H. R. 1758

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

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

SECTION 1. (a) Certain general and permanent laws of the

United States, related to transportation, are revised, codified, and

enacted by subsections (c)–(e) of this section without substantive

change as subtitles II, III, and V–X of title 49, United States

Code, ‘‘Transportation’’. Those laws may be cited as ‘‘49 U.S.C.

––––––’’.

(b) Title 49, United States Code, is amended by striking the

table of subtitles at the beginning of the title and substituting

the following new table 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’’.

(c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising

sections 31501–31504) of subtitle VI of title 49, as enacted by

subsection (e) of this section.

(d) Title 49, United States Code, is amended by adding the

following immediately after subtitle I:

SUBTITLE II—OTHER GOVERNMENT AGENCIES

CHAPTER Sec.

11. NATIONAL TRANSPORTATION SAFETY BOARD .............................. 1101
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CHAPTER 11—NATIONAL TRANSPORTATION SAFETY

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.

SUBCHAPTER I—GENERAL

§ 1101. Definitions

Section 40102(a) of this title applies to this chapter.

SUBCHAPTER II—ORGANIZATION AND ADMINISTRATIVE

§ 1111. General organization

(a) ORGANIZATION.—The National Transportation Safety Board

is an independent establishment of the United States Government.

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

5 members appointed by the President, by and with the advice

and consent of the Senate. Not more than 3 members may be

appointed from the same political party. At least 3 members shall

be appointed on the basis of technical qualification, professional

standing, and demonstrated knowledge in accident reconstruction,

safety engineering, human factors, transportation safety, or

transportation regulation.

(c) TERMS OF OFFICE AND REMOVAL.—The term of office of

each member is 5 years. An individual appointed to fill a vacancy

occurring before the expiration of the term for which the predecessor

of that individual was appointed, is appointed for the remainder

of that term. When the term of office of a member ends, the

member may continue to serve until a successor is appointed and

qualified. The President may remove a member for inefficiency,

neglect of duty, or malfeasance in office.

(d) CHAIRMAN AND VICE CHAIRMAN.—The President shall designate, by and with the advice and consent of the Senate, a Chairman of the Board. The President also shall designate a Vice Chairman of the Board. The terms of office of both the Chairman and
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Vice Chairman are 2 years. When the Chairman is absent or

unable to serve or when the position of Chairman is vacant, the

Vice Chairman acts as Chairman.

(e) DUTIES AND POWERS OF CHAIRMAN.—The Chairman is the

chief executive and administrative officer of the Board. Subject

to the general policies and decisions of the Board, the Chairman

shall—

(1) appoint, supervise, and fix the pay of officers and

employees necessary to carry out this chapter;

(2) distribute business among the officers, employees, and

administrative units of the Board; and

(3) supervise the expenditures of the Board.

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

carrying out duties and powers of the Board.

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

to investigate and report on the safe transportation of hazardous

material. The Board shall establish distinct and appropriately

staffed bureaus, divisions, or offices to investigate and report on

accidents involving each of the following modes of transportation:

(1) aviation.

(2) highway and motor vehicle.

(3) rail and tracked vehicle.

(4) pipeline.

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

recognized.

§ 1112. Special boards of inquiry on air transportation safety

(a) ESTABLISHMENT.—If an accident involves a substantial question about public safety in air transportation, the National

Transportation Safety Board may establish a special board of

inquiry composed of—

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

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

President on notification of the establishment of the special

board of inquiry.

(b) QUALIFICATIONS AND CONFLICTS OF INTEREST.—The public

members of a special board of inquiry must be qualified by training

and experience to participate in the inquiry and may not have

a pecuniary interest in an aviation enterprise involved in the

accident to be investigated.

(c) AUTHORITY.—A special board of inquiry has the same authority that the Board has under this chapter.

§ 1113. Administrative

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

Safety Board, and when authorized by it, a member of the Board,

an administrative law judge employed by or assigned to the Board,

or an officer or employee designated by the Chairman of the Board,

may conduct hearings to carry out this chapter, administer oaths,

and require, by subpena or otherwise, necessary witnesses and

evidence.

(2) A witness or evidence in a hearing under paragraph (1)

of this subsection may be summoned or required to be produced

from any place in the United States to the designated place of

the hearing. A witness summoned under this subsection is entitled
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to the same fee and mileage the witness would have been paid

in a court of the United States.

(3) A subpena shall be issued under the signature of the Chairman or the Chairman’s delegate but may be served by any person

designated by the Chairman.

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

of the Board, the Board may bring a civil action in a district

court of the United States to enforce the subpena, order, or notice.

An action under this paragraph may be brought in the judicial

district in which the person against whom the action is brought

resides, is found, or does business. The court may punish a failure

to obey an order of the court to comply with the subpena, order,

or notice as a contempt of court.

(b) ADDITIONAL POWERS.—(1) The Board may—

(A) procure the temporary or intermittent services of

experts or consultants under section 3109 of title 5;

(B) make agreements and other transactions necessary to

carry out this chapter without regard to section 3709 of the

Revised Statutes (41 U.S.C. 5);

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

personnel, and facilities of a department, agency, or instrumentality of the United States Government on a reimbursable

or other basis;

(D) confer with employees and use services, records, and

facilities of State and local governmental authorities;

(E) appoint advisory committees composed of qualified private citizens and officials of the Government and State and

local governments as appropriate; (F) accept voluntary and uncompensated services notwithstanding another law; (G) accept gifts of money and other property;

(H) make contracts with nonprofit entities to carry out

studies related to duties and powers of the Board; and

(I) require that the departments, agencies, and instrumentalities of the Government, State and local governments, and

governments of foreign countries provide appropriate consideration for the reasonable costs of goods and services supplied

by the Board.

(2) The Board shall deposit in the Treasury amounts received under paragraph (1)(I) of this subsection to be credited to the

appropriation of the Board.

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

Board submits to the President or the Director of the Office of

Management and Budget a budget estimate, budget request, supplemental budget estimate, other budget information, a legislative

recommendation, prepared testimony for congressional hearings,

or comments on legislation, the Board must submit a copy to

Congress at the same time. An officer, department, agency, or

instrumentality of the Government may not require the Board

to submit the estimate, request, information, recommendation, testimony, or comments to another officer, department, agency, or

instrumentality of the Government for approval, comment, or review

before being submitted to Congress.

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

number of committees that are appropriate to maintain effective

liaison with other departments, agencies, and instrumentalities of

the Government, State and local governmental authorities, and
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independent standard-setting authorities that carry out programs

and activities related to transportation safety. The Board may designate representatives to serve on or assist those committees.

(e) INQUIRIES.—The Board, or an officer or employee of the

Board designated by the Chairman, may conduct an inquiry to

obtain information related to transportation safety after publishing

notice of the inquiry in the Federal Register. The Board or designated officer or employee may require by order a department,

agency, or instrumentality of the Government, a State or local

governmental authority, or a person transporting individuals or

property in commerce to submit to the Board a written report

and answers to requests and questions related to a duty or power

of the Board. The Board may prescribe the time within which

the report and answers must be given to the Board or to the

designated officer or employee. Copies of the report and answers

shall be made available for public inspection.

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

carry out this chapter.

§ 1114. Disclosure, availability, and use of information

(a) GENERAL.—Except as provided in subsections (b) and (c)

of this section, a copy of a record, information, or investigation

submitted or received by the National Transportation Safety Board,

or a member or employee of the Board, shall be made available

to the public on identifiable request and at reasonable cost. This

subsection does not require the release of information described

by section 552(b) of title 5 or protected from disclosure by another

law of the United States.

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

related to a trade secret referred to in section 1905 of title 18

only— (A) to another department, agency, or instrumentality of

the United States Government when requested for official use;

(B) to a committee of Congress having jurisdiction over

the subject matter to which the information is related, when

requested by that committee; (C) in a judicial proceeding under a court order that preserves the confidentiality of the information without impairing

the proceeding; and (D) to the public to protect health and safety after giving

notice to any interested person to whom the information is

related and an opportunity for that person to comment in

writing, or orally in closed session, on the proposed disclosure,

if the delay resulting from notice and opportunity for comment

would not be detrimental to health and safety.

(2) Information disclosed under paragraph (1) of this subsection

may be disclosed only in a way designed to preserve its confidentiality.

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

Board may not disclose publicly any part of a cockpit voice recorder

recording or transcript of oral communications by and between

flight crew members and ground stations related to an accident

or incident investigated by the Board. However, the Board shall

make public any part of a transcript the Board decides is relevant

to the accident or incident—

(A) if the Board holds a public hearing on the accident

or incident, at the time of the hearing; or
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(B) if the Board does not hold a public hearing, at the

time a majority of the other factual reports on the accident

or incident are placed in the public docket.

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

at any time to cockpit voice recorder information in making safety

recommendations.

(d) DRUG TESTS.—(1) Notwithstanding section 503(e) of the

Supplemental Appropriations Act, 1987 (Public Law 100–71, 101

Stat. 471), the Secretary of Transportation shall provide the following information to the Board when requested in writing by the

Board:

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

verified as positive by a medical review officer, conducted on

an officer or employee of the Department of Transportation

under post-accident, unsafe practice, or reasonable suspicion

toxicological testing requirements of the Department, when the

officer or employee is reasonably associated with the circumstances of an accident or incident under the investigative

jurisdiction of the Board.

(B) any laboratory record documenting that the test is

confirmed positive.

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

the Board shall maintain the confidentiality of, and exempt from

disclosure under section 552(b)(3) of title 5—

(A) a laboratory record provided the Board under paragraph

(1) of this subsection that reveals medical use of a drug allowed

under applicable regulations; and

(B) medical information provided by the tested officer or

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

(3) The Board may use a laboratory record made available under paragraph (1) of this subsection to develop an evidentiary

record in an investigation of an accident or incident if— (A) the fitness of the tested officer or employee is at issue

in the investigation; and (B) the use of that record is necessary to develop the

evidentiary record.

§ 1115. Training

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

Transportation Safety Institute of the Department of Transportation

and any successor organization of the Institute. (b) USE OF INSTITUTE SERVICES.—The National Transportation

Safety Board may use, on a reimbursable basis, the services of

the Institute. The Secretary of Transportation shall make the

Institute available to—

(1) the Board for safety training of employees of the Board

in carrying out their duties and powers; and

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

State and local governments, governments of foreign countries,

interstate authorities, and private organizations the Board designates in consultation with the Secretary.

(c) FEES.—(1) Training at the Institute for safety personnel

(except employees of the Government) shall be provided at a reasonable fee established periodically by the Board in consultation with

the Secretary. The fee shall be paid directly to the Secretary,

and the Secretary shall deposit the fee in the Treasury. The amount

of the fee—
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(A) shall be credited to the appropriate appropriation (subject to the requirements of any annual appropriation); and

(B) is an offset against any annual reimbursement agreement between the Board and the Secretary to cover all reasonable costs of providing training under this subsection that the

Secretary incurs in operating the Institute.

(2) The Board shall maintain an annual record of offsets under

paragraph (1)(B) of this subsection.

§ 1116. Reports and studies

(a) PERIODIC REPORTS.—The National Transportation Safety

Board shall report periodically to Congress, departments, agencies,

and instrumentalities of the United States Government and State

and local governmental authorities concerned with transportation

safety, and other interested persons. The report shall—

(1) advocate meaningful responses to reduce the likelihood

of transportation accidents similar to those investigated by

the Board; and

(2) propose corrective action to make the transportation

of individuals as safe and free from risk of injury as possible,

including action to minimize personal injuries that occur in

transportation accidents.

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

also shall—

(1) carry out special studies and investigations about

transportation safety, including avoiding personal injury;

(2) examine techniques and methods of accident investigation and periodically publish recommended procedures for

accident investigations;

(3) prescribe requirements for persons reporting accidents

and aviation incidents that—

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

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

forces and the intelligence agencies);

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

findings of the Board about the transportation safety consciousness of other departments, agencies, and instrumentalities of

the Government and their effectiveness in preventing accidents;

and

(5) evaluate the adequacy of safeguards and procedures

for the transportation of hazardous material and the performance of other departments, agencies, and instrumentalities of

the Government responsible for the safe transportation of that

material.

§ 1117. Annual report

The National Transportation Safety Board shall submit a report

to Congress on July 1 of each year. The report shall include—

(1) a statistical and analytical summary of the transportation accident investigations conducted and reviewed by the

Board during the prior calendar year;

(2) a survey and summary of the recommendations made

by the Board to reduce the likelihood of recurrence of those

accidents together with the observed response to each recommendation;
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(3) a detailed appraisal of the accident investigation and

accident prevention activities of other departments, agencies,

and instrumentalities of the United States Government and

State and local governmental authorities having responsibility

for those activities under a law of the United States or a

State; and

(4) an evaluation conducted every 2 years of transportation

safety and recommendations for legislative and administrative

action and change.

§ 1118. Authorization of appropriations

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

to the National Transportation Safety Board for the fiscal year

ending September 30, 1993, to carry out this chapter. (b) EMERGENCY FUND.—The Board has an emergency fund of

$1,000,000 available for necessary expenses of the Board, not otherwise provided for, for accident investigations. The following amounts

may be appropriated to the fund: (1) $1,000,000 to establish the fund.

(2) amounts equal to amounts expended annually out of

the fund.

(c) AVAILABILITY OF AMOUNTS.—Amounts appropriated under

this section remain available until expended.

SUBCHAPTER III—AUTHORITY

§ 1131. General authority

(a) GENERAL.—(1) The National Transportation Safety Board

shall investigate or have investigated (in detail the Board prescribes) and establish the facts, circumstances, and cause or probable cause of—

(A) an aircraft accident the Board has authority to investigate under section 1132 of this title;

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

accident, the Board selects in cooperation with a State;

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

substantial property damage, or that involves a passenger train;

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

(E) a major marine casualty (except a casualty involving

only public vessels) occurring on the navigable waters or territorial sea of the United States, or involving a vessel of the

United States, under regulations prescribed jointly by the Board

and the head of the department in which the Coast Guard

is operating; and

(F) any other accident related to the transportation of

individuals or property when the Board decides—

(i) the accident is catastrophic;

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

(iii) the investigation of the accident would carry out

this chapter.

(2) An investigation by the Board under paragraph (1)(A)–

(D) or (F) of this subsection has priority over any investigation

by another department, agency, or instrumentality of the United

States Government. The Board shall provide for appropriate participation by other departments, agencies, or instrumentalities in the
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investigation. However, those departments, agencies, or instrumentalities may not participate in the decision of the Board about

the probable cause of the accident.

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

and (c)–(e) of this title do not affect the authority of another department, agency, or instrumentality of the Government to investigate

an accident under applicable law or to obtain information directly

from the parties involved in, and witnesses to, the accident. The

Board and other departments, agencies, and instrumentalities shall

ensure that appropriate information developed about the accident

is exchanged in a timely manner.

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

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

shall investigate and establish the facts, circumstances, and cause

or probable cause of a marine accident involving a public vessel

and any other vessel. The results of the investigation shall be

made available to the public.

(2) Paragraph (1) of this subsection and subsection (a)(1)(E)

of this section do not affect the responsibility, under another law

of the United States, of the head of the department in which

the Coast Guard is operating.

(c) ACCIDENTS NOT INVOLVING GOVERNMENT MISFEASANCE OR

NONFEASANCE.—(1) When asked by the Board, the Secretary of

Transportation may—

(A) investigate an accident described under subsection (a)

or (b) of this section in which misfeasance or nonfeasance

by the Government has not been alleged; and

(B) report the facts and circumstances of the accident to

the Board.

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

probable cause of an accident described under subsection (a) or

(b) of this section.

(d) ACCIDENT REPORTS.—The Board shall report on the facts

and circumstances of each accident investigated by it under subsection (a) or (b) of this section. The Board shall make each report

available to the public at reasonable cost.

§ 1132. Civil aircraft accident investigations

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

Safety Board shall investigate—

(A) each accident involving civil aircraft; and

(B) with the participation of appropriate military authorities, each accident involving both military and civil aircraft.

(2) A person employed under section 1113(b)(1) of this title

that is conducting an investigation or hearing about an aircraft

accident has the same authority to conduct the investigation or

hearing as the Board.

(b) NOTIFICATION AND REPORTING.—The Board shall prescribe

regulations governing the notification and reporting of accidents

involving civil aircraft.

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

for the participation of the Secretary of Transportation in the investigation of an aircraft accident under this chapter when participation is necessary to carry out the duties and powers of the Secretary.

However, the Secretary may not participate in establishing probable

cause.
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(d) ACCIDENTS INVOLVING ONLY MILITARY AIRCRAFT.—If an

accident involves only military aircraft and a duty of the Secretary

is or may be involved, the military authorities shall provide for

the participation of the Secretary. In any other accident involving

only military aircraft, the military authorities shall give the Board

or Secretary information the military authorities decide would

contribute to the promotion of air safety.

§ 1133. Review of other agency action

The National Transportation Safety Board shall review on

appeal—

(1) the denial, amendment, modification, suspension, or

revocation of a certificate issued by the Secretary of Transportation under section 44703, 44709, or 44710 of this title;

(2) the revocation of a certificate of registration under

section 44106 of this title;

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

the Coast Guard is operating on an appeal from the decision

of an administrative law judge denying, revoking, or suspending

a license, certificate, document, or register in a proceeding

under section 6101, 6301, or 7503, chapter 77, or section 9303

of title 46; and

(4) under section 46301(d)(5) of this title, an order imposing

a penalty under section 46301.

§ 1134. Inspections and autopsies

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

National Transportation Safety Board—

(1) on display of appropriate credentials and written notice

of inspection authority, may enter property where a transportation accident has occurred or wreckage from the accident

is located and do anything necessary to conduct an investigation; and

(2) during reasonable hours, may inspect any record, process, control, or facility related to an accident investigation

under this chapter.

(b) INSPECTION, TESTING, PRESERVATION, AND MOVING OF AIRCRAFT AND PARTS.—(1) In investigating an aircraft accident under

this chapter, the Board may inspect and test, to the extent necessary, any civil aircraft, aircraft engine, propeller, appliance, or

property on an aircraft involved in an accident in air commerce.

(2) Any civil aircraft, aircraft engine, propeller, appliance, or

property on an aircraft involved in an accident in air commerce

shall be preserved, and may be moved, only as provided by regulations of the Board.

(c) AVOIDING UNNECESSARY INTERFERENCE AND PRESERVING

EVIDENCE.—In carrying out subsection (a)(1) of this section, an

officer or employee may examine or test any vehicle, vessel, rolling

stock, track, or pipeline component. The examination or test shall

be conducted in a way that— (1) does not interfere unnecessarily with transportation

services provided by the owner or operator of the vehicle, vessel,

rolling stock, track, or pipeline component; and

(2) to the maximum extent feasible, preserves evidence

related to the accident, consistent with the needs of the investigation and with the cooperation of that owner or operator.
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(d) EXCLUSIVE AUTHORITY OF BOARD.—Only the Board has

the authority to decide on the way in which testing under this

section will be conducted, including decisions on the person that

will conduct the test, the type of test that will be conducted, and

any individual who will witness the test. Those decisions are

committed to the discretion of the Board. The Board shall make

any of those decisions based on the needs of the investigation

being conducted and, when applicable, subsections (a), (c), and

(e) of this section.

(e) PROMPTNESS OF TESTS AND AVAILABILITY OF RESULTS.—

An inspection, examination, or test under subsection (a) or (c)

of this section shall be started and completed promptly, and the

results shall be made available.

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

performed and have other tests made when necessary to investigate

an accident under this chapter. However, local law protecting religious beliefs related to autopsies shall be observed to the extent

consistent with the needs of the accident investigation.

(2) With or without reimbursement, the Board may obtain

a copy of an autopsy report performed by a State or local official

on an individual who died because of a transportation accident

investigated by the Board under this chapter.

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

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

submits a recommendation about transportation safety to the Secretary of Transportation, the Secretary shall give a formal written

response to each recommendation not later than 90 days after

receiving the recommendation. The response shall indicate whether

the Secretary intends—

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

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

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

(b) TIMETABLE FOR COMPLETING PROCEDURES AND REASONS

FOR REFUSALS.—A response under subsection (a)(1) or (2) of this

section shall include a copy of a proposed timetable for completing

the procedures. A response under subsection (a)(2) of this section

shall detail the reasons for the refusal to carry out procedures

on the remainder of the recommendation. A response under subsection (a)(3) of this section shall detail the reasons for the refusal

to carry out procedures.

(c) PUBLIC AVAILABILITY.—The Board shall make a copy of

each recommendation and response available to the public at

reasonable cost.

(d) REPORTS TO CONGRESS.—The Secretary shall submit to Congress on January 1 of each year a report containing each recommendation on transportation safety made by the Board to the

Secretary during the prior year and a copy of the Secretary’s

response to each recommendation.
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SUBCHAPTER IV—ENFORCEMENT AND PENALTIES

§ 1151. Aviation enforcement

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

Safety Board may bring a civil action in a district court of the

United States against a person to enforce section 1132, 1134(b)

or (f)(1)(related to an aircraft accident), or 1155(a) of this title

or a regulation prescribed or order issued under any of those sections. An action under this subsection may be brought in the judicial

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

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

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

(1) to enforce section 1132, 1134(b) or (f)(1)(related to an

aircraft accident), or 1155(a) of this title or a regulation prescribed or order issued under any of those sections; and

(2) to prosecute a person violating those sections or a

regulation prescribed or order issued under any of those sections.

(c) PARTICIPATION OF BOARD.—On request of the Attorney General, the Board may participate in a civil action to enforce section

1132, 1134(b) or (f)(1)(related to an aircraft accident), or 1155(a)

of this title.

§ 1152. Joinder and intervention in aviation proceedings

A person interested in or affected by a matter under consideration in a proceeding or a civil action to enforce section 1132,

1134(b) or (f)(1)(related to an aircraft accident), or 1155(a) of this

title, or a regulation prescribed or order issued under any of those

sections, may be joined as a party or permitted to intervene in

the proceeding or civil action.

§ 1153. Judicial review

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

States or the United States Court of Appeals for the District of

Columbia Circuit may review a final order of the National Transportation Safety Board under this chapter. A person disclosing a

substantial interest in the order may apply for review by filing

a petition not later than 60 days after the order of the Board

is issued.

(b) PERSONS SEEKING JUDICIAL REVIEW OF AVIATION MATTERS.—(1) A person disclosing a substantial interest in an order

related to an aviation matter issued by the Board under this chapter

may apply for review of the order by filing a petition for review

in the United States Court of Appeals for the District of Columbia

Circuit or in the court of appeals of the United States for the

circuit in which the person resides or has its principal place of

business. The petition must be filed not later than 60 days after

the order is issued. The court may allow the petition to be filed

after the 60 days only if there was a reasonable ground for not

filing within that 60-day period. (2) When a petition is filed under paragraph (1) of this subsection, the clerk of the court immediately shall send a copy of

the petition to the Board. The Board shall file with the court

a record of the proceeding in which the order was issued.

(3) When the petition is sent to the Board, the court has

exclusive jurisdiction to affirm, amend, modify, or set aside any
H. R. 1758—13

part of the order and may order the Board to conduct further

proceedings. After reasonable notice to the Board, the court may

grant interim relief by staying the order or taking other appropriate

action when cause for its action exists. Findings of fact by the

Board, if supported by substantial evidence, are conclusive.

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

may consider an objection to an order of the Board only if the

objection was made in the proceeding conducted by the Board

or if there was a reasonable ground for not making the objection

in the proceeding.

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

only by the Supreme Court under section 1254 of title 28.

(c) ADMINISTRATOR SEEKING JUDICIAL REVIEW OF AVIATION

MATTERS.—When the Administrator of the Federal Aviation

Administration decides that an order of the Board under section

44709 or 46301(d)(5) of this title will have a significant adverse

impact on carrying out this chapter related to an aviation matter,

the Administrator may obtain judicial review of the order under

section 46110 of this title. The Administrator shall be made a

party to the judicial review proceedings. Findings of fact of the

Board are conclusive if supported by substantial evidence.

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

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

this subsection, a party in a judicial proceeding may not use discovery to obtain—

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

the National Transportation Safety Board has not made available to the public under section 1114(c) of this title; and

(B) a cockpit voice recorder recording. (2)(A) Except as provided in paragraph (4)(A) of this subsection,

a court may allow discovery by a party of a cockpit voice recorder

transcript if, after an in camera review of the transcript, the court

decides that—

(i) the part of the transcript made available to the public

under section 1114(c) of this title does not provide the party

with sufficient information for the party to receive a fair trial;

and

(ii) discovery of additional parts of the transcript is necessary to provide the party with sufficient information for the

party to receive a fair trial.

(B) A court may allow discovery, or require production for

an in camera review, of a cockpit voice recorder transcript that

the Board has not made available under section 1114(c) of this

title only if the cockpit voice recorder recording is not available.

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

a court may allow discovery by a party of a cockpit voice recorder

recording if, after an in camera review of the recording, the court

decides that—

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

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

discovery under paragraph (2) of this subsection do not provide

the party with sufficient information for the party to receive

a fair trial; and

(B) discovery of the cockpit voice recorder recording is

necessary to provide the party with sufficient information for

the party to receive a fair trial.
H. R. 1758—14

(4)(A) When a court allows discovery in a judicial proceeding of a part of a cockpit voice recorder transcript not made available

to the public under section 1114(c) of this title or a cockpit voice

recorder recording, the court shall issue a protective order— (i) to limit the use of the part of the transcript or the

recording to the judicial proceeding; and (ii) to prohibit dissemination of the part of the transcript

or the recording to any person that does not need access to

the part of the transcript or the recording for the proceeding.

(B) A court may allow a part of a cockpit voice recorder transcript not made available to the public under section 1114(c) of

this title or a cockpit voice recorder recording to be admitted into

evidence in a judicial proceeding, only if the court places the part

of the transcript or the recording under seal to prevent the use

of the part of the transcript or the recording for purposes other

than for the proceeding. (5) This subsection does not prevent the Board from referring

at any time to cockpit voice recorder information in making safety

recommendations.

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

an accident or an investigation of an accident, may be admitted

into evidence or used in a civil action for damages resulting from

a matter mentioned in the report.

§ 1155. Aviation penalties

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

1134(b) or (f)(1)(related to an aircraft accident) of this title or

a regulation prescribed or order issued under either of those sections

is liable to the United States Government for a civil penalty of

not more than $1,000. A separate violation occurs for each day

a violation continues.

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

forces of the United States or an employee of the Department

of Defense subject to the Uniform Code of Military Justice when

the member or employee is performing official duties. The appropriate military authorities are responsible for taking necessary disciplinary action and submitting to the National Transportation

Safety Board a timely report on action taken. (3) The Board may compromise the amount of a civil penalty

imposed under this subsection.

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

imposed or compromised under this subsection from amounts it

owes the person liable for the penalty. (5) A civil penalty under this subsection may be collected by

bringing a civil action against the person liable for the penalty.

The action shall conform as nearly as practicable to a civil action

in admiralty. (b) CRIMINAL PENALTY.—A person that knowingly and without

authority removes, conceals, or withholds a part of a civil aircraft

involved in an accident, or property on the aircraft at the time

of the accident, shall be fined under title 18, imprisoned for not

more than 10 years, or both.

SUBTITLE III—GENERAL AND INTERMODAL

PROGRAMS

CHAPTER Sec.
H. R. 1758—15

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

CHAPTER 51—TRANSPORTATION OF HAZARDOUS

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. 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.

§ 5101. Purpose

The purpose of this chapter is to provide adequate protection

against the risks to life and property inherent in the transportation

of hazardous material in commerce by improving the regulatory

and enforcement authority of the Secretary of Transportation.

§ 5102. Definitions

In this chapter—

(1) ‘‘commerce’’ means trade or transportation in the jurisdiction of the United States—

(A) between a place in a State and a place outside

of the State; or

(B) that affects trade or transportation between a place

in a State and a place outside of the State.

(2) ‘‘hazardous material’’ means a substance or material

the Secretary of Transportation designates under section

5103(a) of this title.

(3) ‘‘hazmat employee’’—

(A) means an individual—

(i) employed by a hazmat employer; and

(ii) who during the course of employment directly

affects hazardous material transportation safety as the

Secretary decides by regulation;

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

transporting hazardous material in commerce; and

(C) includes an individual, employed by a hazmat

employer, who during the course of employment—
H. R. 1758—16

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

(ii) manufactures, reconditions, or tests containers,

drums, and packages represented as qualified for use

in transporting hazardous material;

(iii) prepares hazardous material for transportation;

(iv) is responsible for the safety of transporting

hazardous material; or

(v) operates a vehicle used to transport hazardous

material.

(4) ‘‘hazmat employer’’—

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

that person in connection with—

(i) transporting hazardous material in commerce;

(ii) causing hazardous material to be transported

in commerce; or

(iii) manufacturing, reconditioning, or testing

containers, drums, and packages represented as qualified for use in transporting hazardous material;

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

transporting hazardous material in commerce; and

(C) includes a department, agency, or instrumentality

of the United States Government, or an authority of a

State, political subdivision of a State, or Indian tribe, carrying out an activity described in subclause (A)(i), (ii), or

(iii) of this clause (4).

(5) ‘‘imminent hazard’’ means the existence of a condition

that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment

to health, property, or the environment may occur before the

reasonably foreseeable completion date of a formal proceeding

begun to lessen the risk of that death, illness, injury, or

endangerment. (6) ‘‘Indian tribe’’ has the same meaning given that term

in section 4 of the Indian Self-Determination and Education

Assistance Act (25 U.S.C. 450b).

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

contract carrier, motor private carrier, and freight forwarder

as those terms are defined in section 10102 of this title.

(8) ‘‘national response team’’ means the national response

team established under the national contingency plan established under section 105 of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9605).

(9) ‘‘person’’, in addition to its meaning under section 1

of title 1—

(A) includes a government, Indian tribe, or authority

of a government or tribe offering hazardous material for

transportation in commerce or transporting hazardous

material to further a commercial enterprise; but

(B) does not include—

(i) the United States Postal Service; and

(ii) in sections 5123 and 5124 of this title, a department, agency, or instrumentality of the Government.

(10) ‘‘public sector employee’’—

(A) means an individual employed by a State, political

subdivision of a State, or Indian tribe and who during
H. R. 1758—17

the course of employment has responsibilities related to

responding to an accident or incident involving the

transportation of hazardous material;

(B) includes an individual employed by a State, political

subdivision of a State, or Indian tribe as a firefighter

or law enforcement officer; and

(C) includes an individual who volunteers to serve

as a firefighter for a State, political subdivision of a State,

or Indian tribe.

(11) ‘‘State’’ means—

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

the United States, the District of Columbia, Puerto Rico,

the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, and any other territory or possession

of the United States designated by the Secretary; and

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

States and the District of Columbia.

(12) ‘‘transports’’ or ‘‘transportation’’ means the movement

of property and loading, unloading, or storage incidental to

the movement.

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

§ 5103. General regulatory authority

(a) DESIGNATING MATERIAL AS HAZARDOUS.—The Secretary of

Transportation shall designate material (including an explosive,

radioactive material, etiologic agent, flammable or combustible liquid or solid, poison, oxidizing or corrosive material, and compressed

gas) or a group or class of material as hazardous when the Secretary

decides that transporting the material in commerce in a particular

amount and form may pose an unreasonable risk to health and

safety or property.

(b) REGULATIONS FOR SAFE TRANSPORTATION.—(1) The Secretary shall prescribe regulations for the safe transportation of

hazardous material in intrastate, interstate, and foreign commerce.

The regulations—

(A) apply to a person—

(i) transporting hazardous material in commerce;

(ii) causing hazardous material to be transported in

commerce; or

(iii) manufacturing, fabricating, marking, maintaining,

reconditioning, repairing, or testing a package or container

that is represented, marked, certified, or sold by that person as qualified for use in transporting hazardous material

in commerce; and

(B) shall govern safety aspects of the transportation of

hazardous material the Secretary considers appropriate.

(2) A proceeding to prescribe the regulations must include

an opportunity for informal oral presentations.

§ 5104. Representation and tampering

(a) REPRESENTATION.—A person may represent, by marking

or otherwise, that—

(1) a container or package for transporting hazardous material is safe, certified, or complies with this chapter only if

the container or package meets the requirements of each regulation prescribed under this chapter; or
H. R. 1758—18

(2) hazardous material is present in a package, container,

motor vehicle, rail freight car, aircraft, or vessel only if the

material is present.

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

otherwise tamper unlawfully with—

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

required under this chapter or a regulation prescribed under

this chapter; or

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

aircraft, or vessel used to transport hazardous material.

§ 5105. Transporting certain highly radioactive material

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

and ‘‘spent nuclear fuel’’ have the same meanings given those

terms in section 2 of the Nuclear Waste Policy Act of 1982 (42

U.S.C. 10101).

(b) TRANSPORTATION SAFETY STUDY.—In consultation with the

Secretary of Energy, the Nuclear Regulatory Commission, potentially affected States and Indian tribes, representatives of the rail

transportation industry, and shippers of high-level radioactive waste

and spent nuclear fuel, the Secretary of Transportation shall conduct a study comparing the safety of using trains operated only

to transport high-level radioactive waste and spent nuclear fuel

with the safety of using other methods of rail transportation for

transporting that waste and fuel. The Secretary of Transportation

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

report on the results of the study.

(c) SAFE RAIL TRANSPORTATION REGULATIONS.—Not later than

November 16, 1992, after considering the results of the study conducted under subsection (b) of this section, the Secretary of

Transportation shall prescribe amendments to existing regulations

that the Secretary considers appropriate to provide for the safe

rail transportation of high-level radioactive waste and spent nuclear

fuel, including trains operated only for transporting high-level radioactive waste and spent nuclear fuel.

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

1991, the Secretary of Transportation shall conduct a study to

decide which factors, if any, shippers and carriers should consider

when selecting routes and modes that would enhance overall public

safety related to the transportation of high-level radioactive waste

and spent nuclear fuel. The study shall include— (1) notice and opportunity for public comment; and

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

following affect the overall public safety of the transportation: (A) population densities.

(B) types and conditions of modal infrastructures

(including highways, railbeds, and waterways).

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

nuclear fuel.

(D) emergency response capabilities.

(E) exposure and other risk factors.

(F) terrain considerations.

(G) continuity of routes.

(H) available alternative routes.

(I) environmental impact factors.

(e) INSPECTIONS OF MOTOR VEHICLES TRANSPORTING CERTAIN

MATERIAL.—(1) Not later than November 16, 1991, the Secretary
H. R. 1758—19

of Transportation shall require by regulation that before each use

of a motor vehicle to transport a highway-route-controlled quantity

of radioactive material in commerce, the vehicle shall be inspected

and certified as complying with this chapter and applicable United

States motor carrier safety laws and regulations. The Secretary

may require that the inspection be carried out by an authorized

United States Government inspector or according to appropriate

State procedures.

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

transporting or causing to be transported a highway-route-controlled quantity of radioactive material, to inspect the motor vehicle

used to transport the material and to certify that the vehicle complies with this chapter. The inspector qualification requirements

the Secretary prescribes for an individual inspecting a motor vehicle

apply to an individual conducting an inspection under this paragraph.

§ 5106. Handling criteria

The Secretary of Transportation may prescribe criteria for handling hazardous material, including—

(1) a minimum number of personnel;

(2) minimum levels of training and qualifications for

personnel;

(3) the kind and frequency of inspections;

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

risks posed by the hazardous material;

(5) specifications for the use of equipment and facilities

used in handling and transporting the hazardous material;

and

(6) a system of monitoring safety procedures for transporting the hazardous material.

§ 5107. Hazmat employee training requirements and grants

(a) TRAINING REQUIREMENTS.—The Secretary of Transportation

shall prescribe by regulation requirements for training that a

hazmat employer must give hazmat employees of the employer

on the safe loading, unloading, handling, storing, and transporting

of hazardous material and emergency preparedness for responding

to an accident or incident involving the transportation of hazardous

material. The regulations— (1) shall establish the date, as provided by subsection (b)

of this section, by which the training shall be completed; and (2) may provide for different training for different classes

or categories of hazardous material and hazmat employees.

(b) BEGINNING AND COMPLETING TRAINING.—A hazmat

employer shall begin the training of hazmat employees of the

employer not later than 6 months after the Secretary of Transportation prescribes the regulations under subsection (a) of this section.

The training shall be completed within a reasonable period of

time after—

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

(2) the date on which an individual is to begin carrying

out a duty or power of a hazmat employee if the individual

is employed as a hazmat employee after the 6-month period.

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

each hazmat employer shall certify, with documentation the Secretary of Transportation may require by regulation, that the hazmat
H. R. 1758—20

employees of the employer have received training and have been

tested on appropriate transportation areas of responsibility, including at least one of the following:

(1) recognizing and understanding the Department of

Transportation hazardous material classification system.

(2) the use and limitations of the Department hazardous

material placarding, labeling, and marking systems.

(3) general handling procedures, loading and unloading

techniques, and strategies to reduce the probability of release

or damage during or incidental to transporting hazardous material.

(4) health, safety, and risk factors associated with hazardous material and the transportation of hazardous material.

(5) appropriate emergency response and communication

procedures for dealing with an accident or incident involving

hazardous material transportation.

(6) the use of the Department Emergency Response Guidebook and recognition of its limitations or the use of equivalent

documents and recognition of the limitations of those documents.

(7) applicable hazardous material transportation regulations.

(8) personal protection techniques.

(9) preparing a shipping document for transporting hazardous material.

(d) COORDINATION OF TRAINING REQUIREMENTS.—In consultation with the Administrator of the Environmental Protection Agency

and the Secretary of Labor, the Secretary of Transportation shall

ensure that the training requirements prescribed under this section

do not conflict with—

(1) the requirements of regulations the Secretary of Labor

prescribes related to hazardous waste operations and emergency response that are contained in part 1910 of title 29,

Code of Federal Regulations; and

(2) the regulations the Agency prescribes related to worker

protection standards for hazardous waste operations that are

contained in part 311 of title 40, Code of Federal Regulations.

(e) TRAINING GRANTS.—In consultation with the Secretaries

of Transportation and Labor and the Administrator, the Director

of the National Institute of Environmental Health Sciences may

make grants to train hazmat employees under this section. A grant

under this subsection shall be made to a nonprofit organization

that demonstrates—

(1) expertise in conducting a training program for hazmat

employees; and

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

a target population of hazmat employees.

(f) RELATIONSHIP TO OTHER LAWS.—(1) Chapter 35 of title

44 does not apply to an activity of the Secretary of Transportation

under subsections (a)–(d) of this section.

(2) An action of the Secretary of Transportation under subsections (a)–(d) of this section and sections 5106, 5108(a)–(g)(1)

and (h), and 5109 of this title is not an exercise, under section

4(b)(1) of the Occupational Safety and Health Act of 1970 (29

U.S.C. 653(b)(1)), of statutory authority to prescribe or enforce

standards or regulations affecting occupational safety or health.
H. R. 1758—21

§ 5108. Registration

(a) PERSONS REQUIRED TO FILE.—(1) A person shall file a reg- istration statement with the Secretary of Transportation under

this subsection if the person is transporting or causing to be transported in commerce any of the following: (A) a highway-route-controlled quantity of radioactive material.

(B) more than 25 kilograms of a class A or B explosive in a motor vehicle, rail car, or transport container. (C) more than one liter in each package of a hazardous material the Secretary designates as extremely toxic by inhalation.

(D) hazardous material in a bulk package, container, or tank, as defined by the Secretary, if the package, container,

or tank has a capacity of at least 3,500 gallons or more than

468 cubic feet.

(E) a shipment of at least 5,000 pounds (except in a bulk packaging) of a class of hazardous material for which placarding

of a vehicle, rail car, or freight container is required under

regulations prescribed under this chapter.

(2) The Secretary of Transportation may require any of the following persons to file a registration statement with the Secretary

under this subsection:

(A) a person transporting or causing to be transported hazardous material in commerce and not required to file a

registration statement under paragraph (1) of this subsection. (B) a person manufacturing, fabricating, marking, maintaining, reconditioning, repairing, or testing a package

or container the person represents, marks, certifies, or sells

for use in transporting in commerce hazardous material the

Secretary designates.

(3) A person required to file a registration statement under this subsection may transport or cause to be transported, or manufacture, fabricate, mark, maintain, recondition, repair, or test a

package or container for use in transporting, hazardous material,

only if the person has a statement on file as required by this

subsection.

(b) FORM, CONTENTS, AND LIMITATION ON FILINGS.—(1) A reg- istration statement under subsection (a) of this section shall be

in the form and contain information the Secretary of Transportation

requires by regulation. The Secretary may use existing forms of

the Department of Transportation and the Environmental Protection Agency to carry out this subsection. The statement shall

include—

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

(B) a description of each activity the registrant carries

out for which filing a statement under subsection (a) of this

section is required; and

(C) each State in which the person carries out the activity. (2) A person carrying out more than one activity, or an activity

at more than one location, for which filing is required only has

to file one registration statement to comply with subsection (a)

of this section.

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

required to file a registration statement under subsection (a) of

this section must file the first statement not later than March
H. R. 1758—22

31, 1992. The Secretary of Transportation may extend that date

to September 30, 1992, for activities referred to in subsection (a)(1)

of this section. A person shall renew the statement periodically

consistent with regulations the Secretary prescribes, but not more

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

(2) The Secretary of Transportation shall decide by regulation

when and under what circumstances a registration statement must

be amended and the procedures to follow in amending the statement.

(d) SIMPLIFYING THE REGISTRATION PROCESS.—The Secretary

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

the number of applications, documents, and other information a

person is required to file under this chapter and other laws of

the United States.

(e) COOPERATION WITH ADMINISTRATOR.—The Administrator of

the Environmental Protection Agency shall assist the Secretary

of Transportation in carrying out subsections (a)–(g)(1) and (h)

of this section by providing the Secretary with information the

Secretary requests to carry out the objectives of subsections (a)–

(g)(1) and (h).

(f) AVAILABILITY OF STATEMENTS.—The Secretary of Transportation shall make a registration statement filed under subsection

(a) of this section available for inspection by any person for a

fee the Secretary establishes. However, this subsection does not

require the release of information described in section 552(f) of

title 5 or otherwise protected by law from disclosure to the public.

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

impose, and collect from a person required to file a registration

statement under subsection (a) of this section a fee necessary to

pay for the costs of the Secretary in processing the statement.

(2)(A) In addition to a fee established under paragraph (1)

of this subsection, the Secretary of Transportation shall establish

and impose by regulation and collect an annual fee. Subject to

subparagraph (B) of this paragraph, the fee shall be at least $250

but not more than $5,000 from each person required to file a

registration statement under this section. The Secretary shall determine the amount of the fee under this paragraph on at least

one of the following:

(i) gross revenue from transporting hazardous material.

(ii) the type of hazardous material transported or caused

to be transported.

(iii) the amount of hazardous material transported or

caused to be transported.

(iv) the number of shipments of hazardous material.

(v) the number of activities that the person carries out

for which filing a registration statement is required under

this section.

(vi) the threat to property, individuals, and the environment from an accident or incident involving the hazardous

material transported or caused to be transported.

(vii) the percentage of gross revenue derived from

transporting hazardous material.

(viii) the amount to be made available to carry out sections

5107(e), 5108(g)(2), 5115, and 5116 of this title.

(ix) other factors the Secretary considers appropriate.
H. R. 1758—23

(B) The Secretary of Transportation shall adjust the amount

being collected under this paragraph to reflect any unexpended

balance in the account established under section 5116(i) of this

title. However, the Secretary is not required to refund any fee

collected under this paragraph.

(C) The Secretary of Transportation shall transfer to the Secretary of the Treasury amounts the Secretary of Transportation

collects under this paragraph for deposit in the account the Secretary of the Treasury establishes under section 5116(i) of this

title.

(h) MAINTAINING PROOF OF FILING AND PAYMENT OF FEES.—

The Secretary of Transportation may prescribe regulations requiring

a person required to file a registration statement under subsection

(a) of this section to maintain proof of the filing and payment

of fees imposed under subsection (g) of this section.

(i) RELATIONSHIP TO OTHER LAWS.—(1) Chapter 35 of title

44 does not apply to an activity of the Secretary of Transportation

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

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

employer.

(B) Subsections (a)–(h) of this section do not apply to a department, agency, or instrumentality of the United States Government,

an authority of a State or political subdivision of a State, or an

employee of a department, agency, instrumentality, or authority

carrying out official duties.

§ 5109. Motor carrier safety permits

(a) REQUIREMENT.—A motor carrier may transport or cause

to be transported by motor vehicle in commerce hazardous material

only if the carrier holds a safety permit the Secretary of Transportation issues under this section authorizing the transportation and

keeps a copy of the permit, or other proof of its existence, in

the vehicle. The Secretary shall issue a permit if the Secretary

finds the carrier is fit, willing, and able— (1) to provide the transportation to be authorized by the

permit;

(2) to comply with this chapter and regulations the Secretary prescribes to carry out this chapter; and (3) to comply with applicable United States motor carrier

safety laws and regulations and applicable minimum financial

responsibility laws and regulations.

(b) APPLICABLE TRANSPORTATION.—The Secretary shall prescribe by regulation the hazardous material and amounts of hazardous material to which this section applies. However, this section

shall apply at least to transportation by a motor carrier, in amounts

the Secretary establishes, of—

(1) a class A or B explosive;

(2) liquefied natural gas;

(3) hazardous material the Secretary designates as

extremely toxic by inhalation; and

(4) a highway-route-controlled quantity of radioactive material, as defined by the Secretary.

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

with the Secretary for a safety permit to provide transportation

under this section. The Secretary may approve any part of the

application or deny the application. The application shall be under

oath and contain information the Secretary requires by regulation.
H. R. 1758—24

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

notice and an opportunity for a hearing, the Secretary may amend,

suspend, or revoke a safety permit, as provided by procedures

prescribed under subsection (e) of this section, when the Secretary

decides the motor carrier is not complying with a requirement

of this chapter, a regulation prescribed under this chapter, or an

applicable United States motor carrier safety law or regulation

or minimum financial responsibility law or regulation.

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

Secretary may amend, suspend, or revoke a permit before scheduling a hearing.

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

(1) application procedures, including form, content, and

fees necessary to recover the complete cost of carrying out

this section;

(2) standards for deciding the duration, terms, and limitations of a safety permit;

(3) procedures to amend, suspend, or revoke a permit;

and

(4) other procedures the Secretary considers appropriate

to carry out this section.

(f) SHIPPER RESPONSIBILITY.—A person offering hazardous

material for motor vehicle transportation in commerce may offer

the material to a motor carrier only if the carrier has a safety

permit issued under this section authorizing the transportation.

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

under a safety permit issued under this section only if the carrier

complies with conditions the Secretary finds are required to protect

public safety.

(h) REGULATIONS.—The Secretary shall prescribe regulations

necessary to carry out this section not later than November 16,

1991.

§ 5110. Shipping papers and disclosure

(a) PROVIDING SHIPPING PAPERS.—Each person offering for

transportation in commerce hazardous material to which the shipping paper requirements of the Secretary of Transportation apply

shall provide to the carrier providing the transportation a shipping

paper that makes the disclosures the Secretary prescribes under

subsection (b) of this section.

(b) CONSIDERATIONS AND REQUIREMENTS.—In carrying out subsection (a) of this section, the Secretary shall consider and may

require—

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

proper shipping name;

(2) the hazard class of the hazardous material;

(3) the identification number (UN/NA) of the hazardous

material;

(4) immediate first action emergency response information

or a way for appropriate reference to the information (that

must be available immediately); and

(5) a telephone number for obtaining more specific handling

and mitigation information about the hazardous material at

any time during which the material is transported.

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

carrier, and the person offering the hazardous material for transpor-
H. R. 1758—25

tation if a private motor carrier, shall keep the shipping paper

on the vehicle transporting the material.

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

the shipping paper shall be kept in a location the Secretary specifies

in a motor vehicle, train, vessel, aircraft, or facility until—

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

or

(B) the documents are made available to a representative

of a department, agency, or instrumentality of the United States

Government or a State or local authority responding to an

accident or incident involving the motor vehicle, train, vessel,

aircraft, or facility.

(d) DISCLOSURE TO EMERGENCY RESPONSE AUTHORITIES.—When

an incident involving hazardous material being transported in commerce occurs, the person transporting the material, immediately

on request of appropriate emergency response authorities, shall

disclose to the authorities information about the material.

§ 5111. Rail tank cars

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

to transport hazardous material in commerce only if the air brake

equipment support attachments of the car comply with the standards for attachments contained in sections 179.100-16 and 179.200-

19 of title 49, Code of Federal Regulations, in effect on November

16, 1990.

§ 5112. Highway routing of hazardous material

(a) APPLICATION.—(1) This section applies to a motor vehicle

only if the vehicle is transporting hazardous material in commerce

for which placarding of the vehicle is required under regulations

prescribed under this chapter. However, the Secretary of Transportation by regulation may extend application of this section or a

standard prescribed under subsection (b) of this section to—

(A) any use of a vehicle under this paragraph to transport

any hazardous material in commerce; and

(B) any motor vehicle used to transport hazardous material

in commerce.

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

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

(A) designations of specific highway routes over which

hazardous material may and may not be transported by motor

vehicle; and

(B) limitations and requirements related to highway routing.

(b) STANDARDS FOR STATES AND INDIAN TRIBES.—(1) The Secretary, in consultation with the States, shall prescribe by regulation

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

(A) a requirement that a highway routing designation,

limitation, or requirement of a State or Indian tribe shall

enhance public safety in the area subject to the jurisdiction

of the State or tribe and in areas of the United States not

subject to the jurisdiction of the State or tribe and directly

affected by the designation, limitation, or requirement;
H. R. 1758—26

(B) minimum procedural requirements to ensure public

participation when the State or Indian tribe is establishing

a highway routing designation, limitation, or requirement;

(C) a requirement that, in establishing a highway routing

designation, limitation, or requirement, a State or Indian tribe

consult with appropriate State, local, and tribal officials having

jurisdiction over areas of the United States not subject to

the jurisdiction of that State or tribe establishing the designation, limitation, or requirement and with affected industries;

(D) a requirement that a highway routing designation,

limitation, or requirement of a State or Indian tribe shall

ensure through highway routing for the transportation of

hazardous material between adjacent areas;

(E) a requirement that a highway routing designation,

limitation, or requirement of one State or Indian tribe affecting

the transportation of hazardous material in another State or

tribe may be established, maintained, and enforced by the

State or tribe establishing the designation, limitation, or

requirement only if—

(i) the designation, limitation, or requirement is agreed

to by the other State or tribe within a reasonable period

or is approved by the Secretary under subsection (d) of

this section; and

(ii) the designation, limitation, or requirement is not

an unreasonable burden on commerce;

(F) a requirement that establishing a highway routing designation, limitation, or requirement of a State or Indian tribe

be completed in a timely way; (G) a requirement that a highway routing designation,

limitation, or requirement of a State or Indian tribe provide

reasonable routes for motor vehicles transporting hazardous

material to reach terminals, facilities for food, fuel, repairs,

and rest, and places to load and unload hazardous material;

(H) a requirement that a State be responsible—

(i) for ensuring that political subdivisions of the State

comply with standards prescribed under this subsection

in establishing, maintaining, and enforcing a highway routing designation, limitation, or requirement; and (ii) for resolving a dispute between political subdivisions; and

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

this section, a State or Indian tribe shall consider—

(i) population densities;

(ii) the types of highways;

(iii) the types and amounts of hazardous material;

(iv) emergency response capabilities;

(v) the results of consulting with affected persons;

(vi) exposure and other risk factors;

(vii) terrain considerations;

(viii) the continuity of routes;

(ix) alternative routes;

(x) the effects on commerce;

(xi) delays in transportation; and

(xii) other factors the Secretary considers appropriate.

(2) The Secretary may not assign a specific weight that a

State or Indian tribe shall use when considering the factors under

paragraph (1)(I) of this subsection.
H. R. 1758—27

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

States, the Secretary shall update and publish periodically a list

of currently effective hazardous material highway route designations.

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

regulations for resolving a dispute related to through highway

routing or to an agreement with a proposed highway route designation, limitation, or requirement between or among States, political

subdivisions of different States, or Indian tribes.

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

subsection may petition the Secretary to resolve the dispute. The

Secretary shall resolve the dispute not later than one year after

receiving the petition. The resolution shall provide the greatest

level of highway safety without being an unreasonable burden on

commerce and shall ensure compliance with standards prescribed

under subsection (b) of this section.

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

action about the subject matter of the dispute may be brought

in a court only after the earlier of—

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

(ii) the last day of the one-year period beginning on the

day the Secretary receives the petition.

(B) A State or Indian tribe adversely affected by a decision

of the Secretary under this subsection may bring a civil action

for judicial review of the decision in an appropriate district court

of the United States not later than 89 days after the day the

decision becomes final.

(e) RELATIONSHIP TO OTHER LAWS.—This section and regulations prescribed under this section do not affect sections 31111

and 31113 of this title or section 127 of title 23.

(f) EXISTING RADIOACTIVE MATERIAL ROUTING REGULATIONS.— The Secretary is not required to amend or again prescribe regulations related to highway routing designations over which radioactive

material may and may not be transported by motor vehicles, and

limitations and requirements related to the routing, that were

in effect on November 16, 1990.

§ 5113. Unsatisfactory safety rating

(a) PROHIBITED TRANSPORTATION.—A motor carrier receiving

an unsatisfactory safety rating from the Secretary of Transportation

has 45 days to improve the rating to conditional or satisfactory.

Beginning on the 46th day and until the motor carrier receives

a conditional or satisfactory rating, a motor carrier not having

received a conditional or satisfactory rating during the 45-day period

may not operate a commercial motor vehicle (as defined in section

31132 of this title)—

(1) to transport hazardous material for which placarding

of a motor vehicle is required under regulations prescribed

under this chapter; or

(2) to transport more than 15 individuals.

(b) RATING REVIEW.—The Secretary shall review the factors

that resulted in a motor carrier receiving an unsatisfactory rating

not later than 30 days after the motor carrier requests a review.

(c) PROHIBITED GOVERNMENT USE.—A department, agency, or

instrumentality of the United States Government may not use

a motor carrier that has an unsatisfactory rating from the Secretary—
H. R. 1758—28

(1) to transport hazardous material for which placarding

of a motor vehicle is required under regulations prescribed

under this chapter; or

(2) to transport more than 15 individuals.

(d) PUBLIC AVAILABILITY AND UPDATING OF RATINGS.—The Secretary, in consultation with the Interstate Commerce Commission,

shall prescribe regulations amending the motor carrier safety regulations in subchapter B of chapter III of title 49, Code of Federal

Regulations, to establish a system to make readily available to

the public, and update periodically, the safety ratings of motor

carriers that have unsatisfactory ratings from the Secretary.

§ 5114. Air transportation of ionizing radiation material

(a) TRANSPORTING IN AIR COMMERCE.—Material that emits ionizing radiation spontaneously may be transported on a passengercarrying aircraft in air commerce (as defined in section 40102(a)

of this title) only if the material is intended for a use in, or

incident to, research or medical diagnosis or treatment and does

not present an unreasonable hazard to health and safety when

being prepared for, and during, transportation.

(b) PROCEDURES.—The Secretary of Transportation shall prescribe procedures for monitoring and enforcing regulations prescribed under this section.

(c) NONAPPLICATION.—This section does not apply to material

the Secretary decides does not pose a significant hazard to health

or safety when transported because of its low order of radioactivity.

§ 5115. Training curriculum for the public sector

(a) DEVELOPMENT AND UPDATING.—Not later than November

16, 1992, in coordination with the Director of the Federal Emergency

Management Agency, Chairman of the Nuclear Regulatory Commission, Administrator of the Environmental Protection Agency, Secretaries of Labor, Energy, and Health and Human Services, and

Director of the National Institute of Environmental Health Sciences,

and using the existing coordinating mechanisms of the national

response team and, for radioactive material, the Federal Radiological Preparedness Coordinating Committee, the Secretary of

Transportation shall develop and update periodically a curriculum

consisting of a list of courses necessary to train public sector emergency response and preparedness teams. Only in developing the

curriculum, the Secretary of Transportation shall consult with

regional response teams established under the national contingency

plan established under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42

U.S.C. 9605), representatives of commissions established under section 301 of the Emergency Planning and Community Right-ToKnow Act of 1986 (42 U.S.C. 11001), persons (including governmental entities) that provide training for responding to accidents

and incidents involving the transportation of hazardous material,

and representatives of persons that respond to those accidents

and incidents.

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

(1) shall include—

(A) a recommended course of study to train public

sector employees to respond to an accident or incident
H. R. 1758—29

involving the transportation of hazardous material and

to plan for those responses;

(B) recommended basic courses and minimum number

of hours of instruction necessary for public sector employees

to be able to respond safely and efficiently to an accident

or incident involving the transportation of hazardous material and to plan those responses; and

(C) appropriate emergency response training and planning programs for public sector employees developed under

other United States Government grant programs, including

those developed with grants made under section 126 of

the Superfund Amendments and Reauthorization Act of

1986 (42 U.S.C. 9660a); and

(2) may include recommendations on material appropriate

for use in a recommended basic course described in clause

(1)(B) of this subsection.

(c) TRAINING ON COMPLYING WITH LEGAL REQUIREMENTS.—

A recommended basic course described in subsection (b)(1)(B) of

this section shall provide the training necessary for public sector

employees to comply with—

(1) regulations related to hazardous waste operations and

emergency response contained in part 1910 of title 29, Code

of Federal Regulations, prescribed by the Secretary of Labor;

(2) regulations related to worker protection standards for

hazardous waste operations contained in part 311 of title 40,

Code of Federal Regulations, prescribed by the Administrator;

and

(3) standards related to emergency response training prescribed by the National Fire Protection Association.

(d) DISTRIBUTION AND PUBLICATION.—With the national

response team—

(1) the Director of the Federal Emergency Management

Agency shall distribute the curriculum and any updates to

the curriculum to the regional response teams and all committees and commissions established under section 301 of the

Emergency Planning and Community Right-To-Know Act of

1986 (42 U.S.C. 11001); and

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

programs that uses a course developed under this section for

training public sector employees to respond to an accident

or incident involving the transportation of hazardous material.

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

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

shall make grants to States—

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

under the Emergency Planning and Community Right-To-Know

Act of 1986 (42 U.S.C. 11001 et seq.), including ascertaining

flow patterns of hazardous material in a State and between

States; and

(B) to decide on the need for a regional hazardous material

emergency response team.

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

State under paragraph (1) of this subsection in a fiscal year only

if the State—

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

amounts of the United States Government) to develop, improve,
H. R. 1758—30

and carry out emergency plans under the Act will at least

equal the average level of expenditure for the last 2 fiscal

years; and

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

amount of the grant under paragraph (1) of this subsection

in the fiscal year to local emergency planning committees established under section 301(c) of the Act (42 U.S.C. 11001(c))

to develop emergency plans under the Act.

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

shall make grants to States and Indian tribes to train public sector

employees to respond to accidents and incidents involving hazardous

material.

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

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

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

certifies that the total amount the State or tribe expends (except

amounts of the Government) to train public sector employees

to respond to an accident or incident involving hazardous material will at least equal the average level of expenditure for

the last 2 fiscal years;

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

makes an agreement with the Secretary that the State or

tribe will use in that fiscal year, for training public sector

employees to respond to an accident or incident involving

hazardous material—

(i) a course developed or identified under section 5115

of this title; or

(ii) another course the Secretary decides is consistent

with the objectives of this section; and

(C) to a State only if the State agrees to make available

at least 75 percent of the amount of the grant under paragraph

(1) of this subsection in the fiscal year for training public

sector employees a political subdivision of the State employs

or uses.

(3) A grant under this subsection may be used— (A) to pay— (i) the tuition costs of public sector employees being

trained;

(ii) travel expenses of those employees to and from

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

training facility; and (iv) travel expenses of individuals providing the training;

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

provide the training; and

(C) to make an agreement the Secretary of Transportation

approves authorizing a person (including an authority of a

State or political subdivision of a State or Indian tribe) to

provide the training—

(i) if the agreement allows the Secretary and the State

or tribe to conduct random examinations, inspections, and

audits of the training without prior notice; and

(ii) if the State or tribe conducts at least one onsite observation of the training each year.

(4) The Secretary of Transportation shall allocate amounts

made available for grants under this subsection for a fiscal year
H. R. 1758—31

among eligible States and Indian tribes based on the needs of

the States and tribes for emergency response training. In making

a decision about those needs, the Secretary shall consider—

(A) the number of hazardous material facilities in the State

or on land under the jurisdiction of the tribe;

(B) the types and amounts of hazardous material transported in the State or on that land;

(C) whether the State or tribe imposes and collects a fee

on transporting hazardous material;

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

related to transporting hazardous material; and

(E) other factors the Secretary decides are appropriate

to carry out this subsection.

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

Transportation may make a grant to a State under this section

in a fiscal year only if the State certifies that the State complies

with sections 301 and 303 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001, 11003).

(d) APPLICATIONS.—A State or Indian tribe interested in receiving a grant under this section shall submit an application to the

Secretary of Transportation. The application must be submitted

at the time, and contain information, the Secretary requires by

regulation to carry out the objectives of this section.

(e) GOVERNMENT’S SHARE OF COSTS.—A grant under this section

is for 80 percent of the cost the State or Indian tribe incurs in

the fiscal year to carry out the activity for which the grant is

made. Amounts of the State or tribe under subsections (a)(2)(A)

and (b)(2)(A) of this section are not part of the non-Government

share under this subsection.

(f) MONITORING AND TECHNICAL ASSISTANCE.—In coordination

with the Secretaries of Transportation and Energy, Administrator

of the Environmental Protection Agency, and Director of the

National Institute of Environmental Health Sciences, the Director

of the Federal Emergency Management Agency shall monitor public

sector emergency response planning and training for an accident

or incident involving hazardous material. Considering the results

of the monitoring, the Secretaries, Administrator, and Directors

each shall provide technical assistance to a State, political subdivision of a State, or Indian tribe for carrying out emergency response

training and planning for an accident or incident involving hazardous material and shall coordinate the assistance using the existing

coordinating mechanisms of the national response team and, for

radioactive material, the Federal Radiological Preparedness Coordinating Committee.

(g) DELEGATION OF AUTHORITY.—To minimize administrative

costs and to coordinate Government grant programs for emergency

response training and planning, the Secretary of Transportation

may delegate to the Directors of the Federal Emergency Management Agency and National Institute of Environmental Health

Sciences, Chairman of the Nuclear Regulatory Commission,

Administrator of the Environmental Protection Agency, and Secretaries of Labor and Energy any of the following:

(1) authority to receive applications for grants under this

section.

(2) authority to review applications for technical compliance

with this section.
H. R. 1758—32

(3) authority to review applications to recommend approval

or disapproval.

(4) any other ministerial duty associated with grants under

this section.

(h) MINIMIZING DUPLICATION OF EFFORT AND EXPENSES.—The

Secretaries of Transportation, Labor, and Energy, Directors of the

Federal Emergency Management Agency and National Institute

of Environmental Health Sciences, Chairman of the Nuclear Regulatory Commission, and Administrator of the Environmental Protection Agency shall review periodically, with the head of each department, agency, or instrumentality of the Government, all emergency

response and preparedness training programs of that department,

agency, or instrumentality to minimize duplication of effort and

expense of the department, agency, or instrumentality in carrying

out the programs and shall take necessary action to minimize

duplication.

(i) ANNUAL REGISTRATION FEE ACCOUNT AND ITS USES.—The

Secretary of the Treasury shall establish an account in the Treasury

into which the Secretary of the Treasury shall deposit amounts

the Secretary of Transportation collects under section 5108(g)(2)(A)

of this title and transfers to the Secretary of the Treasury under

section 5108(g)(2)(C) of this title. Without further appropriation,

amounts in the account are available—

(1) to make grants under this section and section 5107(e)

of this title;

(2) to monitor and provide technical assistance under subsection (f) of this section; and

(3) to pay administrative costs of carrying out this section and sections 5107(e), 5108(g)(2), and 5115 of this title, except

that not more than 10 percent of the amounts made available

from the account in a fiscal year may be used to pay those

costs.

§ 5117. Exemptions and exclusions

(a) AUTHORITY TO EXEMPT.—(1) As provided under procedures

prescribed by regulation, the Secretary of Transportation may issue

an exemption from this chapter or a regulation prescribed under

section 5103(b), 5104, 5110, or 5112 of this title to a person

transporting, or causing to be transported, hazardous material in

a way that achieves a safety level— (A) at least equal to the safety level required under this

chapter; or

(B) consistent with the public interest and this chapter,

if a required safety level does not exist.

(2) An exemption under this subsection is effective for not

more than 2 years and may be renewed on application to the

Secretary.

(b) APPLICATIONS.—When applying for an exemption or renewal

of an exemption under this section, the person must provide a

safety analysis prescribed by the Secretary that justifies the exemption. The Secretary shall publish in the Federal Register notice

that an application for an exemption has been filed and shall

give the public an opportunity to inspect the safety analysis and

comment on the application. This subsection does not require the

release of information protected by law from public disclosure.

(c) EXCLUSIONS.—(1) The Secretary shall exclude, in any part,

from this chapter and regulations prescribed under this chapter—
H. R. 1758—33

(A) a public vessel (as defined in section 2101 of title

46);

(B) a vessel exempted under section 3702 of title 46 from

chapter 37 of title 46; and

(C) a vessel to the extent it is regulated under the Ports

and Waterways Safety Act of 1972 (33 U.S.C. 1221 et seq.).

(2) This chapter and regulations prescribed under this chapter

do not prohibit—

(A) or regulate transportation of a firearm (as defined

in section 232 of title 18), or ammunition for a firearm, by

an individual for personal use; or

(B) transportation of a firearm or ammunition in commerce.

(d) LIMITATION ON AUTHORITY.—Unless the Secretary decides

that an emergency exists, an exemption or renewal granted under

this section is the only way a person subject to this chapter may

be exempt from this chapter.

§ 5118. Inspectors

(a) GENERAL REQUIREMENT.—The Secretary of Transportation

shall maintain the employment of 30 hazardous material safety

inspectors more than the total number of safety inspectors authorized for the fiscal year that ended September 30, 1990, for the

Federal Railroad Administration, the Federal Highway Administration, and the Research and Special Programs Administration.

(b) ALLOCATION TO PROMOTE SAFETY IN TRANSPORTING RADIOACTIVE MATERIAL.—(1) The Secretary shall ensure that 10 of the

30 additional inspectors focus on promoting safety in transporting

radioactive material, as defined by the Secretary, including inspecting— (A) at the place of origin, shipments of high-level radio- active waste or nuclear spent material (as those terms are

defined in section 5105(a) of this title); and

(B) to the maximum extent practicable shipments of radioactive material that are not high-level radioactive waste or

nuclear spent material.

(2) In carrying out their duties, those 10 additional inspectors

shall cooperate to the greatest extent possible with safety inspectors

of the Nuclear Regulatory Commission and appropriate State and

local government officials. (3) Those 10 additional inspectors shall be allocated as follows:

(A) one to the Research and Special Programs Administration.

(B) 3 to the Federal Railroad Administration.

(C) 3 to the Federal Highway Administration.

(D) the other 3 among the administrations referred to

in clauses (A)–(C) of this paragraph as the Secretary decides.

(c) ALLOCATION OF OTHER INSPECTORS.—The Secretary shall

allocate, as the Secretary decides, the 20 additional inspectors

authorized under this section and not allocated under subsection

(b) of this section among the administrations referred to in subsection (b)(3)(A)–(C) of this section.

§ 5119. Uniform forms and procedures

(a) WORKING GROUP.—The Secretary of Transportation shall

establish a working group of State and local government officials,

including representatives of the National Governors’ Association,

the National Association of Counties, the National League of Cities,
H. R. 1758—34

the United States Conference of Mayors, and the National Conference of State Legislatures. The purposes of the working group

are—

(1) to establish uniform forms and procedures for a State—

(A) to register persons that transport or cause to be

transported hazardous material by motor vehicle in the

State; and

(B) to allow the transportation of hazardous material

in the State; and

(2) to decide whether to limit the filing of any State registration and permit forms and collection of filing fees to the

State in which the person resides or has its principal place

of business.

(b) CONSULTATION AND REPORTING.—The working group—

(1) shall consult with persons subject to registration and

permit requirements described in subsection (a) of this section;

and

(2) not later than November 16, 1993, shall submit to

the Secretary, the Committee on Commerce, Science, and

Transportation of the Senate, and the Committee on Public

Works and Transportation of the House of Representatives

a final report that contains—

(A) a detailed statement of its findings and conclusions;

and

(B) its joint recommendations on the matters referred

to in subsection (a) of this section.

(c) REGULATIONS ON RECOMMENDATIONS.—(1) The Secretary

shall prescribe regulations to carry out the recommendations contained in the report submitted under subsection (b) of this section

with which the Secretary agrees. The regulations shall be prescribed

by the later of the last day of the 3-year period beginning on

the date the working group submitted its report or the last day

of the 90-day period beginning on the date on which at least

26 States adopt all of the recommendations of the report. A regulation prescribed under this subsection may not define or limit the

amount of a fee a State may impose or collect.

(2) A regulation prescribed under this subsection takes effect

one year after it is prescribed. The Secretary may extend the

one-year period for an additional year for good cause. After a

regulation is effective, a State may establish, maintain, or enforce

a requirement related to the same subject matter only if the requirement is the same as the regulation.

(3) In consultation with the working group, the Secretary shall

develop a procedure to eliminate differences in how States carry

out a regulation prescribed under this subsection.

(d) RELATIONSHIP TO OTHER LAWS.—The Federal Advisory

Committee Act (5 App. U.S.C.) does not apply to the working

group.

§ 5120. International uniformity of standards and requirements

(a) PARTICIPATION IN INTERNATIONAL FORUMS.—Subject to guidance and direction from the Secretary of State, the Secretary of

Transportation shall participate in international forums that establish or recommend mandatory standards and requirements for

transporting hazardous material in international commerce.
H. R. 1758—35

(b) CONSULTATION.—The Secretary of Transportation may consult with interested authorities to ensure that, to the extent practicable, regulations the Secretary prescribes under sections 5103(b),

5104, 5110, and 5112 of this title are consistent with standards

related to transporting hazardous material that international

authorities adopt.

(c) DIFFERENCES WITH INTERNATIONAL STANDARDS AND

REQUIREMENTS.—This section—

(1) does not require the Secretary of Transportation to

prescribe a standard identical to a standard adopted by an

international authority if the Secretary decides the standard

is unnecessary or unsafe; and

(2) does not prohibit the Secretary from prescribing a safety

requirement more stringent than a requirement included in

a standard adopted by an international authority if the Secretary decides the requirement is necessary in the public

interest.

§ 5121. Administrative

(a) GENERAL AUTHORITY.—To carry out this chapter, the Secretary of Transportation may investigate, make reports, issue

subpenas, conduct hearings, require the production of records and

property, take depositions, and conduct research, development, demonstration, and training activities. After notice and an opportunity

for a hearing, the Secretary may issue an order requiring compliance with this chapter or a regulation prescribed under this chapter.

(b) RECORDS, REPORTS, AND INFORMATION.—A person subject

to this chapter shall—

(1) maintain records, make reports, and provide information the Secretary by regulation or order requires; and (2) make the records, reports, and information available

when the Secretary requests.

(c) INSPECTION.—(1) The Secretary may authorize an officer,

employee, or agent to inspect, at a reasonable time and in a reasonable way, records and property related to— (A) manufacturing, fabricating, marking, maintaining,

reconditioning, repairing, testing, or distributing a package or

container for use by a person in transporting hazardous material in commerce; or

(B) the transportation of hazardous material in commerce.

(2) An officer, employee, or agent under this subsection shall

display proper credentials when requested. (d) FACILITY, STAFF, AND REPORTING SYSTEM ON RISKS, EMER- GENCIES, AND ACTIONS.—(1) The Secretary shall— (A) maintain a facility and technical staff sufficient to

provide, within the United States Government, the capability

of evaluating a risk related to the transportation of hazardous

material and material alleged to be hazardous;

(B) maintain a central reporting system and information

center capable of providing information and advice to law

enforcement and firefighting personnel, other interested

individuals, and officers and employees of the Government and

State and local governments on meeting an emergency related

to the transportation of hazardous material; and

(C) conduct a continuous review on all aspects of transporting hazardous material to decide on and take appropriate

actions to ensure safe transportation of hazardous material.
H. R. 1758—36

(2) Paragraph (1) of this subsection does not prevent the Secretary from making a contract with a private entity for use of

a supplemental reporting system and information center operated

and maintained by the contractor.

(e) ANNUAL REPORT.—The Secretary shall submit to the President, for submission to Congress, not later than June 15th of

each year, a report about the transportation of hazardous material

during the prior calendar year. The report shall include—

(1) a statistical compilation of accidents and casualties

related to the transportation of hazardous material;

(2) a list and summary of applicable Government regulations, criteria, orders, and exemptions;

(3) a summary of the basis for each exemption;

(4) an evaluation of the effectiveness of enforcement activities and the degree of voluntary compliance with regulations;

(5) a summary of outstanding problems in carrying out

this chapter in order of priority; and

(6) recommendations for appropriate legislation.

§ 5122. Enforcement

(a) GENERAL.—At the request of the Secretary of Transportation, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this chapter

or a regulation prescribed or order issued under this chapter. The

court may award appropriate relief, including punitive damages.

(b) IMMINENT HAZARDS.—(1) If the Secretary has reason to

believe that an imminent hazard exists, the Secretary may bring

a civil action in an appropriate district court of the United States—

(A) to suspend or restrict the transportation of the hazardous material responsible for the hazard; or

(B) to eliminate or ameliorate the hazard.

(2) On request of the Secretary, the Attorney General shall bring an action under paragraph (1) of this subsection.

§ 5123. Civil penalty

(a) PENALTY.—(1) A person that knowingly violates this chapter

or a regulation prescribed or order issued under this chapter is

liable to the United States Government for a civil penalty of at

least $250 but not more than $25,000 for each violation. A person

acts knowingly when— (A) the person has actual knowledge of the facts giving

rise to the violation; or

(B) a reasonable person acting in the circumstances and

exercising reasonable care would have that knowledge.

(2) A separate violation occurs for each day the violation,

committed by a person that transports or causes to be transported

hazardous material, continues.

(b) HEARING REQUIREMENT.—The Secretary of Transportation

may find that a person has violated this chapter or a regulation

prescribed under this chapter only after notice and an opportunity

for a hearing. The Secretary shall impose a penalty under this

section by giving the person written notice of the amount of the

penalty.

(c) PENALTY CONSIDERATIONS.—In determining the amount of

a civil penalty under this section, the Secretary shall consider—

(1) the nature, circumstances, extent, and gravity of the

violation;
H. R. 1758—37

(2) with respect to the violator, the degree of culpability,

any history of prior violations, the ability to pay, and any

effect on the ability to continue to do business; and

(3) other matters that justice requires.

(d) CIVIL ACTIONS TO COLLECT.—The Attorney General may

bring a civil action in an appropriate district court of the United

States to collect a civil penalty under this section.

(e) COMPROMISE.—The Secretary may compromise the amount

of a civil penalty imposed under this section before referral to

the Attorney General.

(f) SETOFF.—The Government may deduct the amount of a

civil penalty imposed or compromised under this section from

amounts it owes the person liable for the penalty.

(g) DEPOSITING AMOUNTS COLLECTED.—Amounts collected

under this section shall be deposited in the Treasury as miscellaneous receipts.

§ 5124. Criminal penalty

A person knowingly violating section 5104(b) of this title or

willfully violating this chapter or a regulation prescribed or order

issued under this chapter shall be fined under title 18, imprisoned

for not more than 5 years, or both.

§ 5125. Preemption

(a) GENERAL.—Except as provided in subsections (b), (c), and

(e) of this section, a requirement of a State, political subdivision

of a State, or Indian tribe is preempted if—

(1) complying with a requirement of the State, political

subdivision, or tribe and a requirement of this chapter or a

regulation prescribed under this chapter is not possible; or (2) the requirement of the State, political subdivision, or

tribe, as applied or enforced, is an obstacle to accomplishing

and carrying out this chapter or a regulation prescribed under

this chapter.

(b) SUBSTANTIVE DIFFERENCES.—(1) Except as provided in subsection (c) of this section, a law, regulation, order, or other requirement of a State, political subdivision of a State, or Indian tribe

about any of the following subjects, that is not substantively the

same as a provision of this chapter or a regulation prescribed

under this chapter, is preempted:

(A) the designation, description, and classification of

hazardous material.

(B) the packing, repacking, handling, labeling, marking,

and placarding of hazardous material. (C) the preparation, execution, and use of shipping documents related to hazardous material and requirements related

to the number, contents, and placement of those documents.

(D) the written notification, recording, and reporting of

the unintentional release in transportation of hazardous material.

(E) the design, manufacturing, fabricating, marking,

maintenance, reconditioning, repairing, or testing of a package

or container represented, marked, certified, or sold as qualified

for use in transporting hazardous material.

(2) If the Secretary of Transportation prescribes or has prescribed under section 5103(b), 5104, 5110, or 5112 of this title

or prior comparable provision of law a regulation or standard related
H. R. 1758—38

to a subject referred to in paragraph (1) of this subsection, a

State, political subdivision of a State, or Indian tribe may prescribe,

issue, maintain, and enforce only a law, regulation, standard, or

order about the subject that is substantively the same as a provision

of this chapter or a regulation prescribed or order issued under

this chapter. The Secretary shall decide on and publish in the

Federal Register the effective date of section 5103(b) of this title

for any regulation or standard about any of those subjects that

the Secretary prescribes after November 16, 1990. However, the

effective date may not be earlier than 90 days after the Secretary

prescribes the regulation or standard nor later than the last day

of the 2-year period beginning on the date the Secretary prescribes

the regulation or standard.

(3) If a State, political subdivision of a State, or Indian tribe

imposes a fine or penalty the Secretary decides is appropriate

for a violation related to a subject referred to in paragraph (1)

of this subsection, an additional fine or penalty may not be imposed

by any other authority.

(c) COMPLIANCE WITH SECTION 5112(b) REGULATIONS.—(1)

Except as provided in paragraph (2) of this subsection, after the

last day of the 2-year period beginning on the date a regulation

is prescribed under section 5112(b) of this title, a State or Indian

tribe may establish, maintain, or enforce a highway routing designation over which hazardous material may or may not be transported

by motor vehicles, or a limitation or requirement related to highway

routing, only if the designation, limitation, or requirement complies

with section 5112(b).

(2)(A) A highway routing designation, limitation, or requirement established before the date a regulation is prescribed under

section 5112(b) of this title does not have to comply with section

5112(b)(1)(B), (C), and (F).

(B) This subsection and section 5112 of this title do not require

a State or Indian tribe to comply with section 5112(b)(1)(I) if the

highway routing designation, limitation, or requirement was established before November 16, 1990.

(C) The Secretary may allow a highway routing designation,

limitation, or requirement to continue in effect until a dispute

related to the designation, limitation, or requirement is resolved

under section 5112(d) of this title.

(d) DECISIONS ON PREEMPTION.—(1) A person (including a State,

political subdivision of a State, or Indian tribe) directly affected

by a requirement of a State, political subdivision, or tribe may

apply to the Secretary, as provided by regulations prescribed by

the Secretary, for a decision on whether the requirement is preempted by subsection (a), (b)(1), or (c) of this section. The Secretary

shall publish notice of the application in the Federal Register.

After notice is published, an applicant may not seek judicial relief

on the same or substantially the same issue until the Secretary

takes final action on the application or until 180 days after the

application is filed, whichever occurs first.

(2) After consulting with States, political subdivisions of States,

and Indian tribes, the Secretary shall prescribe regulations for

carrying out paragraph (1) of this subsection.

(3) Subsection (a) of this section does not prevent a State,

political subdivision of a State, or Indian tribe, or another person

directly affected by a requirement, from seeking a decision on
H. R. 1758—39

preemption from a court of competent jurisdiction instead of applying to the Secretary under paragraph (1) of this subsection.

(e) WAIVER OF PREEMPTION.—A State, political subdivision of

a State, or Indian tribe may apply to the Secretary for a waiver

of preemption of a requirement the State, political subdivision,

or tribe acknowledges is preempted by subsection (a), (b)(1), or

(c) of this section. Under a procedure the Secretary prescribes

by regulation, the Secretary may waive preemption on deciding

the requirement—

(1) provides the public at least as much protection as

do requirements of this chapter and regulations prescribed

under this chapter; and

(2) is not an unreasonable burden on commerce.

(f) JUDICIAL REVIEW.—A party to a proceeding under subsection

(d) or (e) of this section may bring a civil action in an appropriate

district court of the United States for judicial review of the decision

of the Secretary not later than 60 days after the decision becomes

final.

(g) FEES.—A State, political subdivision of a State, or Indian

tribe may impose a fee related to transporting hazardous material

only if the fee is fair and used for a purpose related to transporting

hazardous material, including enforcement and planning, developing, and maintaining a capability for emergency response.

§ 5126. Relationship to other laws

(a) CONTRACTS.—A person under contract with a department,

agency, or instrumentality of the United States Government that

transports or causes to be transported hazardous material, or manufactures, fabricates, marks, maintains, reconditions, repairs, or tests

a package or container that the person represents, marks, certifies,

or sells as qualified for use in transporting hazardous material

must comply with this chapter, regulations prescribed and orders

issued under this chapter, and all other requirements of the Government, State and local governments, and Indian tribes (except a

requirement preempted by a law of the United States) in the

same way and to the same extent that any person engaging in

that transportation, manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing that is in or affects

commerce must comply with the provision, regulation, order, or

requirement.

(b) NONAPPLICATION.—This chapter does not apply to— (1) a pipeline subject to regulation under chapter 601 of

this title; or

(2) any matter that is subject to the postal laws and regulations of the United States under this chapter or title 18 or

39.

§ 5127. Authorization of appropriations

(a) GENERAL.—Not more than $18,000,000 may be appropriated

to the Secretary of Transportation for the fiscal year ending September 30, 1993, to carry out this chapter (except sections 5107(e),

5108(g)(2), 5113, 5115, 5116, and 5119).

(b) HAZMAT EMPLOYEE TRAINING.—Not more than $250,000

is available to the Director of the National Institute of Environmental Health Sciences from the account established under section

5116(i) of this title for each of the fiscal years ending September

30, 1993–1998, to carry out section 5107(e) of this title.
H. R. 1758—40

(c) TRAINING CURRICULUM.—(1) Not more than $1,000,000 is

available to the Secretary of Transportation from the account established under section 5116(i) of this title for each of the fiscal

years ending September 30, 1993–1998, to carry out section 5115

of this title.

(2) The Secretary of Transportation may transfer to the Director

of the Federal Emergency Management Agency from amounts available under this subsection amounts necessary to carry out section

5115(d)(1) of this title.

(d) PLANNING AND TRAINING.—(1) Not more than $5,000,000

is available to the Secretary of Transportation from the account

established under section 5116(i) of this title for each of the fiscal

years ending September 30, 1993–1998, to carry out section 5116(a)

of this title.

(2) Not more than $7,800,000 is available to the Secretary

of Transportation from the account established under section 5116(i)

of this title for each of the fiscal years ending September 30,

1993–1998, to carry out section 5116(b) of this title.

(3) Not more than the following amounts are available from

the account established under section 5116(i) of this title for each

of the fiscal years ending September 30, 1993–1998, to carry out

section 5116(f) of this title:

(A) $750,000 each to the Secretaries of Transportation and

Energy, Administrator of the Environmental Protection Agency,

and Director of the Federal Emergency Management Agency.

(B) $200,000 to the Director of the National Institute of

Environmental Health Sciences.

(e) UNIFORM FORMS AND PROCEDURES.—Not more than

$400,000 may be appropriated to the Secretary of Transportation

for the fiscal year ending September 30, 1993, to carry out section

5119 of this title.

(f) CREDITS TO APPROPRIATIONS.—The Secretary of Transportation may credit to any appropriation to carry out this chapter

an amount received from a State, Indian tribe, or other public

authority or private entity for expenses the Secretary incurs in

providing training to the State, authority, or entity. (g) AVAILABILITY OF AMOUNTS.—Amounts available under subsections (c)–(e) of this section remain available until expended.

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.
H. R. 1758—41

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.

§ 5301. Policies, findings, and purposes

(a) DEVELOPMENT OF TRANSPORTATION SYSTEMS.—It is in the

interest of the United States to encourage and promote the development of transportation systems that embrace various modes of

transportation and efficiently maximize mobility of individuals and

goods in and through urbanized areas and minimize transportationrelated fuel consumption and air pollution.

(b) GENERAL FINDINGS.—Congress finds that— (1) more than 70 percent of the population of the United

States is located in rapidly expanding urban areas that generally cross the boundary lines of local jurisdictions and often

extend into at least 2 States;

(2) the welfare and vitality of urban areas, the satisfactory

movement of people and goods within those areas, and the

effectiveness of programs aided by the United States Government are jeopardized by deteriorating or inadequate urban

transportation service and facilities, the intensification of traffic

congestion, and the lack of coordinated, comprehensive, and

continuing development planning;

(3) transportation is the lifeblood of an urbanized society,

and the health and welfare of an urbanized society depend

on providing efficient, economical, and convenient transportation in and between urban areas;

(4) for many years the mass transportation industry capably and profitably satisfied the transportation needs of the

urban areas of the United States but in the early 1970’s

continuing even minimal mass transportation service in urban

areas was threatened because maintaining that transportation

service was financially burdensome; (5) ending that transportation, or the continued increase

in its cost to the user, is undesirable and may affect seriously

and adversely the welfare of a substantial number of lower

income individuals;

(6) some urban areas were developing preliminary plans

for, or carrying out, projects in the early 1970’s to revitalize

their mass transportation operations;

(7) significant mass transportation improvements are necessary to achieve national goals for improved air quality, energy

conservation, international competitiveness, and mobility for

elderly individuals, individuals with disabilities, and economi-
H. R. 1758—42

cally disadvantaged individuals in urban and rural areas of

the United States;

(8) financial assistance by the Government to develop efficient and coordinated mass transportation systems is essential

to solve the urban transportation problems referred to in clause

(2) of this subsection; and

(9) immediate substantial assistance by the Government

is needed to enable mass transportation systems to continue

providing vital transportation service.

(c) RAPID URBANIZATION AND CONTINUING POPULATION DISPERSAL.—Rapid urbanization and continuing dispersal of the population

and activities in urban areas have made the ability of all citizens

to move quickly and at a reasonable cost an urgent problem of

the Government.

(d) ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES.—It is the policy of the Government that elderly individuals

and individuals with disabilities have the same right as other

individuals to use mass transportation service and facilities. Special

efforts shall be made in planning and designing mass transportation

service and facilities to ensure that mass transportation can be

used by elderly individuals and individuals with disabilities. All

programs of the Government assisting mass transportation shall

carry out this policy.

(e) PRESERVING THE ENVIRONMENT.—It is the policy of the

Government that special effort shall be made to preserve the natural

beauty of the countryside, public park and recreation lands, wildlife

and waterfowl refuges, and important historical and cultural assets

when planning, designing, and carrying out an urban mass

transportation capital project with assistance from the Government

under sections 5309 and 5310 of this title.

(f) GENERAL PURPOSES.—The purposes of this chapter are—

(1) to assist in developing improved mass transportation

equipment, facilities, techniques, and methods with the cooperation of public and private mass transportation companies;

(2) to encourage the planning and establishment of

areawide urban mass transportation systems needed for

economical and desirable urban development with the cooperation of public and private mass transportation companies;

(3) to assist States and local governments and their authorities in financing areawide urban mass transportation systems

that are to be operated by public or private mass transportation

companies as decided by local needs; (4) to provide financial assistance to State and local governments and their authorities to help carry out national goals

related to mobility for elderly individuals, individuals with

disabilities, and economically disadvantaged individuals; and

(5) to establish a partnership that allows a community,

with financial assistance from the Government, to satisfy its

urban mass transportation requirements.

§ 5302. Definitions

(a) GENERAL.—In this chapter—

(1) ‘‘capital project’’ means a project for—

(A) acquiring, constructing, supervising, or inspecting

equipment or a facility for use in mass transportation,

expenses incidental to the acquisition or construction

(including designing, engineering, location surveying, map-
H. R. 1758—43

ping, and acquiring rights of way), relocation assistance,

acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing;

(B) rehabilitating a bus that extends the economic

life of a bus for at least 5 years;

(C) remanufacturing a bus that extends the economic

life of a bus for at least 8 years; or

(D) overhauling rail rolling stock.

(2) ‘‘chief executive officer of a State’’ includes the designee

of the chief executive officer.

(3) ‘‘emergency regulation’’ means a regulation—

(A) that is effective temporarily before the expiration

of the otherwise specified periods of time for public notice

and comment under section 5334(b) of this title; and

(B) prescribed by the Secretary of Transportation as

the result of a finding that a delay in the effective date

of the regulation—

(i) would injure seriously an important public

interest;

(ii) would frustrate substantially legislative policy

and intent; or

(iii) would damage seriously a person or class without serving an important public interest.

(4) ‘‘fixed guideway’’ means a mass transportation facility—

(A) using and occupying a separate right of way or

rail for the exclusive use of mass transportation and other

high occupancy vehicles; or

(B) using a fixed catenary system and a right of way

usable by other forms of transportation.

(5) ‘‘handicapped individual’’ means an individual who,

because of illness, injury, age, congenital malfunction, or other

incapacity or temporary or permanent disability (including an

individual who is a wheelchair user or has semiambulatory

capability), cannot use effectively, without special facilities,

planning, or design, mass transportation service or a mass

transportation facility.

(6) ‘‘local governmental authority’’ includes—

(A) a political subdivision of a State;

(B) an authority of at least one State or political subdivision of a State;

(C) an Indian tribe; and

(D) a public corporation, board, or commission established under the laws of a State.

(7) ‘‘mass transportation’’ means transportation by a

conveyance that provides regular and continuing general or

special transportation to the public, but does not include schoolbus, charter, or sightseeing transportation.

(8) ‘‘net project cost’’ means the part of a project that

reasonably cannot be financed from revenues.

(9) ‘‘new bus model’’ means a bus model (including a model

using alternative fuel)—

(A) that has not been used in mass transportation

in the United States before the date of production of the

model; or
H. R. 1758—44

(B) used in mass transportation in the United States

but being produced with a major change in configuration

or components.

(10) ‘‘regulation’’ means any part of a statement of general

or particular applicability of the Secretary of Transportation

designed to carry out, interpret, or prescribe law or policy

in carrying out this chapter.

(11) ‘‘State’’ means a State of the United States, the District

of Columbia, Puerto Rico, the Northern Mariana Islands, Guam,

American Samoa, and the Virgin Islands.

(12) ‘‘urban area’’ means an area that includes a municipality or other built-up place that the Secretary of Transportation,

after considering local patterns and trends of urban growth,

decides is appropriate for a local mass transportation system

to serve individuals in the locality.

(13) ‘‘urbanized area’’ means an area—

(A) encompassing at least an urbanized area within

a State that the Secretary of Commerce designates; and

(B) designated an urbanized area within boundaries

fixed by State and local officials and approved by the Secretary of Transportation.

(b) AUTHORITY TO MODIFY ‘‘HANDICAPPED INDIVIDUAL’’.—The

Secretary of Transportation by regulation may modify the definition

of subsection (a)(5) of this section as it applies to section

5307(d)(1)(D) of this title.

§ 5303. Metropolitan planning

(a) DEVELOPMENT REQUIREMENTS.—To carry out section 5301(a)

of this title, metropolitan planning organizations designated under

subsection (c) of this section, in cooperation with States, shall

develop transportation plans and programs for State urbanized

areas. The plans and programs for each area shall provide for

developing transportation facilities (including pedestrian walkways

and bicycle transportation facilities) that will function as an intermodal transportation system for the State, metropolitan area, and

United States. The development process shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the

complexity of the transportation problems. (b) PLAN AND PROGRAM FACTORS.—In developing plans and

programs under this section and sections 5304–5306 of this title,

each metropolitan planning organization at least shall consider

the following factors: (1) preserving existing transportation facilities and, where

practical, ways to meet transportation needs by using existing

transportation facilities more efficiently.

(2) the consistency of transportation planning with United

States Government, State, and local energy conservation programs, goals, and objectives.

(3) the need to relieve congestion and prevent congestion

from occurring.

(4) the likely effect of transportation policy decisions on

land use and development and the consistency of transportation

plans and programs with short- and long-term land use and

development plans.

(5) programming expenditures on transportation enhancement activities, as required under section 133 of title 23.
H. R. 1758—45

(6) the effects of all transportation projects to be undertaken in the metropolitan area, without regard to whether

the projects are publicly financed.

(7) international border crossings and access to ports, airports, intermodal transportation facilities, major freight distribution routes, national parks, recreation areas, monuments

and historic sites, and military installations.

(8) the need for connecting roads in the metropolitan area

with roads outside the area.

(9) the transportation needs identified by using the

management systems required by section 303 of title 23.

(10) preserving rights of way for constructing future

transportation projects, including identifying—

(A) unused rights of way that may be needed for future

transportation corridors; and

(B) corridors where action is needed most to prevent

destruction or loss.

(11) ways to enhance the efficient movement of freight.

(12) using life-cycle costs in designing and engineering

bridges, tunnels, and pavement.

(13) the overall social, economic, energy, and environmental

effects of transportation decisions.

(14) ways to expand and enhance mass transportation services and to increase usage of those services.

(15) capital investments that will result in increased security in mass transportation systems.

(c) DESIGNATING METROPOLITAN PLANNING ORGANIZATIONS.—

(1) To carry out the planning process required by this section,

a metropolitan planning organization shall be designated for each

urbanized area with a population of more than 50,000—

(A) by agreement of the chief executive officer of a State

and units of general local government representing at least

75 percent of the affected population (including the central

city as defined by the Secretary of Commerce); or (B) under procedures established by State or local law. (2) In a metropolitan area designated as a transportation

management area, the designated metropolitan planning organization, if redesignated after December 18, 1991, shall include local

elected officials, officials of authorities that administer or operate

major modes of transportation in the metropolitan area (including

all transportation authorities included in the organization on June

1, 1991), and appropriate State officials.

(3) More than one metropolitan planning organization may be designated in an urbanized area (as defined by the Secretary

of Commerce) only if the chief executive officer decides that the

size and complexity of the urbanized area make designation of

more than one organization appropriate.

(4) A designation is effective until—

(A) the organization is redesignated under paragraph (3)

of this subsection; or

(B) revoked—

(i) by agreement of the chief executive officer and units

of general local government representing at least 75 percent

of the affected population; or

(ii) as otherwise provided by State or local procedures.

(5)(A) The chief executive officer and units of general local

government representing at least 75 percent of the affected popu-
H. R. 1758—46

lation (including the central city as defined by the Secretary of

Commerce) may redesignate by agreement a metropolitan planning

organization when appropriate to carry out this section.

(B) A metropolitan planning organization shall be redesignated

on request of one or more units of general local government representing at least 25 percent of the affected population (including

the central city as defined by the Secretary of Commerce) in an

urbanized area with a population of more than 5,000,000, but

less than 10,000,000 or that is an extreme nonattainment area

for ozone or carbon monoxide (as defined in the Clean Air Act

(42 U.S.C. 7401 et seq.)).

(C) A metropolitan planning organization shall be redesignated

using procedures established to carry out this paragraph.

(6) This subsection does not affect the authority, under State

law in effect on December 18, 1991, of a public authority with

multimodal transportation responsibilities—

(A) to develop plans and programs for a metropolitan planning organization to adopt; and

(B) to develop long-range capital plans, coordinate mass

transportation services and projects, and carry out other activities under State law.

(d) METROPOLITAN AREA BOUNDARIES.—To carry out this section, the metropolitan planning organization and the chief executive

officer shall decide by agreement on the boundaries of a metropolitan area. The area shall cover at least the existing urbanized

area and the contiguous area expected to become urbanized within

the 20-year forecast period and may include the Metropolitan Statistical Area or Consolidated Metropolitan Statistical Area, as defined

by the Secretary of Commerce. An area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air

Act (42 U.S.C. 7401 et seq.) shall include at least the boundaries

of the nonattainment area, except as the chief executive officer

and metropolitan planning organization otherwise agree.

(e) COORDINATION.—(1) The Secretary of Transportation shall

establish requirements the Secretary considers appropriate to

encourage chief executive officers and metropolitan planning

organizations with responsibility for part of a multi-State metropolitan area to provide coordinated transportation planning for the

entire area.

(2) Congress consents to at least 2 States making an agreement,

not in conflict with a law of the United States, for cooperative

efforts and mutual assistance in support of activities authorized

under this section related to interstate areas and localities in the

States and establishing authorities the States consider desirable

for making the agreement effective.

(3) If more than one metropolitan planning organization has

authority in a metropolitan area or an area designated a nonattainment area for ozone or carbon monoxide under the Clean Air

Act (42 U.S.C. 7401 et seq.), each organization shall consult with

the other organizations designated for the area and the State to

coordinate plans and projects required by this section and sections

5304–5306 of this title.

(f) DEVELOPING LONG-RANGE PLANS.—(1) Each metropolitan

planning organization shall prepare and update periodically, according to a schedule the Secretary of Transportation decides is appropriate, a long-range plan for its metropolitan area under the require-
H. R. 1758—47

ments of this section. The plan shall be in the form the Secretary

considers appropriate and at least shall—

(A) identify transportation facilities (including major roadways, mass transportation, and multimodal and intermodal

facilities) that should function as an integrated metropolitan

transportation system, emphasizing transportation facilities

that serve important United States and regional transportation

functions;

(B) include a financial plan that—

(i) demonstrates how the long-range plan can be carried

out;

(ii) indicates resources from public and private sources

reasonably expected to be made available to carry out

the plan; and

(iii) recommends innovative financing techniques,

including value capture, tolls, and congestion pricing, to

finance needed projects and programs;

(C) assess capital investment and other measures necessary—

(i) to ensure the preservation of the existing metropolitan transportation system, including requirements for operational improvements, resurfacing, restoration, and

rehabilitation of existing and future major roadways, and

operations, maintenance, modernization, and rehabilitation

of existing and future mass transportation facilities; and

(ii) to use existing transportation facilities most efficiently to relieve vehicular congestion and maximize the

mobility of individuals and goods; and

(D) indicate appropriate proposed transportation enhancement activities.

(2) When formulating a long-range plan, the metropolitan planning organization shall consider the factors described in subsection

(e) of this section as they are related to a 20-year forecast period. (3) In a metropolitan area that is in a nonattainment area

for ozone or carbon monoxide under the Clean Air Act (42 U.S.C.

7401 et seq.), the metropolitan planning organization shall coordinate the development of the long-range plan with the development

of the transportation control measures of the State Implementation

Plan required by the Act. (4) Before approving a long-range plan, each metropolitan planning organization shall provide citizens, affected public agencies,

representatives of mass transportation authority employees, private

providers of transportation, and other interested parties with a

reasonable opportunity to comment on the plan in a way the Secretary of Transportation considers appropriate.

(5) A long-range plan shall be—

(A) made readily available for public review; and

(B) submitted for information purposes to the chief executive officer of the State at the time and in the way the Secretary

of Transportation establishes.

(g) GRANTS.—Under criteria the Secretary of Transportation

establishes, the Secretary may make contracts for, and grants to,

States, local governmental authorities, and authorities of the States

and governmental authorities, or may make agreements with other

departments, agencies, and instrumentalities of the Government,

to plan, engineer, design, and evaluate a mass transportation project

and for other technical studies, including—
H. R. 1758—48

(1) studies related to management, operations, capital

requirements, and economic feasibility;

(2) evaluating previously financed projects; and

(3) other similar and related activities preliminary to and

in preparation for constructing, acquiring, or improving the

operation of facilities and equipment.

(h) BALANCED AND COMPREHENSIVE PLANNING.—(1) To the

extent practicable, the Secretary of Transportation shall ensure

that amounts made available under section 5338(g)(1) of this title

to carry out this section and sections 5304–5306 of this title are

used to support balanced and comprehensive transportation planning that considers the relationships among land use and all

transportation modes, without regard to the programmatic source

of the planning amounts.

(2)(A) The Secretary of Transportation shall apportion 80 percent of the amount made available under section 5338(g)(1) of

this title to States in a ratio equal to the population in urbanized

areas in each State divided by the total population in urbanized

areas in all States, as shown by the latest available decennial

census. A State may not receive less than .5 percent of the amount

apportioned under this subparagraph.

(B) Amounts apportioned to a State under subparagraph (A)

of this paragraph shall be allocated to metropolitan planning

organizations in the State designated under this section under

a formula—

(i) the State develops in cooperation with the metropolitan

planning organizations;

(ii) the Secretary of Transportation approves; and

(iii) that considers population in urbanized areas and provides an appropriate distribution for urbanized areas to carry

out the cooperative processes described in this section.

