aug. 23 100–418 .. 10011–10013 ................................. 102 1573 ........... 49

App.

1159b

Sept. 30 100–457 .. 317(a), 336, 346 ............................ 102 2148, 2153,

2155.

45 581

.................. ........................................................ ....... .................... 49 308(note)

.................. ........................................................ ....... .................... 49

App.

1551, 1553

Oct. 14 100–494 .. 6–8 ................................................. 102 2448 ........... 15 2001, 2002,

2006,

2006(note),

2013,

2512(note)

Oct. 31 100–561 .. 1, 101–108(b), 109, 110, 201–211,

301–303, 305, 306, 308, 401.

102 2805, 2809,

2816,

2817.

15 1988

.................. ........................................................ ....... .................... 49 101(note

prec.)

.................. ........................................................ ....... .................... 49

App.

1671(note),

1672,

1672(note),

1674, 1676,

1679a, 1680,

1681, 1684,

1687, 2002,

2004, 2007,

2009–2011,

2013, 2015,

2015(note)

100–562 .. (less 2(e)(1)(B), (C), (3)) .............. 102 2818 ........... 15 1381(note),

1397,

1397(note)
787

•HR 1758 IH

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

Nov. 3 100–591 .. ........................................................ 102 3011 ........... 49 106

.................. ........................................................ ....... .................... 49

App.

1301(note),

1353,

1353(note),

2205

Nov. 15 100–657 .. ........................................................ 102 3900 ........... 49

App.

2601(note),

2603,

2603(note),

2614, 2615,

2615(note)

Nov. 17 100–685 .. 213, 601–604 ................................. 102 4093, 4102 49

App.

1353(note),

2623

Nov. 18 100–690 .. 6076(a), 7201–7207(c)(3), 7208,

7209, 7211(a), (c), 7212–7214,

9102(a), (b), 9104–9106, 9109,

9110, 9112.

102 4324, 4424,

4429,

4433,

4528,

4529,

4530,

4534.

49 334,

10927(note)

.................. ........................................................ ....... .................... 49

App.

782,

1301(note),

1303,

1303(note),

1354, 1401,

1401(note),

1422, 1425,

1429, 1471,

1472, 2505,

2505(note),

2507, 2521,

2706(note)

1989

June 30 101–45 .... 501(proviso in par. under heading ‘‘Payments to Air Carriers’’).103 109 ............. 49

App.

1389(note)

Aug. 4 101–71 .... ........................................................ 103 181 ............. 49

App.

2201(note),

2212,

2212(note)

Nov. 21 101–164 .. 331, 334(c), 335, 340 .................... 103 1097, 1098,

1099.

49

App.

1374,

1374(note),

1607a(note),

1619,

2205(note)

Dec. 11 101–213 .. ........................................................ 103 1843 ........... 45 1321

.................. ........................................................ ....... .................... 49

App.

1651(note),

1654,

1654(note)

Dec. 15 101–236 .. 1, 2, 4 ............................................ 103 2060, 2061 49

App.

1421, 1475,

2210

1990

May 4 101–281 .. ........................................................ 104 164 ............. 49

App.

1475,

1475(note),

2210

July 6 101–322 .. 2, 3 ................................................. 104 295 ............. 45 601, 649

Aug. 15 101–370 .. 1, 2 ................................................. 104 451 ............. 49

App.

1357, 1475

Aug. 18 101–380 .. 4105(a) .......................................... 104 512 ............. 23 401(note)

Nov. 3 101–500 .. 2–14, 15(b), (d), (g)(1) ................. 104 1213, 1218,

1219,

1221.

49

App.

1814,

2501(note),

2801,

2801(note),

2802–2812

Nov. 5 101–508 .. 9102–9105, 9107–9112(b), 9113–

9115, 9118, 9121–9123, 9124

‘‘Sec. 613(c)’’, 9125, 9127,

9129–9131, 9202–9205, 9207–

9209, 9301–9309, 10501.

104 1388–354,

1388–

355,

1388–

363,

1388–

365,

1388–

370,

1388–

371,

1388–

372,

1388–

375,

1388–399.

45 444, 447
788

•HR 1758 IH

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

.................. ........................................................ ....... .................... 49

App.

1307, 1344,

1348(note),

1353, 1357,

1371, 1389,

1433, 1513,

2151,

2151(note),

2152–2158,

2201–2206,

2226a–2226d,

2227

101–516 .. 101(1st sentence last proviso, 2d–

last sentences in par. under

heading ‘‘Facilities and Equipment’’), 324, 327(a), 330(a).

104 2160, 2182,

2184.

49

App.

1348(note),

1354a,

2205(note),

2311

Nov. 16 101–599 .. 1 ..................................................... 104 3038 ........... 49

App.

1672, 2002

101–604 .. 101(a), (b), 102–111, 203(a)–(c) .. 104 3067, 3068,

3082.

49

App.

1356, 1357,

1357(notes),

1358a–1358d,

1358d(note),

1380,

1380(note),

1432, 1515,

1652b,

1652b(note)

101–610 .. 601(a) ............................................ 104 3185 ........... 45 546

101–611 .. 117 ................................................. 104 3202 ........... 49

App.

2601, 2602,

2604, 2614,

2623

101–615 .. 3–20, 22–24, 27, 28 ...................... 104 3245, 3271,

3276.

45 435, 439

.................. ........................................................ ....... .................... 49

App.

1802, 1804,

1805,

1805(note),

1806–1813,

1813(note),

1815–1819,

2509

Nov. 28 101–641 .. 2–7, 9 ............................................. 104 4654, 4658 15 1988,

1988(note)

.................. ........................................................ ....... .................... 45 562

.................. ........................................................ ....... .................... 49

App.