(C) A State shall make amounts available promptly to eligible

metropolitan planning organizations according to procedures the

Secretary of Transportation approves.

(3)(A) The Secretary of Transportation shall apportion 20 percent of the amount made available under section 5338(g)(1) of

this title to States to supplement allocations made under paragraph

(2)(B) of this subsection for metropolitan planning organizations.

(B) Amounts under this paragraph shall be allocated under

a formula that reflects the additional cost of carrying out planning,

programming, and project selection responsibilities under this section and sections 5304–5306 of this title in those areas.

(4) To the maximum extent practicable, the Secretary of

Transportation shall ensure that no metropolitan planning

organization is allocated less than the amount it received by

administrative formula under this section in the fiscal year that

ended September 30, 1991. To carry out this subsection, the Secretary may make a proportionate reduction in other amounts made

available to carry out section 5338(g)(1) of this title.

(5) Amounts available for an activity under this subsection

are for 80 percent of the cost of the activity unless the Secretary

of Transportation decides it is in the interests of the Government

not to require a State or local match.

(6) An amount apportioned under this subsection—

(A) remains available for 3 years after the fiscal year

in which the amount is apportioned, and
H. R. 1758—49

(B) that is unobligated at the end of the 3-year period

shall be reapportioned among the States for the next fiscal

year.

§ 5304. Transportation improvement program

(a) DEVELOPMENT AND UPDATE.—In cooperation with the State

and affected mass transportation operators, a metropolitan planning

organization designated for a metropolitan area shall develop a

transportation improvement program for the area. In developing

the program, the organization shall provide citizens, affected public

agencies, representatives of transportation authority employees,

other affected employee representatives, private providers of

transportation, and other interested parties with a reasonable

opportunity to comment on the proposed program. The program

shall be updated at least once every 2 years and shall be approved

by the organization and the chief executive officer of the State.

(b) CONTENTS.—A transportation improvement program for a

metropolitan area shall include—

(1) a priority list of projects and parts of projects to be

carried out in each 3-year period after the program is adopted;

and

(2) a financial plan that—

(A) demonstrates how the program can be carried out;

(B) indicates resources from public and private sources

that reasonably are expected to be made available to carry

out the plan; and

(C) recommends innovative financing techniques,

including value capture, tolls, and congestion pricing, to

finance needed projects. (c) PROJECT SELECTION.—(1) Except as provided in section

5305(d)(1) of this title, the State, in cooperation with the metropolitan planning organization, shall select projects in a metropolitan

area that involve United States Government participation. Selection

shall comply with the transportation improvement program for

the area.

(2) A transportation improvement program for a metropolitan

area shall include—

(A) projects within the area that are proposed for financing

under this chapter and title 23 and that are consistent with

the long-range plan developed under section 5303(f) of this

title; and

(B) a project or an identified phase of a project only if

full financing reasonably can be anticipated to be available

for the project in the period estimated for completion.

(d) NOTICE AND COMMENT.—Before approving a transportation

improvement program, a metropolitan planning organization shall

provide citizens, affected public agencies, representatives of

transportation agency employees, private providers of transportation, and other interested parties with reasonable notice and

an opportunity to comment on the proposed program.

(e) REGULATORY PROCEEDING.—Not later than June 18, 1992,

the Secretary of Transportation shall begin a regulatory proceeding

to conform review requirements for mass transportation projects

under the National Environmental Policy Act of 1969 (42 U.S.C.

4321 et seq.) to comparable requirements under that Act applicable

to highway projects. This section and sections 5303, 5305, and

5306 of this title do not affect the applicability of the Act to
H. R. 1758—50

mass transportation or highway projects. A mass transportation

project that has an approved draft Environmental Impact Statement

is exempt from complying with requirements under the Act

applicable to highway projects.

§ 5305. Transportation management areas

(a) DESIGNATION.—The Secretary of Transportation shall designate as a transportation management area—

(1) each urbanized area with a population of more than

200,000; and

(2) any other area, including the Lake Tahoe Basin as

defined in the Act of December 19, 1980 (Public Law 96–

551, 94 Stat. 3233), when requested by the chief executive

officer and the metropolitan organization designated for the

area or the affected local officials.

(b) TRANSPORTATION PLANS AND PROGRAMS.—Transportation

plans and programs in a transportation management area shall

be based on a continuing and comprehensive transportation planning process the metropolitan planning organization carries out

in cooperation with the State and mass transportation operators.

(c) CONGESTION MANAGEMENT SYSTEM.—The transportation

planning process under sections 5303, 5304, and 5306 of this title

in a transportation management area shall include a congestion

management system providing for effective management, through

travel demand reduction and operational management strategies,

of new and existing transportation facilities eligible for financing

under this chapter and title 23. The Secretary shall establish a

phase-in schedule to comply with sections 5303, 5304, and 5306. (d) PROJECT SELECTION.—(1)(A) In consultation with the State,

the metropolitan planning organization designated for a transportation management area shall select the projects to be carried

out in the area with United States Government participation under

this chapter or title 23, except projects of the National Highway

System or under the Bridge and Interstate Maintenance programs. (B) In cooperation with the metropolitan planning organization

designated for a transportation management area, the State shall

select the projects to be carried out in the area of the National

Highway System or under the Bridge and Interstate Maintenance

programs. (2)(A) A selection under this subsection must comply with the

transportation improvement program for the area. (B) A selection under paragraph (1)(A) of this subsection must

comply with priorities established in the program. (e) CERTIFICATION.—(1) At least once every 3 years, the Secretary shall ensure and certify that each metropolitan planning

organization in each transportation management area is carrying

out its responsibilities under applicable laws of the United States.

The Secretary may make the certification only if the organization

is complying with section 134 of title 23 and other applicable

requirements of laws of the United States and the organization

and chief executive officer have approved a transportation improvement program for the area.

(2) If the Secretary does not certify before October 1, 1993,

that a metropolitan planning organization is carrying out its responsibilities, the Secretary may withhold any part of the apportionment

under section 104(b)(3) of title 23 attributed to the relevant metropolitan area under section 133(d)(3) of title 23 and capital amounts
H. R. 1758—51

apportioned under section 5336 of this title. If an organization

remains uncertified for more than 2 consecutive years after September 30, 1994, 20 percent of that apportionment and capital amounts

shall be withheld. The withheld apportionments shall be restored

when the Secretary certifies the organization.

(3) The Secretary may not withhold certification based on the

policies and criteria a metropolitan planning organization or mass

transportation grant recipient establishes under section 5306(a)

of this title for deciding the feasibility of private enterprise participation.

(f) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT

AREAS.—Government amounts may be made available for a mass

transportation project resulting in a significant increase in carrying

capacity for single occupant vehicles in a transportation management area classified as a nonattainment area for ozone or carbon

monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) only

if the project is part of an approved congestion management system.

(g) AREAS NOT DESIGNATED TRANSPORTATION MANAGEMENT

AREAS.—(1) The Secretary may provide for the development of

abbreviated metropolitan transportation plans and programs the

Secretary decides are appropriate to carry out this section and

sections 5303, 5304, and 5306 of this title for metropolitan areas

not designated transportation management areas under this section.

The Secretary shall consider the complexity of transportation problems in those areas, including transportation-related air quality

problems.

(2) The Secretary may not provide an abbreviated plan or

program for a metropolitan area in a nonattainment area for ozone

or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et

seq.).

§ 5306. Private enterprise participation in metropolitan

planning and transportation improvement programs and relationship to other limitations

(a) PRIVATE ENTERPRISE PARTICIPATION.—A plan or program

required by section 5303, 5304, or 5305 of this title shall encourage

to the maximum extent feasible the participation of private enterprise. If equipment or a facility already being used in an urban

area is to be acquired under this chapter, the program shall provide

that it be improved so that it will better serve the transportation

needs of the area.

(b) RELATIONSHIP TO OTHER LIMITATIONS.—Sections 5303–5305

of this title do not authorize—

(1) a metropolitan planning organization to impose a legal

requirement on a transportation facility, provider, or project

not eligible under this chapter or title 23; and

(2) intervention in the management of a transportation

authority.

§ 5307. Block grants

(a) DEFINITIONS.—In this section—

(1) ‘‘associated capital maintenance items’’ means equipment, tires, tubes, and material, each costing at least .5 percent

of the current fair market value of rolling stock comparable

to the rolling stock for which the equipment, tires, tubes, and

material are to be used.

(2) ‘‘designated recipient’’ means—
H. R. 1758—52

(A) a person designated, consistent with the planning

process under sections 5303–5306 of this title, by the chief

executive officer of a State, responsible local officials, and

publicly owned operators of mass transportation to receive

and apportion amounts under section 5336 of this title

that are attributable to transportation management areas

established under section 5305(a) of this title;

(B) a State or regional authority if the authority is

responsible under the laws of a State for a capital project

and for financing and directly providing mass transportation; or

(C) a recipient designated under section 5(b)(1) of the

Federal Transit Act not later than January 5, 1983.

(b) GENERAL AUTHORITY.—(1) The Secretary of Transportation

may make grants under this section for capital projects and to

finance the planning, improvement, and operating costs of equipment, facilities, and associated capital maintenance items for use

in mass transportation, including the renovation and improvement

of historic transportation facilities with related private investment.

(2) In a transportation management area designated under

section 5305(a) of this title, amounts that cannot be used to pay

operating expenses under this section also are available for a highway project if—

(A) that use is approved by the metropolitan planning

organization under section 5303 of this title after appropriate

notice and an opportunity for comment and appeal is provided

to affected mass transportation providers; and

(B) the Secretary decides the amounts are not needed for

investment required by the Americans with Disabilities Act

of 1990 (42 U.S.C. 12101 et seq.).

(3) A grant for a capital project under this section also is

available to finance the leasing of equipment and facilities for

use in mass transportation, subject to regulations the Secretary

prescribes limiting the grant to leasing arrangements that are

more cost effective than acquisition or construction.

(4) A project for the reconstruction of equipment and material,

each of which after reconstruction will have a fair market value

of at least .5 percent of the current fair market value of rolling

stock comparable to the rolling stock for which the equipment

and material will be used, is a capital project for an associated

capital maintenance item under this section.

(5) Amounts under this section are available for a highway

project under title 23 only if amounts used for the State or local

share of the project are eligible to finance either a highway or

mass transportation project.

(c) PUBLIC PARTICIPATION REQUIREMENTS.—Each recipient of

a grant shall—

(1) make available to the public information on amounts

available to the recipient under this section and the program

of projects the recipient proposes to undertake;

(2) develop, in consultation with interested parties, including private transportation providers, a proposed program of

projects for activities to be financed;

(3) publish a proposed program of projects in a way that

affected citizens, private transportation providers, and local

elected officials have the opportunity to examine the proposed
H. R. 1758—53

program and submit comments on the proposed program and

the performance of the recipient;

(4) provide an opportunity for a public hearing in which

to obtain the views of citizens on the proposed program of

projects;

(5) ensure that the proposed program of projects provides

for the coordination of mass transportation services assisted

under section 5336 of this title with transportation services

assisted from other United States Government sources;

(6) consider comments and views received, especially those

of private transportation providers, in preparing the final program of projects; and

(7) make the final program of projects available to the

public.

(d) GRANT RECIPIENT REQUIREMENTS.—A recipient may receive

a grant in a fiscal year only if—

(1) the recipient, within the time the Secretary prescribes,

submits a final program of projects prepared under subsection

(c) of this section and a certification for that fiscal year that

the recipient (including a person receiving amounts from a

chief executive officer of a State under this section)—

(A) has or will have the legal, financial, and technical

capacity to carry out the program;

(B) has or will have satisfactory continuing control

over the use of equipment and facilities;

(C) will maintain equipment and facilities;

(D) will ensure that elderly and handicapped individuals, or an individual presenting a medicare card issued

to that individual under title II or XVIII of the Social

Security Act (42 U.S.C. 401 et seq., 1395 et seq.), will

be charged during non-peak hours for transportation using

or involving a facility or equipment of a project financed

under this chapter not more than 50 percent of the peak

hour fare;

(E) in carrying out a procurement under this section— (i) will use competitive procurement (as defined

or approved by the Secretary); (ii) will not use a procurement that uses exclusionary or discriminatory specifications; and (iii) will comply with applicable Buy-American

laws in carrying out a procurement;

(F) has complied with subsection (c) of this section;

(G) has available and will provide the required

amounts as provided by subsection (e) of this section; (H) will comply with sections 5301(a) and (d), 5303–

5306, and 5310(a)–(d) of this title;

(I) has a locally developed process to solicit and consider public comment before raising a fare or carrying

out a major reduction of transportation; and

(J)(i) will expend for each fiscal year for mass transportation security projects, including increased lighting in or

adjacent to a mass transportation system (including bus

stops, subway stations, parking lots, and garages),

increased camera surveillance of an area in or adjacent

to that system, providing an emergency telephone line to

contact law enforcement or security personnel in an area

in or adjacent to that system, and any other project
H. R. 1758—54

intended to increase the security and safety of an existing

or planned mass transportation system, at least one percent

of the amount the recipient receives for each fiscal year

under section 5336 of this title; or

(ii) has decided that the expenditure for security

projects is not necessary; and

(2) the Secretary accepts the certification.

(e) GOVERNMENT’S SHARE OF COSTS.—A grant of the Government for a capital project (including associated capital maintenance

items) under this section is for 80 percent of the net project cost

of the project. A recipient may provide additional local matching

amounts. A grant for operating expenses may not be more than

50 percent of the net project cost of the project. The remainder

of the net project cost shall be provided in cash from sources

other than amounts of the Government or revenues from providing

mass transportation (excluding revenues derived from the sale of

advertising and concessions that are more than the amount of

those revenues in the fiscal year that ended September 30, 1985).

Transit system amounts that make up the remainder shall be

from an undistributed cash surplus, a replacement or depreciation

cash fund or reserve, or new capital.

(f) STATEWIDE OPERATING ASSISTANCE.—(1) A State authority

that is a designated recipient and providing mass transportation

in at least 2 urbanized areas may apply for operating assistance

in an amount not more than the amount for all urbanized areas

in which it provides transportation.

(2) When approving an application under paragraph (1) of

this subsection, the Secretary may not reduce the amount of operating assistance approved for another State or a local transportation

authority within the affected urbanized areas.

(g) UNDERTAKING PROJECTS IN ADVANCE.—(1) When a recipient

obligates all amounts apportioned to it under section 5336 of this

title and then carries out a part of a project described in this

section (except a project for operating expenses) without amounts

of the Government and according to all applicable procedures and

requirements (except to the extent the procedures and requirements

limit a State to carrying out a project with amounts of the Government previously apportioned to it), the Secretary may pay to the

recipient the Government’s share of the cost of carrying out that

part when additional amounts are apportioned to the recipient

under section 5336 if—

(A) the recipient applies for the payment;

(B) the Secretary approves the payment; and

(C) before carrying out that part, the Secretary approves

the plans and specifications for the part in the same way

as for other projects under this section.

(2) The Secretary may approve an application under paragraph

(1) of this subsection only if an authorization for this section is

in effect for the fiscal year to which the application applies. The

Secretary may not approve an application if the payment will be

more than—

(A) the recipient’s expected apportionment under section

5336 of this title if the total amount authorized to be appropriated for the fiscal year to carry out this section is appropriated; less
H. R. 1758—55

(B) the maximum amount of the apportionment that may

be made available for projects for operating expenses under

this section.

(3) The cost of carrying out that part of a project includes

the amount of interest earned and payable on bonds issued by

the recipient to the extent proceeds of the bonds are expended

in carrying out the part. However, the amount of interest allowed

under this paragraph may not be more than the amount by which

the estimated cost of carrying out the part (if it would be carried

out at the time the part is converted to a regularly financed project)

exceeds the actual cost (except interest) of carrying out the part.

(4) The Secretary shall consider changes in capital project cost

indices when determining the estimated cost under paragraph (3)

of this subsection.

(h) STREAMLINED ADMINISTRATIVE PROCEDURES.—The Secretary shall prescribe streamlined administrative procedures for

complying with the certification requirement under subsection

(d)(1)(B) and (C) of this section for track and signal equipment

used in existing operations.

(i) REVIEWS, AUDITS, AND EVALUATIONS.—(1)(A) At least

annually, the Secretary shall carry out, or require a recipient to

have carried out independently, reviews and audits the Secretary

considers appropriate to establish whether the recipient has carried

out—

(i) the activities proposed under subsection (d) of this section in a timely and effective way and can continue to do

so; and

(ii) those activities and its certifications and has used

amounts of the Government in the way required by law.

(B) An audit of the use of amounts of the Government shall

comply with the auditing procedures of the Comptroller General. (2) At least once every 3 years, the Secretary shall review

and evaluate completely the performance of a recipient in carrying

out the recipient’s program, specifically referring to compliance

with statutory and administrative requirements and the extent

to which actual program activities are consistent with the activities

proposed under subsection (d) of this section and the planning

process required under sections 5303–5306 of this title.

(3) The Secretary may take appropriate action consistent with

a review, audit, and evaluation under this subsection, including

making an appropriate adjustment in the amount of a grant or

withdrawing the grant. (j) REPORTS.—A recipient (including a person receiving amounts from a chief executive officer of a State under this section) shall

submit annually to the Secretary a report on the revenues the

recipient derives from the sale of advertising and concessions.

(k) SUBMISSION OF CERTIFICATIONS.—A certification under subsection (d) of this section and any additional certification required

by law to be submitted to the Secretary may be consolidated into

a single document to be submitted annually as part of the grant

application under this section. The Secretary shall publish annually

a list of all certifications required under this chapter with the

publication required under section 5336(e)(2) of this title.

(l) PROCUREMENT SYSTEM APPROVAL.—A recipient may request

the Secretary to approve its procurement system. The Secretary

shall approve the system for use for procurements financed under

section 5336 of this title if, after consulting with the Administrator
H. R. 1758—56

for Federal Procurement Policy, the Secretary decides the system

provides for competitive procurement. Approval of a system under

this subsection does not relieve a recipient of the duty to certify

under subsection (d)(1)(E) of this section.

(m) OPERATING FERRIES OUTSIDE URBANIZED AREAS.—A vessel

used in ferryboat operations financed under section 5336 of this

title that is part of a State-operated ferry system may be operated

occasionally outside the urbanized area in which service is provided

to accommodate periodic maintenance if existing ferry service is

not reduced significantly by operating outside the area.

(n) RELATIONSHIP TO OTHER LAWS.—(1) Section 1001 of title

18 applies to a certificate or submission under this section. The

Secretary may end a grant under this section and seek reimbursement, directly or by offsetting amounts available under section

5336 of this title, when a false or fraudulent statement or related

act within the meaning of section 1001 is made in connection

with a certification or submission.

(2) Sections 5302, 5318, 5323(a)(1), (d), and (f), 5332, and 5333

of this title apply to this section and to a grant made under

this section. Except as provided in this section, no other provision

of this chapter applies to this section or to a grant made under

this section.

§ 5308. Mass Transit Account block grants

(a) GENERAL AUTHORITY.—The Secretary of Transportation may

make grants under this section to be used only for capital projects

(including capital maintenance items).

(b) APPLICATION OF OTHER SECTIONS.—(1) Sections 5307(a)–

(d), (h)–(l), and (n) and 5336(a)–(c), (f), (g), and (j) of this title

apply to amounts made available under section 5338(a) of this

title to carry out this section. (2) Sections 5307(e) and 5336(d) of this title apply to grants

under this section.

§ 5309. Discretionary grants and loans

(a) GENERAL AUTHORITY.—The Secretary of Transportation may

make grants and loans under this section to assist State and

local governmental authorities in financing— (1) capital projects for new fixed guideway systems, and

extensions to existing fixed guideway systems, including the

acquisition of real property, the initial acquisition of rolling

stock for the systems, alternatives analysis related to the development of the systems, and the acquisition of rights of way,

and relocation, for fixed guideway corridor development for

projects in the advanced stages of alternatives analysis or

preliminary engineering;

(2) capital projects, including property and improvements

(except public highways other than fixed guideway facilities),

needed for an efficient and coordinated mass transportation

system;

(3) the capital costs of coordinating mass transportation

with other transportation;

(4) the introduction of new technology, through innovative

and improved products, into mass transportation;

(5) transportation projects that enhance urban economic

development or incorporate private investment, including

commercial and residential development, because the projects—
H. R. 1758—57

(A) enhance the effectiveness of a mass transportation

project and are related physically or functionally to that

mass transportation project; or

(B) establish new or enhanced coordination between

mass transportation and other transportation;

(6) mass transportation projects planned, designed, and

carried out to meet the special needs of elderly individuals

and individuals with disabilities; and

(7) the development of corridors to support fixed guideway

systems, including protecting rights of way through acquisition,

construction of dedicated bus and high occupancy vehicle lanes

and park and ride lots, and other nonvehicular capital improvements that the Secretary may decide would result in increased

mass transportation usage in the corridor.

(b) LOANS FOR REAL PROPERTY INTERESTS.—(1) The Secretary

of Transportation may make loans under this section to State

and local governmental authorities to acquire interests in real property for use on urban mass transportation systems as rights of

way, station sites, and related purposes, including reconstruction,

renovation, the net cost of property management, and relocation

payments made under section 5324(a) of this title.

(2) The Secretary of Transportation may make a loan under

paragraph (1) of this subsection for an approved project only after

finding that the property reasonably is expected to be required

for a mass transportation system and that it will be used for

that system within a reasonable time.

(3) An applicant for a loan under this subsection shall provide

a copy of the application to the planning agency for the community

affected by the project at the same time the application is submitted

to the Secretary of Transportation. If the planning agency submits

comments to the Secretary not later than 30 days after the application is submitted, or, if the agency requests more time within

those 30 days, within a period the Secretary establishes, the Secretary shall consider those comments before taking final action

on the application.

(4) A loan agreement under this subsection shall provide that

a capital project on the property will be started not later than

10 years after the fiscal year in which the agreement is made.

If an interest in property acquired under this subsection is not

used for the purpose for which it was acquired, an appraisal of

the current value of the property or interest shall be made when

a decision is made about the use. The decision shall be made

within the 10-year period. Two-thirds of the increase in value

shall be paid to the Secretary of Transportation for deposit in

the Treasury as miscellaneous receipts.

(5) A loan under this subsection must be repaid not later

than 10 years after the date of the loan agreement or on the

date a grant agreement for a capital project on the property is

made, whichever is earlier. Payments made to repay the loan shall

be deposited in the Treasury as miscellaneous receipts.

(c) CONSIDERATION OF DECREASED COMMUTER RAIL TRANSPORTATION.—The Secretary of Transportation shall consider the adverse

effect of decreased commuter rail transportation when deciding

whether to approve a grant or loan under this section to acquire

a rail line and all related facilities—

(1) owned by a rail carrier subject to reorganization under

title 11; and
H. R. 1758—58

(2) used to provide commuter rail transportation.

(d) PROJECT AS PART OF APPROVED PROGRAM OF PROJECTS.—

Except as provided in subsections (b)(2) and (e) of this section,

the Secretary of Transportation may approve a grant or loan for

a project under this section only after finding that the project

is part of the approved program of projects required under sections

5303–5306 of this title and that an applicant—

(1) has or will have the legal, financial, and technical

capacity to carry out the project, satisfactory continuing control

over the use of equipment or facilities, and the capability to

maintain the equipment or facilities; and

(2) will maintain the equipment or facilities.

(e) CRITERIA FOR GRANTS AND LOANS FOR FIXED GUIDEWAY

SYSTEMS.—(1) This subsection applies to a project—

(A) for which a letter of intent or contract for the complete

amount is issued under subsection (g) of this section after

April 1, 1987; or

(B) not in the preliminary engineering, final design, or

construction stage on January 1, 1987.

(2) The Secretary of Transportation may approve a grant or

loan under this section for a capital project for a new fixed guideway

system or extension of an existing fixed guideway system only

if the Secretary decides that the proposed project is—

(A) based on the results of an alternatives analysis and

preliminary engineering;

(B) justified based on a comprehensive review of its mobility

improvements, environmental benefits, cost effectiveness, and

operating efficiencies; and

(C) supported by an acceptable degree of local financial

commitment, including evidence of stable and dependable

financing sources to construct, maintain, and operate the system or extension.

(3) In making a decision under paragraph (2) of this subsection,

the Secretary of Transportation shall—

(A) consider the direct and indirect costs of relevant alternatives;

(B) account for costs related to factors such as congestion

relief, improved mobility, air pollution, noise pollution, congestion, energy consumption, and all associated ancillary and mitigation costs necessary to carry out each alternative analyzed;

(C) identify and consider mass transportation supportive

existing land use policies and future patterns;

(D) consider the degree to which the project increases the

mobility of the mass transportation dependent population or

promotes economic development; and

(E) consider other factors the Secretary considers appropriate to carry out this chapter.

(4)(A) The Secretary of Transportation shall issue guidelines

on how the Secretary will evaluate results of alternatives analysis,

project justification, and the degree of local financial commitment.

(B) The project justification under paragraph (1)(B) of this

subsection shall be adjusted to reflect differences in local land,

construction, and operating costs.

(C) The degree of local financial commitment is acceptable

only if—
H. R. 1758—59

(i) the proposed project plan provides for the availability

of contingency amounts the Secretary of Transportation determines to be reasonable to cover unanticipated cost overruns;

(ii) each proposed local source of capital and operating

financing is stable, reliable, and available within the proposed

project timetable; and

(iii) local resources are available to operate the overall

proposed mass transportation system (including essential feeder

bus and other services necessary to achieve the projected ridership levels) without requiring a reduction in existing mass

transportation services to operate the proposed project.

(D) In assessing the stability, reliability, and availability of

proposed sources of local financing, the Secretary of Transportation

shall consider—

(i) existing grant commitments;

(ii) the degree to which financing sources are dedicated

to the purposes proposed; and

(iii) any debt obligation that exists or is proposed by the

recipient for the proposed project or other mass transportation

purpose.

(5) A proposed project may advance from alternatives analysis

to preliminary engineering only if the Secretary of Transportation

finds that the project meets the requirements of this section and

there is a reasonable chance that the project will continue to meet

the requirements at the end of preliminary engineering.

(6)(A) A new fixed guideway system or extension of an existing

fixed guideway system is not subject to the requirements of this

subsection, and the simultaneous evaluation of similar projects

in at least 2 corridors in a metropolitan area may not be limited,

if—

(i) the project is located in an extreme or severe nonattain- ment area and is a transportation control measure (as defined

by the Clean Air Act (42 U.S.C. 7401 et seq.)) required to

carry out an approved State Implementation Plan; or (ii) assistance provided under this section is less than

$25,000,000 or one-third of the total cost of the project or

an appropriate program of projects as decided by the Secretary

of Transportation.

(B) The simultaneous evaluation of projects in at least 2 corridors in a metropolitan area may not be limited and the Secretary

of Transportation shall make decisions under this subsection with

expedited procedures that will promote carrying out an approved

State Implementation Plan in a timely way if a project is— (i) located in a nonattainment area that is not an extreme

or severe nonattainment area;

(ii) a transportation control measure (as defined by the

Clean Air Act (42 U.S.C. 7401 et seq.)); and

(iii) required to carry out the State Implementation Plan.

(C) This subsection does not apply to a part of a project (including a commuter rail transportation project on an existing right

of way) financed completely with amounts for highways made available under part A of title I of the Intermodal Surface Transportation

Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 1915).

(7) A project financed under this subsection shall be carried

out through a full financing grant agreement.

(f) REQUIRED PAYMENTS AND ELIGIBLE COSTS OF PROJECTS THAT

ENHANCE URBAN ECONOMIC DEVELOPMENT OR INCORPORATE PRI-
H. R. 1758—60

VATE INVESTMENT.—(1) Each grant or loan under subsection (a)(5)

of this section shall require that a person making an agreement

to occupy space in a facility pay a reasonable share of the costs

of the facility through rental payments and other means.

(2) Eligible costs for a project under subsection (a)(5) of this

section—

(A) include property acquisition, demolition of existing

structures, site preparation, utilities, building foundations,

walkways, open space, and a capital project for, and improving,

equipment or a facility for an intermodal transfer facility or

transportation mall; but

(B) do not include construction of a commercial revenueproducing facility or a part of a public facility not related

to mass transportation.

(g) LETTERS OF INTENT, FULL FINANCING GRANT AGREEMENTS,

AND EARLY SYSTEMS WORK AGREEMENTS.—(1)(A) The Secretary

of Transportation may issue a letter of intent to an applicant

announcing an intention to obligate, for a project under this section,

an amount from future available budget authority specified in law

that is not more than the amount stipulated as the financial participation of the Secretary in the project. The amount shall be sufficient

to complete at least an operable segment when a letter is issued

for a fixed guideway project.

(B) At least 30 days before issuing a letter under subparagraph

(A) of this paragraph, the Secretary of Transportation shall notify

in writing the Committee on Public Works and Transportation

of the House of Representatives and the Committee on Banking,

Housing, and Urban Affairs of the Senate of the proposed issuance

of the letter.

(C) The issuance of a letter is deemed not to be an obligation under sections 1108(c) and (d), 1501, and 1502(a) of title 31 or

an administrative commitment.

(D) An obligation or administrative commitment may be made

only when amounts are appropriated. (2)(A) The Secretary of Transportation may make a full financing grant agreement with an applicant. The agreement shall— (i) establish the terms of participation by the United States

Government in a project under this section; (ii) establish the maximum amount of Government financial

assistance for the project; (iii) cover the period of time for completing the project,

including a period extending beyond the period of an authorization; and

(iv) make timely and efficient management of the project

easier according to the law of the United States.

(B) An agreement under this paragraph obligates an amount

of available budget authority specified in law and may include

a commitment, contingent on amounts to be specified in law in

advance for commitments under this paragraph, to obligate an

additional amount from future available budget authority specified

in law. The agreement shall state that the contingent commitment

is not an obligation of the Government. Interest and other financing

costs of efficiently carrying out a part of the project within a

reasonable time are a cost of carrying out the project under a

full financing grant agreement, except that eligible costs may not

be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant
H. R. 1758—61

shall certify, in a way satisfactory to the Secretary of Transportation, that the applicant has shown reasonable diligence in seeking

the most favorable financing terms. The amount stipulated in an

agreement under this paragraph for a fixed guideway project shall

be sufficient to complete at least an operable segment.

(3)(A) The Secretary of Transportation may make an early

systems work agreement with an applicant if a record of decision

under the National Environmental Policy Act of 1969 (42 U.S.C.

4321 et seq.) has been issued on the project and the Secretary

finds there is reason to believe—

(i) a full financing grant agreement for the project will

be made; and

(ii) the terms of the work agreement will promote ultimate

completion of the project more rapidly and at less cost.

(B) A work agreement under this paragraph obligates an

amount of available budget authority specified in law and shall

provide for reimbursement of preliminary costs of carrying out

the project, including land acquisition, timely procurement of system

elements for which specifications are decided, and other activities

the Secretary of Transportation decides are appropriate to make

efficient, long-term project management easier. A work agreement

shall cover the period of time the Secretary considers appropriate.

The period may extend beyond the period of current authorization.

Interest and other financing costs of efficiently carrying out the

work agreement within a reasonable time are a cost of carrying

out the agreement, except that eligible costs may not be more

than the cost of the most favorable financing terms reasonably

available for the project at the time of borrowing. The applicant

shall certify, in a way satisfactory to the Secretary, that the

applicant has shown reasonable diligence in seeking the most favorable financing terms. If an applicant does not carry out the project

for reasons within the control of the applicant, the applicant shall

repay all Government payments made under the work agreement

plus reasonable interest and penalty charges the Secretary establishes in the agreement. (4) The total estimated amount of future obligations of the

Government and contingent commitments to incur obligations covered by all outstanding letters of intent, full financing grant agreements, and early systems work agreements may be not more than

the greater of the amount authorized under section 5338(a) of

this title to carry out this section or 50 percent of the uncommitted

cash balance remaining in the Mass Transit Account of the Highway

Trust Fund (including amounts received from taxes and interest

earned that are more than amounts previously obligated), less

an amount the Secretary of Transportation reasonably estimates

is necessary for grants under this section not covered by a letter.

The total amount covered by new letters and contingent commitments included in full financing grant agreements and early systems work agreements may be not more than a limitation specified

in law.

(h) GOVERNMENT’S SHARE OF NET PROJECT COST.—Based on

engineering studies, studies of economic feasibility, and information

on the expected use of equipment or facilities, the Secretary of

Transportation shall estimate the net project cost. A grant for

the project is for 80 percent of the net project cost, unless the

grant recipient requests a lower grant percentage. The remainder

shall be provided in cash from a source other than amounts of
H. R. 1758—62

the Government. Transit system amounts that make up the remainder must be from an undistributed cash surplus, a replacement

or depreciation cash fund or reserve, or new capital. The remainder

for a planned extension to a fixed guideway system may include

the cost of rolling stock previously purchased if the applicant satisfies the Secretary that only amounts other than amounts of the

Government were used and that the purchase was made for use

on the extension. A refund or reduction of the remainder may

be made only if a refund of a proportional amount of the grant

of the Government is made at the same time.

(i) LOAN TERM REQUIREMENTS.—Except for a loan under subsection (b) of this section, a loan, including a renewal or extension

of the loan, may be made, and a security or obligation may be

bought, only if it has a maturity date of not more than 40 years.

Interest on a loan may not be less than—

(1) a rate the Secretary of the Treasury establishes, considering the current average yield on outstanding marketable

obligations of the Government that have remaining periods

of maturity comparable to the average maturity of the loan,

adjusted to the nearest .125 percent; plus

(2) an allowance the Secretary of Transportation considers

adequate to cover administrative costs and probable losses.

(j) LOAN PAYMENT FORGIVENESS.—A grant agreement for a

capital project may forgive repaying the loan and interest in place

of a cash grant for the amount forgiven. The amount is part of

the grant and part of the contribution of the Government to the

cost of the project.

(k) LIMITATION ON MAKING LOANS AND GRANTS FOR

PROJECTS.—The Secretary of Transportation may not make a loan under this section for a project for which a grant (except a relocation

payment grant) is made under this section. However, the Secretary

may make a project grant even though real property for the project

has been or will be acquired through a loan under subsection

(b) of this section.

(l) FISCAL CAPACITY CONSIDERATIONS.—If the Secretary of

Transportation gives priority consideration to financing projects

that include more than the non-Government share required under

subsection (h) of this section, the Secretary shall give equal consideration to differences in the fiscal capacity of State and local governments.

(m) ALLOCATING AMOUNTS.—(1) Of the amounts available for

grants and loans under this section for each of the fiscal years

ending September 30, 1993–1997— (A) 40 percent is available for fixed guideway modernization;

(B) 40 percent is available for capital projects for new

fixed guideway systems and extensions to existing fixed guideway systems; and

(C) 20 percent is available to replace, rehabilitate, and

buy buses and related equipment and to construct bus-related

facilities.

(2) At least 5.5 percent of the amounts available in each fiscal

year under paragraph (1)(C) of this subsection is available for

areas other than urbanized areas.

(3) Not later than January 20 of each year, the Secretary

of Transportation shall submit to the Committee on Public Works

and Transportation of the House of Representatives and the
H. R. 1758—63

Committee on Banking, Housing, and Urban Affairs of the Senate

a proposal on the allocation of amounts to be made available to

finance grants and loans for capital projects for new fixed guideway

systems and extensions to existing fixed guideway systems among

applicants for those amounts.

(4) A person applying for, or receiving, assistance for a project

described in clause (A), (B), or (C) of paragraph (1) of this subsection

may receive assistance for a project described in another of those

clauses.

(n) UNDERTAKING PROJECTS IN ADVANCE.—(1) The Secretary

of Transportation may pay the Government’s share of the net project

cost to a State or local governmental authority that carries out

any part of a project described in this section or a substitute

transit project described in section 103(e)(4) of title 23 without

the aid of amounts of the Government and according to all

applicable procedures and requirements if—

(A) the State or local governmental authority applies for

the payment;

(B) the Secretary approves the payment; and

(C) before carrying out the part of the project, the Secretary

approves the plans and specifications for the part in the same

way as other projects under this section or section 103(e)(4)

of title 23.

(2) The cost of carrying out part of a project includes the

amount of interest earned and payable on bonds issued by the

State or local governmental authority to the extent proceeds of

the bonds are expended in carrying out the part. However, the

amount of interest under this paragraph may not be more than

the most favorable interest terms reasonably available for the

project at the time of borrowing. The applicant shall certify, in

a way satisfactory to the Secretary of Transportation, that the

applicant has shown reasonable diligence in seeking the most favorable financial terms.

(3) The Secretary of Transportation shall consider changes in

capital project cost indices when determining the estimated cost

under paragraph (2) of this subsection.

(o) USE OF DEOBLIGATED AMOUNTS.—An amount available

under this section that is deobligated may be used for any purpose

under this section.

§ 5310. Grants and loans for special needs of elderly individuals and individuals with disabilities

(a) GENERAL AUTHORITY.—The Secretary of Transportation may

make grants and loans to—

(1) State and local governmental authorities to help them

provide mass transportation service planned, designed, and

carried out to meet the special needs of elderly individuals

and individuals with disabilities; and

(2) the chief executive officer of each State for allocation

to—

(A) private nonprofit corporations and associations to

help them provide that transportation service when the

transportation service provided under clause (1) of this

subsection is unavailable, insufficient, or inappropriate; or

(B) governmental authorities—
H. R. 1758—64

(i) approved by the State to coordinate services

for elderly individuals and individuals with disabilities;

or

(ii) that certify to the chief executive officer that

no nonprofit corporation or association readily is available in an area to provide service under this subsection.

(b) APPORTIONING AND TRANSFERRING AMOUNTS.—The Secretary shall apportion amounts made available under section

5338(a) of this title under a formula the Secretary administers

that considers the number of elderly individuals and individuals

with disabilities in each State. Any State’s apportionment remaining

available for obligation at the beginning of the 90-day period before

the end of the period of availability of the apportionment is available

to the chief executive officer of the State for transfer to supplement

amounts apportioned to the State under section 5311(c) or 5336(a)(1)

of this title.

(c) STATE PROGRAM OF PROJECTS.—Amounts made available

for this section may be used for transportation projects to assist

in providing transportation services for elderly individuals and

individuals with disabilities that are included in a State program

of projects. A program shall be submitted annually to the Secretary

for approval and shall contain an assurance that the program

provides for maximum feasible coordination of transportation services assisted under this section with transportation services assisted

by other United States Government sources.

(d) ELIGIBLE CAPITAL EXPENSES.—A recipient of amounts under

this section may include acquiring transportation services as an

eligible capital expense.

(e) APPLICATION OF SECTION 5309.—(1) A grant or loan under

subsection (a)(1) of this section is subject to all requirements of

a grant or loan under section 5309 of this title, and is deemed

to have been made under section 5309.

(2) A grant or loan under subsection (a)(2) of this section

is subject to requirements similar to those under paragraph (1)

of this subsection to the extent the Secretary considers appropriate.

(f) MINIMUM REQUIREMENTS AND PROCEDURES FOR RECIPIENTS.—In carrying out section 5301(d) of this title, section 165(b)

of the Federal-Aid Highway Act of 1973 (Public Law 93–87, 87

Stat. 282), and section 504 of the Rehabilitation Act of 1973 (29

U.S.C. 794) (consistent with Government-wide standards to carry

out section 504), the Secretary shall prescribe regulations establishing minimum criteria a recipient of Government financial assistance

under this chapter or a law referred to in section 165(b) shall

comply with in providing mass transportation service to elderly

individuals and individuals with disabilities and procedures for

the Secretary to monitor compliance with the criteria. The regulations shall include provisions for ensuring that organizations and

groups representing elderly individuals and individuals with disabilities are given adequate notice of, and an opportunity to comment

on, the proposed activity of a recipient to achieve compliance with

the regulations.

(g) LEASING VEHICLES.—The Secretary shall prescribe guidelines allowing vehicles bought under this section to be leased to

local governmental authorities to improve transportation services

designed to meet the special needs of elderly individuals and

individuals with disabilities.
H. R. 1758—65

(h) MEAL DELIVERY SERVICE TO HOMEBOUND INDIVIDUALS.—

Mass transportation service providers receiving assistance under

this section or section 5311(c) of this title may coordinate and

assist in regularly providing meal delivery service for homebound

individuals if the delivery service does not conflict with providing

mass transportation service or reduce service to mass transportation

passengers.

(i) TRANSFER OF FACILITIES AND EQUIPMENT.—With the consent

of the recipient currently having a facility or equipment acquired

with assistance under this section, a State may transfer the facility

or equipment to any recipient eligible to receive assistance under

this chapter if the facility or equipment will continue to be used

as required under this section.

(j) FARES NOT REQUIRED.—This chapter does not require that

elderly individuals and individuals with disabilities be charged

a fare.

§ 5311. Financial assistance for other than urbanized areas

(a) DEFINITION.—In this section, ‘‘recipient’’ includes a State

authority, a local governmental authority, a nonprofit organization,

and an operator of mass transportation service.

(b) GENERAL AUTHORITY.—(1) The Secretary of Transportation

may make grants for transportation projects that are included

in a State program of mass transportation service projects (including

service agreements with private providers of mass transportation

service) for areas other than urbanized areas. The program shall

be submitted annually to the Secretary. The Secretary may approve

the program only if the Secretary finds that the program provides

a fair distribution of amounts in the State, including Indian reservations, and the maximum feasible coordination of mass transportation service assisted under this section with transportation service

assisted by other United States Government sources. (2) The Secretary of Transportation shall carry out a rural

transportation assistance program in nonurbanized areas. In carrying out this paragraph, the Secretary may make grants and contracts for transportation research, technical assistance, training,

and related support services in nonurbanized areas.

(c) APPORTIONING AMOUNTS.—The Secretary of Transportation shall apportion amounts made available under section 5338(a) of

this title so that the chief executive officer of each State receives

an amount equal to the total amount apportioned multiplied by

a ratio equal to the population of areas other than urbanized

areas in a State divided by the population of all areas other than

urbanized areas in the United States, as shown by the most recent

of the following: the latest Government census, the population estimate the Secretary of Commerce prepares after the 4th year after

the date the latest census is published, or the population estimate

the Secretary of Commerce prepares after the 8th year after the

date the latest census is published. The amount may be obligated

by the chief executive officer for 2 years after the fiscal year in

which the amount is apportioned. An amount that is not obligated

at the end of that period shall be reapportioned among the States

for the next fiscal year.

(d) USE FOR LOCAL TRANSPORTATION SERVICE.—A State may

use an amount apportioned under this section for a project included

in a program under subsection (b) of this section and eligible for

assistance under this chapter if the project will provide local
H. R. 1758—66

transportation service, as defined by the Secretary of Transportation, in an area other than an urbanized area.

(e) USE FOR ADMINISTRATION AND TECHNICAL ASSISTANCE.—

(1) The Secretary of Transportation may allow a State to use

not more than 15 percent of the amount apportioned under this

section to administer this section and provide technical assistance

to a recipient, including project planning, program and management

development, coordination of mass transportation programs, and

research the State considers appropriate to promote effective delivery of mass transportation to an area other than an urbanized

area.

(2) Except as provided in this section, a State carrying out

a program of operating assistance under this section may not limit

the level or extent of use of the Government grant for the payment

of operating expenses.

(f) INTERCITY BUS TRANSPORTATION.—(1) A State shall expend

at least 10 percent of the amount made available in the fiscal

year ending September 30, 1993, and 15 percent of the amount

made available in each fiscal year after September 30, 1993, to

carry out a program to develop and support intercity bus transportation. Eligible activities under the program include—

(A) planning and marketing for intercity bus transportation;

(B) capital grants for intercity bus shelters;

(C) joint-use stops and depots;

(D) operating grants through purchase-of-service agreements, user-side subsidies, and demonstration projects; and

(E) coordinating rural connections between small mass

transportation operations and intercity bus carriers.

(2) A State does not have to comply with paragraph (1) of

this subsection in a fiscal year in which the chief executive officer

of the State certifies to the Secretary of Transportation that the

intercity bus service needs of the State are being met adequately.

(g) GOVERNMENT’S SHARE OF COSTS.—(1) In this subsection,

‘‘amounts of the Government or revenues’’ do not include amounts

received under a service agreement with a State or local social

service agency or a private social service organization.

(2) A grant of the Government for a capital project under

this section may not be more than 80 percent of the net cost

of the project, as determined by the Secretary of Transportation.

A grant to pay a subsidy for operating expenses may not be more

than 50 percent of the net cost of the operating expense project.

At least 50 percent of the remainder shall be provided in cash

from sources other than amounts of the Government or revenues

from providing mass transportation. Transit system amounts that

make up the remainder shall be from an undistributed cash surplus,

a replacement or depreciation cash fund or reserve, or new capital.

(h) AMOUNTS FOR OPERATING ASSISTANCE.—An amount made

available under this section may be used for operating assistance.

(i) TRANSFER OF FACILITIES AND EQUIPMENT.—With the consent

of the recipient currently having a facility or equipment acquired

with assistance under this section, a State may transfer the facility

or equipment to any recipient eligible to receive assistance under

this chapter if the facility or equipment will continue to be used

as required under this section.
H. R. 1758—67

(j) RELATIONSHIP TO OTHER LAWS.—(1) Sections 5323(a)(1)(D)

and 5333(b) of this title apply to this section but the Secretary

of Labor may waive the application of section 5333(b).

(2) This subsection does not affect or discharge a responsibility

of the Secretary of Transportation under a law of the United States.

§ 5312. Research, development, demonstration, and training

projects

(a) RESEARCH, DEVELOPMENT, AND DEMONSTRATION

PROJECTS.—The Secretary of Transportation (or the Secretary of

Housing and Urban Development when required by section 5334(i)

of this title) may undertake, or make grants or contracts (including

agreements with departments, agencies, and instrumentalities of

the United States Government) for, research, development, and

demonstration projects related to urban mass transportation that

the Secretary decides will help reduce urban transportation needs,

improve mass transportation service, or help mass transportation

service meet the total urban transportation needs at a minimum

cost. The Secretary may request and receive appropriate information

from any source. This subsection does not limit the authority of

the Secretary under another law.

(b) RESEARCH, INVESTIGATIONS, AND TRAINING.—(1) The Secretary of Transportation (or the Secretary of Housing and Urban

Development when required by section 5334(i) of this title) may

make grants to nonprofit institutions of higher learning—

(A) to conduct competent research and investigations into

the theoretical or practical problems of urban transportation;

and

(B) to train individuals to conduct further research or

obtain employment in an organization that plans, builds, operates, or manages an urban transportation system.

(2) Research and investigations under this subsection include—

(A) the design and use of urban mass transportation systems and urban roads and highways;

(B) the interrelationship between various modes of urban

and interurban transportation;

(C) the role of transportation planning in overall urban

planning;

(D) public preferences in transportation;

(E) the economic allocation of transportation resources; and

(F) the legal, financial, engineering, and esthetic aspects

of urban transportation.

(3) When making a grant under this subsection, the appropriate

Secretary shall give preference to an institution that brings together

knowledge and expertise in the various social science and technical

disciplines related to urban transportation problems.

(c) TRAINING FELLOWSHIPS AND INNOVATIVE TECHNIQUES AND

METHODS.—(1) The Secretary of Transportation may make grants

to States, local governmental authorities, and operators of mass

transportation systems to provide fellowships to train personnel

employed in managerial, technical, and professional positions in

the mass transportation field.

(2) The Secretary of Transportation may make grants to State

and local governmental authorities for projects that will use innovative techniques and methods in managing and providing mass

transportation.
H. R. 1758—68

(3) A fellowship under this subsection may be for not more

than one year of training in an institution that offers a program

applicable to the mass transportation industry. The recipient of

the grant shall select an individual on the basis of demonstrated

ability and for the contribution the individual reasonably can be

expected to make to an efficient mass transportation operation.

A grant for a fellowship may not be more than the lesser of $24,000

or 75 percent of—

(A) tuition and other charges to the fellowship recipient;

(B) additional costs incurred by the training institution

and billed to the grant recipient; and

(C) the regular salary of the fellowship recipient for the

period of the fellowship to the extent the salary is actually

paid or reimbursed by the grant recipient.

§ 5313. State planning and research programs

(a) COOPERATIVE RESEARCH PROGRAM.—(1) Fifty percent of the

amounts made available under section 5338(g)(3) of this title are

available for a mass transportation cooperative research program.

The Secretary of Transportation shall establish an independent

governing board for the program. The board shall recommend mass

transportation research, development, and technology transfer

activities the Secretary considers appropriate.

(2) The Secretary may make grants to, and cooperative agreements with, the National Academy of Sciences to carry out activities

under this subsection that the Secretary decides are appropriate.

(b) STATE PLANNING AND RESEARCH.—(1) Fifty percent of the

amounts made available under section 5338(g)(3) of this title shall

be apportioned to States for grants and contracts consistent with

the purposes of sections 5303–5306, 5312, 5315, 5317, and 5322

of this title. The amounts shall be apportioned so that each State

receives an amount equal to the population in urbanized areas

in the State, divided by the population in urbanized areas in all

States, as shown by the latest available decennial census. However,

a State must receive at least .5 percent of the amount apportioned

under this subsection.

(2) A State, as the State considers appropriate, may authorize

part of the amount made available under this subsection to be

used to supplement amounts available under subsection (a) of this

section.

(3) An amount apportioned under this subsection—

(A) remains available for 3 years after the fiscal year

in which the amount is apportioned; and

(B) that is unobligated at the end of the 3-year period

shall be reapportioned among the States for the next fiscal

year.

(c) GOVERNMENT’S SHARE.—When there would be a clear and

direct financial benefit to an entity under a grant or contract

financed under subsection (a) of this section, the Secretary shall

establish a United States Government share consistent with the

benefit.

§ 5314. National planning and research programs

(a) PROGRAM.—(1) The amounts made available under section

5338(g)(4) of this title are available to the Secretary of Transportation for grants and contracts for the purposes of sections 5303–
H. R. 1758—69

5306, 5312, 5315, 5317, and 5322 of this title, as the Secretary

considers appropriate.

(2) Of the amounts made available under paragraph (1) of

this subsection, the Secretary shall make available at least

$2,000,000 to provide mass transportation-related technical assistance, demonstration programs, research, public education, and other

activities the Secretary considers appropriate to help mass transportation providers comply with the Americans with Disabilities Act

of 1990 (42 U.S.C. 12101 et seq.). To the extent practicable, the

Secretary shall carry out this paragraph through a contract with

a national nonprofit organization serving individuals with disabilities that has a demonstrated capacity to carry out the activities.

(3) Not more than 25 percent of the amounts available under

paragraph (1) of this subsection is available to the Secretary for

special demonstration initiatives, subject to terms the Secretary

considers consistent with this chapter, except that section

5323(a)(1)(D) of this title applies to an operational grant financed

in carrying out section 5312(a) of this title. For a nonrenewable grant of not more than $100,000, the Secretary shall provide expedited procedures on complying with the requirements of

this chapter.

(4)(A) The Secretary may undertake a program of mass

transportation technology development in coordination with affected

entities.

(B) The Secretary shall establish an Industry Technical Panel

composed of representatives of transportation suppliers and operators and others involved in technology development. A majority

of the Panel members shall represent the supply industry. The

Panel shall assist the Secretary in identifying priority technology

development areas and in establishing guidelines for project development, project cost sharing, and project execution. (C) The Secretary shall develop guidelines for cost sharing

in technology development projects financed under this paragraph.

The guidelines shall be flexible and reflect the extent of technical

risk, market risk, and anticipated supplier benefits and payback

periods.

(5) The Secretary may use amounts appropriated under this subsection to supplement amounts available under section 5313(a)

of this title, as the Secretary considers appropriate. (b) GOVERNMENT’S SHARE.—When there would be a clear and

direct financial benefit to an entity under a grant or contract

financed under subsection (a) of this section, the Secretary shall

establish a United States Government share consistent with the

benefit.

§ 5315. National mass transportation institute

(a) ESTABLISHMENT AND DUTIES.—The Secretary of Transportation shall make grants to Rutgers University to establish a

national mass transportation institute. In cooperation with the Federal Transit Administration, State transportation departments, public mass transportation authorities, and national and international

entities, the institute shall develop and conduct training programs

of instruction for United States Government, State, and local

transportation employees, United States citizens, and foreign

nationals engaged or to be engaged in Government-aid mass

transportation work. The programs may include courses in recent

developments, techniques, and procedures related to—
H. R. 1758—70

(1) mass transportation planning;

(2) management;

(3) environmental factors;

(4) acquisition and joint use of rights of way;

(5) engineering;

(6) procurement strategies for mass transportation systems;

(7) turnkey approaches to carrying out mass transportation

systems;

(8) new technologies;

(9) emission reduction technologies;

(10) ways to make mass transportation accessible to

individuals with disabilities;

(11) construction;

(12) maintenance;

(13) contract administration; and

(14) inspection.

(b) RELATED EDUCATIONAL AND TRAINING PROGRAMS.—The Secretary shall delegate to the institute the authority of the Secretary

to develop and conduct educational and training programs related

to mass transportation.

(c) PROVIDING EDUCATION AND TRAINING.—Education and training of Government, State, and local transportation employees under

this section shall be provided—

(1) by the Secretary at no cost to the States and local

governments for subjects that are a Government program

responsibility; or

(2) when the education and training are paid under subsection (d) of this section, by the State, with the approval

of the Secretary, through grants and contracts with public

and private agencies, other institutions, individuals, and the

institute.

(d) AVAILABILITY OF AMOUNTS.—Not more than .5 percent of

the amounts made available for a fiscal year beginning after

September 30, 1991, to a State or public mass transportation

authority in the State to carry out sections 5304 and 5306 of

this title is available for expenditure by the State and public mass

transportation authorities in the State, with the approval of the

Secretary, to pay not more than 80 percent of the cost of tuition

and direct educational expenses related to educating and training

State and local transportation employees under this section.

§ 5316. University research institutes

(a) INSTITUTE FOR NATIONAL SURFACE TRANSPORTATION POLICY.—The Secretary of Transportation shall make grants to San

Jose State University to establish and operate an institute for

national surface transportation policy studies. The institute shall—

(1) include male and female students of diverse socioeconomic and ethnic backgrounds who are seeking careers in

developing and operating surface transportation programs; and

(2) conduct research and development activities to analyze

ways of improving aspects of developing and operating surface

transportation programs of the United States.

(b) INFRASTRUCTURE TECHNOLOGY INSTITUTE.—The Secretary

shall make grants to Northwestern University to establish and

operate an institute to study techniques—

(1) to evaluate and monitor infrastructure conditions;
H. R. 1758—71

(2) to improve information systems for infrastructure

construction and management; and

(3) to study advanced materials and automated processes

for constructing and rehabilitating public works facilities.

(c) URBAN TRANSIT INSTITUTE.—The Secretary shall make

grants to North Carolina A. and T. State University through the

Institute for Transportation Research and Education, the University

of South Florida, and a consortium of Florida A. and M., Florida

State University, and Florida International University to establish

and operate an interdisciplinary institute to study and disseminate

techniques on the diverse transportation problems of urban areas

experiencing significant and rapid growth.

(d) INSTITUTE FOR INTELLIGENT VEHICLE-HIGHWAY CONCEPTS.—

The Secretary shall make grants to the University of Minnesota,

Center for Transportation Studies, to establish and operate a

national institute for intelligent vehicle-highway concepts. The

institute shall conduct research and recommend development activities that focus on methods to increase roadway capacity, enhance

safety, and reduce negative environmental effects of transportation

facilities by using intelligent vehicle-highway systems technologies.

(e) INSTITUTE FOR TRANSPORTATION RESEARCH AND EDUCATION.—The Secretary shall make grants to the University of

North Carolina to conduct research and development and to direct

technology transfer and training for State and local transportation

authorities to improve the overall surface transportation infrastructure.

(f) APPLICABILITY OF TITLE 23.—Amounts authorized by section

5338(d) of this title may be obligated in the same way as amounts

are apportioned under chapter 1 of title 23.

§ 5317. Transportation centers

(a) GRANTS FOR REGIONAL TRANSPORTATION CENTERS.—(1) The

Secretary of Transportation shall make grants to nonprofit institutions of higher learning to establish and operate regional transportation centers in each of the 10 United States Government regions

that comprise the Standard Federal Regional Boundary System.

(2) A nonprofit institution of higher learning interested in

receiving a grant under this subsection shall submit an application

to the Secretary in the way and containing the information the

Secretary prescribes. The Secretary shall select each recipient on

the basis of the following:

(A) the regional transportation center is located in a State

that is representative of the needs of the Government region

for improved transportation and facilities.

(B) the demonstrated research and extension resources

available to the recipient to carry out this subsection.

(C) the capability of the recipient to provide leadership

in making national and regional contributions to the solution

of immediate and long-range transportation problems.

(D) the recipient has an established transportation program

encompassing several modes of transportation.

(E) the recipient has a demonstrated commitment of at

least $200,000 in regularly budgeted institutional amounts each

year to support ongoing transportation research programs.

(F) the recipient has a demonstrated ability to disseminate

results of transportation research and educational programs
H. R. 1758—72

through a statewide or regionwide continuing educational program.

(G) the projects the recipient proposes to carry out under

the grant.

(3)(A) At each regional transportation center, the following

shall be carried out:

(i) infrastructure research on transportation.

(ii) research and training on transportation safety and the

transportation of passengers and property and the interpretation, publication, and dissemination of the results of the

research.

(B) Each transportation center—

(i) should carry out research on more than one mode of

transportation; and

(ii) should consider the proportion of amounts for this subsection from amounts available to carry out urban mass

transportation projects under this chapter and from the Highway Trust Fund.

(C) At one of the transportation centers, research may be carried out on the testing of new bus models.

(4) Before making a grant under this subsection, the Secretary

may require the recipient to make an agreement with the Secretary

to ensure that the recipient will maintain total expenditures from

all other sources to establish and operate a regional transportation

center and related research activities at a level at least equal

to the average level of those expenditures in its 2 fiscal years

prior to April 2, 1987.

(5) A grant under this subsection is for 50 percent of the

cost of establishing and operating the regional transportation center

and related research activities the recipient carries out.

(b) GRANTS FOR UNIVERSITY TRANSPORTATION CENTERS.—(1)

To accelerate the involvement and participation of minority individuals and women in transportation-related professions, particularly

in the science, technology, and engineering disciplines, the Secretary

shall make grants to Morgan State University to establish a

national center for transportation management, research, and development. The center shall give special attention to designing, developing, and carrying out research, training, and technology transfer

activities to increase the number of highly skilled minority individuals and women entering the transportation workforce.

(2) The Secretary shall make grants to the New Jersey Institute

of Technology to establish and operate a center for transportation

and industrial productivity. The center shall conduct research and

development activities that focus on ways to increase surface

transportation capacity, reduce congestion, and reduce costs for

transportation system users and providers through the use of

transportation management systems.

(3) The Secretary shall make a grant to Monmouth College,

West Long Branch, New Jersey, to modify and rebuild Building

Number 500 at Monmouth College. Before making the grant, the

Secretary shall receive assurances from Monmouth College that

the building will be known and designated as the James and

Marlene Howard Transportation Information Center and that

transportation-related instruction and research in computer science,

electronic engineering, mathematics, and software engineering conducted at the building will be coordinated with the Center for
H. R. 1758—73

Transportation and Industrial Productivity at the New Jersey

Institute of Technology.

(4) The Secretary shall make grants to the University of

Arkansas to establish a national rural transportation center. The

center shall conduct research, training, and technology transfer

activities in the development, management, and operation of intermodal transportation systems in rural areas.

(5)(A) The Secretary shall make grants to the University of

Idaho to establish a National Center for Advanced Transportation

Technology. The Center shall be established and operated in partnership with private industry and shall conduct industry-driven

research and development activities that focus on transportationrelated manufacturing and engineering processes, materials, and

equipment.

(B) The Secretary shall make grants to the University of Idaho

to plan, design, and construct a building in which to conduct the

research and development activities of the Center.

(C) Amounts authorized by section 5338(e)(2) of this title may

be obligated in the same way as amounts apportioned under chapter

1 of title 23 (except that the Government share of the cost of

the activities conducted under this paragraph is 80 percent and

the amounts remain available until expended) and are not subject

to an obligational limitation.

(D) A grant made under this paragraph is not subject to the

requirements of this section (except this paragraph).

(c) PROGRAM COORDINATION.—The Secretary shall provide for

coordinating research, education, training, and technology transfer

activities that grant recipients carry out under this section, the

dissemination of the results of the research, and the establishment

and operation of a clearinghouse between the centers and the

transportation industry. At least annually, the Secretary shall

review and evaluate programs the grant recipients carry out. The

Secretary may use not more than one percent of amounts made

available from Government sources to carry out this section to

carry out this subsection. (d) OBLIGATION CEILING.—Amounts authorized to carry out this section (except subsection (b)(3)) are subject to obligational limitations established under section 1002 of the Intermodal Surface

Transportation Efficiency Act of 1991 (Public Law 102–240, 105

Stat. 1916).

(e) AMOUNTS AVAILABLE FOR TECHNOLOGY TRANSFER ACTIVI- TIES.—At least 5 percent of the amounts made available to carry

out this section in a fiscal year are available to carry out technology

transfer activities.

(f) ALLOCATION AMONG GOVERNMENT REGIONS.—The Secretary

shall allocate amounts available to carry out this section equitably

among the Government regions.

§ 5318. Bus testing facility

(a) ESTABLISHMENT.—The Secretary of Transportation shall

establish one facility for testing a new bus model for maintainability, reliability, safety, performance (including braking performance), structural integrity, fuel economy, emissions, and noise. The

facility shall be established by renovating a facility built with

assistance of the United States Government to train rail personnel.

(b) OPERATION AND MAINTENANCE.—The Secretary shall make

a contract with a qualified person to operate and maintain the
H. R. 1758—74

facility. The contract may provide for the testing of rail cars and

other vehicles at the facility.

(c) FEES.—The person operating and maintaining the facility

shall establish and collect fees for the testing of vehicles at the

facility. The Secretary must approve the fees.

(d) AVAILABILITY OF AMOUNTS TO PAY FOR TESTING.—The Secretary shall make a contract with the operator of the facility under

which the Secretary shall pay 80 percent of the cost of testing

a vehicle at the facility from amounts available under section

5338(j)(5) of this title. The entity having the vehicle tested shall

pay 20 percent of the cost.

(e) REVOLVING LOAN FUND.—The Secretary has a bus testing

revolving loan fund consisting of amounts authorized for the fund

under section 317(b)(5) of the Surface Transportation and Relocation

Assistance Act of 1987. The Secretary shall make available as

repayable advances from the fund to the person operating and

maintaining the facility amounts to operate and maintain the

facility.

§ 5319. Bicycle facilities

A project to provide access for bicycles to mass transportation

facilities, to provide shelters and parking facilities for bicycles in

or around mass transportation facilities, or to install equipment

for transporting bicycles on mass transportation vehicles is a capital

project eligible for assistance under sections 5307, 5309, and 5311

of this title. Notwithstanding sections 5307(e), 5309(h), and 5311(g)

of this title, a grant of the United States Government under this

chapter for a project under this section is for 90 percent of the

cost of the project.

§ 5320. Suspended light rail system technology pilot project

(a) PURPOSE.—The purpose of this section is to provide for

the construction by a public entity of a suspended light rail system

technology pilot project— (1) to assess the state of new technology for a suspended

light rail system; and (2) to establish the feasibility, costs, and benefits of using

the system to transport passengers.

(b) GENERAL REQUIREMENTS.—The project shall— (1) use new rail technology with individual vehicles on

a prefabricated elevated steel guideway; (2) be stability-seeking with a center of gravity for the

detachable passenger vehicles located below the point of wheelrail contact; and

(3) use vehicles that are driven by overhead bogies with

high efficiency, low maintenance electric motors for each wheel,

operating in a slightly sloped plane from vertical for the wheels

and the running rails, to further increase stability, acceleration,

and braking performance.

(c) COMPETITION.—(1) The Secretary of Transportation shall

conduct a national competition to select a public entity with which

to make a full financing grant agreement to construct the project.

Not later than April 16, 1992, the Secretary shall select 3 public

entities to be finalists in the competition. In conducting the competition and selecting public entities, the Secretary shall consider—

(A) the public entity’s demonstrated understanding and

knowledge of the project and its technical, managerial, and
H. R. 1758—75

financial capacity to construct, manage, and operate the project;

and

(B) maximizing potential contributions to the cost of the

project by State, local, and private sector entities, including

donation of in-kind services and materials.

(2) The Secretary shall award a grant to each finalist to be

used to participate in the final phase of the competition under

procedures the Secretary prescribes. A grant may not be more

than 80 percent of the cost of participating. A finalist may not

receive more than one-third of the amount made available under

subsection (h)(1)(A) of this section.

(3) Not later than July 15, 1992, the Secretary shall select

from among the 3 finalists a public entity with which to make

a full financing grant agreement.

(d) ENVIRONMENTAL IMPACT.—Not later than 270 days after

a public entity is selected under subsection (c) of this section,

the Secretary shall approve and publish in the Federal Register

a notice announcing either a finding of no significant impact or

a draft environmental impact statement for the project. The alternatives analysis for the project shall include a decision on whether

to construct the project. If a draft statement is published, the

Secretary, not later than 180 days after publication, shall approve

and publish in the Federal Register a notice of completion of a

final environmental impact statement.

(e) FULL FINANCING GRANT AGREEMENT.—Not later than 60

days after carrying out the requirements of subsection (d) of this

section, the Secretary shall make a full financing grant agreement

under section 5309 of this title with the public entity selected

under subsection (c) of this section to construct the project. The

agreement shall provide that the system vendor for the project

shall finance—

(1) 100 percent of any deficit incurred in operating the

project in the first 2 years of revenue operations of the project;

and

(2) 50 percent of any deficit incurred in operating the

project in the 3d year of revenue operations of the project.

(f) NOTICE TO PROCEED.—Not later than 30 days after making

the full financing grant agreement, the Secretary shall issue a

notice to proceed with construction.

(g) OPTION NOT TO CONSTRUCT AND REAWARDING THE GRANT.— (1) Not later than 30 days after completing preliminary engineering

and design, the selected public entity shall decide whether to proceed to constructing the project. If the entity decides not to proceed—

(A) the Secretary shall not make the full financing grant

agreement;

(B) remaining amounts received shall be returned to the

Secretary and credited to the Mass Transit Account of the

Highway Trust Fund; and

(C) the Secretary shall use the credited amount and other

amounts to be provided under this section to award to another

entity selected under subsection (c)(1) of this section a grant

under section 5309 of this title to construct the project.

(2) Not later than 60 days after a decision is made under

paragraph (1) of this subsection, a grant shall be awarded under

paragraph (1)(C) of this section after completing a competitive process for selecting the grant recipient.
H. R. 1758—76

(h) FINANCING.—(1) The Secretary shall pay from amounts provided under section 5309 of this title the following:

(A) at least $1,000,000 for the fiscal year ending September

30, 1992, for grants under subsection (c)(2) of this section.

(B) at least $4,000,000 for the fiscal year ending September

30, 1993, for the United States Government share of the costs

(as determined under section 5309 of this title) if the systems

planning, alternatives analysis, preliminary engineering, and

design and environmental impact statement are required by

law for the project.

(C) at least $30,000,000 for the fiscal year ending September 30, 1994, as provided in the grant agreement under subsection (e) of this section, for the Government share of the

construction costs of the project.

(2) The grant agreement under subsection (e) of this section

shall provide that for the 3d year of revenue operations of the

project, the Secretary shall pay from amounts provided under this

section the Government share of operating costs in an amount

equal to the lesser of 50 percent of the deficit incurred in operating

the project in that year or $300,000.

(3) Amounts not expended under paragraph (1)(A) of this subsection are available for the Government share of costs described

in paragraph (1)(B) and (C) of this subsection.

(4) Amounts under paragraph (1)(B) and (C) of this subsection

remain available until expended.

(i) GOVERNMENT’S SHARE OF COSTS.—The Government share

of the cost of constructing the project is 80 percent of the net

cost of the project.

(j) PROJECT NOT SUBJECT TO MAJOR CAPITAL INVESTMENT POLICY.—The project is not subject to the major capital investment

policy of the Federal Transit Administration.

(k) REPORT.—Not later than January 30, 1993, and each year

after that date, the Secretary shall submit to Congress a report

on the progress and results of the project.

§ 5321. Crime prevention and security

The Secretary of Transportation may make capital grants from

amounts available under section 5338 of this title to mass transportation systems for crime prevention and security. This chapter

does not prevent the financing of a project under this section when

a local governmental authority other than the grant applicant has

law enforcement responsibilities.

§ 5322. Human resource programs

The Secretary of Transportation may undertake, or make grants

and contracts for, programs that address human resource needs

as they apply to mass transportation activities. A program may

include—

(1) an employment training program;

(2) an outreach program to increase minority and female

employment in mass transportation activities;

(3) research on mass transportation personnel and training

needs; and

(4) training and assistance for minority business opportunities.
H. R. 1758—77

§ 5323. General provisions on assistance

(a) INTERESTS IN PROPERTY.—(1) Financial assistance provided

under this chapter to a State or a local governmental authority

may be used to acquire an interest in, or buy property of, a private

mass transportation company, for a capital project for property

acquired from a private mass transportation company after July

9, 1964, or to operate mass transportation equipment or a mass

transportation facility in competition with, or in addition to,

transportation service provided by an existing mass transportation

company, only if— (A) the Secretary of Transportation finds the assistance is essential to a program of projects required under sections

5303–5306 of this title;

(B) the Secretary of Transportation finds that the program, to the maximum extent feasible, provides for the participation

of private mass transportation companies; (C) just compensation under State or local law will be paid to the company for its franchise or property; and (D) the Secretary of Labor certifies that the assistance complies with section 5333(b) of this title.

(2) A governmental authority may not use financial assistance of the United States Government to acquire land, equipment, or

a facility used in mass transportation from another governmental

authority in the same geographic area. (b) NOTICE AND PUBLIC HEARING.—(1) An application for a grant or loan under this chapter (except section 5307) for a capital

project that will affect substantially a community, or the mass

transportation service of a community, must include a certificate

of the applicant that the applicant has— (A) provided an adequate opportunity for a public hearing with adequate prior notice; (B) held that hearing unless no one with a significant economic, social, or environmental interest requested one; (C) considered the economic, social, and environmental

effects of the project; and (D) found that the project is consistent with official plans for developing the urban area.

(2) Notice of a hearing under this subsection shall include a concise description of the proposed project and shall be published

in a newspaper of general circulation in the geographic area the

project will serve. If a hearing is held, a copy of the transcript

of the hearing shall be submitted with the application.

(c) ACQUIRING NEW BUS MODELS.—Amounts appropriated or

made available under this chapter (except section 5307) after

September 30, 1989, may be obligated or expended to acquire a

new bus model only if a bus of the model has been tested at

the facility established under section 5318 of this title.

(d) BUYING AND OPERATING BUSES.—(1) Financial assistance

under this chapter may be used to buy or operate a bus only

if the applicant, governmental authority, or publicly owned operator

that receives the assistance agrees that, except as provided in

the agreement, the governmental authority or an operator of mass

transportation for the governmental authority will not provide charter bus transportation service outside the urban area in which

it provides regularly scheduled mass transportation service. An

agreement shall provide for a fair arrangement the Secretary of

Transportation considers appropriate to ensure that the assistance
H. R. 1758—78

will not enable a governmental authority or an operator for a

governmental authority to foreclose a private operator from providing intercity charter bus service if the private operator can provide

the service.

(2) On receiving a complaint about a violation of an agreement,

the Secretary of Transportation shall investigate and decide

whether a violation has occurred. If the Secretary decides that

a violation has occurred, the Secretary shall correct the violation

under terms of the agreement. In addition to a remedy specified

in the agreement, the Secretary may bar a recipient under this

subsection or an operator from receiving further assistance when

the Secretary finds a continuing pattern of violations of the agreement.

(e) BUS PASSENGER SEAT FUNCTIONAL SPECIFICATIONS.—The

initial advertising by a State or local governmental authority for

bids to acquire buses using financial assistance under this chapter

(except section 5307) may include passenger seat functional specifications that are at least equal to performance specifications the

Secretary of Transportation prescribes. The specifications shall be

based on a finding by the State or local governmental authority

of local requirements for safety, comfort, maintenance, and life

cycle costs.

(f) SCHOOLBUS TRANSPORTATION.—(1) Financial assistance

under this chapter may be used for a capital project, or to operate

mass transportation equipment or a mass transportation facility,

only if the applicant agrees not to provide schoolbus transportation

that exclusively transports students and school personnel in competition with a private schoolbus operator. This subsection does

not apply—(A) to an applicant that operates a school system in the

area to be served and a separate and exclusive schoolbus program for the school system; (B) unless a private schoolbus operator can provide adequate transportation that complies with applicable safety standards at reasonable rates; and

(C) to a State or local governmental authority if it or

a direct predecessor in interest from which it acquired the

duty of transporting school children and personnel, and facilities to transport them, provided schoolbus transportation at

any time after November 25, 1973, but before November 26,

1974.

(2) An applicant violating an agreement under this subsection

may not receive other financial assistance under this chapter. (g) BUYING BUSES UNDER OTHER LAWS.—Subsections (d) and

(f) of this section apply to financial assistance to buy a bus under

sections 103(e)(4) and 142(a) or (c) of title 23. However, subsection

(f)(1)(C) of this section applies to sections 103(e)(4) and 142(a)

or (c) only if schoolbus transportation was provided at any time

after August 12, 1972, but before August 13, 1973.

(h) GRANT AND LOAN PROHIBITIONS.—A grant or loan may

not be used to—

(1) pay ordinary governmental or nonproject operating

expenses; or

(2) support a procurement that uses an exclusionary or

discriminatory specification.

(i) GOVERNMENT’S SHARE OF COSTS FOR CERTAIN PROJECTS.—

A Government grant for a project to be assisted under this chapter
H. R. 1758—79

that involves acquiring vehicle-related equipment required by the

Clean Air Act (42 U.S.C. 7401 et seq.) or the Americans with

Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) is for 90 percent

of the net project cost of the equipment that is attributable to

complying with those Acts. The Secretary of Transportation,

through practicable administrative procedures, may determine the

costs attributable to that equipment.

(j) BUY AMERICAN.—(1) The Secretary of Transportation may

obligate an amount that may be appropriated to carry out this

chapter for a project only if the steel, iron, and manufactured

goods used in the project are produced in the United States.

(2) The Secretary of Transportation may waive paragraph (1)

of this subsection if the Secretary finds that—

(A) applying paragraph (1) would be inconsistent with the

public interest;

(B) the steel, iron, and goods produced in the United States

are not produced in a sufficient and reasonably available

amount or are not of a satisfactory quality;

(C) when procuring rolling stock (including train control,

communication, and traction power equipment) under this chapter—

(i) the cost of components and subcomponents produced

in the United States is more than 60 percent of the cost

of all components of the rolling stock; and

(ii) final assembly of the rolling stock has occurred

in the United States; or

(D) including domestic material will increase the cost of

the overall project by more than 25 percent.

(3) In this subsection, labor costs involved in final assembly

are not included in calculating the cost of components. (4) The Secretary of Transportation may not make a waiver under paragraph (2) of this subsection for goods produced in a

foreign country if the Secretary, in consultation with the United

States Trade Representative, decides that the government of that

foreign country— (A) has an agreement with the United States Government

under which the Secretary has waived the requirement of this

subsection; and

(B) has violated the agreement by discriminating against

goods to which this subsection applies that are produced in

the United States and to which the agreement applies.

(5) A person is ineligible under subpart 9.4 of chapter 1 of

title 48, Code of Federal Regulations, to receive a contract or subcontract made with amounts authorized under the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240,

105 Stat. 1914) if a court or department, agency, or instrumentality

of the Government decides the person intentionally—

(A) affixed a ‘‘Made in America’’ label, or a label with

an inscription having the same meaning, to goods sold in or

shipped to the United States that are used in a project to

which this subsection applies but not produced in the United

States; or

(B) represented that goods described in clause (A) of this

paragraph were produced in the United States.

(6) The Secretary of Transportation may not impose any limitation on assistance provided under this chapter that restricts a

State from imposing more stringent requirements than this sub-
H. R. 1758—80

section on the use of articles, materials, and supplies mined, produced, or manufactured in foreign countries in projects carried

out with that assistance or restricts a recipient of that assistance

from complying with those State-imposed requirements.

(7) Not later than January 1, 1995, the Secretary of Transportation shall submit to Congress a report on purchases from foreign

entities waived under paragraph (2) of this subsection in the fiscal

years ending September 30, 1992, and September 30, 1993. The

report shall indicate the dollar value of items for which waivers

were granted.

(k) APPLICATION OF SECTION 135 OF TITLE 23.—The planning

and programming requirements of section 135 of title 23 apply

to a grant made under sections 5307–5311 of this title.

§ 5324. Limitations on discretionary and special needs grants

and loans

(a) RELOCATION PROGRAM REQUIREMENTS.—Financial assistance may be provided under section 5309 of this title only if the

Secretary of Transportation decides that—

(1) an adequate relocation program is being carried out

for families displaced by a project; and

(2) an equal number of decent, safe, and sanitary dwellings

are being, or will be, provided to those families in the same

area or in another area generally not less desirable for public

utilities and public and commercial facilities, at rents or prices

within the financial means of those families, and with reasonable access to their places of employment.

(b) ECONOMIC, SOCIAL, AND ENVIRONMENTAL INTERESTS.—(1)

In carrying out section 5301(e) of this title, the Secretary of

Transportation shall cooperate and consult with the Secretaries

of Agriculture, Health and Human Services, Housing and Urban

Development, and the Interior and the Council on Environmental

Quality on each project that may have a substantial impact on

the environment.

(2) In carrying out section 5309 of this title, the Secretary

of Transportation shall review each transcript of a hearing submitted under section 5323(b) of this title to establish that an adequate

opportunity to present views was given to all parties with a significant economic, social, or environmental interest and that the project

application includes a statement on—

(A) the environmental impact of the proposal;

(B) adverse environmental effects that cannot be avoided;

(C) alternatives to the proposal; and

(D) irreversible and irretrievable impacts on the environment.

(3)(A) The Secretary of Transportation may approve an application for financial assistance under section 5309 of this title only

if the Secretary makes written findings, after reviewing the application and any hearings held before a State or local governmental

authority under section 5323(b) of this title, that—

(i) an adequate opportunity to present views was given

to all parties with a significant economic, social, or environmental interest;

(ii) the preservation and enhancement of the environment,

and the interest of the community in which a project is located,

were considered; and
H. R. 1758—81

(iii) no adverse environmental effect is likely to result

from the project, or no feasible and prudent alternative to

the effect exists and all reasonable steps have been taken

to minimize the effect.

(B) If a hearing has not been conducted or the Secretary of

Transportation decides that the record of the hearing is inadequate

for making the findings required by this subsection, the Secretary

shall conduct a hearing on an environmental issue raised by the

application after giving adequate notice to interested persons.

(C) A finding of the Secretary of Transportation under subparagraph (A) of this paragraph shall be made a matter of public

record.

(c) PROHIBITIONS AGAINST REGULATING OPERATIONS AND

CHARGES.—The Secretary of Transportation may not regulate the

operation of a mass transportation system for which a grant is

made under section 5309 of this title and, after a grant is made,

may not regulate any charge for the system. However, the Secretary

may require the local governmental authority, corporation, or

association to comply with any undertaking provided by it related

to its grant application.

§ 5325. Contract requirements

(a) NONCOMPETITIVE BIDDING.—A capital project or improvement contract for which a grant or loan is made under this chapter,

if the contract is not made through competitive bidding, shall provide that records related to the contract shall be made available

to the Secretary of Transportation and the Comptroller General,

or an officer or employee of the Secretary or Comptroller General,

when conducting an audit and inspection. (b) ACQUIRING ROLLING STOCK.—A recipient of financial assistance of the United States Government under this chapter may

make a contract to expend that assistance to acquire rolling stock— (1) based on—

(A) initial capital costs; or

(B) performance, standardization, life cycle costs, and

other factors; or

(2) with a party selected through a competitive procurement

process.

(c) PROCURING ASSOCIATED CAPITAL MAINTENANCE ITEMS.—A

recipient of a grant under section 5307 of this title procuring

an associated capital maintenance item under section 5307(b) may

make a contract directly with the original manufacturer or supplier

of the item to be replaced, without receiving prior approval of

the Secretary, if the recipient first certifies in writing to the Secretary that—

(1) the manufacturer or supplier is the only source for

the item; and

(2) the price of the item is no more than the price similar

customers pay for the item.

(d) MANAGEMENT, ARCHITECTURAL, AND ENGINEERING CONTRACTS.—A contract for program management, construction

management, a feasibility study, and preliminary engineering,

design, architectural, engineering, surveying, mapping, or related

services for a project for which a grant or loan is made under

this chapter shall be awarded in the same way as a contract

for architectural and engineering services is negotiated under title

IX of the Federal Property and Administrative Services Act of
H. R. 1758—82

1949 (40 U.S.C. 541 et seq.) or an equivalent qualifications-based

requirement of a State. This subsection does not apply to the

extent a State has adopted or adopts by law a formal procedure

for procuring those services.

§ 5326. Special procurements

(a) TURNKEY SYSTEM PROJECTS.—(1) In this subsection, ‘‘turnkey system project’’ means a project under which a recipient makes

a contract with a seller, firm, or consortium of firms to construct

a mass transportation system that meets specific performance criteria and that the seller operates for a period of time.

(2) To advance new technologies and lower the cost of a capital

project for a new mass transportation system, the Secretary of

Transportation shall allow solicitation for a turnkey system project

to be financed under this chapter to be awarded conditionally before

United States Government requirements have been met on the

project if the award is made without prejudice to carrying out

those requirements. Government financial assistance under this

chapter may be made available for the project after the recipient

complies with Government requirements.

(3) To develop regulations applying generally to turnkey system

projects, the Secretary may approve at least 2 projects for an

initial demonstration phase. The results of the demonstration

projects (and other projects using this procurement method on

December 18, 1991) shall be considered in developing guidelines

to carry out this subsection.

(b) MULTIYEAR ROLLING STOCK.—(1) A recipient procuring rolling stock with Government financial assistance under this chapter

may make a multiyear contract to buy the rolling stock and replacement parts under which the recipient has an option to buy additional rolling stock or replacement parts for not more than 5 years

after the date of the original contract. (2) The Secretary shall allow at least 2 recipients to act on

a cooperative basis to procure rolling stock in compliance with

this subsection and other Government procurement requirements.

(c) EFFICIENT PROCUREMENT.—A recipient may award a

procurement contract under this chapter to other than the lowest

bidder when the award furthers an objective consistent with the

purposes of this chapter, including improved long-term operating

efficiency and lower long-term costs. Not later than March 17,

1992, the Secretary shall— (1) make appropriate changes in existing procedures to

make the policy stated in this subsection readily practicable

for all mass transportation authorities; and

(2) prescribe guidance that clarifies and carries out the

policy.

§ 5327. Project management oversight

(a) PROJECT MANAGEMENT PLAN REQUIREMENTS.—To receive

United States Government financial assistance for a major capital

project under this chapter or the National Capital Transportation

Act of 1969 (Public Law 91–143, 83 Stat. 320), a recipient must

prepare and carry out a project management plan approved by

the Secretary of Transportation. The plan shall provide for—

(1) adequate recipient staff organization with well-defined

reporting relationships, statements of functional responsibilities, job descriptions, and job qualifications;
H. R. 1758—83

(2) a budget covering the project management organization,

appropriate consultants, property acquisition, utility relocation,

systems demonstration staff, audits, and miscellaneous payments the recipient may be prepared to justify;

(3) a construction schedule for the project;

(4) a document control procedure and recordkeeping system;

(5) a change order procedure that includes a documented,

systematic approach to the handling of construction change

orders;

(6) organizational structures, management skills, and staffing levels required throughout the construction phase;

(7) quality control and quality assurance functions, procedures, and responsibilities for construction, system installation,

and integration of system components;

(8) material testing policies and procedures;

(9) internal plan implementation and reporting requirements;

(10) criteria and procedures to be used for testing the

operational system or its major components;

(11) periodic updates of the plan, especially related to

project budget and project schedule, financing, ridership estimates, and the status of local efforts to enhance ridership

where ridership estimates partly depend on the success of those

efforts; and

(12) the recipient’s commitment to submit a project budget

and project schedule to the Secretary each month.

(b) PLAN APPROVAL.—(1) The Secretary shall approve a plan

not later than 60 days after it is submitted. If the approval cannot

be completed within 60 days, the Secretary shall notify the recipient,

explain the reasons for the delay, and estimate the additional

time that will be required.

(2) The Secretary shall inform the recipient of the reasons

when a plan is disapproved.

(c) LIMITATIONS ON USE OF AVAILABLE AMOUNTS.—(1) The Secretary may use not more than .5 percent of amounts made available

for a fiscal year to carry out section 5307, 5309, or 5311 of this

title, an interstate transfer mass transportation project under section 103(e)(4) of title 23 as in effect on September 30, 1991, or

a project under the National Capital Transportation Act of 1969

(Public Law 91–143, 83 Stat. 320) to make a contract to oversee

the construction of a major project under section 5307, 5309, 5311,

or 103(e)(4) of that Act. The Secretary may use when necessary

not more than an additional .25 percent of amounts made available

in a fiscal year to carry out a major project under section 5307

to make a contract to oversee the construction of the project.

(2) The Secretary may use amounts available under paragraph

(1) of this subsection to make contracts for safety, procurement,

management, and financial compliance reviews and audits of a

recipient of amounts under paragraph (1). Subsections (a), (b), and

(e) of this section do not apply to contracts under this paragraph.

(3) The Government shall pay the entire cost of carrying out

a contract under this subsection.

(d) ACCESS TO SITES AND RECORDS.—Each recipient of assistance under this chapter or section 14(b) of the National Capital

Transportation Act of 1969 (Public Law 91–143, 83 Stat. 320),

as added by section 2 of the National Capital Transportation

Amendments of 1979 (Public Law 96–184, 93 Stat. 1320), shall
H. R. 1758—84

provide the Secretary and a contractor the Secretary chooses under

subsection (c) of this section with access to the construction sites

and records of the recipient when reasonably necessary.

(e) REGULATIONS.—The Secretary shall prescribe regulations

necessary to carry out this section. The regulations shall include—

(1) a definition of ‘‘major capital project’’ for subsection

(c) of this section that excludes a project to acquire rolling

stock or to maintain or rehabilitate a vehicle; and

(2) a requirement that oversight begin during the preliminary engineering stage of a project, unless the Secretary finds

it more appropriate to begin the oversight during another stage

of the project, to maximize the transportation benefits and

cost savings associated with project management oversight.

§ 5328. Project review

(a) SCHEDULE.—(1) When the Secretary of Transportation

allows a new fixed guideway project to advance into the alternatives

analysis stage of project review, the Secretary shall cooperate with

the applicant in alternatives analysis and in preparing a draft

environmental impact statement and shall approve the draft for

circulation not later than 45 days after the applicant submits the

draft to the Secretary.

(2) After the draft is circulated and not later than 30 days

after the applicant selects a locally preferred alternative, the Secretary shall allow the project to advance to the preliminary

engineering stage if the Secretary finds the project is consistent

with section 5309(e)(1)–(6) of this title.

(3) The Secretary shall issue a record of decision and allow

a project to advance to the final design stage of construction not

later than 120 days after the final environmental impact statement

for the project is completed. (4) The Secretary shall make a full financing grant agreement

under section 5309 of this title for a project not later than 120

days after the project enters the final design stage of construction.

The agreement shall provide for a United States Government share

of the construction cost at least equal to the Government share

estimated in the Secretary’s most recent report required under

section 5309(m)(2) of this title or an update of the report unless

the applicant requests otherwise.

(b) ALLOWED DELAYS.—(1) Advancement of a project under the time requirements of subsection (a) of this section may be

delayed only— (A) for the time the applicant may request; or

(B) during the time the Secretary finds, after reasonable

notice and an opportunity for comment, that the applicant,

for reasons attributable only to the applicant, has not complied

substantially with the provisions of this chapter applicable

to the project.

(2) Not more than 10 days after imposing a delay under paragraph (1)(B) of this subsection, the Secretary shall give the applicant

a written statement explaining the reasons for the delay and

describing actions the applicant must take to end the delay.

(3) At least once every 6 months, the Secretary shall report

to the Committee on Public Works and Transportation of the House

of Representatives and the Committee on Banking, Housing, and

Urban Affairs of the Senate on each situation in which the Secretary

has not met a time requirement of subsection (a) of this section
H. R. 1758—85

or delayed a time requirement under paragraph (1)(B) of this subsection. The report shall explain the reasons for the delay and

include a plan for achieving timely completion of the Secretary’s

review.

(c) PROGRAM OF INTERRELATED PROJECTS.—(1) In this subsection, a program of interrelated projects includes the following:

(A) the New Jersey Urban Core Project (as defined in

title III of the Intermodal Surface Transportation Efficiency

Act of 1991 (Public Law 102–240, 105 Stat. 2087)).

(B) the San Francisco Bay Area Rail Extension Program,

consisting of at least an extension of the San Francisco Bay

Area Rapid Transit District to the San Francisco International

Airport (Phase 1a to Colma and Phase 1b to San Francisco

Airport), the Santa Clara County Transit District Tasman Corridor Project, a program element designated by a change to

the Metropolitan Transportation Commission Resolution No.

1876, and a program element financed completely with nonGovernment amounts, including the BART Warm Springs

Extension, Dublin Extension, and West Pittsburg Extension.

(C) the Los Angeles Metro Rail Minimum Operable Segment-3 Program, consisting of 7 stations and approximately

11.6 miles of heavy rail subway on the following lines:

(i) one line running west and northwest from the Hollywood/Vine station to the North Hollywood station, with

2 intermediate stations.

(ii) one line running west from the Wilshire/Western

station to the Pico/San Vicente station, with one intermediate station.

(iii) the East Side Extension, consisting of an initial

line of approximately 3 miles, with at least 2 stations,

beginning at Union Station and running generally east.

(D) the Baltimore-Washington Transportation Improvement Program, consisting of 3 extensions of the Baltimore

Light Rail to Hunt Valley, Penn Station, and BaltimoreWashington Airport, MARC extensions to Frederick and Waldorf, Maryland, and an extension of the Washington Subway

system to Largo, Maryland.

(E) the Tri-County Metropolitan Transportation District

of Oregon Westside Light Rail Program, consisting of the locally

preferred alternative for the Westside Light Rail Project, including system related costs, contained in the Department of

Transportation and Related Agencies Appropriations Act, 1991

(Public Law 101–516, 104 Stat. 2155), and defined in House

Report 101–584, and the Hillsboro extension to the Westside

Light Rail Project contained in that Act.

(F) the Queens Local/Express Connector Program, consisting of the locally preferred alternative for the connection of

the 63d Street tunnel extension to the Queens Boulevard lines,

the bell-mouth part of the connector that will allow for future

access by commuter rail trains and other subway lines to the

63d Street tunnel extension, planning elements for connecting

the upper and lower levels to commuter and subway lines

in Long Island City, and planning elements for providing a

connector for commuter rail transportation to the East side

of Manhattan and subway lines to the proposed Second Avenue

subway.
H. R. 1758—86

(G) the Dallas Area Rapid Transit Authority light rail

elements of the New System Plan, consisting of the locally

preferred alternative for the South Oak Cliff corridor, the South

Oak Cliff corridor extension-Camp Wisdom, the West Oak Cliff

corridor-Westmoreland, the North Central corridor-Park Lane,

the North Central corridor-Richardson, Plano, and Garland

extensions, the Pleasant Grove corridor-Buckner, and the

Carrollton corridors-Farmers Branch and Las Colinas terminal.

(H) other programs designated by law or the Secretary.

(2) Consistent with the time requirements of subsection (a)

of this section or as otherwise provided by law, the Secretary

shall make at least one full financing grant agreement for each

program described in paragraph (1) of this subsection. The agreement shall include commitments to advance each of the applicant’s

program elements (in the program of interrelated projects) through

the appropriate program review stages as provided in subsection

(a) or as otherwise provided by law and to provide Government

financing for each element. The agreement may be changed to

include design and construction of a particular element.

(3) When reviewing a project in a program of interrelated

projects, the Secretary shall consider the local financial commitment, transportation effectiveness, and other assessment factors

of all program elements to the extent consideration expedites carrying out the project.

(4) Including a program element not financed by the Government in a program of interrelated projects does not impose Government requirements that otherwise would not apply to the element.

§ 5329. Investigation of safety hazards

(a) GENERAL.—The Secretary of Transportation may investigate

a condition in equipment, a facility, or an operation financed under

this chapter that the Secretary believes causes a serious hazard

of death or injury to establish the nature and extent of the condition

and how to eliminate or correct it. If the Secretary establishes

that a condition causes a hazard, the Secretary shall require the

local governmental authority receiving amounts under this chapter

to submit a plan for correcting it. The Secretary may withhold

further financial assistance under this chapter until a plan is

approved and carried out.

(b) REPORT.—Not later than June 15, 1992, the Secretary shall

submit to Congress a report containing— (1) a description of actions taken to identify and investigate

conditions in a facility, equipment, or way of operating as

part of the findings and decisions required of the Secretary

in providing a grant or loan under this chapter;

(2) a description of actions of the Secretary to correct or

eliminate, as a requirement for making an amount available

through a grant or loan under this chapter, a condition found

to create a serious hazard of death or injury;

(3) a summary of all passenger-related deaths and injuries

resulting from an unsafe condition in a facility, equipment,

or way of operating a facility or equipment at least partly

financed under this chapter;

(4) a summary of all employee-related deaths and injuries

resulting from an unsafe condition in a facility, equipment,

or way of operating a facility or equipment at least partly

financed under this chapter;
H. R. 1758—87

(5) a summary of action of the Secretary to correct or

eliminate the unsafe condition to which the deaths and injuries

referred to in clauses (3) and (4) of this subsection were attributed;

(6) a summary of actions of the Secretary to alert mass

transportation operators of the nature of the unsafe condition

found to create a serious hazard of death or injury; and

(7) recommendations of the Secretary to Congress of any

legislative or administrative actions necessary to ensure that

all recipients of amounts under this chapter will undertake

the best way available to correct or eliminate hazards of death

or injury, including—

(A) a timetable for undertaking actions;

(B) an estimate of the capital and operating cost to

take the actions; and

(C) minimum standards for establishing and carrying

out safety plans by recipients of amounts under this

chapter.

§ 5330. Withholding amounts for noncompliance with safety

requirements

(a) APPLICATION.—This section applies only to States that have

rail fixed guideway mass transportation systems not subject to

regulation by the Federal Railroad Administration.

(b) GENERAL AUTHORITY.—The Secretary of Transportation may

withhold not more than 5 percent of the amount required to be

appropriated for use in a State or urbanized area in the State

under section 5307 of this title for a fiscal year beginning after

September 30, 1994, if the State in the prior fiscal year has not

met the requirements of subsection (c) of this section and the

Secretary decides the State is not making an adequate effort to

comply with subsection (c).

(c) STATE REQUIREMENTS.—A State meets the requirements

of this section if the State—

(1) establishes and is carrying out a safety program plan

for each fixed guideway mass transportation system in the

State that establishes at least safety requirements, lines of

authority, levels of responsibility and accountability, and methods of documentation for the system; and

(2) designates a State authority as having responsibility—

(A) to require, review, approve, and monitor the carrying out of each plan;

(B) to investigate hazardous conditions and accidents

on the systems; and

(C) to require corrective action to correct or eliminate

those conditions.

(d) MULTISTATE INVOLVEMENT.—When more than one State

is subject to this section in connection with a single mass transportation authority, the affected States may designate an entity (except

the mass transportation authority) to ensure uniform safety standards and enforcement and to meet the requirements of subsection

(c) of this section.

(e) AVAILABILITY OF WITHHELD AMOUNTS.—(1) An amount withheld under subsection (b) of this section remains available for

apportionment for use in the State until the end of the 2d fiscal

year after the fiscal year for which the amount may be appropriated.
H. R. 1758—88

(2) If a State meets the requirements of subsection (c) of this

section before the last day of the period for which an amount

withheld under subsection (b) of this section remains available

under paragraph (1) of this subsection, the Secretary, on the first

day on which the State meets the requirements, shall apportion

to the State the amount withheld that remains available for apportionment for use in the State. An amount apportioned under this

paragraph remains available until the end of the 3d fiscal year

after the fiscal year in which the amount is apportioned. An amount

not obligated at the end of the 3-year period shall be apportioned

for use in other States under section 5336 of this title.

(3) If a State does not meet the requirements of subsection

(c) of this section at the end of the period for which an amount

withheld under subsection (b) of this section remains available

under paragraph (1) of this subsection, the amount shall be apportioned for use in other States under section 5336 of this title.

(f) REGULATIONS.—Not later than December 18, 1992, the Secretary shall prescribe regulations stating the requirements for

complying with subsection (c) of this section.

§ 5331. Alcohol and controlled substances testing

(a) DEFINITIONS.—In this section—

(1) ‘‘controlled substance’’ means any substance under section 102 of the Comprehensive Drug Abuse Prevention and

Control Act of 1970 (21 U.S.C. 802) whose use the Secretary

of Transportation decides has a risk to transportation safety.

(2) ‘‘person’’ includes any entity organized or existing under

the laws of the United States, a State, territory, or possession

of the United States, or a foreign country.

(3) ‘‘mass transportation’’ means any form of mass transportation, except a form the Secretary decides is covered adequately, for employee alcohol and controlled substances testing

purposes, under subchapter III of chapter 201 or section 31306

of this title.

(b) TESTING PROGRAM FOR MASS TRANSPORTATION EMPLOYEES.—(1)(A) In the interest of mass transportation safety, the Secretary of Transportation shall prescribe regulations not later than

October 28, 1992, that establish a program requiring mass transportation operations that receive financial assistance under section

5307, 5309, or 5311 of this title or section 103(e)(4) of title 23

to conduct preemployment, reasonable suspicion, random, and postaccident testing of mass transportation employees responsible for

safety-sensitive functions (as decided by the Secretary) for the use

of alcohol or a controlled substance in violation of law or a United

States Government regulation.

(B) When the Secretary of Transportation considers it appropriate in the interest of safety, the Secretary may prescribe regulations for conducting periodic recurring testing of mass transportation employees responsible for safety-sensitive functions (as

decided by the Secretary) for the use of alcohol or a controlled

substance in violation of law or a Government regulation.

(2) In prescribing regulations under this subsection, the Secretary of Transportation—

(A) shall require that post-accident testing of such a mass

transportation employee be conducted when loss of human life

occurs in an accident involving mass transportation; and
H. R. 1758—89

(B) may require that post-accident testing of such a mass

transportation employee be conducted when bodily injury or

significant property damage occurs in any other serious accident

involving mass transportation.

(c) DISQUALIFICATIONS FOR USE.—(1) When the Secretary of

Transportation considers it appropriate, the Secretary shall require

disqualification for an established period of time or dismissal of

any employee referred to in subsection (b)(1) of this section who

is found—

(A) to have used or been impaired by alcohol when on

duty; or

(B) to have used a controlled substance, whether or not

on duty, except as allowed for medical purposes by law or

regulation.

(2) This section does not supersede any penalty applicable

to a mass transportation employee under another law.

(d) TESTING AND LABORATORY REQUIREMENTS.—In carrying out

subsection (b) of this section, the Secretary of Transportation shall

develop requirements that shall—

(1) promote, to the maximum extent practicable, individual

privacy in the collection of specimens;

(2) for laboratories and testing procedures for controlled

substances, incorporate the Department of Health and Human

Services scientific and technical guidelines dated April 11, 1988,

and any amendments to those guidelines, including mandatory

guidelines establishing—

(A) comprehensive standards for every aspect of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this section, including

standards requiring the use of the best available technology

to ensure the complete reliability and accuracy of controlled

substances tests and strict procedures governing the chain

of custody of specimens collected for controlled substances

testing; (B) the minimum list of controlled substances for which

individuals may be tested; and (C) appropriate standards and procedures for periodic

review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled

substances testing in carrying out this section;

(3) require that a laboratory involved in controlled substances testing under this section have the capability and facility, at the laboratory, of performing screening and confirmation

tests;

(4) provide that all tests indicating the use of alcohol or

a controlled substance in violation of law or a Government

regulation be confirmed by a scientifically recognized method

of testing capable of providing quantitative information about

alcohol or a controlled substance;

(5) provide that each specimen be subdivided, secured,

and labeled in the presence of the tested individual and that

a part of the specimen be retained in a secure manner to

prevent the possibility of tampering, so that if the individual’s

confirmation test results are positive the individual has an

opportunity to have the retained part tested by a 2d confirmation test done independently at another certified laboratory

if the individual requests the 2d confirmation test not later
H. R. 1758—90

than 3 days after being advised of the results of the first

confirmation test;

(6) ensure appropriate safeguards for testing to detect and

quantify alcohol in breath and body fluid samples, including

urine and blood, through the development of regulations that

may be necessary and in consultation with the Secretary of

Health and Human Services;

(7) provide for the confidentiality of test results and medical

information (except information about alcohol or a controlled

substance) of employees, except that this clause does not prevent the use of test results for the orderly imposition of appropriate sanctions under this section; and

(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee

is harassed by being treated differently from other employees

in similar circumstances.

(e) REHABILITATION.—The Secretary of Transportation shall

prescribe regulations establishing requirements for rehabilitation

programs that provide for the identification and opportunity for

treatment of any mass transportation employee referred to in subsection (b)(1) of this section who is found to have used alcohol

or a controlled substance in violation of law or a Government

regulation. The Secretary shall decide on the circumstances under

which employees shall be required to participate in a program.

This subsection does not prevent a mass transportation operation

from establishing a program under this section in cooperation with

another mass transportation operation.

(f) RELATIONSHIP TO OTHER LAWS, REGULATIONS, STANDARDS, AND ORDERS.—(1) A State or local government may not prescribe,

issue, or continue in effect a law, regulation, standard, or order

that is inconsistent with regulations prescribed under this section.

However, a regulation prescribed under this section does not preempt a State criminal law that imposes sanctions for reckless

conduct leading to loss of life, injury, or damage to property. (2) In prescribing regulations under this section, the Secretary

of Transportation—

(A) shall establish only requirements that are consistent

with international obligations of the United States; and (B) shall consider applicable laws and regulations of foreign

countries.

(3) This section does not prevent the Secretary of Transportation from continuing in effect, amending, or further supplementing

a regulation prescribed before October 28, 1991, governing the

use of alcohol or a controlled substance by mass transportation

employees.

(g) INELIGIBILITY FOR ASSISTANCE.—A person is not eligible

for financial assistance under section 5307, 5309, or 5311 of this

title or section 103(e)(4) of title 23 if the person is required, under

regulations the Secretary of Transportation prescribes under this

section, to establish a program of alcohol and controlled substances

testing and does not establish the program.

§ 5332. Nondiscrimination

(a) DEFINITION.—In this section, ‘‘person’’ includes a governmental authority, political subdivision, authority, legal representative, trust, unincorporated organization, trustee, trustee in bankruptcy, and receiver.
H. R. 1758—91

(b) PROHIBITIONS.—A person may not be excluded from participating in, denied a benefit of, or discriminated against under,

a project, program, or activity receiving financial assistance under

this chapter because of race, color, creed, national origin, sex, or

age.

(c) COMPLIANCE.—(1) The Secretary of Transportation shall take

affirmative action to ensure compliance with subsection (b) of this

section.

(2) When the Secretary decides that a person receiving financial

assistance under this chapter is not complying with subsection

(b) of this section, a civil rights law of the United States, or

a regulation or order under that law, the Secretary shall notify

the person of the decision and require action be taken to ensure

compliance with subsection (b).

(d) AUTHORITY OF SECRETARY FOR NONCOMPLIANCE.—If a person does not comply with subsection (b) of this section within

a reasonable time after receiving notice, the Secretary shall—

(1) direct that no further financial assistance of the United

States Government under this chapter be provided to the person;

(2) refer the matter to the Attorney General with a recommendation that a civil action be brought;

(3) proceed under title VI of the Civil Rights Act of 1964

(42 U.S.C. 2000d et seq.); and

(4) take any other action provided by law.

(e) CIVIL ACTIONS BY ATTORNEY GENERAL.—The Attorney General may bring a civil action for appropriate relief when—

(1) a matter is referred to the Attorney General under subsection (d)(2) of this section; or

(2) the Attorney General believes a person is engaged in

a pattern or practice in violation of this section.

(f) APPLICATION AND RELATIONSHIP TO OTHER LAWS.—This section applies to an employment or business opportunity and is in

addition to title VI of the Civil Rights Act of 1964 (42 U.S.C.

2000d et seq.).

§ 5333. Labor standards

(a) PREVAILING WAGES REQUIREMENT.—The Secretary of

Transportation shall ensure that laborers and mechanics employed

by contractors and subcontractors in construction work financed

with a grant or loan under this chapter be paid wages not less

than those prevailing on similar construction in the locality, as

determined by the Secretary of Labor under the Act of March

3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–

5). The Secretary of Transportation may approve a grant or loan

only after being assured that required labor standards will be

maintained on the construction work. For a labor standard under

this subsection, the Secretary of Labor has the same duties and

powers stated in Reorganization Plan No. 14 of 1950 (eff. May

24, 1950, 64 Stat. 1267) and section 2 of the Act of June 13,

1934 (40 U.S.C. 276c).

(b) EMPLOYEE PROTECTIVE ARRANGEMENTS.—(1) As a condition

of financial assistance under sections 5307–5312, 5318(d),

5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(j)(5) of this title,

the interests of employees affected by the assistance shall be protected under arrangements the Secretary of Labor concludes are

fair and equitable. The agreement granting the assistance under
H. R. 1758—92

sections 5307–5312, 5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337,

and 5338(j)(5) shall specify the arrangements.

(2) Arrangements under this subsection shall include provisions

that may be necessary for—

(A) the preservation of rights, privileges, and benefits

(including continuation of pension rights and benefits) under

existing collective bargaining agreements or otherwise;

(B) the continuation of collective bargaining rights;

(C) the protection of individual employees against a worsening of their positions related to employment;

(D) assurances of employment to employees of acquired

mass transportation systems;

(E) assurances of priority of reemployment of employees

whose employment is ended or who are laid off; and

(F) paid training or retraining programs.

(3) Arrangements under this subsection shall provide benefits

at least equal to benefits established under section 11347 of this

title.

§ 5334. Administrative

(a) GENERAL AUTHORITY.—In carrying out this chapter, the

Secretary of Transportation may—

(1) prescribe terms for a project under sections 5307 and

5309–5311 of this title (except terms the Secretary of Labor

prescribes under section 5333(b) of this title);

(2) sue and be sued;

(3) foreclose on property or bring a civil action to protect

or enforce a right conferred on the Secretary of Transportation

by law or agreement; (4) buy property related to a loan under this chapter;

(5) agree to pay an annual amount in place of a State

or local tax on real property acquired or owned under this

chapter;

(6) sell, exchange, or lease property, a security, or an obligation;

(7) obtain loss insurance for property and assets the Secretary of Transportation holds; (8) consent to a modification in an agreement under this

chapter; and

(9) include in an agreement or instrument under this chapter a covenant or term the Secretary of Transportation considers

necessary to carry out this chapter.

(b) PROCEDURES FOR PRESCRIBING REGULATIONS.—(1) The Secretary of Transportation shall prepare an agenda listing all areas

in which the Secretary intends to propose regulations governing

activities under this chapter within the following 12 months. The

Secretary shall publish the proposed agenda in the Federal Register

as part of the Secretary’s semiannual regulatory agenda that lists

regulatory activities of the Federal Transit Administration. The

Secretary shall submit the agenda to the Committees on Public

Works and Transportation and Appropriations of the House of

Representatives and the Committees on Banking, Housing, and

Urban Affairs and Appropriations of the Senate on the day the

agenda is published.

(2) Except for emergency regulations, the Secretary of Transportation shall give interested parties at least 60 days to participate

in a regulatory proceeding under this chapter by submitting written
H. R. 1758—93

information, views, or arguments, with or without an oral presentation, except when the Secretary for good cause finds that public

notice and comment are unnecessary because of the routine nature

or insignificant impact of the regulation or that an emergency

regulation should be issued. The Secretary may extend the 60-

day period if the Secretary decides the period is insufficient to

allow diligent individuals to prepare comments or that other circumstances justify an extension.

(3) An emergency regulation ends 120 days after it is issued.

(4) The Secretary of Transportation shall comply with this

section (except subsections (h) and (i)) and sections 5323(a)(2), (c)

and (e), 5324(c), and 5325 of this title when proposing or carrying

out a regulation governing an activity under this chapter, except

for a routine matter or a matter with no significant impact.

(c) BUDGET PROGRAM AND SET OF ACCOUNTS.—The Secretary

of Transportation shall—

(1) submit each year a budget program as provided in

section 9103 of title 31; and

(2) maintain a set of accounts the Comptroller General

shall audit under chapter 35 of title 31.

(d) DEPOSITORY AND AVAILABILITY OF AMOUNTS.—The Secretary

of Transportation shall deposit amounts made available to the

Secretary under this chapter in a checking account in the Treasury.

Receipts, assets, and amounts obtained or held by the Secretary

to carry out this chapter are available for administrative expenses

to carry out this chapter.

(e) BINDING EFFECT OF FINANCIAL TRANSACTION.—A financial

transaction of the Secretary of Transportation under this chapter

and a related voucher are binding on all officers and employees

of the United States Government.

(f) DEALING WITH ACQUIRED PROPERTY.—Notwithstanding

another law related to the Government acquiring, using, or disposing of real property, the Secretary of Transportation may deal

with property acquired under subsection (a)(3) or (4) of this section

in any way. However, this subsection does not—

(1) deprive a State or political subdivision of a State of

jurisdiction of the property; or

(2) impair the civil rights, under the laws of a State or

political subdivision of a State, of an inhabitant of the property.

(g) TRANSFER OF ASSETS NO LONGER NEEDED.—(1) If a recipient

of assistance under this chapter decides an asset acquired under

this chapter at least in part with that assistance is no longer

needed for the purpose for which it was acquired, the Secretary

of Transportation may authorize the recipient to transfer the asset

to a local governmental authority to be used for a public purpose

with no further obligation to the Government. The Secretary may

authorize a transfer for a public purpose other than mass transportation only if the Secretary decides—

(A) the asset will remain in public use for at least 5

years after the date the asset is transferred;

(B) there is no purpose eligible for assistance under this

chapter for which the asset should be used;

(C) the overall benefit of allowing the transfer is greater

than the interest of the Government in liquidation and return

of the financial interest of the Government in the asset, after

considering fair market value and other factors; and
H. R. 1758—94

(D) through an appropriate screening or survey process,

that there is no interest in acquiring the asset for Government

use if the asset is a facility or land.

(2) A decision under paragraph (1) of this section must be

in writing and include the reason for the decision.

(3) This subsection is in addition to another law related to

using and disposing of a facility or equipment under an assistance

agreement.

(h) TRANSFER OF AMOUNTS AND NON-GOVERNMENT SHARE.—

(1) Amounts made available for a mass transportation project under

title 23 shall be transferred to and administered by the Secretary

of Transportation under this chapter. Amounts made available for

a highway project under this chapter shall be transferred to and

administered by the Secretary under title 23.

(2) The provisions of title 23 related to the non-Government

share apply to amounts under title 23 used for mass transportation

projects. The provisions of this chapter related to the non-Government share apply to amounts under this chapter used for highway

projects.

(i) AUTHORITY OF SECRETARY OF HOUSING AND URBAN DEVELOPMENT.—The Secretary of Housing and Urban Development shall—

(1) carry out section 5312(a) and (b)(1) of this title related

to—

(A) urban transportation systems and planned development of urban areas; and

(B) the role of transportation planning in overall urban

planning; and

(2) advise and assist the Secretary of Transportation in

making findings under section 5323(a)(1)(A) of this title.

(j) RELATIONSHIP TO OTHER LAWS.—(1) Section 9107(a) of title

31 applies to the Secretary of Transportation under this chapter.

(2) Section 3709 of the Revised Statutes (41 U.S.C. 5) applies

to a contract for more than $1,000 for services or supplies related

to property acquired under this chapter.

§ 5335. Reports and audits

(a) REPORTING SYSTEM AND UNIFORM SYSTEM OF ACCOUNTS

AND RECORDS.—(1) To help meet the needs of individual mass

transportation systems, the United States Government, State and

local governments, and the public for information on which to

base mass transportation service planning, the Secretary of

Transportation shall maintain a reporting system, by uniform categories, to accumulate mass transportation financial and operating

information and a uniform system of accounts and records. The

reporting and uniform systems shall contain appropriate information to help any level of government make a public sector investment

decision. The Secretary may request and receive appropriate

information from any source.

(2) The Secretary may make a grant under section 5307 of

this title only if the applicant, and any person that will receive

benefits directly from the grant, are subject to the reporting and

uniform systems.

(b) QUARTERLY REPORTS.—Not later than 30 days after the

last day of each calendar quarter, the Secretary shall submit to

the Committees on Public Works and Transportation and Appropriations of the House of Representatives and the Committees on Bank-
H. R. 1758—95

ing, Housing, and Urban Affairs and Appropriations of the Senate

a report on—

(1) obligations by State, designated recipient, and applicant

made under this chapter during the quarter;

(2) the balance of unobligated apportionments under this

chapter on the last day of the quarter;

(3) the balance of unobligated amounts under this chapter

on the last day of the quarter that the Secretary may expend;

(4) letters of intent issued during the quarter;

(5) letters of intent outstanding on the last day of the

quarter; and

(6) grant contracts executed and reimbursement authority

established for amounts obligated for each State, designated

recipient, and applicant.

(c) BIENNIAL NEEDS REPORT.—In January 1993 and in January

of every 2d year after 1993, the Comptroller General shall submit

to the Committee on Public Works and Transportation of the House

of Representatives and the Committee on Banking, Housing, and

Urban Affairs of the Senate a report containing an evaluation

of the extent to which current mass transportation needs are

addressed adequately and an estimate of the future mass transportation needs of the United States, including mass transportation

needs in rural areas (particularly access to health care facilities).

The report shall include—

(1) an assessment of needs related to rail modernization,

guideway modernization, replacing, rehabilitating, and buying

buses and related equipment, constructing bus related facilities,

and constructing new fixed guideway systems and extensions

to existing fixed guideway systems;

(2) a 5-year projection of maintenance and modernization

needs resulting from aging of existing equipment and facilities,

including the need to overhaul or replace existing bus fleets

and rolling stock used on fixed guideway systems;

(3) a 5-year projection of the need to invest in the expansion

of existing mass transportation systems to meet changing economic, commuter, and residential patterns;

(4) an estimate of the level of expenditure needed to satisfy

the needs identified in clauses (1)–(3) of this paragraph;

(5) an examination of existing Government, State, local,

and private resources that are or reasonably can be expected

to be made available to support public mass transportation;

and

(6) the gap between the level of expenditure estimated

under clause (4) of this paragraph and the level of resources

identified under clause (5) of this paragraph that are available

to meet the needs.

(d) BIENNIAL TRANSFERABILITY REPORT.—In January 1993 and

in January of every 2d year after 1993, the Comptroller General

shall submit to the Committee on Public Works and Transportation

of the House of Representatives and the Committee on Banking,

Housing, and Urban Affairs of the Senate a report on carrying

out section 5307(b)(5) of this title. The report shall—

(1) identify, by State, the amount of mass transportation

money transferred for non-mass transportation purposes under

section 5307(b)(5) of this title during the prior fiscal year;
H. R. 1758—96

(2) include an assessment of the impact of the transfers

on the mass transportation needs of individuals and communities in the State, including the impact on—

(A) the State’s ability to meet the mass transportation

needs of elderly individuals and individuals with disabilities;

(B) efforts to meet the objectives of the Clean Air

Act (42 U.S.C. 7401 et seq.) and the Americans With

Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and

(C) the State’s efforts to extend public mass transportation services to unserved rural areas; and

(3) examine the relative levels of Government mass

transportation assistance and services in urban and rural areas

in the fiscal year that ended September 30, 1991, and the

extent to which the assistance and service has changed in

later fiscal years because of mass transportation resources made

available under this chapter and the Intermodal Surface

Transportation Efficiency Act of 1991 (Public Law 102–240,

105 Stat. 1914).

§ 5336. Apportionment of appropriations for block grants

(a) BASED ON URBANIZED AREA POPULATION.—Of the amount

made available or appropriated under section 5338(f) of this title—

(1) 9.32 percent shall be apportioned each fiscal year only

in urbanized areas with a population of less than 200,000

so that each of those areas is entitled to receive an amount

equal to—

(A) 50 percent of the total amount apportioned multiplied by a ratio equal to the population of the area divided

by the total population of all urbanized areas with populations of less than 200,000 as shown in the latest United

States Government census; and

(B) 50 percent of the total amount apportioned multiplied by a ratio for the area based on population weighted

by a factor, established by the Secretary of Transportation,

of the number of inhabitants in each square mile; and

(2) 90.68 percent shall be apportioned each fiscal year

only in urbanized areas with populations of at least 200,000

as provided in subsections (b) and (c) of this section.

(b) BASED ON FIXED GUIDEWAY REVENUE VEHICLE-MILES,

ROUTE-MILES, AND PASSENGER-MILES.—(1) In this subsection, ‘‘fixed

guideway revenue vehicle-miles’’ and ‘‘fixed guideway route-miles’’

include ferry boat operations directly or under contract by the

designated recipient.

(2) Of the amount apportioned under subsection (a)(2) of this

section, 33.29 percent shall be apportioned as follows:

(A) 95.61 percent of the total amount apportioned under

this subsection shall be apportioned so that each urbanized

area with a population of at least 200,000 is entitled to receive

an amount equal to—

(i) 60 percent of the 95.61 percent apportioned under

this subparagraph multiplied by a ratio equal to the number of fixed guideway revenue vehicle-miles attributable

to the area, as established by the Secretary of Transportation, divided by the total number of all fixed guideway

revenue vehicle-miles attributable to all areas; and
H. R. 1758—97

(ii) 40 percent of the 95.61 percent apportioned under

this subparagraph multiplied by a ratio equal to the number of fixed guideway route-miles attributable to the area,

established by the Secretary, divided by the total number

of all fixed guideway route-miles attributable to all areas.

(B) 4.39 percent of the total amount apportioned under

this subsection shall be apportioned so that each urbanized

area with a population of at least 200,000 is entitled to receive

an amount equal to—

(i) the number of fixed guideway vehicle passengermiles traveled multiplied by the number of fixed guideway

vehicle passenger-miles traveled for each dollar of operating

cost in an area; divided by

(ii) the total number of fixed guideway vehicle passenger-miles traveled multiplied by the total number of

fixed guideway vehicle passenger-miles traveled for each

dollar of operating cost in all areas.

(C) An urbanized area with a population of at least 750,000

in which commuter rail transportation is provided shall receive

at least .75 percent of the total amount apportioned under

this subsection.

(D) Under subparagraph (A) of this paragraph, fixed guideway revenue vehicle- or route-miles, and passengers served

on those miles, in an urbanized area with a population of

less than 200,000, where the miles and passengers served otherwise would be attributable to an urbanized area with a population of at least 1,000,000 in an adjacent State, are attributable

to the governmental authority in the State in which the urbanized area with a population of less than 200,000 is located.

The authority is deemed an urbanized area with a population

of at least 200,000 if the authority makes a contract for the

service.

(E) A recipient’s apportionment under subparagraph (A)(i)

of this paragraph may not be reduced if the recipient, after

satisfying the Secretary of Transportation that energy or

operating efficiencies would be achieved, reduces revenue

vehicle-miles but provides the same frequency of revenue service to the same number of riders.

(c) BASED ON BUS REVENUE VEHICLE-MILES AND PASSENGER- MILES.—Of the amount apportioned under subsection (a)(2) of this

section, 66.71 percent shall be apportioned as follows:

(1) 90.8 percent of the total amount apportioned under

this subsection shall be apportioned as follows:

(A) 73.39 percent of the 90.8 percent apportioned under

this paragraph shall be apportioned so that each urbanized

area with a population of at least 1,000,000 is entitled

to receive an amount equal to—

(i) 50 percent of the 73.39 percent apportioned

under this subparagraph multiplied by a ratio equal

to the total bus revenue vehicle-miles operated in or

directly serving the urbanized area divided by the total

bus revenue vehicle-miles attributable to all areas;

(ii) 25 percent of the 73.39 percent apportioned

under this subparagraph multiplied by a ratio equal

to the population of the area divided by the total population of all areas, as shown by the latest Government

census; and
H. R. 1758—98

(iii) 25 percent of the 73.39 percent apportioned

under this subparagraph multiplied by a ratio for the

area based on population weighted by a factor, established by the Secretary of Transportation, of the number of inhabitants in each square mile.

(B) 26.61 percent of the 90.8 percent apportioned under

this paragraph shall be apportioned so that each urbanized

area with a population of at least 200,000 but not more

than 999,999 is entitled to receive an amount equal to—

(i) 50 percent of the 26.61 percent apportioned

under this subparagraph multiplied by a ratio equal

to the total bus revenue vehicle-miles operated in or

directly serving the urbanized area divided by the total

bus revenue vehicle-miles attributable to all areas;

(ii) 25 percent of the 26.61 percent apportioned

under this subparagraph multiplied by a ratio equal

to the population of the area divided by the total population of all areas, as shown by the latest Government

census; and

(iii) 25 percent of the 26.61 percent apportioned

under this subparagraph multiplied by a ratio for the

area based on population weighted by a factor, established by the Secretary of Transportation, of the number of inhabitants in each square mile.

(2) 9.2 percent of the total amount apportioned under this

subsection shall be apportioned so that each urbanized area

with a population of at least 200,000 is entitled to receive

an amount equal to—

(A) the number of bus passenger-miles traveled multiplied by the number of bus passenger-miles traveled for

each dollar of operating cost in an area; divided by (B) the total number of bus passenger-miles traveled

multiplied by the total number of bus passenger-miles traveled for each dollar of operating cost in all areas. (d) OPERATING ASSISTANCE.—(1) The total amount apportioned

under this section that may be used for operating assistance may

not be more than—

(A) 80 percent of the total amount apportioned in the

fiscal year ending September 30, 1982, under section 5(a)(1)(A),

(2)(A), and (3)(A) of the Urban Mass Transportation Act of

1964 to urbanized areas with populations of at least 1,000,000;

(B) 90 percent of the total amount apportioned in that

year under section 5(a)(1)(A), (2)(A), and (3)(A) to urbanized

areas with populations of at least 200,000 but not more than

999,999;

(C) 95 percent of the total amount apportioned in that

year under section 5(a)(1)(A), (2)(A), and (3)(A) to urbanized

areas with populations of less than 200,000; or

(D) two-thirds of the total amount apportioned under this

section during the first complete year an urbanized area

received amounts under this section if the area first became

an urbanized area under the 1980 Government census or later.

(2) Amounts apportioned under paragraph (1) of this subsection

shall be increased on October 1 of each year by an amount equal

to the amount applicable to each urbanized area under paragraph

(1) (except increases under this paragraph), multiplied by the

percentage increase in the Consumer Price Index for all-urban
H. R. 1758—99

consumers published by the Secretary of Labor during the most

recent calendar year. However, the increase may not be more than

the percentage increase of amounts made available under section

5338(f) of this title in the current fiscal year and amounts made

available under section 5338(f) in the prior fiscal year.

(e) DATE OF APPORTIONMENT.—The Secretary of Transportation

shall—

(1) apportion amounts appropriated under section 5338(f)

of this title to carry out section 5307 of this title not later

than the 10th day after the date the amounts are appropriated

or October 1 of the fiscal year for which the amounts are

appropriated, whichever is later; and

(2) publish apportionments of the amounts, including

amounts attributable to each urbanized area with a population

of more than 50,000 and amounts attributable to each State

of a multistate urbanized area, on the apportionment date.

(f) AMOUNTS NOT APPORTIONED TO DESIGNATED RECIPIENTS.—

The chief executive officer of a State may expend in an urbanized

area with a population of less than 200,000 an amount apportioned

under this section that is not apportioned to a designated recipient

as defined in section 5307(a) of this title.

(g) TRANSFERS OF APPORTIONMENTS.—(1) The chief executive

officer of a State may transfer any part of the State’s apportionment

under subsection (a)(1) of this section to supplement amounts apportioned to the State under section 5311(c) of this title or amounts

apportioned to urbanized areas under this subsection. The chief

executive officer may make a transfer only after consulting with

responsible local officials and publicly owned operators of mass

transportation in each area for which the amount originally was

apportioned under this section.

(2) The chief executive officer of a State may transfer any part of the State’s apportionment under section 5311(c) of this

title to supplement amounts apportioned to the State under subsection (a)(1) of this section.

(3) The chief executive officer of a State may use throughout

the State amounts of a State’s apportionment remaining available

for obligation at the beginning of the 90-day period before the

period of the availability of the amounts expires. (4) A designated recipient for an urbanized area with a population of at least 200,000 may transfer a part of its apportionment

under this section to the chief executive officer of a State. The

chief executive officer shall distribute the transferred amounts to

urbanized areas under this section.

(5) Capital and operating assistance limitations applicable to

the original apportionment apply to amounts transferred under

this subsection.

(h) CHANGES OF APPORTIONMENTS.—If sufficient amounts are

available, the Secretary of Transportation shall change apportionments under this section between the Mass Transit Account of

the Highway Trust Fund and the general fund to ensure that

each recipient receives from the general fund at least as much

operating assistance made available each fiscal year under this

section as the recipient is eligible to receive.

(i) PERIOD OF AVAILABILITY TO RECIPIENTS.—An amount apportioned under this section may be obligated by the recipient for

3 years after the fiscal year in which the amount is apportioned.

Not later than 30 days after the end of the 3-year period, an
H. R. 1758—100

amount that is not obligated at the end of that period shall be

added to the amount that may be apportioned under this section

in the next fiscal year.

(j) APPLICATION OF OTHER SECTIONS.—Sections 5302, 5318,

5323(a)(1), (d), and (f), 5332, and 5333 of this title apply to this

section and to a grant made under this section. Except as provided

in this section, no other provision of this chapter applies to this

section or to a grant made under this section.

(k) CERTAIN URBANIZED AREAS GRANDFATHERED.—An area designated an urbanized area under the 1980 census and not designated an urbanized area under the 1990 census for the fiscal

year ending September 30, 1993, is eligible to receive—

(1) 50 percent of the amount the area would have received

if the area had been an urbanized area as defined by section

5302(a)(13) of this title; and

(2) an amount equal to 50 percent of the amount that

the State in which the area is located would have received

if the area had been an area other than an urbanized area.

§ 5337. Apportionment of appropriations for fixed guideway

modernization

(a) PERCENTAGE DISTRIBUTION.—The Secretary of Transportation shall apportion amounts made available for fixed guideway

modernization under section 5309 of this title for each of the fiscal

years ending September 30, 1993–1997, as follows:

(1) The first $455,000,000 shall be apportioned in the following urbanized areas as follows:

(A) Baltimore, 1.84 percent.

(B) Boston, 8.56 percent.

(C) Chicago/Northwestern Indiana, 17.18 percent.

(D) Cleveland, 2.09 percent.

(E) New York, 35.57 percent.

(F) Northeastern New Jersey, 9.04 percent.

(G) Philadelphia/Southern New Jersey, 12.41 percent.

(H) San Francisco, 7.21 percent.

(I) Southwestern Connecticut, 6.10 percent.

(2) The next $42,700,000 shall be apportioned in the following urbanized areas as follows: (A) New York, 33.2341 percent.

(B) Northeastern New Jersey, 22.1842 percent.

(C) Philadelphia/Southern New Jersey, 5.7594 percent.

(D) San Francisco, 2.7730 percent.

(E) Pittsburgh, 31.9964 percent.

(F) New Orleans, 4.0529 percent.

(3) The next $70,000,000 shall be apportioned as follows:

(A) 50 percent in the urbanized areas listed in paragraphs (1) and (2) as provided in section 5336(b)(2)(A)

of this title.

(B) 50 percent in other urbanized areas eligible for

assistance under section 5336(b)(2)(A) of this title if the

areas contain fixed guideway systems placed in revenue

service at least 7 years before the fiscal year in which

amounts are made available and in any other urbanized

area if, before the first day of the fiscal year, the area

satisfies the Secretary that the area has modernization

needs that cannot be met adequately with amounts received

as provided in section 5336(b)(2)(A).
H. R. 1758—101

(4) Remaining amounts shall be apportioned in each urbanized area eligible for assistance under paragraphs (1)–(3) of

this subsection as provided in section 5336(B)(2)(A).

(b) TOTAL AMOUNTS NOT AVAILABLE.—In a fiscal year in which

the total amounts authorized under subsection (a)(1) and (2) of

this section are not available, the Secretary shall reduce on a

proportionate basis the apportionments of all urbanized areas

eligible under subsection (a)(1) or (2) to adjust for the amount

not available.

(c) NEW JERSEY TRANSIT CORPORATION.—Rail modernization

amounts allocated to the New Jersey Transit Corporation under

this section may be spent in any urbanized area in which the

New Jersey Transit Corporation operates rail transportation,

regardless of which urbanized area generates the financing.

(d) AVAILABILITY OF AMOUNTS.—An amount apportioned under

this section—

(1) remains available for 3 years after the fiscal year in

which the amount is apportioned; and

(2) that is unobligated at the end of the 3-year period

shall be reapportioned for the next fiscal year among urbanized

areas eligible under subsection (a)(1)–(3) of this section using

the apportionment formula of this section.

§ 5338. Authorizations

(a) FOR SECTIONS 5303–5306, 5308, 5310, 5311, 5313, 5314,

5317, 5320, 5327, AND 5334(a) and (c) AND SECTION 103(e)(4) OF

TITLE 23.—(1) Not more than the following amounts are available

from the Mass Transit Account of the Highway Trust Fund for

the Secretary of Transportation to carry out sections 5303–5306,

5308, 5310, 5311, 5313, 5314, 5317, 5320, 5327, and 5334(a) and

(c) of this title:

(A) $1,150,000,000 for the fiscal year ending September

30, 1993.

(B) $1,190,000,000 for the fiscal year ending September

30, 1994.

(C) $1,150,000,000 for the fiscal year ending September

30, 1995.

(D) $1,110,000,000 for the fiscal year ending September

30, 1996.

(E) $1,920,000,000 for the fiscal year ending September

30, 1997.

(2) In addition to amounts made available under paragraph (1) of this subsection, not more than the following amounts may

be appropriated to the Secretary to carry out sections 5303–5306,

5308, 5310, 5311, 5313, 5314, 5317, 5320, 5327, and 5334(a) and

(c) of this title and substitute transit projects under section 103(e)(4)

of title 23:

(A) $2,055,000,000 for the fiscal year ending September

30, 1993.

(B) $1,885,000,000 for the fiscal year ending September

30, 1994.

(C) $1,925,000,000 for the fiscal year ending September

30, 1995.

(D) $1,965,000,000 for the fiscal year ending September

30, 1996.

(E) $2,430,000,000 for the fiscal year ending September

30, 1997.
H. R. 1758—102

(b) SECTION 5309.—(1) Not more than the following amounts

are available from the Account for the Secretary to carry out section

5309 of this title:

(A) $1,725,000,000 for the fiscal year ending September

30, 1993.

(B) $1,785,000,000 for the fiscal year ending September

30, 1994.

(C) $1,725,000,000 for the fiscal year ending September

30, 1995.

(D) $1,665,000,000 for the fiscal year ending September

30, 1996.

(E) $2,880,000,000 for the fiscal year ending September

30, 1997.

(2) In addition to amounts made available under paragraph

(1) of this subsection, not more than the following amounts may

be appropriated to the Secretary to carry out section 5309 of this

title:

(A) $305,000,000 for the fiscal year ending September 30,

1993.

(B) $265,000,000 for the fiscal year ending September 30,

1994.

(C) $325,000,000 for the fiscal year ending September 30,

1995.

(D) $385,000,000 for the fiscal year ending September 30,

1996.

(E) $20,000,000 for the fiscal year ending September 30,

1997.

(c) SECTION 5315.—The Secretary shall make available in equal amounts from amounts provided under subsections (f) and (g) of

this section not more than $3,000,000 for each of the fiscal years

ending September 30, 1993–1997, to carry out section 5315 of

this title.

(d) SECTION 5316.—Not more than the following amounts may be appropriated to the Secretary from the Fund (except the Account)

for each of the fiscal years ending September 30, 1993–1997: (1) $250,000 to carry out section 5316(a) of this title.

(2) $3,000,000 to carry out section 5316(b) of this title.

(3) $1,000,000 to carry out section 5316(c) of this title.

(4) $1,000,000 to carry out section 5316(d) of this title.

(5) $1,000,000 to carry out section 5316(e) of this title. (e) SECTION 5317.—(1) Not more than $6,000,000 is available

from the Fund (except the Account) for the Secretary for each

of the fiscal years ending September 30, 1993–1997, to carry out

section 5317 of this title.

(2) Not more than the following amounts may be appropriated

to the Secretary from the Fund (except the Account) for making

grants under section 5317(b)(5)(B) of this title:

(A) $3,000,000 for the fiscal year ending September 30,

1993.

(B) $2,500,000 for the fiscal year ending September 30,

1994.

(f) SECTION 5307.—Amounts remaining available each fiscal

year under subsection (a)(1) of this section, after allocation under

subsections (g)–(i) and (j)(4) of this section, are available under

section 5307 of this title.

(g) PLANNING, PROGRAMMING, AND RESEARCH.—Before apportioning in each fiscal year amounts made available or appropriated
H. R. 1758—103

under subsection (a) of this section, an amount equal to 3 percent

of amounts made available or appropriated under subsections (a)

and (b) of this section is available as follows:

(1) 45 percent for metropolitan planning activities under

section 5303(g) of this title.

(2) 5 percent to carry out section 5308(b)(2) of this title.

(3) 20 percent to carry out State programs under section

5313 of this title.

(4) 30 percent to carry out the national program under

section 5314 of this title.

(h) OTHER SET-ASIDES.—Before apportioning in each fiscal year

amounts made available or appropriated under subsection (a) of

this section, of amounts made available or appropriated under

subsections (a) and (b) of this section—

(1) not more than .96 percent is available for administrative

expenses to carry out section 5334(a) and (c)–(f) of this title;

(2) not more than 1.34 percent is available for transportation services to elderly individuals and individuals with

disabilities under the formula under section 5310(a) of this

title; and

(3) $7,000,000 is available for section 5317 for each of

the fiscal years ending September 30, 1993–1997.

(i) COMPLETING INTERSTATE TRANSFER TRANSIT PROJECTS.—

Of the amounts remaining available each year under subsections

(a) and (b) of this section, after allocation under subsections (g)

and (h) of this section, not more than $164,843,000 for the fiscal

year ending September 30, 1993, is available for substitute transit

projects under section 103(e)(4) of title 23. (j) LIMITATIONS.—Of the amounts available—

(1) under subsection (a)(2) of this section, 3.5 percent is

available to finance programs and activities, including administrative costs, under section 5310 of this title;

(2) 1.5 percent of the amounts available to finance research,

development, and demonstration projects under section 5312(a)

of this title is available to increase the information and technology available to provide improved mass transportation service and facilities planned and designed to meet the special

needs of elderly individuals and individuals with disabilities; (3) not more than 12.5 percent is available for grants to any one State under section 5312(c)(2) of this title; (4) 5.5 percent of the amount remaining available each year under subsection (a)(1) of this section, after allocation

under subsections (g)–(i) of this section, is available under

the formula under section 5311 of this title; and

(5) under section 5309(m)(1)(C) of this title—

(A) $2,000,000 is available for the fiscal year ending

September 30, 1993;

(B) the lesser of $2,000,000 or an amount the Secretary

determines is necessary for each fiscal year is available

for each of the fiscal years ending September 30, 1994–

1996; and

(C) the lesser of $3,000,000 or an amount the Secretary

determines is necessary is available for the fiscal year

ending September 30, 1997.

(k) GRANTS AS CONTRACTUAL OBLIGATIONS.—(1) A grant or

contract approved by the Secretary, that is financed with amounts

made available under subsection (a)(1), (b)(1), (c), or (e) of this
H. R. 1758—104

section, is a contractual obligation of the United States Government

to pay the Government’s share of the cost of the project.

(2) A grant or contract, approved by the Secretary, that is

financed with amounts made available under subsection (a)(2) or

(b)(2) of this section, is a contractual obligation of the Government

to pay the Government’s share of the cost of the project only

to the extent amounts are provided in advance in an appropriations

law.

(l) EARLY APPROPRIATIONS AND AVAILABILITY OF AMOUNTS.—

(1) Amounts appropriated under subsection (a)(2) of this section

to carry out section 5311 of this title may be appropriated in

the fiscal year before the fiscal year in which the appropriation

is available for obligation.

(2) Amounts made available or appropriated under subsections

(a), (b), (g), (h)(1) and (2), and (j)(4) of this section remain available

until expended.

(3) An amount apportioned under section 5308 of this title—

(A) remains available for 3 years after the fiscal year

in which the amount is apportioned; and

(B) that is unobligated at the end of the 3-year period

shall be added to the amount available for apportionment for

the next fiscal year not later than 30 days after the end of

the 3-year period.

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.

5567. Preference for preserving buildings of historic or architectural significance.

5568. Authorization of appropriations.

SUBCHAPTER I—GENERAL

§ 5501. National Intermodal Transportation System policy

(a) GENERAL.—It is the policy of the United States Government

to develop a National Intermodal Transportation System that is

economically efficient and environmentally sound, provides the

foundation for the United States to compete in the global economy,

and will move individuals and property in an energy efficient way.

(b) SYSTEM CHARACTERISTICS.—(1) The National Intermodal

Transportation System shall consist of all forms of transportation

in a unified, interconnected manner, including the transportation

systems of the future, to reduce energy consumption and air pollution while promoting economic development and supporting the

United States’ preeminent position in international commerce.

(2) The National Intermodal Transportation System shall

include a National Highway System consisting of the Dwight D.
H. R. 1758—105

Eisenhower System of Interstate and Defense Highways and those

principal arterial roads that are essential for interstate and regional

commerce and travel, national defense, intermodal transfer facilities, and international commerce and border crossings.

(3) The National Intermodal Transportation System shall

include significant improvements in public transportation necessary

to achieve national goals for improved air quality, energy conservation, international competitiveness, and mobility for elderly individuals, individuals with disabilities, and economically disadvantaged

individuals in urban and rural areas of the United States.

(4) The National Intermodal Transportation System shall provide improved access to ports and airports, the Nation’s link to

commerce.

(5) The National Intermodal Transportation System shall give

special emphasis to the contributions of the transportation sectors

to increased productivity growth. Social benefits must be considered

with particular attention to the external benefits of reduced air

pollution, reduced traffic congestion, and other aspects of the quality

of life in the United States.

(6) The National Intermodal Transportation System must be

operated and maintained with insistent attention to the concepts

of innovation, competition, energy efficiency, productivity, growth,

and accountability. Practices that resulted in the lengthy and overly

costly construction of the Dwight D. Eisenhower System of Interstate and Defense Highways must be confronted and stopped.

(7) The National Intermodal Transportation System shall be

adapted to ‘‘intelligent vehicles’’, ‘‘magnetic levitation systems’’, and

other new technologies, wherever feasible and economical, with

benefit cost estimates given special emphasis on safety considerations and techniques for cost allocation.

(8) When appropriate, the National Intermodal Transportation

System will be financed, as regards Government apportionments

and reimbursements, by the Highway Trust Fund. Financial assistance will be provided to State and local governments and their

instrumentalities to help carry out national goals related to mobility

for elderly individuals, individuals with disabilities, and economically disadvantaged individuals. (9) The National Intermodal Transportation System must be

the centerpiece of a national investment commitment to create

the new wealth of the United States for the 21st century. (c) DISTRIBUTION AND POSTING.—The Secretary of Transpor- tation shall distribute copies of the policy in subsections (a) and

(b) of this section to each employee of the Department of Transportation and ensure that the policy is posted in all offices of the

Department.

§ 5502. Intermodal Transportation Advisory Board

(a) ORGANIZATION.—The Intermodal Transportation Advisory

Board is a board in the Office of the Secretary of Transportation.

(b) MEMBERSHIP.—The Board consists of the Secretary, who

serves as chairman, and the Administrator, or the Administrator’s

designee, of—

(1) the Federal Highway Administration;

(2) the Federal Aviation Administration;

(3) the Maritime Administration;

(4) the Federal Railroad Administration; and

(5) the Federal Transit Administration.
H. R. 1758—106

(c) DUTIES AND POWERS.—The Board shall provide recommendations for carrying out the duties of the Secretary described in

section 301(3) of this title.

§ 5503. Office of Intermodalism

(a) ESTABLISHMENT.—The Secretary of Transportation shall

establish in the Office of the Secretary an Office of Intermodalism.

(b) DIRECTOR.—The head of the Office is a Director who shall

be appointed by the Secretary.

(c) DUTIES AND POWERS.—The Director shall carry out the

duties of the Secretary described in section 301(3) of this title.

(d) INTERMODAL TRANSPORTATION DATA BASE.—(1) The Director

shall develop, maintain, and disseminate intermodal transportation

data through the Bureau of Transportation Statistics. The Director

shall coordinate the collection of data for the data base with the

States and metropolitan planning organizations. The data base

shall include information on—

(A) the volume of property and number of individuals carried in intermodal transportation by relevant classification;

(B) patterns of movement of property and individuals in

intermodal transportation by relevant classification by origin

and destination; and

(C) public and private investment in intermodal transportation facilities and services.

(2) The Director shall make information from the data base

available to the public.

(e) RESEARCH.—The Director shall—

(1) coordinate United States Government research on intermodal transportation as provided in the plan developed under

section 6009(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2177); and (2) carry out additional research needs identified by the

Director.

(f) TECHNICAL ASSISTANCE.—The Director shall provide technical assistance to States and to metropolitan planning organizations for urban areas having a population of at least 1,000,000

in collecting data related to intermodal transportation to facilitate

the collection of the data by States and metropolitan planning

organizations. (g) ADMINISTRATIVE AND CLERICAL SUPPORT.—The Director

shall provide administrative and clerical support to the Intermodal

Transportation Advisory Board.

§ 5504. Model intermodal transportation plans

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

grants to States to develop model State intermodal transportation

plans that are consistent with the policy set forth in section 302(e)

of this title. The model plans shall include systems for collecting

data related to intermodal transportation.

(b) DISTRIBUTION.—The Secretary shall award grants to States

under this section that represent a variety of geographic regions

and transportation needs, patterns, and modes.

(c) PLAN SUBMISSION.—As a condition to a State receiving a

grant under this section, the Secretary shall require that the State

provide assurances that the State will submit to the Secretary

a State intermodal transportation plan not later than 18 months

after the date of receipt of the grant.
H. R. 1758—107

(d) GRANT AMOUNTS.—The Secretary shall reserve, from

amounts deducted under section 104(a) of title 23, $3,000,000 to

make grants under this section. The total amount that a State

may receive in grants under this section may not be more than

$500,000.

SUBCHAPTER II—TERMINALS

§ 5561. Definition

In this chapter, ‘‘civic and cultural activities’’ includes libraries,

musical and dramatic presentations, art exhibits, adult education

programs, public meeting places, and other facilities for carrying

on an activity any part of which is supported under a law of

the United States.

§ 5562. Assistance projects

(a) REQUIREMENTS TO PROVIDE ASSISTANCE.—The Secretary

of Transportation shall provide financial, technical, and advisory

assistance under this chapter to—

(1) promote, on a feasibility demonstration basis, the

conversion of at least 3 rail passenger terminals into intermodal

transportation terminals;

(2) preserve rail passenger terminals that reasonably are

likely to be converted or maintained pending preparation of

plans for their reuse;

(3) acquire and use space in suitable buildings of historic

or architectural significance but only if use of the space is

feasible and prudent when compared to available alternatives;

and

(4) encourage State and local governments, local and

regional transportation authorities, common carriers, philanthropic organizations, and other responsible persons to develop

plans to convert rail passenger terminals into intermodal

transportation terminals and civic and cultural activity centers.

(b) EFFECT ON ELIGIBILITY.—This chapter does not affect the

eligibility of any rail passenger terminal for preservation or reuse

assistance under another program or law.

(c) ACQUIRING SPACE.—The Secretary may acquire space under

subsection (a)(3) of this section only after consulting with the

Advisory Council on Historic Preservation and the Chairman of

the National Endowment for the Arts.

§ 5563. Conversion of certain rail passenger terminals

(a) AUTHORITY TO PROVIDE ASSISTANCE.—The Secretary of

Transportation may provide financial assistance to convert a rail

passenger terminal to an intermodal transportation terminal under

section 5562(a)(1) of this title only if—

(1) the terminal can be converted to accommodate other

modes of transportation the Secretary of Transportation decides

are appropriate, including—

(A) motorbus transportation;

(B) mass transit (rail or rubber tire); and

(C) airline ticket offices and passenger terminals

providing direct transportation to area airports;

(2) the terminal is listed on the National Register of Historic Places maintained by the Secretary of the Interior;
H. R. 1758—108

(3) the architectural integrity of the terminal will be preserved;

(4) to the extent practicable, the use of the terminal facilities for transportation may be combined with use of those

facilities for other civic and cultural activities, especially when

another activity is recommended by—

(A) the Advisory Council on Historic Preservation;

(B) the Chairman of the National Endowment for the

Arts; or

(C) consultants retained under subsection (b) of this

section; and

(5) the terminal and the conversion project meet other

criteria prescribed by the Secretary of Transportation after

consultation with the Council and Chairman.

(b) ARCHITECTURAL INTEGRITY.—The Secretary of Transportation must employ consultants on whether the architectural integrity of the rail passenger terminal will be preserved under subsection (a)(3) of this section. The Secretary may decide that the

architectural integrity will be preserved only if the consultants

concur. The Council and Chairman shall recommend consultants

to be employed by the Secretary. The consultants also may make

recommendations referred to in subsection (a)(4) of this section.

(c) GOVERNMENT’S SHARE OF COSTS.—The Secretary of

Transportation may not make a grant under this section for more

than 80 percent of the total cost of converting a rail passenger

terminal into an intermodal transportation terminal.

§ 5564. Interim preservation of certain rail passenger terminals

(a) GENERAL GRANT AUTHORITY.—Subject to subsection (b) of

this section, the Secretary of Transportation may make a grant

of financial assistance to a responsible person (including a governmental authority) to preserve a rail passenger terminal under section 5562(a)(2) of this title. To receive assistance under this section,

the person must be qualified, prepared, committed, and authorized

by law to maintain (and prevent the demolition, dismantling, or

further deterioration of) the terminal until plans for its reuse are

prepared.

(b) GRANT REQUIREMENTS.—The Secretary of Transportation

may make a grant of financial assistance under this section only

if—

(1) the Secretary decides the rail passenger terminal has

a reasonable likelihood of being converted to, or conditioned

for reuse as, an intermodal transportation terminal, a civic

or cultural activities center, or both; and

(2) planning activity directed toward conversion or reuse

has begun and is proceeding in a competent way.

(c) MAXIMIZING PRESERVATION OF TERMINALS.—(1) Amounts

appropriated to carry out this section and section 5562(a)(2) of

this title shall be expended in the way most likely to maximize

the preservation of rail passenger terminals that are—

(A) reasonably capable of conversion to intermodal

transportation terminals;
H. R. 1758—109

(B) listed in the National Register of Historic Places maintained by the Secretary of the Interior; or

(C) recommended (on the basis of architectural integrity

and quality) by the Advisory Council on Historic Preservation

or the Chairman of the National Endowment for the Arts.

(2) The Secretary of Transportation may not make a grant

under this section for more than 80 percent of the total cost of

maintaining the terminal for an interim period of not more than

5 years.

§ 5565. Encouraging the development of plans for converting

rail passenger terminals

(a) GENERAL GRANT AUTHORITY.—The Secretary of Transportation may make a grant of financial assistance to a qualified

person (including a governmental authority) to encourage the development of plans for converting a rail passenger terminal under

section 5562(a)(4) of this title. To receive assistance under this

section, the person must—

(1) be prepared to develop practicable plans that meet

zoning, land use, and other requirements of the applicable

State and local jurisdictions in which the terminal is located;

(2) incorporate into the designs and plans proposed for

converting the terminal, features that reasonably appear likely

to attract private investors willing to carry out the planned

conversion and its subsequent maintenance and operation; and

(3) complete the designs and plans for the conversion within

the period of time prescribed by the Secretary.

(b) PREFERENCE.—In making a grant under this section, the

Secretary of Transportation shall give preferential consideration

to an applicant whose completed designs and plans will be carried

out within 3 years after their completion.

(c) MAXIMIZING CONVERSION AND CONTINUED PUBLIC USE.—

(1) Amounts appropriated to carry out this section and section

5562(a)(4) of this title shall be expended in the way most likely

to maximize the conversion and continued public use of rail passenger terminals that are—

(A) listed in the National Register of Historic Places maintained by the Secretary of the Interior; or

(B) recommended (on the basis of architectural integrity

and quality) by the Advisory Council on Historic Preservation

or the Chairman of the National Endowment for the Arts.

(2) The Secretary of Transportation may not make a grant

under this section for more than 80 percent of the total cost of

the project for which the financial assistance is provided.

§ 5566. Records and audits

(a) RECORD REQUIREMENTS.—Each recipient of financial assistance under this chapter shall keep records required by the Secretary

of Transportation. The records shall disclose—

(1) the amount, and disposition by the recipient, of the

proceeds of the assistance;

(2) the total cost of the project for which the assistance

was given or used;

(3) the amount of that part of the cost of the project

supplied by other sources; and
H. R. 1758—110

(4) any other records that will make an effective audit

easier.

(b) AUDITS AND INSPECTIONS.—For 3 years after a project is

completed, the Secretary and the Comptroller General may audit

and inspect records of a recipient that the Secretary or Comptroller

General decides may be related or pertinent to the financial assistance.

§ 5567. Preference for preserving buildings of historic or

architectural significance

Amtrak shall give preference to the use of rail passenger terminal facilities that will preserve buildings of historic or architectural

significance.

§ 5568. Authorization of appropriations

(a) GENERAL.—The following amounts may be appropriated to

the Secretary of Transportation:

(1) not more than $15,000,000 to carry out section

5562(a)(1) and (3) of this title.

(2) not more than $2,500,000 to carry out section 5562(a)(2)

of this title.

(3) not more than $2,500,000 to carry out section 5562(a)(4)

of this title.

(b) AVAILABILITY OF AMOUNTS.—Amounts appropriated to carry

out this chapter remain available until expended.

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.

§ 5701. Findings

Congress finds that—

(1) the United States public is entitled to receive food

and other consumer products that are not made unsafe because

of certain transportation practices;

(2) the United States public is threatened by the transportation of products potentially harmful to consumers in motor

vehicles and rail vehicles that are used to transport food and

other consumer products; and

(3) the risks to consumers by those transportation practices

are unnecessary and those practices must be ended.

§ 5702. Definitions

In this chapter—

(1) ‘‘cosmetic’’, ‘‘device’’, ‘‘drug’’, ‘‘food’’, and ‘‘food additive’’

have the same meanings given those terms in section 201

of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
H. R. 1758—111

(2) ‘‘nonfood product’’ means (individually or by class) a

material, substance, or product that is not a cosmetic, device,

drug, food, or food additive, or is deemed a nonfood product

under section 5703(a)(2) of this title, including refuse and solid

waste (as defined in section 1004 of the Solid Waste Disposal

Act (42 U.S.C. 6903)).

(3) ‘‘refuse’’ means discarded material that is, or is required

by law, to be transported to or disposed of in a landfill or

incinerator.

(4) ‘‘State’’ means a State of the United States, the District

of Columbia, Puerto Rico, the Northern Mariana Islands, the

Virgin Islands, American Samoa, Guam, and any other territory

or possession of the United States.

(5) ‘‘transports’’ and ‘‘transportation’’ mean any movement

of property in commerce (including intrastate commerce) by

motor vehicle or rail vehicle.

(6) ‘‘United States’’ means all of the States.

§ 5703. General regulation

(a) GENERAL REQUIREMENTS.—(1) Not later than July 31, 1991,

the Secretary of Transportation, after consultation required by section 5709 of this title, shall prescribe regulations on the transportation of cosmetics, devices, drugs, food, and food additives in motor

vehicles and rail vehicles that are used to transport nonfood products that would make the cosmetics, devices, drugs, food, or food

additives unsafe to humans or animals.

(2) The Secretary shall deem a cosmetic, device, or drug to

be a nonfood product if—

(A) the cosmetic, device, or drug is transported in a motor

vehicle or rail vehicle before, or at the same time as, a food

or food additive; and

(B) transportation of the cosmetic, device, or drug would

make the food or food additive unsafe to humans or animals.

(b) SPECIAL REQUIREMENTS.—In prescribing regulations under

subsection (a)(1) of this section, the Secretary, after consultation

required by section 5709 of this title, shall establish requirements

for appropriate—

(1) recordkeeping, identification, marking, certification, or

other means of verification to comply with sections 5704–5706

of this title;

(2) decontamination, removal, disposal, and isolation to

comply with regulations carrying out sections 5704 and 5705

of this title; and

(3) material for the construction of tank trucks, rail tank

cars, cargo tanks, and accessory equipment to comply with

regulations carrying out section 5704 of this title.

(c) CONSIDERATIONS AND ADDITIONAL REQUIREMENTS.—In

prescribing regulations under subsection (a)(1) of this section, the

Secretary, after consultation required by section 5709 of this title,

shall consider, and may establish requirements related to, each

of the following:

(1) the extent to which packaging or similar means of

protecting and isolating commodities are adequate to eliminate

or ameliorate the potential risks of transporting cosmetics,

devices, drugs, food, or food additives in motor vehicles or

rail vehicles used to transport nonfood products.
H. R. 1758—112

(2) appropriate compliance and enforcement measures to

carry out this chapter.

(3) appropriate minimum insurance or other liability

requirements for a person to whom this chapter applies.

(d) PACKAGES MEETING PACKAGING STANDARDS.—If the Secretary finds packaging standards to be adequate, regulations under

subsection (a)(1) of this section may not apply to cosmetics, devices,

drugs, food, food additives, or nonfood products packaged in packages that meet the standards.

§ 5704. Tank trucks, rail tank cars, and cargo tanks

(a) PROHIBITIONS.—The regulations prescribed under section

5703(a)(1) of this title shall include provisions prohibiting a person

from—

(1) using, offering for use, or arranging for the use of

a tank truck, rail tank car, or cargo tank used in motor vehicle

or rail transportation of cosmetics, devices, drugs, food, or food

additives if the tank truck, rail tank car, or cargo tank is

used to transport a nonfood product, except a nonfood product

included in a list published under subsection (b) of this section;

(2) using, offering for use, or arranging for the use of

a tank truck or cargo tank to provide motor vehicle transportation of cosmetics, devices, drugs, food, food additives, or

nonfood products included in the list published under subsection

(b) of this section unless the tank truck or cargo tank is identified, by a permanent marking on the tank truck or cargo

tank, as transporting only cosmetics, devices, drugs, food, food

additives, or nonfood products included in the list;

(3) using, offering for use, or arranging for the use of

a tank truck or cargo tank to provide motor vehicle transportation of a nonfood product that is not included in the list

published under subsection (b) of this section if the tank truck

or cargo tank is identified, as provided in clause (2) of this

subsection, as a tank truck or cargo tank transporting only

cosmetics, devices, drugs, food, food additives, or nonfood products included in the list; or

(4) receiving, except for lawful disposal purposes, any cosmetic, device, drug, food, food additive, or nonfood product

that has been transported in a tank truck or cargo tank in

violation of clause (2) or (3) of this subsection.

(b) LIST OF NONFOOD PRODUCTS NOT UNSAFE.—After consultation required by section 5709 of this title, the Secretary of Transportation shall publish in the Federal Register a list of nonfood products the Secretary decides do not make cosmetics, devices, drugs,

food, or food additives unsafe to humans or animals because of

transportation of the nonfood products in a tank truck, rail tank

car, or cargo tank used to transport cosmetics, devices, drugs,

food, or food additives. The Secretary may amend the list periodically by publication in the Federal Register.

(c) DISCLOSURE.—A person that arranges for the use of a tank

truck or cargo tank used in motor vehicle transportation for the

transportation of a cosmetic, device, drug, food, food additive, or

nonfood product shall disclose to the motor carrier or other appropriate person if the cosmetic, device, drug, food, food additive,

or nonfood product being transported is to be used—

(1) as, or in the preparation of, a food or food additive;

or
H. R. 1758—113

(2) as a nonfood product included in the list published

under subsection (b) of this section.

§ 5705. Motor and rail transportation of nonfood products

(a) PROHIBITIONS.—The regulations prescribed under section

5703(a)(1) of this title shall include provisions prohibiting a person

from using, offering for use, or arranging for the use of a motor

vehicle or rail vehicle (except a tank truck, rail tank car, or cargo

tank described in section 5704 of this title) to transport cosmetics,

devices, drugs, food, or food additives if the vehicle is used to

transport nonfood products included in a list published under subsection (b) of this section.

(b) LIST OF UNSAFE NONFOOD PRODUCTS.—(1) After consultation required by section 5709 of this title, the Secretary of Transportation shall publish in the Federal Register a list of nonfood products the Secretary decides would make cosmetics, devices, drugs,

food, or food additives unsafe to humans or animals because of

transportation of the nonfood products in a motor vehicle or rail

vehicle used to transport cosmetics, devices, drugs, food, or food

additives. The Secretary may amend the list periodically by publication in the Federal Register.

(2) The list published under paragraph (1) of this subsection

may not include cardboard, pallets, beverage containers, and other

food packaging except to the extent the Secretary decides that

the transportation of cardboard, pallets, beverage containers, or

other food packaging in a motor vehicle or rail vehicle used to

transport cosmetics, devices, drugs, food, or food additives would

make the cosmetics, devices, drugs, food, or food additives unsafe

to humans or animals.

§ 5706. Dedicated vehicles

(a) PROHIBITIONS.—The regulations prescribed under section 5703(a)(1) of this title shall include provisions prohibiting a person

from using, offering for use, or arranging for the use of a motor

vehicle or rail vehicle to transport asbestos, in forms or quantities

the Secretary of Transportation decides are necessary, or products

that present an extreme danger to humans or animals, despite

any decontamination, removal, disposal, packaging, or other isolation procedures, unless the motor vehicle or rail vehicle is used

only to transport one or more of the following: asbestos, those

extremely dangerous products, or refuse. (b) LIST OF APPLICABLE PRODUCTS.—After consultation required

by section 5709 of this title, the Secretary shall publish in the

Federal Register a list of the products to which this section applies.

The Secretary may amend the list periodically by publication in

the Federal Register.

§ 5707. Waiver authority

(a) GENERAL AUTHORITY.—After consultation required by section 5709 of this title, the Secretary of Transportation may waive

any part of this chapter or regulations prescribed under this chapter

for a class of persons, motor vehicles, rail vehicles, cosmetics,

devices, drugs, food, food additives, or nonfood products, if the

Secretary decides that the waiver—

(1) would not result in the transportation of cosmetics,

devices, drugs, food, or food additives that would be unsafe

to humans or animals; and
H. R. 1758—114

(2) would not be contrary to the public interest and this

chapter.

(b) PUBLICATION OF WAIVERS.—The Secretary shall publish in

the Federal Register any waiver and the reasons for the waiver.

§ 5708. Food transportation inspections

(a) GENERAL AUTHORITY.—For commercial motor vehicles, the

Secretary of Transportation may carry out this chapter and assist

in carrying out compatible State laws and regulations through

means that include inspections conducted by State employees that

are paid for with money authorized under section 31104 of this

title, if the recipient State agrees to assist in the enforcement

of this chapter or is enforcing compatible State laws and regulations.

(b) PROVIDING ASSISTANCE.—On the request of the Secretary

of Transportation, the Secretaries of Agriculture and Health and

Human Services, the Administrator of the Environmental Protection

Agency, and the heads of other appropriate departments, agencies,

and instrumentalities of the United States Government shall provide assistance, to the extent available, to the Secretary of Transportation to carry out this chapter, including assistance in the training

of personnel under a program established under subsection (c)

of this section.

(c) TRAINING PROGRAM.—After consultation required by section

5709 of this title and consultation with the heads of appropriate

State transportation and food safety authorities, the Secretary of

Transportation shall develop and carry out a training program

for inspectors to conduct vigorous enforcement of this chapter and

regulations prescribed under this chapter or compatible State laws

and regulations. As part of the training program, the inspectors,

including State inspectors or personnel paid with money authorized

under section 31104 of this title, shall be trained in the recognition

of adulteration problems associated with the transportation of

cosmetics, devices, drugs, food, and food additives and in the procedures for obtaining assistance of the appropriate departments, agencies, and instrumentalities of the Government and State authorities

to support the enforcement.

§ 5709. Consultation

As provided by sections 5703–5708 of this title, the Secretary

of Transportation shall consult with the Secretaries of Agriculture

and Health and Human Services and the Administrator of the

Environmental Protection Agency.

§ 5710. Administrative

The Secretary of Transportation has the same duties and powers in regulating transportation under this chapter as the Secretary

has under section 5121(a)–(c) (except subsection (c)(1)(A)) of this

title in regulating transportation under chapter 51 of this title.

§ 5711. Enforcement and penalties

(a) ACTIONS.—The Secretary of Transportation shall request

that a civil action be brought and take action to eliminate or

ameliorate an imminent hazard related to a violation of a regulation

prescribed or order issued under this chapter in the same way

and to the same extent as authorized by section 5122 of this

title.
H. R. 1758—115

(b) APPLICABLE PENALTIES AND PROCEDURES.—The penalties

and procedures in sections 5123 and 5124 of this title apply to

a violation of a regulation prescribed or order issued under this

chapter.

§ 5712. Relationship to other laws

Section 5125 of this title applies to the relationship between

this chapter and a requirement of a State, a political subdivision

of a State, or an Indian tribe.

§ 5713. Application of sections 5711 and 5712

Sections 5711 and 5712 of this title apply only to transportation

occurring on or after the date that regulations prescribed under

section 5703(a)(1) of this title are effective.

§ 5714. Coordination procedures

Not later than November 3, 1991, the Secretary of Transportation, after consultation with appropriate State officials, shall

establish procedures to promote more effective coordination between

the departments, agencies, and instrumentalities of the United

States Government and State authorities with regulatory authority

over motor carrier safety and railroad safety in carrying out and

enforcing this chapter.

CHAPTER 59—INTERMODAL SAFE CONTAINER

TRANSPORTATION

Sec.

5901. Definitions.

5902. Notifications and certifications.

5903. Prohibitions.

5904. State enforcement.

5905. Liens.

5906. Perishable agricultural commodities. 5907. Regulations and effective date.

§ 5901. Definitions

In this chapter—

(1) the definitions in section 10102 of this title apply.

(2) ‘‘beneficial owner’’ means a person not having title

to property but having ownership rights in the property, including a trustee of property in transit from an overseas place

of origin that is domiciled or doing business in the United

States, except that a carrier, agent of a carrier, broker, customs

broker, freight forwarder, warehouser, or terminal operator

is not a beneficial owner only because of providing or arranging

for any part of the intermodal transportation of property.

(3) ‘‘carrier’’ means—

(A) a motor carrier, water carrier, and rail carrier

providing transportation of property in commerce; and

(B) an ocean common carrier (as defined in section

3 of the Shipping Act of 1984 (46 App. U.S.C. 1702)) providing transportation of property in commerce.

(4) ‘‘container’’ has the meaning given the term ‘‘freight

container’’ by the International Standards Organization in

Series 1, Freight Containers, 3d Edition (reference number

ISO668–1979(E)), including successive revisions, and similar

containers that are used in providing transportation in interstate commerce.
H. R. 1758—116

(5) ‘‘first carrier’’ means the first carrier transporting a

loaded container or trailer in intermodal transportation.

(6) ‘‘intermodal transportation’’ means the successive

transportation of a loaded container or trailer from its place

of origin to its place of destination by more than one mode

of transportation in interstate or foreign commerce, whether

under a single bill of lading or under separate bills of lading.

(7) ‘‘trailer’’ means a nonpower, property-carrying, trailing

unit that is designed for use in combination with a truck

tractor.

§ 5902. Notifications and certifications

(a) PRIOR NOTIFICATION.—Before a person tenders to a first

carrier for intermodal transportation a loaded container or trailer

having a projected gross cargo weight of more than 10,000 pounds

(including packing material and pallets), the person shall give the

carrier a written notification of the gross cargo weight and a reasonable description of the contents of the container or trailer. The

notification may be transmitted electronically.

(b) CERTIFICATION.—Not later than when a person tenders to

a first carrier for intermodal transportation a container or trailer

to which subsection (a) of this section applies or a loaded container

or trailer having an actual gross cargo weight of more than 10,000

pounds (including packing material and pallets), the person shall

certify to the carrier in writing the actual gross cargo weight and

a reasonable description of the contents of the container or trailer.

(c) FORWARDING CERTIFICATIONS TO SUBSEQUENT CARRIERS.—

A carrier, agent of a carrier, broker, customs broker, freight forwarder, warehouser, or terminal operator shall forward the certification provided under subsection (b) of this section to a subsequent

carrier transporting the container or trailer in intermodal transportation. The act of forwarding the certification may not be construed

as a verification or affirmation of the accuracy or completeness

of the information in the certification.

(d) NONAPPLICATION.—(1) Subsections (a) and (b) of this section

and section 5903(c) of this title do not apply to a carrier when

the carrier is transferring a loaded container or trailer to another

carrier during intermodal transportation, unless the carrier is also

the person tendering the loaded container or trailer to the first

carrier.

(2) A carrier, agent of a carrier, broker, customs broker, freight

forwarder, warehouser, or terminal operator is deemed not to be

a person tendering a loaded container or trailer to a first carrier

under this section, unless the carrier, agent, broker, customs broker,

freight forwarder, warehouser, or terminal operator assumes legal

responsibility for loading property into the container or trailer.

§ 5903. Prohibitions

(a) PROVIDING ERRONEOUS INFORMATION.—A person tendering

a loaded container or trailer may not provide erroneous information

in a certification required by section 5902(b) of this title.

(b) TRANSPORTING PRIOR TO RECEIVING CERTIFICATION.—A

motor carrier may not transport a loaded container or trailer to

which section 5902(b) of this title applies before receiving the certification required by section 5902(b).

(c) UNLAWFUL COERCION.—(1) A person may not coerce or

attempt to coerce a person participating in intermodal transpor-
H. R. 1758—117

tation to transport a loaded container or trailer having an actual

gross cargo weight of more than 10,000 pounds (including packing

materials and pallets) before the certification required by section

5902(b) of this title is provided.

(2) A person, knowing that the weight of a loaded container

or trailer or the weight of a tractor-trailer combination carrying

the container or trailer is more than the weight allowed by

applicable State law, may not coerce or attempt to coerce a carrier

to transport the container or trailer or to operate the tractortrailer combination in violation of that State law.

§ 5904. State enforcement

(a) GENERAL.—A State may enact a law to permit the State

or a political subdivision of the State—

(1) to impose a fine or penalty, for a violation of a State

highway weight law or regulation by a tractor-trailer combination carrying a loaded container or trailer for which a certification is required by section 5902(b) of this title, against the

person tendering the loaded container or trailer to the first

carrier if the violation results from the person’s having provided

erroneous information in the certification in violation of section

5903(a) of this title; and

(2) to impound the container or trailer until the fine or

penalty has been paid by the owner or beneficial owner of

the contents of the container or trailer or the person tendering

the loaded container or trailer to the first carrier.

(b) LIMITATION.—This chapter does not require a person tendering a loaded container or trailer to a first carrier to ensure

that the first carrier or any other carrier involved in the intermodal

transportation will comply with any State highway weight law

or regulation, other than as required by this chapter.

§ 5905. Liens

(a) GENERAL.—If a person involved in the intermodal transportation of a loaded container or trailer for which a certification

is required by section 5902(b) of this title is required under State

law to post a bond or pay any fine, penalty, cost, or interest

resulting from providing erroneous information in the certification

to the first carrier in violation of section 5903(a) of this title,

the person has a lien against the contents equal to the amount

of the bond, fine, penalty, cost, or interest incurred, until the

person receives a payment of that amount from the owner or beneficial owner of the contents or from the person responsible for

making the certification. (b) LIMITATIONS.—(1) A lien under this section does not authorize a person to dispose of the contents of a loaded container or

trailer until the person who tendered the container or trailer to

the first carrier is given a reasonable opportunity to establish

responsibility for the bond, fine, penalty, cost, or interest.

(2) In this section, an owner or beneficial owner of the contents

of a container or trailer or a person tendering a container or

trailer to the first carrier is deemed not to be a person involved

in the intermodal transportation of the container or trailer.

§ 5906. Perishable agricultural commodities

Sections 5904(a)(2) and 5905 of this title do not apply to a

container or trailer the contents of which are perishable agricultural
H. R. 1758—118

commodities (as defined in the Perishable Agricultural Commodities

Act, 1930 (7 U.S.C. 499a et seq.)).

§ 5907. Regulations and effective date

(a) REGULATIONS.—Not later than July 25, 1993, the Secretary

of Transportation shall prescribe final regulations to enforce this

chapter. The Secretary may establish by regulation exemptions

to the regulations that are in the public interest and consistent

with the purposes of this chapter.

(b) EFFECTIVE DATE.—This chapter is effective on the date

final regulations to enforce this chapter are prescribed.

(e) Title 49, United States Code, is amended by adding the

following immediately after subtitle IV:

SUBTITLE V—RAIL PROGRAMS

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

PART B—ASSISTANCE

221. LOCAL RAIL FREIGHT ASSISTANCE ................................................... 22101

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

PART D—MISCELLANEOUS

261. LAW ENFORCEMENT .............................................................................. 26101

PART A—SAFETY

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.

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.
H. R. 1758—119

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. 20144. Blue signal protection for on-track vehicles.

SUBCHAPTER I—GENERAL

§ 20101. Purpose

The purpose of this chapter is to promote safety in every

area of railroad operations and reduce railroad-related accidents

and incidents.

§ 20102. Definitions

In this part—

(1) ‘‘railroad’’—

(A) means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways,

including—

(i) commuter or other short-haul railroad passenger service in a metropolitan or suburban area and

commuter railroad service that was operated by the

Consolidated Rail Corporation on January 1, 1979; and

(ii) high speed ground transportation systems that

connect metropolitan areas, without regard to whether

those systems use new technologies not associated with

traditional railroads; but

(B) does not include rapid transit operations in an

urban area that are not connected to the general railroad

system of transportation.

(2) ‘‘railroad carrier’’ means a person providing railroad

transportation.

§ 20103. General authority

(a) REGULATIONS AND ORDERS.—The Secretary of Transportation, as necessary, shall prescribe regulations and issue orders

for every area of railroad safety supplementing laws and regulations

in effect on October 16, 1970.

(b) REGULATIONS OF PRACTICE FOR PROCEEDINGS.—The Secretary shall prescribe regulations of practice applicable to each

proceeding under this chapter. The regulations shall reflect the

varying nature of the proceedings and include time limits for disposition of the proceedings. The time limit for disposition of a

proceeding may not be more than 12 months after the date it

begins.

(c) CONSIDERATION OF INFORMATION AND STANDARDS.—In

prescribing regulations and issuing orders under this section, the

Secretary shall consider existing relevant safety information and

standards.

(d) WAIVERS.—The Secretary may waive compliance with any

part of a regulation prescribed or order issued under this chapter

if the waiver is in the public interest and consistent with railroad
H. R. 1758—120

safety. The Secretary shall make public the reasons for granting

the waiver.

(e) HEARINGS.—The Secretary shall conduct a hearing as provided by section 553 of title 5 when prescribing a regulation or

issuing an order under this chapter, including a regulation or

order establishing, amending, or waiving compliance with a railroad

safety regulation prescribed or order issued under this chapter.

An opportunity for an oral presentation shall be provided.

§ 20104. Emergency authority

(a) ORDERING RESTRICTIONS AND PROHIBITIONS.—(1) If, through

testing, inspection, investigation, or research carried out under

this chapter, the Secretary of Transportation decides that an unsafe

condition or practice, or a combination of unsafe conditions and

practices, causes an emergency situation involving a hazard of

death or personal injury, the Secretary immediately may order

restrictions and prohibitions, without regard to section 20103(e)

of this title, that may be necessary to abate the situation.

(2) The order shall describe the condition or practice, or a

combination of conditions and practices, that causes the emergency

situation and prescribe standards and procedures for obtaining

relief from the order. This paragraph does not affect the Secretary’s

discretion under this section to maintain the order in effect for

as long as the emergency situation exists.

(b) REVIEW OF ORDERS.—After issuing an order under this

section, the Secretary shall provide an opportunity for review of

the order under section 554 of title 5. If a petition for review

is filed and the review is not completed by the end of the 30-

day period beginning on the date the order was issued, the order

stops being effective at the end of that period unless the Secretary

decides in writing that the emergency situation still exists.

(c) CIVIL ACTIONS TO COMPEL ISSUANCE OF ORDERS.—An

employee of a railroad carrier engaged in interstate or foreign

commerce who may be exposed to imminent physical injury during

that employment because of the Secretary’s failure, without any

reasonable basis, to issue an order under subsection (a) of this

section, or the employee’s authorized representative, may bring

a civil action against the Secretary in a district court of the United

States to compel the Secretary to issue an order. The action must

be brought in the judicial district in which the emergency situation

is alleged to exist, in which that employing carrier has its principal

executive office, or for the District of Columbia. The Secretary’s

failure to issue an order under subsection (a) of this section may

be reviewed only under section 706 of title 5.

§ 20105. State participation

(a) INVESTIGATIVE AND SURVEILLANCE ACTIVITIES.—The Secretary of Transportation may prescribe investigative and surveillance activities necessary to enforce the safety regulations prescribed and orders issued by the Secretary that apply to railroad

equipment, facilities, rolling stock, and operations in a State. The

State may participate in those activities when the safety practices

for railroad equipment, facilities, rolling stock, and operations in

the State are regulated by a State authority and the authority

submits to the Secretary an annual certification as provided in

subsection (b) of this section.
H. R. 1758—121

(b) ANNUAL CERTIFICATION.—(1) A State authority’s annual

certification must include—

(A) a certification that the authority—

(i) has regulatory jurisdiction over the safety practices

for railroad equipment, facilities, rolling stock, and operations in the State;

(ii) was given a copy of each safety regulation prescribed and order issued by the Secretary, that applies

to the equipment, facilities, rolling stock, or operations,

as of the date of certification; and

(iii) is conducting the investigative and surveillance

activities prescribed by the Secretary under subsection (a)

of this section; and

(B) a report, in the form the Secretary prescribes by regulation, that includes—

(i) the name and address of each railroad carrier subject to the safety jurisdiction of the authority;

(ii) each accident or incident reported during the prior

12 months by a railroad carrier involving a fatality, personal injury requiring hospitalization, or property damage

of more than $750 (or a higher amount prescribed by

the Secretary), and a summary of the authority’s investigation of the cause and circumstances surrounding the

accident or incident;

(iii) the record maintenance, reporting, and inspection

practices conducted by the authority to aid the Secretary

in enforcing railroad safety regulations prescribed and

orders issued by the Secretary, including the number of

inspections made of railroad equipment, facilities, rolling

stock, and operations by the authority during the prior

12 months; and

(iv) other information the Secretary requires. (2) An annual certification applies to a safety regulation prescribed or order issued after the date of the certification only

if the State authority submits an appropriate certification to provide

the necessary investigative and surveillance activities. (3) If, after receipt of an annual certification, the Secretary

decides the State authority is not complying satisfactorily with

the investigative and surveillance activities prescribed under subsection (a) of this section, the Secretary may reject any part of

the certification or take other appropriate action to achieve adequate

enforcement. The Secretary must give the authority notice and

an opportunity for a hearing before taking action under this paragraph. When the Secretary gives notice, the burden of proof is

on the authority to show that it is complying satisfactorily with

the investigative and surveillance activities prescribed by the Secretary.

(c) AGREEMENT WHEN CERTIFICATION NOT RECEIVED.—(1) If

the Secretary does not receive an annual certification under subsection (a) of this section related to any railroad equipment, facility,

rolling stock, or operation, the Secretary may make an agreement

with a State authority for the authority to provide any part of

the investigative and surveillance activities prescribed by the Secretary as necessary to enforce the safety regulations and orders

applicable to the equipment, facility, rolling stock, or operation.

(2) The Secretary may terminate any part of an agreement

made under this subsection on finding that the authority has not
H. R. 1758—122

provided every part of the investigative and surveillance activities

to which the agreement relates. The Secretary must give the authority notice and an opportunity for a hearing before making such

a finding. The finding and termination shall be published in the

Federal Register and may not become effective for at least 15

days after the date of publication.

(d) AGREEMENT FOR INVESTIGATIVE AND SURVEILLANCE ACTIVITIES.—In addition to providing for State participation under this

section, the Secretary may make an agreement with a State to

provide investigative and surveillance activities related to the Secretary’s duties under chapters 203–213 of this title.

(e) PAYMENT.—On application by a State authority that has

submitted a certification under subsections (a) and (b) of this section

or made an agreement under subsection (c) or (d) of this section,

the Secretary shall pay not more than 50 percent of the cost

of the personnel, equipment, and activities of the authority needed,

during the next fiscal year, to carry out a safety program under

the certification or agreement. However, the Secretary may pay

an authority only when the authority assures the Secretary that

it will provide the remaining cost of the safety program and that

the total State money expended for the safety program, excluding

grants of the United States Government, will be at least as much

as the average amount expended for the fiscal years that ended

June 30, 1969, and June 30, 1970.

(f) MONITORING.—The Secretary may monitor State investigative and surveillance practices and carry out other inspections and

investigations necessary to help enforce this chapter.

§ 20106. National uniformity of regulation

Laws, regulations, and orders related to railroad safety shall

be nationally uniform to the extent practicable. A State may adopt

or continue in force a law, regulation, or order related to railroad

safety until the Secretary of Transportation prescribes a regulation

or issues an order covering the subject matter of the State requirement. A State may adopt or continue in force an additional or

more stringent law, regulation, or order related to railroad safety

when the law, regulation, or order— (1) is necessary to eliminate or reduce an essentially local

safety hazard; (2) is not incompatible with a law, regulation, or order

of the United States Government; and

(3) does not unreasonably burden interstate commerce.

§ 20107. Inspection and investigation

(a) GENERAL.—To carry out this part, the Secretary of Transportation may take actions the Secretary considers necessary, including—

(1) conduct investigations, make reports, issue subpenas,

require the production of documents, take depositions, and

prescribe recordkeeping and reporting requirements; and

(2) delegate to a public entity or qualified person the inspection, examination, and testing of railroad equipment, facilities,

rolling stock, operations, and persons.

(b) ENTRY AND INSPECTION.—In carrying out this part, an officer, employee, or agent of the Secretary, at reasonable times and

in a reasonable way, may enter and inspect railroad equipment,

facilities, rolling stock, operations, and relevant records. When
H. R. 1758—123

requested, the officer, employee, or agent shall display proper

credentials. During an inspection, the officer, employee, or agent

is an employee of the United States Government under chapter

171 of title 28.

§ 20108. Research, development, testing, and training

(a) GENERAL.—The Secretary of Transportation shall carry out,

as necessary, research, development, testing, evaluation, and training for every area of railroad safety.

(b) CONTRACTS.—To carry out this part, the Secretary may

make contracts for, and carry out, research, development, testing,

evaluation, and training (particularly for those areas of railroad

safety found to need prompt attention).

(c) AMOUNTS FROM NON-GOVERNMENT SOURCES FOR TRAINING

SAFETY EMPLOYEES.—The Secretary may request, receive, and

expend amounts received from non-United States Government

sources for expenses incurred in training safety employees of private

industry, State and local authorities, or other public authorities,

except State rail safety inspectors participating in training under

section 20105 of this title.

§ 20109. Employee protections

(a) FILING COMPLAINTS AND TESTIFYING.—A railroad carrier

engaged in interstate or foreign commerce may not discharge or

in any way discriminate against an employee because the employee,

whether acting for the employee or as a representative, has—

(1) filed a complaint or brought or caused to be brought

a proceeding related to the enforcement of this part or, as

applicable to railroad safety, chapter 51 or 57 of this title;

or

(2) testified or will testify in that proceeding. (b) REFUSING TO WORK BECAUSE OF HAZARDOUS CONDITIONS.— (1) A railroad carrier engaged in interstate or foreign commerce

may not discharge or in any way discriminate against an employee

for refusing to work when confronted by a hazardous condition

related to the performance of the employee’s duties, if— (A) the refusal is made in good faith and no reasonable

alternative to the refusal is available to the employee; (B) a reasonable individual in the circumstances then

confronting the employee would conclude that— (i) the hazardous condition presents an imminent danger of death or serious injury; and (ii) the urgency of the situation does not allow sufficient

time to eliminate the danger through regular statutory

means; and

(C) the employee, where possible, has notified the carrier

of the hazardous condition and the intention not to perform

further work unless the condition is corrected immediately.

(2) This subsection does not apply to security personnel

employed by a carrier to protect individuals and property transported by railroad.

(c) DISPUTE RESOLUTION.—A dispute, grievance, or claim arising under this section is subject to resolution under section 3

of the Railway Labor Act (45 U.S.C. 153). In a proceeding by

the National Railroad Adjustment Board, a division or delegate

of the Board, or another board of adjustment established under

section 3 to resolve the dispute, grievance, or claim, the proceeding
H. R. 1758—124

shall be expedited and the dispute, grievance, or claim shall be

resolved not later than 180 days after it is filed. If the violation

is a form of discrimination that does not involve discharge, suspension, or another action affecting pay, and no other remedy is available under this subsection, the Board, division, delegate, or other

board of adjustment may award the employee reasonable damages,

including punitive damages, of not more than $20,000.

(d) ELECTION OF REMEDIES.—An employee of a railroad carrier

may not seek protection under both this section and another provision of law for the same allegedly unlawful act of the carrier.

(e) DISCLOSURE OF IDENTITY.—(1) Except as provided in paragraph (2) of this subsection, or with the written consent of the

employee, the Secretary of Transportation may not disclose the

name of an employee of a railroad carrier who has provided information about an alleged violation of this part or, as applicable to

railroad safety, chapter 51 or 57 of this title or a regulation prescribed or order issued under any of those provisions.

(2) The Secretary shall disclose to the Attorney General the

name of an employee described in paragraph (1) of this subsection

if the matter is referred to the Attorney General for enforcement.

§ 20110. Effect on employee qualifications and collective

bargaining

This chapter does not—

(1) authorize the Secretary of Transportation to prescribe

regulations and issue orders related to qualifications of employees, except qualifications specifically related to safety; or

(2) prohibit the bargaining representatives of railroad carriers and their employees from making collective bargaining

agreements under the Railway Labor Act (45 U.S.C. 151 et

seq.), including agreements related to qualifications of employees, that are not inconsistent with regulations prescribed and

orders issued under this chapter.

§ 20111. Enforcement by the Secretary of Transportation

(a) EXCLUSIVE AUTHORITY.—The Secretary of Transportation

has exclusive authority—

(1) to impose and compromise a civil penalty for a violation

of a railroad safety regulation prescribed or order issued by

the Secretary;

(2) except as provided in section 20113 of this title, to

request an injunction for a violation of a railroad safety regulation prescribed or order issued by the Secretary; and

(3) to recommend appropriate action be taken under section

20112(a) of this title.

(b) COMPLIANCE ORDERS.—The Secretary may issue an order

directing compliance with this part or with a railroad safety regulation prescribed or order issued under this part.

(c) ORDERS PROHIBITING INDIVIDUALS FROM PERFORMING

SAFETY-SENSITIVE FUNCTIONS.—If an individual’s violation of a

regulation prescribed or order issued by the Secretary under this

chapter is shown to make that individual unfit for the performance

of safety-sensitive functions, the Secretary, after notice and opportunity for a hearing, may issue an order prohibiting the individual

from performing safety-sensitive functions in the railroad industry

for a specified period of time or until specified conditions are met.
H. R. 1758—125

This subsection does not affect the Secretary’s authority under

section 20104 of this title to act on an emergency basis.

(d) REGULATIONS REQUIRING REPORTING OF REMEDIAL

ACTIONS.—(1) The Secretary shall prescribe regulations to require

that a railroad carrier notified by the Secretary that imposition

of a civil penalty will be recommended for a failure to comply

with this part, chapter 51 or 57 of this title, or a regulation prescribed or order issued under any of those provisions, shall report

to the Secretary, not later than the 30th day after the end of

the month in which the notification is received—

(A) actions taken to remedy the failure; or

(B) if appropriate remedial actions cannot be taken by

that 30th day, an explanation of the reasons for the delay.

(2) The Secretary—

(A) not later than June 3, 1993, shall issue a notice of

a regulatory proceeding for proposed regulations to carry out

this subsection; and

(B) not later than September 3, 1994, shall prescribe final

regulations to carry out this subsection.

§ 20112. Enforcement by the Attorney General

(a) CIVIL ACTIONS.—At the request of the Secretary of Transportation, the Attorney General may bring a civil action in a district

court of the United States—

(1) to enjoin a violation of, or to enforce, a railroad safety

regulation prescribed or order issued by the Secretary;

(2) to collect a civil penalty imposed or an amount agreed

on in compromise under section 21301 of this title; or

(3) to enforce a subpena issued by the Secretary under

this chapter.

(b) VENUE.—(1) Except as provided in paragraph (2) of this

subsection, a civil action under this section may be brought in

the judicial district in which the violation occurred or the defendant

has its principal executive office. If an action to collect a penalty

is against an individual, the action also may be brought in the

judicial district in which the individual resides. (2) A civil action to enforce a subpena issued by the Secretary or a compliance order issued under section 20111(b) of this title

may be brought in the judicial district in which the defendant

resides, does business, or is found.

§ 20113. Enforcement by the States

(a) INJUNCTIVE RELIEF.—If the Secretary of Transportation does

not begin a civil action under section 20112 of this title to enjoin

the violation of a railroad safety regulation prescribed or order

issued by the Secretary not later than 15 days after the date

the Secretary receives notice of the violation and a request from

a State authority participating in investigative and surveillance

activities under section 20105 of this title that the action be brought,

the authority may bring a civil action in a district court of the

United States to enjoin the violation. This subsection does not

apply if the Secretary makes an affirmative written finding that

the violation did not occur or that the action is not necessary

because of other enforcement action taken by the Secretary related

to the violation.

(b) IMPOSITION AND COLLECTION OF CIVIL PENALTIES.—If the

Secretary does not impose the applicable civil penalty for a violation
H. R. 1758—126

of a railroad safety regulation prescribed or order issued by the

Secretary not later than 60 days after the date of receiving notice

from a State authority participating in investigative and surveillance activities under section 20105 of this title, the authority

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

to impose and collect the penalty. This paragraph does not apply

if the Secretary makes an affirmative written finding that the

violation did not occur.

(c) VENUE.—A civil action under this section may be brought

in the judicial district in which the violation occurred or the defendant has its principal executive office. However, a State authority

may not bring an action under this section outside the State.

§ 20114. Judicial procedures

(a) CRIMINAL CONTEMPT.—In a trial for criminal contempt for

violating an injunction or restraining order issued under this chapter, the violation of which is also a violation of this chapter, the

defendant may demand a jury trial. The defendant shall be tried

as provided in rule 42(b) of the Federal Rules of Criminal Procedure

(18 App. U.S.C.).

(b) SUBPENAS FOR WITNESSES.—A subpena for a witness

required to attend a district court of the United States in an

action brought under this chapter may be served in any judicial

district.

(c) REVIEW OF AGENCY ACTION.—Except as provided in section

20104(c) of this title, a proceeding to review a final action of the

Secretary of Transportation under this part or, as applicable to

railroad safety, chapter 51 or 57 of this title shall be brought

in the appropriate court of appeals as provided in chapter 158

of title 28.

§ 20115. User fees

(a) SCHEDULE OF FEES.—The Secretary of Transportation shall

prescribe by regulation a schedule of fees for railroad carriers

subject to this chapter. The fees—

(1) shall cover the costs of carrying out this chapter (except

section 20108(a));

(2) shall be imposed fairly on the railroad carriers, in

reasonable relationship to an appropriate combination of criteria such as revenue ton-miles, track miles, passenger miles,

or other relevant factors; and

(3) may not be based on that part of industry revenues

attributable to a railroad carrier or class of railroad carriers.

(b) COLLECTION PROCEDURES.—The Secretary shall prescribe

procedures to collect the fees. The Secretary may use the services

of a department, agency, or instrumentality of the United States

Government or of a State or local authority to collect the fees,

and may reimburse the department, agency, or instrumentality

a reasonable amount for its services.

(c) COLLECTION, DEPOSIT, AND USE.—(1) The Secretary shall

impose and collect fees under this section for each fiscal year

before the end of the fiscal year. (2) Fees collected under this section shall be deposited in the

general fund of the Treasury as offsetting receipts. The fees may

be used, to the extent provided in advance in an appropriation

law, only to carry out this chapter.
H. R. 1758—127

(3) Fees prescribed under this section shall be imposed in

an amount sufficient to pay for the costs of activities under this

chapter. However, the total fees received for a fiscal year may

not be more than 105 percent of the total amount of the appropriations for the fiscal year for activities to be financed by the fees.

(d) ANNUAL REPORT.—(1) Not later than 90 days after the

end of each fiscal year in which fees are collected under this

section, the Secretary shall report to Congress on—

(A) the amount of fees collected during that fiscal year;

(B) the impact of the fees on the financial health of the

railroad industry and its competitive position relative to each

competing mode of transportation; and

(C) the total cost of Government safety activities for each

other competing mode of transportation, including any part

of that total cost defrayed by Government user fees.

(2) Not later than 90 days after submitting a report for a

fiscal year, the Secretary shall submit to Congress recommendations

for corrective legislation if the report includes a finding that—

(A) there has been an impact from the fees on the financial

health of the railroad industry or its competitive position relative to each competing mode of transportation; or

(B) there is a significant difference in the burden of Government user fees on the railroad industry and other competing

modes of transportation.

(e) EXPIRATION.—This section expires on September 30, 1995.

§ 20116. Annual report

The Secretary of Transportation shall submit to the President

for submission to Congress not later than July 1 of each year

a report on carrying out this chapter for the prior calendar year.

The report shall include the following information about the prior

year:

(1) a thorough statistical compilation of railroad accidents,

incidents, and casualties by cause.

(2) a list of railroad safety regulations and orders prescribed, issued, or in effect under this chapter.

(3) a summary of the reasons for each waiver granted

under section 20103(d) of this title.

(4) an evaluation of the degree of compliance with railroad

safety regulations prescribed and orders issued under this

chapter.

(5) a summary of outstanding problems in carrying out

railroad safety regulations prescribed and orders issued under

this chapter, in order of priority.

(6) an analysis and evaluation of research and related

activities completed, including their policy implications, and

technological progress achieved.

(7) a list, with a brief statement of the issues, of completed

or pending civil actions to enforce railroad safety regulations

prescribed and orders issued under this chapter.

(8) the extent to which technical information was distributed to the scientific community and consumer-oriented

information was made available to the public.

(9) a compilation of certifications filed under section

20105(a) of this title that were—

(A) in effect; or
H. R. 1758—128

(B) rejected in any part by the Secretary, and a summary of the reasons for each rejection.

(10) a compilation of agreements made under section

20105(c) of this title that were—

(A) in effect; or

(B) terminated in any part by the Secretary, and a

summary of the reasons for each termination.

(11) recommendations for legislation the Secretary considers necessary to strengthen the national railroad safety

program.

§ 20117. Authorization of appropriations

(a) GENERAL.—(1) Not more than the following amounts may

be appropriated to the Secretary of Transportation to carry out

this chapter:

(A) $68,283,000 for the fiscal year ending September 30,

1993.

(B) $71,690,000 for the fiscal year ending September 30,

1994.

(2) Not more than $5,000,000 may be appropriated to the Secretary for the fiscal year ending September 30, 1993, to carry

out section 20105 of this title.

(b) GRADE CROSSING SAFETY.—Not more than $1,000,000 may

be appropriated to the Secretary for improvements in grade crossing

safety, except demonstration projects under section 20134(c) of this

title. Amounts appropriated under this subsection remain available

until expended.

(c) RESEARCH AND DEVELOPMENT, AUTOMATED TRACK INSPECTION, AND STATE PARTICIPATION GRANTS.—Amounts appropriated

under this section for research and development, automated track

inspection, and grants under section 20105(e) of this title remain

available until expended.

(d) MINIMUM AVAILABLE FOR CERTAIN PURPOSES.—At least 50

percent of the amounts appropriated to the Secretary for a fiscal

year to carry out railroad research and development programs

under this chapter or another law shall be available for safety

research, improved track inspection and information acquisition

technology, improved railroad freight transportation, and improved

railroad passenger systems.

SUBCHAPTER II—PARTICULAR ASPECTS OF SAFETY

§ 20131. Restricted access to rolling equipment

The Secretary of Transportation shall prescribe regulations and

issue orders that may be necessary to require that when railroad

carrier employees (except train or yard crews) assigned to inspect,

test, repair, or service rolling equipment have to work on, under,

or between that equipment, every manually operated switch, including each crossover switch, providing access to the track on which

the equipment is located is lined against movement to that track

and secured by an effective locking device that can be removed

only by the class or craft of employees performing the inspection,

testing, repair, or service.
H. R. 1758—129

§ 20132. Visible markers for rear cars

(a) GENERAL.—The Secretary of Transportation shall prescribe regulations and issue orders that may be necessary to require

that—

(1) the rear car of each passenger and commuter train has at least one highly visible marker that is lighted during

darkness and when weather conditions restrict clear visibility;

and

(2) the rear car of each freight train has highly visible markers during darkness and when weather conditions restrict

clear visibility.

(b) PREEMPTION.—Notwithstanding section 20106 of this title, subsection (a) of this section does not prohibit a State from continuing in force a law, regulation, or order in effect on July 8, 1976,

related to lighted markers on the rear car of a freight train except

to the extent it would cause the car to be in violation of this

section.

§ 20133. Passenger equipment

(a) GENERAL.—The Secretary of Transportation shall prescribe regulations and issue orders that may be necessary to ensure that

the construction, maintenance, and operation of railroad equipment

used to transport railroad passengers, whether in commuter or

intercity service, maximize the safety of those passengers. The

Secretary periodically shall review the regulations and orders and

make amendments that may be necessary. (b) CONSIDERATIONS AND AREAS OF CONCENTRATION.—In

prescribing regulations, issuing orders, and making amendments

under this section, the Secretary shall— (1) consider comparable regulations and procedures of the

United States Government that apply to other modes of

transportation, especially those regulations and procedures

carried out by the Administrator of the Federal Aviation

Administration;

(2) consider relevant differences between commuter and

intercity passenger service; (3) concentrate on those areas that the Secretary believes

present the greatest opportunity for enhancing the safety of

the equipment; and

(4) give significant weight to the expenditures that would

be necessary to retrofit existing equipment and to change specifications for equipment on order.

(c) CONSULTATION.—In prescribing regulations, issuing orders,

and making amendments under this section, the Secretary may

consult with Amtrak, public authorities operating railroad passenger service, other railroad carriers transporting passengers,

organizations of passengers, and organizations of employees. A consultation is not subject to the Federal Advisory Committee Act

(5 App. U.S.C.), but minutes of the consultation shall be placed

in the public docket of the regulatory proceeding.

§ 20134. Grade crossings and railroad rights of way

(a) GENERAL.—To the extent practicable, the Secretary of

Transportation shall maintain a coordinated effort to develop and

carry out solutions to the railroad grade crossing problem and

measures to protect pedestrians in densely populated areas along

railroad rights of way. To carry out this subsection, the Secretary
H. R. 1758—130

may use the authority of the Secretary under this chapter and

over highway, traffic, and motor vehicle safety and over highway

construction.

(b) SIGNAL SYSTEMS AND OTHER DEVICES.—Not later than June

22, 1989, the Secretary shall prescribe regulations and issue orders

to ensure the safe maintenance, inspection, and testing of signal

systems and devices at railroad highway grade crossings.

(c) DEMONSTRATION PROJECTS.—(1) The Secretary shall establish demonstration projects to evaluate whether accidents and

incidents involving trains would be reduced by—

(A) reflective markers installed on the road surface or

on a signal post at railroad grade crossings;

(B) stop signs or yield signs installed at grade crossings;

and

(C) speed bumps or rumble strips installed on the road

surfaces at the approaches to grade crossings.

(2) Not later than June 22, 1990, the Secretary shall submit

a report on the results of the demonstration projects to the Committee on Energy and Commerce of the House of Representatives

and the Committee on Commerce, Science, and Transportation of

the Senate.

§ 20135. Licensing or certification of locomotive operators

(a) GENERAL.—The Secretary of Transportation shall prescribe

regulations and issue orders to establish a program requiring the

licensing or certification, after one year after the program is established, of any operator of a locomotive.

(b) PROGRAM REQUIREMENTS.—The program established under

subsection (a) of this section—

(1) shall be carried out through review and approval of

each railroad carrier’s operator qualification standards;

(2) shall provide minimum training requirements;

(3) shall require comprehensive knowledge of applicable

railroad carrier operating practices and rules;

(4) except as provided in subsection (c)(1) of this section,

shall require consideration, to the extent the information is

available, of the motor vehicle driving record of each individual

seeking licensing or certification, including—

(A) any denial, cancellation, revocation, or suspension

of a motor vehicle operator’s license by a State for cause

within the prior 5 years; and

(B) any conviction within the prior 5 years of an offense

described in section 30304(a)(3) (A) or (B) of this title;

(5) may require, based on the individual’s driving record,

disqualification or the granting of a license or certification

conditioned on requirements the Secretary prescribes; and

(6) shall require an individual seeking a license or certification—

(A) to request the chief driver licensing official of each

State in which the individual has held a motor vehicle

operator’s license within the prior 5 years to provide

information about the individual’s driving record to the

individual’s employer, prospective employer, or the Secretary, as the Secretary requires; and

(B) to make the request provided for in section

30305(b)(4) of this title for information to be sent to the
H. R. 1758—131

individual’s employer, prospective employer, or the Secretary, as the Secretary requires.

(c) WAIVERS.—(1) The Secretary shall prescribe standards and

establish procedures for waiving subsection (b)(4) of this section

for an individual or class of individuals who the Secretary decides

are not currently unfit to operate a locomotive. However, the Secretary may waive subsection (b)(4) for an individual or class of

individuals with a conviction, cancellation, revocation, or suspension

described in paragraph (2) (A) or (B) of this subsection only if

the individual or class, after the conviction, cancellation, revocation,

or suspension, successfully completes a rehabilitation program

established by a railroad carrier or approved by the Secretary.

(2) If an individual, after the conviction, cancellation, revocation, or suspension, successfully completes a rehabilitation program

established by a railroad carrier or approved by the Secretary,

the individual may not be denied a license or certification under

subsection (b)(4) of this section because of—

(A) a conviction for operating a motor vehicle when under

the influence of, or impaired by, alcohol or a controlled substance; or

(B) the cancellation, revocation, or suspension of the

individual’s motor vehicle operator’s license for operating a

motor vehicle when under the influence of, or impaired by,

alcohol or a controlled substance.

(d) OPPORTUNITY FOR HEARING.—An individual denied a license

or certification or whose license or certification is conditioned on

requirements prescribed under subsection (b)(4) of this section shall

be entitled to a hearing under section 20103(e) of this title to

decide whether the license has been properly denied or conditioned.

(e) OPPORTUNITY TO EXAMINE AND COMMENT ON INFORMATION.—The Secretary, employer, or prospective employer, as appropriate, shall make information obtained under subsection (b)(6)

of this section available to the individual. The individual shall

be given an opportunity to comment in writing about the information. Any comment shall be included in any record or file maintained

by the Secretary, employer, or prospective employer that contains

information to which the comment is related.

§ 20136. Automatic train control and related systems

The Secretary of Transportation shall prescribe regulations and

issue orders to require that—

(1) an individual performing a test of an automatic train

stop, train control, or cab signal apparatus required by the

Secretary to be performed before entering territory where the

apparatus will be used shall certify in writing that the test

was performed properly; and

(2) the certification required under clause (1) of this subsection shall be maintained in the same way and place as

the daily inspection report for the locomotive.

§ 20137. Event recorders

(a) DEFINITION.—In this section, ‘‘event recorder’’ means a

device that—

(1) records train speed, hot box detection, throttle position,

brake application, brake operations, and any other function

the Secretary of Transportation considers necessary to record
H. R. 1758—132

to assist in monitoring the safety of train operation, such as

time and signal indication; and

(2) is designed to resist tampering.

(b) REGULATIONS AND ORDERS.—Not later than December 22,

1989, the Secretary shall prescribe regulations and issue orders

that may be necessary to enhance safety by requiring that a train

be equipped with an event recorder not later than one year after

the regulations are prescribed and the orders are issued. However,

if the Secretary finds it is impracticable to equip trains within

that one-year period, the Secretary may extend the period to a

date that is not later than 18 months after the regulations are

prescribed and the orders are issued.

§ 20138. Tampering with safety and operational monitoring

devices

(a) GENERAL.—The Secretary of Transportation shall prescribe

regulations and issue orders to prohibit the willful tampering with,

or disabling of, any specified railroad safety or operational monitoring device.