1657–1, 1903,

1905, 1907

Nov. 29 101–647 .. 1704 ............................................... 104 4846 ........... 45 446

1991

Oct. 28 102–143 .. 101(1st sentence last proviso, 2d–

last sentences in par. under

heading ‘‘Facilities and Equipment’’), 324, 336, 346, 349,

401–405, 3–5(a), 6.

105 922, 943,

947, 949,

951, 953,

962.

45 431

.................. ........................................................ ....... .................... 49

App.

1354a,

1357(note),

1421(note),

1434, 1618a,

2104, 2157,

2205(note),

2717

Dec. 9 102–195 .. 13 ................................................... 105 1613 ........... 49

App.

2623

Dec. 18 102–240 .. 2, 2501, 2504, 2505, 2508, 3005,

3006(a), (b), (d)–(h), 3007–

3013, 3015–3030, 4002–4004,

4006, 4007(b), (f), 4008–4010,

4014, 5002(b), (c), 5003, 6021–

6024.

105 1914, 2081,

2083,

2084,

2088,

2089,

2108,

2140,

2148,

2152,

2153,

2158,

2184.

15 1392(j),

1392(notes),

1413, 1414

.................. ........................................................ ....... .................... 49 101(note),

301(notes),

11506(note)
789

•HR 1758 IH

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

.................. ........................................................ ....... .................... 49

App.

1601–1603,

1607, 1607a,

1607a–1,

1607c, 1608,

1608(note),

1612, 1614,

1617–1619,

1622–1625,

2302,

2302(notes),

2303, 2304,

2304(note),

2306, 2307,

2311, 2312,

2511a, 2708,

2716, 2718

1992

Aug. 26 102–345 .. 2(a), (b), 3, 4 ................................. 106 923, 925 .... 49

App.

1422, 1429,

1471, 1475

Sept. 3 102–365 .. 2–4(a)(3), (c), 5(a), (b), 7–9(a),

10, 12, 14, 15, 18.

106 972, 974,

975, 976,

978, 980,

982.

45 6, 10, 13, 34,

38(note), 39,

43, 64a, 431,

431(note),

437(note),

438, 441, 444

.................. ........................................................ ....... .................... 49

App.

26, 1654

Sept. 23 102–368 .. 801 ................................................. 106 1131 ........... 49

App.

1607c

Oct. 6 102–388 .. (last proviso of 1st sentence, 2d–

last sentences, in par. under

heading ‘‘Facilities and Equipment’’), 324, 355, 362, 501,

502(a), (c)–(r), 503(2).

106 1525, 1547,

1556,

1560,

1566,

1567.

15 1950

.................. ........................................................ ....... .................... 49

App.

1348a, 1354a,

1602, 1607,

1607a, 1608,

1612, 1614,

1617, 1622,

2205(note)

Oct. 24 102–486 .. 403 ................................................. 106 2876 ........... 15 2001, 2002,

2006, 2013

102–508 .. 101–115(a), (c), 116–118, 201–

216, 301, 303, 304(a), (b), 501–

507.

106 3290, 3297,

3307,

3311.

49

App.

1671,

1671(note),

1672–1674,

1678, 1679a,

1679b,

1679b(note),

1680, 1681,

1683–1685,

1687, 1688,

1802, 1805,

1812, 1813,

1816, 1819,

1903, 2001,

2001(note),

2002–2004,

2007, 2008,

2008(note),

2009, 2010,

2012, 2013

Oct. 25 102–519 .. 201–204, 301–306 ......................... 106 3389 ........... 15 2021–2023,

2025, 2026a,

2026a(note),

2026b,

2026b(note),

2026c, 2027–

2034, 2041–

2044

Oct. 27 102–533 .. 2–10, 14 ......................................... 106 3515, 3522 45 431, 502, 544,

546, 563, 601,

602, 650,

650b, 650c,

856

Oct. 28 102–548 .. 2(a), (c)–(e) ................................... 106 3646, 3648 49 501, 508,

508(note)
790

•HR 1758 IH

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

Oct. 31 102–581 .. 101–103(d), 105–107(c), 108–

112(b), 113–120, 124, 125, 136,

201–203(a), 205, 208, 302, 401,

402.

106 4875, 4877,

4879,

4881,

4885,

4889,

4894,

4895,

4897.

49

App.

1302, 1344,

1348,

1348(note),

1354(note),

1357,

1421(note),

1471, 1501,

1513, 1532,

1534, 1542,

2153, 2158,

2201–2208,

2210,

2210(note),

2211, 2212,

2226b, 2226c,

2227

Nov. 4 102–588 .. 211, 503, 505 ................................ 106 5115, 5124 15 5804

.................. ........................................................ ....... .................... 49

App.

2615, 2623

Revised Statutes

Revised Statutes Section

United States Code

Title Section

5256 ............................................................................. 45 81

5257 ............................................................................. 45 82

5258 ............................................................................. 45 84

5259 ............................................................................. 45 85

5260 ............................................................................. 45 86

5261 ............................................................................. 45 87

5262 ............................................................................. 45 88

Reorganization Plans

Year Plan

No. Section

Statutes at

Large

Volume Page

1950 ......... 13 ...................................................................................................... 64 1266

1961 ......... 3 ...................................................................................................... 75 837

1965 ......... 3 ...................................................................................................... 79 1320

1968 ......... 2 1(a)(1), (2) .................................................................................. 82 1369

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