(b) PENALTIES.—(1) A railroad carrier operating a train on

which a safety or operational monitoring device is tampered with

or disabled in violation of a regulation prescribed or order issued

under subsection (a) of this section is liable to the United States

Government for a civil penalty under section 21301 of this title.

(2) An individual tampering with or disabling a safety or operational monitoring device in violation of a regulation prescribed

or order issued under subsection (a) of this section, or knowingly

operating or allowing to be operated a train on which such a

device has been tampered with or disabled, is liable for penalties

established by the Secretary. The penalties may include— (A) a civil penalty under section 21301 of this title;

(B) suspension from work; and

(C) suspension or loss of a license or certification issued

under section 20135 of this title.

§ 20139. Maintenance-of-way operations on railroad bridges

Not later than June 22, 1989, the Secretary of Transportation

shall prescribe regulations and issue orders for the safety of maintenance-of-way employees on railroad bridges. The Secretary at least

shall provide in those regulations standards for bridge safety equipment, including nets, walkways, handrails, and safety lines, and

requirements for the use of vessels when work is performed on

bridges located over bodies of water.

§ 20140. Alcohol and controlled substances testing

(a) DEFINITION.—In this section, ‘‘controlled substance’’ means

any substance under section 102 of the Comprehensive Drug Abuse

Prevention and Control Act of 1970 (21 U.S.C. 802) specified by

the Secretary of Transportation.

(b) GENERAL.—(1) In the interest of safety, the Secretary of

Transportation shall prescribe regulations and issue orders, not

later than October 28, 1992, related to alcohol and controlled substances use in railroad operations. The regulations shall establish

a program requiring—

(A) a railroad carrier to conduct preemployment, reasonable

suspicion, random, and post-accident testing of all railroad

employees responsible for safety-sensitive functions (as decided
H. R. 1758—133

by the Secretary) for the use of alcohol or a controlled substance

in violation of law or a United States Government regulation;

and

(B) when the Secretary considers it appropriate, disqualification for an established period of time or dismissal of any

employee found—

(i) to have used or been impaired by alcohol when

on duty; or

(ii) to have used a controlled substance, whether or

not on duty, except as allowed for medical purposes by

law or a regulation or order under this chapter.

(2) When the Secretary of Transportation considers it appropriate in the interest of safety, the Secretary may prescribe regulations and issue orders requiring railroad carriers to conduct periodic

recurring testing of railroad employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of alcohol

or a controlled substance in violation of law or a Government

regulation.

(c) TESTING AND LABORATORY REQUIREMENTS.—In carrying out

this section, the Secretary of Transportation shall develop requirements that shall—

(1) promote, to the maximum extent practicable, individual

privacy in the collection of specimens;

(2) for laboratories and testing procedures for controlled

substances, incorporate the Department of Health and Human

Services scientific and technical guidelines dated April 11, 1988,

and any amendments to those guidelines, including mandatory

guidelines establishing— (A) comprehensive standards for every aspect of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this section, including

standards requiring the use of the best available technology

to ensure the complete reliability and accuracy of controlled

substances tests and strict procedures governing the chain

of custody of specimens collected for controlled substances

testing; (B) the minimum list of controlled substances for which

individuals may be tested; and (C) appropriate standards and procedures for periodic

review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled

substances testing in carrying out this section;

(3) require that a laboratory involved in controlled substances testing under this section have the capability and facility, at the laboratory, of performing screening and confirmation

tests;

(4) provide that all tests indicating the use of alcohol or

a controlled substance in violation of law or a Government

regulation be confirmed by a scientifically recognized method

of testing capable of providing quantitative information about

alcohol or a controlled substance;

(5) provide that each specimen be subdivided, secured,

and labeled in the presence of the tested individual and that

a part of the specimen be retained in a secure manner to

prevent the possibility of tampering, so that if the individual’s

confirmation test results are positive the individual has an

opportunity to have the retained part tested by a 2d confirma-
H. R. 1758—134

tion test done independently at another certified laboratory

if the individual requests the 2d confirmation test not later

than 3 days after being advised of the results of the first

confirmation test;

(6) ensure appropriate safeguards for testing to detect and

quantify alcohol in breath and body fluid samples, including

urine and blood, through the development of regulations that

may be necessary and in consultation with the Secretary of

Health and Human Services;

(7) provide for the confidentiality of test results and medical

information (other than information about alcohol or a controlled substance) of employees, except that this clause does

not prevent the use of test results for the orderly imposition

of appropriate sanctions under this section; and

(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee

is harassed by being treated differently from other employees

in similar circumstances.

(d) REHABILITATION.—The Secretary of Transportation shall

prescribe regulations or issue orders establishing requirements for

rehabilitation programs that at least provide for the identification

and opportunity for treatment of railroad employees responsible

for safety-sensitive functions (as decided by the Secretary) in need

of assistance in resolving problems with the use of alcohol or a

controlled substance in violation of law or a Government regulation.

The Secretary shall decide on the circumstances under which

employees shall be required to participate in a program. Each

railroad carrier is encouraged to make such a program available

to all of its employees in addition to employees responsible for

safety-sensitive functions. This subsection does not prevent a railroad carrier from establishing a program under this subsection

in cooperation with another railroad carrier.

(e) INTERNATIONAL OBLIGATIONS AND FOREIGN LAWS AND REGU- LATIONS.—In carrying out this section, the Secretary of Transportation—

(1) shall establish only requirements that are consistent

with international obligations of the United States; and (2) shall consider applicable laws and regulations of foreign

countries.

(f) OTHER REGULATIONS ALLOWED.—This section does not prevent the Secretary of Transportation from continuing in effect,

amending, or further supplementing a regulation prescribed or order

issued before October 28, 1991, governing the use of alcohol or

a controlled substance in railroad operations.

§ 20141. Power brake safety

(a) REVIEW AND REVISION OF EXISTING REGULATIONS.—The Secretary of Transportation shall review existing regulations on railroad power brakes and, not later than December 31, 1993, revise

the regulations based on safety information presented during the

review. Where applicable, the Secretary shall prescribe regulations

that establish standards on dynamic braking equipment.

(b) 2-WAY END-OF-TRAIN DEVICES.—(1) The Secretary shall

require 2-way end-of-train devices (or devices able to perform the

same function) on road trains, except locals, road switchers, or

work trains, to enable the initiation of emergency braking from

the rear of a train. The Secretary shall prescribe regulations as
H. R. 1758—135

soon as possible, but not later than December 31, 1993, requiring

the 2-way end-of-train devices. The regulations at least shall—

(A) establish standards for the devices based on

performance;

(B) prohibit a railroad carrier, on or after the date that

is one year after the regulations are prescribed, from acquiring

any end-of-train device for use on trains that is not a 2-way

device meeting the standards established under clause (A) of

this paragraph;

(C) require that the trains be equipped with 2-way endof-train devices meeting those standards not later than 4 years

after the regulations are prescribed; and

(D) provide that any 2-way end-of-train device acquired

for use on trains before the regulations are prescribed shall

be deemed to meet the standards.

(2) The Secretary may consider petitions to amend the regulations prescribed under paragraph (1) of this subsection to allow

the use of alternative technologies that meet the same basic

performance requirements established by the regulations.

(3) In developing the regulations required by paragraph (1)

of this subsection, the Secretary shall consider information presented under subsection (a) of this section.

(c) EXCLUSIONS.—The Secretary may exclude from regulations

prescribed under subsections (a) and (b) of this section any category

of trains or rail operations if the Secretary decides that the exclusion

is in the public interest and is consistent with railroad safety.

The Secretary shall make public the reasons for the exclusion.

The Secretary at least shall exclude from the regulations prescribed

under subsection (b)—

(1) trains that have manned cabooses;

(2) passenger trains with emergency brakes;

(3) trains that operate only on track that is not part of

the general railroad system; (4) trains that do not exceed 30 miles an hour and do

not operate on heavy grades, except for any categories of trains

specifically designated by the Secretary; and (5) trains that operate in a push mode.

§ 20142. Track safety

(a) REVIEW OF EXISTING REGULATIONS.—Not later than March

3, 1993, the Secretary of Transportation shall begin a review of

Department of Transportation regulations related to track safety

standards. The review at least shall include an evaluation of—

(1) procedures associated with maintaining and installing

continuous welded rail and its attendant structure;

(2) the need for revisions to regulations on track excepted

from track safety standards; and

(3) employee safety.

(b) REVISION OF REGULATIONS.—Not later than September 3,

1994, the Secretary shall prescribe regulations and issue orders

to revise track safety standards, considering safety information

presented during the review under subsection (a) of this section

and the report of the Comptroller General submitted under subsection (c) of this section.

(c) COMPTROLLER GENERAL’S STUDY AND REPORT.—The

Comptroller General shall study the effectiveness of the Secretary’s

enforcement of track safety standards, with particular attention
H. R. 1758—136

to recent relevant railroad accident experience and information.

Not later than September 3, 1993, the Comptroller General shall

submit a report to Congress and the Secretary on the results

of the study, with recommendations for improving enforcement of

those standards.

§ 20143. Locomotive visibility

(a) DEFINITION.—In this section, ‘‘locomotive visibility’’ means

the enhancement of day and night visibility of the front end unit

of a train, considering in particular the visibility and perspective

of a driver of a motor vehicle at a grade crossing.

(b) INTERIM REGULATIONS.—Not later than December 31, 1992,

the Secretary of Transportation shall prescribe temporary regulations identifying ditch, crossing, strobe, and oscillating lights as

temporary locomotive visibility measures and authorizing and

encouraging the installation and use of those lights. Subchapter

II of chapter 5 of title 5 does not apply to a temporary regulation

or to an amendment to a temporary regulation.

(c) REVIEW OF REGULATIONS.—The Secretary shall review the

Secretary’s regulations on locomotive visibility. Not later than

December 31, 1993, the Secretary shall complete the current

research of the Department of Transportation on locomotive visibility. In conducting the review, the Secretary shall collect relevant

information from operational experience by rail carriers using

enhanced visibility measures.

(d) REGULATORY PROCEEDING.—Not later than June 30, 1994,

the Secretary shall begin a regulatory proceeding to prescribe final

regulations requiring substantially enhanced locomotive visibility

measures. In the proceeding, the Secretary shall consider at least— (1) revisions to the existing locomotive headlight standards,

including standards for placement and intensity; (2) requiring the use of reflective material to enhance locomotive visibility; (3) requiring the use of additional alerting lights, including

ditch, crossing, strobe, and oscillating lights; (4) requiring the use of auxiliary lights to enhance locomotive visibility when viewed from the side; (5) the effect of an enhanced visibility measure on the

vision, health, and safety of train crew members; and (6) separate standards for self-propelled, push-pull, and

multi-unit passenger operations without a dedicated head end

locomotive.

(e) FINAL REGULATIONS.—(1) Not later than June 30, 1995,

the Secretary shall prescribe final regulations requiring enhanced

locomotive visibility measures. The Secretary shall require that

not later than December 31, 1997, a locomotive not excluded from

the regulations be equipped with temporary visibility measures

under subsection (b) of this section or the visibility measures the

final regulations require.

(2) In prescribing regulations under paragraph (1) of this subsection, the Secretary may exclude a category of trains or rail

operations from a specific visibility requirement if the Secretary

decides the exclusion is in the public interest and is consistent

with rail safety, including grade-crossing safety.

(3) A locomotive equipped with temporary visibility measures

prescribed under subsection (b) of this section when final regulations

are prescribed under paragraph (1) of this subsection is deemed
H. R. 1758—137

to be complying with the final regulations for 4 years after the

final regulations are prescribed.

§ 20144. Blue signal protection for on-track vehicles

The Secretary of Transportation shall prescribe regulations

applying blue signal protection to on-track vehicles where rest

is provided.

CHAPTER 203—SAFETY APPLIANCES

Sec.

20301. Definition and nonapplication. 20302. General requirements. 20303. Moving defective and insecure vehicles needing repairs. 20304. Assumption of risk by employees. 20305. Inspection of mail cars. 20306. Exemption for technological improvements.

§ 20301. Definition and nonapplication

(a) DEFINITION.—In this chapter, ‘‘vehicle’’ means a car, locomotive, tender, or similar vehicle.

(b) NONAPPLICATION.—This chapter does not apply to the

following:

(1) a train of 4-wheel coal cars.

(2) a train of 8-wheel standard logging cars if the height

of each car from the top of the rail to the center of the coupling

is not more than 25 inches.

(3) a locomotive used in hauling a train referred to in

clause (2) of this subsection when the locomotive and cars

of the train are used only to transport logs.

§ 20302. General requirements

(a) GENERAL.—Except as provided in subsection (c) of this section and section 20303 of this title, a railroad carrier may use

or allow to be used on any of its railroad lines—

(1) a vehicle only if it is equipped with—

(A) couplers coupling automatically by impact, and

capable of being uncoupled, without the necessity of individuals going between the ends of the vehicles;

(B) secure sill steps and efficient hand brakes; and

(C) secure ladders and running boards when required

by the Secretary of Transportation, and, if ladders are

required, secure handholds or grab irons on its roof at

the top of each ladder;

(2) except as otherwise ordered by the Secretary, a vehicle

only if it is equipped with secure grab irons or handholds

on its ends and sides for greater security to individuals in

coupling and uncoupling vehicles;

(3) a vehicle only if it complies with the standard height

of drawbars required by regulations prescribed by the Secretary;

(4) a locomotive only if it is equipped with a power-driving

wheel brake and appliances for operating the train-brake system; and

(5) a train only if— (A) enough of the vehicles in the train are equipped

with power or train brakes so that the engineer on the

locomotive hauling the train can control the train’s speed

without the necessity of brake operators using the common

hand brakes for that purpose; and
H. R. 1758—138

(B) at least 50 percent of the vehicles in the train

are equipped with power or train brakes and the engineer

is using the power or train brakes on those vehicles and

on all other vehicles equipped with them that are associated

with those vehicles in the train.

(b) REFUSAL TO RECEIVE VEHICLES NOT PROPERLY EQUIPPED.—

A railroad carrier complying with subsection (a)(5)(A) of this section

may refuse to receive from a railroad line of a connecting railroad

carrier or a shipper a vehicle that is not equipped with power

or train brakes that will work and readily interchange with the

power or train brakes in use on the vehicles of the complying

railroad carrier.

(c) COMBINED VEHICLES LOADING AND HAULING LONG COMMODITIES.—Notwithstanding subsection (a)(1)(B) of this section, when

vehicles are combined to load and haul long commodities, only

one of the vehicles must have hand brakes during the loading

and hauling.

(d) AUTHORITY TO CHANGE REQUIREMENTS.—The Secretary

may—

(1) change the number, dimensions, locations, and manner

of application prescribed by the Secretary for safety appliances

required by subsection (a)(1)(B) and (C) and (2) of this section

only for good cause and after providing an opportunity for

a full hearing;

(2) amend regulations for installing, inspecting, maintaining, and repairing power and train brakes only for the purpose

of achieving safety; and

(3) increase, after an opportunity for a full hearing, the

minimum percentage of vehicles in a train that are required

by subsection (a)(5)(B) of this section to be equipped and used

with power or train brakes.

(e) SERVICES OF ASSOCIATION OF AMERICAN RAILROADS.—In

carrying out subsection (d)(2) and (3) of this section, the Secretary

may use the services of the Association of American Railroads.

§ 20303. Moving defective and insecure vehicles needing

repairs

(a) GENERAL.—A vehicle that is equipped in compliance with

this chapter whose equipment becomes defective or insecure nevertheless may be moved when necessary to make repairs, without

a penalty being imposed under section 21302 of this title, from

the place at which the defect or insecurity was first discovered

to the nearest available place at which the repairs can be made—

(1) on the railroad line on which the defect or insecurity

was discovered; or

(2) at the option of a connecting railroad carrier, on the

railroad line of the connecting carrier, if not farther than the

place of repair described in clause (1) of this subsection.

(b) USE OF CHAINS INSTEAD OF DRAWBARS.—A vehicle in a

revenue train or in association with commercially-used vehicles

may be moved under this section with chains instead of drawbars

only when the vehicle contains livestock or perishable freight.

(c) LIABILITY.—The movement of a vehicle under this section

is at the risk only of the railroad carrier doing the moving. This

section does not relieve a carrier from liability in a proceeding

to recover damages for death or injury of a railroad employee

arising from the movement of a vehicle with equipment that is
H. R. 1758—139

defective, insecure, or not maintained in compliance with this

chapter.

§ 20304. Assumption of risk by employees

An employee of a railroad carrier injured by a vehicle or train used in violation of section 20302(a)(1)(A), (2), (4), or (5)(A) of

this title does not assume the risk of injury resulting from the

violation, even if the employee continues to be employed by the

carrier after learning of the violation.

§ 20305. Inspection of mail cars

The Secretary of Transportation shall inspect the construction,

adaptability, design, and condition of mail cars used on railroads

in the United States. The Secretary shall make a report on the

inspection and submit a copy of the report to the United States

Postal Service.

§ 20306. Exemption for technological improvements

(a) GENERAL.—Subject to subsection (b) of this section, the

Secretary of Transportation may exempt from the requirements

of this chapter railroad equipment or equipment that will be operated on rails, when those requirements preclude the development

or implementation of more efficient railroad transportation equipment or other transportation innovations under existing law.

(b) CONDITIONS FOR EXEMPTION.—The Secretary may grant

an exemption under subsection (a) of this section only on the basis

of—

(1) findings based on evidence developed at a hearing;

or

(2) an agreement between national railroad labor representatives and the developer of the new equipment or technology.

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.

§ 20501. Definition

In this chapter, ‘‘signal system’’ means a block signal system,

an interlocking, automatic train stop, train control, or cab-signal

device, or a similar appliance, method, device, or system intended

to promote safety in railroad operations.

§ 20502. Requirements for installation and use

(a) INSTALLATION.—(1) When the Secretary of Transportation

decides after an investigation that it is necessary in the public

interest, the Secretary may order a railroad carrier to install, on

any part of its railroad line, a signal system that complies with

requirements of the Secretary. The order must allow the carrier

a reasonable time to complete the installation. A carrier may discontinue or materially alter a signal system required under this

paragraph only with the approval of the Secretary.

(2) A railroad carrier ordered under paragraph (1) of this subsection to install a signal system on one part of its railroad line

may not be held negligent for not installing the system on any
H. R. 1758—140

part of its line that was not included in the order. If an accident

or incident occurs on a part of the line on which the signal system

was not required to be installed and was not installed, the use

of the system on another part of the line may not be considered

in a civil action brought because of the accident or incident.

(b) USE.—A railroad carrier may allow a signal system to

be used on its railroad line only when the system, including its

controlling and operating appurtenances—

(1) may be operated safely without unnecessary risk of

personal injury; and

(2) has been inspected and can meet any test prescribed

under this chapter.

§ 20503. Amending regulations and changing requirements

The Secretary of Transportation may amend a regulation or

change a requirement applicable to a railroad carrier for installing,

maintaining, inspecting, or repairing a signal system under this

chapter—

(1) when the carrier files with the Secretary a request

for the amendment or change and the Secretary approves the

request; or

(2) on the Secretary’s own initiative for good cause shown.

§ 20504. Inspection, testing, and investigation

(a) SYSTEMS IN USE.—(1) The Secretary of Transportation

may— (A) inspect and test a signal system used by a railroad

carrier; and

(B) decide whether the system is in safe operating

condition.

(2) In carrying out this subsection, the Secretary may employ

only an individual who—

(A) has no interest in a patented article required to be

used on or with a signal system; and

(B) has no financial interest in a railroad carrier or in

a concern dealing in railroad supplies.

(b) SYSTEMS SUBMITTED FOR INVESTIGATION AND TESTING.—

The Secretary may investigate, test, and report on the use of

and need for a signal system, without cost to the United States

Government, when the system is submitted in completed shape

for investigation and testing.

§ 20505. Reports of malfunctions and accidents

In the way and to the extent required by the Secretary of

Transportation, a railroad carrier shall report to the Secretary

a failure of a signal system to function as intended. If the failure

results in an accident or incident causing injury to an individual

or property that is required to be reported under regulations prescribed by the Secretary, the carrier owning or maintaining the

signal system shall report to the Secretary immediately in writing

the fact of the accident or incident.

CHAPTER 207—LOCOMOTIVES

Sec.

20701. Requirements for use.

20702. Inspections, repairs, and inspection and repair reports.

20703. Accident reports and investigations.
H. R. 1758—141

§ 20701. Requirements for use

A railroad carrier may use or allow to be used a locomotive or tender on its railroad line only when the locomotive or tender

and its parts and appurtenances— (1) are in proper condition and safe to operate without

unnecessary danger of personal injury; (2) have been inspected as required under this chapter

and regulations prescribed by the Secretary of Transportation

under this chapter; and (3) can withstand every test prescribed by the Secretary under this chapter.

§ 20702. Inspections, repairs, and inspection and repair

reports

(a) GENERAL.—The Secretary of Transportation shall— (1) become familiar, so far as practicable, with the condition

of every locomotive and tender and its parts and appurtenances; (2) inspect every locomotive and tender and its parts and appurtenances as necessary to carry out this chapter, but not

necessarily at stated times or at regular intervals; and (3) ensure that every railroad carrier makes inspections of locomotives and tenders and their parts and appurtenances

as required by regulations prescribed by the Secretary and

repairs every defect that is disclosed by an inspection before

a defective locomotive, tender, part, or appurtenance is used

again.

(b) NONCOMPLYING LOCOMOTIVES, TENDERS, AND PARTS.—(1)

When the Secretary finds that a locomotive, tender, or locomotive

or tender part or appurtenance owned or operated by a railroad

carrier does not comply with this chapter or a regulation prescribed

under this chapter, the Secretary shall give the carrier written

notice describing any defect resulting in noncompliance. Not later

than 5 days after receiving the notice of noncompliance, the carrier

may submit a written request for a reinspection. On receiving

the request, the Secretary shall provide for the reinspection by

an officer or employee of the Department of Transportation who

did not make the original inspection. The reinspection shall be

made not later than 15 days after the date the Secretary gives

the notice of noncompliance.

(2) Immediately after the reinspection is completed, the Secretary shall give written notice to the railroad carrier stating

whether the locomotive, tender, part, or appurtenance is in compliance. If the original finding of noncompliance is sustained, the

carrier has 30 days after receipt of the notice to file an appeal

with the Secretary. If the carrier files an appeal, the Secretary,

after providing an opportunity for a proceeding, may revise or

set aside the finding of noncompliance.

(3) A locomotive, tender, part, or appurtenance found not in

compliance under this subsection may be used only after it is—

(A) repaired to comply with this chapter and regulations

prescribed under this chapter; or

(B) found on reinspection or appeal to be in compliance.

(c) REPORTS.—A railroad carrier shall make and keep, in the

way the Secretary prescribes by regulation, a report of every— (1) inspection made under regulations prescribed by the

Secretary; and (2) repair made of a defect disclosed by such an inspection.
H. R. 1758—142

(d) CHANGES IN INSPECTION PROCEDURES.—A railroad carrier

may change a rule or instruction of the carrier governing the

inspection by the carrier of the locomotives and tenders and locomotive and tender parts and appurtenances of the carrier when

the Secretary approves a request filed by the carrier to make

the change.

§ 20703. Accident reports and investigations

(a) ACCIDENT REPORTS AND SCENE PRESERVATION.—When the

failure of a locomotive, tender, or locomotive or tender part or

appurtenance results in an accident or incident causing serious

personal injury or death, the railroad carrier owning or operating

the locomotive or tender—

(1) immediately shall file with the Secretary of Transportation a written statement of the fact of the accident or incident;

and

(2) when the locomotive is disabled to the extent it cannot

be operated under its own power, shall preserve intact all

parts affected by the accident or incident, if possible without

interfering with traffic, until an investigation of the accident

or incident is completed.

(b) INVESTIGATIONS.—The Secretary shall—

(1) investigate each accident and incident reported under

subsection (a) of this section;

(2) inspect each part affected by the accident or incident;

and

(3) make a complete and detailed report on the cause

of the accident or incident.

(c) PUBLICATION AND USE OF INVESTIGATION REPORTS.—When

the Secretary considers publication to be in the public interest,

the Secretary may publish a report of an investigation made under

this section, stating the cause of the accident or incident and

making appropriate recommendations. No part of a report may

be admitted into evidence or used in a civil action for damages

resulting from a matter mentioned in the report.

CHAPTER 209—ACCIDENTS AND INCIDENTS

Sec.

20901. Reports.

20902. Investigations.

20903. Reports not evidence in civil actions for damages.

§ 20901. Reports

(a) GENERAL REQUIREMENTS.—Not later than 30 days after

the end of each month, a railroad carrier shall file a report with

the Secretary of Transportation on all accidents and incidents

resulting in injury or death to an individual or damage to equipment

or a roadbed arising from the carrier’s operations during the month.

The report shall be under oath and shall state the nature, cause,

and circumstances of each reported accident or incident. If a railroad

carrier assigns human error as a cause, the report shall include,

at the option of each employee whose error is alleged, a statement

by the employee explaining any factors the employee alleges contributed to the accident or incident.

(b) MONETARY THRESHOLD FOR REPORTING.—(1) In establishing

or changing a monetary threshold for the reporting of a railroad
H. R. 1758—143

accident or incident, the Secretary shall base damage cost calculations only on publicly available information obtained from—

(A) the Bureau of Labor Statistics; or

(B) another department, agency, or instrumentality of the

United States Government if the information has been collected

through objective, statistically sound survey methods or has

been previously subject to a public notice and comment process

in a proceeding of a Government department, agency, or

instrumentality.

(2) If information is not available as provided in paragraph

(1)(A) or (B) of this subsection, the Secretary may use any other

source to obtain the information. However, use of the information

shall be subject to public notice and an opportunity for written

comment.

§ 20902. Investigations

(a) GENERAL AUTHORITY.—The Secretary of Transportation, or

an impartial investigator authorized by the Secretary, may investigate—

(1) an accident or incident resulting in serious injury to

an individual or to railroad property, occurring on the railroad

line of a railroad carrier; and

(2) an accident or incident reported under section 20505

of this title.

(b) OTHER DUTIES AND POWERS.—In carrying out an investigation, the Secretary or authorized investigator may subpena witnesses, require the production of records, exhibits, and other evidence, administer oaths, and take testimony. If the accident or

incident is investigated by a commission of the State in which

it occurred, the Secretary, if convenient, shall carry out the investigation at the same time as, and in coordination with, the commission’s investigation. The railroad carrier on whose railroad line

the accident or incident occurred shall provide reasonable facilities

to the Secretary for the investigation.

(c) REPORTS.—When in the public interest, the Secretary shall

make a report of the investigation, stating the cause of the accident

or incident and making recommendations the Secretary considers

appropriate. The Secretary shall publish the report in a way the

Secretary considers appropriate.

§ 20903. Reports not evidence in civil actions for damages

No part of an accident or incident report filed by a railroad

carrier under section 20901 of this title or made by the Secretary

of Transportation under section 20902 of this title may be used

in a civil action for damages resulting from a matter mentioned

in the report.

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.
H. R. 1758—144

§ 21101. Definitions

In this chapter—

(1) ‘‘designated terminal’’ means the home or away-fromhome terminal for the assignment of a particular crew.

(2) ‘‘dispatching service employee’’ means an operator, train

dispatcher, or other train employee who by the use of an

electrical or mechanical device dispatches, reports, transmits,

receives, or delivers orders related to or affecting train movements.

(3) ‘‘employee’’ means a dispatching service employee, a

signal employee, or a train employee.

(4) ‘‘signal employee’’ means an individual employed by

a railroad carrier who is engaged in installing, repairing, or

maintaining signal systems.

(5) ‘‘train employee’’ means an individual engaged in or

connected with the movement of a train, including a hostler.

§ 21102. Nonapplication and exemption

(a) GENERAL.—This chapter does not apply to a situation involving any of the following: (1) a casualty.

(2) an unavoidable accident.

(3) an act of God.

(4) a delay resulting from a cause unknown and unforeseeable to a railroad carrier or its officer or agent in charge

of the employee when the employee left a terminal.

(b) EXEMPTION.—The Secretary of Transportation may exempt

a railroad carrier having not more than 15 employees covered

by this chapter from the limitations imposed by this chapter. The

Secretary may allow the exemption after a full hearing, for good

cause shown, and on deciding that the exemption is in the public

interest and will not affect safety adversely. The exemption shall

be for a specific period of time and is subject to review at least

annually. The exemption may not authorize a carrier to require

or allow its employees to be on duty more than a total of 16

hours in a 24-hour period.

§ 21103. Limitations on duty hours of train employees

(a) GENERAL.—Except as provided in subsection (c) of this section, a railroad carrier and its officers and agents may not require

or allow a train employee to remain or go on duty— (1) unless that employee has had at least 8 consecutive

hours off duty during the prior 24 hours; or (2) after that employee has been on duty for 12 consecutive

hours, until that employee has had at least 10 consecutive

hours off duty.

(b) DETERMINING TIME ON DUTY.—In determining under subsection (a) of this section the time a train employee is on or

off duty, the following rules apply:

(1) Time on duty begins when the employee reports for

duty and ends when the employee is finally released from

duty.

(2) Time the employee is engaged in or connected with

the movement of a train is time on duty.

(3) Time spent performing any other service for the railroad

carrier during a 24-hour period in which the employee is
H. R. 1758—145

engaged in or connected with the movement of a train is time

on duty.

(4) Time spent in deadhead transportation to a duty assignment is time on duty, but time spent in deadhead transportation

from a duty assignment to the place of final release is neither

time on duty nor time off duty.

(5) An interim period available for rest at a place other

than a designated terminal is time on duty.

(6) An interim period available for less than 4 hours rest

at a designated terminal is time on duty.

(7) An interim period available for at least 4 hours rest

at a place with suitable facilities for food and lodging is not

time on duty when the employee is prevented from getting

to the employee’s designated terminal by any of the following:

(A) a casualty.

(B) a track obstruction.

(C) an act of God.

(D) a derailment or major equipment failure resulting

from a cause that was unknown and unforeseeable to the

railroad carrier or its officer or agent in charge of that

employee when that employee left the designated terminal.

(c) EMERGENCIES.—A train employee on the crew of a wreck

or relief train may be allowed to remain or go on duty for not

more than 4 additional hours in any period of 24 consecutive hours

when an emergency exists and the work of the crew is related

to the emergency. In this subsection, an emergency ends when

the track is cleared and the railroad line is open for traffic.

§ 21104. Limitations on duty hours of signal employees

(a) GENERAL.—(1) In paragraph (2)(C) of this subsection, ‘‘24-

hour period’’ means the period beginning when a signal employee

reports for duty immediately after 8 consecutive hours off duty

or, when required under paragraph (2)(B) of this subsection, after

10 consecutive hours off duty.

(2) Except as provided in subsection (c) of this section, a railroad

carrier and its officers and agents may not require or allow a

signal employee to remain or go on duty—

(A) unless that employee has had at least 8 consecutive

hours off duty during the prior 24 hours;

(B) after that employee has been on duty for 12 consecutive

hours, until that employee has had at least 10 consecutive

hours off duty; or

(C) after that employee has been on duty a total of 12

hours during a 24-hour period, or after the end of that 24-

hour period, whichever occurs first, until that employee has

had at least 8 consecutive hours off duty.

(b) DETERMINING TIME ON DUTY.—In determining under subsection (a) of this section the time a signal employee is on duty

or off duty, the following rules apply:

(1) Time on duty begins when the employee reports for

duty and ends when the employee is finally released from

duty.

(2) Time spent performing any other service for the railroad

carrier during a 24-hour period in which the employee is

engaged in installing, repairing, or maintaining signal systems

is time on duty.
H. R. 1758—146

(3) Time spent returning from a trouble call, whether the

employee goes directly to the employee’s residence or by way

of the employee’s headquarters, is neither time on duty nor

time off duty, except that up to one hour of that time spent

returning from the final trouble call of a period of continuous

or broken service is time off duty.

(4) If, at the end of scheduled duty hours, an employee

has not completed the trip from the final outlying worksite

of the duty period to the employee’s headquarters or directly

to the employee’s residence, the time after the scheduled duty

hours necessarily spent in completing the trip to the residence

or headquarters is neither time on duty nor time off duty.

(5) If an employee is released from duty at an outlying

worksite before the end of the employee’s scheduled duty hours

to comply with this section, the time necessary for the trip

from the worksite to the employee’s headquarters or directly

to the employee’s residence is neither time on duty nor time

off duty.

(6) Time spent in transportation on an ontrack vehicle,

including time referred to in paragraphs (3)–(5) of this subsection, is time on duty.

(7) A regularly scheduled meal period or another release

period of at least 30 minutes but not more than one hour

is time off duty and does not break the continuity of service

of the employee under this section, but a release period of

more than one hour is time off duty and does break the continuity of service.

(c) EMERGENCIES.—A signal employee may be allowed to remain

or go on duty for not more than 4 additional hours in any period

of 24 consecutive hours when an emergency exists and the work

of that employee is related to the emergency. In this subsection,

an emergency ends when the signal system is restored to service.

§ 21105. Limitations on duty hours of dispatching service

employees

(a) APPLICATION.—This section applies, rather than section

21103 or 21104 of this title, to a train employee or signal employee

during any period of time the employee is performing duties of

a dispatching service employee. (b) GENERAL.—Except as provided in subsection (d) of this

section, a dispatching service employee may not be required or

allowed to remain or go on duty for more than— (1) a total of 9 hours during a 24-hour period in a tower,

office, station, or place at which at least 2 shifts are employed;

or

(2) a total of 12 hours during a 24-hour period in a tower,

office, station, or place at which only one shift is employed.

(c) DETERMINING TIME ON DUTY.—Under subsection (b) of this

section, time spent performing any other service for the railroad

carrier during a 24-hour period in which the employee is on duty

in a tower, office, station, or other place is time on duty in that

tower, office, station, or place.

(d) EMERGENCIES.—When an emergency exists, a dispatching

service employee may be allowed to remain or go on duty for

not more than 4 additional hours during a period of 24 consecutive

hours for not more than 3 days during a period of 7 consecutive

days.
H. R. 1758—147

§ 21106. Limitations on employee sleeping quarters

A railroad carrier and its officers and agents— (1) may provide sleeping quarters (including crew quarters, camp or bunk cars, and trailers) for employees, and any individuals employed to maintain the right of way of a railroad carrier,

only if the sleeping quarters are clean, safe, and sanitary and

give those employees and individuals an opportunity for rest

free from the interruptions caused by noise under the control

of the carrier; and

(2) may not begin, after July 7, 1976, construction or reconstruction of sleeping quarters referred to in clause (1)

of this section in an area or in the immediate vicinity of

an area, as determined under regulations prescribed by the

Secretary of Transportation, in which railroad switching or

humping operations are performed.

§ 21107. Maximum duty hours and subjects of collective bargaining

The number of hours established by this chapter that an employee may be required or allowed to be on duty is the maximum

number of hours consistent with safety. Shorter hours of service

and time on duty of an employee are proper subjects for collective

bargaining between a railroad carrier and its employees.

CHAPTER 213—PENALTIES

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.

SUBCHAPTER I—CIVIL PENALTIES

§ 21301. Chapter 201 general violations

(a) PENALTY.—(1) Subject to section 21304 of this title, a person violating a regulation prescribed or order issued by the Secretary

of Transportation under chapter 201 of this title is liable to the

United States Government for a civil penalty. The Secretary shall

impose the penalty applicable under paragraph (2) of this subsection. A separate violation occurs for each day the violation continues.

(2) The Secretary shall include in, or make applicable to, each

regulation prescribed and order issued under chapter 201 of this

title a civil penalty for a violation. The amount of the penalty

shall be at least $500 but not more than $10,000. However, when

a grossly negligent violation or a pattern of repeated violations

has caused an imminent hazard of death or injury to individuals,

or has caused death or injury, the amount may be not more than

$20,000.

(3) The Secretary may compromise the amount of a civil penalty

imposed under this subsection to not less than $500 before referring

the matter to the Attorney General for collection. In determining

the amount of a compromise, the Secretary shall consider—
H. R. 1758—148

(A) the nature, circumstances, extent, and gravity of the

violation;

(B) with respect to the violator, the degree of culpability,

any history of violations, the ability to pay, and any effect

on the ability to continue to do business; and

(C) other matters that justice requires.

(b) SETOFF.—The Government may deduct the amount of a

civil penalty imposed or compromised under this section from

amounts it owes the person liable for the penalty.

(c) DEPOSIT IN TREASURY.—A civil penalty collected under this

section or section 20113(b) of this title shall be deposited in the

Treasury as miscellaneous receipts.

§ 21302. Chapter 201 accident and incident violations and

chapter 203–209 violations

(a) PENALTY.—(1) Subject to section 21304 of this title, a person

violating a regulation prescribed or order issued under chapter

201 of this title related to accident and incident reporting or investigation, or violating chapters 203–209 of this title or a regulation

or requirement prescribed or order issued under chapters 203–

209, is liable to the United States Government for a civil penalty.

An act by an individual that causes a railroad carrier to be in

violation is a violation. A separate violation occurs for each day

the violation continues.

(2) The Secretary of Transportation imposes a civil penalty

under this subsection. The amount of the penalty shall be at least

$500 but not more than $10,000. However, when a grossly negligent

violation or a pattern of repeated violations has caused an imminent

hazard of death or injury to individuals, or has caused death or

injury, the amount may be not more than $20,000.

(3) The Secretary may compromise the amount of the civil

penalty under section 3711 of title 31. In determining the amount

of a compromise, the Secretary shall consider—

(A) the nature, circumstances, extent, and gravity of the

violation;

(B) with respect to the violator, the degree of culpability,

any history of violations, the ability to pay, and any effect

on the ability to continue to do business; and

(C) other matters that justice requires.

(4) If the Secretary does not compromise the amount of the

civil penalty, the Secretary shall refer the matter to the Attorney

General for collection.

(b) CIVIL ACTIONS TO COLLECT.—The Attorney General shall

bring a civil action in a district court of the United States to

collect a civil penalty that is referred to the Attorney General

for collection under subsection (a) of this section. The action may

be brought in the judicial district in which the violation occurred

or the defendant has its principal executive office. If the action

is against an individual, the action also may be brought in the

judicial district in which the individual resides.

§ 21303. Chapter 211 violations

(a) PENALTY.—(1) Subject to section 21304 of this title, a person

violating chapter 211 of this title is liable to the United States

Government for a civil penalty. An act by an individual that causes

a railroad carrier to be in violation is a violation. For a violation
H. R. 1758—149

of section 21106 of this title, a separate violation occurs for each

day a facility is not in compliance.

(2) The Secretary of Transportation imposes a civil penalty

under this subsection. The amount of the penalty shall be at least

$500 but not more than $10,000. However, when a grossly negligent

violation or a pattern of repeated violations has caused an imminent

hazard of death or injury to individuals, or has caused death or

injury, the amount may be not more than $20,000.

(3) The Secretary may compromise the amount of the civil

penalty under section 3711 of title 31. In determining the amount

of a compromise, the Secretary shall consider—

(A) the nature, circumstances, extent, and gravity of the

violation;

(B) with respect to the violator, the degree of culpability,

any history of violations, the ability to pay, and any effect

on the ability to continue to do business; and

(C) other matters that justice requires.

(4) If the Secretary does not compromise the amount of the

civil penalty, the Secretary shall refer the matter to the Attorney

General for collection.

(b) CIVIL ACTIONS TO COLLECT.—(1) The Attorney General shall

bring a civil action in a district court of the United States to

collect a civil penalty that is referred to the Attorney General

for collection under subsection (a) of this section after satisfactory

information is presented to the Attorney General. The action may

be brought in the judicial district in which the violation occurred

or the defendant has its principal executive office. If the action

is against an individual, the action also may be brought in the

judicial district in which the individual resides. (2) A civil action under this subsection must be brought not

later than 2 years after the date of the violation unless administrative notification under section 3711 of title 31 is given within

that 2-year period to the person committing the violation. However,

even if notification is given, the action must be brought within

the period specified in section 2462 of title 28.

(c) IMPUTATION OF KNOWLEDGE.—In any proceeding under this

section, a railroad carrier is deemed to know the acts of its officers

and agents.

§ 21304. Willfulness requirement for penalties against

individuals

A civil penalty under this subchapter may be imposed against

an individual only for a willful violation. An individual is deemed

not to have committed a willful violation if the individual was

following the direct order of a railroad carrier official or supervisor

under protest communicated to the official or supervisor. The

individual is entitled to document the protest.

SUBCHAPTER II—CRIMINAL PENALTIES

§ 21311. Records and reports

(a) RECORDS AND REPORTS UNDER CHAPTER 201.—A person

shall be fined under title 18, imprisoned for not more than 2

years, or both, if the person knowingly and willfully—

(1) makes a false entry in a record or report required

to be made or preserved under chapter 201 of this title;
H. R. 1758—150

(2) destroys, mutilates, changes, or by another means falsifies such a record or report;

(3) does not enter required specified facts and transactions

in such a record or report;

(4) makes or preserves such a record or report in violation

of a regulation prescribed or order issued under chapter 201

of this title; or

(5) files a false record or report with the Secretary of

Transportation.

(b) ACCIDENT AND INCIDENT REPORTS.—A railroad carrier not

filing the report required by section 20901 of this title shall be

fined not more than $500 for each violation and not more than

$500 for each day during which the report is overdue.

PART B—ASSISTANCE

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.

§ 22101. Financial assistance for State projects

(a) GENERAL.—The Secretary of Transportation shall provide

financial assistance to a State, as provided under this chapter,

for a rail freight assistance project of the State when a rail carrier

subject to subchapter I of chapter 105 of this title maintains a

rail line in the State. The assistance is for the cost of—

(1) acquiring, in any way the State considers appropriate,

an interest in a rail line or rail property to maintain existing,

or to provide future, rail freight transportation, but only if

the Interstate Commerce Commission has authorized, or

exempted from the requirements of that authorization, the

abandonment of, or the discontinuance of rail transportation

on, the rail line related to the project;

(2) improving and rehabilitating rail property on a rail

line to the extent necessary to allow adequate and efficient

rail freight transportation on the line, but only if the rail

carrier certifies that the rail line related to the project carried

not more than 5,000,000 gross ton-miles of freight a mile in

the prior year; and

(3) building rail or rail-related facilities (including new

connections between at least 2 existing rail lines, intermodal

freight terminals, sidings, bridges, and relocation of existing

lines) to improve the quality and efficiency of the rail freight

transportation, but only if the rail carrier certifies that the

rail line related to the project carried not more than 5,000,000

gross ton-miles of freight a mile in the prior year.

(b) CALCULATING COST-BENEFIT RATIO.—The Secretary shall

establish a methodology for calculating the ratio of benefits to

costs of projects proposed under this chapter. In establishing the

methodology, the Secretary shall consider the need for equitable

treatment of different regions of the United States and different
H. R. 1758—151

commodities transported by rail. The establishment of the methodology is committed to the discretion of the Secretary.

(c) CONDITIONS.—(1) Assistance for a project shall be provided

under this chapter only if—

(A) a rail carrier certifies that the rail line related to

the project carried more than 20 carloads a mile during the

most recent year during which transportation was provided

by the carrier on the line; and

(B) the ratio of benefits to costs for the project, as calculated

using the methodology established under subsection (b) of this

section, is more than 1.0.

(2) If the rail carrier that provided the transportation on the

rail line is no longer in existence, the applicant for the project

shall provide the information required by the certification under

paragraph (1)(A) of this subsection in the way the Secretary

prescribes.

(3) The Secretary may waive the requirement of paragraph

(1)(A) or (2) of this subsection if the Secretary—

(A) decides that the rail line has contractual guarantees

of at least 40 carloads a mile for each of the first 2 years

of operation of the proposed project; and

(B) finds that there is a reasonable expectation that the

contractual guarantees will be fulfilled.

(d) LIMITATIONS ON AMOUNTS.—A State may not receive more

than 15 percent of the amounts provided in a fiscal year under

this chapter. Not more than 20 percent of the amounts available

under this chapter may be provided in a fiscal year for any one

project.

§ 22102. Eligibility

A State is eligible to receive financial assistance under this

chapter only when the State complies with regulations the Secretary

of Transportation prescribes under this chapter and the Secretary

decides that—

(1) the State has an adequate plan for rail transportation

in the State and a suitable process for updating, revising,

and modifying the plan;

(2) the State plan is administered or coordinated by a

designated State authority and provides for a fair distribution

of resources;

(3) the State authority—

(A) is authorized to develop, promote, supervise, and

support safe, adequate, and efficient rail transportation;

(B) employs or will employ sufficient qualified and

trained personnel;

(C) maintains or will maintain adequate programs of

investigation, research, promotion, and development with

opportunity for public participation; and

(D) is designated and directed to take all practicable

steps (by itself or with other State authorities) to improve

rail transportation safety and reduce energy use and pollution related to transportation; and

(4) the State has ensured that it maintains or will maintain

adequate procedures for financial control, accounting, and

performance evaluation for the proper use of assistance provided by the United States Government.
H. R. 1758—152

§ 22103. Applications

(a) FILING.—A State must file an application with the Secretary

of Transportation for financial assistance for a project described

under section 22101(a) of this title not later than January 1 of

the fiscal year for which amounts have been appropriated. However,

for a fiscal year for which the authorization of appropriations for

assistance under this chapter has not been enacted by the first

day of the fiscal year, the State must file the application not

later than 90 days after the date of enactment of a law authorizing

the appropriations for that fiscal year. The Secretary shall prescribe

the form of the application.

(b) CONSIDERATIONS.—In considering an application under this

subsection, the Secretary shall consider the following:

(1) the percentage of rail lines that rail carriers have identified to the Interstate Commerce Commission for abandonment

or potential abandonment in the State.

(2) the likelihood of future abandonments in the State.

(3) the ratio of benefits to costs for a proposed project

calculated using the methodology established under section

22101(b) of this title.

(4) the likelihood that the rail line will continue operating

with assistance.

(5) the impact of rail bankruptcies, rail restructuring, and

rail mergers on the State.

§ 22104. State rail plan financing

(a) ENTITLEMENT AND USES.—On the first day of each fiscal

year, each State is entitled to $36,000 of the amounts made available under section 22108 of this title during that fiscal year to

be used—

(1) to establish, update, revise, and modify the State plan

required by section 22102 of this title; or

(2) to carry out projects described in section 22101(a)(1),

(2), or (3) of this title, as designated by the State, if those

projects meet the requirements of section 22101(c)(1)(B) of this

title.

(b) APPLICATIONS.—Each State must apply for amounts under

this section not later than the first day of the fiscal year for

which the amounts are available. However, for any fiscal year

for which the authorization of appropriations for financial assistance

under this chapter has not been enacted by the first day of the

fiscal year, the State must apply for amounts under this section

not later than 60 days after the date of enactment of a law authorizing the appropriations for that fiscal year. Not later than 60 days

after receiving an application, the Secretary of Transportation shall

consider the application and notify the State of the approval or

disapproval of the application.

(c) AVAILABILITY OF AMOUNTS.—Amounts provided under this

section remain available to a State for obligation for the first

3 months after the end of the fiscal year for which the amounts

were made available. Amounts not applied for under this section

or that remain unobligated after the first 3 months after the end

of the fiscal year for which the amounts were made available

are available to the Secretary for projects meeting the requirements

of this chapter.
H. R. 1758—153

§ 22105. Sharing project costs

(a) GENERAL.—(1) The United States Government’s share of

the costs of financial assistance for a project under this chapter

is 50 percent, except that for assistance provided under section

22101(a)(2) of this title, the Government’s share is 70 percent.

The State may pay its share of the costs in cash or through the

following benefits, to the extent that the benefits otherwise would

not be provided: (A) forgiveness of taxes imposed on a rail carrier or its

property. (B) real and tangible personal property (provided by the State or a person for the State) necessary for the safe and

efficient operation of rail freight transportation. (C) track rights secured by the State for a rail carrier.

(D) the cash equivalent of State salaries for State employees working on the State project, except overhead and general

administrative costs.

(2) A State may pay more than its required percentage share of the costs of a project under this chapter. When a State, or

a person acting for a State, pays more than the State share of

the costs of its projects during a fiscal year, the excess amount

shall be applied to the State share for the costs of the State

projects for later fiscal years. (b) AGREEMENTS TO COMBINE AMOUNTS.—States may agree to combine any part of the amounts made available under this

chapter to carry out a project that is eligible for assistance under

this chapter when— (1) the project will benefit each State making the agree- ment; and

(2) the agreement is not a violation of State law.

§ 22106. Limitations on financial assistance

(a) GRANTS AND LOANS.—A State shall use financial assistance

for projects under this chapter to make a grant or lend money

to the owner of rail property, or a rail carrier providing rail

transportation, related to a project being assisted. The State shall

decide on the financial terms of the grant or loan, except that

the time for making grant advances shall comply with regulations

of the Secretary of the Treasury. (b) HOLDING AND USE OF GOVERNMENT’S SHARE.—The State

shall place the United States Government’s share of money that

is repaid in an interest-bearing account. However, the Secretary

of Transportation may allow a borrower to place that money, for

the benefit of the State, in a bank designated by the Secretary

of the Treasury under section 10 of the Act of June 11, 1942

(12 U.S.C. 265). The State shall use the money and accumulated

interest to make other grants and loans under this chapter.

(c) PAYMENT OF UNUSED MONEY AND ACCUMULATED

INTEREST.—The State may pay the Secretary of Transportation

the Government’s share of unused money and accumulated interest

at any time. However, the State must pay the unused money

and accumulated interest to the Secretary when the State ends

its participation under this chapter.

(d) ENCOURAGING PARTICIPATION.—To the maximum extent possible, the State shall encourage the participation of shippers, rail

carriers, and local communities in paying the State share of assistance costs.
H. R. 1758—154

(e) RETENTION OF CONTINGENT INTEREST.—Each State shall

retain a contingent interest (redeemable preference shares) for the

Government’s share of amounts in a rail line receiving assistance

under this chapter. The State may collect its share of the amounts

used for the rail line if—

(1) an application for abandonment of the rail line is filed

under chapter 109 of this title; or

(2) the rail line is sold or disposed of after it has received

assistance under this chapter.

§ 22107. Records, audits, and information

(a) RECORDS.—Each recipient of financial assistance through

an arrangement under this chapter shall keep records required

by the Secretary of Transportation. The records shall be kept for

3 years after a project is completed and shall disclose—

(1) the amount of, and disposition by the recipient, of

the assistance;

(2) the total costs of the project for which the assistance

was given or used;

(3) the amount of that part of the costs of the project

paid by other sources; and

(4) any other records that will make an effective audit

easier.

(b) AUDITS.—The Secretary and the Comptroller General shall

make regular financial and performance audits, as provided under

chapter 75 of title 31, of activities and transactions assisted under

this chapter.

(c) INFORMATION.—The Interstate Commerce Commission shall

provide the Secretary with information the Secretary requests to

assist in carrying out this chapter. The Commission shall provide

the information not later than 30 days after receiving a request

from the Secretary. (d) LIST OF RAIL LINES.—Not later than August 1 of each

year, each rail carrier subject to subchapter I of chapter 105 of

this title shall submit to the Secretary a list of the rail lines

of the carrier that carried not more than 5,000,000 gross tonmiles of freight a mile in the prior year.

§ 22108. Authorization of appropriations

(a) GENERAL.—(1) Not more than the following amounts may

be appropriated to the Secretary of Transportation to carry out

this chapter:

(A) $25,000,000 for the fiscal year ending September 30,

1993.

(B) $30,000,000 for the fiscal year ending September 30,

1994.

(2) Amounts appropriated under paragraph (1) of this subsection remain available until expended.

(3) No amount may be appropriated to the Secretary for any

period after September 30, 1994, to carry out this chapter.

(b) DISTRIBUTION OF AMOUNTS.—The Secretary shall establish

procedures necessary to ensure that amounts available to the Secretary for projects under this chapter are distributed not later

than April 1 of the fiscal year for which the amounts are appropriated. If any amounts are not distributed by April 1, the Secretary

shall report to the Committee on Energy and Commerce of the

House of Representatives and the Committee on Commerce, Science,
H. R. 1758—155

and Transportation of the Senate on the status of those amounts

and the reasons for the delay in distribution. (c) AVAILABILITY OF OTHER AMOUNTS.—Amounts appropriated to carry out section 5(i) of the Department of Transportation Act

for fiscal year 1990 that are not applied for or that remain unobligated on January 1, 1991, are available to the Secretary for projects

under this chapter.

PART C—PASSENGER TRANSPORTATION

CHAPTER 241—GENERAL

Sec.

24101. Findings, purpose, and goals. 24102. Definitions.

24103. Enforcement.

24104. Authorization of appropriations.

§ 24101. Findings, purpose, and goals

(a) FINDINGS.—(1) Public convenience and necessity require that Amtrak, to the extent its budget allows, provide modern,

cost-efficient, and energy-efficient intercity rail passenger transportation between crowded urban areas and in other areas of the

United States.

(2) Rail passenger transportation can help alleviate overcrowd- ing of airways and airports and on highways. (3) A traveler in the United States should have the greatest possible choice of transportation most convenient to the needs of

the traveler.

(4) A greater degree of cooperation is necessary among Amtrak, other rail carriers, State, regional, and local governments, the private sector, labor organizations, and suppliers of services and equipment to Amtrak to achieve a performance level sufficient to justify

expending public money. (5) Modern and efficient commuter rail passenger transpor- tation is important to the viability and well-being of major urban

areas and to the energy conservation and self-sufficiency goals

of the United States.

(6) As a rail passenger transportation entity, Amtrak should be available to operate commuter rail passenger transportation

through its subsidiary, Amtrak Commuter, under contract with

commuter authorities that do not provide the transportation themselves as part of the governmental function of the State. (7) The Northeast Corridor is a valuable resource of the United

States used by intercity and commuter rail passenger transportation

and freight transportation. (8) Greater coordination between intercity and commuter rail passenger transportation is required. (b) PURPOSE.—By using innovative operating and marketing

concepts, Amtrak shall provide intercity and commuter rail passenger transportation that completely develops the potential of modern rail transportation to meet the intercity and commuter

passenger transportation needs of the United States.

(c) GOALS.—Amtrak shall—

(1) use its best business judgment in acting to minimize

United States Government subsidies, including—

(A) increasing fares;

(B) increasing revenue from the transportation of mail

and express;
H. R. 1758—156

(C) reducing losses on food service;

(D) improving its contracts with operating rail carriers;

(E) reducing management costs; and

(F) increasing employee productivity;

(2) minimize Government subsidies by encouraging State,

regional, and local governments and the private sector to share

the cost of providing rail passenger transportation, including

the cost of operating facilities;

(3) carry out strategies to achieve immediately maximum

productivity and efficiency consistent with safe and efficient

transportation;

(4) operate Amtrak trains, to the maximum extent feasible,

to all station stops within 15 minutes of the time established

in public timetables;

(5) develop transportation on rail corridors subsidized by

States and private parties;

(6) implement schedules based on a systemwide average

speed of at least 60 miles an hour that can be achieved with

a degree of reliability and passenger comfort;

(7) encourage rail carriers to assist in improving intercity

rail passenger transportation;

(8) improve generally the performance of Amtrak through

comprehensive and systematic operational programs and

employee incentives;

(9) carry out policies that ensure equitable access to the

Northeast Corridor by intercity and commuter rail passenger

transportation;

(10) coordinate the uses of the Northeast Corridor, particularly intercity and commuter rail passenger transportation; and

(11) maximize the use of its resources, including the most

cost-effective use of employees, facilities, and real property.

(d) MINIMIZING GOVERNMENT SUBSIDIES.—To carry out subsection (c)(11) of this section, Amtrak is encouraged to make agreements with the private sector and undertake initiatives that are

consistent with good business judgment and designed to maximize

its revenues and minimize Government subsidies.

§ 24102. Definitions

In this part—

(1) ‘‘auto-ferry transportation’’ means intercity rail passenger transportation—

(A) of automobiles or recreational vehicles and their

occupants; and

(B) when space is available, of used unoccupied

vehicles.

(2) ‘‘avoidable loss’’ means the avoidable costs of providing

rail passenger transportation, less revenue attributable to the

transportation, as determined by the Interstate Commerce

Commission under section 553 of title 5.

(3) ‘‘basic system’’ means the system of intercity rail passenger transportation designated by the Secretary of Transportation under section 4 of the Amtrak Improvement Act of 1978

and approved by Congress, and transportation required to be

provided under section 24705(a) of this title and section 4(g)

of the Act, including changes in the system or transportation

that Amtrak makes using the route and service criteria.
H. R. 1758—157

(4) ‘‘commuter authority’’ means a State, local, or regional

entity established to provide, or make a contract providing

for, commuter rail passenger transportation.

(5) ‘‘commuter rail passenger transportation’’ means shorthaul rail passenger transportation in metropolitan and suburban areas usually having reduced fare, multiple-ride, and

commuter tickets and morning and evening peak period

operations.

(6) ‘‘intercity rail passenger transportation’’ means rail passenger transportation, except commuter rail passenger

transportation.

(7) ‘‘Northeast Corridor’’ means Connecticut, Delaware, the

District of Columbia, Maryland, Massachusetts, New Jersey,

New York, Pennsylvania, and Rhode Island.

(8) ‘‘rail carrier’’ means a person providing rail transportation for compensation.

(9) ‘‘rate’’ means a rate, fare, or charge for rail transportation.

(10) ‘‘regional transportation authority’’ means an entity

established to provide passenger transportation in a region.

(11) ‘‘route and service criteria’’ means the criteria and

procedures for making route and service decisions established

under section 404(c)(1)-(3)(A) of the Rail Passenger Service

Act.

§ 24103. Enforcement

(a) GENERAL.—(1) Except as provided in paragraph (2) of this

subsection, only the Attorney General may bring a civil action

for equitable relief in a district court of the United States when

Amtrak or a rail carrier—

(A) engages in or adheres to an action, practice, or policy

inconsistent with this part;

(B) obstructs or interferes with an activity authorized under

this part;

(C) refuses, fails, or neglects to discharge its duties and

responsibilities under this part; or

(D) threatens—

(i) to engage in or adhere to an action, practice, or

policy inconsistent with this part;

(ii) to obstruct or interfere with an activity authorized

by this part; or

(iii) to refuse, fail, or neglect to discharge its duties

and responsibilities under this part.

(2) An employee affected by any conduct or threat referred

to in paragraph (1) of this subsection, or an authorized employee

representative, may bring the civil action if the conduct or threat

involves a labor agreement.

(b) REVIEW OF DISCONTINUANCE OR REDUCTION.—A discontinuance of a route, a train, or transportation, or a reduction in the

frequency of transportation, by Amtrak is reviewable only in a

civil action for equitable relief brought by the Attorney General.

(c) VENUE.—Except as otherwise prohibited by law, a civil

action under this section may be brought in the judicial district

in which Amtrak or the rail carrier resides or is found.
H. R. 1758—158

§ 24104. Authorization of appropriations

(a) CAPITAL ACQUISITION AND CORRIDOR DEVELOPMENT.—(1)

Not more than $250,000,000 may be appropriated to the Secretary

of Transportation for each of the fiscal years ending September

30, 1993, and September 30, 1994, for the benefit of Amtrak to

make capital expenditures under chapters 243–247 of this title. (2) In addition to amounts that may be appropriated under section 24909 of this title, not more than the following amounts

may be appropriated to the Secretary for the benefit of Amtrak

to make capital expenditures under chapter 249 of this title: (A) $220,000,000 for the fiscal year ending September 30,

1993.

(B) $250,000,000 for the fiscal year ending September 30,

1994.

(3)(A) Not more than 15 percent of each of the amounts appro- priated under paragraphs (1) and (2) of this subsection is available

for transportation described in subparagraphs (B) and (C) of this

paragraph. (B) Amounts made available under subparagraph (A) of this paragraph shall be used to develop new intercity rail passenger

transportation on corridors between cities undergoing significant

population growth and in which the transportation reasonably can

be expected to provide travel times comparable with other surface

transportation modes. An amount may be expended for the transportation only if a State requests the transportation and the State

and Amtrak agree that— (i) Amtrak will pay at least 90 percent of the cost of acquiring rolling stock for the transportation; and (ii) the State will pay at least 90 percent of the cost of improving the right of way, including track structure, signal

systems, passenger station facilities, highway and pedestrian

grade crossings, and other safety equipment and facilities.

(C) Amounts made available under subparagraph (A) of this paragraph shall be used to begin new long distance intercity rail

passenger transportation. An amount may be expended for the

transportation only if a State requests the transportation and the

State and Amtrak agree that— (i) Amtrak will pay at least 75 percent of the cost of acquiring rolling stock for the transportation; and (ii) the State will pay at least 90 percent of the cost of improving the right of way, including track structure, signal

systems, passenger station facilities, highway and pedestrian

grade crossings, and other safety equipment and facilities.

(D) Section 24704 of this title applies to the operating expenses of transportation described in subparagraphs (B) and (C) of this

paragraph. (b) OPERATING EXPENSES.—(1) Not more than $381,000,000

may be appropriated to the Secretary for each of the fiscal years

ending September 30, 1993, and September 30, 1994, for the benefit

of Amtrak for operating expenses. Not more than 5 percent of

the amounts appropriated for each fiscal year shall be used to

pay operating expenses under section 24704 of this title for

transportation in operation on September 30, 1992.

(2)(A) Not more than the following amounts may be appropriated to the Secretary for the benefit of Amtrak for operating

losses under section 24704 of this title for transportation beginning

after September 30, 1992:
H. R. 1758—159

(i) $7,500,000 for the fiscal year ending September 30,

1993.

(ii) $9,500,000 for the fiscal year ending September 30,

1994.

(B) The expenditure by Amtrak of an amount appropriated

under subparagraph (A) of this paragraph is deemed not to be

an operating expense when calculating the revenue-to-operating

expense ratio of Amtrak.

(c) MANDATORY PAYMENTS.—(1) Not more than $150,000,000

for the fiscal year ending September 30, 1993, and amounts that

may be necessary for the fiscal year ending September 30, 1994,

may be appropriated to the Secretary to pay—

(A) tax liabilities under section 3221 of the Internal Revenue Code of 1986 (26 U.S.C. 3221) due in those fiscal years

that are more than the amount needed for benefits for individuals who retire from Amtrak and for their beneficiaries;

(B) obligations of Amtrak under section 8(a) of the Railroad

Unemployment Insurance Act (45 U.S.C. 358(a)) due in those

fiscal years that are more than obligations of Amtrak calculated

on an experience-related basis; and

(C) obligations of Amtrak due under section 3321 of the

Code (26 U.S.C. 3321).

(2) Amounts appropriated under this subsection are not a

United States Government subsidy of Amtrak.

(d) PAYMENT TO AMTRAK.—Amounts appropriated under this

section shall be paid to Amtrak under the budget request of the

Secretary as approved or modified by Congress when the amounts

are appropriated. A payment may not be made more frequently

than once every 90 days, unless Amtrak, for good cause, requests

more frequent payment before a 90-day period ends. In each fiscal

year in which amounts are authorized to be appropriated under

this section, amounts appropriated shall be paid to Amtrak as

follows:

(1) 50 percent on October 1.

(2) 25 percent on January 1.

(3) 25 percent on April 1.

(e) AVAILABILITY OF AMOUNTS AND EARLY APPROPRIATIONS.— (1) Amounts appropriated under this section remain available until

expended.

(2) Amounts for capital acquisitions and improvements may

be appropriated in a fiscal year before the fiscal year in which

the amounts will be obligated. (f) LIMITATIONS ON USE.—Amounts appropriated under this

section may not be used to subsidize operating losses of commuter

rail passenger or rail freight transportation.

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.
H. R. 1758—160

24312. Labor standards.

24313. Rail safety system program. 24314. Demonstration of new technology. 24315. Reports and audits.

§ 24301. Status and applicable laws

(a) STATUS.—Amtrak—

(1) is a rail carrier under section 10102 of this title;

(2) shall be operated and managed as a for-profit corporation; and

(3) is not a department, agency, or instrumentality of the

United States Government.

(b) PRINCIPAL OFFICE AND PLACE OF BUSINESS.—The principal

office and place of business of Amtrak are in the District of Columbia. Amtrak is qualified to do business in each State in which

Amtrak carries out an activity authorized under this part. Amtrak

shall accept service of process by certified mail addressed to the

secretary of Amtrak at its principal office and place of business.

Amtrak is a citizen only of the District of Columbia when deciding

original jurisdiction of the district courts of the United States in

a civil action.

(c) APPLICATION OF SUBTITLE IV.—(1) Subtitle IV of this title

applies to Amtrak, except for provisions related to the—

(A) regulation of rates;

(B) abandonment or extension of rail lines used only for

passenger transportation and the abandonment or extension

of operations over those lines;

(C) regulation of routes and service;

(D) discontinuance or change of rail passenger transportation operations; and

(E) issuance of securities or the assumption of an obligation

or liability related to the securities of others.

(2) Notwithstanding this subsection— (A) sections 10721–10724 of this title apply to Amtrak;

and

(B) on application of an adversely affected motor carrier,

the Interstate Commerce Commission under any provision of

subtitle IV of this title applicable to a carrier subject to subchapter I of chapter 105 of this title may hear a complaint

about an unfair or predatory rate or marketing practice of

Amtrak for a route or service operating at a loss.

(d) APPLICATION OF SAFETY AND EMPLOYEE RELATIONS LAWS

AND REGULATIONS.—Laws and regulations governing safety,

employee representation for collective bargaining purposes, the handling of disputes between carriers and employees, employee retirement, annuity, and unemployment systems, and other dealings

with employees that apply to a common carrier subject to subchapter I of chapter 105 of this title apply to Amtrak.

(e) APPLICATION OF CERTAIN ADDITIONAL LAWS.—Section 552

of title 5, this part, and, to the extent consistent with this part,

the District of Columbia Business Corporation Act (D.C. Code § 29–

301 et seq.) apply to Amtrak.

(f) LAWS GOVERNING LEASES AND CONTRACTS.—The laws of

the District of Columbia govern leases and contracts of Amtrak,

regardless of where they are executed.

(g) NONAPPLICATION OF RATE, ROUTE, AND SERVICE LAWS.—

A State or other law related to rates, routes, or service does not

apply to Amtrak in connection with rail passenger transportation.
H. R. 1758—161

(h) NONAPPLICATION OF PAY PERIOD LAWS.—A State or local

law related to pay periods or days for payment of employees does

not apply to Amtrak. Except when otherwise provided under a

collective bargaining agreement, an employee of Amtrak shall be

paid at least as frequently as the employee was paid on October

1, 1979.

(i) PREEMPTION RELATED TO EMPLOYEE WORK REQUIREMENTS.—

A State may not adopt or continue in force a law, rule, regulation,

order, or standard requiring Amtrak to employ a specified number

of individuals to perform a particular task, function, or operation.

(j) NONAPPLICATION OF LAWS ON JOINT USE OR OPERATION

OF FACILITIES AND EQUIPMENT.—Prohibitions of law applicable to

an agreement for the joint use or operation of facilities and equipment necessary to provide quick and efficient rail passenger

transportation do not apply to a person making an agreement

with Amtrak to the extent necessary to allow the person to make

and carry out obligations under the agreement.

(k) EXEMPTION FROM ADDITIONAL TAXES.—(1) In this subsection—

(A) ‘‘additional tax’’ means a tax or fee—

(i) on the acquisition, improvement, ownership, or operation of personal property by Amtrak; and

(ii) on real property, except a tax or fee on the acquisition of real property or on the value of real property not

attributable to improvements made, or the operation of

those improvements, by Amtrak.

(B) ‘‘Amtrak’’ includes a rail carrier subsidiary of Amtrak

and a lessor or lessee of Amtrak or one of its rail carrier

subsidiaries.

(2) Amtrak is not required to pay an additional tax because

of an expenditure to acquire or improve real property, equipment,

a facility, or right-of-way material or structures used in providing

rail passenger transportation, even if that use is indirect.

(l) EXEMPTION FROM TAXES LEVIED AFTER SEPTEMBER 30,

1981.—(1) Amtrak or a rail carrier subsidiary of Amtrak is exempt

from a tax or fee imposed by a State, a political subdivision of

a State, or a local taxing authority and levied on it after September

30, 1981. However, Amtrak is not exempt under this subsection

from a tax or fee that it was required to pay as of September

10, 1982.

(2) The district courts of the United States have original jurisdiction over a civil action Amtrak brings to enforce this subsection

and may grant equitable or declaratory relief requested by Amtrak.

(m) WASTE DISPOSAL.—(1) An intercity rail passenger car manufactured after October 14, 1990, shall be built to provide for the

discharge of human waste only at a servicing facility. Amtrak

shall retrofit each of its intercity rail passenger cars that was

manufactured after May 1, 1971, and before October 15, 1990,

with a human waste disposal system that provides for the discharge

of human waste only at a servicing facility. Subject to appropriations—

(A) the retrofit program shall be completed not later than

October 15, 1996; and

(B) a car that does not provide for the discharge of human

waste only at a servicing facility shall be removed from service

after that date.
H. R. 1758—162

(2) Section 361 of the Public Health Service Act (42 U.S.C.

264) and other laws of the United States, States, and local governments do not apply to waste disposal from rail carrier vehicles

operated in intercity rail passenger transportation. The district

courts of the United States have original jurisdiction over a civil

action Amtrak brings to enforce this paragraph and may grant

equitable or declaratory relief requested by Amtrak.

(n) RAIL TRANSPORTATION TREATED EQUALLY.—When authorizing transportation in the continental United States for an officer,

employee, or member of the uniformed services of a department,

agency, or instrumentality of the Government, the head of that

department, agency, or instrumentality shall consider rail transportation (including transportation by extra-fare trains) the same as

transportation by another authorized mode. The Administrator of

General Services shall include Amtrak in the contract air program

of the Administrator in markets in which transportation provided

by Amtrak is competitive with other carriers on fares and total

trip times.

§ 24302. Board of directors

(a) COMPOSITION AND TERMS.—(1) The board of directors of

Amtrak is composed of the following 9 directors, each of whom

must be a citizen of the United States:

(A) the Secretary of Transportation.

(B) the President of Amtrak.

(C) 3 individuals appointed by the President of the United

States, by and with the advice and consent of the Senate,

as follows:

(i) one individual selected from a list of 3 qualified

individuals submitted by the Railway Labor Executives

Association.

(ii) one chief executive officer of a State selected from

among the chief executive officers of States with an interest

in rail transportation. The chief executive officer may select

an individual to act as the officer’s representative at board

meetings.

(iii) one individual selected as a representative of business with an interest in rail transportation.

(D) 2 individuals selected by the President of the United

States from a list of names consisting of one individual nominated by each commuter authority for which Amtrak Commuter

provides commuter rail passenger transportation under section

24505 of this title and one individual nominated by each commuter authority in the region (as defined in section 102 of

the Regional Rail Reorganization Act of 1973 (45 U.S.C. 702))

that provides its own commuter rail passenger transportation

or makes a contract with an operator (except Amtrak Commuter), except that—

(i) one of the individuals selected must have been nominated by a commuter authority for which Amtrak Commuter provides commuter rail transportation; or

(ii) if Amtrak Commuter does not provide commuter

rail passenger transportation for any authority, the 2

individuals shall be selected from a list of 5 individuals

submitted by commuter authorities providing transportation over rail property of Amtrak.
H. R. 1758—163

(E) 2 individuals selected by the holders of the preferred

stock of Amtrak.

(2) An individual appointed under paragraph (1)(C) of this

subsection serves for 4 years or until the individual’s successor

is appointed and qualified. Not more than 2 individuals appointed

under paragraph (1)(C) may be members of the same political

party.

(3) An individual selected under paragraph (1)(D) of this subsection serves for 2 years or until the individual’s successor is

selected.

(4) An individual selected under paragraph (1)(E) of this subsection serves for one year or until the individual’s successor is

selected.

(5) The President of Amtrak serves as Chairman of the board.

(6) The Secretary may be represented at a meeting of the

board only by the Deputy Secretary of Transportation, the Administrator of the Federal Railroad Administration, or the General Counsel of the Department of Transportation.

(b) CUMULATIVE VOTING.—The articles of incorporation of

Amtrak shall provide for cumulative voting for all stockholders.

(c) CONFLICTS OF INTEREST.—When serving on the board, a

director appointed by the President of the United States may not

have—

(1) a financial or employment relationship with a rail carrier; and

(2) a significant financial relationship or an employment

relationship with a person competing with Amtrak in providing

passenger transportation.

(d) PAY AND EXPENSES.—Each director not employed by the

United States Government is entitled to $300 a day when performing board duties and powers. Each director is entitled to reimbursement for necessary travel, reasonable secretarial and professional

staff support, and subsistence expenses incurred in attending board

meetings. (e) VACANCIES.—A vacancy on the board is filled in the same

way as the original selection, except that an individual appointed

by the President of the United States under subsection (a)(1)(C)

of this section to fill a vacancy occurring before the end of the

term for which the predecessor of that individual was appointed

is appointed for the remainder of that term. A vacancy required

to be filled by appointment under subsection (a)(1)(C) must be

filled not later than 120 days after the vacancy occurs. (f) BYLAWS.—The board may adopt and amend bylaws governing the operation of Amtrak. The bylaws shall be consistent with

this part and the articles of incorporation.

§ 24303. Officers

(a) APPOINTMENT AND TERMS.—Amtrak has a President and

other officers that are named and appointed by the board of directors of Amtrak. An officer of Amtrak must be a citizen of the

United States. Officers of Amtrak serve at the pleasure of the

board.

(b) PAY.—The board may fix the pay of the officers of Amtrak.

An officer may not be paid more than the general level of pay

for officers of rail carriers with comparable responsibility.

(c) CONFLICTS OF INTEREST.—When employed by Amtrak, an

officer may not have a financial or employment relationship with
H. R. 1758—164

another rail carrier, except that holding securities issued by a

rail carrier is not deemed to be a violation of this subsection

if the officer holding the securities makes a complete public disclosure of the holdings and does not participate in any decision directly

affecting the rail carrier.

§ 24304. Capitalization

(a) STOCK.—Amtrak may have outstanding one issue of common

stock and one issue of preferred stock. Each type of stock is eligible

for a dividend. The articles of incorporation of Amtrak shall provide

that—

(1) each type of stock must be fully paid and nonassessable;

(2) common stock has a par value of $10 a share; and

(3) preferred stock has a par value of $100 a share.

(b) LIMITATIONS ON OWNERSHIP AND VOTING.—(1) A rail carrier

or person controlling a rail carrier—

(A) may not hold preferred stock of Amtrak; and

(B) may vote not more than one-third of the total number

of shares of outstanding common stock of Amtrak.

(2) Additional common stock owned by a rail carrier or person

controlling a rail carrier is deemed to be not outstanding for voting

and quorum purposes.

(c) PREFERRED STOCK DIVIDENDS AND LIQUIDATION PREFERENCES.—The articles of incorporation of Amtrak shall provide

that—

(1) its preferred stock has a cumulative dividend of at

least 6 percent a year;

(2) if a dividend on the preferred stock is not declared

and paid or set aside for payment, the deficiency shall be

declared and paid or set aside for payment before a dividend

or other distribution is made on its common stock;

(3) the preferred stock has a liquidation preference over

the common stock entitling holders of preferred stock to receive

a liquidation payment of at least par value plus all accrued

unpaid dividends before a liquidation payment is made to holders of common stock; and

(4) the preferred stock may be converted to common stock. (d) ISSUANCE OF PREFERRED STOCK TO SECRETARY.—(1) Not

later than 30 days after the close of each fiscal quarter, Amtrak

shall issue to the Secretary of Transportation preferred stock equal,

to the nearest whole share, to the amount paid to Amtrak under

section 24104(d) of this title during the quarter. (2) Preferred stock issued under this subsection or section

304(c)(1) of the Rail Passenger Service Act is deemed to be issued

on the date Amtrak receives the amounts for which the stock

is issued.

(3) An amendment to the articles of incorporation of Amtrak

is not required for issuing preferred stock under this subsection.

(e) TAXES AND FEES ON PREFERRED STOCK.—A tax or fee applies

to preferred stock issued under this section only if specifically

prescribed by Congress.

(f) NONVOTING CERTIFICATES OF INDEBTEDNESS.—Amtrak may

issue nonvoting certificates of indebtedness, except that an obligation with a liquidation interest superior to preferred stock issued

to the Secretary or secured by a lien on property of Amtrak may

be incurred when preferred stock issued to the Secretary is

outstanding only if the Secretary consents.
H. R. 1758—165

(g) INSPECTION RIGHTS.—Stockholders of Amtrak have the

rights of inspecting and copying set forth in section 45(b) of the

District of Columbia Business Corporation Act (D.C. Code § 29–

345(b)) regardless of the amount of stock they hold.

§ 24305. General authority

(a) ACQUISITION AND OPERATION OF EQUIPMENT AND FACILITIES.—(1) Amtrak may acquire, operate, maintain, and make contracts for the operation and maintenance of equipment and facilities

necessary for intercity and commuter rail passenger transportation,

the transportation of mail and express, and auto-ferry transportation.

(2) Amtrak shall operate and control directly, to the extent

practicable, all aspects of the rail passenger transportation it provides.

(b) MAINTENANCE AND REHABILITATION.—Amtrak may maintain

and rehabilitate rail passenger equipment and shall maintain a

regional maintenance plan that includes—

(1) a review panel at the principal office of Amtrak consisting of members the President of Amtrak designates;

(2) a systemwide inventory of spare equipment parts in

each operational region;

(3) enough maintenance employees for cars and locomotives

in each region;

(4) a systematic preventive maintenance program;

(5) periodic evaluations of maintenance costs, time lags,

and parts shortages and corrective actions; and

(6) other elements or activities Amtrak considers

appropriate.

(c) MISCELLANEOUS AUTHORITY.—Amtrak may— (1) make and carry out appropriate agreements;

(2) transport mail and express and shall use all feasible

methods to obtain the bulk mail business of the United States

Postal Service;

(3) improve its reservation system and advertising;

(4) provide food and beverage services on its trains only

if revenues from the services each year at least equal the

cost of providing the services; (5) conduct research, development, and demonstration programs related to the mission of Amtrak; and (6) buy or lease rail rolling stock and develop and demonstrate improved rolling stock.

(d) THROUGH ROUTES AND JOINT FARES.—(1) Establishing

through routes and joint fares between Amtrak and other intercity

rail passenger carriers and motor carriers of passengers is consistent with the public interest and the transportation policy of the

United States. Congress encourages establishing those routes and

fares.

(2) Amtrak may establish through routes and joint fares with

any domestic or international motor carrier, air carrier, or water

carrier.

(e) RAIL POLICE.—Amtrak may employ rail police to provide

security for rail passengers and property of Amtrak. Rail police

employed by Amtrak who have complied with a State law establishing requirements applicable to rail police or individuals employed

in a similar position may be employed without regard to the law

of another State containing those requirements.
H. R. 1758—166

(f) DOMESTIC BUYING PREFERENCES.—(1) In this subsection,

‘‘United States’’ means the States, territories, and possessions of

the United States and the District of Columbia.

(2) Amtrak shall buy only—

(A) unmanufactured articles, material, and supplies mined

or produced in the United States; or

(B) manufactured articles, material, and supplies manufactured in the United States substantially from articles, material,

and supplies mined, produced, or manufactured in the United

States.

(3) Paragraph (2) of this subsection applies only when the

cost of those articles, material, or supplies bought is at least

$1,000,000.

(4) On application of Amtrak, the Secretary of Transportation

may exempt Amtrak from this subsection if the Secretary decides

that—

(A) for particular articles, material, or supplies—

(i) the requirements of paragraph (2) of this subsection

are inconsistent with the public interest;

(ii) the cost of imposing those requirements is

unreasonable; or

(iii) the articles, material, or supplies, or the articles,

material, or supplies from which they are manufactured,

are not mined, produced, or manufactured in the United

States in sufficient and reasonably available commercial

quantities and are not of a satisfactory quality; or

(B) rolling stock or power train equipment cannot be bought

and delivered in the United States within a reasonable time.

§ 24306. Mail, express, and auto-ferry transportation

(a) ACTIONS TO INCREASE REVENUES.—Amtrak shall take necessary action to increase its revenues from the transportation of

mail and express. To increase its revenues, Amtrak may provide

auto-ferry transportation as part of the basic passenger transportation authorized by this part. When requested by Amtrak, a department, agency, or instrumentality of the United States Government

shall assist in carrying out this section.

(b) AUTHORITY OF OTHERS TO PROVIDE AUTO-FERRY TRANSPORTATION.—(1) A person primarily providing auto-ferry transportation

and any other person not a rail carrier may provide auto-ferry

transportation over any route under a certificate issued by the

Interstate Commerce Commission if the Commission finds that

the auto-ferry transportation—

(A) will not impair the ability of Amtrak to reduce its

losses or increase its revenues; and

(B) is required to meet the public demand.

(2) A rail carrier that has not made a contract with Amtrak

to provide rail passenger transportation may provide auto-ferry

transportation over its own rail lines.

(3) State and local laws and regulations that impair the provision of auto-ferry transportation do not apply to Amtrak or a

rail carrier providing auto-ferry transportation. A rail carrier may

not refuse to participate with Amtrak in providing auto-ferry

transportation because a State or local law or regulation makes

the transportation unlawful.
H. R. 1758—167

§ 24307. Special transportation

(a) REDUCED FARE PROGRAM.—Amtrak shall maintain a

reduced fare program for the following: (1) individuals at least 65 years of age.

(2) individuals (except alcoholics and drug abusers) who— (A) have a physical or mental impairment that substan- tially limits a major life activity of the individual; (B) have a record of an impairment; or

(C) are regarded as having an impairment. (b) ACTIONS TO ENSURE ACCESS.—Amtrak may act to ensure access to intercity transportation for elderly or handicapped individuals on passenger trains operated by or for Amtrak. That action

may include— (1) acquiring special equipment;

(2) conducting special training for employees;

(3) designing and acquiring new equipment and facilities;

(4) eliminating barriers in existing equipment and facilities to comply with the highest standards of design, construction,

and alteration of property to accommodate elderly and handicapped individuals; and (5) providing special assistance to elderly and handicapped individuals when getting on and off trains and in terminal

areas.

(c) EMPLOYEE TRANSPORTATION.—(1) In this subsection, ‘‘rail

carrier employee’’ means— (A) an active full-time employee of a rail carrier or terminal company and includes an employee on furlough or leave of

absence;

(B) a retired employee of a rail carrier or terminal company; and

(C) a dependent of an employee referred to in clause (A) or (B) of this paragraph.

(2) Amtrak shall ensure that a rail carrier employee eligible

for free or reduced-rate rail transportation on April 30, 1971, under

an agreement in effect on that date is eligible, to the greatest

extent practicable, for free or reduced-rate intercity rail passenger

transportation provided by Amtrak under this part, if space is

available, on terms similar to those available on that date under

the agreement. However, Amtrak may apply to all rail carrier

employees eligible to receive free or reduced-rate transportation

under any agreement a single systemwide schedule of terms that

Amtrak decides applied to a majority of employees on that date

under all those agreements. Unless Amtrak and a rail carrier

make a different agreement, the carrier shall reimburse Amtrak

at the rate of 25 percent of the systemwide average monthly yield

of each revenue passenger-mile. The reimbursement is in place

of costs Amtrak incurs related to free or reduced-rate transportation, including liability related to travel of a rail carrier employee

eligible for free or reduced-rate transportation.

(3) This subsection does not prohibit the Interstate Commerce

Commission from ordering retroactive relief in a proceeding begun

or reopened after October 1, 1981.

§ 24308. Use of facilities and providing services to Amtrak

(a) GENERAL AUTHORITY.—(1) Amtrak may make an agreement

with a rail carrier or regional transportation authority to use facilities of, and have services provided by, the carrier or authority
H. R. 1758—168

under terms on which the parties agree. The terms shall include

a penalty for untimely performance.

(2)(A) If the parties cannot agree and if the Interstate Commerce Commission finds it necessary to carry out this part, the

Commission shall—

(i) order that the facilities be made available and the services provided to Amtrak; and

(ii) prescribe reasonable terms and compensation for using

the facilities and providing the services.

(B) When prescribing reasonable compensation under subparagraph (A) of this paragraph, the Commission shall consider quality

of service as a major factor when determining whether, and the

extent to which, the amount of compensation shall be greater than

the incremental costs of using the facilities and providing the

services.

(C) The Commission shall decide the dispute not later than

90 days after Amtrak submits the dispute to the Commission.

(3) Amtrak’s right to use the facilities or have the services

provided is conditioned on payment of the compensation. If the

compensation is not paid promptly, the rail carrier or authority

entitled to it may bring an action against Amtrak to recover the

amount owed.

(4) Amtrak shall seek immediate and appropriate legal remedies to enforce its contract rights when track maintenance on

a route over which Amtrak operates falls below the contractual

standard.

(b) OPERATING DURING EMERGENCIES.—To facilitate operation

by Amtrak during an emergency, the Commission, on application

by Amtrak, shall require a rail carrier to provide facilities immediately during the emergency. The Commission then shall promptly

prescribe reasonable terms, including indemnification of the carrier

by Amtrak against personal injury risk to which the carrier may

be exposed. The rail carrier shall provide the facilities for the

duration of the emergency. (c) PREFERENCE OVER FREIGHT TRANSPORTATION.—Except in

an emergency, intercity and commuter rail passenger transportation

provided by or for Amtrak has preference over freight transportation

in using a rail line, junction, or crossing unless the Secretary

of Transportation orders otherwise under this subsection. A rail

carrier affected by this subsection may apply to the Secretary

for relief. If the Secretary, after an opportunity for a hearing under

section 553 of title 5, decides that preference for intercity and

commuter rail passenger transportation materially will lessen the

quality of freight transportation provided to shippers, the Secretary

shall establish the rights of the carrier and Amtrak on reasonable

terms.

(d) ACCELERATED SPEEDS.—If a rail carrier refuses to allow

accelerated speeds on trains operated by or for Amtrak, Amtrak

may apply to the Secretary for an order requiring the carrier

to allow the accelerated speeds. The Secretary shall decide whether

accelerated speeds are unsafe or impracticable and which improvements would be required to make accelerated speeds safe and

practicable. After an opportunity for a hearing, the Secretary shall

establish the maximum allowable speeds of Amtrak trains on terms

the Secretary decides are reasonable.

(e) ADDITIONAL TRAINS.—(1) When a rail carrier does not agree

to provide, or allow Amtrak to provide, for the operation of addi-
H. R. 1758—169

tional trains over a rail line of the carrier, Amtrak may apply

to the Secretary for an order requiring the carrier to provide or

allow for the operation of the requested trains. After a hearing

on the record, the Secretary may order the carrier, within 60

days, to provide or allow for the operation of the requested trains

on a schedule based on legally permissible operating times. However, if the Secretary decides not to hold a hearing, the Secretary,

not later than 30 days after receiving the application, shall publish

in the Federal Register the reasons for the decision not to hold

the hearing.

(2) The Secretary shall consider—

(A) when conducting a hearing, whether an order would

impair unreasonably freight transportation of the rail carrier,

with the carrier having the burden of demonstrating that the

additional trains will impair the freight transportation; and

(B) when establishing scheduled running times, the statutory goal of Amtrak to implement schedules that attain a

system-wide average speed of at least 60 miles an hour that

can be adhered to with a high degree of reliability and passenger comfort.

(3) Unless the parties have an agreement that establishes the

compensation Amtrak will pay the carrier for additional trains

provided under an order under this subsection, the Commission

shall decide the dispute under subsection (a) of this section.

§ 24309. Retaining and maintaining facilities

(a) DEFINITIONS.—In this section—

(1) ‘‘facility’’ means a rail line, right of way, fixed equipment, facility, or real property related to a rail line, right

of way, fixed equipment, or facility, including a signal system,

passenger station and repair tracks, a station building, a platform, and a related facility, including a water, fuel, steam,

electric, and air line.

(2) downgrading a facility means reducing a track classification as specified in the Federal Railroad Administration track

safety standards or altering a facility so that the time required

for rail passenger transportation to be provided over the route

on which a facility is located may be increased.

(b) APPROVAL REQUIRED FOR DOWNGRADING OR DISPOSAL.— A facility of a rail carrier or regional transportation authority

that Amtrak used to provide rail passenger transportation on February 1, 1979, may be downgraded or disposed of only after approval

by the Secretary of Transportation under this section. (c) NOTIFICATION AND ANALYSIS.—(1) A rail carrier intending

to downgrade or dispose of a facility Amtrak currently is not using

to provide transportation shall notify Amtrak of its intention. If,

not later than 60 days after Amtrak receives the notice, Amtrak

and the carrier do not agree to retain or maintain the facility

or to convey an interest in the facility to Amtrak, the carrier

may apply to the Secretary for approval to downgrade or dispose

of the facility.

(2) After a rail carrier notifies Amtrak of its intention to downgrade or dispose of a facility, Amtrak shall survey population centers

with rail passenger transportation facilities to assist in preparing

a valid and timely analysis of the need for the facility and shall

update the survey as appropriate. Amtrak also shall maintain a

system for collecting information gathered in the survey. The system
H. R. 1758—170

shall collect the information based on geographic regions and on

whether the facility would be part of a short haul or long haul

route. The survey should facilitate an analysis of—

(A) ridership potential by ascertaining existing and changing travel patterns that would provide maximum efficient rail

passenger transportation;

(B) the quality of transportation of competitors or likely

competitors;

(C) the likelihood of Amtrak offering transportation at a

competitive fare;

(D) opportunities to target advertising and fares to potential classes of riders;

(E) economic characteristics of rail passenger transportation related to the facility and the extent to which the

characteristics are consistent with sound economic principles

of short haul or long haul rail transportation; and

(F) the feasibility of applying effective internal cost controls

to the facility and route served by the facility to improve

the ratio of passenger revenue to transportation expenses

(excluding maintenance of tracks, structures, and equipment

and depreciation).

(d) APPROVAL OF APPLICATION AND PAYMENT OF AVOIDABLE

COSTS.—(1) If Amtrak does not object to an application not later

than 30 days after it is submitted, the Secretary shall approve

the application promptly.

(2) If Amtrak objects to an application, the Secretary shall

decide by not later than 180 days after the objection those costs

the rail carrier may avoid if it does not have to retain or maintain

a facility in the condition Amtrak requests. If Amtrak does not

agree by not later than 60 days after the decision to pay the

carrier these avoidable costs, the Secretary shall approve the

application. When deciding whether to pay a carrier the avoidable

costs of retaining or maintaining a facility, Amtrak shall consider—

(A) the potential importance of restoring rail passenger

transportation on the route on which the facility is located;

(B) the market potential of the route;

(C) the availability, adequacy, and energy efficiency of an

alternate rail line or alternate mode of transportation to provide

passenger transportation to or near the places that would be

served by the route;

(D) the extent to which major population centers would

be served by the route;

(E) the extent to which providing transportation over the

route would encourage the expansion of an intercity rail passenger system in the United States; and

(F) the possibility of increased ridership on a rail line

that connects with the route.

(e) COMPLIANCE WITH OTHER OBLIGATIONS.—Downgrading or

disposing of a facility under this section does not relieve a rail

carrier from complying with its other common carrier or legal

obligations related to the facility.

§ 24310. Assistance for upgrading facilities

(a) TO CORRECT DANGEROUS CONDITIONS.—(1) Amtrak or the

owner of a facility presenting a danger to the employees, passengers,

or property of Amtrak may petition the Secretary of Transportation
H. R. 1758—171

for assistance to the owner for relocation or other measures undertaken after December 31, 1977, to minimize or eliminate the danger.

(2) The Secretary shall recommend to Congress that Congress

authorize amounts for the relocation or other measures if the Secretary decides that—

(A) the facility presents a danger of death or serious injury

to an employee or passenger or of serious damage to that

property; and

(B) the owner should not be expected to bear the cost

of that relocation or other measures.

(b) TO CORRECT STATE AND LOCAL VIOLATIONS.—(1) Amtrak,

by itself or jointly with an owner or operator of a rail station

Amtrak uses to provide rail passenger transportation, may apply

to the Secretary for amounts that may be appropriated under paragraph (2) of this subsection to pay or reimburse expenses incurred

after October 1, 1987, related to the station complying with an

official notice received before October 1, 1987, from a State or

local authority stating that the station violates or allegedly violates

the building, construction, fire, electric, sanitation, mechanical, or

plumbing code.

(2) Not more than $1,000,000, may be appropriated to the

Secretary to carry out paragraph (1) of this subsection. Amounts

appropriated under this paragraph remain available until expended.

§ 24311. Acquiring interests in property by eminent domain

(a) GENERAL AUTHORITY.—(1) To the extent financial resources

are available, Amtrak may acquire by eminent domain under subsection (b) of this section interests in property— (A) necessary for intercity rail passenger transportation,

except property of a rail carrier, a State, a political subdivision

of a State, or a governmental authority; or (B) requested by the Secretary of Transportation in carrying out the Secretary’s duty to design and build an intermodal

transportation terminal at Union Station in the District of

Columbia if the Secretary assures Amtrak that the Secretary

will reimburse Amtrak.

(2) Amtrak may exercise the power of eminent domain only

if it cannot—

(A) acquire the interest in the property by contract; or

(B) agree with the owner on the purchase price for the

interest.

(b) CIVIL ACTIONS.—(1) A civil action to acquire an interest

in property by eminent domain under subsection (a) of this section

must be brought in the district court of the United States for

the judicial district in which the property is located or, if a single

piece of property is located in more than one judicial district,

in any judicial district in which any piece of the property is located.

An interest is condemned and taken by Amtrak for its use when

a declaration of taking is filed under this subsection and an amount

of money estimated in the declaration to be just compensation

for the interest is deposited in the court. The declaration may

be filed with the complaint in the action or at any time before

judgment. The declaration must contain or be accompanied by—

(A) a statement of the public use for which the interest

is taken;

(B) a description of the property sufficient to identify it;

(C) a statement of the interest in the property taken;
H. R. 1758—172

(D) a plan showing the interest taken; and

(E) a statement of the amount of money Amtrak estimates

is just compensation for the interest.

(2) When the declaration is filed and the deposit is made

under paragraph (1) of this subsection, title to the property vests

in Amtrak in fee simple absolute or in the lesser interest shown

in the declaration, and the right to the money vests in the person

entitled to the money. When the declaration is filed, the court

may decide—

(A) the time by which, and the terms under which, possession of the property is given to Amtrak; and

(B) the disposition of outstanding charges related to the

property.

(3) After a hearing, the court shall make a finding on the

amount that is just compensation for the interest in the property

and enter judgment awarding that amount and interest on it.

The rate of interest is 6 percent a year and is computed on the

amount of the award less the amount deposited in the court from

the date of taking to the date of payment.

(4) On application of a party, the court may order immediate

payment of any part of the amount deposited in the court for

the compensation to be awarded. If the award is more than the

amount received, the court shall enter judgment against Amtrak

for the deficiency.

(c) AUTHORITY TO CONDEMN RAIL CARRIER PROPERTY

INTERESTS.—(1) If Amtrak and a rail carrier cannot agree on a

sale to Amtrak of an interest in property of a rail carrier necessary

for intercity rail passenger transportation, Amtrak may apply to

the Interstate Commerce Commission for an order establishing

the need of Amtrak for the interest and requiring the carrier

to convey the interest on reasonable terms, including just compensation. The need of Amtrak is deemed to be established, and the

Commission, after holding an expedited proceeding and not later

than 120 days after receiving the application, shall order the

interest conveyed unless the Commission decides that— (A) conveyance would impair significantly the ability of

the carrier to carry out its obligations as a common carrier;

and

(B) the obligations of Amtrak to provide modern, efficient,

and economical rail passenger transportation can be met adequately by acquiring an interest in other property, either by

sale or by exercising its right of eminent domain under subsection (a) of this section.

(2) If the amount of compensation is not determined by the

date of the Commission’s order, the order shall require, as part

of the compensation, interest at 6 percent a year from the date

prescribed for the conveyance until the compensation is paid.

(3) Amtrak subsequently may reconvey to a third party an

interest conveyed to Amtrak under this subsection or prior comparable provision of law if the Commission decides that the

reconveyance will carry out the purposes of this part, regardless

of when the proceeding was brought (including a proceeding pending

before a United States court on November 28, 1990).

§ 24312. Labor standards

(a) PREVAILING WAGES AND HEALTH AND SAFETY STANDARDS.—

(1) Amtrak shall ensure that laborers and mechanics employed
H. R. 1758—173

by contractors and subcontractors in construction work financed

under an agreement made under section 24308(a), 24701(a), or

24704(b)(2) of this title will be paid wages not less than those

prevailing on similar construction in the locality, as determined

by the Secretary of Labor under the Act of March 3, 1931 (known

as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5). Amtrak may

make such an agreement only after being assured that required

labor standards will be maintained on the construction work. Health

and safety standards prescribed by the Secretary under section

107 of the Contract Work Hours and Safety Standards Act (40

U.S.C. 333) apply to all construction work performed under such

an agreement, except for construction work performed by a rail

carrier.

(2) Wage rates in a collective bargaining agreement negotiated

under the Railway Labor Act (45 U.S.C. 151 et seq.) are deemed

to comply with the Act of March 3, 1931 (known as the DavisBacon Act) (40 U.S.C. 276a—276a–5).

(b) CONTRACTING OUT.—(1) Amtrak may not contract out work

normally performed by an employee in a bargaining unit covered

by a contract between a labor organization and Amtrak or a rail

carrier that provided intercity rail passenger transportation on

October 30, 1970, if contracting out results in the layoff of an

employee in the bargaining unit.

(2) This subsection does not apply to food and beverage services

provided on trains of Amtrak.

§ 24313. Rail safety system program

In consultation with rail labor organizations, Amtrak shall

maintain a rail safety system program for employees working on

property owned by Amtrak. The program shall be a model for

other rail carriers to use in developing safety programs. The program shall include— (1) periodic analyses of accident information, including primary and secondary causes; (2) periodic evaluations of the activities of the program,

particularly specific steps taken in response to an accident; (3) periodic reports on amounts spent for occupational

health and safety activities of the program; (4) periodic reports on reduced costs and personal injuries

because of accident prevention activities of the program; (5) periodic reports on direct accident costs, including

claims related to accidents; and

(6) reports and evaluations of other information Amtrak

considers appropriate.

§ 24314. Demonstration of new technology

(a) PLAN.—Amtrak shall develop a plan for demonstrating new

technology in rail passenger equipment. The plan shall provide

that new equipment that Amtrak procures that may increase train

speed significantly over existing rail facilities shall be demonstrated,

to the extent practicable, throughout the intercity rail passenger

system.

(b) REPORT.—Not later than September 30, 1993, Amtrak shall

submit to the Committee on Energy and Commerce of the House

of Representatives and the Committee on Commerce, Science, and

Transportation of the Senate a report summarizing the plan developed under subsection (a) of this section, including its goals, loca-
H. R. 1758—174

tions for technology demonstration, and a schedule for carrying

out the plan.

(c) COOPERATION.—To make efforts to increase train speed

throughout the intercity rail passenger system easier, Amtrak shall

consult and cooperate, to the extent feasible, on request of eligible

applicants proposing a technology demonstration authorized and

financed under a law of the United States, with those applicants.

§ 24315. Reports and audits

(a) AMTRAK ANNUAL OPERATIONS REPORT.—Not later than February 15 of each year, Amtrak shall submit to Congress a report

that—

(1) for each route on which Amtrak provided intercity rail

passenger transportation during the prior fiscal year, includes

information on—

(A) ridership;

(B) passenger-miles;

(C) the short-term avoidable profit or loss for each

passenger-mile;

(D) the revenue-to-cost ratio;

(E) revenues;

(F) the United States Government subsidy;

(G) the subsidy not provided by the United States

Government; and

(H) on-time performance;

(2) provides relevant information about a decision to pay

an officer of Amtrak more than the rate for level I of the

Executive Schedule under section 5312 of title 5; and

(3) specifies—

(A) significant operational problems Amtrak identifies;

and

(B) proposals by Amtrak to solve those problems. (b) AMTRAK GENERAL AND LEGISLATIVE ANNUAL REPORT.—(1)

Not later than February 15 of each year, Amtrak shall submit

to the President and Congress a complete report of its operations,

activities, and accomplishments, including a statement of revenues

and expenditures for the prior fiscal year. The report— (A) shall include a discussion and accounting of Amtrak’s success in meeting the goal of section 24902(b) of this title;

and

(B) may include recommendations for legislation, including

the amount of financial assistance needed for operations and

capital improvements, the method of computing the assistance,

and the sources of the assistance.

(2) Amtrak may submit reports to the President and Congress

at other times Amtrak considers desirable.

(c) SECRETARY’S REPORT ON EFFECTIVENESS OF THIS PART.—

The Secretary of Transportation shall prepare a report on the

effectiveness of this part in meeting the requirements for a balanced

transportation system in the United States. The report may include

recommendations for legislation. The Secretary shall include this

report as part of the annual report the Secretary submits under

section 308(a) of this title.

(d) INDEPENDENT AUDITS.—An independent certified public

accountant shall audit the financial statements of Amtrak each

year. The audit shall be carried out at the place at which the

financial statements normally are kept and under generally
H. R. 1758—175

accepted auditing standards. A report of the audit shall be included

in the report required by subsection (a) of this section.

(e) COMPTROLLER GENERAL AUDITS.—The Comptroller General

may conduct performance audits of the activities and transactions

of Amtrak. Each audit shall be conducted at the place at which

the Comptroller General decides and under generally accepted

management principles. The Comptroller General may prescribe

regulations governing the audit.

(f) AVAILABILITY OF RECORDS AND PROPERTY OF AMTRAK AND

RAIL CARRIERS.—Amtrak and, if required by the Comptroller General, a rail carrier with which Amtrak has made a contract for

intercity rail passenger transportation shall make available for

an audit under subsection (d) or (e) of this section all records

and property of, or used by, Amtrak or the carrier that are necessary

for the audit. Amtrak and the carrier shall provide facilities for

verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. Amtrak and the carrier may

keep all reports and property.

(g) COMPTROLLER GENERAL’S REPORT TO CONGRESS.—The

Comptroller General shall submit to Congress a report on each

audit, giving comments and information necessary to inform Congress on the financial operations and condition of Amtrak and

recommendations related to those operations and conditions. The

report also shall specify any financial transaction or undertaking

the Comptroller General considers is carried out without authority

of law. When the Comptroller General submits a report to Congress,

the Comptroller General shall submit a copy of it to the President,

the Secretary, and Amtrak at the same time.

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.

§ 24501. Status and applicable laws

(a) STATUS.—Amtrak Commuter—

(1) is a wholly-owned subsidiary of Amtrak;

(2) provides by contract commuter rail passenger transportation for a commuter authority with which Amtrak Commuter

makes a contract to provide the transportation under this chapter;

(3) has no common carrier obligations to provide rail passenger or rail freight transportation; and (4) is not a department, agency, or instrumentality of the

United States Government.

(b) APPLICATION OF SAFETY AND EMPLOYEE RELATIONS LAWS

AND REGULATIONS.—Chapter 105 of this title does not apply to

Amtrak Commuter. However, laws and regulations governing

safety, employee representation for collective bargaining purposes,

the handling of disputes between carriers and employees, employee

retirement, annuity, and unemployment systems, and other dealings

with employees that apply to a rail carrier providing transportation

subject to subchapter I of chapter 105 apply to Amtrak Commuter.
H. R. 1758—176

(c) APPLICATION OF CERTAIN ADDITIONAL LAWS.—This part and,

to the extent consistent with this part, the District of Columbia

Business Corporation Act (D.C. Code § 29–301 et seq.) apply to

Amtrak Commuter.

(d) NONAPPLICATION OF RATE, ROUTE, AND SERVICE LAWS.—

A State or other law related to rates, routes, or service in connection

with rail passenger transportation does not apply to Amtrak Commuter.

(e) PREEMPTION RELATED TO EMPLOYEE WORK REQUIREMENTS.—A State may not adopt or continue in force a law, rule,

regulation, order, or standard requiring Amtrak Commuter to

employ a specified number of individuals to perform a particular

task, function, or operation.

(f) EXEMPTION FROM ADDITIONAL TAXES.—(1) In this subsection,

‘‘additional tax’’ means a tax or fee—

(A) on the acquisition, improvement, ownership, or operation of personal property by Amtrak Commuter; and

(B) on real property, except a tax or fee on the acquisition

of real property or on the value of real property not attributable

to improvements made, or the operation of those improvements,

by Amtrak Commuter.

(2) Amtrak Commuter is not required to pay an additional

tax because of an expenditure to acquire or improve real property,

equipment, a facility, or right-of-way material or structures used

to provide rail passenger transportation.

(g) TAX EXEMPTION FOR CERTAIN COMMUTER AUTHORITIES.—

A commuter authority with which Amtrak Commuter could have

made a contract to provide commuter rail passenger transportation

under this chapter but which decided to provide its own rail passenger transportation beginning on January 1, 1983, is exempt,

effective October 1, 1981, from paying a tax or fee to the same

extent Amtrak is exempt.

(h) NONAPPLICATION OF AGREEMENTS FOR FINANCIAL SUPPORT

AND TRACKAGE RIGHTS.—An agreement under which financial support was provided on January 2, 1974, to a commuter authority

to continue rail passenger transportation does not apply to Amtrak

Commuter. However, Amtrak and the Consolidated Rail Corporation retain appropriate trackage rights over rail property owned

or leased by the authority. Compensation for the rights shall be

reasonable.

§ 24502. Board of directors

(a) COMPOSITION.—The board of directors of Amtrak Commuter

is composed of the following directors:

(1) the President of Amtrak Commuter.

(2) one individual from the board of directors of Amtrak

selected as a representative of commuter authorities that make

contracts with Amtrak Commuter for the operation of commuter

rail passenger transportation.

(3) 2 individuals selected by the board of directors of

Amtrak.

(4) 2 individuals selected by commuter authorities for which

Amtrak Commuter provides commuter rail transportation

under this chapter. However, only one individual shall be

selected under this clause if Amtrak Commuter provides the

transportation for only one authority.
H. R. 1758—177

(b) TERMS.—Except as otherwise provided in this section,

individuals shall serve for 2 years.

(c) CHAIRMAN.—The board shall select annually one of its members to serve as Chairman.

(d) PAY AND EXPENSES.—Each director not employed by the

United States Government is entitled to $300 a day when performing board duties and powers. Each director is entitled to reimbursement for necessary travel, reasonable secretarial and professional

staff support, and subsistence expenses incurred in attending board

meetings.

(e) VACANCIES.—A vacancy on the board is filled in the same

way as the original selection.

(f) BYLAWS.—The board may adopt and amend bylaws governing the operation of Amtrak Commuter. The bylaws shall be consistent with this part and the articles of incorporation.

§ 24503. Officers

(a) APPOINTMENT AND TERMS.—Amtrak Commuter has a President and other officers that are named and appointed by the board

of directors of Amtrak Commuter. An officer of Amtrak Commuter

must be a citizen of the United States. Officers of Amtrak Commuter

serve at the pleasure of the board.

(b) PAY.—The board may fix the pay of the officers of Amtrak

Commuter. An officer may be paid not more than the general

level of pay for officers of rail carriers with comparable responsibility.

(c) CONFLICTS OF INTEREST.—When employed by Amtrak Commuter, an officer may not have a financial or employment relationship with a rail carrier, except that holding securities issued by

a rail carrier is not deemed to be a violation of this subsection

if the officer holding the securities makes a complete public disclosure of the holdings and does not participate in any decision directly

affecting the rail carrier.

§ 24504. General authority

(a) GENERAL.—Amtrak Commuter may— (1) acquire, operate, maintain, and make contracts for the

operation of equipment and facilities necessary for commuter

rail passenger transportation; (2) conduct research and development related to the mission

of Amtrak Commuter; and

(3) issue common stock to Amtrak.

(b) OPERATION AND CONTROL.—To the extent consistent with

this part and with an agreement with a commuter authority,

Amtrak Commuter shall operate and control all aspects of the

commuter rail passenger transportation it provides.

(c) AGREEMENT TO AVOID DUPLICATING EMPLOYEE FUNCTIONS.—To the maximum extent practicable, Amtrak Commuter

and Amtrak shall make an agreement that avoids duplicating

employee functions and voluntarily establishes a consolidated work

force.

§ 24505. Commuter rail passenger transportation

(a) GENERAL AUTHORITY.—Amtrak Commuter—

(1) shall provide commuter rail passenger transportation

that the Consolidated Rail Corporation was obligated to provide

on August 13, 1981, under section 303(b)(2) or 304(e) of the
H. R. 1758—178

Regional Rail Reorganization Act of 1973 (45 U.S.C. 743(b)(2),

744(e)); and

(2) may provide other commuter rail passenger transportation if the commuter authority for which the transportation

will be provided offers to provide a commuter rail passenger

transportation payment equal to the—

(A) avoidable costs of providing the transportation

(including the avoidable cost of necessary capital improvements) and a reasonable return on the value; less

(B) revenue attributable to the transportation.

(b) OFFER REQUIREMENTS.—(1) A commuter authority making

an offer under subsection (a)(2) of this section shall—

(A) show that it has obtained access to all rail property

necessary to provide the additional commuter rail passenger

transportation; and

(B) make the offer according to regulations the Rail Services

Planning Office prescribes under section 10362(b)(5)(A) and

(6) of this title.

(2) The Office may revise and update the regulations when

necessary to carry out this section.

(c) ADDITIONAL EMPLOYEE REQUIREMENTS.—Additional

employee requirements shall be met through existing seniority

arrangements agreed to in the implementing agreement negotiated

under section 508 of the Rail Passenger Service Act.

(d) WHEN OBLIGATION DOES NOT APPLY.—Amtrak Commuter

is not obligated to provide commuter rail passenger transportation

if a commuter authority provides the transportation or makes a

contract under which a person, except Amtrak Commuter, will

provide the transportation. When appropriate, Amtrak Commuter

shall give the authority or person access to the rail property needed

to provide the transportation.

(e) DISCONTINUANCE OF COMMUTER RAIL PASSENGER TRANSPORTATION.—(1) Amtrak Commuter may discontinue commuter rail

passenger transportation provided under this section on 60 days’

notice if—

(A) a commuter authority does not offer a commuter rail

passenger transportation payment under subsection (a)(2) of

this section; or

(B) a payment is not paid when due.

(2) The Office shall prescribe regulations on the necessary

contents of the notice required under this subsection.

(f) COMPENSATION FOR RIGHT-OF-WAY RELATED COSTS.—Compensation by a commuter authority to Amtrak or Amtrak Commuter

for right-of-way related costs for transportation over property

Amtrak owns shall be determined under a method the Interstate

Commerce Commission establishes under section 1163 of the Omnibus Budget Reconciliation Act of 1981 (45 U.S.C. 1111) or to which

the parties agree.

(g) APPLICATION OF OTHER LAWS.—All laws related to commuter

rail passenger transportation apply to a commuter authority providing commuter rail passenger transportation under this section.

§ 24506. Certain duties and powers unaffected

This chapter does not affect a duty or power of the Consolidated

Rail Corporation or its successor and any bi-state commuter authority under an agreement, lease, or contract under which property
H. R. 1758—179

was conveyed to the Corporation under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.).

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.

24707. Cost and performance review.

24708. Special commuter transportation.

24709. International transportation.

§ 24701. Operation of basic system

(a) BY AMTRAK.—Amtrak shall provide intercity rail passenger

transportation within the basic system unless the transportation

is provided by—

(1) a rail carrier with which Amtrak did not make a contract under section 401(a) of the Rail Passenger Service Act;

or

(2) a regional transportation authority under contract with

Amtrak.

(b) BY OTHERS WITH CONSENT OF AMTRAK.—Except as provided

in section 24306 of this title, a person may provide intercity rail

passenger transportation over a route over which Amtrak provides

scheduled intercity rail passenger transportation under a contract

under section 401(a) of the Act only with the consent of Amtrak.

§ 24702. Improving rail passenger transportation

(a) PLAN TO IMPROVE TRANSPORTATION.—Amtrak shall continue

to carry out its plan, submitted under section 305(f) of the Rail

Passenger Service Act, to improve intercity rail passenger transportation provided in the basic system. The plan shall include— (1) a zero-based assessment of all operating practices;

(2) changes to achieve the minimum use of employees

consistent with safe operations and adequate transportation;

(3) a systematic program for achieving the greatest ratio

of train size to passenger demand; (4) a systematic program to reduce trip time in the basic

system; (5) establishing training programs to achieve on-time

departures;

(6) establishing priorities for passenger trains over freight

trains;

(7) adjusting the buying and pricing of food and beverages

so that food and beverage services ultimately will be profitable;

(8) cooperative marketing opportunities between Amtrak

and governmental authorities that have intercity rail passenger

transportation; and

(9) cooperative marketing campaigns sponsored by Amtrak

and the Secretary of Energy, the Administrator of the Federal

Highway Administration, and the Administrator of the Environmental Protection Agency.

(b) STATE AND LOCAL SPEED RESTRICTIONS.—Amtrak shall—

(1) identify any speed restriction a State or local government imposes on a train of Amtrak that Amtrak decides
H. R. 1758—180

impedes Amtrak from achieving high-speed intercity rail passenger transportation; and

(2) consult with that State or local government—

(A) to evaluate alternatives to the speed restriction,

considering the local safety hazard that is the basis for

the restriction; and

(B) to consider modifying or eliminating the restriction

to allow safe operation at higher speeds.

(c) HIGH-SPEED RAIL TRANSPORTATION DEVELOPMENT.—On

reasonable request by a State, political subdivision of a State,

regional partnership, private sector representative, or other qualified person, Amtrak shall consult and cooperate to the extent feasible with that person to assist the efforts of that person to achieve

high-speed rail transportation through equipment upgrades, gradecrossing safety improvements, and incremental infrastructure

improvements on existing rail facilities that Amtrak uses (except

the Northeast Corridor facilities). Not later than September 30,

1993, Amtrak shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on its

efforts under this subsection.

(d) ROUTES CONNECTING CORRIDORS.—Amtrak shall begin or

improve appropriate rail passenger transportation on a route

between corridors that Amtrak decides is justified because it will

increase ridership on trains of Amtrak on the route and in the

connecting corridors.

§ 24703. Route and service criteria

(a) ROUTE DISCONTINUANCES AND ADDITIONS.—Except as provided in this part, route discontinuances and route additions shall

comply with the route and service criteria. (b) CONGRESSIONAL REVIEW OF CRITERIA AMENDMENTS.—(1)

Amtrak shall submit to Congress a draft of an amendment to

the route and service criteria when Amtrak decides an amendment

is appropriate. The amendment is effective at the end of the first

period of 120 calendar days of continuous session of Congress after

it is submitted unless there is enacted into law during the period

a joint resolution stating Congress does not approve the amendment. (2) In this subsection—

(A) a continuous session of Congress is broken only by

an adjournment sine die; and (B) the 120-day period does not include days on which

either House is not in session because of adjournment of more

than 3 days to a day certain.

(c) NONAPPLICATION.—The route and service criteria do not

apply to—

(1) increasing or, because of construction schedules or other

temporary disruptive facts or seasonal fluctuations in ridership,

decreasing the number of trains on an existing route or a

part of an existing route or on a route on which additional

trains are being tested;

(2) carrying out the recommendations developed under section 4 of the Amtrak Improvement Act of 1978;

(3) rerouting transportation between major population centers on an existing route; or

(4)(A) modifying transportation operations under section

24707(a) of this title; and
H. R. 1758—181

(B) modifying the route system or discontinuing transportation under section 24707(b) of this title.

§ 24704. Transportation requested by States, authorities, and

other persons

(a) APPLICATIONS TO BEGIN OR KEEP TRANSPORTATION.—(1)

A State, a regional or local authority, or another person may apply

to Amtrak and request Amtrak to provide rail passenger transportation or keep any part of a train, route, or service that Amtrak

intends to discontinue under section 24706(a) or (b) or 24707(a)

or (b) of this title. An application shall—

(A) assure Amtrak that the State, authority, or person

has sufficient resources to meet its share of the cost of the

transportation for the time the transportation will be provided;

(B) contain a market analysis acceptable to Amtrak to

ensure that there is adequate demand for the transportation;

and

(C) commit the State, authority, or person to provide at

least 45 percent of the short term avoidable loss of providing

the transportation the first year the transportation is provided

and at least 65 percent of the short term avoidable loss each

of the following years, and, except as provided in section

24104(a) of this title, at least 50 percent of associated capital

costs each year the transportation is provided.

(2) An application submitted by more than one State shall

be considered in the same way as an application submitted by

one State, without it being necessary for each State to comply

with paragraph (1) of this subsection. (b) ACTIONS ON APPLICATIONS.—(1) Amtrak shall review each

application submitted under subsection (a) of this section to decide

whether—

(A) the application complies with subsection (a); and

(B) there is a reasonable probability that Amtrak can provide the transportation from available resources.

(2) Amtrak may make an agreement with an applicant under

this section to begin or keep the transportation if Amtrak decides

that the transportation can be provided with resources available

to Amtrak. An agreement may be renewed for additional periods

of not more than 2 years each. (c) SELECTING AMONG COMPETING APPLICATIONS.—If more than

one application is made for transportation consistent with the

requirements of subsection (a) of this section, but all the transportation applied for cannot be provided with the available resources

of Amtrak, the board of directors of Amtrak shall select the

transportation that best serves the public interest and can be provided with the available resources of Amtrak.

(d) FARE INCREASES.—(1) Before increasing a fare applicable

to transportation provided under subsection (b)(2) of this section

by more than 5 percent during a 6-month period, Amtrak shall

consult with officials of each State affected by the increase and

explain why the increase is necessary.

(2) Except as provided in paragraph (3) of this subsection,

a fare increase described in paragraph (1) of this subsection takes

effect 90 days after Amtrak first consults with the affected States.

However, not later than 30 days after the first consultation, a

State may submit proposals to Amtrak for reducing costs and

increasing revenues of the transportation. Amtrak shall consider
H. R. 1758—182

the proposals in deciding how much of the proposed increase shall

go into effect.

(3)(A) Amtrak may increase a fare without regard to the restrictions of this subsection during—

(i) the first month of a fiscal year if the authorization

of appropriations and the appropriations for Amtrak are not

enacted at least 90 days before the beginning of the fiscal

year; or

(ii) the 30 days following enactment of an appropriation

for Amtrak or a rescission of an appropriation.

(B) Amtrak shall notify each affected State of an increase

under subparagraph (A) of this paragraph as soon as possible

after Amtrak decides to increase a fare.

(e) DETERMINING LOSS, COSTS, AND REVENUES.—After consulting with officials of each State contributing to providing transportation under subsection (b)(2) of this section, the board shall establish the basis for determining short term avoidable loss and associated capital costs of, and revenues from, the transportation. Amtrak

shall give State officials the basis for determining the loss, cost,

and revenue for each route on which transportation is provided

under subsection (b)(2).

(f) AVAILABILITY OF AMOUNTS.—Amounts provided by Amtrak

under an agreement with an applicant under subsection (b)(2) of

this section that are allocated for associated capital costs remain

available until expended.

(g) ADVERTISING AND PROMOTION.—At least 2 percent but not

more than 5 percent of the revenue generated by transportation

provided under subsection (b)(2) of this section shall be used for

advertising and promotion at the local level.

§ 24705. Additional qualifying routes

(a) ROUTES RECOMMENDED FOR DISCONTINUANCE.—(1) To maintain a national intercity rail passenger system in the United States

and if a reduction in operating expenses can be achieved, Amtrak

shall provide rail passenger transportation over each route the

Secretary of Transportation recommended be discontinued under

section 4 of the Amtrak Improvement Act of 1978 and may restructure a route to serve a major population center as an ending

place or principal intermediate place. Transportation over a long

distance route shall be maintained if the Amtrak estimate for

the fiscal year ending September 30, 1980, was that the short

term avoidable loss for each passenger mile on the route was

not more than 7 cents. Transportation over a short distance route

shall be maintained if the Amtrak estimate for the fiscal year

ending September 30, 1980, was that the short term avoidable

loss for each passenger mile on the route was not more than

9 cents.

(2) For all routes, Amtrak shall calculate short term avoidable

loss for each passenger-mile based on consistently defined factors.

Calculations shall be based on the most recent available statistics

for a 90-day period, except that Amtrak may use historical information adjusted to reflect the most recent available statistics.

(b) DEFERRAL OF SECRETARY’S RECOMMENDATIONS.—(1) To provide equivalent or improved transportation consistent with the goals

of section 4(a) of the Act, Amtrak may defer carrying out a recommendation of the Secretary under section 4 of the Act that

requires providing transportation over a rail line not used in inter-
H. R. 1758—183

city rail passenger transportation on May 24, 1979, requires using

a new facility, or requires making a new labor agreement, until

any necessary capital improvements are made in the line or facility

or the agreement is made.

(2) Notwithstanding another law and the route and service

criteria, during the period a decision of the Secretary under section

4 of the Act is deferred, Amtrak shall provide substitute transportation over existing routes recommended for restructuring and over

other existing feasible routes. Except for transportation concentrating on commuter ridership over a short haul route, transportation

provided under this paragraph may be provided only if the route

complies with subsection (a) of this section, adjusted to reflect

constant 1979 dollars.

(c) SHORT HAUL DEMONSTRATION ROUTES.—Notwithstanding

this part, Amtrak may provide short haul trains on additional

routes totaling not more than 200 miles that link at least 2 major

metropolitan areas—

(1) on a demonstration basis to establish the feasibility

and benefits of the transportation; and

(2) to the extent available resources allow.

(d) ROUTES DISCONTINUED BY RAIL CARRIERS.—Amtrak may

undertake to provide rail passenger transportation between places

served by a rail carrier filing a notice of discontinuance under

section 10908 or 10909 of this title.

§ 24706. Discontinuance

(a) NOTICE OF DISCONTINUANCE.—(1) Except as provided in

subsection (b) of this section, at least 90 days before a discontinuance under section 24704 or 24707(a) or (b) of this title, Amtrak

shall give notice of the discontinuance in the way Amtrak decides

will give a State, a regional or local authority, or another person

the opportunity to agree to share the cost of any part of the

train, route, or service to be discontinued.

(2) Notice of the discontinuance under section 24704 or 24707(a)

or (b) of this title shall be posted in all stations served by the

train to be discontinued at least 14 days before the discontinuance.

(b) DISCONTINUANCE FOR LACK OF APPROPRIATIONS.—(1)

Amtrak may discontinue service under section 24704 or 24707(a)

or (b) of this title during—

(A) the first month of a fiscal year if the authorization

of appropriations and the appropriations for Amtrak are not

enacted at least 90 days before the beginning of the fiscal

year; and

(B) the 30 days following enactment of an appropriation

for Amtrak or a rescission of an appropriation.

(2) Amtrak shall notify each affected State or regional or local

transportation authority of a discontinuance under this subsection

as soon as possible after Amtrak decides to discontinue the service.

(c) EMPLOYEE PROTECTIVE ARRANGEMENTS.—(1) Amtrak or a

rail carrier (including a terminal company) shall provide fair and

equitable arrangements to protect the interests of employees of

Amtrak or a rail carrier, as the case may be, affected by a discontinuance of intercity rail passenger service, including a discontinuance of service provided by a rail carrier under a facility

or service agreement under section 24308(a) of this title under

a modification or ending of the agreement or because Amtrak begins
H. R. 1758—184

providing that service. Arrangements shall include provisions that

may be necessary for—

(A) the preservation of rights, privileges, and benefits

(including continuation of pension rights and benefits) under

existing collective bargaining agreements or otherwise;

(B) the continuation of collective bargaining rights;

(C) the protection of individual employees against a worsening of their positions related to employment;

(D) assurances of priority of reemployment of employees

whose employment is ended or who are laid off; and

(E) paid training and retraining programs.

(2) With respect to Amtrak’s obligations under this subsection

and in an agreement to carry out this subsection involving only

Amtrak and its employees, a discontinuance of intercity rail passenger service does not include an adjustment in frequency, or

seasonal suspension of intercity rail passenger trains that causes

a temporary suspension of service, unless the adjustment or suspension reduces passenger train operations on a particular route to

fewer than 3 round trips a week at any time during a calendar

year.

(3) Arrangements under this subsection shall provide benefits

at least equal to benefits established under section 11347 of this

title.

(4) A contract under this chapter or section 24308(a) of this

title shall specify the terms of protective arrangements.

(5) This subsection does not impose on Amtrak an obligation

of a rail carrier related to a right, privilege, or benefit earned

by an employee because of previous service performed for the carrier.

(6) This subsection does not apply to Amtrak Commuter.

§ 24707. Cost and performance review

(a) ROUTE REVIEWS.—Amtrak shall review annually each route

in the basic system to decide if the route meets the long distance

or short distance route criterion, as appropriate, under section

24705(a)(1) of this title, adjusted to reflect constant 1979 dollars.

The review shall include an evaluation of the potential market

demand for, and the cost of providing transportation on, a part

of the route and an alternative route. Amtrak shall submit the

results of the review to the House of Representatives, the Senate,

and the Secretary of Transportation. If Amtrak decides that a

route will not meet the criterion under section 24705(a)(1), as

adjusted, Amtrak shall modify or discontinue rail passenger

transportation operations on the route so that it will meet the

criterion.

(b) FINANCIAL REQUIREMENTS AND PERFORMANCE STANDARDS.—

Not later than 30 days after the beginning of each fiscal year,

Amtrak shall evaluate the financial requirements for operating

the basic system and the progress in achieving the system-wide

performance standards prescribed under this part during the fiscal

year. If Amtrak decides amounts available for the fiscal year are

not enough to meet estimated operating costs, or if Amtrak estimates it cannot meet the performance standards, Amtrak shall

act to reduce costs and improve performance. Action under this

subsection shall be designed to continue the maximum level of

transportation practicable, including—

(1) changing the frequency of transportation;
H. R. 1758—185

(2) increasing fares;

(3) reducing the cost of sleeper car and dining car service

on certain routes;

(4) increasing the passenger capacity of cars used on certain

routes; and

(5) modifying the route system or discontinuing transportation over routes, considering short term avoidable loss and

the number of passengers served on those routes.

(c) COST LIMITATIONS AND REVENUE GOALS.—Annual costs of

Amtrak may not be more than amounts, including grants made

under section 24104 of this title, contributions of States, regional

and local authorities, and other persons, and revenues, available

to Amtrak in the fiscal year. Amtrak annually shall set a goal

of recovering an amount so that its revenues, including contributions, is at least 61 percent of its costs, except capital costs.

(d) CONDUCTOR REPORTS.—To assess the operational performance of trains, the President of Amtrak may direct the conductor

on any train of Amtrak to report to Amtrak any inadequacy of

train operation. The report shall be signed by the conductor, contain

sufficient information to locate equipment or personnel failures,

and be submitted promptly to Amtrak.

§ 24708. Special commuter transportation

(a) TRANSPORTATION TO BE CONTINUED IF CRITERION MET.—

Amtrak shall continue to provide rail passenger transportation

provided under section 403(d) of the Rail Passenger Service Act

before October 1, 1981, if, after considering estimated fare increases

and State and local contributions to the transportation, the

transportation meets the short distance route criterion under section

24705(a)(1) of this title, as adjusted. Transportation continued under

this section shall be financed consistent with the method of financing in effect on September 30, 1981. If the transportation is not

estimated to meet the criterion, as adjusted, Amtrak may modify

or discontinue the transportation so that the criterion is met.

(b) TRANSPORTATION WITH SHORT-TERM AVOIDABLE LOSS.—Notwithstanding subsection (a) of this section, if after September 30,

1993, and before October 1, 1995, transportation provided under

subsection (a) on a route during the prior 6 months has a shortterm avoidable loss (excluding the cost of providing passenger equipment needed to provide the transportation), Amtrak may choose

to consider modifying or discontinuing the transportation. If Amtrak

does make such a choice, Amtrak shall solicit public comment

for at least 30 days on alternatives to the modification or discontinuance. Not later than 60 days after the comment period ends, Amtrak

may modify or discontinue the transportation so that there is no

short-term avoidable loss under this section for providing the

transportation on the route.

§ 24709. International transportation

Amtrak may develop and operate international intercity rail

passenger transportation between the United States and Canada

and between the United States and Mexico. The Secretary of the

Treasury and the Attorney General, in cooperation with Amtrak,

shall maintain, consistent with the effective enforcement of the

immigration and customs laws, en route customs inspection and

immigration procedures for international intercity rail passenger

transportation that will—
H. R. 1758—186

(1) be convenient for passengers; and

(2) result in the quickest possible international intercity

rail passenger transportation.

CHAPTER 249—NORTHEAST CORRIDOR IMPROVEMENT

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.

§ 24901. Definitions

In this chapter—

(1) ‘‘final system plan’’ means the final system plan (including additions) adopted by the United States Railway Association

under the Regional Rail Reorganization Act of 1973 (45 U.S.C.

701 et seq.).

(2) ‘‘rail carrier’’ means an express carrier and a rail carrier

as defined in section 10102 of this title, including Amtrak.

§ 24902. Goals and requirements

(a) NORTHEAST CORRIDOR IMPROVEMENT PLAN.—To the extent

of amounts appropriated under section 24909 of this title, Amtrak

shall carry out a Northeast Corridor improvement program to

achieve the following goals: (1) establish not later than September 30, 1985, regularly

scheduled and dependable intercity rail passenger transportation between—

(A) Boston, Massachusetts, and New York, New York,

in not more than 3 hours and 40 minutes, including intermediate stops; and

(B) New York, New York, and the District of Columbia,

in not more than 2 hours and 40 minutes, including intermediate stops;

(2) improve facilities, under route criteria approved by Congress, on routes to Harrisburg, Pennsylvania, Albany, New

York, and Atlantic City, New Jersey, from the Northeast Corridor main line, and to Boston, Massachusetts, and New Haven,

Connecticut, from Springfield, Massachusetts, to make those

facilities more compatible with improved high-speed transportation provided on the Northeast Corridor main line;

(3) improve nonoperational parts of stations, related facilities, and fencing used in intercity rail passenger transportation;

(4) facilitate improvements in, and usage of, commuter

rail passenger, rail rapid transit, and local public transportation, to the extent compatible with clauses (1)–(3) of this

subsection and subsections (f) and (h) of this section;

(5) maintain and improve rail freight transportation in

or adjacent to the Northeast Corridor and through-freight

transportation in the Northeast Corridor, to the extent compatible with clauses (1)–(4) of this subsection and subsections

(f) and (h) of this section;
H. R. 1758—187

(6) continue and improve passenger radio mobile telephone

service on high-speed rail passenger transportation between

Boston, Massachusetts, and the District of Columbia, to the

extent compatible with clauses (1)–(3) of this subsection and

subsections (f) and (h) of this section; and

(7) eliminate to the maximum extent practicable congestion

in rail freight and rail passenger transportation at the Baltimore and Potomac Tunnel in Baltimore, Maryland, by rehabilitating and improving the tunnel and the rail lines approaching

the tunnel.

(b) MANAGING COSTS AND REVENUES.—Amtrak shall manage

its operating costs, pricing policies, and other factors with the

goal of having revenues derived each fiscal year from providing

intercity rail passenger transportation over the Northeast Corridor

route between the District of Columbia and Boston, Massachusetts,

equal at least the operating costs of providing that transportation

in that fiscal year.

(c) COST SHARING FOR NONOPERATIONAL FACILITIES.—(1) Fifty

percent of the cost of improvements under subsection (a)(3) of

this section shall be paid by a State, local or regional transportation

authority or other responsible party. However, Amtrak may finance

entirely a safety-related improvement.

(2) When a part of the cost of improvements under subsection

(a)(3) of this section will be paid by a responsible party under

paragraph (1) of this subsection, Amtrak may make an agreement

with the party under which Amtrak—

(A) shall carry out the improvements with amounts appropriated under section 24909 of this title and the party shall

reimburse Amtrak; and

(B) to the extent provided in an appropriation law, may

incur obligations for contracts to carry out the improvements

in anticipation of reimbursement.

(3) Amounts reimbursed to Amtrak under paragraph (2) of

this subsection shall be credited to the appropriation originally

charged for the cost of the improvements and are available for

further obligation. (d) PASSENGER RADIO MOBILE TELEPHONE SERVICE.—The President and departments, agencies, and instrumentalities of the United

States Government shall assist Amtrak under subsection (a)(6)

of this section, subject to the Communications Act of 1934 (47

U.S.C. 151 et seq.) and radio services standards, when the Federal

Communications Commission decides the assistance is in the public

interest, convenience, and necessity. (e) PRIORITIES IN SELECTING AND SCHEDULING PROJECTS.— When selecting and scheduling specific projects, Amtrak shall apply

the following considerations, in the following order of priority:

(1) Safety-related items should be completed before other

items because the safety of the passengers and users of the

Northeast Corridor is paramount.

(2) Activities that benefit the greatest number of passengers

should be completed before activities involving fewer passengers.

(3) Reliability of intercity rail passenger transportation

must be emphasized.

(4) Trip-time requirements of this section must be achieved

to the extent compatible with the priorities referred to in paragraphs (1)–(3) of this subsection.
H. R. 1758—188

(5) Improvements that will pay for the investment by

achieving lower operating or maintenance costs should be carried out before other improvements.

(6) Construction operations should be scheduled so that

the fewest possible passengers are inconvenienced, transportation is maintained, and the on-time performance of Northeast

Corridor commuter rail passenger and rail freight transportation is optimized.

(7) Planning should focus on completing activities that

will provide immediate benefits to users of the Northeast Corridor.

(f) COMPATIBILITY WITH FUTURE IMPROVEMENTS AND PRODUCTION OF MAXIMUM LABOR BENEFITS.—Improvements under this section shall be compatible with future improvements in transportation

and shall produce the maximum labor benefit from hiring individuals presently unemployed.

(g) AUTOMATIC TRAIN CONTROL SYSTEMS.—A train operating

on the Northeast Corridor main line or between the main line

and Atlantic City shall be equipped with an automatic train control

system designed to slow or stop the train in response to an external

signal.

(h) HIGH-SPEED TRANSPORTATION.—If practicable, Amtrak shall

establish intercity rail passenger transportation in the Northeast

Corridor that carries out section 703(1)(E) of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210,

90 Stat. 121).

(i) EQUIPMENT DEVELOPMENT.—Amtrak shall develop

economical and reliable equipment compatible with track, operating,

and marketing characteristics of the Northeast Corridor, including

the capability to meet reliable trip times under section 703(1)(E)

of the Railroad Revitalization and Regulatory Reform Act of 1976

(Public Law 94–210, 90 Stat. 121) in regularly scheduled revenue

transportation in the Corridor, when the Northeast Corridor

improvement program is completed. Amtrak must decide that equipment complies with this subsection before buying equipment with

financial assistance of the Government. Amtrak shall submit a

request for an authorization of appropriations for production of

the equipment.

(j) AGREEMENTS FOR OFF-CORRIDOR ROUTING OF RAIL FREIGHT

TRANSPORTATION.—(1) Amtrak may make an agreement with a

rail freight carrier or a regional transportation authority under

which the carrier will carry out an alternate off-corridor routing

of rail freight transportation over rail lines in the Northeast Corridor between the District of Columbia and New York metropolitan

areas, including intermediate points. The agreement shall be for

at least 5 years.

(2) Amtrak shall apply to the Interstate Commerce Commission

for approval of the agreement and all related agreements accompanying the application as soon as the agreement is made. If

the Commission finds that approval is necessary to carry out this

chapter, the Commission shall approve the application and related

agreements not later than 90 days after receiving the application.

(3) If an agreement is not made under paragraph (1) of this

subsection, Amtrak, with the consent of the other parties, may

apply to the Interstate Commerce Commission. Not later than 90

days after the application, the Commission shall decide on the

terms of an agreement if it decides that doing so is necessary
H. R. 1758—189

to carry out this chapter. The decision of the Commission is binding

on the other parties.

(k) COORDINATION.—(1) The Secretary of Transportation shall

coordinate—

(A) transportation programs related to the Northeast Corridor to ensure that the programs are integrated and consistent

with the Northeast Corridor improvement program; and

(B) amounts from departments, agencies, and instrumentalities of the Government to achieve urban redevelopment and

revitalization in the vicinity of urban rail stations in the Northeast Corridor served by intercity and commuter rail passenger

transportation.

(2) If the Secretary finds significant noncompliance with this

section, the Secretary may deny financing to a noncomplying program until the noncompliance is corrected.

(l) COMPLETION.—Amtrak shall give the highest priority to

completing the program.

§ 24903. Program master plan for Boston-New York main line

(a) CONTENTS.—Not later than October 27, 1993, in consultation

with Amtrak and the commuter and freight rail carriers operating

over the Northeast Corridor main line between Boston, Massachusetts, and New York, New York, the Secretary of Transportation

shall submit to the Committee on Energy and Commerce of the

House of Representatives and the Committee on Commerce, Science,

and Transportation of the Senate a program master plan for a

coordinated program of improvements to that main line that will

allow the establishment of regularly scheduled, safe, and dependable rail passenger transportation between Boston, Massachusetts,

and New York, New York, in not more than 3 hours, including

intermediate stops. The plan shall include—

(1) a description of the implications of the improvements

for the regional transportation system, including the probable

effects on general travel trends and on travel volumes in other

transportation modes and the implications for State and local

governments in achieving compliance with the Clean Air Act

(42 U.S.C. 7401 et seq.);

(2) an identification of the coordinated program of improvements and the specific projects of that program, including the

estimated costs, schedules, timing, and relationship of those

projects with other projects; (3) an identification of the financial responsibility for the

specific projects of that program and the sources of the amounts

for the projects; (4) an operating plan for the construction period of the

improvements that shows a coordinated approach to scheduling

intercity and commuter trains;

(5) an operating plan for the coordinated scheduling of

intercity and commuter trains for the period after the program

is completed, including priority scheduling, dispatching, and

occupancy of tracks for appropriately frequent, regularly scheduled intercity rail passenger transportation between Boston,

Massachusetts, and New York, New York, in not more than

3 hours, including intermediate stops;

(6) a comprehensive plan to control future congestion in

the Northeast Corridor attributable to increases in intercity

and commuter rail passenger transportation;
H. R. 1758—190

(7) an assessment of long-term operational safety needs

and a list of specific projects designed to maximize operational

safety; and

(8) comments that Amtrak submits to the Secretary on

the plan.

(b) SUBMITTING MODIFICATIONS OF PLAN TO CONGRESS.—The

Secretary shall submit to Congress any modification made to the

program master plan and comments that Amtrak submits on the

modification.

§ 24904. General authority

(a) GENERAL.—To carry out this chapter and the Regional Rail

Reorganization Act of 1973 (45 U.S.C. 701 et seq.), Amtrak may—

(1) acquire, maintain, and dispose of any interest in property used to provide improved high-speed rail transportation

under section 24902 of this title;

(2) acquire any interest in real property that Amtrak

considers necessary to carry out the goals of section 24902;

(3) provide for rail freight, intercity rail passenger, and

commuter rail passenger transportation over property acquired

under this section;

(4) improve rail rights of way between Boston, Massachusetts, and the District of Columbia (including the route through

Springfield, Massachusetts, and routes to Harrisburg, Pennsylvania, and Albany, New York, from the Northeast Corridor

main line) to achieve the goals of section 24902 of providing

improved high-speed rail passenger transportation between

Boston, Massachusetts, and the District of Columbia, and intermediate intercity markets; (5) acquire, build, improve, and install passenger stations,

communications and electric power facilities and equipment,

public and private highway and pedestrian crossings, and other

facilities and equipment necessary to provide improved highspeed rail passenger transportation over rights of way improved

under clause (4) of this subsection;

(6) make agreements with other carriers and commuter

authorities to grant, acquire, or make arrangements for rail

freight or commuter rail passenger transportation over, rights

of way and facilities acquired under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.) and the Railroad

Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.

801 et seq.);

(7) appoint a general manager of the Northeast Corridor

improvement program; and (8) make agreements with telecommunications common carriers, subject to the Communications Act of 1934 (47 U.S.C.

151 et seq.), to continue existing, and establish new and

improved, passenger radio mobile telephone service in the highspeed rail passenger transportation area specified in section

24902(a)(1) and (2).

(b) COMPENSATORY AGREEMENTS.—Rail freight and commuter

rail passenger transportation provided under subsection (a)(3) of

this section shall be provided under compensatory agreements with

the responsible carriers.

(c) COMPENSATION FOR TRANSPORTATION OVER CERTAIN RIGHTS

OF WAY AND FACILITIES.—(1) An agreement under subsection (a)(6)

of this section shall provide for reasonable reimbursement of costs
H. R. 1758—191

but may not cross-subsidize intercity rail passenger, commuter rail

passenger, and rail freight transportation.

(2) If the parties do not agree, the Interstate Commerce

Commission shall order that the transportation continue over facilities acquired under the Regional Rail Reorganization Act of 1973

(45 U.S.C. 701 et seq.) and the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.) and shall determine compensation (without allowing cross-subsidization between

intercity rail passenger and rail freight transportation) for the

transportation not later than 120 days after the dispute is submitted. The Commission shall assign to a rail freight carrier obtaining

transportation under this subsection the costs Amtrak incurs only

for the benefit of the carrier, plus a proportionate share of all

other costs of providing transportation under this paragraph

incurred for the common benefit of Amtrak and the carrier. The

proportionate share shall be based on relative measures of volume

of car operations, tonnage, or other factors that reasonably reflect

the relative use of rail property covered by this subsection.

(3) This subsection does not prevent the parties from making

an agreement under subsection (a)(6) of this section after the

Commission makes a decision under this subsection.

§ 24905. Coordination board and safety committee

(a) NORTHEAST CORRIDOR COORDINATION BOARD.—(1) The

Northeast Corridor Coordination Board is composed of the following

members:

(A) one individual from each commuter authority (as

defined in section 1135(a) of the Omnibus Budget Reconciliation

Act of 1981 (45 U.S.C. 1104)) that provides or makes a contract

to provide commuter rail passenger transportation over the

main line of the Northeast Corridor.

(B) 2 individuals selected by Amtrak.

(C) one individual selected by the Consolidated Rail Corporation.

(2) The Board shall recommend to Amtrak—

(A) policies that ensure equitable access to the Northeast

Corridor, considering the need for equitable access by commuter

and intercity rail passenger transportation and the requirements of section 24308(c) of this title; and

(B) equitable policies for the Northeast Corridor related

to—

(i) dispatching;

(ii) public information;

(iii) maintaining equipment and facilities;

(iv) major capital facility investments; and

(v) harmonizing equipment acquisitions, rates, and

schedules.

(3) The Board may recommend to the board of directors and

President of Amtrak action necessary to resolve differences on

providing transportation, except for facilities and transportation

matters under section 24308(a) or 24904(a)(5) and (c) of this title.

(b) NORTHEAST CORRIDOR SAFETY COMMITTEE.—(1) The Northeast Corridor Safety Committee is composed of members appointed

by the Secretary of Transportation. The members shall be representatives of—

(A) the Secretary;

(B) Amtrak;
H. R. 1758—192

(C) freight carriers operating more than 150,000 train miles

a year on the main line of the Northeast Corridor;

(D) commuter agencies;

(E) rail passengers;

(F) rail labor; and

(G) other individuals and organizations the Secretary

decides have a significant interest in rail safety.

(2) The Secretary shall consult with the Committee about safety

improvements on the Northeast Corridor main line. The Committee

shall meet at least once every 2 years to consider safety matters

on the main line.

(3) At the beginning of the first session of each Congress,

the Secretary shall submit a report to Congress on the status

of efforts to improve safety on the Northeast Corridor main line.

The report shall include the safety recommendations of the Committee and the comments of the Secretary on those recommendations.

(4) The Committee shall cease to exist on January 1, 1999,

or on another date the Secretary decides is appropriate. The Secretary shall notify Congress in writing of a decision to terminate

the Committee on another date.

§ 24906. Eliminating highway at-grade crossings

(a) PLAN.—In consultation with the States on the main line

of the Northeast Corridor, the Secretary of Transportation shall

develop a plan not later than September 30, 1993, to eliminate

all highway at-grade crossings of the main line by not later than

December 31, 1997. The plan may provide that eliminating a crossing is not required if—

(1) impracticable or unnecessary; and

(2) using the crossing is consistent with conditions the

Secretary considers appropriate to ensure safety.

(b) AMTRAK’S SHARE OF COSTS.—Amtrak shall pay 20 percent

of the cost of eliminating each highway at-grade crossing under

the plan.

§ 24907. Note and mortgage

(a) GENERAL AUTHORITY.—To secure amounts expended by the

United States Government to acquire and improve rail property

designated under section 206(c)(1)(C) and (D) of the Regional Rail

Reorganization Act of 1973 (45 U.S.C. 716(c)(1)(C) and (D)), the

Secretary of Transportation may obtain a note of indebtedness

from, and make a mortgage agreement with, Amtrak to establish

a mortgage lien on the property for the Government. The note

and mortgage may not supersede section 24904 of this title.

(b) EXEMPTIONS FROM LAWS AND REGULATIONS.—The note and

agreement under subsection (a) of this section, and a transaction

related to the note or agreement, are exempt from any United

States, State, or local law or regulation that regulates securities

or the issuance of securities. The note, agreement, or transaction

under this section has the same immunities from other laws that

section 601 of the Act (45 U.S.C. 791) gives to transactions that

comply with or carry out the final system plan. The transfer of

rail property because of the note, agreement, or transaction has

the same exemptions, privileges, and immunities that the Act (45

U.S.C. 701 et seq.) gives to a transfer ordered or approved by

the special court under section 303(b) of the Act (45 U.S.C. 743(b)).
H. R. 1758—193

(c) IMMUNITY FROM LIABILITY AND INDEMNIFICATION.—Amtrak,

its board of directors, and its individual directors are not liable

because Amtrak has given or issued the note or agreement to

the Government under subsection (a) of this section. Immunity

granted under this subsection also applies to a transaction related

to the note or agreement. The Government shall indemnify Amtrak,

its board, and individual directors against costs and expenses actually and reasonably incurred in defending a civil action testing

the validity of the note, agreement, or transaction.

§ 24908. Transfer taxes and levies and recording charges

A transfer of an interest in rail property under this chapter

is exempt from a tax or levy related to the transfer that is imposed

by the United States Government, a State, or a political subdivision

of a State. On payment of the appropriate and generally applicable

charge for the service performed, a transferee or transferor may

record an instrument and, consistent with the final system plan,

the release or removal of a pre-existing lien or encumbrance of

record related to the interest transferred.

§ 24909. Authorization of appropriations

(a) GENERAL.—(1) Not more than $2,313,000,000 may be appropriated to the Secretary of Transportation to achieve the goals

of section 24902(a)(1) of this title. From this amount, the following

amounts shall be expended by Amtrak:

(A) at least $27,000,000 for equipment modification and

replacement that a State or a local or regional transportation

authority must bear because of the electrification conversion

system of the Northeast Corridor under this chapter. (B) $30,000,000—

(i) to improve the main line track between the Northeast Corridor main line and Atlantic City, New Jersey,

to ensure that the track, consistent with a plan New Jersey

developed in consultation with Amtrak to provide rail passenger transportation between the Northeast Corridor main

line and Atlantic City, New Jersey, would be of sufficient

quality to allow safe rail passenger transportation at a

minimum of 79 miles an hour not later than September

30, 1985; and

(ii) to promote rail passenger use of the track. (C) necessary amounts to— (i) develop Union Station in the District of Columbia;

(ii) install 189 track-miles, and renew 133 track-miles,

of concrete ties with continuously welded rail between the

District of Columbia and New York, New York;

(iii) install reverse signaling between Philadelphia,

Pennsylvania, and Morrisville, Pennsylvania, on numbers

2 and 3 track;

(iv) restore ditch drainage in concrete tie locations

between the District of Columbia and New York, New

York;

(v) undercut 83 track-miles between the District of

Columbia and New York, New York;

(vi) rehabilitate bridges between the District of Columbia and New York, New York (including Hi line);

(vii) develop a maintenance of way equipment repair

facility between the District of Columbia and New York,
H. R. 1758—194

New York, and build maintenance of way bases at Philadelphia, Pennsylvania, Sunnyside, New York, and Cedar Hill,

Connecticut;

(viii) stabilize the roadbed between the District of

Columbia and New York, New York;

(ix) automate the Bush River Drawbridge at milepost

72.14;

(x) improve the New York Service Facility to develop

rolling stock repair capability;

(xi) install a rail car washer facility at Philadelphia,

Pennsylvania;

(xii) restore storage tracks and buildings at the

Washington Service Facility;

(xiii) install centralized traffic control from Landlith,

Delaware, to Philadelphia, Pennsylvania;

(xiv) improve track, including high speed surfacing,

ballast cleaning, and associated equipment repair and

material distribution;

(xv) rehabilitate interlockings between the District of

Columbia and New York, New York;

(xvi) paint the Connecticut River, Groton, and Pelham

Bay bridges;

(xvii) provide additional catenary renewal and power

supply upgrading between the District of Columbia and

New York, New York;

(xviii) rehabilitate structural, electrical, and mechanical systems at the 30th Street Station in Philadelphia,

Pennsylvania; (xix) install evacuation and fire protection facilities

in tunnels in New York, New York;

(xx) improve the communication and signal systems

between Wilmington, Delaware, and Boston, Massachusetts, on the Northeast Corridor main line, and between

Philadelphia, Pennsylvania, and Harrisburg, Pennsylvania,

on the Harrisburg Line; (xxi) improve the electric traction systems between

Wilmington, Delaware, and Newark, New Jersey; (xxii) install baggage rack restraints, seat back guards,

and seat lock devices on 348 passenger cars operating

in the Northeast Corridor;

(xxiii) install 44 event recorders and 10 electronic

warning devices on locomotives operating within the Northeast Corridor; and

(xxiv) acquire cab signal test boxes and install 9 wayside loop code transmitters for use within the Northeast

Corridor.

(2) The following additional amounts may be appropriated to

the Secretary for expenditure by Amtrak:

(A) not more than $150,000,000 to achieve the goal of

section 24902(a)(3) of this title.

(B) not more than $120,000,000 to acquire interests in

property in the Northeast Corridor.

(C) not more than $650,000 to develop and use mobile

radio frequencies for passenger radio mobile telephone service

on high-speed rail passenger transportation.

(D) not more than $20,000,000 to acquire and improve

interests in rail property designated under section 206(c)(1)(D)
H. R. 1758—195

of the Regional Rail Reorganization Act of 1973 (45 U.S.C.

716(c)(1)(D)).

(E) not more than $37,000,000 to carry out section

24902(a)(7) and (j) of this title.

(b) EMERGENCY MAINTENANCE.—Not more than $25,000,000

of the amount appropriated under the Act of February 28, 1975

(Public Law 94–6, 89 Stat. 11), may be used by Amtrak for emergency maintenance on rail property designated under section

206(c)(1)(C) of the Regional Rail Reorganization Act of 1973 (45

U.S.C. 716(c)(1)(C)).

(c) PRIORITY IN USING CERTAIN AMOUNTS.—Amounts appropriated under subsection (a)(2)(B) and (D) of this section shall

be used first to repay, with interest, obligations guaranteed under

section 602 of the Rail Passenger Service Act, if the proceeds

of those obligations were used to pay the expenses of acquiring

interests in property referred to in subsection (a)(2)(B) and (D).

(d) PROHIBITION ON SUBSIDIZING COMMUTER AND FREIGHT

OPERATING LOSSES.—Amounts appropriated under this section may

not be used to subsidize operating losses of commuter rail or rail

freight transportation.

(e) SUBSTITUTING AND DEFERRING CERTAIN IMPROVEMENTS.—

(1) A project for which amounts are authorized under subsection

(a)(1)(C) of this section is a part of the Northeast Corridor improvement program and is not a substitute for improvements specified

in the document ‘‘Corridor Master Plan II, NECIP Restructured

Program’’ of January, 1982. However, Amtrak may defer the project

to carry out the improvement and rehabilitation for which amounts

are authorized under subsection (a)(1)(B) of this section. The total

cost of the project that Amtrak defers may not be substantially

more than the amount Amtrak is required to expend or reserve

under subsection (a)(1)(B).

(2) Section 24902 of this title is deemed not to be fulfilled

until the projects under subsection (a)(1)(C) of this section are

completed.

(f) AVAILABILITY OF AMOUNTS.—Amounts appropriated under

subsection (a)(1) and (2)(A) and (C)–(E) of this section remain

available until expended.

(g) AUTHORIZATIONS INCREASED BY PRIOR YEAR DEFICIENCIES.— An amount greater than that authorized for a fiscal year may

be appropriated to the extent that the amount appropriated for

any prior fiscal year is less than the amount authorized for that

year.

PART D—MISCELLANEOUS

CHAPTER 261—LAW ENFORCEMENT

Sec.

26101. Rail police officers.

26102. Limit on certain accident or incident liability.

§ 26101. Rail police officers

Under regulations prescribed by the Secretary of Transportation, a rail police officer who is employed by a rail carrier and

certified or commissioned as a police officer under the laws of

a State may enforce the laws of any jurisdiction in which the

rail carrier owns property, to the extent of the authority of a
H. R. 1758—196

police officer certified or commissioned under the laws of that

jurisdiction, to protect—

(1) employees, passengers, or patrons of the rail carrier;

(2) property, equipment, and facilities owned, leased, operated, or maintained by the rail carrier;

(3) property moving in interstate or foreign commerce in

the possession of the rail carrier; and

(4) personnel, equipment, and material moving by rail that

are vital to the national defense.

§ 26102. Limit on certain accident or incident liability

(a) GENERAL.—When a publicly financed commuter transportation authority established under Virginia law makes a contract

to indemnify Amtrak for liability for operations conducted by or

for the authority or to indemnify a rail carrier over whose tracks

those operations are conducted, liability against Amtrak, the authority, or the carrier for all claims (including punitive damages) arising

from an accident or incident in the District of Columbia related

to those operations may not be more than the limits of the liability

coverage the authority maintains to indemnify Amtrak or the carrier.

(b) MINIMUM REQUIRED LIABILITY COVERAGE.—A publicly

financed commuter transportation authority referred to in subsection (a) of this section must maintain a total minimum liability

coverage of at least $200,000,000.

(c) EFFECTIVENESS.—This section is effective only after Amtrak

or a rail carrier seeking an indemnification contract under this

section makes an operating agreement with a publicly financed

commuter transportation authority established under Virginia law

to provide access to its property for revenue transportation related

to the operations of the authority.

SUBTITLE VI—MOTOR VEHICLE AND DRIVER

PROGRAMS

PART A—GENERAL

CHAPTER Sec.

301. MOTOR VEHICLE SAFETY ..................................................................... 30101

303. NATIONAL DRIVER REGISTER ............................................................. 30301

305. NATIONAL AUTOMOBILE TITLE INFORMATION SYSTEM ............ 30501

PART B—COMMERCIAL

311. COMMERCIAL MOTOR VEHICLE SAFETY ......................................... 31101

313. COMMERCIAL MOTOR VEHICLE OPERATORS ................................. 31301

315. MOTOR CARRIER SAFETY ..................................................................... 31501

317. PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN

AND INTERNATIONAL FUEL TAX AGREEMENT. 31701

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
H. R. 1758—197

PART A—GENERAL

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.

SUBCHAPTER I—GENERAL

§ 30101. Purpose and policy

The purpose of this chapter is to reduce traffic accidents and

deaths and injuries resulting from traffic accidents. Therefore it

is necessary— (1) to prescribe motor vehicle safety standards for motor

vehicles and motor vehicle equipment in interstate commerce;

and

(2) to carry out needed safety research and development.

§ 30102. Definitions

(a) GENERAL DEFINITIONS.—In this chapter—
H. R. 1758—198

(1) ‘‘dealer’’ means a person selling and distributing new

motor vehicles or motor vehicle equipment primarily to purchasers that in good faith purchase the vehicles or equipment

other than for resale.

(2) ‘‘defect’’ includes any defect in performance, construction, a component, or material of a motor vehicle or motor

vehicle equipment.

(3) ‘‘distributor’’ means a person primarily selling and

distributing motor vehicles or motor vehicle equipment for

resale.

(4) ‘‘interstate commerce’’ means commerce between a place

in a State and a place in another State or between places

in the same State through another State.

(5) ‘‘manufacturer’’ means a person—

(A) manufacturing or assembling motor vehicles or

motor vehicle equipment; or

(B) importing motor vehicles or motor vehicle equipment for resale.

(6) ‘‘motor vehicle’’ means a vehicle driven or drawn by

mechanical power and manufactured primarily for use on public

streets, roads, and highways, but does not include a vehicle

operated only on a rail line.

(7) ‘‘motor vehicle equipment’’ means—

(A) any system, part, or component of a motor vehicle

as originally manufactured;

(B) any similar part or component manufactured or

sold for replacement or improvement of a system, part,

or component, or as an accessory or addition to a motor

vehicle; or

(C) any device or an article or apparel (except medicine or eyeglasses prescribed by a licensed practitioner) that

is not a system, part, or component of a motor vehicle

and is manufactured, sold, delivered, offered, or intended

to be used only to safeguard motor vehicles and highway

users against risk of accident, injury, or death.

(8) ‘‘motor vehicle safety’’ means the performance of a motor

vehicle or motor vehicle equipment in a way that protects

the public against unreasonable risk of accidents occurring

because of the design, construction, or performance of a motor

vehicle, and against unreasonable risk of death or injury in

an accident, and includes nonoperational safety of a motor

vehicle.

(9) ‘‘motor vehicle safety standard’’ means a minimum

standard for motor vehicle or motor vehicle equipment performance.

(10) ‘‘State’’ means a State of the United States, the District

of Columbia, Puerto Rico, the Northern Mariana Islands, Guam,

American Samoa, and the Virgin Islands.

(11) ‘‘United States district court’’ means a district court

of the United States, a United States court for Guam, the

Virgin Islands, and American Samoa, and the district court

for the Northern Mariana Islands.

(b) LIMITED DEFINITIONS.—(1) In sections 30117(b), 30118–

30121, and 30166(f) of this title—

(A) ‘‘adequate repair’’ does not include repair resulting

in substantially impaired operation of a motor vehicle or motor

vehicle equipment;
H. R. 1758—199

(B) ‘‘first purchaser’’ means the first purchaser of a motor

vehicle or motor vehicle equipment other than for resale;

(C) ‘‘original equipment’’ means motor vehicle equipment

(including a tire) installed in or on a motor vehicle at the

time of delivery to the first purchaser;

(D) ‘‘replacement equipment’’ means motor vehicle equipment (including a tire) that is not original equipment;

(E) a brand name owner of a tire marketed under a brand

name not owned by the manufacturer of the tire is deemed

to be the manufacturer of the tire;

(F) a defect in original equipment, or noncompliance of

original equipment with a motor vehicle safety standard prescribed under this chapter, is deemed to be a defect or noncompliance of the motor vehicle in or on which the equipment

was installed at the time of delivery to the first purchaser;

(G) a manufacturer of a motor vehicle in or on which

original equipment was installed when delivered to the first

purchaser is deemed to be the manufacturer of the equipment;

and

(H) a retreader of a tire is deemed to be the manufacturer

of the tire.

(2) The Secretary of Transportation may prescribe regulations

changing paragraph (1)(C), (D), (F), or (G) of this subsection.

§ 30103. Relationship to other laws

(a) UNIFORMITY OF REGULATIONS.—The Secretary of Transportation may not prescribe a safety regulation related to a motor

vehicle subject to subchapter II of chapter 105 of this title that

differs from a motor vehicle safety standard prescribed under this

chapter. However, the Secretary may prescribe, for a motor vehicle

operated by a carrier subject to subchapter II of chapter 105,

a safety regulation that imposes a higher standard of performance

after manufacture than that required by an applicable standard

in effect at the time of manufacture.

(b) PREEMPTION.—(1) When a motor vehicle safety standard

is in effect under this chapter, a State or a political subdivision

of a State may prescribe or continue in effect a standard applicable

to the same aspect of performance of a motor vehicle or motor

vehicle equipment only if the standard is identical to the standard

prescribed under this chapter. However, the United States Government, a State, or a political subdivision of a State may prescribe

a standard for a motor vehicle or motor vehicle equipment obtained

for its own use that imposes a higher performance requirement

than that required by the otherwise applicable standard under

this chapter.

(2) A State may enforce a standard that is identical to a

standard prescribed under this chapter.

(c) ANTITRUST LAWS.—This chapter does not—

(1) exempt from the antitrust laws conduct that is unlawful

under those laws; or

(2) prohibit under the antitrust laws conduct that is lawful

under those laws.

(d) WARRANTY OBLIGATIONS AND ADDITIONAL LEGAL RIGHTS

AND REMEDIES.—Sections 30117(b), 30118–30121, 30166(f), and

30167(a) and (b) of this title do not establish or affect a warranty

obligation under a law of the United States or a State. A remedy

under those sections and sections 30161 and 30162 of this title
H. R. 1758—200

is in addition to other rights and remedies under other laws of

the United States or a State.

(e) COMMON LAW LIABILITY.—Compliance with a motor vehicle

safety standard prescribed under this chapter does not exempt

a person from liability at common law.

§ 30104. Authorization of appropriations

The following amounts may be appropriated to the Secretary

of Transportation for the National Highway Traffic Safety Administration to carry out this chapter: (1) $71,333,436 for the fiscal year ending September 30,

1993.

(2) $74,044,106 for the fiscal year ending September 30,

1994.

(3) $76,857,782 for the fiscal year ending September 30,

1995.

SUBCHAPTER II—STANDARDS AND COMPLIANCE

§ 30111. Standards

(a) GENERAL REQUIREMENTS.—The Secretary of Transportation

shall prescribe motor vehicle safety standards. Each standard shall

be practicable, meet the need for motor vehicle safety, and be

stated in objective terms.

(b) CONSIDERATIONS AND CONSULTATION.—When prescribing a

motor vehicle safety standard under this chapter, the Secretary

shall—

(1) consider relevant available motor vehicle safety information;

(2) consult with the agency established under the Act of

August 20, 1958 (Public Law 85–684, 72 Stat. 635), and other

appropriate State or interstate authorities (including legislative

committees);

(3) consider whether a proposed standard is reasonable,

practicable, and appropriate for the particular type of motor

vehicle or motor vehicle equipment for which it is prescribed;

and

(4) consider the extent to which the standard will carry

out section 30101 of this title.

(c) COOPERATION.—The Secretary may advise, assist, and

cooperate with departments, agencies, and instrumentalities of the

United States Government, States, and other public and private

agencies in developing motor vehicle safety standards.

(d) EFFECTIVE DATES OF STANDARDS.—The Secretary shall

specify the effective date of a motor vehicle safety standard prescribed under this chapter in the order prescribing the standard.

A standard may not become effective before the 180th day after

the standard is prescribed or later than one year after it is prescribed. However, the Secretary may prescribe a different effective

date after finding, for good cause shown, that a different effective

date is in the public interest and publishing the reasons for the

finding. (e) 5-YEAR PLAN FOR TESTING STANDARDS.—The Secretary shall

establish and periodically review and update on a continuing basis

a 5-year plan for testing motor vehicle safety standards prescribed

under this chapter that the Secretary considers capable of being

tested. In developing the plan and establishing testing priorities,
H. R. 1758—201

the Secretary shall consider factors the Secretary considers appropriate, consistent with section 30101 of this title and the Secretary’s

other duties and powers under this chapter. The Secretary may

change at any time those priorities to address matters the Secretary

considers of greater priority. The initial plan may be the 5-year

plan for compliance testing in effect on December 18, 1991.

§ 30112. Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment

(a) GENERAL.—Except as provided in this section, sections

30113 and 30114 of this title, and subchapter III of this chapter,

a person may not manufacture for sale, sell, offer for sale, introduce

or deliver for introduction in interstate commerce, or import into

the United States, any motor vehicle or motor vehicle equipment

manufactured on or after the date an applicable motor vehicle

safety standard prescribed under this chapter takes effect unless

the vehicle or equipment complies with the standard and is covered

by a certification issued under section 30115 of this title.

(b) NONAPPLICATION.—This section does not apply to—

(1) the sale, offer for sale, or introduction or delivery for

introduction in interstate commerce of a motor vehicle or motor

vehicle equipment after the first purchase of the vehicle or

equipment in good faith other than for resale;

(2) a person—

(A) establishing that the person had no reason to know,

despite exercising reasonable care, that a motor vehicle

or motor vehicle equipment does not comply with applicable

motor vehicle safety standards prescribed under this chapter; or

(B) holding, without knowing about the noncompliance

and before the vehicle or equipment is first purchased

in good faith other than for resale, a certificate issued

by a manufacturer or importer stating the vehicle or equipment complies with applicable standards prescribed under

this chapter;

(3) a motor vehicle or motor vehicle equipment intended

only for export, labeled for export on the vehicle or equipment

and on the outside of any container of the vehicle or equipment,

and exported;

(4) a motor vehicle the Secretary of Transportation decides

under section 30141 of this title is capable of complying with

applicable standards prescribed under this chapter;

(5) a motor vehicle imported for personal use by an individual who receives an exemption under section 30142 of this

title;

(6) a motor vehicle under section 30143 of this title

imported by an individual employed outside the United States;

(7) a motor vehicle under section 30144 of this title

imported on a temporary basis;

(8) a motor vehicle or item of motor vehicle equipment

under section 30145 of this title requiring further manufacturing; or

(9) a motor vehicle that is at least 25 years old.

§ 30113. General exemptions

(a) DEFINITION.—In this section, ‘‘low-emission motor vehicle’’

means a motor vehicle meeting the standards for new motor vehicles
H. R. 1758—202

applicable to the vehicle under section 202 of the Clean Air Act

(42 U.S.C. 7521) when the vehicle is manufactured and emitting

an air pollutant in an amount significantly below one of those

standards.

(b) AUTHORITY TO EXEMPT AND PROCEDURES.—(1) The Secretary of Transportation may exempt, on a temporary basis, motor

vehicles from a motor vehicle safety standard prescribed under

this chapter on terms the Secretary considers appropriate. An

exemption may be renewed. A renewal may be granted only on

reapplication and must conform to the requirements of this subsection.

(2) The Secretary may begin a proceeding under this subsection

when a manufacturer applies for an exemption or a renewal of

an exemption. The Secretary shall publish notice of the application

and provide an opportunity to comment. An application for an

exemption or for a renewal of an exemption shall be filed at a

time and in the way, and contain information, this section and

the Secretary require.

(3) The Secretary may act under this subsection on finding

that—

(A) an exemption is consistent with the public interest

and this chapter; and

(B)(i) compliance with the standard would cause substantial

economic hardship to a manufacturer that has tried to comply

with the standard in good faith;

(ii) the exemption would make easier the development or

field evaluation of a new motor vehicle safety feature providing

a safety level at least equal to the safety level of the standard;

(iii) the exemption would make the development or field

evaluation of a low-emission motor vehicle easier and would

not unreasonably lower the safety level of that vehicle; or

(iv) compliance with the standard would prevent the manufacturer from selling a motor vehicle with an overall safety

level at least equal to the overall safety level of nonexempt

vehicles.

(c) CONTENTS OF APPLICATIONS.—A manufacturer applying for

an exemption under subsection (b) of this section shall include

the following information in the application:

(1) if the application is made under subsection (b)(3)(B)(i)

of this section, a complete financial statement describing the

economic hardship and a complete description of the manufacturer’s good faith effort to comply with each motor vehicle

safety standard prescribed under this chapter from which the

manufacturer is requesting an exemption.

(2) if the application is made under subsection (b)(3)(B)(ii)

of this section, a record of the research, development, and

testing establishing the innovative nature of the safety feature

and a detailed analysis establishing that the safety level of

the feature at least equals the safety level of the standard.

(3) if the application is made under subsection (b)(3)(B)(iii)

of this section, a record of the research, development, and

testing establishing that the motor vehicle is a low-emission

motor vehicle and that the safety level of the vehicle is not

lowered unreasonably by exemption from the standard.

(4) if the application is made under subsection (b)(3)(B)(iv)

of this section, a detailed analysis showing how the vehicle
H. R. 1758—203

provides an overall safety level at least equal to the overall

safety level of nonexempt vehicles.

(d) ELIGIBILITY.—A manufacturer is eligible for an exemption

under subsection (b)(3)(B)(i) of this section only if the Secretary

determines that the manufacturer’s total motor vehicle production

in the most recent year of production is not more than 10,000.

A manufacturer is eligible for an exemption under subsection

(b)(3)(B)(ii), (iii), or (iv) of this section only if the Secretary determines the exemption is for not more than 2,500 vehicles to be

sold in the United States in any 12-month period.

(e) MAXIMUM PERIOD.—An exemption or renewal under subsection (b)(3)(B)(i) of this section may be granted for not more

than 3 years. An exemption or renewal under subsection (b)(3)(B)(ii),

(iii), or (iv) of this section may be granted for not more than

2 years.

(f) DISCLOSURE.—The Secretary may make public, by the 10th

day after an application is filed, information contained in the

application or relevant to the application unless the information

concerns or is related to a trade secret or other confidential information not relevant to the application.

(g) NOTICE OF DECISION.—The Secretary shall publish in the

Federal Register a notice of each decision granting an exemption

under this section and the reasons for granting it.

(h) PERMANENT LABEL REQUIREMENT.—The Secretary shall

require a permanent label to be fixed to a motor vehicle granted

an exemption under this section. The label shall either name or

describe each motor vehicle safety standard prescribed under this

chapter from which the vehicle is exempt. The Secretary may

require that written notice of an exemption be delivered by appropriate means to the dealer and the first purchaser of the vehicle

other than for resale.

§ 30114. Special exemptions

The Secretary of Transportation may exempt a motor vehicle or item of motor vehicle equipment from section 30112(a) of this

title on terms the Secretary decides are necessary for research,

investigations, demonstrations, training, or competitive racing

events.

§ 30115. Certification of compliance

A manufacturer or distributor of a motor vehicle or motor

vehicle equipment shall certify to the distributor or dealer at delivery that the vehicle or equipment complies with applicable motor

vehicle safety standards prescribed under this chapter. A person

may not issue the certificate if, in exercising reasonable care, the

person has reason to know the certificate is false or misleading

in a material respect. Certification of a vehicle must be shown

by a label or tag permanently fixed to the vehicle. Certification

of equipment may be shown by a label or tag on the equipment

or on the outside of the container in which the equipment is delivered.

§ 30116. Defects and noncompliance found before sale to purchaser

(a) ACTIONS REQUIRED OF MANUFACTURERS AND DISTRIBUTORS.—If, after a manufacturer or distributor sells a motor vehicle

or motor vehicle equipment to a distributor or dealer and before
H. R. 1758—204

the distributor or dealer sells the vehicle or equipment, it is decided

that the vehicle or equipment contains a defect related to motor

vehicle safety or does not comply with applicable motor vehicle

safety standards prescribed under this chapter—

(1) the manufacturer or distributor immediately shall

repurchase the vehicle or equipment at the price paid by the

distributor or dealer, plus transportation charges and reasonable reimbursement of at least one percent a month of the

price paid prorated from the date of notice of noncompliance

or defect to the date of repurchase; or

(2) if a vehicle, the manufacturer or distributor immediately

shall give to the distributor or dealer at the manufacturer’s

or distributor’s own expense, the part or equipment needed

to make the vehicle comply with the standards or correct the

defect.

(b) DISTRIBUTOR OR DEALER INSTALLATION.—The distributor

or dealer shall install the part or equipment referred to in subsection (a)(2) of this section. If the distributor or dealer installs

the part or equipment with reasonable diligence after it is received,

the manufacturer shall reimburse the distributor or dealer for the

reasonable value of the installation and a reasonable reimbursement

of at least one percent a month of the manufacturer’s or distributor’s

selling price prorated from the date of notice of noncompliance

or defect to the date the motor vehicle complies with applicable

motor vehicle safety standards prescribed under this chapter or

the defect is corrected.

(c) ESTABLISHING AMOUNT DUE AND CIVIL ACTIONS.—The parties shall establish the value of installation and the amount of

reimbursement under this section. If the parties do not agree,

or if a manufacturer or distributor refuses to comply with subsection

(a) or (b) of this section, the distributor or dealer purchasing the

motor vehicle or motor vehicle equipment may bring a civil action.

The action may be brought in a United States district court for

the judicial district in which the manufacturer or distributor resides,

is found, or has an agent, to recover damages, court costs, and

a reasonable attorney’s fee. An action under this section must

be brought not later than 3 years after the claim accrues.

§ 30117. Providing information to, and maintaining records

on, purchasers

(a) PROVIDING INFORMATION AND NOTICE.—The Secretary of

Transportation may require that each manufacturer of a motor

vehicle or motor vehicle equipment provide technical information

related to performance and safety required to carry out this chapter.

The Secretary may require the manufacturer to give the following

notice of that information when the Secretary decides it is necessary:

(1) to each prospective purchaser of a vehicle or equipment

before the first sale other than for resale at each location

at which the vehicle or equipment is offered for sale by a

person having a legal relationship with the manufacturer, in

a way the Secretary decides is appropriate.

(2) to the first purchaser of a vehicle or equipment other

than for resale when the vehicle or equipment is bought, in

printed matter placed in the vehicle or attached to or accompanying the equipment.
H. R. 1758—205

(b) MAINTAINING PURCHASER RECORDS AND PROCEDURES.—(1)

A manufacturer of a motor vehicle or tire (except a retreaded

tire) shall cause to be maintained a record of the name and address

of the first purchaser of each vehicle or tire it produces and, to

the extent prescribed by regulations of the Secretary, shall cause

to be maintained a record of the name and address of the first

purchaser of replacement equipment (except a tire) that the manufacturer produces. The Secretary may prescribe by regulation the

records to be maintained and reasonable procedures for maintaining

the records under this subsection, including procedures to be followed by distributors and dealers to assist the manufacturer in

obtaining the information required by this subsection. A procedure

shall be reasonable for the type of vehicle or tire involved, and

shall provide reasonable assurance that a customer list of a distributor or dealer, or similar information, will be made available to

a person (except the distributor or dealer) only when necessary

to carry out this subsection and sections 30118–30121, 30166(f),

and 30167(a) and (b) of this title. Availability of assistance from

a distributor or dealer does not affect an obligation of a manufacturer under this subsection.

(2)(A) Except as provided in paragraph (3) of this subsection,

the Secretary may require a distributor or dealer to maintain a

record under paragraph (1) of this subsection only if the business

of the distributor or dealer is owned or controlled by a manufacturer

of tires.

(B) The Secretary shall require each distributor and dealer

whose business is not owned or controlled by a manufacturer of

tires to give a registration form (containing the tire identification

number) to the first purchaser of a tire. The Secretary shall prescribe the form, which shall be standardized for all tires and

designed to allow the purchaser to complete and return it directly

to the manufacturer of the tire. The manufacturer shall give sufficient copies of forms to distributors and dealers.

(3)(A) The Secretary shall evaluate from time to time how successful the procedures under paragraph (2) of this subsection

have been in helping to maintain records about first purchasers

of tires. After each evaluation, the Secretary shall decide— (i) the extent to which distributors and dealers have complied with the procedures;

(ii) the extent to which distributors and dealers have

encouraged first purchasers of tires to register the tires; and (iii) whether to prescribe for manufacturers, distributors,

or dealers other requirements that the Secretary decides will

increase significantly the percentage of first purchasers of tires

about whom records are maintained.

(B) The Secretary may prescribe a requirement under subparagraph (A) of this paragraph only if the Secretary decides it is

necessary to reduce the risk to motor vehicle safety, after considering—

(i) the cost of the requirement to manufacturers and the

burden of the requirement on distributors and dealers, compared to the increase in the percentage of first purchasers

of tires about whom records would be maintained as a result

of the requirement;

(ii) the extent to which distributors and dealers have complied with the procedures in paragraph (2) of this subsection;

and
H. R. 1758—206

(iii) the extent to which distributors and dealers have

encouraged first purchasers of tires to register the tires.

(C) A manufacturer of tires shall reimburse distributors and

dealers of that manufacturer’s tires for all reasonable costs incurred

by the distributors and dealers in complying with a requirement

prescribed by the Secretary under subparagraph (A) of this paragraph.

(D) After making a decision under subparagraph (A) of this

paragraph, the Secretary shall submit to each House of Congress

a report containing a detailed statement of the decision and an

explanation of the reasons for the decision.

§ 30118. Notification of defects and noncompliance

(a) NOTIFICATION BY SECRETARY.—The Secretary of Transportation shall notify the manufacturer of a motor vehicle or replacement equipment immediately after making an initial decision

(through testing, inspection, investigation, or research carried out

under this chapter, examining communications under section

30166(f) of this title, or otherwise) that the vehicle or equipment

contains a defect related to motor vehicle safety or does not comply

with an applicable motor vehicle safety standard prescribed under

this chapter. The notification shall include the information on which

the decision is based. The Secretary shall publish a notice of each

decision under this subsection in the Federal Register. Subject

to section 30167(a) of this title, the notification and information

are available to any interested person.

(b) DEFECT AND NONCOMPLIANCE PROCEEDINGS AND ORDERS.—

(1) The Secretary may make a final decision that a motor vehicle

or replacement equipment contains a defect related to motor vehicle

safety or does not comply with an applicable motor vehicle safety

standard prescribed under this chapter only after giving the manufacturer an opportunity to present information, views, and arguments showing that there is no defect or noncompliance or that

the defect does not affect motor vehicle safety. Any interested

person also shall be given an opportunity to present information,

views, and arguments. (2) If the Secretary decides under paragraph (1) of this subsection that the vehicle or equipment contains the defect or does

not comply, the Secretary shall order the manufacturer to— (A) give notification under section 30119 of this title to

the owners, purchasers, and dealers of the vehicle or equipment

of the defect or noncompliance; and

(B) remedy the defect or noncompliance under section

30120 of this title.

(c) NOTIFICATION BY MANUFACTURER.—A manufacturer of a

motor vehicle or replacement equipment shall notify the Secretary

by certified mail, and the owners, purchasers, and dealers of the

vehicle or equipment as provided in section 30119(d) of this section,

if the manufacturer—

(1) learns the vehicle or equipment contains a defect and

decides in good faith that the defect is related to motor vehicle

safety; or

(2) decides in good faith that the vehicle or equipment

does not comply with an applicable motor vehicle safety standard prescribed under this chapter.

(d) EXEMPTIONS.—On application of a manufacturer, the Secretary shall exempt the manufacturer from this section if the Sec-
H. R. 1758—207

retary decides a defect or noncompliance is inconsequential to motor

vehicle safety. The Secretary may take action under this subsection

only after notice in the Federal Register and an opportunity for

any interested person to present information, views, and arguments.

(e) HEARINGS ABOUT MEETING NOTIFICATION REQUIREMENTS.—

On the motion of the Secretary or on petition of any interested

person, the Secretary may conduct a hearing to decide whether

the manufacturer has reasonably met the notification requirements

under this section. Any interested person may make written and

oral presentations of information, views, and arguments on whether

the manufacturer has reasonably met the notification requirements.

If the Secretary decides that the manufacturer has not reasonably

met the notification requirements, the Secretary shall order the

manufacturer to take specified action to meet those requirements

and may take any other action authorized under this chapter.

§ 30119. Notification procedures

(a) CONTENTS OF NOTIFICATION.—Notification by a manufacturer required under section 30118 of this title of a defect or

noncompliance shall contain—

(1) a clear description of the defect or noncompliance;

(2) an evaluation of the risk to motor vehicle safety reasonably related to the defect or noncompliance;

(3) the measures to be taken to obtain a remedy of the

defect or noncompliance;

(4) a statement that the manufacturer giving notice will

remedy the defect or noncompliance without charge under section 30120 of this title;

(5) the earliest date on which the defect or noncompliance

will be remedied without charge, and for tires, the period during

which the defect or noncompliance will be remedied without

charge under section 30120 of this title; (6) the procedure the recipient of a notice is to follow

to inform the Secretary of Transportation when a manufacturer,

distributor, or dealer does not remedy the defect or noncompliance without charge under section 30120 of this title; and (7) other information the Secretary prescribes by regulation.

(b) EARLIEST REMEDY DATE.—The date specified by a manufac- turer in a notification under subsection (a)(5) of this section or

section 30121(c)(2) of this title is the earliest date that parts and

facilities reasonably can be expected to be available to remedy

the defect or noncompliance. The Secretary may disapprove the

date.

(c) TIME FOR NOTIFICATION.—Notification required under section 30118 of this title shall be given within a reasonable time—

(1) prescribed by the Secretary, after the manufacturer

receives notice of a final decision under section 30118(b) of

this title; or

(2) after the manufacturer first decides that a safety-related

defect or noncompliance exists under section 30118(c) of this

title.

(d) MEANS OF PROVIDING NOTIFICATION.—(1) Notification

required under section 30118 of this title about a motor vehicle

shall be sent by first class mail—

(A) to each person registered under State law as the owner

and whose name and address are reasonably ascertainable
H. R. 1758—208

by the manufacturer through State records or other available

sources; or

(B) if a registered owner is not notified under clause (A)

of this paragraph, to the most recent purchaser known to

the manufacturer.

(2) Notification required under section 30118 of this title about

replacement equipment (except a tire) shall be sent by first class

mail to the most recent purchaser known to the manufacturer.

In addition, if the Secretary decides that public notice is required

for motor vehicle safety, public notice shall be given in the way

required by the Secretary after consulting with the manufacturer.

(3) Notification required under section 30118 of this title about

a tire shall be sent by first class mail (or, if the manufacturer

prefers, by certified mail) to the most recent purchaser known

to the manufacturer. In addition, if the Secretary decides that

public notice is required for motor vehicle safety, public notice

shall be given in the way required by the Secretary after consulting

with the manufacturer. In deciding whether public notice is

required, the Secretary shall consider—

(A) the magnitude of the risk to motor vehicle safety caused

by the defect or noncompliance; and

(B) the cost of public notice compared to the additional

number of owners the notice may reach.

(4) A dealer to whom a motor vehicle or replacement equipment

was delivered shall be notified by certified mail or quicker means

if available.

(e) SECOND NOTIFICATION.—If the Secretary decides that a

notification sent by a manufacturer under this section has not

resulted in an adequate number of motor vehicles or items of

replacement equipment being returned for remedy, the Secretary

may order the manufacturer to send a 2d notification in the way

the Secretary prescribes by regulation.

(f) NOTIFICATION BY LESSOR TO LESSEE.—(1) In this subsection,

‘‘leased motor vehicle’’ means a motor vehicle that is leased to

a person for at least 4 months by a lessor that has leased at

least 5 motor vehicles in the 12 months before the date of the

notification.

(2) A lessor that receives a notification required by section

30118 of this title about a leased motor vehicle shall provide a

copy of the notification to the lessee in the way the Secretary

prescribes by regulation.

§ 30120. Remedies for defects and noncompliance

(a) WAYS TO REMEDY.—(1) Subject to subsections (f) and (g)

of this section, when notification of a defect or noncompliance is

required under section 30118(b) or (c) of this title, the manufacturer

of the defective or noncomplying motor vehicle or replacement equipment shall remedy the defect or noncompliance without charge

when the vehicle or equipment is presented for remedy. Subject

to subsections (b) and (c) of this section, the manufacturer shall

remedy the defect or noncompliance in any of the following ways

the manufacturer chooses:

(A) if a vehicle—

(i) by repairing the vehicle;

(ii) by replacing the vehicle with an identical or reasonably equivalent vehicle; or
H. R. 1758—209

(iii) by refunding the purchase price, less a reasonable

allowance for depreciation.

(B) if replacement equipment, by repairing the equipment

or replacing the equipment with identical or reasonably equivalent equipment.

(2) The Secretary of Transportation may prescribe regulations

to allow the manufacturer to impose conditions on the replacement

of a motor vehicle or refund of its price.

(b) TIRE REMEDIES.—(1) A manufacturer of a tire, including

an original equipment tire, shall remedy a defective or noncomplying tire if the owner or purchaser presents the tire for remedy

not later than 60 days after the later of—

(A) the day the owner or purchaser receives notification

under section 30119 of this title; or

(B) if the manufacturer decides to replace the tire, the

day the owner or purchaser receives notification that a replacement is available.

(2) If the manufacturer decides to replace the tire and the

replacement is not available during the 60-day period, the owner

or purchaser must present the tire for remedy during a subsequent

60-day period that begins only after the owner or purchaser receives

notification that a replacement will be available during the subsequent period. If tires are available during the subsequent period,

only a tire presented for remedy during that period must be remedied.

(c) ADEQUACY OF REPAIRS.—(1) If a manufacturer decides to

repair a defective or noncomplying motor vehicle or replacement

equipment and the repair is not done adequately within a reasonable time, the manufacturer shall—

(A) replace the vehicle or equipment without charge with

an identical or reasonably equivalent vehicle or equipment;

or

(B) for a vehicle, refund the purchase price, less a reasonable allowance for depreciation.

(2) Failure to repair a motor vehicle or replacement equipment

adequately not later than 60 days after its presentation is prima

facie evidence of failure to repair within a reasonable time. However, the Secretary may extend, by order, the 60-day period if

good cause for an extension is shown and the reason is published

in the Federal Register before the period ends. Presentation of

a vehicle or equipment for repair before the date specified by

a manufacturer in a notice under section 30119(a)(5) or 30121(c)(2)

of this title is not a presentation under this subsection.

(d) FILING MANUFACTURER’S REMEDY PROGRAM.—A manufacturer shall file with the Secretary a copy of the manufacturer’s

program under this section for remedying a defect or noncompliance.

The Secretary shall make the program available to the public

and publish a notice of availability in the Federal Register.

(e) HEARINGS ABOUT MEETING REMEDY REQUIREMENTS.—On

the motion of the Secretary or on application by any interested

person, the Secretary may conduct a hearing to decide whether

the manufacturer has reasonably met the remedy requirements

under this section. Any interested person may make written and

oral presentations of information, views, and arguments on whether

the manufacturer has reasonably met the remedy requirements.

If the Secretary decides a manufacturer has not reasonably met

the remedy requirements, the Secretary shall order the manufac-
H. R. 1758—210

turer to take specified action to meet those requirements and may

take any other action authorized under this chapter.

(f) FAIR REIMBURSEMENT TO DEALERS.—A manufacturer shall

pay fair reimbursement to a dealer providing a remedy without

charge under this section.

(g) NONAPPLICATION.—(1) The requirement that a remedy be

provided without charge does not apply if the motor vehicle or

replacement equipment was bought by the first purchaser more

than 8 calendar years, or the tire, including an original equipment

tire, was bought by the first purchaser more than 3 calendar years,

before notice is given under section 30118(c) of this title or an

order is issued under section 30118(b) of this title, whichever is

earlier.

(2) This section does not apply during any period in which

enforcement of an order under section 30118(b) of this title is

restrained or the order is set aside in a civil action to which

section 30121(d) of this title applies.

(h) EXEMPTIONS.—On application of a manufacturer, the Secretary shall exempt the manufacturer from this section if the Secretary decides a defect or noncompliance is inconsequential to motor

vehicle safety. The Secretary may take action under this subsection

only after notice in the Federal Register and an opportunity for

any interested person to present information, views, and arguments.

(i) LIMITATION ON SALE OR LEASE.—(1) If notification is required

by an order under section 30118(b) of this title or is required

under section 30118(c) of this title and the manufacturer has provided to a dealer notification about a new motor vehicle or new

item of replacement equipment in the dealer’s possession at the

time of notification that contains a defect related to motor vehicle

safety or does not comply with an applicable motor vehicle safety

standard prescribed under this chapter, the dealer may sell or

lease the motor vehicle or item of replacement equipment only

if—

(A) the defect or noncompliance is remedied as required

by this section before delivery under the sale or lease; or (B) when the notification is required by an order under section 30118(b) of this title, enforcement of the order is

restrained or the order is set aside in a civil action to which

section 30121(d) of this title applies.

(2) This subsection does not prohibit a dealer from offering

for sale or lease the vehicle or equipment.

§ 30121. Provisional notification and civil actions to enforce

(a) PROVISIONAL NOTIFICATION.—(1) The Secretary of Transportation may order a manufacturer to issue a provisional notification

if a civil action about an order issued under section 30118(b) of

this title has been brought under section 30163 of this title. The

provisional notification shall contain—

(A) a statement that the Secretary has decided that a

defect related to motor vehicle safety or noncompliance with

a motor vehicle safety standard prescribed under this chapter

exists and that the manufacturer is contesting the decision

in a civil action in a United States district court;

(B) a clear description of the Secretary’s stated basis for

the decision;

(C) the Secretary’s evaluation of the risk to motor vehicle

safety reasonably related to the defect or noncompliance;
H. R. 1758—211

(D) measures the Secretary considers necessary to avoid

an unreasonable risk to motor vehicle safety resulting from

the defect or noncompliance;

(E) a statement that the manufacturer will remedy the

defect or noncompliance without charge under section 30120

of this title, but that the requirement to remedy without charge

is conditioned on the outcome of the civil action; and

(F) other information the Secretary prescribes by regulation

or includes in the order requiring the notice.

(2) A notification under this subsection does not relieve a manufacturer of liability for not giving notification required by an order

under section 30118(b) of this title.

(b) CIVIL ACTIONS FOR NOT NOTIFYING.—(1) A manufacturer

that does not notify owners and purchasers under section 30119(c)

and (d) of this title is liable to the United States Government

for a civil penalty, unless the manufacturer prevails in a civil

action referred to in subsection (a) of this section or the court

in that action enjoins enforcement of the order. Enforcement may

be enjoined only if the court decides that the failure to notify

is reasonable and that the manufacturer has demonstrated the

likelihood of prevailing on the merits. If enforcement is enjoined,

the manufacturer is not liable during the time the order is stayed.

(2) A manufacturer that does not notify owners and purchasers

as required under subsection (a) of this section is liable for a

civil penalty regardless of whether the manufacturer prevails in

an action on the validity of the order issued under section 30118(b)

of this title.

(c) ORDERS TO MANUFACTURERS.—If the Secretary prevails in a civil action referred to in subsection (a) of this section, the Secretary shall order the manufacturer— (1) to notify each owner, purchaser, and dealer described in section 30119(d) of this title of the outcome of the action

and other information the Secretary requires, and notification

under this clause may be combined with notification required

under section 30118(b) of this title;

(2) to specify the earliest date under section 30119(b) of

this title on which the defect or noncompliance will be remedied

without charge under section 30120 of this title; and (3) if notification was required under subsection (a) of

this section, to reimburse an owner or purchaser for reasonable

and necessary expenses (in an amount that is not more than

the amount specified in the order of the Secretary under subsection (a)) incurred for repairing the defect or noncompliance

during the period beginning on the date that notification was

required to be issued and ending on the date the owner or

purchaser receives the notification under this subsection.

(d) VENUE.—Notwithstanding section 30163(c) of this title, a

civil action about an order issued under section 30118(b) of this

title must be brought in the United States district court for a

judicial district in the State in which the manufacturer is incorporated or the District of Columbia. On motion of a party, the

court may transfer the action to another district court if good

cause is shown. All actions related to the same order under section

30118(b) shall be consolidated in an action in one judicial district

under an order of the court in which the first action was brought.

If the first action is transferred to another court, that court shall

issue the consolidation order.
H. R. 1758—212

§ 30122. Making safety devices and elements inoperative

(a) DEFINITION.—In this section, ‘‘motor vehicle repair business’’

means a person holding itself out to the public to repair for compensation a motor vehicle or motor vehicle equipment. (b) PROHIBITION.—A manufacturer, distributor, dealer, or motor

vehicle repair business may not knowingly make inoperative any

part of a device or element of design installed on or in a motor

vehicle or motor vehicle equipment in compliance with an applicable

motor vehicle safety standard prescribed under this chapter unless

the manufacturer, distributor, dealer, or repair business reasonably

believes the vehicle or equipment will not be used (except for

testing or a similar purpose during maintenance or repair) when

the device or element is inoperative. (c) REGULATIONS.—The Secretary of Transportation may pre- scribe regulations— (1) to exempt a person from this section if the Secretary decides the exemption is consistent with motor vehicle safety

and section 30101 of this title; and

(2) to define ‘‘make inoperative’’. (d) NONAPPLICATION.—This section does not apply to a safety belt interlock or buzzer designed to indicate a safety belt is not

in use as described in section 30124 of this title.

§ 30123. Tires

(a) LABELING REQUIREMENT.—The Secretary of Transportation shall require that a pneumatic tire subject to a motor vehicle

safety standard prescribed under this chapter be labeled permanently and conspicuously with safety information the Secretary

decides is necessary to carry out section 30101 of this title. (b) CONTENTS OF LABEL.—Labeling required on a tire under subsection (a) of this section shall include—

(1)(A) identification of the manufacturer;

(B) for a retreaded tire, identification of the retreader;

or

(C) for a tire containing a brand name (other than the name of the manufacturer), a code mark allowing a seller

to identify the manufacturer to the purchaser; (2) the composition of material used in the ply of the

tire;

(3) the number of plies in the tire;

(4) the maximum allowable load for the tire; and

(5)(A) a statement that the tire complies with minimum

safe performance standards prescribed under this chapter; or

(B) a mark or symbol the Secretary prescribes for use

by a manufacturer or retreader complying with those standards.

(c) ADDITIONAL INFORMATION.—The Secretary may require that

additional safety information be disclosed to a purchaser when

a tire is sold.

(d) REGROOVED TIRE LIMITATIONS.—(1) In this subsection,

‘‘regrooved tire’’ means a tire with a new tread produced by cutting

into the tread of a worn tire.

(2) The Secretary may authorize the sale, offer for sale,

introduction for sale, or delivery for introduction in interstate commerce, of a regrooved tire or a motor vehicle equipped with

regrooved tires if the Secretary decides the tires are designed and

made in a way consistent with section 30101 of this title. A person

may not sell, offer for sale, introduce for sale, or deliver for introduc-
H. R. 1758—213

tion in interstate commerce, a regrooved tire or a vehicle equipped

with regrooved tires unless authorized by the Secretary.

(e) UNIFORM QUALITY GRADING SYSTEM, NOMENCLATURE, AND

MARKETING PRACTICES.—The Secretary shall prescribe through

standards a uniform quality grading system for motor vehicle tires

to help consumers make an informed choice when purchasing tires.

The Secretary also shall cooperate with industry and the Federal

Trade Commission to the greatest extent practicable to eliminate

deceptive and confusing tire nomenclature and marketing practices.

A tire standard or regulation prescribed under this chapter supersedes an order or administrative interpretation of the Commission.

(f) MAXIMUM LOAD STANDARDS.—The Secretary shall require

a motor vehicle to be equipped with tires that meet maximum

load standards when the vehicle is loaded with a reasonable amount

of luggage and the total number of passengers the vehicle is

designed to carry. The vehicle shall be equipped with those tires

by the manufacturer or by the first purchaser when the vehicle

is first bought in good faith other than for resale.

§ 30124. Buzzers indicating nonuse of safety belts

A motor vehicle safety standard prescribed under this chapter

may not require or allow a manufacturer to comply with the standard by using a safety belt interlock designed to prevent starting

or operating a motor vehicle if an occupant is not using a safety

belt or a buzzer designed to indicate a safety belt is not in use,

except a buzzer that operates only during the 8-second period

after the ignition is turned to the ‘‘start’’ or ‘‘on’’ position.

§ 30125. Schoolbuses and schoolbus equipment

(a) DEFINITIONS.—In this section—

(1) ‘‘schoolbus’’ means a passenger motor vehicle designed

to carry a driver and more than 10 passengers, that the Secretary of Transportation decides is likely to be used significantly

to transport preprimary, primary, and secondary school students to or from school or an event related to school.

(2) ‘‘schoolbus equipment’’ means equipment designed primarily for a schoolbus or manufactured or sold to replace or

improve a system, part, or component of a schoolbus or as

an accessory or addition to a schoolbus.

(b) STANDARDS.—The Secretary shall prescribe motor vehicle

safety standards for schoolbuses and schoolbus equipment manufactured in, or imported into, the United States. Standards shall

include minimum performance requirements for—

(1) emergency exits;

(2) interior protection for occupants;

(3) floor strength;

(4) seating systems;

(5) crashworthiness of body and frame (including protection

against rollover hazards);

(6) vehicle operating systems;

(7) windows and windshields; and

(8) fuel systems.

(c) TEST DRIVING BY MANUFACTURERS.—The Secretary may

require by regulation a schoolbus to be test-driven by a manufacturer before introduction in commerce.
H. R. 1758—214

§ 30126. Used motor vehicles

To ensure a continuing and effective national safety program,

it is the policy of the United States Government to encourage

and strengthen State inspection of used motor vehicles. Therefore,

the Secretary of Transportation shall prescribe uniform motor

vehicle safety standards applicable to all used motor vehicles. The

standards shall be stated in terms of motor vehicle safety performance.

§ 30127. Automatic occupant crash protection and seat belt

use

(a) DEFINITIONS.—In this section—

(1) ‘‘bus’’ means a motor vehicle with motive power (except

a trailer) designed to carry more than 10 individuals.

(2) ‘‘multipurpose passenger vehicle’’ means a motor vehicle

with motive power (except a trailer), designed to carry not

more than 10 individuals, that is constructed either on a truck

chassis or with special features for occasional off-road operation.

(3) ‘‘passenger car’’ means a motor vehicle with motive

power (except a multipurpose passenger vehicle, motorcycle,

or trailer) designed to carry not more than 10 individuals.

(4) ‘‘truck’’ means a motor vehicle with motive power (except

a trailer) designed primarily to transport property or special

purpose equipment.

(b) INFLATABLE RESTRAINT REQUIREMENTS.—(1) Not later than

September 1, 1993, the Secretary of Transportation shall prescribe

under this chapter an amendment to Federal Motor Vehicle Safety

Standard 208 issued under the National Traffic and Motor Vehicle

Safety Act of 1966. The amendment shall require that the automatic

occupant crash protection system for both of the front outboard

seating positions for each of the following vehicles be an inflatable

restraint (with lap and shoulder belts) complying with the occupant

protection requirements under section 4.1.2.1 of Standard 208:

(A) 95 percent of each manufacturer’s annual production

of passenger cars manufactured after August 31, 1996, and

before September 1, 1997.

(B) 80 percent of each manufacturer’s annual production

of buses, multipurpose passenger vehicles, and trucks (except

walk-in van-type trucks and vehicles designed to be sold only

to the United States Postal Service) with a gross vehicle weight

rating of not more than 8,500 pounds and an unloaded vehicle

weight of not more than 5,500 pounds manufactured after

August 31, 1997, and before September 1, 1998. (C) 100 percent of each manufacturer’s annual production

of passenger cars manufactured after August 31, 1997.

(D) 100 percent of each manufacturer’s annual production

of vehicles described in clause (B) of this paragraph manufactured after August 31, 1998.

(2) Manufacturers may not use credits and incentives available

before September 1, 1998, under the provisions of Standard 208

(as amended by this section) to comply with the requirements

of paragraph (1)(D) of this subsection after August 31, 1998.

(c) OWNER MANUAL REQUIREMENTS.—In amending Standard

208, the Secretary of Transportation shall require, to be effective

as soon as possible after the amendment is prescribed, that owner

manuals for passenger cars, buses, multipurpose passenger vehicles,
H. R. 1758—215

and trucks equipped with an inflatable restraint include a statement

in an easily understandable format stating that—

(1) either or both of the front outboard seating positions

of the vehicle are equipped with an inflatable restraint referred

to as an ‘‘airbag’’ and a lap and shoulder belt;

(2) the ‘‘airbag’’ is a supplemental restraint and is not

a substitute for lap and shoulder belts;

(3) lap and shoulder belts also must be used correctly

by an occupant in a front outboard seating position to provide

restraint or protection from frontal crashes as well as other

types of crashes or accidents; and

(4) occupants should always wear their lap and shoulder

belts, if available, or other safety belts, whether or not there

is an inflatable restraint.

(d) SEAT BELT USE LAWS.—Congress finds that it is in the

public interest for each State to adopt and enforce mandatory

seat belt use laws and for the United States Government to adopt

and enforce mandatory seat belt use regulations.

(e) TEMPORARY EXEMPTIONS.—(1) On application of a manufacturer, the Secretary of Transportation may exempt, on a temporary

basis, motor vehicles of that manufacturer from any requirement

under subsections (b) and (c) of this section on terms the Secretary

considers appropriate. An exemption may be renewed.

(2) The Secretary of Transportation may grant an exemption

under paragraph (1) of this subsection if the Secretary finds that

there has been a disruption in the supply of any component of

an inflatable restraint or in the use and installation of that component by the manufacturer because of an unavoidable event not

under the control of the manufacturer that will prevent the manufacturer from meeting its anticipated production volume of vehicles

with those restraints.

(3) Only an affected manufacturer may apply for an exemption.

The Secretary of Transportation shall prescribe in the amendment

to Standard 208 required under this section the information an

affected manufacturer must include in its application under this

subsection. The manufacturer shall specify in the application the

models, lines, and types of vehicles affected. The Secretary may

consolidate similar applications from different manufacturers.

(4) An exemption or renewal of an exemption is conditioned

on the commitment of the manufacturer to recall the exempted

vehicles for installation of the omitted inflatable restraints within

a reasonable time that the manufacturer proposes and the Secretary

of Transportation approves after the components become available

in sufficient quantities to satisfy both anticipated production and

recall volume requirements.

(5) The Secretary of Transportation shall publish in the Federal

Register a notice of each application under this subsection and

each decision to grant or deny a temporary exemption and the

reasons for the decision.

(6) The Secretary of Transportation shall require a label for

each exempted vehicle that can be removed only after recall and

installation of the required inflatable restraint. The Secretary shall

require that written notice of the exemption be provided to the

dealer and the first purchaser of each exempted vehicle other than

for resale, with the notice being provided in a way, and containing

the information, the Secretary considers appropriate.
H. R. 1758—216

(f) APPLICATION.—(1) This section revises, but does not replace,

Standard 208 as in effect on December 18, 1991, including the

amendment of March 26, 1991 (56 Fed. Reg. 12472), to Standard

208, extending the requirements for automatic crash protection,

with incentives for more innovative automatic crash protection,

to trucks, buses, and multipurpose passenger vehicles. This section

may not be construed as— (A) affecting another provision of law carried out by the

Secretary of Transportation applicable to passenger cars, buses,

multipurpose passenger vehicles, or trucks; or

(B) establishing a precedent related to developing or

prescribing a Government motor vehicle safety standard.

(2) This section and amendments to Standard 208 made under

this section may not be construed as indicating an intention by

Congress to affect any liability of a motor vehicle manufacturer

under applicable law related to vehicles with or without inflatable

restraints.

(g) REPORT.—(1) On October 1, 1992, and every 6 months

after that date through October 1, 2000, the Secretary of Transportation shall submit reports on the effectiveness of occupant restraint

systems expressed as a percentage reduction in fatalities or injuries

of restrained occupants compared to unrestrained occupants for—

(A) a combination of inflated restraints and lap and shoulder belts;

(B) inflated restraints only; and

(C) lap and shoulder belts only.

(2) In consultation with the Secretaries of Labor and Defense,

the Secretary of Transportation also shall provide information and

analysis on lap and shoulder belt use, nationally and in each

State by—

(A) military personnel;

(B) Government, State, and local law enforcement officers;

(C) other Government and State employees; and

(D) the public.

(h) AIRBAGS FOR GOVERNMENT CARS.—In cooperation with the

Administrator of General Services and the heads of appropriate

departments, agencies, and instrumentalities of the Government,

the Secretary of Transportation shall establish a program, consistent with applicable procurement laws of the Government and available appropriations, requiring that all passenger cars acquired—

(1) after September 30, 1994, for use by the Government

be equipped, to the maximum extent practicable, with driverside inflatable restraints; and

(2) after September 30, 1996, for use by the Government

be equipped, to the maximum extent practicable, with inflatable

restraints for both front outboard seating positions.

SUBCHAPTER III—IMPORTING NONCOMPLYING MOTOR

VEHICLES AND EQUIPMENT

§ 30141. Importing motor vehicles capable of complying with

standards

(a) GENERAL.—Section 30112(a) of this title does not apply

to a motor vehicle if—

(1) on the initiative of the Secretary of Transportation

or on petition of a manufacturer or importer registered under

subsection (c) of this section, the Secretary decides—
H. R. 1758—217

(A) the vehicle is—

(i) substantially similar to a motor vehicle originally manufactured for import into and sale in the

United States;

(ii) certified under section 30115 of this title;

(iii) the same model year (as defined under regulations of the Secretary of Transportation) as the model

of the motor vehicle it is being compared to; and

(iv) capable of being readily altered to comply with

applicable motor vehicle safety standards prescribed

under this chapter; or

(B) if there is no substantially similar United States

motor vehicle, the safety features of the vehicle comply

with or are capable of being altered to comply with those

standards based on destructive test information or other

evidence the Secretary of Transportation decides is adequate;

(2) the vehicle is imported by a registered importer; and

(3) the registered importer pays the annual fee the Secretary of Transportation establishes under subsection (e) of

this section to pay for the costs of carrying out the registration

program for importers under subsection (c) of this section and

any other fees the Secretary of Transportation establishes to

pay for the costs of—

(A) processing bonds provided to the Secretary of the

Treasury under subsection (d) of this section; and

(B) making the decisions under this subchapter.

(b) PROCEDURES ON DECIDING ON MOTOR VEHICLE CAPABIL- ITY.—(1) The Secretary of Transportation shall establish by regula- tion procedures for making a decision under subsection (a)(1) of

this section and the information a petitioner must provide to show

clearly that the motor vehicle is capable of being brought into

compliance with applicable motor vehicle safety standards prescribed under this chapter. In establishing the procedures, the

Secretary shall provide for a minimum period of public notice and

written comment consistent with ensuring expeditious, but complete, consideration and avoiding delay by any person. In making

a decision under those procedures, the Secretary shall consider

test information and other information available to the Secretary,

including any information provided by the manufacturer. If the

Secretary makes a negative decision, the Secretary may not make

another decision for the same model until at least 3 calendar

months have elapsed after the negative decision. (2) The Secretary of Transportation shall publish each year

in the Federal Register a list of all decisions made under subsection

(a)(1) of this section. Each published decision applies to the model

of the motor vehicle for which the decision was made. A positive

decision permits another importer registered under subsection (c)

of this section to import a vehicle of the same model under this

section if the importer complies with all the terms of the decision.

(c) REGISTRATION.—(1) The Secretary of Transportation shall

establish procedures for registering a person who complies with

requirements prescribed by the Secretary by regulation under this

subsection, including—

(A) recordkeeping requirements;

(B) inspection of records and facilities related to motor

vehicles the person has imported, altered, or both; and
H. R. 1758—218

(C) requirements that ensure that the importer (or a successor in interest) will be able technically and financially to carry

out responsibilities under sections 30117(b), 30118–30121, and

30166(f) of this title.

(2) The Secretary of Transportation shall deny registration

to a person whose registration is revoked under paragraph (4)

of this subsection.

(3) The Secretary of Transportation may deny registration to

a person that is or was owned or controlled by, or under common

ownership or control with, a person whose registration was revoked

under paragraph (4) of this subsection.

(4) The Secretary of Transportation shall establish procedures

for—

(A) revoking or suspending a registration issued under

paragraph (1) of this subsection for not complying with a

requirement of this subchapter or section 30112, 30115, 30117–

30122, 30125(c), 30127, or 30166 of this title or regulations

prescribed under this subchapter or those sections;

(B) automatically suspending a registration for not paying

a fee under subsection (a)(3) of this section in a timely manner

or for knowingly filing a false or misleading certification under

section 30146 of this title; and

(C) reinstating suspended registrations.

(d) BONDS.—(1) A person importing a motor vehicle under this

section shall provide a bond to the Secretary of the Treasury (acting

for the Secretary of Transportation) and comply with the terms

the Secretary of Transportation decides are appropriate to ensure

that the vehicle—

(A) will comply with applicable motor vehicle safety standards prescribed under this chapter within a reasonable time

(specified by the Secretary of Transportation) after the vehicle

is imported; or

(B) will be exported (at no cost to the United States Government) by the Secretary of the Treasury or abandoned to the

Government.

(2) The amount of the bond provided under this subsection

shall be at least equal to the dutiable value of the motor vehicle

(as determined by the Secretary of the Treasury) but not more

than 150 percent of that value.

(e) FEE REVIEW, ADJUSTMENT, AND USE.—The Secretary of

Transportation shall review and make appropriate adjustments at

least every 2 years in the amounts of the fees required to be

paid under subsection (a)(3) of this section. The Secretary of

Transportation shall establish the fees for each fiscal year before

the beginning of that year. All fees collected remain available until

expended without fiscal year limit to the extent provided in advance

by appropriation laws. The amounts are only for use by the Secretary of Transportation—

(1) in carrying out this section and sections 30146(a)–(c)(1),

(d), and (e) and 30147(b) of this title; and

(2) in advancing to the Secretary of the Treasury amounts

for costs incurred under this section and section 30146 of this

title to reimburse the Secretary of the Treasury for those costs.

§ 30142. Importing motor vehicles for personal use

(a) GENERAL.—Section 30112(a) of this title does not apply

to an imported motor vehicle if—
H. R. 1758—219

(1) the vehicle is imported for personal use, and not for

resale, by an individual (except an individual described in sections 30143 and 30144 of this title);

(2) the vehicle is imported after January 31, 1990; and

(3) the individual takes the actions required under subsection (b) of this section to receive an exemption.

(b) EXEMPTIONS.—(1) To receive an exemption under subsection

(a) of this section, an individual must—

(A) provide the Secretary of the Treasury (acting for the

Secretary of Transportation) with—

(i) an appropriate bond in an amount determined under

section 30141(d) of this title;

(ii) a copy of an agreement with an importer registered

under section 30141(c) of this title for bringing the motor

vehicle into compliance with applicable motor vehicle safety

standards prescribed under this chapter; and

(iii) a certification that the vehicle meets the requirement of section 30141(a)(1)(A) or (B) of this title; and

(B) comply with appropriate terms the Secretary of

Transportation imposes to ensure that the vehicle—

(i) will be brought into compliance with those standards

within a reasonable time (specified by the Secretary of

Transportation) after the vehicle is imported; or

(ii) will be exported (at no cost to the United States

Government) by the Secretary of the Treasury or abandoned to the Government.

(2) For good cause shown, the Secretary of Transportation

may allow an individual additional time, but not more than 30

days after the day on which the motor vehicle is offered for import,

to comply with paragraph (1)(A)(ii) of this subsection.

§ 30143. Motor vehicles imported by individuals employed

outside the United States

(a) DEFINITION.—In this section, ‘‘assigned place of employment’’

means—

(1) the principal location at which an individual is permanently or indefinitely assigned to work; and (2) for a member of the uniformed services, the individual’s

permanent duty station.

(b) GENERAL.—Section 30112(a) of this title does not apply

to a motor vehicle imported for personal use, and not for resale,

by an individual— (1) whose assigned place of employment was outside the

United States as of October 31, 1988, and who has not had

an assigned place of employment in the United States from

that date through the date the vehicle is imported into the

United States;

(2) who previously had not imported a motor vehicle into

the United States under this section or section 108(g) of the

National Traffic and Motor Vehicle Safety Act of 1966 or, before

October 31, 1988, under section 108(b)(3) of that Act;

(3) who acquired, or made a binding contract to acquire,

the vehicle before October 31, 1988;

(4) who imported the vehicle into the United States not

later than October 31, 1992; and

(5) who satisfies section 108(b)(3) of that Act as in effect

on October 30, 1988.
H. R. 1758—220

(c) CERTIFICATION.—Subsection (b) of this section is carried

out by certification in the form the Secretary of Transportation

or the Secretary of the Treasury may prescribe.

§ 30144. Importing motor vehicles on a temporary basis

(a) GENERAL.—Section 30112(a) of this title does not apply

to a motor vehicle imported on a temporary basis for personal

use by an individual who is a member of—

(1)(A) the personnel of the government of a foreign country

on assignment in the United States or a member of the Secretariat of a public international organization designated under

the International Organization Immunities Act (22 U.S.C. 288

et seq.); and

(B) the class of individuals for whom the Secretary of

State has authorized free importation of motor vehicles; or

(2) the armed forces of a foreign country on assignment

in the United States.

(b) VERIFICATION.—The Secretary of Transportation or the Secretary of the Treasury may require verification, that the Secretary

of Transportation considers appropriate, that an individual is a

member described under subsection (a) of this section. The Secretary

of Transportation shall ensure that a motor vehicle imported under

this section will be exported (at no cost to the United States Government) or abandoned to the Government when the individual no

longer—

(1) resides in the United States; and

(2) is a member described under subsection (a) of this

section.

(c) SALE IN THE UNITED STATES.—A motor vehicle imported

under this section may not be sold when in the United States.

§ 30145. Importing motor vehicles or equipment requiring

further manufacturing

Section 30112(a) of this title does not apply to a motor vehicle

or motor vehicle equipment if the vehicle or equipment—

(1) requires further manufacturing to perform its intended

function as decided under regulations prescribed by the Secretary of Transportation; and (2) is accompanied at the time of importation by a written

statement issued by the manufacturer indicating the applicable

motor vehicle safety standard prescribed under this chapter

with which it does not comply.

§ 30146. Release of motor vehicles and bonds

(a) COMPLIANCE CERTIFICATION AND BOND.—(1) Except as provided in subsections (c) and (d) of this section, an importer registered under section 30141(c) of this title may license or register

an imported motor vehicle for use on public streets, roads, or

highways, or release custody of a motor vehicle imported by the

registered importer or imported by an individual under section

30142 of this title and altered by the registered importer to meet

applicable motor vehicle safety standards prescribed under this

chapter to a person for license or registration for use on public

streets, roads, or highways, only after 30 days after the registered

importer certifies to the Secretary of Transportation, in the way

the Secretary prescribes, that the motor vehicle complies with each

standard prescribed in the year the vehicle was manufactured and
H. R. 1758—221

that applies in that year to that vehicle. A vehicle may not be

released if the Secretary gives written notice before the end of

the 30-day period that the Secretary will inspect the vehicle under

subsection (c) of this section.

(2) The Secretaries of Transportation and the Treasury shall

prescribe regulations—

(A) ensuring the release of a motor vehicle and bond

required under section 30141(d) of this title at the end of

the 30-day period, unless the Secretary of Transportation issues

a notice of an inspection under subsection (c) of this section;

and

(B) providing that the Secretary of Transportation shall

release the vehicle and bond promptly after an inspection under

subsection (c) of this section showing compliance with the standards applicable to the vehicle.

(3) Each registered importer shall include on each motor vehicle

released under this subsection a label prescribed by the Secretary

of Transportation identifying the importer and stating that the

vehicle has been altered by the importer to comply with the standards applicable to the vehicle.

(b) RELIANCE ON MANUFACTURER’S CERTIFICATION.—In making

a certification under subsection (a)(1) of this section, the registered

importer may rely on the manufacturer’s certification for the model

to which the motor vehicle involved is substantially similar if the

importer certifies that any alteration made by the importer did

not affect the compliance of the safety features of the vehicle and

the importer keeps records verifying the certification for the period

the Secretary of Transportation prescribes.

(c) EVIDENCE OF COMPLIANCE.—(1) The Secretary of Transportation may require that the certification under subsection (a)(1)

of this section be accompanied by evidence of compliance the Secretary considers appropriate or may inspect the certified motor

vehicle, or both. If the Secretary gives notice of an inspection,

an importer may release the vehicle only after—

(A) an inspection showing the motor vehicle complies with

applicable motor vehicle safety standards prescribed under this

chapter for which the inspection was made; and

(B) release of the vehicle by the Secretary.

(2) The Secretary of Transportation shall inspect periodically

a representative number of motor vehicles for which certifications

have been filed under subsection (a)(1) of this section. In carrying

out a motor vehicle testing program under this chapter, the Secretary shall include a representative number of motor vehicles

for which certifications have been filed under subsection (a)(1).

(d) CHALLENGING THE CERTIFICATION.—A motor vehicle or bond

may not be released under subsection (a) of this section if the

Secretary of Transportation, not later than 30 days after receiving

a certification under subsection (a)(1) of this section, gives written

notice that the Secretary believes or has reason to believe that

the certification is false or contains a mispresentation. The vehicle

and bond may be released only after the Secretary is satisfied

with the certification and any modification of the certification.

(e) BOND RELEASE.—A release of a bond required under section

30141(d) of this title is deemed an acceptance of a certification

or completion of an inspection under this section but is not a

decision by the Secretary of Transportation under section 30118(a)
H. R. 1758—222

or (b) of this title of compliance with applicable motor vehicle

safety standards prescribed under this chapter.

§ 30147. Responsibility for defects and noncompliance

(a) DEEMING DEFECT OR NONCOMPLIANCE TO CERTAIN VEHICLES

AND IMPORTER AS MANUFACTURER.—(1) In carrying out sections 30117(b), 30118–30121, and 30166(f) of this title—

(A) for a defect or noncompliance with an applicable motor

vehicle safety standard prescribed under this chapter for a

motor vehicle originally manufactured for import into the

United States, an imported motor vehicle having a valid certification under section 30146(a)(1) of this title and decided to

be substantially similar to that motor vehicle shall be deemed

as having the same defect or as not complying with the same

standard unless the manufacturer or importer registered under

section 30141(c) of this title demonstrates otherwise to the

Secretary of Transportation; and (B) the registered importer shall be deemed to be the

manufacturer of any motor vehicle that the importer imports

or brings into compliance with the standards for an individual

under section 30142 of this title.

(2) The Secretary shall publish in the Federal Register notice of any defect or noncompliance under paragraph (1)(A) of this

subsection.

(b) FINANCIAL RESPONSIBILITY REQUIREMENT.—The Secretary shall require by regulation each registered importer (including any

successor in interest) to provide and maintain evidence, satisfactory

to the Secretary, of sufficient financial responsibility to meet its

obligations under sections 30117(b), 30118–30121, and 30166(f) of

this title.

SUBCHAPTER IV—ENFORCEMENT AND ADMINISTRATIVE

§ 30161. Judicial review of standards

(a) FILING AND VENUE.—A person adversely affected by an

order prescribing a motor vehicle safety standard under this chapter

may apply for review of the order by filing a petition for review

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

which the person resides or has its principal place of business.

The petition must be filed not later than 59 days after the order

is issued.

(b) NOTIFYING SECRETARY.—The clerk of the court shall send

immediately a copy of the petition to the Secretary of Transportation. The Secretary shall file with the court a record of the

proceeding in which the order was prescribed.

(c) ADDITIONAL PROCEEDINGS.—(1) On request of the petitioner,

the court may order the Secretary to receive additional evidence

and evidence in rebuttal if the court is satisfied that the additional

evidence is material and there were reasonable grounds for not

presenting the evidence in the proceeding before the Secretary. (2) The Secretary may modify findings of fact or make new

findings because of the additional evidence presented. The Secretary

shall file a modified or new finding, a recommendation to modify

or set aside the order, and the additional evidence with the court.

(d) CERTIFIED COPIES OF RECORDS OF PROCEEDINGS.—The Secretary shall give any interested person a certified copy of the

transcript of the record in a proceeding under this section on request
H. R. 1758—223

and payment of costs. A certified copy of the record of the proceeding

is admissible in a proceeding arising out of a matter under this

chapter, regardless of whether the proceeding under this section

has begun or becomes final.

(e) FINALITY OF JUDGMENT AND SUPREME COURT REVIEW.—

A judgment of a court under this section is final and may be

reviewed only by the Supreme Court under section 1254 of title

28.

§ 30162. Petitions by interested persons for standards and

enforcement

(a) FILING.—Any interested person may file a petition with

the Secretary of Transportation requesting the Secretary to begin

a proceeding—

(1) to prescribe a motor vehicle safety standard under

this chapter; or

(2) to decide whether to issue an order under section

30118(b) of this title.

(b) STATEMENT OF FACTS.—The petition must state facts that

the person claims establish that a motor vehicle safety standard

or order referred to in subsection (a) of this section is necessary

and briefly describe the order the Secretary should issue.

(c) PROCEEDINGS.—The Secretary may hold a public hearing

or conduct an investigation or proceeding to decide whether to

grant the petition.

(d) ACTIONS OF SECRETARY.—The Secretary shall grant or deny

a petition not later than 120 days after the petition is filed. If

a petition is granted, the Secretary shall begin the proceeding

promptly. If a petition is denied, the Secretary shall publish the

reasons for the denial in the Federal Register.

§ 30163. Actions by the Attorney General

(a) CIVIL ACTIONS TO ENFORCE.—The Attorney General may

bring a civil action in a United States district court to enjoin—

(1) a violation of this chapter or a regulation prescribed

or order issued under this chapter; and

(2) the sale, offer for sale, or introduction or delivery for

introduction, in interstate commerce, or the importation into

the United States, of a motor vehicle or motor vehicle equipment for which it is decided, before the first purchase in good

faith other than for resale, that the vehicle or equipment—

(A) contains a defect related to motor vehicle safety

about which notice was given under section 30118(c) of

this title or an order was issued under section 30118(b)

of this title; or

(B) does not comply with an applicable motor vehicle

safety standard prescribed under this chapter.

(b) PRIOR NOTICE.—When practicable, the Secretary of

Transportation shall notify a person against whom a civil action

under subsection (a) of this section is planned, give the person

an opportunity to present that person’s views, and, except for a

knowing and willful violation of this chapter, give the person a

reasonable opportunity to remedy the defect or comply with the

applicable motor vehicle safety standard prescribed under this chapter. Failure to give notice and an opportunity to remedy the defect

or comply with the applicable motor vehicle safety standard pre-
H. R. 1758—224

scribed under this chapter does not prevent a court from granting

appropriate relief.

(c) VENUE.—Except as provided in section 30121(d) of this

title, a civil action under this section or section 30165(a) of this

title may be brought in the judicial district in which the violation

occurred or the defendant is found, resides, or does business. Process

in the action may be served in any other judicial district in which

the defendant resides or is found.

(d) JURY TRIAL DEMAND.—In a trial for criminal contempt

for violating an injunction or restraining order issued under subsection (a) of this section, the violation of which is also a violation

of this chapter, the defendant may demand a jury trial. The defendant shall be tried as provided in rule 42(b) of the Federal Rules

of Criminal Procedure (18 App. U.S.C.).

(e) SUBPENAS FOR WITNESSES.—In a civil action brought under

this section, a subpena for a witness may be served in any judicial

district.

§ 30164. Service of process

(a) DESIGNATING AGENTS.—A manufacturer offering a motor

vehicle or motor vehicle equipment for import shall designate an

agent on whom service of notices and process in administrative

and judicial proceedings may be made. The designation shall be

in writing and filed with the Secretary of Transportation. The

designation may be changed in the same way as originally made.

(b) SERVICE.—An agent may be served at the agent’s office

or usual place of residence. Service on the agent is deemed to

be service on the manufacturer. If a manufacturer does not designate an agent, service may be made by posting the notice or

process in the office of the Secretary.

§ 30165. Civil penalty

(a) PENALTY.—A person that violates section 30112, 30115,

30117–30122, 30123(d), 30125(c), 30127, 30141–30147, or 30166

of this title or a regulation prescribed under those sections is

liable to the United States Government for a civil penalty of not

more than $1,000 for each violation. A separate violation occurs

for each motor vehicle or item of motor vehicle equipment and

for each failure or refusal to allow or perform an act required

by those sections. The maximum penalty under this subsection

for a related series of violations is $800,000.

(b) COMPROMISE AND SETOFF.—(1) The Secretary of Transportation may compromise the amount of a civil penalty imposed

under this section.

(2) The Government may deduct the amount of a civil penalty

imposed or compromised under this section from amounts it owes

the person liable for the penalty.

(c) CONSIDERATIONS.—In determining the amount of a civil

penalty or compromise, the appropriateness of the penalty or compromise to the size of the business of the person charged and

the gravity of the violation shall be considered.

(d) SUBPENAS FOR WITNESSES.—In a civil action brought under

this section, a subpena for a witness may be served in any judicial

district.
H. R. 1758—225

§ 30166. Inspections, investigations, and records

(a) DEFINITION.—In this section, ‘‘motor vehicle accident’’ means

an occurrence associated with the maintenance or operation of

a motor vehicle or motor vehicle equipment resulting in personal

injury, death, or property damage.

(b) AUTHORITY TO INSPECT AND INVESTIGATE.—(1) The Secretary of Transportation may conduct an inspection or investigation—

(A) that may be necessary to enforce this chapter or a

regulation prescribed or order issued under this chapter; or

(B) related to a motor vehicle accident and designed to

carry out this chapter.

(2) The Secretary of Transportation shall cooperate with State

and local officials to the greatest extent possible in an inspection

or investigation under paragraph (1)(B) of this subsection.

(c) MATTERS THAT CAN BE INSPECTED AND IMPOUNDMENT.—

In carrying out this chapter, an officer or employee designated

by the Secretary of Transportation—

(1) at reasonable times, may inspect and copy any record

related to this chapter;

(2) on request, may inspect records of a manufacturer,

distributor, or dealer to decide whether the manufacturer,

distributor, or dealer has complied or is complying with this

chapter or a regulation prescribed or order issued under this

chapter; and

(3) at reasonable times, in a reasonable way, and on display

of proper credentials and written notice to an owner, operator,

or agent in charge, may—

(A) enter and inspect with reasonable promptness

premises in which a motor vehicle or motor vehicle equipment is manufactured, held for introduction in interstate

commerce, or held for sale after introduction in interstate

commerce;

(B) enter and inspect with reasonable promptness

premises at which a vehicle or equipment involved in a

motor vehicle accident is located;

(C) inspect with reasonable promptness that vehicle

or equipment; and

(D) impound for not more than 72 hours a vehicle

or equipment involved in a motor vehicle accident.

(d) REASONABLE COMPENSATION.—When a motor vehicle (except

a vehicle subject to subchapter II of chapter 105 of this title)

or motor vehicle equipment is inspected or temporarily impounded

under subsection (c)(3) of this section, the Secretary of Transportation shall pay reasonable compensation to the owner of the vehicle

if the inspection or impoundment results in denial of use, or reduction in value, of the vehicle.

(e) RECORDS AND MAKING REPORTS.—The Secretary of

Transportation reasonably may require a manufacturer of a motor

vehicle or motor vehicle equipment to keep records, and a manufacturer, distributor, or dealer to make reports, to enable the Secretary

to decide whether the manufacturer, distributor, or dealer has

complied or is complying with this chapter or a regulation prescribed

or order issued under this chapter. This subsection does not impose

a recordkeeping requirement on a distributor or dealer in addition

to those imposed under subsection (f) of this section and section
H. R. 1758—226

30117(b) of this title or a regulation prescribed or order issued

under subsection (f) or section 30117(b).

(f) PROVIDING COPIES OF COMMUNICATIONS ABOUT DEFECTS

AND NONCOMPLIANCE.—A manufacturer shall give the Secretary

of Transportation a true or representative copy of each communication to the manufacturer’s dealers or to owners or purchasers of

a motor vehicle or replacement equipment produced by the manufacturer about a defect or noncompliance with a motor vehicle safety

standard prescribed under this chapter in a vehicle or equipment

that is sold or serviced.

(g) ADMINISTRATIVE AUTHORITY ON REPORTS, ANSWERS, AND

HEARINGS.—(1) In carrying out this chapter, the Secretary of

Transportation may—

(A) require, by general or special order, any person to

file reports or answers to specific questions, including reports

or answers under oath; and

(B) conduct hearings, administer oaths, take testimony,

and require (by subpena or otherwise) the appearance and

testimony of witnesses and the production of records the Secretary considers advisable.

(2) A witness summoned under this subsection is entitled to

the same fee and mileage the witness would have been paid in

a court of the United States.

(h) CIVIL ACTIONS TO ENFORCE AND VENUE.—A civil action

to enforce a subpena or order under subsection (g) of this section

may be brought in the United States district court for the judicial

district in which the proceeding is conducted. The court may punish

a failure to obey an order of the court to comply with a subpena

or order as a contempt of court.

(i) GOVERNMENTAL COOPERATION.—The Secretary of Transportation may request a department, agency, or instrumentality of

the United States Government to provide records the Secretary

considers necessary to carry out this chapter±. The head of the

department, agency, or instrumentality shall provide the record

on request, may detail personnel on a reimbursable basis, and

otherwise shall cooperate with the Secretary. This subsection does

not affect a law limiting the authority of a department, agency,

or instrumentality to provide information to another department,

agency, or instrumentality. (j) COOPERATION OF SECRETARY.—The Secretary of Transportation may advise, assist, and cooperate with departments, agencies,

and instrumentalities of the Government, States, and other public

and private agencies in developing a method for inspecting and

testing to determine compliance with a motor vehicle safety

standard.

(k) PROVIDING INFORMATION.—The Secretary of Transportation

shall provide the Attorney General and, when appropriate, the

Secretary of the Treasury, information obtained that indicates a

violation of this chapter or a regulation prescribed or order issued

under this chapter.

§ 30167. Disclosure of information by the Secretary of

Transportation

(a) CONFIDENTIALITY OF INFORMATION.—Information obtained

under this chapter related to a confidential matter referred to

in section 1905 of title 18 may be disclosed only in the following

ways:
H. R. 1758—227

(1) to other officers and employees carrying out this

chapter.

(2) when relevant to a proceeding under this chapter.

(3) to the public if the confidentiality of the information

is preserved.

(4) to the public when the Secretary of Transportation

decides that disclosure is necessary to carry out section 30101

of this title.

(b) DEFECT AND NONCOMPLIANCE INFORMATION.—Subject to

subsection (a) of this section, the Secretary shall disclose information obtained under this chapter related to a defect or noncompliance that the Secretary decides will assist in carrying out sections

30117(b) and 30118–30121 of this title or that is required to be

disclosed under section 30118(a) of this title. A requirement to

disclose information under this subsection is in addition to the

requirements of section 552 of title 5.

(c) INFORMATION ABOUT MANUFACTURER’S INCREASED COSTS.—

A manufacturer opposing an action of the Secretary under this

chapter because of increased cost shall submit to the Secretary

information about the increased cost, including the manufacturer’s

cost and the cost to retail purchasers, that allows the public and

the Secretary to evaluate the manufacturer’s statement. The Secretary shall evaluate the information promptly and, subject to subsection (a) of this section, shall make the information and evaluation

available to the public. The Secretary shall publish a notice in

the Federal Register that the information is available.

(d) WITHHOLDING INFORMATION FROM CONGRESS.—This section

does not authorize information to be withheld from a committee

of Congress authorized to have the information.

§ 30168. Research, testing, development, and training

(a) GENERAL AUTHORITY.—(1) The Secretary of Transportation

shall conduct research, testing, development, and training necessary

to carry out this chapter. The research, development, testing, and

training shall include— (A) collecting information to determine the relationship

between motor vehicle or motor vehicle equipment performance

characteristics and—

(i) accidents involving motor vehicles; and

(ii) the occurrence of death or personal injury resulting

from those accidents;

(B) obtaining experimental and other motor vehicles and

motor vehicle equipment for research or testing; and (C) selling or otherwise disposing of test motor vehicles

and motor vehicle equipment and crediting the proceeds to

current appropriations available to carry out this chapter.

(2) The Secretary may carry out this subsection through grants

to States, interstate authorities, and nonprofit institutions.

(b) USE OF PUBLIC AGENCIES.—In carrying out this chapter,

the Secretary shall use the services, research, and testing facilities

of public agencies to the maximum extent practicable to avoid

duplication.

(c) FACILITIES.—The Secretary may plan, design, and build

a new facility or modify an existing facility to conduct research,

development, and testing in traffic safety, highway safety, and

motor vehicle safety. An expenditure of more than $100,000 for

planning, design, or construction may be made only if the planning,
H. R. 1758—228

design, or construction is approved by substantially similar resolutions by the Committees on Energy and Commerce and Public

Works and Transportation of the House of Representatives and

the Committees on Commerce, Science, and Transportation and

Environment and Public Works of the Senate. To obtain that

approval, the Secretary shall submit to Congress a prospectus on

the proposed facility. The prospectus shall include—

(1) a brief description of the facility being planned,

designed, or built;

(2) the location of the facility;

(3) an estimate of the maximum cost of the facility;

(4) a statement identifying private and public agencies

that will use the facility and the contribution each agency

will make to the cost of the facility; and

(5) a justification of the need for the facility.

(d) INCREASING COSTS OF APPROVED FACILITIES.—The estimated

maximum cost of a facility approved under subsection (c) of this

section may be increased by an amount equal to the percentage

increase in construction costs from the date the prospectus is

submitted to Congress. However, the increase in the cost of the

facility may not be more than 10 percent of the estimated maximum

cost included in the prospectus. The Secretary shall decide what

increase in construction costs has occurred.

(e) AVAILABILITY OF INFORMATION, PATENTS, AND DEVELOPMENTS.—When the United States Government makes more than

a minimal contribution to a research or development activity under

this chapter, the Secretary shall include in the arrangement for

the activity a provision to ensure that all information, patents,

and developments related to the activity are available to the public.

However, the owner of a background patent may not be deprived

of a right under the patent.

§ 30169. Annual reports

(a) GENERAL REPORT.—The Secretary of Transportation shall

submit to the President to submit to Congress on July 1 of each

year a report on the administration of this chapter for the prior

calendar year. The report shall include— (1) a thorough statistical compilation of accidents and

injuries; (2) motor vehicle safety standards in effect or prescribed

under this chapter;

(3) the degree of observance of the standards;

(4) a summary of current research grants and contracts

and a description of the problems to be considered under those

grants and contracts;

(5) an analysis and evaluation of research activities completed and technological progress achieved;

(6) enforcement actions;

(7) the extent to which technical information was given

the scientific community and consumer-oriented information

was made available to the public; and

(8) recommendations for legislation needed to promote

cooperation among the States in improving traffic safety and

strengthening the national traffic safety program.

(b) REPORT ON IMPORTING MOTOR VEHICLES.—Not later than

18 months after regulations are first prescribed under section

2(e)(1)(B) of the Imported Vehicle Safety Compliance Act of 1988,
H. R. 1758—229

the Secretary shall submit to Congress a report of the actions

taken to carry out subchapter III of this chapter and the effectiveness of those actions, including any testing by the Secretary under

section 30146(c)(2) of this title. After the first report, the Secretary

shall submit a report to Congress under this subsection not later

than July 31 of each year.

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.

§ 30301. Definitions

In this chapter—

(1) ‘‘alcohol’’ has the same meaning given that term in

regulations prescribed by the Secretary of Transportation. (2) ‘‘chief driver licensing official’’ means the official in

a State who is authorized to—

(A) maintain a record about a motor vehicle operator’s

license issued by the State; and (B) issue, deny, revoke, suspend, or cancel a motor

vehicle operator’s license issued by the State.

(3) ‘‘controlled substance’’ has the same meaning given

that term in section 102 of the Comprehensive Drug Abuse

Prevention and Control Act of 1970 (21 U.S.C. 802).

(4) ‘‘motor vehicle’’ means a vehicle, machine, tractor,

trailer, or semitrailer propelled or drawn by mechanical power

and used on public streets, roads, or highways, but does not

include a vehicle operated only on a rail line.

(5) ‘‘motor vehicle operator’s license’’ means a license issued

by a State authorizing an individual to operate a motor vehicle

on public streets, roads, or highways.

(6) ‘‘participating State’’ means a State that has notified

the Secretary under section 30303 of this title of its participation in the National Driver Register.

(7) ‘‘State’’ means a State of the United States, the District

of Columbia, Puerto Rico, the Virgin Islands, Guam, American

Samoa, the Northern Mariana Islands, the Trust Territory

of the Pacific Islands, and any other territory or possession

of the United States.

(8) ‘‘State of record’’ means a State that has given the

Secretary a report under section 30304 of this title about an

individual who is the subject of a request for information made

under section 30305 of this title.

§ 30302. National Driver Register

(a) ESTABLISHMENT AND CONTENTS.—The Secretary of

Transportation shall establish as soon as practicable and maintain

a National Driver Register to assist chief driver licensing officials

of participating States in exchanging information about the motor

vehicle driving records of individuals. The Register shall contain

an index of the information reported to the Secretary under section
H. R. 1758—230

30304 of this title. The Register shall enable the Secretary (electronically or, until all States can participate electronically, by

United States mail)—

(1) to receive information submitted under section 30304

of this title by the chief driver licensing official of a State

of record;

(2) to receive a request for information made by the chief

driver licensing official of a participating State under section

30305 of this title;

(3) to refer the request to the chief driver licensing official

of a State of record; and

(4) in response to the request, to relay information provided

by a chief driver licensing official of a State of record to the

chief driver licensing official of a participating State, without

interception of the information.

(b) ACCURACY OF INFORMATION.—The Secretary is not responsible for the accuracy of information relayed to the chief driver

licensing official of a participating State. However, the Secretary

shall maintain the Register in a way that ensures against inadvertent alteration of information during a relay.

(c) TRANSITION FROM PRIOR REGISTER.—(1) The Secretary shall

provide by regulation for the orderly transition from the register

maintained under the Act of July 14, 1960 (Public Law 86–660,

74 Stat. 526), as restated by section 401 of the National Traffic

and Motor Vehicle Safety Act of 1966 (Public Law 89–563, 80

Stat. 730), to the Register maintained under this chapter.

(2)(A) The Secretary shall delete from the Register a report

or information that was compiled under the Act of July 14, 1960

(Public Law 86–660, 74 Stat. 526), as restated by section 401

of the National Traffic and Motor Vehicle Safety Act of 1966 (Public

Law 89–563, 80 Stat. 730), and transferred to the Register, after

the earlier of—

(i) the date the State of record removes it from the State’s

file;

(ii) 7 years after the date the report or information is

entered in the Register; or (iii) the date a fully electronic Register system is established.

(B) The report or information shall be disposed of under chapter

33 of title 44.

(3) If the chief driver licensing official of a participating State

finds that information provided for inclusion in the Register is

erroneous or is related to a conviction of a traffic offense that

subsequently is reversed, the official immediately shall notify the

Secretary. The Secretary shall provide for the immediate deletion

of the information from the Register.

(d) ASSIGNMENT OF PERSONNEL.—In carrying out this chapter,

the Secretary shall assign personnel necessary to ensure the effective operation of the Register.

§ 30303. State participation

(a) NOTIFICATION.—A State may become a participating State

under this chapter by notifying the Secretary of Transportation

of its intention to be bound by section 30304 of this title.

(b) WITHDRAWAL.—A participating State may end its status

as a participating State by notifying the Secretary of its withdrawal

from participation in the National Driver Register.
H. R. 1758—231

(c) FORM AND WAY OF NOTIFICATION.—Notification by a State

under this section shall be made in the form and way the Secretary

prescribes by regulation.

§ 30304. Reports by chief driver licensing officials

(a) INDIVIDUALS COVERED.—As soon as practicable, the chief

driver licensing official of each participating State shall submit

to the Secretary of Transportation a report containing the information specified by subsection (b) of this section for each individual—

(1) who is denied a motor vehicle operator’s license by

that State for cause;

(2) whose motor vehicle operator’s license is revoked, suspended, or canceled by that State for cause; or

(3) who is convicted under the laws of that State of any

of the following motor vehicle-related offenses or comparable

offenses:

(A) operating a motor vehicle while under the influence

of, or impaired by, alcohol or a controlled substance.

(B) a traffic violation arising in connection with a

fatal traffic accident, reckless driving, or racing on the

highways.

(C) failing to give aid or provide identification when

involved in an accident resulting in death or personal

injury.

(D) perjury or knowingly making a false affidavit or

statement to officials about activities governed by a law

or regulation on the operation of a motor vehicle.

(b) CONTENTS.—(1) Except as provided in paragraph (2) of

this subsection, a report under subsection (a) of this section shall

contain—

(A) the individual’s legal name, date of birth, sex, and,

at the Secretary’s discretion, height, weight, and eye and hair

color;

(B) the name of the State providing the information; and

(C) the social security account number if used by the State

for driver record or motor vehicle license purposes, and the

motor vehicle operator’s license number if different from the

social security account number.

(2) A report under subsection (a) of this section about an

event that occurs during the 2-year period before the State becomes

a participating State is sufficient if the report contains all of the

information that is available to the chief driver licensing official

when the State becomes a participating State.

(c) TIME FOR FILING.—If a report under subsection (a) of this

section is about an event that occurs—

(1) during the 2-year period before the State becomes a

participating State, the report shall be submitted not later

than 6 months after the State becomes a participating State;

or

(2) after the State becomes a participating State, the report

shall be submitted not later than 31 days after the motor

vehicle department of the State receives any information specified in subsection (b)(1) of this section that is the subject

of the report.

(d) EVENTS OCCURRING BEFORE PARTICIPATION.—This section

does not require a State to report information about an event
H. R. 1758—232

that occurs before the 2-year period before the State becomes a

participating State.

§ 30305. Access to Register information

(a) REFERRALS OF INFORMATION REQUESTS.—(1) To carry out

duties related to driver licensing, driver improvement, or transportation safety, the chief driver licensing official of a participating

State may request the Secretary of Transportation to refer, electronically or by United States mail, a request for information about

the motor vehicle driving record of an individual to the chief driver

licensing official of a State of record.

(2) The Secretary of Transportation shall relay, electronically

or by United States mail, information received from the chief driver

licensing official of a State of record in response to a request

under paragraph (1) of this subsection to the chief driver licensing

official of the participating State requesting the information. However, the Secretary may refuse to relay information to the chief

driver licensing official of a participating State that does not comply

with section 30304 of this title.

(b) REQUESTS TO OBTAIN INFORMATION.—(1) The Chairman

of the National Transportation Safety Board and the Administrator

of the Federal Highway Administration may request the chief driver

licensing official of a State to obtain information under subsection

(a) of this section about an individual who is the subject of an

accident investigation conducted by the Board or the Administrator.

The Chairman and the Administrator may receive the information.

(2) An individual who is employed, or is seeking employment,

as a driver of a motor vehicle may request the chief driver licensing

official of the State in which the individual is employed or seeks

employment to provide information about the individual under subsection (a) of this section to the individual’s employer or prospective

employer. An employer or prospective employer may receive the

information and shall make the information available to the individual. Information may not be obtained from the National Driver

Register under this paragraph if the information was entered in

the Register more than 3 years before the request. (3) An individual who has received, or is applying for, an

airman’s certificate may request the chief driver licensing official

of a State to provide information about the individual under subsection (a) of this section to the Administrator of the Federal Aviation Administration. The Administrator may receive the information

and shall make the information available to the individual for

review and written comment. The Administrator may use the

information to verify information required to be reported to the

Administrator by an airman applying for an airman medical certificate and to evaluate whether the airman meets the minimum

standards prescribed by the Administrator to be issued an airman

medical certificate. The Administrator may not otherwise divulge

or use the information. Information may not be obtained from

the Register under this paragraph if the information was entered

in the Register more than 3 years before the request, unless the

information is about a revocation or suspension still in effect on

the date of the request.

(4) An individual who is employed, or is seeking employment,

by a rail carrier as an operator of a locomotive may request the

chief driver licensing official of a State to provide information

about the individual under subsection (a) of this section to the
H. R. 1758—233

individual’s employer or prospective employer or to the Secretary

of Transportation. Information may not be obtained from the Register under this paragraph if the information was entered in the

Register more than 3 years before the request, unless the information is about a revocation or suspension still in effect on the date

of the request.

(5) An individual who holds, or is applying for, a license or

certificate of registry under section 7101 of title 46, or a merchant

mariner’s document under section 7302 of title 46, may request

the chief driver licensing official of a State to provide information

about the individual under subsection (a) of this section to the

Secretary of the department in which the Coast Guard is operating.

The Secretary may receive the information and shall make the

information available to the individual for review and written comment before denying, suspending, or revoking the license, certificate,

or document of the individual based on the information and before

using the information in an action taken under chapter 77 of

title 46. The Secretary may not otherwise divulge or use the

information, except for purposes of section 7101, 7302, or 7703

of title 46. Information may not be obtained from the Register

under this paragraph if the information was entered in the Register

more than 3 years before the request, unless the information is

about a revocation or suspension still in effect on the date of

the request.

(6) An individual may request the chief driver licensing official

of a State to obtain information about the individual under subsection (a) of this section—

(A) to learn whether information about the individual is

being provided; (B) to verify the accuracy of the information; or

(C) to obtain a certified copy of the information. (7) A request under this subsection shall be made in the form

and way the Secretary of Transportation prescribes by regulation. (c) RELATIONSHIP TO OTHER LAWS.—A request for, or receipt

of, information from the Register is subject to sections 552 and

552a of title 5, and other applicable laws of the United States

or a State, except that—

(1) the Secretary of Transportation may not relay or other- wise provide information specified in section 30304(b)(1)(A) or

(C) of this title to a person not authorized by this section

to receive the information;

(2) a request for, or receipt of, information by a chief

driver licensing official, or by a person authorized by subsection

(b) of this section to request and receive the information, is

deemed to be a routine use under section 552a(b) of title 5;

and

(3) receipt of information by a person authorized by this

section to receive the information is deemed to be a disclosure

under section 552a(c) of title 5, except that the Secretary of

Transportation is not required to retain the accounting made

under section 552a(c)(1) for more than 7 years after the

disclosure.

(d) AVAILABILITY OF INFORMATION PROVIDED UNDER PRIOR

LAW.—Information provided by a State under the Act of July 14,

1960 (Public Law 86–660, 74 Stat. 526), as restated by section

401 of the National Traffic and Motor Vehicle Safety Act of 1966

(Public Law 89–563, 80 Stat. 730), and under this chapter, shall
H. R. 1758—234

be available under this section during the transition from the register maintained under that Act to the Register maintained under

this chapter.

§ 30306. National Driver Register Advisory Committee

(a) ORGANIZATION.—There is a National Driver Register

Advisory Committee.

(b) DUTIES.—The Committee shall advise the Secretary of

Transportation on—

(1) the efficiency of the maintenance and operation of the

National Driver Register; and

(2) the effectiveness of the Register in assisting States

in exchanging information about motor vehicle driving records.

(c) COMPOSITION AND APPOINTMENT.—The Committee is composed of 15 members appointed by the Secretary as follows:

(1) 3 members appointed from among individuals who are

specially qualified to serve on the Committee because of their

education, training, or experience, and who are not officers

or employees of the United States Government or a State.

(2) 3 members appointed from among groups outside the

Government that represent the interests of bus and trucking

organizations, enforcement officials, labor, or safety organizations.

(3) 9 members, geographically representative of the participating States, appointed from among individuals who are chief

driver licensing officials of participating States.

(d) TERMS.—(1) Except as provided in paragraph (2) of this

subsection, the term of each member is 3 years.

(2) A vacancy on the Committee shall be filled in the same

way as an original appointment. A member appointed to fill a

vacancy serves for the remainder of the term of that member’s

predecessor. After a member’s term ends, the member may continue

to serve until a successor takes office.

(e) PAY AND EXPENSES.—Members of the Committee serve without pay. However, the Secretary may reimburse a member for

reasonable travel expenses incurred by the member in attending

meetings of the Committee.

(f) MEETINGS, CHAIRMAN, VICE CHAIRMAN, AND QUORUM.—(1)

The Committee shall meet at least once a year.

(2) The Committee shall elect a Chairman and a Vice Chairman

from among its members.

(3) Eight members are a quorum.

(4) The Committee shall meet at the call of the Chairman

or a majority of the members.

(g) PERSONNEL AND SERVICES.—The Secretary may provide the

Committee with personnel, penalty mail privileges, and similar

services the Secretary considers necessary to assist the Committee

in carrying out its duties and powers under this section.

(h) REPORTS.—At least once a year, the Committee shall submit

to the Secretary a report on the matters specified in subsection

(b) of this section. The report shall include any recommendations

of the Committee for changes in the Register.

(i) RELATIONSHIP TO OTHER LAWS.—The Committee is exempt

from sections 10(e) and (f) and 14 of the Federal Advisory Committee Act (5 App. U.S.C.).
H. R. 1758—235

§ 30307. Criminal penalties

(a) GENERAL PENALTY.—A person (except an individual

described in section 30305(b)(6) of this title) shall be fined under

title 18, imprisoned for not more than one year, or both, if—

(1) the person receives under section 30305 of this title

information specified in section 30304(b)(1)(A) or (C) of this

title;

(2) disclosure of the information is not authorized by section

30305 of this title; and

(3) the person willfully discloses the information knowing

that disclosure is not authorized.

(b) INFORMATION PENALTY.—A person knowingly and willfully

requesting, or under false pretenses obtaining, information specified

in section 30304(b)(1)(A) or (C) of this title from a person receiving

the information under section 30305 of this title shall be fined

under title 18, imprisoned for not more than one year, or both.

§ 30308. Authorization of appropriations

(a) GENERAL.—The Secretary of Transportation shall make

available from amounts made available to carry out section 402

of title 23 $4,000,000 for each of the fiscal years ending September

30, 1993, and September 30, 1994, to carry out this chapter.

(b) AVAILABILITY OF AMOUNTS.—Amounts appropriated under

this section remain available until expended.

CHAPTER 305—NATIONAL AUTOMOBILE TITLE

INFORMATION SYSTEM

Sec.

30501. Definitions.

30502. National Automobile Title Information System.

30503. State participation.

30504. Reporting requirements.

30505. Penalties and enforcement.

§ 30501. Definitions

In this chapter—

(1) ‘‘automobile’’ has the same meaning given that term

in section 32901(a) of this title.

(2) ‘‘certificate of title’’ means a document issued by a

State showing ownership of an automobile.

(3) ‘‘insurance carrier’’ means an individual or entity

engaged in the business of underwriting automobile insurance.

(4) ‘‘junk automobile’’ means an automobile that—

(A) is incapable of operating on public streets, roads,

and highways; and

(B) has no value except as a source of parts or scrap.

(5) ‘‘junk yard’’ means an individual or entity engaged

in the business of acquiring or owning junk automobiles for—

(A) resale in their entirety or as spare parts; or

(B) rebuilding, restoration, or crushing.

(6) ‘‘operator’’ means the individual or entity authorized

or designated as the operator of the National Automobile Title

Information System under section 30502(b) of this title, or

the Secretary of Transportation, if there is no authorized or

designated individual or entity. (7) ‘‘salvage automobile’’ means an automobile that is damaged by collision, fire, flood, accident, trespass, or other event,
H. R. 1758—236

to the extent that its fair salvage value plus the cost of repairing

the automobile for legal operation on public streets, roads,

and highways would be more than the fair market value of

the automobile immediately before the event that caused the

damage.

(8) ‘‘salvage yard’’ means an individual or entity engaged

in the business of acquiring or owning salvage automobiles

for—

(A) resale in their entirety or as spare parts; or

(B) rebuilding, restoration, or crushing.

(9) ‘‘State’’ means a State of the United States or the

District of Columbia.

§ 30502. National Automobile Title Information System

(a) ESTABLISHMENT OR DESIGNATION.—(1) In cooperation with

the States and not later than January 31, 1996, the Secretary

of Transportation shall establish a National Automobile Title

Information System that will provide individuals and entities

referred to in subsection (e) of this section with instant and reliable

access to information maintained by the States related to automobile titling described in subsection (d) of this section. However,

if the Secretary decides that the existing information system meets

the requirements of subsections (d) and (e) of this section and

will permit the Secretary to carry out this chapter as early as

possible, the Secretary, in consultation with the Attorney General,

may designate an existing information system as the National

Automobile Title Information System.

(2) In cooperation with the Attorney General and the States,

the Secretary shall ascertain the extent to which title and related

information to be included in the system established under paragraph (1) of this subsection will be adequate, timely, reliable, uniform, and capable of assisting in efforts to prevent the introduction

or reintroduction of stolen vehicles and parts into interstate commerce.

(b) OPERATION.—The Secretary may authorize the operation

of the System established or designated under subsection (a)(1)

of this section by agreement with one or more States, or by designating, after consulting with the States, a third party that represents

the interests of the States.

(c) USER FEES.—Operation of the System established or designated under subsection (a)(1) of this section shall be paid for

by user fees and should be self-sufficient and not be dependent

on amounts from the United States Government. The amount of

fees the operator collects and keeps under this subsection subject

to annual appropriation laws, excluding fees the operator collects

and pays to an entity providing information to the operator, may

be not more than the costs of operating the System.

(d) INFORMATION REQUIREMENTS.—The System established or

designated under subsection (a)(1) of this section shall permit a

user of the System at least to establish instantly and reliably—

(1) the validity and status of a document purporting to

be a certificate of title;

(2) whether an automobile bearing a known vehicle identification number is titled in a particular State;

(3) whether an automobile known to be titled in a particular

State is or has been a junk automobile or a salvage automobile;
H. R. 1758—237

(4) for an automobile known to be titled in a particular

State, the odometer mileage disclosure required under section

32705 of this title for that automobile on the date the certificate

of title for that automobile was issued and any later mileage

information, if noted by the State; and

(5) whether an automobile bearing a known vehicle identification number has been reported as a junk automobile or

a salvage automobile under section 30504 of this title.

(e) AVAILABILITY OF INFORMATION.—(1) The operator shall make

available—

(A) to a participating State on request of that State,

information in the System about any automobile;

(B) to a Government, State, or local law enforcement official

on request of that official, information in the System about

a particular automobile, junk yard, or salvage yard;

(C) to a prospective purchaser of an automobile on request

of that purchaser, including an auction company or entity

engaged in the business of purchasing used automobiles,

information in the System about that automobile; and

(D) to a prospective or current insurer of an automobile

on request of that insurer, information in the System about

that automobile.

(2) The operator may release only the information reasonably

necessary to satisfy the requirements of paragraph (1) of this subsection. The operator may not collect an individual’s social security

account number or permit users of the System to obtain an individual’s address or social security account number.

§ 30503. State participation

(a) STATE INFORMATION.—Each State shall make titling

information maintained by that State available for use in operating

the National Automobile Title Information System established or

designated under section 30502 of this title. (b) VERIFICATION CHECKS.—Each State shall establish a practice of performing an instant title verification check before issuing

a certificate of title to an individual or entity claiming to have

purchased an automobile from an individual or entity in another

State. The check shall consist of—

(1) communicating to the operator— (A) the vehicle identification number of the automobile

for which the certificate of title is sought; (B) the name of the State that issued the most recent

certificate of title for the automobile; and

(C) the name of the individual or entity to whom the

certificate of title was issued; and

(2) giving the operator an opportunity to communicate to

the participating State the results of a search of the information.

(c) GRANTS TO STATES.—(1) In cooperation with the States

and not later than January 1, 1994, the Secretary of Transportation

shall—

(A) conduct a review of systems used by the States to

compile and maintain information about the titling of automobiles; and

(B) determine for each State the cost of making titling

information maintained by that State available to the operator

to meet the requirements of section 30502(d) of this title.
H. R. 1758—238

(2) The Secretary may make grants to participating States

to be used in making titling information maintained by those States

available to the operator if—

(A) the grant to a State is not more than the lesser of—

(i) 25 percent of the cost of making titling information

maintained by that State available to the operator as determined by the Secretary under paragraph (1)(B) of this

subsection; or

(ii) $300,000; and

(B) the Secretary decides that the grants are reasonable

and necessary to establish the System.

(d) REPORT TO CONGRESS.—Not later than January 1, 1997,

the Secretary shall report to Congress on which States have met

the requirements of this section. If a State has not met the requirements, the Secretary shall describe the impediments that have

resulted in the State’s failure to meet the requirements.

§ 30504. Reporting requirements

(a) JUNK YARD AND SALVAGE YARD OPERATORS.—(1) Beginning

at a time established by the Secretary of Transportation that is

not sooner than the 3d month before the establishment or designation of the National Automobile Title Information System under

section 30502 of this title, an individual or entity engaged in the

business of operating a junk yard or salvage yard shall file a

monthly report with the operator of the System. The report shall

contain an inventory of all junk automobiles or salvage automobiles

obtained by the junk yard or salvage yard during the prior month.

The inventory shall contain— (A) the vehicle identification number of each automobile

obtained;

(B) the date on which the automobile was obtained;

(C) the name of the individual or entity from whom the

automobile was obtained; and

(D) a statement of whether the automobile was crushed

or disposed of for sale or other purposes.

(2) Paragraph (1) of this subsection does not apply to an individual or entity— (A) required by State law to report the acquisition of junk

automobiles or salvage automobiles to State or local authorities

if those authorities make that information available to the

operator; or

(B) issued a verification under section 33110 of this title

stating that the automobile or parts from the automobile are

not reported as stolen.

(b) INSURANCE CARRIERS.—Beginning at a time established by

the Secretary that is not sooner than the 3d month before the

establishment or designation of the System, an individual or entity

engaged in business as an insurance carrier shall file a monthly

report with the operator. The report may be filed directly or through

a designated agent. The report shall contain an inventory of all

automobiles of the current model year or any of the 4 prior model

years that the carrier, during the prior month, has obtained possession of and has decided are junk automobiles or salvage automobiles.

The inventory shall contain—

(1) the vehicle identification number of each automobile

obtained;

(2) the date on which the automobile was obtained;
H. R. 1758—239

(3) the name of the individual or entity from whom the

automobile was obtained; and

(4) the name of the owner of the automobile at the time

of the filing of the report.

(c) PROCEDURES AND PRACTICES.—The Secretary shall establish

by regulation procedures and practices to facilitate reporting in

the least burdensome and costly fashion.

§ 30505. Penalties and enforcement

(a) PENALTY.—An individual or entity violating this chapter

is liable to the United States Government for a civil penalty of

not more than $1,000 for each violation.

(b) COLLECTION AND COMPROMISE.—(1) The Secretary of

Transportation shall impose a civil penalty under this section. The

Attorney General shall bring a civil action to collect the penalty.

The Secretary may compromise the amount of the penalty. In

determining the amount of the penalty or compromise, the Secretary

shall consider the appropriateness of the penalty to the size of

the business of the individual or entity charged and the gravity

of the violation.

(2) The Government may deduct the amount of a civil penalty

imposed or compromised under this section from amounts it owes

the individual or entity liable for the penalty.

PART B—COMMERCIAL

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.
H. R. 1758—240

SUBCHAPTER IV—MISCELLANEOUS

31161. Procedures to ensure timely correction of safety violations.

31162. Compliance review priority.

SUBCHAPTER I—STATE GRANTS

§ 31101. Definitions

In this subchapter—

(1) ‘‘commercial motor vehicle’’ means (except in section

31106) a self-propelled or towed vehicle used on the highways

in commerce principally to transport passengers or cargo, if

the vehicle—

(A) has a gross vehicle weight rating of at least 10,000

pounds;

(B) is designed to transport more than 10 passengers

including the driver; or

(C) is used in transporting material found by the Secretary of Transportation to be hazardous under section

5103 of this title.

(2) ‘‘employee’’ means a driver of a commercial motor

vehicle (including an independent contractor when personally

operating a commercial motor vehicle), a mechanic, a freight

handler, or an individual not an employer, who—

(A) directly affects commercial motor vehicle safety

in the course of employment by a commercial motor carrier;

and

(B) is not an employee of the United States Government, a State, or a political subdivision of a State acting

in the course of employment.

(3) ‘‘employer’’— (A) means a person engaged in a business affecting

commerce that owns or leases a commercial motor vehicle

in connection with that business, or assigns an employee

to operate the vehicle in commerce; but

(B) does not include the Government, a State, or a

political subdivision of a State.

(4) ‘‘State’’ means a State of the United States, the District

of Columbia, Puerto Rico, the Virgin Islands, American Samoa,

Guam, and the Northern Mariana Islands.

§ 31102. Grants to States

(a) GENERAL AUTHORITY.—Subject to this section and the availability of amounts, the Secretary of Transportation may make

grants to States for the development or implementation of programs

for the enforcement of regulations, standards, and orders of the

United States Government on commercial motor vehicle safety and

compatible State regulations, standards, and orders.

(b) STATE PLAN PROCEDURES AND CONTENTS.—(1) The Secretary

shall prescribe procedures for a State to submit a plan under

which the State agrees to adopt and assume responsibility for

enforcing regulations, standards, and orders of the Government

on commercial motor vehicle safety or compatible State regulations,

standards, and orders. The Secretary shall approve the plan if

the Secretary decides the plan is adequate to promote the objectives

of this section and the plan—

(A) designates the State motor vehicle safety agency responsible for administering the plan throughout the State;
H. R. 1758—241

(B) contains satisfactory assurances the agency has or will

have the legal authority, resources, and qualified personnel

necessary to enforce the regulations, standards, and orders;

(C) contains satisfactory assurances the State will devote

adequate amounts to the administration of the plan and

enforcement of the regulations, standards, and orders;

(D) provides that the total expenditure of amounts of the

State and its political subdivisions (not including amounts of

the Government) for commercial motor vehicle safety programs

for enforcement of commercial motor vehicle size and weight

limitations, drug interdiction, and State traffic safety laws and

regulations under subsection (c) of this section will be maintained at a level at least equal to the average level of that

expenditure for its last 3 full fiscal years before December

18, 1991;

(E) provides a right of entry and inspection to carry out

the plan;

(F) provides that all reports required under this section

be submitted to the agency and that the agency will make

the reports available to the Secretary on request;

(G) provides that the agency will adopt the reporting

requirements and use the forms for recordkeeping, inspections,

and investigations the Secretary prescribes;

(H) requires registrants of commercial motor vehicles to

make a declaration of knowledge of applicable safety regulations, standards, and orders of the Government and the State;

(I) provides that the State will grant maximum reciprocity

for inspections conducted under the North American Inspection

Standard through the use of a nationally accepted system that

allows ready identification of previously inspected commercial

motor vehicles;

(J) ensures that activities described in subsection (c) of

this section, if financed with grants under subsection (a) of

this section, will not diminish the effectiveness of the development and implementation of commercial motor vehicle safety

programs described in subsection (a);

(K) ensures that fines imposed and collected by the State

for violations of commercial motor vehicle safety regulations

will be reasonable and appropriate and that, to the maximum

extent practicable, the State will attempt to implement the

recommended fine schedule published by the Commercial

Vehicle Safety Alliance;

(L) ensures that the State agency will coordinate the plan

prepared under this section with the State highway safety

plan under section 402 of title 23;

(M) ensures participation by the 48 contiguous States in

SAFETYNET not later than January 1, 1994;

(N) provides satisfactory assurances that the State will

undertake efforts that will emphasize and improve enforcement

of State and local traffic safety laws and regulations related

to commercial motor vehicle safety;

(O) provides satisfactory assurances that the State will

promote activities—

(i) to remove impaired commercial motor vehicle drivers from the highways of the United States through adequate enforcement of regulations on the use of alcohol
H. R. 1758—242

and controlled substances and by ensuring ready roadside

access to alcohol detection and measuring equipment;

(ii) to provide an appropriate level of training to State

motor carrier safety assistance program officers and

employees on recognizing drivers impaired by alcohol or

controlled substances;

(iii) to promote enforcement of the requirements related

to the licensing of commercial motor vehicle drivers, including checking the status of commercial drivers’ licenses;

and

(iv) to improve enforcement of hazardous material

transportation regulations by encouraging more inspections

of shipper facilities affecting highway transportation and

more comprehensive inspection of the loads of commercial

motor vehicles transporting hazardous material; and

(P) provides satisfactory assurances that the State will

promote effective—

(i) interdiction activities affecting the transportation

of controlled substances by commercial motor vehicle drivers and training on appropriate strategies for carrying

out those interdiction activities; and

(ii) use of trained and qualified officers and employees

of political subdivisions and local governments, under the

supervision and direction of the State motor vehicle safety

agency, in the enforcement of regulations affecting commercial motor vehicle safety and hazardous material transportation safety.

(2) If the Secretary disapproves a plan under this subsection,

the Secretary shall give the State a written explanation and allow

the State to modify and resubmit the plan for approval.

(3) In estimating the average level of State expenditure under

paragraph (1)(D) of this subsection, the Secretary—

(A) may allow the State to exclude State expenditures

for Government-sponsored demonstration or pilot programs;

and

(B) shall require the State to exclude Government amounts

and State matching amounts used to receive Government

financing under subsection (a) of this section.

(c) USE OF GRANTS TO ENFORCE OTHER LAWS.—A State may

use amounts received under a grant under subsection (a) of this

section for the following activities if the activities are carried out

in conjunction with an appropriate inspection of the commercial

motor vehicle to enforce Government or State commercial motor

vehicle safety regulations:

(1) enforcement of commercial motor vehicle size and

weight limitations at locations other than fixed weight facilities,

at specific locations such as steep grades or mountainous terrains where the weight of a commercial motor vehicle can

significantly affect the safe operation of the vehicle, or at ports

where intermodal shipping containers enter and leave the

United States.

(2) detection of the unlawful presence of a controlled substance (as defined under section 102 of the Comprehensive

Drug Abuse Prevention and Control Act of 1970 (21 U.S.C.

802)) in a commercial motor vehicle or on the person of any

occupant (including the operator) of the vehicle.
H. R. 1758—243

(3) enforcement of State traffic laws and regulations

designed to promote the safe operation of commercial motor

vehicles.

(d) CONTINUOUS EVALUATION OF PLANS.—On the basis of

reports submitted by a State motor vehicle safety agency of a

State with a plan approved under this section and the Secretary’s

own investigations, the Secretary shall make a continuing evaluation of the way the State is carrying out the plan. If the Secretary

finds, after notice and opportunity for comment, the State plan

previously approved is not being followed or has become inadequate

to ensure enforcement of the regulations, standards, or orders,

the Secretary shall withdraw approval of the plan and notify the

State. The plan stops being effective when the notice is received.

A State adversely affected by the withdrawal may seek judicial

review under chapter 7 of title 5. Notwithstanding the withdrawal,

the State may retain jurisdiction in administrative or judicial

proceedings begun before the withdrawal if the issues involved

are not related directly to the reasons for the withdrawal.

§ 31103. United States Government’s share of costs

The Secretary of Transportation shall reimburse a State, from

a grant made under this subchapter, an amount that is not more

than 80 percent of the costs incurred by the State in a fiscal

year in developing and implementing programs to enforce commercial motor vehicle regulations, standards, or orders adopted under

this subchapter or subchapter II of this chapter. In determining

those costs, the Secretary shall include in-kind contributions by

the State. Amounts of the State and its political subdivisions

required to be expended under section 31102(b)(1)(D) of this title

may not be included as part of the share not provided by the

United States Government. The Secretary may allocate among the

States whose applications for grants have been approved those

amounts appropriated for grants to support those programs, under

criteria that may be established.

§ 31104. Availability of amounts

(a) GENERAL.—Subject to section 9503(c)(1) of the Internal

Revenue Code of 1986 (26 U.S.C. 9503(c)(1)), the following amounts

are available from the Highway Trust Fund (except the Mass Transit Account) for the Secretary of Transportation to incur obligations

to carry out section 31102 of this title: (1) not more than $76,000,000 for the fiscal year ending

September 30, 1993.

(2) not more than $80,000,000 for the fiscal year ending

September 30, 1994.

(3) not more than $83,000,000 for the fiscal year ending

September 30, 1995.

(4) not more than $85,000,000 for the fiscal year ending

September 30, 1996.

(5) not more than $90,000,000 for the fiscal year ending

September 30, 1997.

(b) AVAILABILITY AND REALLOCATION OF AMOUNTS.—(1)

Amounts made available under subsection (a) of this section remain

available until expended. Allocations to a State remain available

for expenditure in the State for the fiscal year in which they

are allocated and for the next fiscal year. Amounts not expended
H. R. 1758—244

by a State during those 2 fiscal years are released to the Secretary

for reallocation.

(2) Amounts made available under section 404(a)(2) of the

Surface Transportation Assistance Act of 1982 before October 1,

1991, that are not obligated on October 1, 1992, are available

for reallocation and obligation under paragraph (1) of this subsection.

(c) REIMBURSEMENT FOR GOVERNMENT’S SHARE OF COSTS.—

Amounts made available under subsection (a) of this section shall

be used to reimburse States proportionately for the United States

Government’s share of costs incurred.

(d) GRANTS AS CONTRACTUAL OBLIGATIONS.—Approval by the

Secretary of a grant to a State under section 31102 of this title

is a contractual obligation of the Government for payment of the

Government’s share of costs incurred by the State in developing,

implementing, or developing and implementing programs to enforce

commercial motor vehicle regulations, standards, and orders.

(e) DEDUCTION FOR ADMINISTRATIVE EXPENSES.—On October

1 of each fiscal year or as soon after that date as practicable,

the Secretary may deduct, from amounts made available under

subsection (a) of this section for that fiscal year, not more than

1.25 percent of those amounts for administrative expenses incurred

in carrying out section 31102 of this title in that fiscal year. The

Secretary shall use at least 75 percent of those deducted amounts

to train non-Government employees and to develop related training

materials in carrying out section 31102.

(f) ALLOCATION CRITERIA.—On October 1 of each fiscal year

or as soon after that date as practicable, the Secretary, after making

the deduction described in subsection (e) of this section, shall allocate under criteria the Secretary establishes the amounts available

for that fiscal year among the States with plans approved under

section 31102 of this title. However, the Secretary may designate

specific eligible States among which to allocate those amounts in

allocating amounts available— (1) for research, development, and demonstration under

subsection (g)(1)(F) of this section; and (2) for public education under subsection (g)(1)(G) of this

section.

(g) SPECIFIC ALLOCATIONS.—(1) Of amounts made available

under subsection (a) of this section—

(A) for each fiscal year beginning after September 30, 1992,

the Secretary shall obligate at least $1,500,000 to make grants

to States for training inspectors to enforce regulations prescribed by the Secretary related to the transportation of hazardous material by commercial motor vehicles;

(B) for each of the fiscal years ending September 30, 1993–

1997, the Secretary may obligate not more than $2,000,000

to carry out section 31106 of this title;

(C) for each of the fiscal years ending September 30, 1993–

1997, the Secretary may obligate not more than $2,000,000

to carry out section 31107 of this title;

(D) for each of the fiscal years ending September 30, 1993–

1995, the Secretary shall obligate at least $4,250,000, and

for each of the fiscal years ending September 30, 1996, and

1997, the Secretary shall obligate at least $5,000,000, for traffic

enforcement activities related to commercial motor vehicle drivers that are carried out in conjunction with an appropriate
H. R. 1758—245

inspection of a commercial motor vehicle for compliance with

Government or State commercial motor vehicle safety regulations;

(E) for each of the fiscal years ending September 30, 1993–

1995, the Secretary shall obligate at least $1,000,000 to increase

enforcement of the licensing requirements of chapter 313 of

this title by motor carrier safety assistance program officers

and employees, including the cost of purchasing equipment

for, and conducting, inspections to check the current status

of licenses issued under chapter 313;

(F) for each fiscal year, the Secretary shall obligate at

least $500,000 for research, development, and demonstration

of technologies, methodologies, analyses, or information systems

designed to carry out section 31102 of this title and that are

beneficial to all jurisdictions; and

(G) for each fiscal year, the Secretary shall obligate at

least $350,000 to educate the motoring public on how to share

the road safely with commercial motor vehicles.

(2) The Secretary shall announce publicly amounts obligated

under paragraph (1)(F) of this subsection and award those amounts

competitively, when practicable, to any eligible State for up to

100 percent of the State costs or to other persons as the Secretary

decides.

(3) In carrying out educational activities referred to in paragraph (1)(G) of this subsection, the Secretary shall consult with

appropriate industry representatives.

(h) PAYMENT TO STATES FOR COSTS.—Each State shall submit

vouchers for costs the State incurs under this section and section

31102 of this title. The Secretary shall pay the State an amount

not more than the Government share of costs incurred as of the

date of the vouchers.

(i) IMPROVED ALLOCATION FORMULA.—The Secretary shall prescribe regulations to develop an improved formula and process

for allocating amounts made available for grants under section

31102(a) of this title among States eligible for those amounts.

In prescribing those regulations, the Secretary shall— (1) consider ways to provide incentives to States that demonstrate innovative, successful, cost-efficient, or cost-effective

programs to promote commercial motor vehicle safety and

hazardous material transportation safety; (2) place special emphasis on incentives to States that

conduct traffic safety enforcement activities that are coupled

with motor carrier safety inspections; and (3) consider ways to provide incentives to States that

increase compatibility of State commercial motor vehicle safety

and hazardous material transportation regulations with

Government safety regulations and promote other factors

intended to promote effectiveness and efficiency the Secretary

decides are appropriate.

(j) INTRASTATE COMPATIBILITY.—The Secretary shall prescribe

regulations specifying tolerance guidelines and standards for ensuring compatibility of intrastate commercial motor vehicle safety laws

and regulations with Government motor carrier safety regulations

to be enforced under section 31102(a) of this title. To the extent

practicable, the guidelines and standards shall allow for maximum

flexibility while ensuring the degree of uniformity that will not

diminish transportation safety. In reviewing State plans and allocat-
H. R. 1758—246

ing amounts or making grants under section 153 of title 23, the

Secretary shall ensure that the guidelines and standards are applied

uniformly.

§ 31105. Employee protections

(a) PROHIBITIONS.—(1) A person may not discharge an

employee, or discipline or discriminate against an employee regarding pay, terms, or privileges of employment, because—

(A) the employee, or another person at the employee’s

request, has filed a complaint or begun a proceeding related

to a violation of a commercial motor vehicle safety regulation,

standard, or order, or has testified or will testify in such a

proceeding; or

(B) the employee refuses to operate a vehicle because—

(i) the operation violates a regulation, standard, or

order of the United States related to commercial motor

vehicle safety or health; or

(ii) the employee has a reasonable apprehension of

serious injury to the employee or the public because of

the vehicle’s unsafe condition.

(2) Under paragraph (1)(B)(ii) of this subsection, an employee’s

apprehension of serious injury is reasonable only if a reasonable

individual in the circumstances then confronting the employee

would conclude that the unsafe condition establishes a real danger

of accident, injury, or serious impairment to health. To qualify

for protection, the employee must have sought from the employer,

and been unable to obtain, correction of the unsafe condition.

(b) FILING COMPLAINTS AND PROCEDURES.—(1) An employee

alleging discharge, discipline, or discrimination in violation of subsection (a) of this section, or another person at the employee’s

request, may file a complaint with the Secretary of Labor not

later than 180 days after the alleged violation occurred. On receiving

the complaint, the Secretary shall notify the person alleged to

have committed the violation of the filing of the complaint.

(2)(A) Not later than 60 days after receiving a complaint, the

Secretary shall conduct an investigation, decide whether it is

reasonable to believe the complaint has merit, and notify the

complainant and the person alleged to have committed the violation

of the findings. If the Secretary decides it is reasonable to believe

a violation occurred, the Secretary shall include with the decision

findings and a preliminary order for the relief provided under

paragraph (3) of this subsection.

(B) Not later than 30 days after the notice under subparagraph

(A) of this paragraph, the complainant and the person alleged

to have committed the violation may file objections to the findings

or preliminary order, or both, and request a hearing on the record.

The filing of objections does not stay a reinstatement ordered in

the preliminary order. If a hearing is not requested within the

30 days, the preliminary order is final and not subject to judicial

review.

(C) A hearing shall be conducted expeditiously. Not later than

120 days after the end of the hearing, the Secretary shall issue

a final order. Before the final order is issued, the proceeding may

be ended by a settlement agreement made by the Secretary, the

complainant, and the person alleged to have committed the

violation.
H. R. 1758—247

(3)(A) If the Secretary decides, on the basis of a complaint,

a person violated subsection (a) of this section, the Secretary shall

order the person to—

(i) take affirmative action to abate the violation;

(ii) reinstate the complainant to the former position with

the same pay and terms and privileges of employment; and

(iii) pay compensatory damages, including back pay.

(B) If the Secretary issues an order under subparagraph (A)

of this paragraph and the complainant requests, the Secretary

may assess against the person against whom the order is issued

the costs (including attorney’s fees) reasonably incurred by the

complainant in bringing the complaint. The Secretary shall determine the costs that reasonably were incurred.

(c) JUDICIAL REVIEW AND VENUE.—A person adversely affected

by an order issued after a hearing under subsection (b) of this

section may file a petition for review, not later than 60 days

after the order is issued, in the court of appeals of the United

States for the circuit in which the violation occurred or the person

resided on the date of the violation. The review shall be heard

and decided expeditiously. An order of the Secretary subject to

review under this subsection is not subject to judicial review in

a criminal or other civil proceeding.

(d) CIVIL ACTIONS TO ENFORCE.—If a person fails to comply

with an order issued under subsection (b) of this section, the Secretary shall bring a civil action to enforce the order in the district

court of the United States for the judicial district in which the

violation occurred.

§ 31106. Commercial motor vehicle information system program

(a) DEFINITION.—In this section, ‘‘commercial motor vehicle’’

means a self-propelled or towed vehicle used on highways in intrastate or interstate commerce to transport passengers or property,

if the vehicle—

(1) has a gross vehicle weight rating of at least 10,001

pounds;

(2) is designed to transport more than 15 passengers,

including the driver; or (3) is used in transporting material found by the Secretary

of Transportation to be hazardous under section 5103 of this

title and that material is transported in a quantity requiring

placarding under regulations the Secretary prescribes under

section 5103.

(b) INFORMATION SYSTEM.—(1) In cooperation with the States,

the Secretary may establish as part of the motor carrier safety

information network system of the Department of Transportation

and similar State systems, an information system to serve as a

clearinghouse and depository of information related to State registration and licensing of commercial motor vehicles and the safety

fitness of the commercial motor vehicle registrants. The Secretary

shall include in the system information on the safety fitness of

each of the registrants and other information the Secretary considers appropriate, including information on vehicle inspections and

out-of-service orders.

(2) The operation of the information system established under

paragraph (1) of this subsection shall be paid for by a schedule

of user fees. The Secretary may authorize the operation of the
H. R. 1758—248

information system by contract, through an agreement with one

or more States, or by designating, after consulting with the States,

a third party that represents the interests of the States.

(3) The Secretary shall prescribe standards to ensure—

(A) uniform information collection and reporting by the

States necessary to carry out this section; and

(B) the availability and reliability of the information to

the States and the Secretary from the information system.

(c) DEMONSTRATION PROJECT.—The Secretary shall make grants

to States to carry out a project to demonstrate ways of establishing

an information system that will link the motor carrier safety

information network system of the Department and similar State

systems with the motor vehicle registration and licensing systems

of the States. The project shall be designed—

(1) to allow a State when issuing license plates for a

commercial motor vehicle to establish through use of the

information system the safety fitness of the person seeking

to register the vehicle; and

(2) to decide on types of sanctions that may be imposed

on the registrant, or the types of conditions or limitations

that may be imposed on the operations of the registrant, to

ensure the safety fitness of the registrant.

(d) REVIEW OF STATE SYSTEMS.—Not later than December 18,

1992, the Secretary, in cooperation with the States, shall review

State motor vehicle registration systems related to license tags

for commercial motor vehicles to decide whether those systems

can be used in carrying out this section.

(e) REGULATIONS.—The Secretary shall prescribe regulations

to carry out this section.

(f) REPORT TO CONGRESS.—Not later than January 1, 1995,

the Secretary shall submit a report to Congress on the cost, benefits,

and feasibility of the information system established under subsection (b) of this section. If the Secretary decides that the system

would be beneficial on a nationwide basis, the Secretary shall

include in the report recommendations on legislation to implement

a nationwide system.

(g) AUTHORIZATION OF APPROPRIATIONS.—Amounts necessary

to carry out this section may be made available to the Secretary

under section 31104(g)(1)(B) of this title.

§ 31107. Truck and bus accident grant program

(a) STATE GRANTS.—The Secretary of Transportation shall make

grants to States that agree to adopt or have adopted the recommendations of the National Governors’ Association related to

police accident reports for truck and bus accidents. The Secretary

may make a grant under this section only to assist a State in

carrying out those recommendations, including—

(1) assisting the State in designing appropriate forms;

(2) drafting instruction manuals;

(3) training appropriate State and local officers on matters,

including training on accident investigation techniques to

decide on the probable cause of truck and bus accidents;

(4) analyzing and evaluating safety information to develop

recommended changes to existing safety programs necessary

to address more effectively the causes of truck and bus

accidents; and
H. R. 1758—249

(5) other activities the Secretary decides are appropriate

to carry out this section.

(b) COORDINATION WITH OTHER PROGRAMS.—The Secretary

shall coordinate grants made under this section with highway safety

programs under section 402 of title 23. The Secretary may require

that the information from police reports for truck and bus accidents

be included in reports made to the Secretary under the uniform

information collection and reporting program under section 402.

(c) AUTHORIZATION OF APPROPRIATIONS.—Amounts necessary

to carry out this section may be made available to the Secretary

under section 31104(g)(1)(C) of this title.

§ 31108. Authorization of appropriations

Not more than $––––––––– may be appropriated to the Secretary of Transportation for the fiscal year ending September 30,

19––, to carry out the safety duties and powers of the Federal

Highway Administration.

SUBCHAPTER II—LENGTH AND WIDTH LIMITATIONS

§ 31111. Length limitations

(a) DEFINITIONS.—In this section—

(1) ‘‘maxi-cube vehicle’’ means a truck tractor combined

with a semitrailer and a separable property-carrying unit

designed to be loaded and unloaded through the semitrailer,

with the length of the separable property-carrying unit being

not more than 34 feet and the length of the vehicle combination

being not more than 65 feet.

(2) ‘‘truck tractor’’ means—

(A) a non-property-carrying power unit that operates

in combination with a semitrailer or trailer; or

(B) a power unit that carries as property only motor

vehicles when operating in combination with a semitrailer

in transporting motor vehicles.

(b) GENERAL LIMITATIONS.—(1) Except as provided in this section, a State may not prescribe or enforce a regulation of commerce

that—

(A) imposes a vehicle length limitation of less than 45

feet on a bus, of less than 48 feet on a semitrailer operating

in a truck tractor-semitrailer combination, or of less than 28

feet on a semitrailer or trailer operating in a truck tractorsemitrailer-trailer combination, on any segment of the Dwight

D. Eisenhower System of Interstate and Defense Highways

(except a segment exempted under subsection (f) of this section)

and those classes of qualifying Federal-aid Primary System

highways designated by the Secretary of Transportation under

subsection (e) of this section;

(B) imposes an overall length limitation on a commercial

motor vehicle operating in a truck tractor-semitrailer or truck

tractor-semitrailer-trailer combination;

(C) has the effect of prohibiting the use of a semitrailer

or trailer of the same dimensions as those that were in actual

and lawful use in that State on December 1, 1982; or

(D) has the effect of prohibiting the use of an existing

semitrailer or trailer, of not more than 28.5 feet in length,

in a truck tractor-semitrailer-trailer combination if the
H. R. 1758—250

semitrailer or trailer was operating lawfully on December 1,

1982, within a 65-foot overall length limit in any State.

(2) A length limitation prescribed or enforced by a State under

paragraph (1)(A) of this subsection applies only to a semitrailer

or trailer and not to a truck tractor.

(c) MAXI-CUBE AND VEHICLE COMBINATION LIMITATIONS.—A

State may not prohibit a maxi-cube vehicle or a commercial motor

vehicle combination consisting of a truck tractor and 2 trailing

units on any segment of the Dwight D. Eisenhower System of

Interstate and Defense Highways (except a segment exempted

under subsection (f) of this section) and those classes of qualifying

Federal-aid Primary System highways designated by the Secretary

under subsection (e) of this section.

(d) EXCLUSION OF SAFETY AND ENERGY CONSERVATION

DEVICES.—Length calculated under this section does not include

a safety or energy conservation device the Secretary decides is

necessary for safe and efficient operation of a commercial motor

vehicle. However, such a device may not have by its design or

use the ability to carry cargo.

(e) QUALIFYING HIGHWAYS.—The Secretary by regulation shall

designate as qualifying Federal-aid Primary System highways those

highways of the Federal-aid Primary System in existence on June

1, 1991, that can accommodate safely the applicable vehicle lengths

provided in this section.

(f) EXEMPTIONS.—(1) If the chief executive officer of a State,

after consulting under paragraph (2) of this subsection, decides

a segment of the Dwight D. Eisenhower System of Interstate and

Defense Highways is not capable of safely accommodating a

commercial motor vehicle having a length described in subsection

(b)(1)(A) of this section or the motor vehicle combination described

in subsection (c) of this section, the chief executive officer may

notify the Secretary of that decision and request the Secretary

to exempt that segment from either or both provisions.

(2) Before making a decision under paragraph (1) of this subsection, the chief executive officer shall consult with units of local

government in the State in which the segment of the Dwight

D. Eisenhower System of Interstate and Defense Highways is

located and with the chief executive officer of any adjacent State

that may be directly affected by the exemption. As part of the

consultations, consideration shall be given to any potential alternative route that serves the area in which the segment is located

and can safely accommodate a commercial motor vehicle having

a length described in subsection (b)(1)(A) of this section or the

motor vehicle combination described in subsection (c) of this section.

(3) A chief executive officer’s notification under this subsection

must include specific evidence of safety problems supporting the

officer’s decision and the results of consultations about alternative

routes.

(4)(A) If the Secretary decides, on request of a chief executive

officer or on the Secretary’s own initiative, a segment of the Dwight

D. Eisenhower System of Interstate and Defense Highways is not

capable of safely accommodating a commercial motor vehicle having

a length described in subsection (b)(1)(A) of this section or the

motor vehicle combination described in subsection (c) of this section,

the Secretary shall exempt the segment from either or both of

those provisions. Before making a decision under this paragraph,
H. R. 1758—251

the Secretary shall consider any possible alternative route that

serves the area in which the segment is located.

(B) The Secretary shall make a decision about a specific segment not later than 120 days after the date of receipt of notification

from a chief executive officer under paragraph (1) of this subsection

or the date on which the Secretary initiates action under subparagraph (A) of this paragraph, whichever is applicable. If the Secretary

finds the decision will not be made in time, the Secretary immediately shall notify Congress, giving the reasons for the delay,

information about the resources assigned, and the projected date

for the decision.

(C) Before making a decision, the Secretary shall give an

interested person notice and an opportunity for comment. If the

Secretary exempts a segment under this subsection before the final

regulations under subsection (e) of this section are prescribed, the

Secretary shall include the exemption as part of the final regulations. If the Secretary exempts the segment after the final regulations are prescribed, the Secretary shall publish the exemption

as an amendment to the final regulations.

(g) ACCOMMODATING SPECIALIZED EQUIPMENT.—In prescribing

regulations to carry out this section, the Secretary may make decisions necessary to accommodate specialized equipment, including

automobile and vessel transporters and maxi-cube vehicles.

§ 31112. Property-carrying unit limitation

(a) DEFINITIONS.—In this section—

(1) ‘‘property-carrying unit’’ means any part of a commercial

motor vehicle combination (except the truck tractor) used to

carry property, including a trailer, a semitrailer, or the property-carrying section of a single unit truck. (2) the length of the property-carrying units of a commercial

motor vehicle combination is the length measured from the

front of the first property-carrying unit to the rear of the

last property-carrying unit.

(b) GENERAL LIMITATIONS.—A State may not allow by any

means the operation, on any segment of the Dwight D. Eisenhower

System of Interstate and Defense Highways and those classes of

qualifying Federal-aid Primary System highways designated by the

Secretary of Transportation under section 31111(e) of this title,

of any commercial motor vehicle combination (except a vehicle or

load that cannot be dismantled easily or divided easily and that

has been issued a special permit under applicable State law) with

more than one property-carrying unit (not including the truck tractor) whose property-carrying units are more than— (1) the maximum combination trailer, semitrailer, or other

type of length limitation allowed by law or regulation of that

State before June 2, 1991; or

(2) the length of the property-carrying units of those

commercial motor vehicle combinations, by specific configuration, in actual, lawful operation on a regular or periodic basis

(including continuing seasonal operation) in that State before

June 2, 1991.

(c) SPECIAL RULES FOR WYOMING, OHIO, AND ALASKA.—In addition to the vehicles allowed under subsection (b) of this section—

(1) Wyoming may allow the operation of additional vehicle

configurations not in actual operation on June 1, 1991, but

authorized by State law not later than November 3, 1992,
H. R. 1758—252

if the vehicle configurations comply with the single axle, tandem

axle, and bridge formula limits in section 127(a) of title 23

and are not more than 117,000 pounds gross vehicle weight;

(2) Ohio may allow the operation of commercial motor

vehicle combinations with 3 property-carrying units of 28.5

feet each (not including the truck tractor) not in actual operation on June 1, 1991, to be operated in Ohio on the 1-mile

segment of Ohio State Route 7 that begins at and is south

of exit 16 of the Ohio Turnpike; and

(3) Alaska may allow the operation of commercial motor

vehicle combinations that were not in actual operation on June

1, 1991, but were in actual operation before July 6, 1991.

(d) ADDITIONAL LIMITATIONS.—(1) A commercial motor vehicle

combination whose operation in a State is not prohibited under

subsections (b) and (c) of this section may continue to operate

in the State on highways described in subsection (b) only if at

least in compliance with all State laws, regulations, limitations,

and conditions, including routing-specific and configuration-specific

designations and all other restrictions in force in the State on

June 1, 1991. However, subject to regulations prescribed by the

Secretary under subsection (g)(2) of this section, the State may

make minor adjustments of a temporary and emergency nature

to route designations and vehicle operating restrictions in effect

on June 1, 1991, for specific safety purposes and road construction.

(2) This section does not prevent a State from further restricting

in any way or prohibiting the operation of any commercial motor

vehicle combination subject to this section, except that a restriction

or prohibition shall be consistent with this section and sections

31113(a) and (b) and 31114 of this title.

(3) A State making a minor adjustment of a temporary and

emergency nature as authorized by paragraph (1) of this subsection

or further restricting or prohibiting the operation of a commercial

motor vehicle combination as authorized by paragraph (2) of this

subsection shall advise the Secretary not later than 30 days after

the action. The Secretary shall publish a notice of the action in

the Federal Register.

(e) LIST OF STATE LENGTH LIMITATIONS.—(1) Not later than

February 16, 1992, each State shall submit to the Secretary for

publication a complete list of State length limitations applicable

to commercial motor vehicle combinations operating in the State

on the highways described in subsection (b) of this section. The

list shall indicate the applicable State laws and regulations associated with the length limitations. If a State does not submit the

information as required, the Secretary shall complete and file the

information for the State.

(2) Not later than March 17, 1992, the Secretary shall publish

an interim list in the Federal Register consisting of all information

submitted under paragraph (1) of this subsection. The Secretary

shall review for accuracy all information submitted by a State

under paragraph (1) and shall solicit and consider public comment

on the accuracy of the information.

(3) A law or regulation may not be included on the list submitted by a State or published by the Secretary merely because it

authorized, or could have authorized, by permit or otherwise, the

operation of commercial motor vehicle combinations not in actual

operation on a regular or periodic basis before June 2, 1991.
H. R. 1758—253

(4) Except as revised under this paragraph or paragraph (5)

of this subsection, the list shall be published as final in the Federal

Register not later than June 15, 1992. In publishing the final

list, the Secretary shall make any revisions necessary to correct

inaccuracies identified under paragraph (2) of this subsection. After

publication of the final list, commercial motor vehicle combinations

prohibited under subsection (b) of this section may not operate

on the Dwight D. Eisenhower System of Interstate and Defense

Highways and other Federal-aid Primary System highways designated by the Secretary except as published on the list. The list

may be combined by the Secretary with the list required under

section 127(d) of title 23.

(5) On the Secretary’s own motion or on request by any person

(including a State), the Secretary shall review the list published

under paragraph (4) of this subsection. If the Secretary decides

there is reason to believe a mistake was made in the accuracy

of the list, the Secretary shall begin a proceeding to decide whether

a mistake was made. If the Secretary decides there was a mistake,

the Secretary shall publish the correction.

(f) LIMITATIONS ON STATUTORY CONSTRUCTION.—This section

may not be construed—

(1) to allow the operation on any segment of the Dwight

D. Eisenhower System of Interstate and Defense Highways

of a longer combination vehicle prohibited under section 127(d)

of title 23;

(2) to affect in any way the operation of a commercial

motor vehicle having only one property-carrying unit; or

(3) to affect in any way the operation in a State of a

commercial motor vehicle with more than one property-carrying

unit if the vehicle was in actual operation on a regular or

periodic basis (including seasonal operation) in that State before

June 2, 1991, that was authorized under State law or regulation

or lawful State permit.

(g) REGULATIONS.—(1) In carrying out this section only, the

Secretary shall define by regulation loads that cannot be dismantled

easily or divided easily. (2) Not later than June 15, 1992, the Secretary shall prescribe

regulations establishing criteria for a State to follow in making

minor adjustments under subsection (d) of this section.

§ 31113. Width limitations

(a) GENERAL LIMITATIONS.—(1) Except as provided in subsection

(e) of this section, a State (except Hawaii) may not prescribe or

enforce a regulation of commerce that imposes a vehicle width

limitation of more or less than 102 inches on a commercial motor

vehicle operating on—

(A) a segment of the Dwight D. Eisenhower System of

Interstate and Defense Highways (except a segment exempted

under subsection (e) of this section);

(B) a qualifying Federal-aid highway designated by the

Secretary of Transportation, with traffic lanes designed to be

at least 12 feet wide; or

(C) a qualifying Federal-aid Primary System highway designated by the Secretary if the Secretary decides the designation is consistent with highway safety.

(2) Notwithstanding paragraph (1) of this subsection, a State

may continue to enforce a regulation of commerce in effect on
H. R. 1758—254

April 6, 1983, that applies to a commercial motor vehicle of more

than 102 inches in width, until the date on which the State prescribes a regulation of commerce that complies with this subsection.

(3) A Federal-aid highway (except an interstate highway) not

designated under this subsection on June 5, 1984, may be designated under this subsection only with the agreement of the chief

executive officer of the State in which the highway is located.

(b) EXCLUSION OF SAFETY AND ENERGY CONSERVATION

DEVICES.—Width calculated under this section does not include

a safety or energy conservation device the Secretary decides is

necessary for safe and efficient operation of a commercial motor

vehicle.

(c) SPECIAL USE PERMITS.—A State may grant a special use

permit to a commercial motor vehicle that is more than 102 inches

in width.

(d) STATE ENFORCEMENT.—Consistent with this section, a State

may enforce a commercial motor vehicle width limitation of 102

inches on a segment of the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under

subsection (e) of this section) or other qualifying Federal-aid highway designated by the Secretary.

(e) EXEMPTIONS.—(1) If the chief executive officer of a State,

after consulting under paragraph (2) of this subsection, decides

a segment of the Dwight D. Eisenhower System of Interstate and

Defense Highways is not capable of safely accommodating a

commercial motor vehicle having the width provided in subsection

(a) of this section, the chief executive officer may notify the Secretary of that decision and request the Secretary to exempt that

segment from subsection (a) to allow the State to impose a width

limitation of less than 102 inches for a vehicle (except a bus)

on that segment. (2) Before making a decision under paragraph (1) of this subsection, the chief executive officer shall consult with units of local

government in the State in which the segment of the Dwight

D. Eisenhower System of Interstate and Defense Highways is

located and with the chief executive officer of any adjacent State

that may be directly affected by the exemption. As part of the

consultations, consideration shall be given to any potential alternative route that serves the area in which the segment is located

and can safely accommodate a commercial motor vehicle having

the width provided for in subsection (a) of this section.

(3) A chief executive officer’s notification under this subsection

must include specific evidence of safety problems supporting the

officer’s decision and the results of consultations about alternative

routes.

(4)(A) If the Secretary decides, on request of a chief executive

officer or on the Secretary’s own initiative, a segment of the Dwight

D. Eisenhower System of Interstate and Defense Highways is not

capable of safely accommodating a commercial motor vehicle having

a width provided in subsection (a) of this section, the Secretary

shall exempt the segment from subsection (a) to allow the State

to impose a width limitation of less than 102 inches for a vehicle

(except a bus) on that segment. Before making a decision under

this paragraph, the Secretary shall consider any possible alternative

route that serves the area in which the segment is located.

(B) The Secretary shall make a decision about a specific segment not later than 120 days after the date of receipt of notification
H. R. 1758—255

from a chief executive officer under paragraph (1) of this subsection

or the date on which the Secretary initiates action under subparagraph (A) of this paragraph, whichever is applicable. If the Secretary

finds the decision will not be made in time, the Secretary immediately shall notify Congress, giving the reasons for the delay,

information about the resources assigned, and the projected date

for the decision.

(C) Before making a decision, the Secretary shall give an

interested person notice and an opportunity for comment. If the

Secretary exempts a segment under this subsection before the final

regulations under subsection (a) of this section are prescribed, the

Secretary shall include the exemption as part of the final regulations. If the Secretary exempts the segment after the final regulations are prescribed, the Secretary shall publish the exemption

as an amendment to the final regulations.

§ 31114. Access to the Interstate System

(a) PROHIBITION ON DENYING ACCESS.—A State may not enact

or enforce a law denying to a commercial motor vehicle subject

to this subchapter or subchapter I of this chapter reasonable access

between—

(1) the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under section

31111(f) or 31113(e) of this title) and other qualifying Federalaid Primary System highways designated by the Secretary of

Transportation; and

(2) terminals, facilities for food, fuel, repairs, and rest,

and points of loading and unloading for household goods carriers, motor carriers of passengers, or any truck tractorsemitrailer combination in which the semitrailer has a length

of not more than 28.5 feet and that generally operates as

part of a vehicle combination described in section 31111(c)

of this title.

(b) EXCEPTION.—This section does not prevent a State or local

government from imposing reasonable restrictions, based on safety

considerations, on a truck tractor-semitrailer combination in which

the semitrailer has a length of not more than 28.5 feet and that

generally operates as part of a vehicle combination described in

section 31111(c) of this title.

§ 31115. Enforcement

On the request of the Secretary of Transportation, the Attorney

General shall bring a civil action for appropriate injunctive relief

to ensure compliance with this subchapter or subchapter I of this

chapter. The action may be brought in a district court of the

United States in any State in which the relief is required. On

a proper showing, the court shall issue a temporary restraining

order or preliminary or permanent injunction. An injunction under

this section may order a State or person to comply with this subchapter, subchapter I, or a regulation prescribed under this subchapter or subchapter I.

SUBCHAPTER III—SAFETY REGULATION

§ 31131. Purposes and findings

(a) PURPOSES.—The purposes of this subchapter are—
H. R. 1758—256

(1) to promote the safe operation of commercial motor

vehicles;

(2) to minimize dangers to the health of operators of

commercial motor vehicles and other employees whose employment directly affects motor carrier safety; and

(3) to ensure increased compliance with traffic laws and

with the commercial motor vehicle safety and health regulations

and standards prescribed and orders issued under this chapter.

(b) FINDINGS.—Congress finds—

(1) it is in the public interest to enhance commercial motor

vehicle safety and thereby reduce highway fatalities, injuries,

and property damage;

(2) improved, more uniform commercial motor vehicle

safety measures and strengthened enforcement would reduce

the number of fatalities and injuries and the level of property

damage related to commercial motor vehicle operations;

(3) enhanced protection of the health of commercial motor

vehicle operators is in the public interest; and

(4) interested State governments can provide valuable

assistance to the United States Government in ensuring that

commercial motor vehicle operations are conducted safely and

healthfully.

§ 31132. Definitions

In this subchapter—

(1) ‘‘commercial motor vehicle’’ means a self-propelled or

towed vehicle used on the highways in interstate commerce

to transport passengers or property, if the vehicle—

(A) has a gross vehicle weight rating of at least 10,001

pounds;

(B) is designed to transport more than 15 passengers

including the driver; or

(C) is used in transporting material found by the Secretary of Transportation to be hazardous under section

5103 of this title and transported in a quantity requiring

placarding under regulations prescribed by the Secretary

under section 5103.

(2) ‘‘employee’’ means an operator of a commercial motor

vehicle (including an independent contractor when operating

a commercial motor vehicle), a mechanic, a freight handler,

or an individual not an employer, who—

(A) directly affects commercial motor vehicle safety

in the course of employment; and

(B) is not an employee of the United States Government, a State, or a political subdivision of a State acting

in the course of the employment by the Government, a

State, or a political subdivision of a State.

(3) ‘‘employer’’—

(A) means a person engaged in a business affecting

interstate commerce that owns or leases a commercial

motor vehicle in connection with that business, or assigns

an employee to operate it; but

(B) does not include the Government, a State, or a

political subdivision of a State.

(4) ‘‘interstate commerce’’ means trade, traffic, or transportation in the United States between a place in a State and—
H. R. 1758—257

(A) a place outside that State (including a place outside

the United States); or

(B) another place in the same State through another

State or through a place outside the United States.

(5) ‘‘intrastate commerce’’ means trade, traffic, or transportation in a State that is not interstate commerce.

(6) ‘‘regulation’’ includes a standard or order.

(7) ‘‘State’’ means a State of the United States, the District

of Columbia, and, in sections 31136 and 31140–31142 of this

title, a political subdivision of a State.

(8) ‘‘State law’’ includes a law enacted by a political subdivision of a State.

(9) ‘‘State regulation’’ includes a regulation prescribed by

a political subdivision of a State.

(10) ‘‘United States’’ means the States of the United States

and the District of Columbia.

§ 31133. General powers of the Secretary of Transportation

(a) GENERAL.—In carrying out this subchapter and regulations

prescribed under section 31102 of this title, the Secretary of

Transportation may—

(1) conduct inspections and investigations;

(2) compile statistics;

(3) make reports;

(4) issue subpenas;

(5) require production of records and property;

(6) take depositions;

(7) hold hearings;

(8) prescribe recordkeeping and reporting requirements;

(9) conduct or make contracts for studies, development,

testing, evaluation, and training; and (10) perform other acts the Secretary considers appropriate. (b) CONSULTATION.—In conducting inspections and investiga- tions under subsection (a) of this section, the Secretary shall consult,

as appropriate, with employers and employees and their authorized

representatives and offer them a right of accompaniment. (c) DELEGATION.—The Secretary may delegate to a State receiving a grant under section 31102 of this title those duties and

powers related to enforcement (including conducting investigations)

of this subchapter and regulations prescribed under this subchapter

that the Secretary considers appropriate.

§ 31134. Commercial Motor Vehicle Safety Regulatory

Review Panel

(a) ESTABLISHMENT AND GENERAL DUTY.—The Secretary of

Transportation shall establish the Commercial Motor Vehicle Safety

Regulatory Review Panel. The Panel shall analyze and review State

laws and regulations under sections 31140 and 31141 of this title.

(b) SPECIFIC DUTIES.—The Panel shall—

(1) carry out those duties and powers designated to be

carried out by the Panel under sections 31140 and 31141 of

this title;

(2) conduct a study to—

(A) evaluate the need, if any, for additional assistance

from the United States Government to the States to enable

them to enforce the regulations prescribed by the Secretary

under section 31136 of this title; and
H. R. 1758—258

(B) decide on other methods of furthering the purposes

of this subchapter; and

(3) make recommendations to the Secretary based on the

results of the study conducted under clause (2) of this subsection.

(c) COMPOSITION, APPOINTMENT, AND TERMS.—(1) The Panel

shall be composed of 15 members as follows:

(A) the Secretary or the Secretary’s delegate.

(B) 7 individuals appointed by the Secretary from among

individuals who represent the interests of States and political

subdivisions of States and whose names have been submitted

to the Secretary by the Committee on Commerce, Science, and

Transportation of the Senate or the Committee on Public Works

and Transportation of the House of Representatives.

(C) 7 individuals appointed by the Secretary from among

individuals who represent the interests of business, consumer,

labor, and safety groups and whose names have been submitted

to the Secretary by the Committee on Commerce, Science, and

Transportation of the Senate or the Committee on Public Works

and Transportation of the House of Representatives.

(2) The Secretary shall select the individuals to be appointed

under this subsection on the basis of their knowledge, expertise,

or experience related to commercial motor vehicle safety. Half of

the appointments shall be made from names submitted by the

Committee on Commerce, Science, and Transportation of the Senate, and the other half from names submitted by the Committee

on Public Works and Transportation of the House of Representatives. Each of these committees shall submit to the Secretary the

names of 20 individuals qualified to serve on the Panel.

(3) The term of each member of the Panel appointed under

paragraph (1)(B) and (C) of this subsection is 7 years.

(4) A vacancy on the Panel shall be filled in the way the

original appointment was made. The vacancy does not affect the

Panel’s powers.

(d) CHAIRMAN, QUORUM, MEETINGS, AND PAY.—(1) The Secretary is the Chairman of the Panel.

(2) Eight members of the Panel are a quorum, but the Panel

may establish a lesser number as a quorum to hold hearings,

take testimony, and receive evidence.

(3) The Panel shall meet at the call of the Chairman or a

majority of its members.

(4) Members of the Panel shall serve without pay, except that

they shall receive expenses under section 5703 of title 5.

(e) PERSONNEL, OFFICE SPACE, AND SUPPORT SERVICES.—On

request of the Panel, the Secretary shall—

(1) detail personnel of the Department of Transportation

to the Panel as necessary to assist the Panel in carrying out

its duties and powers; and

(2) provide office space, supplies, equipment, and other

support services to the Panel as necessary for the Panel to

carry out its duties and powers.

(f) HEARINGS AND OTHER ACTIONS.—To carry out the duties

and powers of the Panel under this subchapter, the Panel or any

member authorized by the Panel may hold hearings, sit and act

at times and places, take testimony, and take other actions the

Panel or the member considers advisable. A member of the Panel
H. R. 1758—259

may administer oaths to witnesses appearing before the Panel

or the member.

(g) TEMPORARY AND INTERMITTENT SERVICES.—Subject to regulations the Panel may prescribe, the Chairman may procure the

temporary or intermittent services of experts or consultants under

section 3109 of title 5.

§ 31135. Duties of employers and employees

Each employer and employee shall comply with regulations

on commercial motor vehicle safety prescribed by the Secretary

of Transportation under this subchapter that apply to the employer’s

or employee’s conduct.

§ 31136. United States Government regulations

(a) MINIMUM SAFETY STANDARDS.—Subject to section 30103(a)

of this title, the Secretary of Transportation shall prescribe regulations on commercial motor vehicle safety. The regulations shall

prescribe minimum safety standards for commercial motor vehicles.

At a minimum, the regulations shall ensure that—

(1) commercial motor vehicles are maintained, equipped,

loaded, and operated safely;

(2) the responsibilities imposed on operators of commercial

motor vehicles do not impair their ability to operate the vehicles

safely;

(3) the physical condition of operators of commercial motor

vehicles is adequate to enable them to operate the vehicles

safely; and

(4) the operation of commercial motor vehicles does not

have a deleterious effect on the physical condition of the

operators.

(b) ELIMINATING AND AMENDING EXISTING REGULATIONS.—The

Secretary may not eliminate or amend an existing motor carrier

safety regulation related only to the maintenance, equipment, loading, or operation (including routing) of vehicles carrying material

found to be hazardous under section 5103 of this title until an

equivalent or more stringent regulation has been prescribed under

section 5103.

(c) PROCEDURES AND CONSIDERATIONS.—(1) A regulation under this section shall be prescribed under section 553 of title 5 (without

regard to sections 556 and 557 of title 5). (2) Before prescribing regulations under this section, the Secretary shall consider, to the extent practicable and consistent with

the purposes of this chapter—

(A) costs and benefits; and

(B) State laws and regulations on commercial motor vehicle

safety, to minimize their unnecessary preemption.

(d) EFFECT OF EXISTING REGULATIONS.—If the Secretary does

not prescribe regulations on commercial motor vehicle safety under

this section, regulations on commercial motor vehicle safety prescribed by the Secretary before October 30, 1984, and in effect

on October 30, 1984, shall be deemed in this subchapter to be

regulations prescribed by the Secretary under this section.

(e) WAIVERS.—After notice and an opportunity for comment,

the Secretary may waive any part of a regulation prescribed under

this section as it applies to a person or class of persons, if the

Secretary decides that the waiver is consistent with the public

interest and the safe operation of commercial motor vehicles. Under
H. R. 1758—260

this subsection, the Secretary shall waive the regulations prescribed

under this section as they apply to schoolbuses (as defined in

section 30125(a) of this title) unless the Secretary decides that

making the regulations applicable to schoolbuses is necessary for

public safety, considering all laws of the United States and States

applicable to schoolbuses. A waiver under this subsection shall

be published in the Federal Register, with the reasons for the

waiver.

(f) LIMITATIONS ON MUNICIPALITY AND COMMERCIAL ZONE

EXEMPTIONS AND WAIVERS.—(1) The Secretary may not—

(A) exempt a person or commercial motor vehicle from

a regulation related to commercial motor vehicle safety only

because the operations of the person or vehicle are entirely

in a municipality or commercial zone of a municipality; or

(B) waive application to a person or commercial motor

vehicle of a regulation related to commercial motor vehicle

safety only because the operations of the person or vehicle

are entirely in a municipality or commercial zone of a municipality.

(2) If a person was authorized to operate a commercial motor

vehicle in a municipality or commercial zone of a municipality

in the United States for the entire period from November 19,

1987, through November 18, 1988, and if the person is otherwise

qualified to operate a commercial motor vehicle, the person may

operate a commercial motor vehicle entirely in a municipality or

commercial zone of a municipality notwithstanding—

(A) paragraph (1) of this subsection;

(B) a minimum age requirement of the United States

Government for operation of the vehicle; and

(C) a medical or physical condition that—

(i) would prevent an operator from operating a commercial motor vehicle under the commercial motor vehicle

safety regulations in title 49, Code of Federal Regulations;

(ii) existed on July 1, 1988;

(iii) has not substantially worsened; and

(iv) does not involve alcohol or drug abuse.

(3) This subsection does not affect a State commercial motor

vehicle safety law applicable to intrastate commerce.

§ 31137. Monitoring device and brake maintenance regulations

(a) USE OF MONITORING DEVICES.—If the Secretary of Transportation prescribes a regulation about the use of monitoring devices

on commercial motor vehicles to increase compliance by operators

of the vehicles with hours of service regulations of the Secretary,

the regulation shall ensure that the devices are not used to harass

vehicle operators. However, the devices may be used to monitor

productivity of the operators.

(b) BRAKES AND BRAKE SYSTEMS MAINTENANCE REGULATIONS.—

Not later than December 31, 1990, the Secretary shall prescribe

regulations on improved standards or methods to ensure that brakes

and brake systems of commercial motor vehicles are maintained

properly and inspected by appropriate employees. At a minimum,

the regulations shall establish minimum training requirements and

qualifications for employees responsible for maintaining and

inspecting the brakes and brake systems.
H. R. 1758—261

§ 31138. Minimum financial responsibility for transporting

passengers

(a) GENERAL REQUIREMENT.—The Secretary of Transportation shall prescribe regulations to require minimum levels of financial

responsibility sufficient to satisfy liability amounts established by

the Secretary covering public liability and property damage for

the transportation of passengers for compensation by motor vehicle

in the United States between a place in a State and— (1) a place in another State;

(2) another place in the same State through a place outside of that State; or

(3) a place outside the United States. (b) MINIMUM AMOUNTS.—The level of financial responsibility established under subsection (a) of this section for a motor vehicle

with a seating capacity of— (1) at least 16 passengers shall be at least $5,000,000; and

(2) not more than 15 passengers shall be at least $1,500,000.

(c) EVIDENCE OF FINANCIAL RESPONSIBILITY.—(1) Subject to paragraph (2) of this subsection, financial responsibility may be

established by evidence of one or a combination of the following

if acceptable to the Secretary of Transportation: (A) insurance, including high self-retention.

(B) a guarantee.

(C) a surety bond issued by a bonding company authorized to do business in the United States.

(2) A person domiciled in a country contiguous to the United States and providing transportation to which a minimum level

of financial responsibility under this section applies shall have

evidence of financial responsibility in the motor vehicle when the

person is providing the transportation. If evidence of financial

responsibility is not in the vehicle, the Secretary of Transportation

and the Secretary of the Treasury shall deny entry of the vehicle

into the United States.

(d) CIVIL PENALTY.—(1) If, after notice and an opportunity for a hearing, the Secretary of Transportation finds that a person

(except an employee acting without knowledge) has knowingly violated this section or a regulation prescribed under this section,

the person is liable to the United States Government for a civil

penalty of not more than $10,000 for each violation. A separate

violation occurs for each day the violation continues.

(2) The Secretary of Transportation shall impose the penalty

by written notice. In determining the amount of the penalty, the

Secretary shall consider—

(A) the nature, circumstances, extent, and gravity of the

violation;

(B) with respect to the violator, the degree of culpability,

any history of prior violations, the ability to pay, and any

effect on the ability to continue doing business; and

(C) other matters that justice requires.

(3) The Secretary of Transportation may compromise the penalty before referring the matter to the Attorney General for

collection.

(4) The Attorney General shall bring a civil action in an appropriate district court of the United States to collect a penalty referred

to the Attorney General for collection under this subsection.
H. R. 1758—262

(5) The amount of the penalty may be deducted from amounts

the Government owes the person. An amount collected under this

section shall be deposited in the Treasury as miscellaneous receipts.

(e) NONAPPLICATION.—This section does not apply to a motor

vehicle—

(1) transporting only school children and teachers to or

from school;

(2) providing taxicab service, having a seating capacity

of not more than 6 passengers, and not being operated on

a regular route or between specified places; or

(3) carrying not more than 15 individuals in a single,

daily round trip to and from work.

§ 31139. Minimum financial responsibility for transporting

property

(a) DEFINITIONS.—In this section—

(1) ‘‘farm vehicle’’ means a vehicle—

(A) designed or adapted and used only for agriculture;

(B) operated by a motor private carrier (as defined

in section 10102 of this title); and

(C) operated only incidentally on highways.

(2) ‘‘interstate commerce’’ includes transportation between

a place in a State and a place outside the United States,

to the extent the transportation is in the United States.

(3) ‘‘State’’ means a State of the United States, the District

of Columbia, Puerto Rico, the Virgin Islands, American Samoa,

Guam, and the Northern Mariana Islands.

(b) GENERAL REQUIREMENT AND MINIMUM AMOUNT.—(1) The

Secretary of Transportation shall prescribe regulations to require

minimum levels of financial responsibility sufficient to satisfy liability amounts established by the Secretary covering public liability,

property damage, and environmental restoration for the transportation of property for compensation by motor vehicle in the United

States between a place in a State and—

(A) a place in another State;

(B) another place in the same State through a place outside

of that State; or

(C) a place outside the United States.

(2) The level of financial responsibility established under para- graph (1) of this subsection shall be at least $750,000. (c) REQUIREMENTS FOR HAZARDOUS MATTER AND OIL.—(1) The

Secretary of Transportation shall prescribe regulations to require

minimum levels of financial responsibility sufficient to satisfy liability amounts established by the Secretary covering public liability,

property damage, and environmental restoration for the transportation by motor vehicle in interstate or intrastate commerce of—

(A) hazardous material (as defined by the Secretary);

(B) oil or hazardous substances (as defined by the Administrator of the Environmental Protection Agency); or

(C) hazardous wastes (as defined by the Administrator).

(2)(A) Except as provided in subparagraph (B) of this paragraph, the level of financial responsibility established under paragraph (1) of this subsection shall be at least $5,000,000 for the

transportation—

(i) of hazardous substances (as defined by the Administrator) in cargo tanks, portable tanks, or hopper-type vehicles,

with capacities of more than 3,500 water gallons;
H. R. 1758—263

(ii) in bulk of class A explosives, poison gas, liquefied

gas, or compressed gas; or

(iii) of large quantities of radioactive material.

(B) The Secretary of Transportation by regulation may reduce

the minimum level in subparagraph (A) of this paragraph (to an

amount not less than $1,000,000) for transportation described in

subparagraph (A) in any of the territories of Puerto Rico, the

Virgin Islands, American Samoa, Guam, and the Northern Mariana

Islands if—

(i) the chief executive officer of the territory requests the

reduction;

(ii) the reduction will prevent a serious disruption in

transportation service and will not adversely affect public

safety; and

(iii) insurance of $5,000,000 is not readily available.

(3) The level of financial responsibility established under paragraph (1) of this subsection for the transportation of a material,

oil, substance, or waste not subject to paragraph (2) of this subsection shall be at least $1,000,000. However, if the Secretary

of Transportation finds it will not adversely affect public safety,

the Secretary by regulation may reduce the amount for—

(A) a class of vehicles transporting such a material, oil,

substance, or waste in intrastate commerce (except in bulk);

and

(B) a farm vehicle transporting such a material or substance in interstate commerce (except in bulk).

(d) FOREIGN MOTOR CARRIERS AND PRIVATE CARRIERS.—Regulations prescribed under this section may allow foreign motor carriers

and foreign motor private carriers (as those terms are defined

in section 10530 of this title) providing transportation of property

under a certificate of registration issued under section 10530 to

meet the minimum levels of financial responsibility under this

section only when those carriers are providing transportation for

property in the United States.

(e) EVIDENCE OF FINANCIAL RESPONSIBILITY.—(1) Subject to

paragraph (2) of this subsection, financial responsibility may be

established by evidence of one or a combination of the following

if acceptable to the Secretary of Transportation:

(A) insurance.

(B) a guarantee.

(C) a surety bond issued by a bonding company authorized

to do business in the United States.

(D) qualification as a self-insurer.

(2) A person domiciled in a country contiguous to the United

States and providing transportation to which a minimum level

of financial responsibility under this section applies shall have

evidence of financial responsibility in the motor vehicle when the

person is providing the transportation. If evidence of financial

responsibility is not in the vehicle, the Secretary of Transportation

and the Secretary of the Treasury shall deny entry of the vehicle

into the United States.

(f) CIVIL PENALTY.—(1) If, after notice and an opportunity for

a hearing, the Secretary of Transportation finds that a person

(except an employee acting without knowledge) has knowingly violated this section or a regulation prescribed under this section,

the person is liable to the United States Government for a civil
H. R. 1758—264

penalty of not more than $10,000 for each violation. A separate

violation occurs for each day the violation continues.

(2) The Secretary of Transportation shall impose the penalty

by written notice. In determining the amount of the penalty, the

Secretary shall consider—

(A) the nature, circumstances, extent, and gravity of the

violation;

(B) with respect to the violator, the degree of culpability,

any history of prior violations, the ability to pay, and any

effect on the ability to continue doing business; and

(C) other matters that justice requires.

(3) The Secretary of Transportation may compromise the penalty before referring the matter to the Attorney General for

collection.

(4) The Attorney General shall bring a civil action in an appropriate district court of the United States to collect a penalty referred

to the Attorney General for collection under this subsection.

(5) The amount of the penalty may be deducted from amounts

the Government owes the person. An amount collected under this

section shall be deposited in the Treasury as miscellaneous receipts.

(g) NONAPPLICATION.—This section does not apply to a motor

vehicle having a gross vehicle weight rating of less than 10,000

pounds if the vehicle is not used to transport in interstate or

foreign commerce—

(1) class A or B explosives;

(2) poison gas; or

(3) a large quantity of radioactive material.

§ 31140. Submission of State laws and regulations for review

(a) GENERAL.—A State that enacts a State law or issues a

regulation on commercial motor vehicle safety shall submit a copy

of the law or regulation to the Secretary of Transportation and

the Commercial Motor Vehicle Safety Regulatory Review Panel

immediately after the enactment or issuance. (b) ADDITIONAL INFORMATION.—As soon as practicable but not

later than a date the Panel may establish, a State that submits

a State law or regulation under this section to the Panel shall— (1) indicate in writing to the Panel whether the law or

regulation—(A) has the same effect as a regulation prescribed

by the Secretary under section 31136 of this title; (B) is less stringent than that regulation; or

(C) is additional to or more stringent than that regulation; and

(2) submit to the Panel other information the Panel or

the Secretary may require to carry out this subchapter.

§ 31141. Review and preemption of State laws and regulations

(a) PREEMPTION AFTER DECISION.—A State may not enforce

a State law or regulation on commercial motor vehicle safety that

the Secretary of Transportation decides under this section may

not be enforced.

(b) ANALYSIS AND DECISIONS BY THE PANEL.—(1) The Commercial Motor Vehicle Safety Regulatory Review Panel annually shall

analyze State laws and regulations and decide which of those laws

and regulations are related to commercial motor vehicle safety.
H. R. 1758—265

(2) Not later than one year after the date the Secretary prescribes a regulation under section 31136 of this title or one year

after the date the Panel decides under paragraph (1) of this subsection that a State law or regulation is related to commercial

motor vehicle safety, whichever is later, the Panel shall—

(A) decide whether the State law or regulation—

(i) has the same effect as the regulation prescribed

by the Secretary;

(ii) is less stringent than that regulation; or

(iii) is additional to or more stringent than that regulation;

(B) decide, for each State law or regulation that the Panel

decides is additional to or more stringent than the regulation

prescribed by the Secretary, whether—

(i) the State law or regulation has no safety benefit;

(ii) the State law or regulation is incompatible with

the regulation prescribed by the Secretary; or

(iii) enforcement of the State law or regulation would

cause an unreasonable burden on interstate commerce; and

(C) notify the Secretary of the Panel’s decisions under

this subsection.

(c) REVIEW AND DECISIONS BY SECRETARY.—(1) The Secretary

shall review each State law and regulation on commercial motor

vehicle safety. Not later than 18 months after the date the Panel

notifies the Secretary of a decision under subsection (b) of this

section, the Secretary shall—

(A) conduct a regulatory proceeding to decide under this

subsection whether the State law or regulation may be enforced;

and

(B) prescribe a final regulation. (2) If the Secretary decides a State law or regulation has

the same effect as a regulation prescribed by the Secretary under

section 31136 of this title, the State law or regulation may be

enforced.

(3) If the Secretary decides a State law or regulation is less

stringent than a regulation prescribed by the Secretary under section 31136 of this title, the State law or regulation may not be

enforced.

(4) If the Secretary decides a State law or regulation is additional to or more stringent than a regulation prescribed by the

Secretary under section 31136 of this title, the State law or regulation may be enforced unless the Secretary also decides that— (A) the State law or regulation has no safety benefit;

(B) the State law or regulation is incompatible with the

regulation prescribed by the Secretary; or

(C) enforcement of the State law or regulation would cause

an unreasonable burden on interstate commerce.

(5)(A) In deciding about a State law or regulation under this

subsection, the Secretary shall give great weight to the corresponding decision made by the Panel about that law or regulation under

subsection (b) of this section.

(B) In deciding under paragraph (4) of this subsection whether

a State law or regulation will cause an unreasonable burden on

interstate commerce, the Secretary may consider the effect on interstate commerce of implementation of that law or regulation with

the implementation of all similar laws and regulations of other

States.
H. R. 1758—266

(d) WAIVERS.—(1) A person (including a State) may petition

the Secretary for a waiver of a decision of the Secretary that

a State law or regulation may not be enforced under this section.

The Secretary shall grant the waiver, as expeditiously as possible,

if the person demonstrates to the satisfaction of the Secretary

that the waiver is consistent with the public interest and the

safe operation of commercial motor vehicles.

(2) Before deciding whether to grant or deny a petition for

a waiver under this subsection, the Secretary shall give the petitioner an opportunity for a hearing on the record.

(e) CONSOLIDATING PROCEEDINGS.—The Secretary may consolidate regulatory proceedings under this section if the Secretary

decides that the consolidation will not adversely affect a party

to a proceeding.

(f) WRITTEN NOTICE OF DECISIONS.—Not later than 10 days

after making a decision under subsection (c) of this section that

a State law or regulation may not be enforced, the Secretary shall

give written notice to the State of that decision.

(g) JUDICIAL REVIEW AND VENUE.—(1) Not later than 60 days

after the Secretary makes a decision under subsection (c) of this

section, or grants or denies a petition for a waiver under subsection

(d) of this section, a person (including a State) adversely affected

by the decision, grant, or denial may file a petition for judicial

review. The petition may be filed in the court of appeals of the

United States for the District of Columbia Circuit or in the court

of appeals of the United States for the circuit in which the person

resides or has its principal place of business.

(2) The court has jurisdiction to review the decision, grant,

or denial and to grant appropriate relief, including interim relief,

as provided in chapter 7 of title 5.

(3) A judgment of a court under this subsection may be reviewed

only by the Supreme Court under section 1254 of title 28.

(4) The remedies provided for in this subsection are in addition

to other remedies provided by law.

(h) INITIATING REVIEW PROCEEDINGS.—To review a State law

or regulation on commercial motor vehicle safety under this section,

the Secretary may initiate a regulatory proceeding on the Secretary’s own initiative or on petition of an interested person (including a State).

§ 31142. Inspection of vehicles

(a) INSPECTION OF SAFETY EQUIPMENT.—On the instruction of

an authorized enforcement official of a State or of the United

States Government, a commercial motor vehicle is required to pass

an inspection of all safety equipment required under part 393

of title 49, Code of Federal Regulations.

(b) INSPECTION OF VEHICLES AND RECORD RETENTION.—The

Secretary of Transportation shall prescribe regulations on Government standards for inspection of commercial motor vehicles and

retention by employers of records of an inspection. The standards

shall provide for annual or more frequent inspections of a commercial motor vehicle unless the Secretary finds that another inspection

system is as effective as an annual or more frequent inspection

system. Regulations prescribed under this subsection are deemed

to be regulations prescribed under section 31136 of this title.
H. R. 1758—267

(c) PREEMPTION.—(1) Except as provided in paragraph (2) of

this subsection, this subchapter and section 31102 of this title

do not—

(A) prevent a State or voluntary group of States from

imposing more stringent standards for use in their own periodic

roadside inspection programs of commercial motor vehicles;

(B) prevent a State from enforcing a program for inspection

of commercial motor vehicles that the Secretary decides is

as effective as the Government standards prescribed under

subsection (b) of this section;

(C) prevent a State from enforcing a program for inspection

of commercial motor vehicles that meets the requirements for

membership in the Commercial Vehicle Safety Alliance, as

those requirements were in effect on October 30, 1984; or

(D) require a State that is enforcing a program described

in clause (B) or (C) of this paragraph to enforce a Government

standard prescribed under subsection (b) of this section or

to adopt a provision on inspection of commercial motor vehicles

in addition to that program to comply with the Government

standards.

(2) The Government standards prescribed under subsection (b)

of this section shall preempt a program of a State described in

paragraph (1)(C) of this subsection as the program applies to the

inspection of commercial motor vehicles in that State. The State

may not enforce the program if the Secretary—

(A) decides, after notice and an opportunity for a hearing,

that the State is not enforcing the program in a way that

achieves the objectives of this section; and

(B) after making a decision under clause (A) of this paragraph, provides the State with a 6-month period to improve

the enforcement of the program to achieve the objectives of

this section.

(d) INSPECTION TO BE ACCEPTED AS ADEQUATE IN ALL STATES.—

A periodic inspection of a commercial motor vehicle under the

Government standards prescribed under subsection (b) of this section or a program described in subsection (c)(1)(B) or (C) of this

section that is being enforced shall be recognized as adequate in

every State for the period of the inspection. This subsection does

not prohibit a State from making random inspections of commercial

motor vehicles.

(e) EFFECT OF GOVERNMENT STANDARDS.—The Government

standards prescribed under subsection (b) of this section may not

be enforced as the standards apply to the inspection of commercial

motor vehicles in a State enforcing a program described in subsection (c)(1)(B) or (C) of this section if the Secretary decides that

it is in the public interest and consistent with public safety for

the Government standards not to be enforced as they apply to

that inspection.

(f) APPLICATION OF STATE REGULATIONS TO GOVERNMENTLEASED VEHICLES AND OPERATORS.—A State receiving financial

assistance under section 31102 of this title in a fiscal year may

enforce in that fiscal year a regulation on commercial motor vehicle

safety adopted by the State as the regulation applies to commercial

motor vehicles and operators leased to the Government.
H. R. 1758—268

§ 31143. Investigating complaints and protecting complainants

(a) INVESTIGATING COMPLAINTS.—The Secretary of Transportation shall conduct a timely investigation of a nonfrivolous written

complaint alleging that a substantial violation of a regulation prescribed under this subchapter is occurring or has occurred within

the prior 60 days. The Secretary shall give the complainant timely

notice of the findings of the investigation. The Secretary is not

required to conduct separate investigations of duplicative complaints.

(b) PROTECTING COMPLAINANTS.—Notwithstanding section 552

of title 5, the Secretary may disclose the identity of a complainant

only if disclosure is necessary to prosecute a violation. If disclosure

becomes necessary, the Secretary shall take every practical means

within the Secretary’s authority to ensure that the complainant

is not subject to harassment, intimidation, disciplinary action,

discrimination, or financial loss because of the disclosure.

§ 31144. Safety fitness of owners and operators

(a) PROCEDURE.—(1) In cooperation with the Interstate Commerce Commission, the Secretary of Transportation shall prescribe

regulations establishing a procedure to decide on the safety fitness

of owners and operators of commercial motor vehicles, including

persons seeking new or additional operating authority as motor

carriers under sections 10922 and 10923 of this title. The procedure

shall include—

(A) specific initial and continuing requirements to be met

by the owners, operators, and persons to prove safety fitness;

(B) a means of deciding whether the owners, operators,

and persons meet the safety fitness requirements under clause

(A) of this paragraph; and

(C) specific time deadlines for action by the Secretary and

the Commission in making fitness decisions.

(2) Regulations prescribed under this subsection supersede all

regulations of the United States Government on safety fitness and

safety rating of motor carriers in effect on October 30, 1984.

(b) FINDINGS AND ACTION ON APPLICATIONS.—The Commission

shall—

(1) find an applicant for authority to operate as a motor

carrier unfit if the applicant does not meet the safety fitness

requirements established under subsection (a) of this section;

and

(2) deny the application.

§ 31145. Coordination of Governmental activities and paperwork

The Secretary of Transportation shall coordinate the activities

of departments, agencies, and instrumentalities of the United States

Government to ensure adequate protection of the safety and health

of operators of commercial motor vehicles. The Secretary shall

attempt to minimize paperwork burdens to ensure maximum

coordination and to avoid overlap and the imposition of unreasonable burdens on persons subject to regulations under this subchapter.
H. R. 1758—269

§ 31146. Relationship to other laws

Except as provided in section 31136(b) of this title, this subchapter and the regulations prescribed under this subchapter do

not affect chapter 51 of this title or a regulation prescribed under

chapter 51.

§ 31147. Limitations on authority

(a) TRAFFIC REGULATIONS.—This subchapter does not authorize

the Secretary of Transportation to prescribe traffic safety regulations or preempt State traffic regulations. However, the Secretary

may prescribe traffic regulations to the extent their subject matter

was regulated under parts 390–399 of title 49, Code of Federal

Regulations, on October 30, 1984. (b) REGULATING THE MANUFACTURING OF VEHICLES.—This subchapter does not authorize the Secretary to regulate the manufacture of commercial motor vehicles for any purpose, including fuel

economy, safety, or emission control.

SUBCHAPTER IV—MISCELLANEOUS

§ 31161. Procedures to ensure timely correction of safety vio- lations

(a) DEFINITION.—Section 31132(1) of this title applies to this

section.

(b) GENERAL.—Not later than August 3, 1991, the Secretary of Transportation shall prescribe regulations establishing procedures to ensure the proper and timely correction of commercial

motor vehicle safety violations noted during an inspection carried

out with money authorized under section 31104 of this title. (c) VERIFICATION PROGRAM.—The regulations shall establish a verification program for United States Government inspectors

and States participating under section 31102 of this title to ensure

that commercial motor vehicles and their operators found in violation of safety requirements have been brought into compliance

with those requirements. The regulations shall include— (1) a nationwide system for random reinspection of the commercial motor vehicles and their operators that have been

declared out-of-service because of those safety violations, with

the main purpose of the system being to verify that the violations have been corrected on a timely basis; (2) a program of accountability for correcting all safety violations that shall provide that— (A) the operator of a commercial motor vehicle for

which a safety violation has been noted shall be issued

a form prescribed by the Secretary;

(B) the person making the repairs necessary to correct

the violation shall certify on the form the making of repairs

and the date, location, and time of the repairs;

(C) the motor carrier responsible for the commercial

motor vehicle or operator shall certify on the form that,

based on the carrier’s knowledge, the repairs necessary

to correct the violation have been made; and

(D) appropriate State penalties shall be imposed for

a false statement on the form or a failure to return the

form to the appropriate State entity; and

(3) a system for ensuring that appropriate State penalties

are imposed for failure to correct any of those safety violations.
H. R. 1758—270

§ 31162. Compliance review priority

If the Secretary of Transportation identifies a pattern of violations of State or local traffic safety laws or regulations or commercial

motor vehicle safety regulations, standards, or orders among drivers

of commercial motor vehicles employed by a particular motor carrier, the Secretary or a State representative shall ensure that

the motor carrier receives a high priority for review of that carrier’s

compliance with applicable United States Government and State

commercial motor vehicle safety regulations.

CHAPTER 313—COMMERCIAL MOTOR VEHICLE

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. 31317. Procedure for prescribing regulations.

§ 31301. Definitions

In this chapter—

(1) ‘‘alcohol’’ has the same meaning given the term ‘‘alcoholic beverage’’ in section 158(c) of title 23.

(2) ‘‘commerce’’ means trade, traffic, and transportation—

(A) in the jurisdiction of the United States between

a place in a State and a place outside that State (including

a place outside the United States); or

(B) in the United States that affects trade, traffic,

and transportation described in subclause (A) of this clause.

(3) ‘‘commercial driver’s license’’ means a license issued

by a State to an individual authorizing the individual to operate

a class of commercial motor vehicles.

(4) ‘‘commercial motor vehicle’’ means a motor vehicle used

in commerce to transport passengers or property that—

(A) has a gross vehicle weight rating of at least 26,001

pounds or a lesser gross vehicle weight rating the Secretary

of Transportation prescribes by regulation, but not less

than a gross vehicle weight rating of 10,001 pounds;

(B) is designed to transport at least 16 passengers

including the driver; or

(C) is used to transport material found by the Secretary

to be hazardous under section 5103 of this title, except

that a vehicle shall not be included as a commercial motor

vehicle under this subclause if—

(i) the vehicle does not satisfy the weight requirements of subclause (A) of this clause;
H. R. 1758—271

(ii) the vehicle transporting material listed as

hazardous under section 306(a) of the Comprehensive

Environmental Response, Compensation, and Liability

Act of 1980 (42 U.S.C. 9656(a)) and not otherwise

regulated by the Secretary or transporting a consumer

commodity or limited quantity of hazardous material

as defined in section 171.8 of title 49, Code of Federal

Regulations; and

(iii) the Secretary does not deny the application

of this exception to the vehicle (individually or as part

of a class of motor vehicles) in the interest of safety.

(5) except in section 31306, ‘‘controlled substance’’ has the

same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C.

802).

(6) ‘‘driver’s license’’ means a license issued by a State

to an individual authorizing the individual to operate a motor

vehicle on highways.

(7) ‘‘employee’’ means an operator of a commercial motor

vehicle (including an independent contractor when operating

a commercial motor vehicle) who is employed by an employer.

(8) ‘‘employer’’ means a person (including the United States

Government, a State, or a political subdivision of a State)

that owns or leases a commercial motor vehicle or assigns

employees to operate a commercial motor vehicle.

(9) ‘‘felony’’ means an offense under a law of the United

States or a State that is punishable by death or imprisonment

for more than one year.

(10) ‘‘hazardous material’’ has the same meaning given

that term in section 5102 of this title.

(11) ‘‘motor vehicle’’ means a vehicle, machine, tractor,

trailer, or semitrailer propelled or drawn by mechanical power

and used on public streets, roads, or highways, but does not

include a vehicle, machine, tractor, trailer, or semitrailer operated only on a rail line or custom harvesting farm machinery.

(12) ‘‘serious traffic violation’’ means—

(A) excessive speeding, as defined by the Secretary

by regulation;

(B) reckless driving, as defined under State or local

law;

(C) a violation of a State or local law on motor vehicle

traffic control (except a parking violation) and involving

a fatality; and

(D) any other similar violation of a State or local law

on motor vehicle traffic control (except a parking violation)

that the Secretary designates by regulation as serious.

(13) ‘‘State’’ means a State of the United States and the

District of Columbia.

(14) ‘‘United States’’ means the States of the United States

and the District of Columbia.

§ 31302. Limitation on the number of driver’s licenses

An individual operating a commercial motor vehicle may have

only one driver’s license at any time, except during the 10-day

period beginning on the date the individual is issued a driver’s

license.
H. R. 1758—272

§ 31303. Notification requirements

(a) VIOLATIONS.—An individual operating a commercial motor vehicle, having a driver’s license issued by a State, and violating

a State or local law on motor vehicle traffic control (except a

parking violation) shall notify the individual’s employer of the violation. If the violation occurred in a State other than the issuing

State, the individual also shall notify a State official designated

by the issuing State. The notifications required by this subsection

shall be made not later than 30 days after the date the individual

is found to have committed the violation.

(b) REVOCATIONS, SUSPENSIONS, AND CANCELLATIONS.—An

employee who has a driver’s license revoked, suspended, or canceled

by a State, who loses the right to operate a commercial motor

vehicle in a State for any period, or who is disqualified from operating a commercial motor vehicle for any period, shall notify the

employee’s employer of the action not later than 30 days after

the date of the action.

(c) PREVIOUS EMPLOYMENT.—(1) Subject to paragraph (2) of this subsection, an individual applying for employment as an operator of a commercial motor vehicle shall notify the prospective

employer, at the time of the application, of any previous employment

as an operator of a commercial motor vehicle. (2) The Secretary of Transportation shall prescribe by regula- tion the period for which notice of previous employment must be

given under paragraph (1) of this subsection. However, the period

may not be less than the 10-year period ending on the date of

the application.

§ 31304. Employer responsibilities

An employer may not knowingly allow an employee to operate

a commercial motor vehicle in the United States during a period

in which the employee—

(1) has a driver’s license revoked, suspended, or canceled

by a State, has lost the right to operate a commercial motor

vehicle in a State, or has been disqualified from operating

a commercial motor vehicle; or

(2) has more than one driver’s license (except as allowed

under section 31302 of this title).

§ 31305. General driver fitness and testing

(a) MINIMUM STANDARDS FOR TESTING AND FITNESS.—The Secretary of Transportation shall prescribe regulations on minimum

standards for testing and ensuring the fitness of an individual

operating a commercial motor vehicle. The regulations—

(1) shall prescribe minimum standards for written and

driving tests of an individual operating a commercial motor

vehicle;

(2) shall require an individual who operates or will operate

a commercial motor vehicle to take a driving test in a vehicle

representative of the type of vehicle the individual operates

or will operate;

(3) shall prescribe minimum testing standards for the operation of a commercial motor vehicle and may prescribe different

minimum testing standards for different classes of commercial

motor vehicles;

(4) shall ensure that an individual taking the tests has

a working knowledge of—
H. R. 1758—273

(A) regulations on the safe operation of a commercial

motor vehicle prescribed by the Secretary and contained

in title 49, Code of Federal Regulations; and

(B) safety systems of the vehicle;

(5) shall ensure that an individual who operates or will

operate a commercial motor vehicle carrying a hazardous material—

(A) is qualified to operate the vehicle under regulations

on motor vehicle transportation of hazardous material prescribed under chapter 51 of this title; and

(B) has a working knowledge of—

(i) those regulations;

(ii) the handling of hazardous material;

(iii) the operation of emergency equipment used

in response to emergencies arising out of the transportation of hazardous material; and

(iv) appropriate response procedures to follow in

those emergencies;

(6) shall establish minimum scores for passing the tests;

(7) shall ensure that an individual taking the tests is

qualified to operate a commercial motor vehicle under regulations prescribed by the Secretary and contained in title 49,

Code of Federal Regulations, to the extent the regulations

apply to the individual; and

(8) may require—

(A) issuance of a certification of fitness to operate

a commercial motor vehicle to an individual passing the

tests; and

(B) the individual to have a copy of the certification

in the individual’s possession when the individual is operating a commercial motor vehicle. (b) REQUIREMENTS FOR OPERATING VEHICLES.—(1) Except as

provided in paragraph (2) of this subsection, an individual may

operate a commercial motor vehicle only if the individual has passed

written and driving tests to operate the vehicle that meet the

minimum standards prescribed by the Secretary under subsection

(a) of this section.

(2) The Secretary may prescribe regulations providing that

an individual may operate a commercial motor vehicle for not

more than 90 days if the individual— (A) passes a driving test for operating a commercial motor

vehicle that meets the minimum standards prescribed under

subsection (a) of this section; and

(B) has a driver’s license that is not suspended, revoked,

or canceled.

§ 31306. Alcohol and controlled substances testing

(a) DEFINITION.—In this section, ‘‘controlled substance’’ means

any substance under section 102 of the Comprehensive Drug Abuse

Prevention and Control Act of 1970 (21 U.S.C. 802) specified by

the Secretary of Transportation.

(b) TESTING PROGRAM FOR OPERATORS OF COMMERCIAL MOTOR

VEHICLES.—(1)(A) In the interest of commercial motor vehicle

safety, the Secretary of Transportation shall prescribe regulations

not later than October 28, 1992, that establish a program requiring

motor carriers to conduct preemployment, reasonable suspicion,

random, and post-accident testing of operators of commercial motor
H. R. 1758—274

vehicles for the use of alcohol or a controlled substance in violation

of law or a United States Government regulation.

(B) When the Secretary of Transportation considers it appropriate in the interest of safety, the Secretary may prescribe regulations for conducting periodic recurring testing of operators of

commercial motor vehicles for the use of alcohol or a controlled

substance in violation of law or a Government regulation.

(2) In prescribing regulations under this subsection, the Secretary of Transportation—

(A) shall require that post-accident testing of an operator

of a commercial motor vehicle be conducted when loss of human

life occurs in an accident involving a commercial motor vehicle;

and

(B) may require that post-accident testing of such an operator be conducted when bodily injury or significant property

damage occurs in any other serious accident involving a

commercial motor vehicle.

(c) TESTING AND LABORATORY REQUIREMENTS.—In carrying out

subsection (b) of this section, the Secretary of Transportation shall

develop requirements that shall—

(1) promote, to the maximum extent practicable, individual

privacy in the collection of specimens;

(2) for laboratories and testing procedures for controlled

substances, incorporate the Department of Health and Human

Services scientific and technical guidelines dated April 11, 1988,

and any amendments to those guidelines, including mandatory

guidelines establishing—

(A) comprehensive standards for every aspect of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this section, including

standards requiring the use of the best available technology

to ensure the complete reliability and accuracy of controlled

substances tests and strict procedures governing the chain

of custody of specimens collected for controlled substances

testing; (B) the minimum list of controlled substances for which

individuals may be tested; and (C) appropriate standards and procedures for periodic

review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled

substances testing in carrying out this section;

(3) require that a laboratory involved in testing under

this section have the capability and facility, at the laboratory,

of performing screening and confirmation tests; (4) provide that any test indicating the use of alcohol

or a controlled substance in violation of law or a Government

regulation be confirmed by a scientifically recognized method

of testing capable of providing quantitative information about

alcohol or a controlled substance;

(5) provide that each specimen be subdivided, secured,

and labeled in the presence of the tested individual and that

a part of the specimen be retained in a secure manner to

prevent the possibility of tampering, so that if the individual’s

confirmation test results are positive the individual has an

opportunity to have the retained part tested by a 2d confirmation test done independently at another certified laboratory

if the individual requests the 2d confirmation test not later
H. R. 1758—275

than 3 days after being advised of the results of the first

confirmation test;

(6) ensure appropriate safeguards for testing to detect and

quantify alcohol in breath and body fluid samples, including

urine and blood, through the development of regulations that

may be necessary and in consultation with the Secretary of

Health and Human Services;

(7) provide for the confidentiality of test results and medical

information (except information about alcohol or a controlled

substance) of employees, except that this clause does not prevent the use of test results for the orderly imposition of appropriate sanctions under this section; and

(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee

is harassed by being treated differently from other employees

in similar circumstances.

(d) TESTING AS PART OF MEDICAL EXAMINATION.—The Secretary

of Transportation may provide that testing under subsection (a)

of this section for operators subject to subpart E of part 391 of

title 49, Code of Federal Regulations, be conducted as part of

the medical examination required under that subpart.

(e) REHABILITATION.—The Secretary of Transportation shall

prescribe regulations establishing requirements for rehabilitation

programs that provide for the identification and opportunity for

treatment of operators of commercial motor vehicles who are found

to have used alcohol or a controlled substance in violation of law

or a Government regulation. The Secretary shall decide on the

circumstances under which those operators shall be required to

participate in a program. This section does not prevent a motor

carrier from establishing a program under this section in cooperation with another motor carrier.

(f) SANCTIONS.—The Secretary of Transportation shall decide

on appropriate sanctions for a commercial motor vehicle operator

who is found, based on tests conducted and confirmed under this

section, to have used alcohol or a controlled substance in violation

of law or a Government regulation but who is not under the influence of alcohol or a controlled substance as provided in this chapter.

(g) EFFECT ON STATE AND LOCAL GOVERNMENT REGULATIONS.—

A State or local government may not prescribe or continue in

effect a law, regulation, standard, or order that is inconsistent

with regulations prescribed under this section. However, a regulation prescribed under this section may not be construed to preempt

a State criminal law that imposes sanctions for reckless conduct

leading to loss of life, injury, or damage to property.

(h) INTERNATIONAL OBLIGATIONS AND FOREIGN LAWS.—In

prescribing regulations under this section, the Secretary of

Transportation—

(1) shall establish only requirements that are consistent

with international obligations of the United States; and

(2) shall consider applicable laws and regulations of foreign

countries.

(i) OTHER REGULATIONS ALLOWED.—This section does not prevent the Secretary of Transportation from continuing in effect,

amending, or further supplementing a regulation prescribed before

October 28, 1991, governing the use of alcohol or a controlled

substance by commercial motor vehicle employees.
H. R. 1758—276

(j) APPLICATION OF PENALTIES.—This section does not supersede

a penalty applicable to an operator of a commercial motor vehicle

under this chapter or another law.

§ 31307. Minimum training requirements for operators of

longer combination vehicles

(a) DEFINITION.—In this section, ‘‘longer combination vehicle’’

means a vehicle consisting of a truck tractor and more than one

trailer or semitrailer that operates on the Dwight D. Eisenhower

System of Interstate and Defense Highways with a gross vehicle

weight of more than 80,000 pounds.

(b) REQUIREMENTS.—Not later than December 18, 1994, the

Secretary of Transportation shall prescribe regulations establishing

minimum training requirements for operators of longer combination

vehicles. The training shall include certification of an operator’s

proficiency by an instructor who has met the requirements established by the Secretary.

§ 31308. Commercial driver’s license

After consultation with the States, the Secretary of Transportation shall prescribe regulations on minimum uniform standards

for the issuance of commercial drivers’ licenses by the States and

for information to be contained on each of the licenses. The standards shall require at a minimum that—

(1) an individual issued a commercial driver’s license pass

written and driving tests for the operation of a commercial

motor vehicle that comply with the minimum standards prescribed by the Secretary under section 31305(a) of this title; (2) the license be tamperproof to the maximum extent

practicable; and

(3) the license contain—

(A) the name and address of the individual issued

the license and a physical description of the individual; (B) the social security account number or other number

or information the Secretary decides is appropriate to identify the individual; (C) the class or type of commercial motor vehicle the

individual is authorized to operate under the license;

(D) the name of the State that issued the license;

and

(E) the dates between which the license is valid.

§ 31309. Commercial driver’s license information system

(a) GENERAL REQUIREMENT.—The Secretary of Transportation shall make an agreement under subsection (b) of this section for

the operation of, or establish under subsection (c) of this section,

an information system that will serve as a clearinghouse and depository of information about the licensing, identification, and disqualification of operators of commercial motor vehicles. The Secretary

shall consult with the States in carrying out this section.

(b) STATE AGREEMENTS.—If the Secretary decides that an

information system used by a State or States about the driving

status of operators of motor vehicles or another State-operated

information system could be used to carry out this section, and

the State or States agree to the use of the system for carrying

out this section, the Secretary may make an agreement with the

State or States to use the system as provided in this section and
H. R. 1758—277

section 31311(c) of this title. An agreement made under this subsection shall contain terms the Secretary considers necessary to

carry out this chapter.

(c) ESTABLISHMENT BY SECRETARY.—If the Secretary does not

make an agreement under subsection (b) of this section, the Secretary shall establish an information system about the driving

status and licensing of operators of commercial motor vehicles as

provided in this section.

(d) CONTENTS.—(1) At a minimum, the information system

under this section shall include for each operator of a commercial

motor vehicle—

(A) information the Secretary considers appropriate to

ensure identification of the operator;

(B) the name, address, and physical description of the

operator;

(C) the social security account number of the operator

or other number or information the Secretary considers appropriate to identify the operator;

(D) the name of the State that issued the license to the

operator;

(E) the dates between which the license is valid; and

(F) whether the operator had a commercial motor vehicle

driver’s license revoked, suspended, or canceled by a State,

lost the right to operate a commercial motor vehicle in a State

for any period, or has been disqualified from operating a

commercial motor vehicle.

(2) Not later than December 31, 1990, the Secretary shall

prescribe regulations on minimum uniform standards for a

biometric identification system to ensure the identification of operators of commercial motor vehicles.

(e) AVAILABILITY OF INFORMATION.—(1) On request of a State,

the Secretary or the operator of the information system, as the

case may be, may make available to the State information in

the information system under this section.

(2) On request of an employee, the Secretary or the operator

of the information system, as the case may be, may make available

to the employee information in the information system about the

employee.

(3) On request of an employer or prospective employer of an

employee and after notification to the employee, the Secretary or

the operator of the information system, as the case may be, may

make available to the employer or prospective employer information

in the information system about the employee.

(4) On the request of the Secretary, the operator of the information system shall make available to the Secretary information about

the driving status and licensing of operators of commercial motor

vehicles (including information required by subsection (d)(1) of this

section).

(f) FEE SYSTEM.—If the Secretary establishes an information

system under this section, the Secretary shall establish a fee system

for using the information system. Fees collected under this subsection in a fiscal year shall equal as nearly as possible the costs

of operating the information system in that fiscal year. The Secretary shall deposit fees collected under this subsection in the

Highway Trust Fund (except the Mass Transit Account).
H. R. 1758—278

§ 31310. Disqualifications

(a) BLOOD ALCOHOL CONCENTRATION LEVEL.—In this section,

the blood alcohol concentration level at or above which an individual

when operating a commercial motor vehicle is deemed to be driving

under the influence of alcohol is .04 percent. (b) FIRST VIOLATION OR COMMITTING FELONY.—(1) Except as provided in paragraph (2) of this subsection and subsection (c)

of this section, the Secretary of Transportation shall disqualify

from operating a commercial motor vehicle for at least one year

an individual—

(A) committing a first violation of driving a commercial motor vehicle under the influence of alcohol or a controlled

substance;

(B) committing a first violation of leaving the scene of an accident involving a commercial motor vehicle operated by

the individual; or

(C) using a commercial motor vehicle in committing a felony (except a felony described in subsection (d) of this section).

(2) If the vehicle involved in a violation referred to in paragraph (1) of this subsection is transporting hazardous material required

to be placarded under section 5103 of this title, the Secretary

shall disqualify the individual for at least 3 years. (c) SECOND AND MULTIPLE VIOLATIONS.—(1) Subject to para- graph (2) of this subsection, the Secretary shall disqualify from

operating a commercial motor vehicle for life an individual— (A) committing more than one violation of driving a commercial motor vehicle under the influence of alcohol or

a controlled substance;

(B) committing more than one violation of leaving the scene of an accident involving a commercial motor vehicle operated

by the individual; (C) using a commercial motor vehicle in committing more than one felony arising out of different criminal episodes; or (D) committing any combination of single violations or use described in clauses (A)–(C) of this paragraph.

(2) The Secretary may prescribe regulations establishing guide- lines (including conditions) under which a disqualification for life

under paragraph (1) of this subsection may be reduced to a period

of not less than 10 years. (d) CONTROLLED SUBSTANCE VIOLATIONS.—The Secretary shall disqualify from operating a commercial motor vehicle for life an

individual who uses a commercial motor vehicle in committing

a felony involving manufacturing, distributing, or dispensing a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance.

(e) SERIOUS TRAFFIC VIOLATIONS.—(1) The Secretary shall disqualify from operating a commercial motor vehicle for at least

60 days an individual who, in a 3-year period, commits 2 serious

traffic violations involving a commercial motor vehicle operated

by the individual.

(2) The Secretary shall disqualify from operating a commercial

motor vehicle for at least 120 days an individual who, in a 3-

year period, commits 3 serious traffic violations involving a commercial motor vehicle operated by the individual.

(f) STATE DISQUALIFICATION.—Notwithstanding subsections (b)–

(e) of this section, the Secretary does not have to disqualify an

individual from operating a commercial motor vehicle if the State
H. R. 1758—279

that issued the individual a license authorizing the operation has

disqualified the individual from operating a commercial motor

vehicle under subsections (b)–(e). Revocation, suspension, or cancellation of the license is deemed to be disqualification under this

subsection.

(g) OUT-OF-SERVICE ORDERS.—(1)(A) To enforce section 392.5

of title 49, Code of Federal Regulations, the Secretary shall prescribe

regulations establishing and enforcing an out-of-service period of

24 hours for an individual who violates section 392.5. An individual

may not violate an out-of-service order issued under those regulations.

(B) The Secretary shall prescribe regulations establishing and

enforcing requirements for reporting out-of-service orders issued

under regulations prescribed under subparagraph (A) of this paragraph. Regulations prescribed under this subparagraph shall

require at least that an operator of a commercial motor vehicle

who is issued an out-of-service order to report the issuance to

the individual’s employer and to the State that issued the operator

a driver’s license.

(2) Not later than December 18, 1992, the Secretary shall

prescribe regulations establishing sanctions and penalties related

to violations of out-of-service orders by individuals operating

commercial motor vehicles. The regulations shall require at least

that—

(A) an operator of a commercial motor vehicle found to

have committed a first violation of an out-of-service order shall

be disqualified from operating such a vehicle for at least 90

days and liable for a civil penalty of at least $1,000;

(B) an operator of a commercial motor vehicle found to

have committed a 2d violation of an out-of-service order shall

be disqualified from operating such a vehicle for at least one

year and not more than 5 years and liable for a civil penalty

of at least $1,000; and

(C) an employer that knowingly allows or requires an

employee to operate a commercial motor vehicle in violation

of an out-of-service order shall be liable for a civil penalty

of not more than $10,000.

§ 31311. Requirements for State participation

(a) GENERAL.—To avoid having amounts withheld from apportionment under section 31314 of this title, a State shall comply

with the following requirements:

(1) The State shall adopt and carry out a program for

testing and ensuring the fitness of individuals to operate

commercial motor vehicles consistent with the minimum standards prescribed by the Secretary of Transportation under section 31305(a) of this title.

(2) The State may issue a commercial driver’s license to

an individual only if the individual passes written and driving

tests for the operation of a commercial motor vehicle that

comply with the minimum standards.

(3) The State shall have in effect and enforce a law providing that an individual with a blood alcohol concentration level

at or above the level established by section 31310(a) of this

title when operating a commercial motor vehicle is deemed

to be driving under the influence of alcohol.
H. R. 1758—280

(4) The State shall authorize an individual to operate a

commercial motor vehicle only by issuing a commercial driver’s

license containing the information described in section 31308(3)

of this title.

(5) At least 60 days before issuing a commercial driver’s

license (or a shorter period the Secretary prescribes by regulation), the State shall notify the Secretary or the operator of

the information system under section 31309 of this title, as

the case may be, of the proposed issuance of the license and

other information the Secretary may require to ensure identification of the individual applying for the license.

(6) Before issuing a commercial driver’s license to an

individual, the State shall request from any other State that

has issued a commercial driver’s license to the individual all

information about the driving record of the individual.

(7) Not later than 30 days after issuing a commercial

driver’s license, the State shall notify the Secretary or the

operator of the information system under section 31309 of this

title, as the case may be, of the issuance.

(8) Not later than 10 days after disqualifying the holder

of a commercial driver’s license from operating a commercial

motor vehicle (or after revoking, suspending, or canceling the

license) for at least 60 days, the State shall notify the Secretary

or the operator of the information system under section 31309

of this title, as the case may be, and the State that issued

the license, of the disqualification, revocation, suspension, or

cancellation.

(9) If an individual operating a commercial motor vehicle

violates a State or local law on motor vehicle traffic control

(except a parking violation) and the individual has a driver’s

license issued by another State, the State in which the violation

occurred shall notify a State official designated by the issuing

State of the violation not later than 10 days after the date

the individual is found to have committed the violation.

(10) The State may not issue a commercial driver’s license

to an individual during a period in which the individual is

disqualified from operating a commercial motor vehicle or the

individual’s driver’s license is revoked, suspended, or canceled.

(11) The State may issue a commercial driver’s license

to an individual who has a commercial driver’s license issued

by another State only if the individual first returns the driver’s

license issued by the other State. (12) The State may issue a commercial driver’s license

only to an individual who operates or will operate a commercial

motor vehicle and is domiciled in the State, except that, under

regulations the Secretary shall prescribe, the State may issue

a commercial driver’s license to an individual who operates

or will operate a commercial motor vehicle and is not domiciled

in a State that issues commercial drivers’ licenses.

(13) The State shall impose penalties the State considers

appropriate and the Secretary approves for an individual

operating a commercial motor vehicle when the individual—

(A) does not have a commercial driver’s license;

(B) has a driver’s license revoked, suspended, or canceled; or

(C) is disqualified from operating a commercial motor

vehicle.
H. R. 1758—281

(14) The State shall allow an individual to operate a

commercial motor vehicle in the State if—

(A) the individual has a commercial driver’s license

issued by another State under the minimum standards

prescribed by the Secretary under section 31305(a) of this

title;

(B) the license is not revoked, suspended, or canceled;

and

(C) the individual is not disqualified from operating

a commercial motor vehicle.

(15) The State shall disqualify an individual from operating

a commercial motor vehicle for the same reasons and time

periods for which the Secretary shall disqualify the individual

under section 31310(b)–(e) of this title.

(16)(A) Before issuing a commercial driver’s license to an

individual, the State shall request the Secretary for information

from the National Driver Register maintained under chapter

303 of this title (after the Secretary decides the Register is

operational) on whether the individual—

(i) has been disqualified from operating a motor vehicle

(except a commercial motor vehicle);

(ii) has had a license (except a license authorizing

the individual to operate a commercial motor vehicle)

revoked, suspended, or canceled for cause in the 3-year

period ending on the date of application for the commercial

driver’s license; or

(iii) has been convicted of an offense specified in section

30304(a)(3) of this title.

(B) The State shall give full weight and consideration to

that information in deciding whether to issue the individual

a commercial driver’s license.

(17) The State shall adopt and enforce regulations prescribed by the Secretary under section 31310(g)(1)(A) and (2)

of this title.

(b) STATE SATISFACTION OF REQUIREMENTS.—A State may satisfy the requirements of subsection (a) of this section that the

State disqualify an individual from operating a commercial motor

vehicle by revoking, suspending, or canceling the driver’s license

issued to the individual.

(c) NOTIFICATION.—Not later than 30 days after being notified

by a State of the proposed issuance of a commercial driver’s license

to an individual, the Secretary or the operator of the information

system under section 31309 of this title, as the case may be,

shall notify the State whether the individual has a commercial

driver’s license issued by another State or has been disqualified

from operating a commercial motor vehicle by another State or

the Secretary.

§ 31312. Grants for testing and ensuring the fitness of operators of commercial motor vehicles

(a) BASIC GRANTS.—(1) The Secretary of Transportation may

make a grant to a State under this subsection if the State—

(A) makes an agreement with the Secretary—

(i) to adopt and carry out in the fiscal year in which

the grant is made a program for testing and ensuring

the fitness of individuals who operate commercial motor
H. R. 1758—282

vehicles under the minimum standards prescribed by the

Secretary under section 31305(a) of this title; and

(ii) to require that operators of commercial motor

vehicles have passed written and driving tests that meet

the minimum standards; and

(B) has in effect and enforces in that fiscal year a law

providing that an individual with a blood alcohol concentration

of at least .10 percent when operating a commercial motor

vehicle is deemed to be driving under the influence of alcohol.

(2) A State may—

(A) administer driving tests referred to in paragraph (1)

of this subsection and section 31311(a) of this title; or

(B) make an agreement, approved by the Secretary, for

the tests to be administered by a person (including a department, agency, or instrumentality of a local government) that

meets minimum standards the Secretary prescribes by regulation if—

(i) the agreement allows the Secretary and the State

each to conduct random examinations, inspections, and

audits of the testing without prior notification; and

(ii) the State annually conducts at least one onsite

inspection of the testing.

(3) The Secretary shall decide on the amount of a grant in

a fiscal year to be made under this subsection to a State eligible

to receive the grant in the fiscal year. However—

(A) a grant to a State under this subsection shall be at

least $100,000 in a fiscal year; and

(B) to the extent each State grant under this subsection

is more than $100,000 in a fiscal year, the Secretary shall

ensure that those States are treated equitably.

(4) A State receiving a grant under this subsection may use

the amounts provided under the grant only to test operators of

commercial motor vehicles.

(5) There is available to the Secretary to carry out this subsection $lllll from amounts made available under section

31104 of this title for the fiscal year ending September 30, 19l. (b) SUPPLEMENTAL GRANTS.—(1) The Secretary may make a

grant under this subsection in a fiscal year to a State eligible

to receive a grant under subsection (a) of this section in that

fiscal year. A grant made under this subsection shall be used

for testing operators of commercial motor vehicles. (2) Amounts of grants under this subsection shall be distributed among the States eligible to receive grants under subsection (a)

of this section in the fiscal year on the basis of the number of

written and driving tests administered, and the number of drivers’

licenses for the operation of commercial motor vehicles issued, in

the prior fiscal year.

(3) There is available to the Secretary to carry out this subsection $lllll from amounts made available under section

31104 of this title for the fiscal year ending September 30, 19l.

(c) MAINTENANCE OF EXPENDITURES.—The Secretary may make

a grant to a State under this section only if the State agrees

that the total expenditure of amounts of the State and political

subdivisions of the State, exclusive of United States Government

amounts, for testing operators of commercial motor vehicles will

be maintained at a level at least equal to the average level of

that expenditure for its last 2 fiscal years before October 27, 1986.
H. R. 1758—283

(d) AVAILABILITY OF AMOUNTS.—(1) Amounts made available

to a State under this section remain available for obligation by

the State for the fiscal year for which the amounts are made

available. Any of those amounts not obligated before the last day

of that fiscal year are no longer available for obligation by the

State and are available to the Secretary to carry out this chapter.

(2) Amounts made available to the Secretary under this section

remain available until expended.

(e) GRANTS AS CONTRACTUAL OBLIGATIONS.—Approval by the

Secretary of a grant to a State under this section is a contractual

obligation of the Government for payment of the amount of the

grant.

(f) TESTING AND FITNESS PROGRAM STUDIES.—In this section,

development of a program for testing and ensuring the fitness

of individuals who operate commercial motor vehicles includes

studies of—

(1) the number of vehicles that will need to be tested

under the program in a calendar year;

(2) facilities at which testing of those individuals could

be conducted; and

(3) additional resources (including personnel) that will be

necessary to conduct the testing.

§ 31313. Grants for issuing commercial drivers’ licenses and

complying with State participation requirements

(a) GENERAL AUTHORITY.—The Secretary of Transportation may

make a grant under this section to a State in a fiscal year if

the State makes an agreement with the Secretary to participate

in that fiscal year in the commercial driver’s license program established by this chapter and the information system required by

section 31309 of this title and to comply with the requirements

of section 31311(a) of this title.

(b) AMOUNTS OF GRANTS.—The Secretary shall decide on the

amount of a grant in a fiscal year to be made under this section

to a State eligible to receive the grant in the fiscal year. However—

(1) a grant to a State under this section shall be at least

$100,000 in a fiscal year; and

(2) to the extent each State grant under this section is

more than $100,000 in a fiscal year, the Secretary shall ensure

that those States are treated equitably.

(c) LIMITATION ON USE.—A State receiving a grant under this

section may use the amounts provided under the grant only for

issuing commercial drivers’ licenses and complying with the requirements of section 31311(a) of this title.

(d) AVAILABILITY OF AMOUNTS.—(1) Amounts made available

to a State under this section remain available for obligation by

the State for the fiscal year for which the amounts are made

available. Any of those amounts not obligated before the last day

of that fiscal year are no longer available for obligation by the

State and are available to the Secretary to carry out this chapter.

(2) Amounts made available to the Secretary under this section

remain available until expended.

(e) GRANTS AS CONTRACTUAL OBLIGATIONS.—Approval by the

Secretary of a grant to a State under this section is a contractual

obligation of the United States Government for payment of the

amount of the grant.
H. R. 1758—284

(f) AUTHORIZATION.—There is available to the Secretary to carry

out this section $lllll from amounts made available under

section 31104 of this title for the fiscal year ending September

30, 19l.

§ 31314. Withholding amounts for State noncompliance

(a) FIRST FISCAL YEAR.—The Secretary of Transportation shall

withhold 5 percent of the amount required to be apportioned to

a State under section 104(b)(1), (2), (5), and (6) of title 23 on

the first day of the fiscal year after the first fiscal year beginning

after September 30, 1992, throughout which the State does not

comply substantially with a requirement of section 31311(a) of

this title.

(b) SECOND FISCAL YEAR.—The Secretary shall withhold 10

percent of the amount required to be apportioned to a State under

section 104(b)(1), (2), (5), and (6) of title 23 on the first day of

each fiscal year after the 2d fiscal year beginning after September

30, 1992, throughout which the State does not comply substantially

with a requirement of section 31311(a) of this title.

(c) AVAILABILITY FOR APPORTIONMENT.—(1) Amounts withheld

under this section from apportionment to a State before October

1, 1995, remain available for apportionment to the State as follows:

(A) If the amounts would have been apportioned under

section 104(b)(5)(B) of title 23 but for this section, the amounts

remain available until the end of the 2d fiscal year following

the fiscal year for which the amounts are authorized to be

appropriated.

(B) If the amounts would have been apportioned under

section 104(b)(1), (2), or (6) of title 23 but for this section,

the amounts remain available until the end of the 3d fiscal

year following the fiscal year for which the amounts are authorized to be appropriated.

(2) Amounts withheld under this section from apportionment

to a State after September 30, 1995, are not available for apportionment to the State.

(d) APPORTIONMENT AFTER COMPLIANCE.—(1) If, before the last

day of the period for which amounts withheld under this section

from apportionment are to remain available for apportionment to

a State under subsection (c)(1) of this section, the State substantially complies with all of the requirements of section 31311(a)

of this title for a period of 365 days, the Secretary, on the day

following the last day of that period, shall apportion to the State

the withheld amounts remaining available for apportionment to

that State.

(2) Amounts apportioned under paragraph (1) of this subsection

remain available for expenditure until the end of the 3d fiscal

year following the fiscal year in which the amounts are apportioned.

Amounts not obligated at the end of that period lapse or, for

amounts apportioned under section 104(b)(5) of title 23, lapse and

are available for projects under section 118(b) of title 23.

(e) LAPSE.—If, at the end of the period for which amounts

withheld under this section from apportionment are available for

apportionment to a State under subsection (c)(1) of this section,

the State has not substantially complied with all of the requirements of section 31311(a) of this title for a 365-day period, the

amounts lapse or, for amounts withheld from apportionment under
H. R. 1758—285

section 104(b)(5) of title 23, the amounts lapse and are available

for projects under section 118(b) of title 23.

§ 31315. Waiver authority

After notice and an opportunity for comment, the Secretary

of Transportation may waive any part of this chapter or a regulation

prescribed under this chapter as it applies to a class of individuals

or commercial motor vehicles if the Secretary decides the waiver

is not contrary to the public interest and does not diminish the

safe operation of commercial motor vehicles. A waiver under this

section shall be published in the Federal Register with reasons

for the waiver.

§ 31316. Limitation on statutory construction

This chapter does not affect the authority of the Secretary

of Transportation to regulate commercial motor vehicle safety

involving motor vehicles with a gross vehicle weight rating of less

than 26,001 pounds or a lesser gross vehicle weight rating the

Secretary decides is appropriate under section 31301(4)(A) of this

title.

§ 31317. Procedure for prescribing regulations

Regulations prescribed by the Secretary of Transportation to

carry out this chapter (except section 31307) shall be prescribed

under section 553 of title 5 without regard to sections 556 and

557 of title 5.

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.

§ 31501. Definitions

In this chapter—

(1) ‘‘migrant worker’’ means an individual going to or from

employment in agriculture as provided under section 3121(g)

of the Internal Revenue Code of 1986 (26 U.S.C. 3121(g)) or

section 203(f) of the Fair Labor Standards Act of 1938 (29

U.S.C. 203(f)).

(2) ‘‘motor carrier’’, ‘‘motor common carrier’’, ‘‘motor private

carrier’’, ‘‘motor vehicle’’, and ‘‘United States’’ have the same

meanings given those terms in section 10102 of this title.

(3) ‘‘motor carrier of migrant workers’’—

(A) means a person (except a motor common carrier)

providing transportation referred to in section 10521(a)

of this title by a motor vehicle (except a passenger automobile or station wagon) for at least 3 migrant workers

at a time to or from their employment; but

(B) does not include a migrant worker providing

transportation for migrant workers and their immediate

families.

§ 31502. Requirements for qualifications, hours of service,

safety, and equipment standards

(a) APPLICATION.—This section applies to transportation—
H. R. 1758—286

(1) described in sections 10521 and 10522 of this title;

and

(2) to the extent the transportation is in the United States

and is between places in a foreign country, or between a place

in a foreign country and a place in another foreign country.

(b) MOTOR CARRIER AND PRIVATE MOTOR CARRIER REQUIREMENTS.—The Secretary of Transportation may prescribe requirements for—

(1) qualifications and maximum hours of service of employees of, and safety of operation and equipment of, a motor

carrier; and

(2) qualifications and maximum hours of service of employees of, and standards of equipment of, a motor private carrier,

when needed to promote safety of operation.

(c) MIGRANT WORKER MOTOR CARRIER REQUIREMENTS.—The

Secretary may prescribe requirements for the comfort of passengers,

qualifications and maximum hours of service of operators, and

safety of operation and equipment of a motor carrier of migrant

workers. The requirements only apply to a carrier transporting

a migrant worker—

(1) at least 75 miles; and

(2) across the boundary of a State, territory, or possession

of the United States.

(d) CONSIDERATIONS.—Before prescribing or revising any

requirement under this section, the Secretary shall consider the

costs and benefits of the requirement.

§ 31503. Research, investigation, and testing

(a) GENERAL AUTHORITY.—The Secretary of Transportation may

investigate and report on the need for regulation by the United

States Government of sizes, weight, and combinations of motor

vehicles and qualifications and maximum hours of service of employees of a motor carrier subject to subchapter II of chapter 105

of this title and a motor private carrier. The Secretary shall use

the services of each department, agency, or instrumentality of the

Government and each organization of motor carriers having special

knowledge of a matter being investigated.

(b) USE OF SERVICES.—In carrying out this chapter, the Secretary may use the services of a department, agency, or instrumentality of the Government having special knowledge about safety,

to conduct scientific and technical research, investigation, and testing when necessary to promote safety of operation and equipment

of motor vehicles. The Secretary may reimburse the department,

agency, or instrumentality for the services provided.

§ 31504. Identification of motor vehicles

(a) GENERAL AUTHORITY.—The Secretary of Transportation

may—

(1) issue and require the display of an identification plate

on a motor vehicle used in transportation provided by a motor

private carrier and a motor carrier of migrant workers subject

to section 31502(c) of this title, except a motor contract carrier;

and

(2) require each of those motor private carriers and motor

carriers of migrant workers to pay the reasonable cost of the

plate.
H. R. 1758—287

(b) LIMITATION.—A motor private carrier or a motor carrier

of migrant workers may use an identification plate only as authorized by the Secretary.

CHAPTER 317—PARTICIPATION IN INTERNATIONAL

REGISTRATION PLAN AND INTERNATIONAL FUEL TAX

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.

§ 31701. Definitions

In this chapter—

(1) ‘‘commercial motor vehicle’’, with respect to—

(A) the International Registration Plan, has the same

meaning given the term ‘‘apportionable vehicle’’ under the

Plan; and

(B) the International Fuel Tax Agreement, has the

same meaning given the term ‘‘qualified motor vehicle’’

under the Agreement.

(2) ‘‘fuel use tax’’ means a tax imposed on or measured

by the consumption of fuel in a motor vehicle.

(3) ‘‘International Fuel Tax Agreement’’ means the interstate agreement on collecting and distributing fuel use taxes

paid by motor carriers, developed under the auspices of the

National Governors’ Association.

(4) ‘‘International Registration Plan’’ means the interstate

agreement on apportioning vehicle registration fees paid by

motor carriers, developed by the American Association of Motor

Vehicle Administrators.

(5) ‘‘Regional Fuel Tax Agreement’’ means the interstate

agreement on collecting and distributing fuel use taxes paid

by motor carriers in the States of Maine, Vermont, and New

Hampshire.

(6) ‘‘State’’ means the 48 contiguous States and the District

of Columbia.

§ 31702. Working group

(a) ESTABLISHMENT.—The Secretary of Transportation shall

establish a working group of State and local government officials,

including representatives of the National Governors’ Association,

the American Association of Motor Vehicle Administrators, the

National Conference of State Legislatures, the Federation of Tax

Administrators, and the Board of Directors for the International

Fuel Tax Agreement, and a representative of the Regional Fuel

Tax Agreement.

(b) PURPOSES.—The purposes of the working group are—

(1) to propose procedures to resolve disputes among States

participating in the International Registration Plan and among

States participating in the International Fuel Tax Agreement,

including designating the Secretary or any other person to

resolve the disputes; and
H. R. 1758—288

(2) to provide technical assistance to States participating

or seeking to participate in the Plan or Agreement.

(c) CONSULTATION REQUIREMENT.—In carrying out subsection

(b) of this section, the working group shall consult with members

of the motor carrier industry.

(d) REPORT.—(1) Not later than December 18, 1993, the working

group shall submit a report to—

(A) the Secretary;

(B) the Committee on Commerce, Science, and Transportation of the Senate;

(C) the Committee on Public Works and Transportation

of the House of Representatives;

(D) the Committee on the Judiciary of the House of Representatives;

(E) the States participating in the International Registration Plan; and

(F) the States participating in the International Fuel Tax

Agreement.

(2) The report shall contain a detailed statement of the working

group’s findings and conclusions and its joint recommendations

about the matters referred to in subsection (b) of this section.

After submitting the report, the working group periodically may

review and modify the findings and conclusions and the joint recommendations as appropriate and submit a report containing the

modifications to the Secretary and the committees specified in paragraph (1) of this subsection.

(e) RELATIONSHIP TO OTHER LAWS.—The Federal Advisory

Committee Act (5 App. U.S.C.) does not apply to the working

group.

§ 31703. Grants

(a) GENERAL AUTHORITY.—The Secretary of Transportation may

make grants to States and appropriate persons to facilitate participation in the International Registration Plan and the International

Fuel Tax Agreement and to make administrative improvements

in any other base State fuel use tax agreement in existence as

of January 1, 1991. A grant may include amounts for technical

assistance, personnel training, travel costs, and technology and

equipment associated with the participation.

(b) CONTRACTUAL OBLIGATION.—Approval by the Secretary of

a grant with amounts made available under this section is a contractual obligation of the United States Government for payment of

the Government’s share of the grant.

§ 31704. Vehicle registration

After September 30, 1996, a State that is not participating

in the International Registration Plan may not establish, maintain,

or enforce a commercial motor vehicle registration law, regulation,

or agreement that limits the operation in that State of a commercial

motor vehicle that is not registered under the laws of the State,

if the vehicle is registered under the laws of a State participating

in the Plan.

§ 31705. Fuel use tax

(a) REPORTING REQUIREMENTS.—After September 30, 1996, a

State may establish, maintain, or enforce a law or regulation that

has a fuel use tax reporting requirement (including any tax report-
H. R. 1758—289

ing form) only if the requirement conforms with the International

Fuel Tax Agreement.

(b) PAYMENT.—After September 30, 1996, a State may establish,

maintain, or enforce a law or regulation that provides for the

payment of a fuel use tax only if the law or regulation conforms

with the International Fuel Tax Agreement as it applies to collection

of a fuel use tax by a single base State and proportional sharing

of fuel use taxes charged among the States where a commercial

motor vehicle is operated.

(c) LIMITATION.—If the International Fuel Tax Agreement is

amended, a State not participating in the Agreement when the

amendment is made is not subject to the conformity requirements

of subsections (a) and (b) of this section in regard to the amendment

until after a reasonable time, but not earlier than the expiration

of—

(1) the 365-day period beginning on the first day that

States participating in the Agreement are required to comply

with the amendment; or

(2) the 365-day period beginning on the day the relevant

office of the State receives written notice of the amendment

from the Secretary of Transportation.

(d) NONAPPLICATION.—This section does not apply to a State

that was participating in the Regional Fuel Tax Agreement on

January 1, 1991, and that continues to participate in that Agreement after that date.

§ 31706. Enforcement

(a) CIVIL ACTIONS.—On request of the Secretary of Transportation, the Attorney General may bring a civil action in a court

of competent jurisdiction to enforce compliance with sections 31704

and 31705 of this title.

(b) VENUE.—An action under this section may be brought only

in the State in which an order is required to enforce compliance.

(c) RELIEF.—Subject to section 1341 of title 28, the court, on

a proper showing— (1) shall issue a temporary restraining order or a preliminary or permanent injunction; and (2) may require by the injunction that the State or any

person comply with sections 31704 and 31705 of this title.

§ 31707. Limitations on statutory construction

Sections 31704 and 31705 of this title do not limit the amount

of money a State may charge for registration of a commercial

motor vehicle or the amount of any fuel use tax a State may

impose.

§ 31708. Authorization of appropriations

(a) GENERAL.—From amounts made available under section

31104 of this title, the Secretary of Transportation shall provide

the following amounts for each of the fiscal years ending September

30, 1993-1997:

(1) $1,000,000 for activities of the working group under

section 31702 of this title.

(2) $5,000,000 for grants under section 31703 of this title.

(b) AVAILABILITY OF AMOUNTS.—Amounts appropriated under

this section remain available until expended.
H. R. 1758—290

PART C—INFORMATION, STANDARDS, AND

REQUIREMENTS

CHAPTER 321—GENERAL

Sec.

32101. Definitions.

32102. Authorization of appropriations.

§ 32101. Definitions

In this part (except section 32304 and chapter 329)—

(1) ‘‘bumper standard’’ means a minimum performance

standard that substantially reduces—

(A) the damage to the front or rear end of a passenger

motor vehicle from a low-speed collision (including a collision with a fixed barrier) or from towing the vehicle; or

(B) the cost of repairing the damage.

(2) ‘‘insurer’’ means a person in the business of issuing,

or reinsuring any part of, a passenger motor vehicle insurance

policy.

(3) ‘‘interstate commerce’’ means commerce between a place

in a State and—

(A) a place in another State; or

(B) another place in the same State through another

State.

(4) ‘‘make’’, when describing a passenger motor vehicle,

means the trade name of the manufacturer of the vehicle.

(5) ‘‘manufacturer’’ means a person—

(A) manufacturing or assembling passenger motor

vehicles or passenger motor vehicle equipment; or (B) importing motor vehicles or motor vehicle equipment for resale.

(6) ‘‘model’’, when describing a passenger motor vehicle,

means a category of passenger motor vehicles based on the

size, style, and type of a make of vehicle. (7) ‘‘motor vehicle’’ means a vehicle driven or drawn by

mechanical power and manufactured primarily for use on public

streets, roads, and highways, but does not include a vehicle

operated only on a rail line. (8) ‘‘motor vehicle accident’’ means an accident resulting

from the maintenance or operation of a passenger motor vehicle

or passenger motor vehicle equipment. (9) ‘‘multipurpose passenger vehicle’’ means a passenger

motor vehicle constructed on a truck chassis or with special

features for occasional off-road operation.

(10) ‘‘passenger motor vehicle’’ means a motor vehicle with

motive power designed to carry not more than 12 individuals,

but does not include—

(A) a motorcycle; or

(B) a truck not designed primarily to carry its operator

or passengers.

(11) ‘‘passenger motor vehicle equipment’’ means—

(A) a system, part, or component of a passenger motor

vehicle as originally made;

(B) a similar part or component made or sold for

replacement or improvement of a system, part, or compo-
H. R. 1758—291

nent, or as an accessory or addition to a passenger motor

vehicle; or

(C) a device made or sold for use in towing a passenger

motor vehicle.

(12) ‘‘State’’ means a State of the United States, the District

of Columbia, Puerto Rico, the Northern Mariana Islands, Guam,

American Samoa, and the Virgin Islands.

(13) ‘‘United States district court’’ means a district court

of the United States, a United States court for Guam, the

Virgin Islands, and American Samoa, and the district court

for the Northern Mariana Islands.

§ 32102. Authorization of appropriations

The following amounts may be appropriated to the Secretary

of Transportation for the National Highway Traffic Safety Administration to carry out this part:

(1) $6,731,430 for the fiscal year ending September 30,

1993.

(2) $6,987,224 for the fiscal year ending September 30,

1994.

(3) $7,252,739 for the fiscal year ending September 30,

1995.

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.

§ 32301. Definitions

In this chapter—

(1) ‘‘crashworthiness’’ means the protection a passenger

motor vehicle gives its passengers against personal injury or

death from a motor vehicle accident.

(2) ‘‘damage susceptibility’’ means the susceptibility of a

passenger motor vehicle to damage in a motor vehicle accident.

§ 32302. Passenger motor vehicle information

(a) INFORMATION PROGRAM.—The Secretary of Transportation

shall maintain a program for developing the following information

on passenger motor vehicles: (1) damage susceptibility.

(2) crashworthiness.

(3) the degree of difficulty of diagnosis and repair of damage

to, or failure of, mechanical and electrical systems. (4) vehicle operating costs dependent on the characteristics referred to in clauses (1)–(3) of this subsection, including insurance information obtained under section 32303 of this title.

(b) MOTOR VEHICLE INFORMATION.—To assist a consumer in

buying a passenger motor vehicle, the Secretary shall provide to

the public information developed under subsection (a) of this section.

The information shall be in a simple and understandable form
H. R. 1758—292

that allows comparison of the characteristics referred to in subsection (a)(1)–(3) of this section among the makes and models of

passenger motor vehicles. The Secretary may require passenger

motor vehicle dealers to distribute the information to prospective

buyers.

(c) INSURANCE COST INFORMATION.—The Secretary shall prescribe regulations that require passenger motor vehicle dealers

to distribute to prospective buyers information the Secretary develops and provides to the dealers that compares insurance costs

for different makes and models of passenger motor vehicles based

on damage susceptibility and crashworthiness.

§ 32303. Insurance information

(a) GENERAL REPORTS AND INFORMATION REQUIREMENTS.—(1)

In carrying out this chapter, the Secretary of Transportation may

require an insurer, or a designated agent of the insurer, to make

reports and provide the Secretary with information. The reports

and information may include accident claim information by make,

model, and model year of passenger motor vehicle about the kind

and extent of—

(A) physical damage and repair costs; and

(B) personal injury.

(2) In deciding which reports and information are to be provided

under this subsection, the Secretary shall—

(A) consider the cost of preparing and providing the reports

and information;

(B) consider the extent to which the reports and information

will contribute to carrying out this chapter; and

(C) consult with State authorities and public and private

agencies the Secretary considers appropriate.

(3) To the extent possible, the Secretary shall obtain reports

and information under this subsection on a voluntary basis.

(b) REQUESTED INFORMATION ON CRASHWORTHINESS, DAMAGE

SUSCEPTIBILITY, AND REPAIR AND PERSONAL INJURY COST.—When

requested by the Secretary, an insurer shall give the Secretary

information—

(1) about the extent to which the insurance premiums

charged by the insurer are affected by damage susceptibility,

crashworthiness, and the cost of repair and personal injury,

for each make and model of passenger motor vehicle; and (2) available to the insurer about the effect of damage

susceptibility, crashworthiness, and the cost of repair and personal injury for each make and model of passenger motor

vehicle on the risk incurred by the insurer in insuring that

make and model.

(c) DISCLOSURE.—In distributing information received under

this section, the Secretary may disclose identifying information

about a person that may be an insured, a claimant, a passenger,

an owner, a witness, or an individual involved in a motor vehicle

accident, only with the consent of the person.

§ 32304. Passenger motor vehicle country of origin labeling

(a) DEFINITIONS.—In this section—

(1) ‘‘allied supplier’’ means a supplier of passenger motor

vehicle equipment that is wholly owned by the manufacturer,

or if a joint venture vehicle assembly arrangement, a supplier
H. R. 1758—293

that is wholly owned by one member of the joint venture

arrangement.

(2)(A) ‘‘carline’’—

(i) means a name given a group of passenger motor

vehicles that has a degree of commonality in construction

such as body and chassis;

(ii) does not consider a level of decor or opulence;

and

(iii) except for light duty trucks, is not generally distinguished by characteristics such as roof line, number of

doors, seats, or windows; and

(B) light duty trucks are different carlines than passenger

motor vehicles.

(3) ‘‘country of origin’’, when referring to the origin of

an engine or transmission, means the country from which the

largest share of the dollar value added to an engine or transmission has originated—

(A) with the United States and Canada treated as

separate countries; and

(B) the estimate of the percentage of the dollar value

shall be based on the purchase price of direct materials,

as received at individual engine or transmission plants,

of engines of the same displacement and transmissions

of the same transmission type.

(4) ‘‘dealer’’ means a person residing or located in the

United States, including the District of Columbia or a territory

or possession of the United States, and engaged in selling

or distributing new passenger motor vehicles to the ultimate

purchaser.

(5) ‘‘final assembly place’’ means the plant, factory, or other

place at which a new passenger motor vehicle is produced

or assembled by a manufacturer, and from which the vehicle

is delivered to a dealer or importer with all component parts

necessary for the mechanical operation of the vehicle included

with the vehicle, whether or not the component parts are

permanently installed in or on the vehicle. (6) ‘‘foreign content’’ means passenger motor vehicle equipment that is not of United States/Canadian origin. (7) ‘‘manufacturer’’ means a person—

(A) engaged in manufacturing or assembling new passenger motor vehicles; (B) importing new passenger motor vehicles for resale;

or

(C) acting for and under the control of such a manufacturer, assembler, or importer in connection with the distribution of new passenger motor vehicles.

(8) ‘‘new passenger motor vehicle’’ means a passenger motor

vehicle for which a manufacturer, distributor, or dealer has

never transferred the equitable or legal title to the vehicle

to an ultimate purchaser.

(9) ‘‘of United States/Canadian origin’’, when referring to

passenger motor vehicle equipment, means—

(A) for an outside supplier, passenger motor vehicle

equipment whose purchase price contains at least 70 percent value added in the United States and Canada; and

(B) for an allied supplier, that part of the individual

passenger motor vehicle equipment whose purchase price
H. R. 1758—294

the manufacturer determines remains after subtracting the

total of the purchase prices of all material of foreign content

purchased from outside suppliers, with the determination

of the United States/Canadian origin or of the foreign content from outside suppliers being consistent with subclause

(A) of this clause.

(10) ‘‘outside supplier’’ means a supplier of passenger motor

vehicle equipment to a manufacturer’s allied supplier, or a

person other than an allied supplier, who ships directly to

the manufacturer’s final assembly place.

(11) ‘‘passenger motor vehicle’’ means a motor vehicle with

motive power, manufactured primarily for use on public streets,

roads, and highways, and designed to carry not more than

12 individuals—

(A) including a multipurpose vehicle or light duty truck

when the vehicle or truck is rated at not more than 8,500

pounds gross vehicle weight; but

(B) not including—

(i) a motorcycle;

(ii) a truck not designed primarily to carry its

operator or passengers; or

(iii) a vehicle operated only on a rail line.

(12) ‘‘passenger motor vehicle equipment’’—

(A) means a system, subassembly, or component

received at the final vehicle assembly place for installation

on, or attachment to, a passenger motor vehicle at the

time of its first shipment by the manufacturer to a dealer

for sale to an ultimate purchaser; but

(B) does not include minor parts (including nuts, bolts, clips, screws, pins, braces, and other attachment hardware)

and other similar items the Secretary of Transportation

may prescribe by regulation after consulting with manufacturers and labor.

(13) ‘‘percentage (by value)’’, when referring to passenger

motor vehicle equipment of United States/Canadian origin,

means the percentage remaining after subtracting the percentage (by value) of passenger motor vehicle equipment that is

not of United States/Canadian origin that will be installed

or included on those vehicles produced in a carline, from 100

percent—

(A) with value being expressed in terms of the purchase

price; and

(B) for outside suppliers and allied suppliers, the value

used is the purchase price of the equipment paid at the

final assembly place.

(14) ‘‘State’’ means a State of the United States, the District

of Columbia, Puerto Rico, Guam, the Canal Zone, American

Samoa, and the Virgin Islands.

(15) ‘‘value added in the United States and Canada’’ means

a percentage determined by subtracting the total purchase price

of foreign content from the total purchase price, and dividing

the remainder by the total purchase price, excluding costs

incurred or profits made at the final assembly place and beyond

(including advertising, assembly, labor, interest payments, and

profits), with the following groupings being used:

(A) engines of same displacement produced at the same

plant.
H. R. 1758—295

(B) transmissions of the same type produced at the

same plant.

(b) MANUFACTURER REQUIREMENT.—(1) Each manufacturer of

a new passenger motor vehicle manufactured after September 30,

1994, and distributed in commerce for sale in the United States,

shall establish each year for each model year and cause to be

attached in a prominent place on each of those vehicles, at least

one label. The label shall contain the following information:

(A) the percentage (by value) of passenger motor vehicle

equipment of United States/Canadian origin installed on

vehicles in the carline to which that vehicle belongs, identified

by the words ‘‘U.S./Canadian content’’.

(B) the final assembly place for that vehicle by city, State

(where appropriate) and country.

(C) if at least 15 percent (by value) of equipment installed

on passenger motor vehicles in a carline originated in any

country other than the United States and Canada, the names

of at least the 2 countries in which the greatest amount (by

value) of that equipment originated and the percentage (by

value) of the equipment originating in each country.

(D) the country of origin of the engine and the transmission

for each vehicle.

(2) At the beginning of each model year, each manufacturer

shall establish the percentages required for each carline to be

indicated on the label under this subsection. Those percentages

are applicable to that carline for the entire model year. A manufacturer may round those percentages to the nearest 5 percent.

(3) A manufacturer complying with the requirement of para- graph (1)(B) of this subsection satisfies the disclosure requirement

of section 3(b) of the Automobile Information Disclosure Act (15

U.S.C. 1232(b)).

(c) DEALER REQUIREMENT.—Each dealer engaged in the sale

or distribution of a new passenger motor vehicle manufactured

after September 30, 1994, shall cause to be maintained on that

vehicle the label required to be attached to that vehicle under

subsection (b) of this section.

(d) FORM AND CONTENT OF LABEL.—The Secretary of Transportation shall prescribe by regulation the form and content of the

label required under subsection (b) of this section and the manner

and location in which the label is attached. The Secretary shall

permit a manufacturer to comply with this section by allowing

the manufacturer to disclose the information required under subsection (b)(1) on the label required by section 3 of the Automobile

Information Disclosure Act (15 U.S.C. 1232), on the label required

by section 32908 of this title, or on a separate label that is readily

visible.

(e) REGULATIONS.—In consultation with the Secretaries of Commerce and the Treasury, the Secretary of Transportation shall

prescribe regulations necessary to carry out this section, including

regulations establishing a procedure to verify the label information

required under subsection (b)(1) of this section. Those regulations

shall provide the ultimate purchaser of a new passenger motor

vehicle with the best and most understandable information possible

about the foreign content and United States/Canadian origin of

the equipment of the vehicles without imposing costly and unnecessary burdens on the manufacturers. The Secretary of Transportation

shall prescribe the regulations promptly to provide adequate lead
H. R. 1758—296

time for each manufacturer to comply with this section. The regulations shall include provisions applicable to outside suppliers and

allied suppliers to require those suppliers to certify whether passenger motor vehicle equipment provided by those suppliers is

of United States origin, of United States/Canadian origin, or of

foreign content and to provide other information the Secretary

of Transportation decides is necessary to allow each manufacturer

to comply reasonably with this section and to rely on that certification and information.

(f) PREEMPTION.—(1) When a label content requirement prescribed under this section is in effect, a State or a political subdivision of a State may not adopt or enforce a law or regulation

related to the content of vehicles covered by a requirement under

this section.

(2) A State or a political subdivision of a State may prescribe

requirements related to the content of passenger motor vehicles

obtained for its own use.

§ 32305. Information and assistance from other departments,

agencies, and instrumentalities

(a) AUTHORITY TO REQUEST.—The Secretary of Transportation

may request information necessary to carry out this chapter from

a department, agency, or instrumentality of the United States

Government. The head of the department, agency, or instrumentality shall provide the information.

(b) DETAILING PERSONNEL.—The head of a department, agency,

or instrumentality may detail, on a reimbursable basis, personnel

to assist the Secretary in carrying out this chapter.

§ 32306. Personnel

(a) GENERAL AUTHORITY.—In carrying out this chapter, the

Secretary of Transportation may—

(1) appoint and fix the pay of employees without regard

to the provisions of title 5 governing appointment in the

competitive service and chapter 51 and subchapter III of chapter 53 of title 5; and

(2) make contracts with persons for research and preparation of reports.

(b) STATUS OF ADVISORY COMMITTEE MEMBERS.—A member

of an advisory committee appointed under section 325 of this title

to carry out this chapter is a special United States Government

employee under chapter 11 of title 18.

§ 32307. Investigative powers

(a) GENERAL AUTHORITY.—In carrying out this chapter, the

Secretary of Transportation may—

(1) inspect and copy records of any person at reasonable

times;

(2) order a person to file written reports or answers to

specific questions, including reports or answers under oath;

and

(3) conduct hearings, administer oaths, take testimony,

and require (by subpena or otherwise) the appearance and

testimony of witnesses and the production of records the Secretary considers advisable.
H. R. 1758—297

(b) WITNESS FEES AND MILEAGE.—A witness summoned under

subsection (a) of this section is entitled to the same fee and mileage

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

(c) CIVIL ACTIONS TO ENFORCE.—A civil action to enforce a

subpena or order of the Secretary under subsection (a) of this

section may be brought in the United States district court for

the judicial district in which the proceeding by the Secretary is

conducted. The court may punish a failure to obey an order of

the court to comply with the subpena or order of the Secretary

as a contempt of court.

(d) CONFIDENTIALITY OF INFORMATION.—Information obtained

by the Secretary under this section related to a confidential matter

referred to in section 1905 of title 18 may be disclosed only to

another officer or employee of the United States Government for

use in carrying out this chapter. This subsection does not authorize

information to be withheld from a committee of Congress authorized

to have the information.

§ 32308. General prohibitions, civil penalty, and enforcement

(a) PROHIBITIONS.—A person may not—

(1) fail to provide the Secretary of Transportation with

information requested by the Secretary in carrying out this

chapter; or

(2) fail to comply with applicable regulations prescribed

by the Secretary in carrying out this chapter.

(b) CIVIL PENALTY.—(1) A person that violates subsection (a)

of this section is liable to the United States Government for a

civil penalty of not more than $1,000 for each violation. Each

failure to provide information or comply with a regulation in violation of subsection (a) is a separate violation. The maximum penalty

under this subsection for a related series of violations is $400,000.

(2) The Secretary may compromise the amount of a civil penalty

imposed under this section.

(3) In determining the amount of a penalty or compromise,

the appropriateness of the penalty or compromise to the size of

the business of the person charged and the gravity of the violation

shall be considered.

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

imposed or compromised under this section from amounts it owes

the person liable for the penalty.

(c) CIVIL ACTIONS TO ENFORCE.—(1) The Attorney General may

bring a civil action in a United States district court to enjoin

a violation of subsection (a) of this section.

(2) When practicable, the Secretary shall—

(A) notify a person against whom an action under this

subsection is planned;

(B) give the person an opportunity to present that person’s

views; and

(C) give the person a reasonable opportunity to comply.

(3) The failure of the Secretary to comply with paragraph

(2) of this subsection does not prevent a court from granting appropriate relief.

(d) VENUE AND SERVICE.—A civil action under this section

may be brought in the judicial district in which the violation

occurred or the defendant is found, resides, or does business. Process

in the action may be served in any other judicial district in which
H. R. 1758—298

the defendant resides or is found. A subpena for a witness in

the action may be served in any judicial district.

§ 32309. Criminal penalty for labeling violations

(a) DEFINITIONS.—The definitions in section 32304 of this title

apply to this section.

(b) PENALTIES.—A manufacturer of a passenger motor vehicle

distributed in commerce for sale in the United States that willfully

fails to attach the label required under section 32304 of this title

to a new passenger motor vehicle that the manufacturer manufactures or imports, or a dealer that fails to maintain that label

as required under section 32304, is liable to the United States

Government for a civil penalty of not more than $1,000 for each

violation. Each failure to attach or maintain that label for each

vehicle is a separate violation.

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.

§ 32501. Purpose

The purpose of this chapter is to reduce economic loss resulting

from damage to passenger motor vehicles involved in motor vehicle

accidents by providing for the maintenance and enforcement of

bumper standards.

§ 32502. Bumper standards

(a) GENERAL REQUIREMENTS AND NONAPPLICATION.—The Secretary of Transportation shall prescribe by regulation bumper standards for passenger motor vehicles and may prescribe by regulation

bumper standards for passenger motor vehicle equipment manufactured in, or imported into, the United States. A standard does

not apply to a passenger motor vehicle or passenger motor vehicle

equipment—

(1) intended only for export;

(2) labeled for export on the vehicle or equipment and

the outside of any container of the vehicle or equipment; and (3) exported.

(b) LIMITATIONS.—A standard under this section—

(1) may not conflict with a motor vehicle safety standard

prescribed under chapter 301 of this title;

(2) may not specify a dollar amount for the cost of repairing

damage to a passenger motor vehicle; and (3) to the greatest practicable extent, may not preclude

the attachment of a detachable hitch.

(c) EXEMPTIONS.—For good cause, the Secretary may exempt

from any part of a standard—

(1) a multipurpose passenger vehicle; or
H. R. 1758—299

(2) a make, model, or class of a passenger motor vehicle

manufactured for a special use, if the standard would interfere

unreasonably with the special use of the vehicle.

(d) COST REDUCTION AND CONSIDERATIONS.—When prescribing

a standard under this section, the Secretary shall design the standard to obtain the maximum feasible reduction of costs to the public,

considering—

(1) the costs and benefits of carrying out the standard;

(2) the effect of the standard on insurance costs and legal

fees and costs;

(3) savings in consumer time and inconvenience; and

(4) health and safety, including emission standards.

(e) PROCEDURES.—Section 553 of title 5 applies to a standard

prescribed under this section. However, the Secretary shall give

an interested person an opportunity to make oral and written

presentations of information, views, and arguments. A transcript

of each oral presentation shall be kept. Under conditions prescribed

by the Secretary, the Secretary may conduct a hearing to resolve

an issue of fact material to a standard.

(f) EFFECTIVE DATE.—The Secretary shall prescribe an effective

date for a standard under this section. That date may not be

earlier than the date the standard is prescribed nor later than

18 months after the date the standard is prescribed. However,

the Secretary may prescribe a later date when the Secretary submits to Congress and publishes the reasons for the later date.

A standard only applies to a passenger motor vehicle or passenger

motor vehicle equipment manufactured on or after the effective

date.

(g) RESEARCH.—The Secretary shall conduct research necessary

to carry out this chapter.

§ 32503. Judicial review of bumper standards

(a) FILING AND VENUE.—A person that may be adversely

affected by a standard prescribed under section 32502 of this title

may apply for review of the standard by filing a petition for review

in the United States Court of Appeals for the District of Columbia

Circuit or in the court of appeals of the United States for the

circuit in which the person resides or has its principal place of

business. The petition must be filed not later than 59 days after

the standard is prescribed.

(b) NOTIFYING SECRETARY.—The clerk of the court shall send

immediately a copy of the petition to the Secretary of Transportation. The Secretary shall file with the court a record of the

proceeding in which the standard was prescribed.

(c) ADDITIONAL PROCEEDINGS.—(1) On request of the petitioner,

the court may order the Secretary to receive additional evidence

and evidence in rebuttal if the court is satisfied the additional

evidence is material and there were reasonable grounds for not

presenting the evidence in the proceeding before the Secretary.

(2) The Secretary may modify findings of fact or make new

findings because of the additional evidence presented. The Secretary

shall file a modified or new finding, a recommendation to modify

or set aside a standard, and the additional evidence with the

court.

(d) SUPREME COURT REVIEW AND ADDITIONAL REMEDIES.—A

judgment of a court under this section may be reviewed only by
H. R. 1758—300

the Supreme Court under section 1254 of title 28. A remedy under

this section is in addition to any other remedies provided by law.

§ 32504. Certificates of compliance

Under regulations prescribed by the Secretary of Transportation, a manufacturer or distributor of a passenger motor vehicle

or passenger motor vehicle equipment subject to a standard prescribed under section 32502 of this title shall give the distributor

or dealer at the time of delivery a certificate that the vehicle

or equipment complies with the standard.

§ 32505. Information and compliance requirements

(a) GENERAL AUTHORITY.—(1) To enable the Secretary of

Transportation to decide whether a manufacturer of passenger

motor vehicles or passenger motor vehicle equipment is complying

with this chapter and standards prescribed under this chapter,

the Secretary may require the manufacturer to—

(A) keep records;

(B) make reports;

(C) provide items and information, including vehicles and

equipment for testing at a negotiated price not more than

the manufacturer’s cost; and

(D) allow an officer or employee designated by the Secretary

to inspect vehicles and relevant records of the manufacturer.

(2) To enforce this chapter, an officer or employee designated

by the Secretary, on presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, may inspect

a facility in which passenger motor vehicles or passenger motor

vehicle equipment is manufactured, held for introduction in interstate commerce, or held for sale after introduction in interstate

commerce. An inspection shall be conducted at a reasonable time,

in a reasonable way, and with reasonable promptness.

(b) POWERS OF SECRETARY AND CIVIL ACTIONS TO ENFORCE.—

(1) In carrying out this chapter, the Secretary may—

(A) inspect and copy records of any person at reasonable

times;

(B) order a person to file written reports or answers to

specific questions, including reports or answers under oath;

and

(C) conduct hearings, administer oaths, take testimony,

and require (by subpena or otherwise) the appearance and

testimony of witnesses and the production of records the Secretary considers advisable.

(2) A witness summoned under this subsection is entitled to

the same fee and mileage the witness would have been paid in

a court of the United States.

(3) A civil action to enforce a subpena or order of the Secretary

under this subsection may be brought in the United States district

court for the judicial district in which the proceeding by the Secretary was conducted. The court may punish a failure to obey

an order of the court to comply with the subpena or order of

the Secretary as a contempt of court.

(c) CONFIDENTIALITY OF INFORMATION.—(1) Information

obtained by the Secretary under this chapter related to a confidential matter referred to in section 1905 of title 18 may be disclosed

only—
H. R. 1758—301

(A) to another officer or employee of the United States

Government for use in carrying out this chapter; or

(B) in a proceeding under this chapter.

(2) This subsection does not authorize information to be withheld from a committee of Congress authorized to have the information.

(3) Subject to paragraph (1) of this subsection, the Secretary,

on request, shall make available to the public at cost information

the Secretary submits or receives in carrying out this chapter.

§ 32506. Prohibited acts

(a) GENERAL.—Except as provided in this section, a person

may not—

(1) manufacture for sale, sell, offer for sale, introduce or

deliver for introduction in interstate commerce, or import into

the United States, a passenger motor vehicle or passenger

motor vehicle equipment manufactured on or after the date

an applicable standard under section 32502 of this title takes

effect, unless it conforms to the standard;

(2) fail to comply with an applicable regulation prescribed

by the Secretary of Transportation under this chapter;

(3) fail to keep records, refuse access to or copying of

records, fail to make reports or provide items or information,

or fail or refuse to allow entry or inspection, as required by

this chapter or a regulation prescribed under this chapter;

or

(4) fail to provide the certificate required by section 32504

of this title, or provide a certificate that the person knows,

or in the exercise of reasonable care has reason to know,

is false or misleading in a material respect.

(b) NONAPPLICATION.—Subsection (a)(1) of this section does not

apply to—

(1) the sale, offer for sale, or introduction or delivery for

introduction in interstate commerce of a passenger motor

vehicle or passenger motor vehicle equipment after the first

purchase of the vehicle or equipment in good faith other than

for resale (but this clause does not prohibit a standard from

requiring that a vehicle or equipment be manufactured to comply with the standard over a specified period of operation

or use); or

(2) a person—

(A) establishing that the person had no reason to know,

by exercising reasonable care, that the vehicle or equipment

does not comply with the standard; or

(B) holding, without knowing about a noncompliance

and before that first purchase, a certificate issued under

section 32504 of this title stating that the vehicle or equipment complies with the standard.

(c) IMPORTING NONCOMPLYING VEHICLES AND EQUIPMENT.—(1)

The Secretaries of Transportation and the Treasury may prescribe

joint regulations authorizing a passenger motor vehicle or passenger

motor vehicle equipment not complying with a standard prescribed

under section 32502 of this title to be imported into the United

States subject to conditions (including providing a bond) the Secretaries consider appropriate to ensure that the vehicle or equipment will—
H. R. 1758—302

(A) comply, after importation, with the standards prescribed under section 32502 of this title;

(B) be exported; or

(C) be abandoned to the United States Government.

(2) The Secretaries may prescribe joint regulations that allow

a passenger motor vehicle or passenger motor vehicle equipment

to be imported into the United States after the first purchase

in good faith other than for resale.

(d) LIABILITY UNDER OTHER LAW.—Compliance with a standard

under this chapter does not exempt a person from liability provided

by law.

§ 32507. Penalties and enforcement

(a) CIVIL PENALTY.—(1) A person that violates section 32506(a)

of this title is liable to the United States Government for a civil

penalty of not more than $1,000 for each violation. A separate

violation occurs for each passenger motor vehicle or item of passenger motor vehicle equipment involved in a violation of section

32506(a)(1) or (4) of this title—

(A) that does not comply with a standard prescribed under

section 32502 of this title; or

(B) for which a certificate is not provided, or for which

a false or misleading certificate is provided, under section 32504

of this title.

(2) The maximum civil penalty under this subsection for a

related series of violations is $800,000.

(3) The Secretary of Transportation imposes a civil penalty

under this subsection. The Attorney General or the Secretary, with

the concurrence of the Attorney General, shall bring a civil action

in a United States district court to collect the penalty.

(b) CRIMINAL PENALTY.—A person knowingly and willfully violating section 32506(a)(1) of this title after receiving a notice of

noncompliance from the Secretary shall be fined under title 18,

imprisoned for not more than one year, or both. If the person

is a corporation, the penalties of this subsection also apply to

a director, officer, or individual agent of the corporation who, with

knowledge of the Secretary’s notice, knowingly and willfully authorizes, orders, or performs an act that is any part of the violation.

(c) CIVIL ACTIONS TO ENFORCE.—(1) The Secretary or the Attorney General may bring a civil action in a United States district

court to enjoin a violation of this chapter or the sale, offer for

sale, introduction or delivery for introduction in interstate commerce, or importation into the United States, of a passenger motor

vehicle or passenger motor vehicle equipment that is found, before

the first purchase in good faith other than for resale, not to comply

with a standard prescribed under section 32502 of this title.

(2) When practicable, the Secretary shall—

(A) notify a person against whom an action under this

subsection is planned;

(B) give the person an opportunity to present that person’s

views; and

(C) except for a knowing and willful violation, give the

person a reasonable opportunity to comply.

(3) The failure of the Secretary to comply with paragraph

(2) of this subsection does not prevent a court from granting appropriate relief.
H. R. 1758—303

(d) JURY TRIAL DEMAND.—In a trial for criminal contempt

for violating an injunction or restraining order issued under subsection (c) of this section, the violation of which is also a violation

of this chapter, the defendant may demand a jury trial. The defendant shall be tried as provided in rule 42(b) of the Federal Rules

of Criminal Procedure (18 App. U.S.C.).

(e) VENUE.—A civil action under subsection (a) or (c) of this

section may be brought in the judicial district in which the violation

occurred or the defendant is found, resides, or does business. Process

in the action may be served in any other judicial district in which

the defendant resides or is found. A subpena for a witness in

the action may be served in any judicial district.

§ 32508. Civil actions by owners of passenger motor vehicles

When an owner of a passenger motor vehicle sustains damages

as a result of a motor vehicle accident because the vehicle did

not comply with a standard prescribed under section 32502 of

this title, the owner may bring a civil action against the manufacturer to recover the damages. The action may be brought in the

United States District Court for the District of Columbia or in

the United States district court for the judicial district in which

the owner resides. The action must be brought not later than

3 years after the date of the accident. The court shall award

costs and a reasonable attorney’s fee to the owner when a judgment

is entered for the owner.

§ 32509. Information and assistance from other departments,

agencies, and instrumentalities

(a) GENERAL AUTHORITY.—The Secretary of Transportation may

request information necessary to carry out this chapter from a

department, agency, or instrumentality of the United States Government. The head of the department, agency, or instrumentality shall

provide the information.

(b) DETAILING PERSONNEL.—The head of a department, agency,

or instrumentality may detail, on a reimbursable basis, personnel

to assist the Secretary in carrying out this chapter.

§ 32510. Annual report

Not later than March 31 of each year, the Secretary of

Transportation shall submit to Congress and the President a report

on the progress in carrying out section 32501 of this title. The

report shall include—

(1) a statement of the cost savings resulting from carrying

out this chapter; and

(2) recommendations for legislative or other action the Secretary decides may be appropriate.

§ 32511. Relationship to other motor vehicle standards

(a) PREEMPTION.—Except as provided in this section, a State

or a political subdivision of a State may prescribe or enforce a

bumper standard for a passenger motor vehicle or passenger motor

vehicle equipment only if the standard is identical to a standard

prescribed under section 32502 of this title.

(b) ENFORCEMENT.—This chapter and chapter 301 of this title

do not affect the authority of a State to enforce a bumper standard

about an aspect of performance of a passenger motor vehicle or

passenger motor vehicle equipment not covered by a standard pre-
H. R. 1758—304

scribed under section 32502 of this title if the State bumper standard—

(1) does not conflict with a standard prescribed under chapter 301 of this title; and

(2) was in effect or prescribed by the State on October

20, 1972.

(c) ADDITIONAL AND HIGHER STANDARDS OF PERFORMANCE.—

The United States Government, a State, or a political subdivision

of a State may prescribe a bumper standard for a passenger motor

vehicle or passenger motor vehicle equipment obtained for its own

use that imposes additional or higher standards of performance

than a standard prescribed under section 32502 of this title.

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.

§ 32701. Findings and purposes

(a) FINDINGS.—Congress finds that—

(1) buyers of motor vehicles rely heavily on the odometer

reading as an index of the condition and value of a vehicle;

(2) buyers are entitled to rely on the odometer reading

as an accurate indication of the mileage of the vehicle;

(3) an accurate indication of the mileage assists a buyer

in deciding on the safety and reliability of the vehicle; and

(4) motor vehicles move in, or affect, interstate and foreign

commerce.

(b) PURPOSES.—The purposes of this chapter are—

(1) to prohibit tampering with motor vehicle odometers;

and

(2) to provide safeguards to protect purchasers in the sale

of motor vehicles with altered or reset odometers.

§ 32702. Definitions

In this chapter—

(1) ‘‘auction company’’ means a person taking possession

of a motor vehicle owned by another to sell at an auction.

(2) ‘‘dealer’’ means a person that sold at least 5 motor

vehicles during the prior 12 months to buyers that in good

faith bought the vehicles other than for resale.

(3) ‘‘distributor’’ means a person that sold at least 5 motor

vehicles during the prior 12 months for resale.

(4) ‘‘leased motor vehicle’’ means a motor vehicle leased

to a person for at least 4 months by a lessor that leased

at least 5 vehicles during the prior 12 months.

(5) ‘‘odometer’’ means an instrument for measuring and

recording the distance a motor vehicle is driven, but does not

include an auxiliary instrument designed to be reset by the

operator of the vehicle to record mileage of a trip.
H. R. 1758—305

(6) ‘‘repair’’ and ‘‘replace’’ mean to restore to a sound working condition by replacing any part of an odometer or by correcting any inoperative part of an odometer.

(7) ‘‘title’’ means the certificate of title or other document

issued by the State indicating ownership.

(8) ‘‘transfer’’ means to change ownership by sale, gift,

or other means.

§ 32703. Preventing tampering

A person may not—

(1) advertise for sale, sell, use, install, or have installed,

a device that makes an odometer of a motor vehicle register

a mileage different from the mileage the vehicle was driven,

as registered by the odometer within the designed tolerance

of the manufacturer of the odometer;

(2) disconnect, reset, alter, or have disconnected, reset,

or altered, an odometer of a motor vehicle intending to change

the mileage registered by the odometer;

(3) with intent to defraud, operate a motor vehicle on

a public street, road, or highway if the person knows that

the odometer of the vehicle is disconnected or not operating;

or

(4) conspire to violate this section or section 32704 or

32705 of this title.

§ 32704. Service, repair, and replacement

(a) ADJUSTING MILEAGE.—A person may service, repair, or

replace an odometer of a motor vehicle if the mileage registered

by the odometer remains the same as before the service, repair,

or replacement. If the mileage cannot remain the same—

(1) the person shall adjust the odometer to read zero;

and

(2) the owner of the vehicle or agent of the owner shall

attach a written notice to the left door frame of the vehicle

specifying the mileage before the service, repair, or replacement

and the date of the service, repair, or replacement.

(b) REMOVING OR ALTERING NOTICE.—A person may not, with

intent to defraud, remove or alter a notice attached to a motor

vehicle as required by this section.

§ 32705. Disclosure requirements on transfer of motor

vehicles

(a) WRITTEN DISCLOSURE REQUIREMENTS.—(1) Under regulations prescribed by the Secretary of Transportation, a person

transferring ownership of a motor vehicle shall give the transferee

a written disclosure—

(A) of the cumulative mileage registered by the odometer;

or

(B) that the mileage is unknown if the transferor knows

that the mileage registered by the odometer is incorrect.

(2) A person making a written disclosure required by a regulation prescribed under paragraph (1) of this subsection may not

make a false statement in the disclosure.

(3) A person acquiring a motor vehicle for resale may accept

a disclosure under this section only if it is complete.
H. R. 1758—306

(4) The regulations prescribed by the Secretary shall provide

the way in which information is disclosed and retained under this

section.

(b) MILEAGE STATEMENT REQUIREMENT FOR LICENSING.—(1) A

motor vehicle the ownership of which is transferred may not be

licensed for use in a State unless the transferee, in submitting

an application to a State for the title on which the license will

be issued, includes with the application the transferor’s title and,

if that title contains the space referred to in paragraph (3)(A)(iii)

of this subsection, a statement, signed and dated by the transferor,

of the mileage disclosure required under subsection (a) of this

section. This paragraph does not apply to a transfer of ownership

of a motor vehicle that has not been licensed before the transfer.

(2)(A) Under regulations prescribed by the Secretary, if the

title to a motor vehicle issued to a transferor by a State is in

the possession of a lienholder when the transferor transfers ownership of the vehicle, the transferor may use a written power of

attorney (if allowed by State law) in making the mileage disclosure

required under subsection (a) of this section. Regulations prescribed

under this paragraph—

(i) shall prescribe the form of the power of attorney;

(ii) shall provide that the form be printed by means of

a secure printing process (or other secure process);

(iii) shall provide that the State issue the form to the

transferee;

(iv) shall provide that the person exercising the power

of attorney retain a copy and submit the original to the State

with a copy of the title showing the restatement of the mileage;

(v) may require that the State retain the power of attorney

and the copy of the title for an appropriate period or that

the State adopt alternative measures consistent with section

32701(b) of this title, after considering the costs to the State;

(vi) shall ensure that the mileage at the time of transfer

be disclosed on the power of attorney document;

(vii) shall ensure that the mileage be restated exactly by

the person exercising the power of attorney in the space referred

to in paragraph (3)(A)(iii) of this subsection;

(viii) may not require that a motor vehicle be titled in

the State in which the power of attorney was issued;

(ix) shall consider the need to facilitate normal commercial

transactions in the sale or exchange of motor vehicles; and

(x) shall provide other conditions the Secretary considers

appropriate.

(B) Section 32709(a) and (b) applies to a person granting or

granted a power of attorney under this paragraph.

(3)(A) A motor vehicle the ownership of which is transferred

may be licensed for use in a State only if the title issued by

the State to the transferee—

(i) is produced by means of a secure printing process (or

other secure process);

(ii) indicates the mileage disclosure required to be made

under subsection (a) of this section; and

(iii) contains a space for the transferee to disclose the

mileage at the time of a future transfer and to sign and date

the disclosure.
H. R. 1758—307

(B) Subparagraph (A) of this paragraph does not require a

State to verify, or preclude a State from verifying, the mileage

information contained in the title.

(c) LEASED MOTOR VEHICLES.—(1) For a leased motor vehicle,

the regulations prescribed under subsection (a) of this section shall

require written disclosure about mileage to be made by the lessee

to the lessor when the lessor transfers ownership of that vehicle.

(2) Under those regulations, the lessor shall provide written

notice to the lessee of—

(A) the mileage disclosure requirements of subsection (a)

of this section; and

(B) the penalties for failure to comply with those requirements.

(3) The lessor shall retain the disclosures made by a lessee

under paragraph (1) of this subsection for at least 4 years following

the date the lessor transfers the leased motor vehicle.

(4) If the lessor transfers ownership of a leased motor vehicle

without obtaining possession of the vehicle, the lessor, in making

the disclosure required by subsection (a) of this section, may indicate

on the title the mileage disclosed by the lessee under paragraph

(1) of this subsection unless the lessor has reason to believe that

the disclosure by the lessee does not reflect the actual mileage

of the vehicle.

(d) STATE ALTERNATE VEHICLE MILEAGE DISCLOSURE REQUIREMENTS.—The requirements of subsections (b) and (c)(1) of this section on the disclosure of motor vehicle mileage when motor vehicles

are transferred or leased apply in a State unless the State has

in effect alternate motor vehicle mileage disclosure requirements

approved by the Secretary. The Secretary shall approve alternate

motor vehicle mileage disclosure requirements submitted by a State

unless the Secretary decides that the requirements are not consistent with the purpose of the disclosure required by subsection (b)

or (c), as the case may be.

(e) AUCTION SALES.—If a motor vehicle is sold at an auction,

the auction company conducting the auction shall maintain the

following records for at least 4 years after the date of the sale:

(1) the name of the most recent owner of the motor vehicle

(except the auction company) and the name of the buyer of

the motor vehicle.

(2) the vehicle identification number required under chapter 301 or 331 of this title.

(3) the odometer reading on the date the auction company

took possession of the motor vehicle.

(f) APPLICATION AND REVISION OF STATE LAW.—(1) Except as

provided in paragraph (2) of this subsection, subsections (b)–(e)

of this section apply to the transfer of a motor vehicle after April

28, 1989.

(2) If a State requests, the Secretary shall assist the State

in revising its laws to comply with subsection (b) of this section.

If a State requires time beyond April 28, 1989, to revise its laws

to achieve compliance, the Secretary, on request of the State, may

grant additional time that the Secretary considers reasonable by

publishing a notice in the Federal Register. The notice shall include

the reasons for granting the additional time. In granting additional

time, the Secretary shall ensure that the State is making reasonable

efforts to achieve compliance.
H. R. 1758—308

§ 32706. Inspections, investigations, and records

(a) AUTHORITY TO INSPECT AND INVESTIGATE.—Subject to section 32707 of this title, the Secretary of Transportation may conduct

an inspection or investigation necessary to carry out this chapter

or a regulation prescribed or order issued under this chapter. The

Secretary shall cooperate with State and local officials to the greatest extent possible in conducting an inspection or investigation.

The Secretary may give the Attorney General information about

a violation of this chapter or a regulation prescribed or order

issued under this chapter.

(b) ENTRY, INSPECTION, AND IMPOUNDMENT.—(1) In carrying

out subsection (a) of this section, an officer or employee designated

by the Secretary, on display of proper credentials and written

notice to the owner, operator, or agent in charge, may—

(A) enter and inspect commercial premises in which a

motor vehicle or motor vehicle equipment is manufactured,

held for shipment or sale, maintained, or repaired;

(B) enter and inspect noncommercial premises in which

the Secretary reasonably believes there is a motor vehicle or

motor vehicle equipment that is an object of a violation of

this chapter;

(C) inspect that motor vehicle or motor vehicle equipment;

and

(D) impound for not more than 72 hours for inspection

a motor vehicle or motor vehicle equipment that the Secretary

reasonably believes is an object of a violation of this chapter.

(2) An inspection or impoundment under this subsection shall

be conducted at a reasonable time, in a reasonable way, and with

reasonable promptness. The written notice may consist of a warrant

issued under section 32707 of this title.

(c) REASONABLE COMPENSATION.—When the Secretary

impounds for inspection a motor vehicle (except a vehicle subject

to subchapter II of chapter 105 of this title) or motor vehicle

equipment under subsection (b)(1)(D) of this section, the Secretary

shall pay reasonable compensation to the owner of the vehicle

or equipment if the inspection or impoundment results in denial

of use, or reduction in value, of the vehicle or equipment.

(d) RECORDS AND INFORMATION REQUIREMENTS.—(1) To enable

the Secretary to decide whether a dealer or distributor is complying

with this chapter and regulations prescribed and orders issued

under this chapter, the Secretary may require the dealer or distributor—

(A) to keep records;

(B) to provide information from those records if the Secretary states the purpose for requiring the information and

identifies the information to the fullest extent practicable; and

(C) to allow an officer or employee designated by the Secretary to inspect relevant records of the dealer or distributor.

(2) This subsection and subsection (e)(1)(B) of this section do

not authorize the Secretary to require a dealer or distributor to

provide information on a regular periodic basis.

(e) ADMINISTRATIVE AUTHORITY AND CIVIL ACTIONS TO

ENFORCE.—(1) In carrying out this chapter, the Secretary may—

(A) inspect and copy records of any person at reasonable

times;
H. R. 1758—309

(B) order a person to file written reports or answers to

specific questions, including reports or answers under oath;

and

(C) conduct hearings, administer oaths, take testimony,

and require (by subpena or otherwise) the appearance and

testimony of witnesses and the production of records the Secretary considers advisable.

(2) A witness summoned under this subsection is entitled to

the same fee and mileage the witness would have been paid in

a court of the United States.

(3) A civil action to enforce a subpena or order of the Secretary

under this subsection may be brought in the United States district

court for the judicial district in which the proceeding by the Secretary was conducted. The court may punish a failure to obey

an order of the court to comply with the subpena or order of

the Secretary as a contempt of court.

(f) PROHIBITIONS.—A person may not fail to keep records, refuse

access to or copying of records, fail to make reports or provide

information, fail to allow entry or inspection, or fail to permit

impoundment, as required under this section.

§ 32707. Administrative warrants

(a) DEFINITION.—In this section, ‘‘probable cause’’ means a valid

public interest in the effective enforcement of this chapter or a

regulation prescribed under this chapter sufficient to justify the

inspection or impoundment in the circumstances stated in an

application for a warrant under this section.

(b) WARRANT REQUIREMENT AND ISSUANCE.—(1) Except as provided in paragraph (4) of this subsection, an inspection or impoundment under section 32706 of this title may be carried out only

after a warrant is obtained.

(2) A judge of a court of the United States or a State court

of record or a United States magistrate may issue a warrant for

an inspection or impoundment under section 32706 of this title

within the territorial jurisdiction of the court or magistrate. The

warrant must be based on an affidavit that—

(A) establishes probable cause to issue the warrant; and

(B) is sworn to before the judge or magistrate by an officer

or employee who knows the facts alleged in the affidavit.

(3) The judge or magistrate shall issue the warrant when

the judge or magistrate decides there is a reasonable basis for

believing that probable cause exists to issue the warrant. The

warrant must—

(A) identify the premises, property, or motor vehicle to

be inspected and the items or type of property to be impounded;

(B) state the purpose of the inspection, the basis for issuing

the warrant, and the name of the affiant;

(C) direct an individual authorized under section 32706

of this title to inspect the premises, property, or vehicle for

the purpose stated in the warrant and, when appropriate, to

impound the property specified in the warrant;

(D) direct that the warrant be served during the hours

specified in the warrant; and

(E) name the judge or magistrate with whom proof of

service is to be filed.

(4) A warrant under this section is not required when—
H. R. 1758—310

(A) the owner, operator, or agent in charge of the premises

consents;

(B) it is reasonable to believe that the mobility of the

motor vehicle to be inspected makes it impractical to obtain

a warrant;

(C) an application for a warrant cannot be made because

of an emergency;

(D) records are to be inspected and copied under section

32706(e)(1)(A) of this title; or

(E) a warrant is not constitutionally required.

(c) SERVICE AND IMPOUNDMENT OF PROPERTY.—(1) A warrant

issued under this section must be served and proof of service

filed not later than 10 days after its issuance date. The judge

or magistrate may allow additional time in the warrant if the

Secretary of Transportation demonstrates a need for additional

time. Proof of service must be filed promptly with a written inventory of the property impounded under the warrant. The inventory

shall be made in the presence of the individual serving the warrant

and the individual from whose possession or premises the property

was impounded, or if that individual is not present, a credible

individual except the individual making the inventory. The individual serving the warrant shall verify the inventory. On request,

the judge or magistrate shall send a copy of the inventory to

the individual from whose possession or premises the property

was impounded and to the applicant for the warrant.

(2) When property is impounded under a warrant, the individual serving the warrant shall—

(A) give the person from whose possession or premises

the property was impounded a copy of the warrant and a

receipt for the property; or

(B) leave the copy and receipt at the place from which

the property was impounded.

(3) The judge or magistrate shall file the warrant, proof of

service, and all documents filed about the warrant with the clerk

of the United States district court for the judicial district in which

the inspection is made.

§ 32708. Confidentiality of information

(a) GENERAL.—Information obtained by the Secretary of

Transportation under this chapter related to a confidential matter

referred to in section 1905 of title 18 may be disclosed only—

(1) to another officer or employee of the United States

Government for use in carrying out this chapter; or

(2) in a proceeding under this chapter. (b) WITHHOLDING INFORMATION FROM CONGRESS.—This section

does not authorize information to be withheld from a committee

of Congress authorized to have the information.

§ 32709. Penalties and enforcement

(a) CIVIL PENALTY.—(1) A person that violates this chapter

or a regulation prescribed or order issued under this chapter is

liable to the United States Government for a civil penalty of not

more than $2,000 for each violation. A separate violation occurs

for each motor vehicle or device involved in the violation. The

maximum penalty under this subsection for a related series of

violations is $100,000.
H. R. 1758—311

(2) The Secretary of Transportation shall impose a civil penalty

under this subsection. The Attorney General shall bring a civil

action to collect the penalty. Before referring a penalty claim to

the Attorney General, the Secretary may compromise the amount

of the penalty. Before compromising the amount of the penalty,

the Secretary shall give the person charged with a violation an

opportunity to establish that the violation did not occur.

(3) In determining the amount of a civil penalty under this

subsection, the Secretary shall consider—

(A) the nature, circumstances, extent, and gravity of the

violation;

(B) with respect to the violator, the degree of culpability,

any history of prior violations, the ability to pay, and any

effect on the ability to continue doing business; and

(C) other matters that justice requires.

(b) CRIMINAL PENALTY.—A person that knowingly and willfully

violates this chapter or a regulation prescribed or order issued

under this chapter shall be fined under title 18, imprisoned for

not more than 3 years, or both. If the person is a corporation,

the penalties of this subsection also apply to a director, officer,

or individual agent of a corporation who knowingly and willfully

authorizes, orders, or performs an act in violation of this chapter

or a regulation prescribed or order issued under this chapter without

regard to penalties imposed on the corporation.

(c) CIVIL ACTIONS BY ATTORNEY GENERAL.—The Attorney General may bring a civil action to enjoin a violation of this chapter

or a regulation prescribed or order issued under this chapter. The

action may be brought in the United States district court for the

judicial district in which the violation occurred or the defendant

is found, resides, or does business. Process in the action may be

served in any other judicial district in which the defendant resides

or is found. A subpena for a witness in the action may be served

in any judicial district. (d) CIVIL ACTIONS BY STATES.—(1) When a person violates

this chapter or a regulation prescribed or order issued under this

chapter, the chief law enforcement officer of the State in which

the violation occurs may bring a civil action— (A) to enjoin the violation; or

(B) to recover amounts for which the person is liable under

section 32710 of this title for each person on whose behalf

the action is brought.

(2) An action under this subsection may be brought in an

appropriate United States district court or in a State court of

competent jurisdiction. The action must be brought not later than

2 years after the claim accrues.

§ 32710. Civil actions by private persons

(a) VIOLATION AND AMOUNT OF DAMAGES.—A person that violates this chapter or a regulation prescribed or order issued under

this chapter, with intent to defraud, is liable for 3 times the actual

damages or $1,500, whichever is greater.

(b) CIVIL ACTIONS.—A person may bring a civil action to enforce

a claim under this section in an appropriate United States district

court or in another court of competent jurisdiction. The action

must be brought not later than 2 years after the claim accrues.

The court shall award costs and a reasonable attorney’s fee to

the person when a judgment is entered for that person.
H. R. 1758—312

§ 32711. Relationship to State law

Except to the extent that State law is inconsistent with this

chapter, this chapter does not—

(1) affect a State law on disconnecting, altering, or tampering with an odometer with intent to defraud; or

(2) exempt a person from complying with that law.

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.

§ 32901. Definitions

(a) GENERAL.—In this chapter—

(1) ‘‘alternative fuel’’ means—

(A) methanol;

(B) denatured ethanol;

(C) other alcohols;

(D) except as provided in subsection (b) of this section,

a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline

or other fuels;

(E) natural gas;

(F) liquefied petroleum gas;

(G) hydrogen;

(H) coal derived liquid fuels;

(I) fuels (except alcohol) derived from biological materials;

(J) electricity (including electricity from solar energy);

and

(K) any other fuel the Secretary of Transportation prescribes by regulation that is not substantially petroleum

and that would yield substantial energy security and

environmental benefits.

(2) ‘‘alternative fueled automobile’’ means an automobile

that is a—

(A) dedicated automobile; or

(B) dual fueled automobile.

(3) except as provided in section 32908 of this title, ‘‘automobile’’ means a 4-wheeled vehicle that is propelled by fuel,

or by alternative fuel, manufactured primarily for use on public

streets, roads, and highways (except a vehicle operated only

on a rail line), and rated at—

(A) not more than 6,000 pounds gross vehicle weight;

or
H. R. 1758—313

(B) more than 6,000, but less than 10,000, pounds

gross vehicle weight, if the Secretary decides by regulation

that—

(i) an average fuel economy standard under this

chapter for the vehicle is feasible; and

(ii) an average fuel economy standard under this

chapter for the vehicle will result in significant energy

conservation or the vehicle is substantially used for

the same purposes as a vehicle rated at not more

than 6,000 pounds gross vehicle weight.

(4) ‘‘automobile manufactured by a manufacturer’’ includes

every automobile manufactured by a person that controls, is

controlled by, or is under common control with the manufacturer, but does not include an automobile manufactured by

the person that is exported not later than 30 days after the

end of the model year in which the automobile is manufactured.

(5) ‘‘average fuel economy’’ means average fuel economy

determined under section 32904 of this title.

(6) ‘‘average fuel economy standard’’ means a performance

standard specifying a minimum level of average fuel economy

applicable to a manufacturer in a model year.

(7) ‘‘dedicated automobile’’ means an automobile that operates only on alternative fuel.

(8) ‘‘dual fueled automobile’’ means an automobile that—

(A) is capable of operating on alternative fuel and

on gasoline or diesel fuel;

(B) provides equal or superior energy efficiency, as

calculated for the applicable model year during fuel economy testing for the United States Government, when

operating on alternative fuel as when operating on gasoline

or diesel fuel;

(C) for model years 1993–1995 for an automobile

capable of operating on a mixture of an alternative fuel

and gasoline or diesel fuel and if the Administrator of

the Environmental Protection Agency decides to extend

the application of this subclause, for an additional period

ending not later than the end of the last model year to

which section 32905(b) and (d) of this title applies, provides

equal or superior energy efficiency, as calculated for the

applicable model year during fuel economy testing for the

Government, when operating on a mixture of alternative

fuel and gasoline or diesel fuel containing exactly 50 percent gasoline or diesel fuel as when operating on gasoline

or diesel fuel; and

(D) for a passenger automobile, meets or exceeds the

minimum driving range prescribed under subsection (c)

of this section.

(9) ‘‘fuel’’ means—

(A) gasoline;

(B) diesel oil; or

(C) other liquid or gaseous fuel that the Secretary

decides by regulation to include in this definition as consistent with the need of the United States to conserve energy.

(10) ‘‘fuel economy’’ means the average number of miles

traveled by an automobile for each gallon of gasoline (or equivalent amount of other fuel) used, as determined by the Administrator under section 32904(c) of this title.
H. R. 1758—314

(11) ‘‘import’’ means to import into the customs territory

of the United States.

(12) ‘‘manufacture’’ (except under section 32902(d) of this

title) means to produce or assemble in the customs territory

of the United States or to import.

(13) ‘‘manufacturer’’ means—

(A) a person engaged in the business of manufacturing

automobiles, including a predecessor or successor of the

person to the extent provided under regulations prescribed

by the Secretary; and

(B) if more than one person is the manufacturer of

an automobile, the person specified under regulations prescribed by the Secretary.

(14) ‘‘model’’ means a class of automobiles as decided by

regulation by the Administrator after consulting and coordinating with the Secretary.

(15) ‘‘model year’’, when referring to a specific calendar

year, means—

(A) the annual production period of a manufacturer,

as decided by the Administrator, that includes January

1 of that calendar year; or

(B) that calendar year if the manufacturer does not

have an annual production period.

(16) ‘‘passenger automobile’’ means an automobile that the

Secretary decides by regulation is manufactured primarily for

transporting not more than 10 individuals, but does not include

an automobile capable of off-highway operation that the Secretary decides by regulation—

(A) has a significant feature (except 4-wheel drive)

designed for off-highway operation; and

(B) is a 4-wheel drive automobile or is rated at more

than 6,000 pounds gross vehicle weight.

(b) AUTHORITY TO CHANGE PERCENTAGE.—The Secretary may

prescribe regulations changing the percentage referred to in subsection (a)(1)(D) of this section to not less than 70 percent because

of requirements relating to cold start, safety, or vehicle functions.

(c) MINIMUM DRIVING RANGES FOR DUAL FUELED PASSENGER

AUTOMOBILES.—(1) The Secretary shall prescribe by regulation the

minimum driving range that dual fueled automobiles that are passenger automobiles must meet when operating on alternative fuel

to be dual fueled automobiles under sections 32905 and 32906

of this title. A determination whether a dual fueled automobile

meets the minimum driving range requirement under this paragraph shall be based on the combined Agency city/highway fuel

economy as determined for average fuel economy purposes for those

automobiles.

(2)(A) The Secretary may prescribe a lower range for a specific

model than that prescribed under paragraph (1) of this subsection.

A manufacturer may petition for a lower range than that prescribed

under paragraph (1) for a specific model.

(B) The minimum driving range prescribed for dual fueled

automobiles (except electric automobiles) under subparagraph (A)

of this paragraph or paragraph (1) of this subsection must be

at least 200 miles.
H. R. 1758—315

(C) If the Secretary prescribes a minimum driving range of

200 miles for dual fueled automobiles (except electric automobiles)

under paragraph (1) of this subsection, subparagraph (A) of this

paragraph does not apply to dual fueled automobiles (except electric

automobiles).

(3) In prescribing a minimum driving range under paragraph

(1) of this subsection and in taking an action under paragraph

(2) of this subsection, the Secretary shall consider the purpose

set forth in section 3 of the Alternative Motor Fuels Act of 1988

(Public Law 100–494, 102 Stat. 2442), consumer acceptability, economic practicability, technology, environmental impact, safety,

drivability, performance, and other factors the Secretary considers

relevant.

§ 32902. Average fuel economy standards

(a) NON-PASSENGER AUTOMOBILES.—At least 18 months before

the beginning of each model year, the Secretary of Transportation

shall prescribe by regulation average fuel economy standards for

automobiles (except passenger automobiles) manufactured by a

manufacturer in that model year. Each standard shall be the maximum feasible average fuel economy level that the Secretary decides

the manufacturers can achieve in that model year. The Secretary

may prescribe separate standards for different classes of automobiles.

(b) PASSENGER AUTOMOBILES.—Except as provided in this section, the average fuel economy standard for passenger automobiles

manufactured by a manufacturer in a model year after model year

1984 shall be 27.5 miles a gallon. (c) AMENDING PASSENGER AUTOMOBILE STANDARDS.—(1) Subject to paragraph (2) of this subsection, the Secretary of Transportation may prescribe regulations amending the standard under

subsection (b) of this section for a model year to a level that

the Secretary decides is the maximum feasible average fuel economy

level for that model year. Section 553 of title 5 applies to a proceeding to amend the standard. However, any interested person may

make an oral presentation and a transcript shall be taken of that

presentation.

(2) If an amendment increases the standard above 27.5 miles

a gallon or decreases the standard below 26.0 miles a gallon, the

Secretary of Transportation shall submit the amendment to Congress. The procedures of section 551 of the Energy Policy and

Conservation Act (42 U.S.C. 6421) apply to an amendment, except

that the 15 calendar days referred to in section 551(c) and (d)

of the Act (42 U.S.C. 6421(c), (d)) are deemed to be 60 calendar

days, and the 5 calendar days referred to in section 551(f)(4)(A)

of the Act (42 U.S.C. 6421(f)(4)(A)) are deemed to be 20 calendar

days. If either House of Congress disapproves the amendment under

those procedures, the amendment does not take effect.

(d) EXEMPTIONS.—(1) Except as provided in paragraph (3) of

this subsection, on application of a manufacturer that manufactured

(whether in the United States or not) fewer than 10,000 passenger

automobiles in the model year 2 years before the model year for

which the application is made, the Secretary of Transportation

may exempt by regulation the manufacturer from a standard under

subsection (b) or (c) of this section. An exemption for a model

year applies only if the manufacturer manufactures (whether in

the United States or not) fewer than 10,000 passenger automobiles
H. R. 1758—316

in the model year. The Secretary may exempt a manufacturer

only if the Secretary—

(A) finds that the applicable standard under those subsections is more stringent than the maximum feasible average

fuel economy level that the manufacturer can achieve; and

(B) prescribes by regulation an alternative average fuel

economy standard for the passenger automobiles manufactured

by the exempted manufacturer that the Secretary decides is

the maximum feasible average fuel economy level for the manufacturers to which the alternative standard applies.

(2) An alternative average fuel economy standard the Secretary

of Transportation prescribes under paragraph (1)(B) of this subsection may apply to an individually exempted manufacturer, to

all automobiles to which this subsection applies, or to classes of

passenger automobiles, as defined under regulations of the Secretary, manufactured by exempted manufacturers.

(3) Notwithstanding paragraph (1) of this subsection, an

importer registered under section 30141(c) of this title may not

be exempted as a manufacturer under paragraph (1) for a motor

vehicle that the importer—

(A) imports; or

(B) brings into compliance with applicable motor vehicle

safety standards prescribed under chapter 301 of this title

for an individual under section 30142 of this title.

(4) The Secretary of Transportation may prescribe the contents

of an application for an exemption.

(e) EMERGENCY VEHICLES.—(1) In this subsection, ‘‘emergency

vehicle’’ means an automobile manufactured primarily for use—

(A) as an ambulance or combination ambulance-hearse;

(B) by the United States Government or a State or local

government for law enforcement; or

(C) for other emergency uses prescribed by regulation by

the Secretary of Transportation.

(2) A manufacturer may elect to have the fuel economy of

an emergency vehicle excluded in applying a fuel economy standard

under subsection (a), (b), (c), or (d) of this section. The election

is made by providing written notice to the Secretary of Transportation and to the Administrator of the Environmental Protection

Agency.

(f) CONSIDERATIONS ON DECISIONS ON MAXIMUM FEASIBLE

AVERAGE FUEL ECONOMY.—When deciding maximum feasible average fuel economy under this section, the Secretary of Transportation

shall consider technological feasibility, economic practicability, the

effect of other motor vehicle standards of the Government on fuel

economy, and the need of the United States to conserve energy.

(g) REQUIREMENTS FOR OTHER AMENDMENTS.—(1) The Secretary of Transportation may prescribe regulations amending an

average fuel economy standard prescribed under subsection (a) or

(d) of this section if the amended standard meets the requirements

of subsection (a) or (d), as appropriate.

(2) When the Secretary of Transportation prescribes an amendment under this section that makes an average fuel economy standard more stringent, the Secretary shall prescribe the amendment

(and submit the amendment to Congress when required under

subsection (c)(2) of this section) at least 18 months before the

beginning of the model year to which the amendment applies.
H. R. 1758—317

(h) LIMITATIONS.—In carrying out subsections (c), (f), and (g)

of this section, the Secretary of Transportation—

(1) may not consider the fuel economy of dedicated automobiles; and

(2) shall consider dual fueled automobiles to be operated

only on gasoline or diesel fuel.

(i) CONSULTATION.—The Secretary of Transportation shall consult with the Secretary of Energy in carrying out this section

and section 32903 of this title.

(j) SECRETARY OF ENERGY COMMENTS.—(1) Before issuing a

notice proposing to prescribe or amend an average fuel economy

standard under subsection (a), (c), or (g) of this section, the Secretary of Transportation shall give the Secretary of Energy at

least 10 days from the receipt of the notice during which the

Secretary of Energy may, if the Secretary of Energy concludes

that the proposed standard would adversely affect the conservation

goals of the Secretary of Energy, provide written comments to

the Secretary of Transportation about the impact of the standard

on those goals. To the extent the Secretary of Transportation does

not revise a proposed standard to take into account comments

of the Secretary of Energy on any adverse impact of the standard,

the Secretary of Transportation shall include those comments in

the notice.

(2) Before taking final action on a standard or an exemption

from a standard under this section, the Secretary of Transportation

shall notify the Secretary of Energy and provide the Secretary

of Energy a reasonable time to comment.

§ 32903. Credits for exceeding average fuel economy standards

(a) EARNING AND PERIOD FOR APPLYING CREDITS.—When the

average fuel economy of passenger automobiles manufactured by

a manufacturer in a particular model year exceeds an applicable

average fuel economy standard under section 32902(b)–(d) of this

title (determined by the Secretary of Transportation without regard

to credits under this section), the manufacturer earns credits. The

credits may be applied to— (1) any of the 3 consecutive model years immediately before

the model year for which the credits are earned; and (2) to the extent not used under clause (1) of this subsection,

any of the 3 consecutive model years immediately after the

model year for which the credits are earned.

(b) PERIOD OF AVAILABILITY AND PLAN FOR FUTURE CREDITS.— (1) Except as provided in paragraph (2) of this subsection, credits

under this section are available to a manufacturer at the end

of the model year in which earned.

(2)(A) Before the end of a model year, if a manufacturer has

reason to believe that its average fuel economy for passenger automobiles will be less than the applicable standard for that model

year, the manufacturer may submit a plan to the Secretary of

Transportation demonstrating that the manufacturer will earn sufficient credits under this section within the next 3 model years

to allow the manufacturer to meet that standard for the model

year involved. Unless the Secretary finds that the manufacturer

is unlikely to earn sufficient credits under the plan, the Secretary

shall approve the plan. Those credits are available for the model

year involved if—
H. R. 1758—318

(i) the Secretary approves the plan; and

(ii) the manufacturer earns those credits as provided by

the plan.

(B) If the average fuel economy of a manufacturer is less

than the applicable standard under section 32902(b)–(d) of this

title after applying credits under subsection (a)(1) of this section,

the Secretary of Transportation shall notify the manufacturer and

give the manufacturer a reasonable time (of at least 60 days)

to submit a plan.

(c) DETERMINING NUMBER OF CREDITS.—The number of credits

a manufacturer earns under this section equals the product of—

(1) the number of tenths of a mile a gallon by which

the average fuel economy of the passenger automobiles manufactured by the manufacturer in the model year in which the

credits are earned exceeds the applicable average fuel economy

standard under section 32902(b)–(d) of this title; times

(2) the number of passenger automobiles manufactured

by the manufacturer during that model year.

(d) APPLYING CREDITS FOR PASSENGER AUTOMOBILES.—The Secretary of Transportation shall apply credits to a model year on

the basis of the number of tenths of a mile a gallon by which

the manufacturer involved was below the applicable average fuel

economy standard for that model year and the number of passenger

automobiles manufactured that model year by the manufacturer.

Credits applied to a model year are no longer available for another

model year. Before applying credits, the Secretary shall give the

manufacturer written notice and reasonable opportunity to

comment.

(e) APPLYING CREDITS FOR NON-PASSENGER AUTOMOBILES.—

Credits for a manufacturer of automobiles that are not passenger

automobiles are earned and applied to a model year in which

the average fuel economy of that class of automobiles is below

the applicable average fuel economy standard under section

32902(a) of this title, to the same extent and in the same way

as provided in this section for passenger automobiles.

(f) REFUND OF COLLECTED PENALTY.—When a civil penalty

has been collected under this chapter from a manufacturer that

has earned credits under this section, the Secretary of the Treasury

shall refund to the manufacturer the amount of the penalty to

the extent the penalty is attributable to credits available under

this section.

§ 32904. Calculation of average fuel economy

(a) METHOD OF CALCULATION.—(1) The Administrator of the

Environmental Protection Agency shall calculate the average fuel

economy of a manufacturer subject to—

(A) section 32902(a) of this title in a way prescribed by

the Administrator; and

(B) section 32902(b)–(d) of this title by dividing—

(i) the number of passenger automobiles manufactured

by the manufacturer in a model year; by

(ii) the sum of the fractions obtained by dividing the

number of passenger automobiles of each model manufactured by the manufacturer in that model year by the fuel

economy measured for that model.
H. R. 1758—319

(2)(A) In this paragraph, ‘‘electric vehicle’’ means a vehicle

powered primarily by an electric motor drawing electrical current

from a portable source.

(B) If a manufacturer manufactures an electric vehicle, the

Administrator shall include in the calculation of average fuel economy under paragraph (1) of this subsection equivalent petroleum

based fuel economy values determined by the Secretary of Energy

for various classes of electric vehicles. The Secretary shall review

those values each year and determine and propose necessary revisions based on the following factors:

(i) the approximate electrical energy efficiency of the

vehicle, considering the kind of vehicle and the mission and

weight of the vehicle.

(ii) the national average electrical generation and transmission efficiencies.

(iii) the need of the United States to conserve all forms

of energy and the relative scarcity and value to the United

States of all fuel used to generate electricity.

(iv) the specific patterns of use of electric vehicles compared

to petroleum-fueled vehicles.

(b) SEPARATE CALCULATIONS FOR PASSENGER AUTOMOBILES

MANUFACTURED DOMESTICALLY AND NOT DOMESTICALLY.—(1) In

this subsection—

(A) a passenger automobile is deemed to be manufactured

domestically in a model year if at least 75 percent of the

cost to the manufacturer is attributable to value added in

the United States or Canada, unless the assembly of the automobile is completed in Canada and the automobile is imported

into the United States more than 30 days after the end of

the model year; and (B) the fuel economy of a passenger automobile that is

not manufactured domestically is deemed to be equal to the

average fuel economy of all passenger automobiles manufactured by the same manufacturer that are not manufactured

domestically.

(2)(A) Except as provided in paragraphs (4) and (5) of this

subsection, the Administrator shall make separate calculations

under subsection (a)(1)(B) of this section for—

(i) passenger automobiles manufactured domestically by a manufacturer (or included in this category under paragraph

(3) of this subsection); and

(ii) passenger automobiles not manufactured domestically by that manufacturer (or excluded from this category under

paragraph (3) of this subsection).

(B) Passenger automobiles described in subparagraph (A)(i)

and (ii) of this paragraph are deemed to be manufactured by separate manufacturers under this chapter.

(3)(A) A manufacturer may submit to the Secretary of Transportation for approval a plan, including supporting material, stating

the actions and the deadlines for taking the actions, that will

ensure that the model or models referred to in subparagraph (B)

of this paragraph will be manufactured domestically before the

end of the 4th model year covered by the plan. The Secretary

promptly shall consider and act on the plan. The Secretary shall

approve the plan unless—

(i) the Secretary finds that the plan is inadequate to meet

the requirements of this paragraph; or
H. R. 1758—320

(ii) the manufacturer previously has submitted a plan

approved by the Secretary under this paragraph.

(B) If the plan is approved, the Administrator shall include

under paragraph (2)(A)(i) and exclude under paragraph (2)(A)(ii)

of this subsection, for each of the 4 model years covered by the

plan, not more than 150,000 passenger automobiles manufactured

by that manufacturer but not qualifying as domestically manufactured if—

(i) the model or models involved previously have not been

manufactured domestically;

(ii) at least 50 percent of the cost to the manufacturer

of each of the automobiles is attributable to value added in

the United States or Canada;

(iii) the automobiles, if their assembly was completed in

Canada, are imported into the United States not later than

30 days after the end of the model year; and

(iv) the model or models are manufactured domestically

before the end of the 4th model year covered by the plan.

(4)(A) A manufacturer may file with the Secretary of Transportation a petition for an exemption from the requirement of separate

calculations under paragraph (2)(A) of this subsection if the manufacturer began automobile production or assembly in the United

States—

(i) after December 22, 1975, and before May 1, 1980; or

(ii) after April 30, 1980, if the manufacturer has engaged

in the production or assembly in the United States for at

least one model year ending before January 1, 1986.

(B) The Secretary of Transportation shall grant the exemption

unless the Secretary finds that the exemption would result in

reduced employment in the United States related to motor vehicle

manufacturing during the period of the exemption. An exemption

under this paragraph is effective for 5 model years or, if requested

by the manufacturer, a longer period provided by the Secretary

in the order granting the exemption. The exemption applies to

passenger automobiles manufactured by that manufacturer during

the period of the exemption.

(C) Before granting an exemption, the Secretary of Transportation shall provide notice of, and reasonable opportunity for, written or oral comment about the petition. The period for comment

shall end not later than 60 days after the petition is filed, except

that the Secretary may extend the period for not more than another

30 days. The Secretary shall decide whether to grant or deny

the exemption, and publish notice of the decision in the Federal

Register, not later than 90 days after the petition is filed, except

that the Secretary may extend the time for decision to a later

date (not later than 150 days after the petition is filed) if the

Secretary publishes notice of, and reasons for, the extension in

the Federal Register. If the Secretary does not make a decision

within the time provided in this subparagraph, the petition is

deemed to have been granted. Not later than 30 days after the

end of the decision period, the Secretary shall submit a written

statement of the reasons for not making a decision to the Committee

on Commerce, Science, and Transportation of the Senate and the

Committee on Energy and Commerce of the House of Representatives.

(5)(A) A person adversely affected by a decision of the Secretary

of Transportation granting or denying an exemption may file, not
H. R. 1758—321

later than 30 days after publication of the notice of the decision,

a petition for review in the United States Court of Appeals for

the District of Columbia Circuit. That court has exclusive jurisdiction to review the decision and to affirm, remand, or set aside

the decision under section 706(2)(A)–(D) of title 5.

(B) A judgment of the court under this subparagraph may

be reviewed by the Supreme Court under section 1254 of title

28. Application for review by the Supreme Court must be made

not later than 30 days after entry of the court’s judgment.

(C) A decision of the Secretary of Transportation on a petition

for an exemption under this paragraph may be reviewed administratively or judicially only as provided in this paragraph.

(6) Notwithstanding section 32903 of this title, during a model

year when an exemption under this paragraph is effective for a

manufacturer—

(A) credit may not be earned under section 32903(a) of

this title by the manufacturer; and

(B) credit may not be made available under section

32903(b)(2) of this title for the manufacturer.

(c) TESTING AND CALCULATION PROCEDURES.—The Administrator shall measure fuel economy for each model and calculate

average fuel economy for a manufacturer under testing and calculation procedures prescribed by the Administrator. However, except

under section 32908 of this title, the Administrator shall use the

same procedures for passenger automobiles the Administrator used

for model year 1975 (weighted 55 percent urban cycle and 45

percent highway cycle), or procedures that give comparable results.

A measurement of fuel economy or a calculation of average fuel

economy (except under section 32908) shall be rounded off to the

nearest .1 of a mile a gallon. The Administrator shall decide on

the quantity of other fuel that is equivalent to one gallon of gasoline.

To the extent practicable, fuel economy tests shall be carried out

with emissions tests under section 206 of the Clean Air Act (42

U.S.C. 7525).

(d) EFFECTIVE DATE OF PROCEDURE OR AMENDMENT.—The

Administrator shall prescribe a procedure under this section, or

an amendment (except a technical or clerical amendment) in a

procedure, at least 12 months before the beginning of the model

year to which the procedure or amendment applies. (e) REPORTS AND CONSULTATION.—The Administrator shall

report measurements and calculations under this section to the

Secretary of Transportation and shall consult and coordinate with

the Secretary in carrying out this section.

§ 32905. Manufacturing incentives for alternative fuel automobiles

(a) DEDICATED AUTOMOBILES.—Except as provided in subsection

(c) of this section or section 32904(a)(2) of this title, for any model

of dedicated automobile manufactured by a manufacturer after

model year 1992, the fuel economy measured for that model shall

be based on the fuel content of the alternative fuel used to operate

the automobile. A gallon of a liquid alternative fuel used to operate

a dedicated automobile is deemed to contain .15 gallon of fuel.

(b) DUAL FUELED AUTOMOBILES.—Except as provided in subsection (d) of this section or section 32904(a)(2) of this title, for

any model of dual fueled automobile manufactured by a manufacturer in model years 1993–2004, the Administrator of the Environ-
H. R. 1758—322

mental Protection Agency shall measure the fuel economy for that

model by dividing 1.0 by the sum of—

(1) .5 divided by the fuel economy measured under section

32904(c) of this title when operating the model on gasoline

or diesel fuel; and

(2) .5 divided by the fuel economy measured under subsection (a) of this section when operating the model on alternative fuel.

(c) GASEOUS FUEL DEDICATED AUTOMOBILES.—For any model

of gaseous fuel dedicated automobile manufactured by a manufacturer after model year 1992, the Administrator shall measure the

fuel economy for that model based on the fuel content of the gaseous

fuel used to operate the automobile. One hundred cubic feet of

natural gas is deemed to contain .823 gallon equivalent of natural

gas. The Secretary of Transportation shall determine the appropriate gallon equivalent of other gaseous fuels. A gallon equivalent

of gaseous fuel is deemed to have a fuel content of .15 gallon

of fuel.

(d) GASEOUS FUEL DUAL FUELED AUTOMOBILES.—For any model

of gaseous fuel dual fueled automobile manufactured by a manufacturer in model years 1993–2004, the Administrator shall measure

the fuel economy for that model by dividing 1.0 by the sum of—

(1) .5 divided by the fuel economy measured under section

32904(c) of this title when operating the model on gasoline

or diesel fuel; and

(2) .5 divided by the fuel economy measured under subsection (c) of this section when operating the model on gaseous

fuel.

(e) FUEL ECONOMY CALCULATIONS.—The Administrator shall

calculate the manufacturer’s average fuel economy under section

32904(a)(1) of this title for each model described under subsections

(a)–(d) of this section by using as the denominator the fuel economy

measured for each model under subsections (a)–(d).

(f) EXTENDING APPLICATION OF SUBSECTIONS (b) AND (d).—Not

later than December 31, 2001, the Secretary of Transportation

shall—

(1) extend by regulation the application of subsections (b) and (d) of this section for not more than 4 consecutive model

years immediately after model year 2004 and explain the basis

on which the extension is granted; or (2) publish a notice explaining the reasons for not extending the application of subsections (b) and (d) of this section.

(g) STUDY AND REPORT.—Not later than September 30, 2000,

the Secretary of Transportation, in consultation with the Secretary

of Energy and the Administrator, shall complete a study of the

success of the policy of subsections (b) and (d) of this title, and

submit to the Committees on Commerce, Science, and Transportation and Governmental Affairs of the Senate and the Committee

on Energy and Commerce of the House of Representatives a report

on the results of the study, including preliminary conclusions on

whether the application of subsections (b) and (d) should be

extended for up to 4 more model years. The study and conclusions

shall consider—

(1) the availability to the public of alternative fueled automobiles and alternative fuel;

(2) energy conservation and security;

(3) environmental considerations; and
H. R. 1758—323

(4) other relevant factors.

§ 32906. Maximum fuel economy increase for alternative fuel

automobiles

(a) MAXIMUM INCREASES.—(1)(A) For each of the model years

1993–2004 for each category of automobile (except an electric automobile), the maximum increase in average fuel economy for a manufacturer attributable to dual fueled automobiles is 1.2 miles a

gallon.

(B) If the application of section 32905(b) and (d) of this title

is extended under section 32905(f) of this title, for each category

of automobile (except an electric automobile) the maximum increase

in average fuel economy for a manufacturer for each of the model

years 2005–2008 attributable to dual fueled automobiles is .9 mile

a gallon.

(2) In applying paragraph (1) of this subsection, the Administrator of the Environmental Protection Agency shall determine the

increase in a manufacturer’s average fuel economy attributable

to dual fueled automobiles by subtracting from the manufacturer’s

average fuel economy calculated under section 32905(e) of this

title the number equal to what the manufacturer’s average fuel

economy would be if it were calculated by the formula in section

32904(a)(1) of this title by including as the denominator for each

model of dual fueled automobile the fuel economy when the automobiles are operated on gasoline or diesel fuel. If the increase

attributable to dual fueled automobiles for any model year

described—

(A) in paragraph (1)(A) of this subsection is more than 1.2 miles a gallon, the limitation in paragraph (1)(A) applies;

and

(B) in paragraph (1)(B) of this subsection is more than .9 mile a gallon, the limitation in paragraph (1)(B) applies.

(b) OFFSETS.—Notwithstanding this section and sections 32901(c) and 32905 of this title, if the Secretary of Transportation

reduces the average fuel economy standard for passenger automobiles for any model year below 27.5 miles a gallon, an increase

in average fuel economy for passenger automobiles of more than

.7 mile a gallon to which a manufacturer of dual fueled automobiles

would otherwise be entitled is reduced by an amount equal to

the amount of the reduction in the standard. However, the increase

may not be reduced to less than .7 mile a gallon.

§ 32907. Reports and tests of manufacturers

(a) MANUFACTURER REPORTS.—(1) A manufacturer shall report

to the Secretary of Transportation on—

(A) whether the manufacturer will comply with an

applicable average fuel economy standard under section 32902

of this title for the model year for which the report is made;

(B) the actions the manufacturer has taken or intends

to take to comply with the standard; and

(C) other information the Secretary requires by regulation.

(2) A manufacturer shall submit a report under paragraph

(1) of this subsection during the 30 days—

(A) before the beginning of each model year; and

(B) beginning on the 180th day of the model year.

(3) When a manufacturer decides that actions reported under

paragraph (1)(B) of this subsection are not sufficient to ensure
H. R. 1758—324

compliance with that standard, the manufacturer shall report to

the Secretary additional actions the manufacturer intends to take

to comply with the standard and include a statement about whether

those actions are sufficient to ensure compliance.

(4) This subsection does not apply to a manufacturer for a

model year for which the manufacturer is subject to an alternative

average fuel economy standard under section 32902(d) of this title.

(b) RECORDS, REPORTS, TESTS, INFORMATION, AND INSPECTION.—(1) Under regulations prescribed by the Secretary or the

Administrator of the Environmental Protection Agency to carry

out this chapter, a manufacturer shall keep records, make reports,

conduct tests, and provide items and information. On request and

display of proper credentials, an officer or employee designated

by the Secretary or Administrator may inspect automobiles and

records of the manufacturer. An inspection shall be made at a

reasonable time and in a reasonable way.

(2) The district courts of the United States may—

(A) issue an order enforcing a requirement or request under

paragraph (1) of this subsection; and

(B) punish a failure to obey the order as a contempt of

court.

§ 32908. Fuel economy information

(a) DEFINITIONS.—In this section—

(1) ‘‘automobile’’ includes an automobile rated at not more

than 8,500 pounds gross vehicle weight regardless of whether

the Secretary of Transportation has applied this chapter to

the automobile under section 32901(a)(3)(B) of this title.

(2) ‘‘dealer’’ means a person residing or located in a State,

the District of Columbia, or a territory or possession of the

United States, and engaged in the sale or distribution of new

automobiles to the first person (except a dealer buying as

a dealer) that buys the automobile in good faith other than

for resale.

(b) LABELING REQUIREMENTS AND CONTENTS.—(1) Under regulations of the Administrator of the Environmental Protection

Agency, a manufacturer of automobiles shall attach a label to

a prominent place on each automobile manufactured in a model

year. The dealer shall maintain the label. The label shall contain

the following information: (A) the fuel economy of the automobile.

(B) the estimated annual fuel cost of operating the automobile.

(C) the range of fuel economy of comparable automobiles

of all manufacturers.

(D) a statement that a booklet is available from the dealer

to assist in making a comparison of fuel economy of other

automobiles manufactured by all manufacturers in that model

year.

(E) the amount of the automobile fuel efficiency tax imposed

on the sale of the automobile under section 4064 of the Internal

Revenue Code of 1986 (26 U.S.C. 4064).

(F) other information required or authorized by the

Administrator that is related to the information required by

clauses (A)–(D) of this paragraph.

(2) The Administrator may allow a manufacturer to comply

with this subsection by—
H. R. 1758—325

(A) disclosing the information on the label required under

section 3 of the Automobile Information Disclosure Act (15

U.S.C. 1232); and

(B) including the statement required by paragraph (1)(E)

of this subsection at a time and in a way that takes into

account special circumstances or characteristics.

(3) For dedicated automobiles manufactured after model year

1992, the fuel economy of those automobiles under paragraph (1)(A)

of this subsection is the fuel economy for those automobiles when

operated on alternative fuel, measured under section 32905(a) or

(c) of this title, multiplied by .15. Each label required under paragraph (1) of this subsection for dual fueled automobiles shall—

(A) indicate the fuel economy of the automobile when operated on gasoline or diesel fuel;

(B) clearly identify the automobile as a dual fueled automobile;

(C) clearly identify the fuels on which the automobile may

be operated; and

(D) contain a statement informing the consumer that the

additional information required by subsection (c)(2) of this section is published and distributed by the Secretary of Energy.

(c) FUEL ECONOMY INFORMATION BOOKLET.—(1) The Administrator shall prepare the booklet referred to in subsection (b)(1)(D)

of this section. The booklet—

(A) shall be simple and readily understandable;

(B) shall contain information on fuel economy and estimated annual fuel costs of operating automobiles manufactured

in each model year; and

(C) may contain information on geographical or other differences in estimated annual fuel costs.

(2)(A) For dual fueled automobiles manufactured after model

year 1992, the booklet published under paragraph (1) shall contain

additional information on—

(i) the energy efficiency and cost of operation of those

automobiles when operated on gasoline or diesel fuel as compared to those automobiles when operated on alternative fuel;

and

(ii) the driving range of those automobiles when operated

on gasoline or diesel fuel as compared to those automobiles

when operated on alternative fuel.

(B) For dual fueled automobiles, the booklet published under

paragraph (1) also shall contain—

(i) information on the miles a gallon achieved by the automobiles when operated on alternative fuel; and

(ii) a statement explaining how the information made available under this paragraph can be expected to change when

the automobile is operated on mixtures of alternative fuel and

gasoline or diesel fuel.

(3) The Secretary of Energy shall publish and distribute the

booklet. The Administrator shall prescribe regulations requiring

dealers to make the booklet available to prospective buyers.

(d) DISCLOSURE.—A disclosure about fuel economy or estimated

annual fuel costs under this section does not establish a warranty

under a law of the United States or a State.

(e) VIOLATIONS.—A violation of subsection (b) of this section

is—
H. R. 1758—326

(1) a violation of section 3 of the Automobile Information

Disclosure Act (15 U.S.C. 1232); and

(2) an unfair or deceptive act or practice in or affecting

commerce under the Federal Trade Commission Act (15 U.S.C.

41 et seq.), except sections 5(m) and 18 (15 U.S.C. 45(m),

57a).

(f) CONSULTATION.—The Administrator shall consult with the

Federal Trade Commission and the Secretaries of Transportation

and Energy in carrying out this section.

§ 32909. Judicial review of regulations

(a) FILING AND VENUE.—(1) A person that may be adversely

affected by a regulation prescribed in carrying out section 32901–

32904 or 32908 of this title may apply for review of the regulation

by filing a petition for review in the United States Court of Appeals

for the District of Columbia Circuit or in the court of appeals

of the United States for the circuit in which the person resides

or has its principal place of business.

(2) A person adversely affected by a regulation prescribed under

section 32912(c)(1) of this title may apply for review of the regulation by filing a petition for review in the court of appeals of the

United States for the circuit in which the person resides or has

its principal place of business.

(b) TIME FOR FILING AND JUDICIAL PROCEDURES.—The petition

must be filed not later than 59 days after the regulation is prescribed, except that a petition for review of a regulation prescribing

an amendment of a standard submitted to Congress under section

32902(c)(2) of this title must be filed not later than 59 days after

the end of the 60-day period referred to in section 32902(c)(2).

The clerk of the court shall send immediately a copy of the petition

to the Secretary of Transportation or the Administrator of the

Environmental Protection Agency, whoever prescribed the regulation. The Secretary or the Administrator shall file with the court

a record of the proceeding in which the regulation was prescribed. (c) ADDITIONAL PROCEEDINGS.—(1) When reviewing a regulation under subsection (a)(1) of this section, the court, on request of

the petitioner, may order the Secretary or the Administrator to

receive additional submissions if the court is satisfied the additional

submissions are material and there were reasonable grounds for

not presenting the submissions in the proceeding before the Secretary or Administrator. (2) The Secretary or the Administrator may amend or set

aside the regulation, or prescribe a new regulation because of the

additional submissions presented. The Secretary or Administrator

shall file an amended or new regulation and the additional submissions with the court. The court shall review a changed or new

regulation.

(d) SUPREME COURT REVIEW AND ADDITIONAL REMEDIES.—A

judgment of a court under this section may be reviewed only by

the Supreme Court under section 1254 of title 28. A remedy under

subsections (a)(1) and (c) of this section is in addition to any

other remedies provided by law.

§ 32910. Administrative

(a) GENERAL POWERS.—(1) In carrying out this chapter, the

Secretary of Transportation or the Administrator of the Environmental Protection Agency may—
H. R. 1758—327

(A) inspect and copy records of any person at reasonable

times;

(B) order a person to file written reports or answers to

specific questions, including reports or answers under oath;

and

(C) conduct hearings, administer oaths, take testimony,

and subpena witnesses and records the Secretary or Administrator considers advisable.

(2) A witness summoned under paragraph (1)(C) of this subsection is entitled to the same fee and mileage the witness would

have been paid in a court of the United States.

(b) CIVIL ACTIONS TO ENFORCE.—A civil action to enforce a

subpena or order of the Secretary or Administrator under subsection

(a) of this section may be brought in the district court of the

United States for the judicial district in which the proceeding by

the Secretary or Administrator was conducted. The court may punish a failure to obey an order of the court to comply with the

subpena or order of the Secretary or Administrator as a contempt

of court.

(c) DISCLOSURE OF INFORMATION.—The Secretary and the

Administrator each shall disclose information obtained under this

chapter (except information obtained under section 32904(c) of this

title) under section 552 of title 5. However, the Secretary or

Administrator may withhold information under section 552(b)(4)

of title 5 only if the Secretary or Administrator decides that disclosure of the information would cause significant competitive damage.

A matter referred to in section 552(b)(4) and relevant to an administrative or judicial proceeding under this chapter may be disclosed

in that proceeding. A measurement or calculation under section

32904(c) of this title shall be disclosed under section 552 of title

5 without regard to section 552(b). (d) REGULATIONS.—The Administrator may prescribe regulations to carry out duties of the Administrator under this chapter.

§ 32911. Compliance

(a) GENERAL.—A person commits a violation if the person fails

to comply with this chapter and regulations and standards prescribed and orders issued under this chapter (except sections 32902,

32903, 32908(b), and 32917(b) and regulations and standards prescribed and orders issued under those sections). The Secretary

of Transportation shall conduct a proceeding, with an opportunity

for a hearing on the record, to decide whether a person has committed a violation. Any interested person may participate in a proceeding under this subsection. (b) AUTOMOBILE MANUFACTURERS.—A manufacturer of automobiles commits a violation if the manufacturer fails to comply

with an applicable average fuel economy standard under section

32902 of this title. Compliance is determined after considering

credits available to the manufacturer under section 32903 of this

title. If average fuel economy calculations under section 32904(c)

of this title indicate that a manufacturer has violated this subsection, the Secretary shall conduct a proceeding, with an opportunity for a hearing on the record, to decide whether a violation

has been committed. The Secretary may not conduct the proceeding

if further measurements of fuel economy, further calculations of

average fuel economy, or other information indicates a violation

has not been committed. The results of the measurements and
H. R. 1758—328

calculations and the information shall be published in the Federal

Register. Any interested person may participate in a proceeding

under this subsection.

§ 32912. Civil penalties

(a) GENERAL PENALTY.—A person that violates section 32911(a)

of this title is liable to the United States Government for a civil

penalty of not more than $10,000 for each violation. A separate

violation occurs for each day the violation continues.

(b) PENALTY FOR MANUFACTURER VIOLATIONS OF FUEL ECONOMY STANDARDS.—Except as provided in subsection (c) of this section, a manufacturer that violates a standard prescribed for a

model year under section 32902 of this title is liable to the Government for a civil penalty of $5 multiplied by each .1 of a mile

a gallon by which the applicable average fuel economy standard

under that section exceeds the average fuel economy—

(1) calculated under section 32904(a)(1)(A) or (B) of this

title for automobiles to which the standard applies manufactured by the manufacturer during the model year;

(2) multiplied by the number of those automobiles; and

(3) reduced by the credits available to the manufacturer

under section 32903 of this title for the model year.

(c) HIGHER PENALTY AMOUNTS.—(1)(A) The Secretary of

Transportation shall prescribe by regulation a higher amount for

each .1 of a mile a gallon to be used in calculating a civil penalty

under subsection (b) of this section, if the Secretary decides that

the increase in the penalty—

(i) will result in, or substantially further, substantial

energy conservation for automobiles in model years in which

the increased penalty may be imposed; and (ii) will not have a substantial deleterious impact on the

economy of the United States, a State, or a region of a State.

(B) The amount prescribed under subparagraph (A) of this

paragraph may not be more than $10 for each .1 of a mile a

gallon. (C) The Secretary may make a decision under subparagraph (A)(ii) of this paragraph only when the Secretary decides that

it is likely that the increase in the penalty will not— (i) cause a significant increase in unemployment in a State

or a region of a State; (ii) adversely affect competition; or

(iii) cause a significant increase in automobile imports. (D) A higher amount prescribed under subparagraph (A) of

this paragraph is effective for the model year beginning at least

18 months after the regulation stating the higher amount becomes

final.

(2) The Secretary shall publish in the Federal Register a proposed regulation under this subsection and a statement of the

basis for the regulation and provide each manufacturer of automobiles a copy of the proposed regulation and the statement. The

Secretary shall provide a period of at least 45 days for written

public comments on the proposed regulation. The Secretary shall

submit a copy of the proposed regulation to the Federal Trade

Commission and request the Commission to comment on the proposed regulation within that period. After that period, the Secretary

shall give interested persons and the Commission an opportunity

at a public hearing to present oral information, views, and argu-
H. R. 1758—329

ments and to direct questions about disputed issues of material

fact to—

(A) other interested persons making oral presentations;

(B) employees and contractors of the Government that

made written comments or an oral presentation or participated

in the development or consideration of the proposed regulation;

and

(C) experts and consultants that provided information to

a person that the person includes, or refers to, in an oral

presentation.

(3) The Secretary may restrict the questions of an interested

person and the Commission when the Secretary decides that the

questions are duplicative or not likely to result in a timely and

effective resolution of the issues. A transcript shall be kept of

a public hearing under this subsection. A copy of the transcript

and written comments shall be available to the public at the cost

of reproduction.

(4) The Secretary shall publish a regulation prescribed under

this subsection in the Federal Register with the decisions required

under paragraph (1) of this subsection.

(5) An officer or employee of a department, agency, or

instrumentality of the Government violates section 1905 of title

18 by disclosing, except in an in camera proceeding by the Secretary

or a court, information—

(A) provided to the Secretary or the court during consideration or review of a regulation prescribed under this subsection;

and

(B) decided by the Secretary to be confidential under section 11(d) of the Energy Supply and Environmental Coordination

Act of 1974 (15 U.S.C. 796(d)).

(d) WRITTEN NOTICE REQUIREMENT.—The Secretary shall

impose a penalty under this section by written notice.

§ 32913. Compromising and remitting civil penalties

(a) GENERAL AUTHORITY AND LIMITATIONS.—The Secretary of

Transportation may compromise or remit the amount of a civil

penalty imposed under section 32912(a) or (b) of this title. However,

the amount of a penalty imposed under section 32912(b) may be

compromised or remitted only to the extent— (1) necessary to prevent the insolvency or bankruptcy of

the manufacturer of automobiles;

(2) the manufacturer shows that the violation was caused

by an act of God, a strike, or a fire; or (3) the Federal Trade Commission certifies under subsection (b)(1) of this section that a reduction in the penalty

is necessary to prevent a substantial lessening of competition.

(b) PENALTY REDUCTION BY COMMISSION.—(1) A manufacturer

liable for a civil penalty under section 32912(b) of this title may

apply to the Commission for a certification that the penalty should

be reduced to prevent a substantial lessening of competition in

the segment of the motor vehicle industry subject to the standard

that was violated. The Commission shall make the certification

when it finds that reduction is necessary to prevent the lessening.

The Commission shall state in the certification the maximum

amount by which the penalty may be reduced.

(2) An application under this subsection must be made not

later than 30 days after the Secretary decides that the manufacturer
H. R. 1758—330

has violated section 32911(b) of this title. To the maximum extent

practicable, the Commission shall make a decision on an application

by the 90th day after the application is filed. A proceeding under

this subsection may not delay the manufacturer’s liability for the

penalty for more than 90 days after the application is filed.

(3) When a civil penalty is collected in a civil action under

this chapter before a decision of the Commission under this subsection is final, the payment shall be paid to the court in which

the action was brought. The court shall deposit the payment in

the general fund of the Treasury on the 90th day after the decision

of the Commission becomes final. When the court is holding payment of a penalty reduced under subsection (a)(3) of this section,

the Secretary shall direct the court to remit the appropriate amount

of the penalty to the manufacturer.

§ 32914. Collecting civil penalties

(a) CIVIL ACTIONS.—If a person does not pay a civil penalty

after it becomes a final order of the Secretary of Transportation

or a judgment of a court of appeals of the United States for a

circuit, the Attorney General shall bring a civil action in an appropriate district court of the United States to collect the penalty.

The validity and appropriateness of the final order imposing the

penalty is not reviewable in the action.

(b) PRIORITY OF CLAIMS.—A claim of a creditor against a bankrupt or insolvent manufacturer of automobiles has priority over

a claim of the United States Government against the manufacturer

for a civil penalty under section 32912(b) of this title when the

creditor’s claim is for credit extended before a final judgment (without regard to section 32913(b)(1) and (2) of this title) in an action

to collect under subsection (a) of this section.

§ 32915. Appealing civil penalties

Any interested person may appeal a decision of the Secretary of Transportation to impose a civil penalty under section 32912(a)

or (b) of this title, or of the Federal Trade Commission under

section 32913(b)(1) of this title, in the United States Court of

Appeals for the District of Columbia Circuit or in the court of

appeals of the United States for the circuit in which the person

resides or has its principal place of business. A person appealing

a decision must file a notice of appeal with the court not later

than 30 days after the decision and, at the same time, send a

copy of the notice by certified mail to the Secretary or the Commission. The Secretary or the Commission promptly shall file with

the court a certified copy of the record of the proceeding in which

the decision was made.

§ 32916. Reports to Congress

(a) ANNUAL REPORT.—Not later than January 15 of each year,

the Secretary of Transportation shall submit to each House of

Congress, and publish in the Federal Register, a report on the

review by the Secretary of average fuel economy standards prescribed under this chapter.

(b) JOINT EXAMINATIONS AFTER GRANTING EXEMPTIONS.—(1)

After an exemption has been granted under section 32904(b)(4)

of this title, the Secretaries of Transportation and Labor shall

conduct annually a joint examination of the extent to which section

32904(b)(4)—
H. R. 1758—331

(A) achieves the purposes of this chapter;

(B) improves fuel efficiency (thereby facilitating conservation of petroleum and reducing petroleum imports);

(C) has promoted employment in the United States related

to automobile manufacturing;

(D) has not caused unreasonable harm to the automobile

manufacturing sector in the United States; and

(E) has permitted manufacturers that have assembled passenger automobiles deemed to be manufactured domestically

under section 32904(b)(1)(A) of this title thereafter to assemble

in the United States passenger automobiles of the same model

that have less than 75 percent of their value added in the

United States or Canada, together with the reasons.

(2) The Secretary of Transportation shall include the results

of the examination under paragraph (1) of this subsection in each

report submitted under subsection (a) of this section more than

180 days after an exemption has been granted under section

32904(b)(4) of this title, or submit the results of the examination

directly to Congress before the report is submitted when circumstances warrant.

§ 32917. Standards for executive agency automobiles

(a) DEFINITION.—In this section, ‘‘executive agency’’ has the

same meaning given that term in section 105 of title 5.

(b) FLEET AVERAGE FUEL ECONOMY.—(1) The President shall

prescribe regulations that require passenger automobiles leased

for at least 60 consecutive days or bought by executive agencies

in a fiscal year to achieve a fleet average fuel economy (determined

under paragraph (2) of this subsection) for that year of at least

the greater of— (A) 18 miles a gallon; or

(B) the applicable average fuel economy standard under section 32902(b) or (c) of this title for the model year that

includes January 1 of that fiscal year.

(2) Fleet average fuel economy is— (A) the total number of passenger automobiles leased for

at least 60 consecutive days or bought by executive agencies

in a fiscal year (except automobiles designed for combat-related

missions, law enforcement work, or emergency rescue work);

divided by (B) the sum of the fractions obtained by dividing the number of automobiles of each model leased or bought by the

fuel economy of that model.

§ 32918. Preemption

(a) GENERAL.—When an average fuel economy standard prescribed under this chapter is in effect, a State or a political subdivision of a State may not adopt or enforce a law or regulation

related to fuel economy standards or average fuel economy standards for automobiles covered by an average fuel economy standard

under this chapter.

(b) REQUIREMENTS MUST BE IDENTICAL.—When a requirement

under section 32908 of this title is in effect, a State or a political

subdivision of a State may adopt or enforce a law or regulation

on disclosure of fuel economy or fuel operating costs for an automobile covered by section 32908 only if the law or regulation is

identical to that requirement.
H. R. 1758—332

(c) STATE AND POLITICAL SUBDIVISION AUTOMOBILES.—A State

or a political subdivision of a State may prescribe requirements

for fuel economy for automobiles obtained for its own use.

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.

33118. Preemption of State and local law.

§ 33101. Definitions

In this chapter—

(1) ‘‘chop shop’’ means a building, lot, facility, or other

structure or premise at which at least one person engages

in receiving, concealing, destroying, disassembling, dismantling,

reassembling, or storing a passenger motor vehicle or passenger

motor vehicle part that has been unlawfully obtained—

(A) to alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identity of the vehicle

or part, including the vehicle identification number or a

derivative of that number; and

(B) to distribute, sell, or dispose of the vehicle or part

in interstate or foreign commerce.

(2) ‘‘covered major part’’ means a major part selected under

sections 33102(c)(1) and 33104 of this title for coverage by

the vehicle theft prevention standard prescribed under section

33102 or 33103.

(3) ‘‘existing line’’ means a line introduced into commerce

before January 1, 1990.

(4) ‘‘first purchaser’’ means the person making the first

purchase other than for resale.

(5) ‘‘line’’ means a name that a manufacturer of motor

vehicles applies to a group of motor vehicle models of the

same make that have the same body or chassis, or otherwise

are similar in construction or design.

(6) ‘‘major part’’ means—

(A) the engine;

(B) the transmission;

(C) each door to the passenger compartment;

(D) the hood;

(E) the grille;

(F) each bumper;

(G) each front fender;

(H) the deck lid, tailgate, or hatchback;

(I) each rear quarter panel;
H. R. 1758—333

(J) the trunk floor pan;

(K) the frame or, for a unitized body, the supporting

structure serving as the frame; and

(L) any other part of a passenger motor vehicle that

the Secretary of Transportation by regulation specifies as

comparable in design or function to any of the parts listed

in subclauses (A)–(K) of this clause.

(7) ‘‘major replacement part’’ means a major part that

is—

(A) an original major part in or on a completed motor

vehicle and customized or modified after manufacture of

the vehicle but before the time of its delivery to the first

purchaser; or

(B) not installed in or on a motor vehicle at the time

of its delivery to the first purchaser and the equitable

or legal title to the vehicle has not been transferred to

a first purchaser.

(8) ‘‘model year’’ has the same meaning given that term

in section 32901(a) of this title.

(9) ‘‘new line’’ means a line introduced into commerce after

December 31, 1989.

(10) ‘‘passenger motor vehicle’’ includes a multipurpose passenger vehicle or light duty truck when that vehicle or truck

is rated at not more than 6,000 pounds gross vehicle weight.

(11) ‘‘vehicle theft prevention standard’’ means a minimum

performance standard for identifying major parts of new motor

vehicles and major replacement parts by inscribing or affixing

numbers or symbols on those parts.

§ 33102. Theft prevention standard for high theft lines

(a) GENERAL.—(1) The Secretary of Transportation by regulation shall prescribe a vehicle theft prevention standard that conforms to the requirements of this chapter. The standard shall apply

to—

(A) covered major parts that manufacturers install in passenger motor vehicles in lines designated under section 33104

of this title as high theft lines; and

(B) major replacement parts for the major parts described

in clause (A) of this paragraph.

(2) The standard may apply only to—

(A) major parts that manufacturers install in passenger

motor vehicles having a model year designation later than

the calendar year in which the standard takes effect; and

(B) major replacement parts manufactured after the standard takes effect.

(b) STANDARD REQUIREMENTS.—The standard shall be practicable and provide relevant objective criteria.

(c) LIMITATIONS ON MAJOR PART AND REPLACEMENT PART

STANDARDS.—(1) For a major part installed by the manufacturer

of the motor vehicle, the standard may not require a part to have

more than one identification.

(2) For a major replacement part, the standard may not

require—

(A) identification of a part not designed as a replacement

for a major part required to be identified under the standard;

or
H. R. 1758—334

(B) the inscribing or affixing of identification except a symbol identifying the manufacturer and a common symbol identifying the part as a major replacement part.

(d) RECORDS AND REPORTS.—This chapter does not authorize

the Secretary to require a person to keep records or make reports,

except as provided in sections 33104(c), 33106(c), 33108(a), and

33112 of this title.

§ 33103. Theft prevention standard for other lines

(a) GENERAL.—Not later than October 25, 1994, the Secretary

of Transportation shall prescribe a vehicle theft standard that conforms to the requirements of this chapter for covered major parts

that manufacturers install in passenger motor vehicles (except light

duty trucks) in not more than 50 percent of the lines not designated

under section 33104 of this title as high theft lines.

(b) EXTENSION OF APPLICATION.—(1) Not later than 3 years

after the standard is prescribed under subsection (a) of this section

and based on the finding of the Attorney General under subsection

(c) of this section to apply the standard, the Secretary shall apply

that standard to covered major parts and major replacement parts

for covered parts that manufacturers install in the lines of passenger motor vehicles (except light duty trucks)—

(A) not designated under section 33104 of this title as

high theft lines; and

(B) not covered by the standard prescribed under subsection

(a) of this section.

(2) The Secretary shall include as part of the regulatory

proceeding under this subsection the finding of, and the record

developed by, the Attorney General under subsection (c) of this

section.

(c) INITIAL REVIEW OF EFFECTIVENESS.—Before the Secretary begins a regulatory proceeding under subsection (b) of this section,

the Attorney General shall make a finding that the Secretary shall

apply the standard prescribed under subsection (a) of this section

unless the Attorney General finds, based on information collected

and analyzed under section 33112 of this title and other information

the Attorney General develops after providing notice and an opportunity for a public hearing, that applying the standard prescribed

in subsection (a) to the remaining lines of passenger motor vehicles

(except light duty trucks) not covered by that standard would not

substantially inhibit chop shop operations and motor vehicle thefts.

The Attorney General also shall consider and include in the record

additional costs, effectiveness, competition, and available alternative factors. The Attorney General shall submit to the Secretary

the finding and record on which the finding is based.

(d) LONG RANGE REVIEW OF EFFECTIVENESS.—(1) Not later

than December 31, 1999, the Attorney General shall make separate

findings, after notice and an opportunity for a public hearing,

on the following:

(A) whether the application of the standard under subsection (a) or (b) of this subsection, or both, have been effective

in substantially inhibiting the operation of chop shops and

motor vehicle theft.

(B) whether the anti-theft devices for which the Secretary

has granted exemptions under section 33106 of this title are

an effective substitute for parts marking in substantially inhibiting motor vehicle theft.
H. R. 1758—335

(2)(A) In making the finding under paragraph (1)(A) of this

subsection, the Attorney General shall—

(i) consider the additional cost, competition, and available

alternatives;

(ii) base that finding on information collected and analyzed

under section 33112 of this title;

(iii) consider the effectiveness, the extent of use, and the

extent to which civil and criminal penalties under section

33115(b) of this title and section 2322 of title 18 on chop

shops have been effective in substantially inhibiting operation

of chop shops and motor vehicle theft;

(iv) base that finding on the 3-year and 5-year reports

issued by the Secretary under section 33113 of this title; and

(v) base that finding on other information the Attorney

General develops and includes in the public record.

(B) The Attorney General shall submit a finding under paragraph (1)(A) of this subsection promptly to the Secretary. If the

Attorney General finds that the application of the standard under

subsection (a) or (b) of this section, or both, has not been effective,

the Secretary shall issue, not later than 180 days after receiving

that finding, an order terminating the standard the Attorney General found was ineffective. The termination is effective for the

model year beginning after the order is issued.

(3) In making a finding under paragraph (1)(B) of this subsection, the Secretary shall consider the additional cost, competition,

and available alternatives. If the Attorney General finds that the

anti-theft devices are an effective substitute, the Secretary shall

continue to grant exemptions under section 33106 of this title

for the model years after model year 2000 at one of the following

levels that the Attorney General decides: at the level authorized

before October 25, 1992, or at the level provided in section

33106(b)(2)(C) of this title for model year 2000.

(e) EFFECTIVE DATE OF STANDARD.—A standard prescribed

under this section takes effect at least 6 months after the date

the standard is prescribed, except that the Secretary may prescribe

an earlier effective date if the Secretary—

(1) decides with good cause that the earlier date is in

the public interest; and

(2) publishes the reasons for the decision.

(f) NOTIFICATION OF CONGRESS.—The Secretary and the Attorney General shall inform the appropriate legislative committees

of Congress with jurisdiction over this part and section 2322 of

title 18 of actions taken or planned under this section.

§ 33104. Designation of high theft vehicle lines and parts

(a) DESIGNATION, NONAPPLICATION, SELECTION, AND PROCEDURES.—(1) For purposes of the standard under section 33102 of

this title, the following are high theft lines:

(A) a passenger motor vehicle line determined under subsection (b) of this section to have had a new passenger motor

vehicle theft rate in the 2-year period covering calendar years

1990 and 1991 greater than the median theft rate for all

new passenger motor vehicle thefts in that 2-year period.

(B) a passenger motor vehicle line initially introduced into

commerce in the United States after December 31, 1989, that

is selected under paragraph (3) of this subsection as likely
H. R. 1758—336

to have a theft rate greater than the median theft rate referred

to in clause (A) of this paragraph.

(C) subject to paragraph (2) of this subsection, a passenger

motor vehicle line having (for existing lines) or likely to have

(for new lines) a theft rate below the median theft rate referred

to in clause (A) of this paragraph, if the major parts in the

vehicles are selected under paragraph (3) of this subsection

as interchangeable with the majority of the major parts that

are subject to the standard and are contained in the motor

vehicles of a line described in clause (A) or (B) of this paragraph.

(2) The standard may not apply to any major part of a line

described in paragraph (1)(C) of this subsection if all the passenger

motor vehicles of lines that are, or are likely to be, below the

median theft rate, and that contain parts interchangeable with

the major parts of the line involved, account (for existing lines),

or the Secretary of Transportation determines they are likely to

account (for new lines), for more than 90 percent of the total

annual production of all lines of that manufacturer containing those

interchangeable parts.

(3) The lines, and the major parts of the passenger motor

vehicles in those lines, that are to be subject to the standard

may be selected by agreement between the manufacturer and the

Secretary. If the manufacturer and the Secretary disagree on the

selection, the Secretary shall select the lines and parts, after notice

to the manufacturer and opportunity for written comment, and

subject to the confidentiality requirements of this chapter.

(4) To the maximum extent practicable, the Secretary shall

prescribe reasonable procedures designed to ensure that a selection

under paragraph (3) of this subsection is made at least 6 months

before the first applicable model year beginning after the selection. (5) A manufacturer may not be required to comply with the standard under a selection under paragraph (3) of this subsection

for a model year beginning earlier than 6 months after the date

of the selection.

(6) A passenger motor vehicle line subject on October 25, 1992,

to parts marking requirements under sections 602 and 603 of the

Motor Vehicle Information and Cost Savings Act (Public Law 92–

513, 86 Stat. 947), as added by section 101(a) of the Motor Vehicle

Theft Law Enforcement Act of 1984 (Public Law 98–547, 98 Stat.

2756), continues to be subject to the requirements of this section

and section 33102 of this title unless the line is exempted under

section 33106 of this title.

(b) DETERMINING THEFT RATE FOR PASSENGER VEHICLES.—(1)

In this subsection, ‘‘new passenger motor vehicle thefts’’, when

used in reference to a calendar year, means thefts in the United

States in that year of passenger motor vehicles with the same

model-year designation as that calendar year.

(2) Under subsection (a) of this section, the theft rate for

passenger motor vehicles of a line shall be determined by a fraction—

(A) the numerator of which is the number of new passenger

motor vehicle thefts for that line during the 2-year period

referred to in subsection (a)(1)(A) of this section; and

(B) the denominator of which is the sum of the respective

production volumes of all passenger motor vehicles of that

line (as reported to the Administrator of the Environmental

Protection Agency under chapter 329 of this title) that are
H. R. 1758—337

of model years 1990 and 1991 and are distributed for sale

in commerce in the United States.

(3) Under subsection (a) of this section, the median theft rate

for all new passenger motor vehicle thefts during that 2-year period

is the theft rate midway between the highest and the lowest theft

rates determined under paragraph (2) of this subsection. If there

is an even number of theft rates determined under paragraph

(2), the median theft rate is the arithmetic average of the 2 adjoining theft rates midway between the highest and the lowest of

those theft rates.

(4) In consultation with the Director of the Federal Bureau

of Investigation, the Secretary periodically shall obtain from the

most reliable source accurate and timely theft and recovery information and publish the information for review and comment. To the

greatest extent possible, the Secretary shall use theft information

reported by United States Government, State, and local police.

After publication and opportunity for comment, the Secretary shall

use the theft information to determine the median theft rate under

this subsection. The Secretary and the Director shall take any

necessary actions to improve the accuracy, reliability, and timeliness

of the information, including ensuring that vehicles represented

as stolen are really stolen.

(5) The Secretary periodically (but not more often than once

every 2 years) may redetermine and prescribe by regulation the

median theft rate under this subsection.

(c) PROVIDING INFORMATION.—The Secretary by regulation shall

require each manufacturer to provide information necessary to

select under subsection (a)(3) of this section the high theft lines

and the major parts to be subject to the standard.

(d) APPLICATION.—Except as provided in section 33106 of this

title, the Secretary may not make the standard inapplicable to

a line that has been subject to the standard.

§ 33105. Cost limitations

(a) MAXIMUM MANUFACTURER COSTS.—A standard under section 33102 or 33103 of this title may not impose—

(1) on a manufacturer of motor vehicles, compliance costs

of more than $15 a motor vehicle; or

(2) on a manufacturer of major replacement parts, compliance costs for each part of more than the reasonable amount

(but less than $15) that the Secretary of Transportation specifies in the standard.

(b) COSTS INVOLVED IN ENGINES AND TRANSMISSIONS.—For a

manufacturer engaged in identifying engines or transmissions on

October 25, 1984, in a way that substantially complies with the

standard—

(1) the costs of identifying engines and transmissions may

not be considered in calculating the manufacturer’s costs under

subsection (a) of this section; and

(2) the manufacturer may not be required under the standard to conform to any identification system for engines and

transmissions that imposes greater costs on the manufacturer

than are incurred under the identification system used by the

manufacturer on October 25, 1984.

(c) COST ADJUSTMENTS.—(1) In this subsection—

(A) ‘‘base period’’ means calendar year 1984.
H. R. 1758—338

(B) ‘‘price index’’ means the average over a calendar year

of the Consumer Price Index (all items—United States city

average) published monthly by the Secretary of Labor.

(2) At the beginning of each calendar year, as necessary data

become available from the Bureau of Labor Statistics, the Secretary

of Labor shall certify to the Secretary of Transportation and publish

in the Federal Register the percentage difference between the price

index for the 12 months before the beginning of the calendar year

and the price index for the base period. For model years beginning

in that calendar year, the amounts specified in subsection (a) of

this section shall be adjusted by the percentage difference.

§ 33106. Exemption for passenger motor vehicles equipped

with anti-theft devices

(a) DEFINITIONS.—In this section—

(1) ‘‘anti-theft device’’ means a device to reduce or deter

theft that—

(A) is in addition to the theft-deterrent devices required

by motor vehicle safety standard numbered 114 in section

571.114 of title 49, Code of Federal Regulations;

(B) the manufacturer believes will be effective in reducing or deterring theft of motor vehicles; and

(C) does not use a signaling device reserved by State

law for use on police, emergency, or official vehicles, or

on schoolbuses.

(2) ‘‘standard equipment’’ means equipment already

installed in a motor vehicle when it is delivered from the

manufacturer and not an accessory or other item that the

first purchaser customarily has the option to have installed.

(b) GRANTING EXEMPTIONS AND LIMITATIONS.—(1) A manufacturer may petition the Secretary of Transportation for an exemption

from a requirement of a standard prescribed under section 33102

or 33103 of this title for a line of passenger motor vehicles equipped

as standard equipment with an anti-theft device that the Secretary

decides is likely to be as effective in reducing and deterring motor

vehicle theft as compliance with the standard.

(2) The Secretary may grant an exemption—

(A) for model year 1987, for not more than 2 lines of

a manufacturer;

(B) for each of the model years 1988–1996, for not more

than 2 additional lines of a manufacturer;

(C) for each of the model years 1997–2000, for not more

than one additional line of a manufacturer; and

(D) for each of the model years after model year 2000,

for the number of lines that the Attorney General decides

under section 33103(d)(3) of this title.

(3) An additional exemption granted under subparagraph (2)(B)

or (C) of this paragraph does not affect an exemption previously

granted.

(c) PETITIONING PROCEDURE.—A petition must be filed not later

than 8 months before the start of production for the first model

year covered by the petition. The petition must include—

(1) a detailed description of the device;

(2) the reasons for the manufacturer’s conclusion that the

device will be effective in reducing and deterring theft of motor

vehicles; and
H. R. 1758—339

(3) additional information the Secretary reasonably may

require to make the decision described in subsection (b)(1)

of this section.

(d) DECISIONS AND APPROVALS.—The Secretary shall make a

decision about a petition filed under this section not later than

120 days after the date the petition is filed. A decision approving

a petition must be based on substantial evidence. The Secretary

may approve a petition in whole or in part. If the Secretary does

not make a decision within the 120-day period, the petition shall

be deemed to be approved and the manufacturer shall be exempt

from the standard for the line covered by the petition for the

subsequent model year.

(e) RESCISSIONS.—The Secretary may rescind an exemption if

the Secretary decides that the anti-theft device has not been as

effective in reducing and deterring motor vehicle theft as compliance

with the standard. A rescission may be effective only—

(1) for a model year after the model year in which the

rescission occurs; and

(2) at least 6 months after the manufacturer receives written notice of the rescission from the Secretary.

§ 33107. Voluntary vehicle identification standards

(a) ELECTION TO INSCRIBE OR AFFIX IDENTIFYING MARKS.—

The Secretary of Transportation by regulation may prescribe a

vehicle theft prevention standard under which a person may elect

to inscribe or affix an identifying number or symbol on major

parts of a motor vehicle manufactured or owned by the person

for purposes of section 511 of title 18 and related provisions. The

standard may include provisions for registration of the identification

with the Secretary or a person designated by the Secretary. (b) STANDARD REQUIREMENTS.—The standard under this section

shall be practicable and provide relevant objective criteria. (c) VOLUNTARY COMPLIANCE.—Compliance with the standard

under this section is voluntary. Failure to comply does not subject

a person to a penalty or enforcement under this chapter. (d) COMPLIANCE WITH OTHER STANDARDS.—Compliance with

the standard under this section does not relieve a manufacturer

from a requirement of a standard prescribed under section 33102

or 33103 of this title.

§ 33108. Monitoring compliance of manufacturers

(a) RECORDS, REPORTS, INFORMATION, AND INSPECTION.—To

enable the Secretary of Transportation to decide whether a manufacturer of motor vehicles containing a part subject to a standard

prescribed under section 33102 or 33103 of this title, or a manufacturer of major replacement parts subject to the standard, is complying with this chapter and the standard, the Secretary may require

the manufacturer to—

(1) keep records;

(2) make reports;

(3) provide items and information; and

(4) allow an officer or employee designated by the Secretary

to inspect the vehicles and parts and relevant records of the

manufacturer.

(b) ENTRY AND INSPECTION.—To enforce this chapter, an officer

or employee designated by the Secretary, on presenting appropriate

credentials and a written notice to the owner, operator, or agent
H. R. 1758—340

in charge, may inspect a facility in which motor vehicles containing

major parts subject to the standard, or major replacement parts

subject to the standard, are manufactured, held for introduction

into interstate commerce, or held for sale after introduction into

interstate commerce. An inspection shall be conducted at a reasonable time, in a reasonable way, and with reasonable promptness.

(c) CERTIFICATION OF COMPLIANCE.—(1) A manufacturer of a

motor vehicle subject to the standard, and a manufacturer of a

major replacement part subject to the standard, shall provide at

the time of delivery of the vehicle or part a certification that

the vehicle or part conforms to the applicable motor vehicle theft

prevention standard. The certification shall accompany the vehicle

or part until its delivery to the first purchaser. The Secretary

by regulation may prescribe the type and form of the certification.

(2) This subsection does not apply to a motor vehicle or major

replacement part that is—

(A) intended only for export;

(B) labeled only for export on the vehicle or replacement

part and the outside of any container until exported; and

(C) exported.

(d) NOTIFICATION OF ERROR.—A manufacturer shall notify the

Secretary if the manufacturer discovers that—

(1) there is an error in the identification (required by

the standard) applied to a major part installed by the manufacturer in a motor vehicle during its assembly, or to a major

replacement part manufactured by the manufacturer; and

(2) the motor vehicle or major replacement part has entered

interstate commerce.

§ 33109. National Stolen Passenger Motor Vehicle Information System

(a) GENERAL REQUIREMENTS.—(1) Not later than July 25, 1993,

the Attorney General shall establish, and thereafter maintain, a

National Stolen Passenger Motor Vehicle Information System

containing the vehicle identification numbers of stolen passenger

motor vehicles and stolen passenger motor vehicle parts. The System shall be located in the National Crime Information Center

and shall include at least the following information on each passenger motor vehicle reported to a law enforcement authority as

stolen and not recovered:

(A) the vehicle identification number.

(B) the make and model year.

(C) the date on which the vehicle was reported as stolen.

(D) the location of the law enforcement authority that

received the report of the theft of the vehicle.

(E) the identification numbers of the vehicle parts (or

derivatives of those numbers), at the time of the theft, if those

numbers are different from the vehicle identification number

of the vehicle.

(2) In establishing the System, the Attorney General shall

consult with—

(A) State and local law enforcement authorities; and

(B) the National Crime Information Center Policy Advisory

Board to ensure the security of the information in the System

and that the System will not compromise the security of stolen

passenger motor vehicle and passenger motor vehicle parts

information in the System.
H. R. 1758—341

(3) If the Attorney General decides that the Center is not

able to perform the functions of the System, the Attorney General

shall make an agreement for the operation of the System separate

from the Center.

(4) The Attorney General shall prescribe by regulation the

effective date of the System.

(b) REQUESTS FOR INFORMATION.—(1) The Attorney General

shall prescribe by regulation procedures under which an individual

or entity intending to transfer a passenger motor vehicle or passenger motor vehicle part may obtain information on whether the

vehicle or part is listed in the System as stolen.

(2) On request of an insurance carrier, a person lawfully selling

or distributing passenger motor vehicle parts in interstate commerce, or an individual or enterprise engaged in the business of

repairing passenger motor vehicles, the Attorney General (or the

entity the Attorney General designates) immediately shall inform

the insurance carrier, person, individual, or enterprise whether

the System has a record of a vehicle or vehicle part with a particular

vehicle identification number (or derivative of that number) being

reported as stolen. The Attorney General may require appropriate

verification to ensure that the request is legitimate and will not

compromise the security of the System.

(c) ADVISORY COMMITTEE.—(1) Not later than December 24,

1992, the Attorney General shall establish in the Department of

Justice an advisory committee. The Attorney General shall develop

the System with the advice and recommendations of the committee.

(2)(A) The committee is composed of the following 10 members:

(i) the Attorney General.

(ii) the Secretary of Transportation.

(iii) one individual who is qualified to represent the

interests of the law enforcement community at the State level. (iv) one individual who is qualified to represent the

interests of the law enforcement community at the local level. (v) one individual who is qualified to represent the interests

of the automotive recycling industry. (vi) one individual who is qualified to represent the

interests of the automotive repair industry. (vii) one individual who is qualified to represent the

interests of the automotive rebuilders industry. (viii) one individual who is qualified to represent the

interests of the automotive parts suppliers industry. (ix) one individual who is qualified to represent the

interests of the insurance industry. (x) one individual who is qualified to represent the interests

of consumers.

(B) The Attorney General shall appoint the individuals

described in subparagraph (A)(iii)–(x) of this paragraph and shall

serve as chairman of the committee.

(3) The committee shall make recommendations on developing

and carrying out—

(A) the National Stolen Passenger Motor Vehicle Information System; and

(B) the verification system under section 33110 of this

title.

(4) Not later than April 25, 1993, the committee shall submit

to the Attorney General, the Secretary, and Congress a report

including the recommendations of the committee.
H. R. 1758—342

§ 33110. Verifications involving junk and salvage motor vehicles

(a) DEFINITION.—In this section, ‘‘vehicle identification number’’

means a unique identification number (or derivative of that number)

assigned to a passenger motor vehicle by a manufacturer in compliance with applicable regulations. (b) GENERAL REQUIREMENTS.—(1) If an insurance carrier selling comprehensive motor vehicle insurance coverage obtains possession

of and transfers a junk motor vehicle or a salvage motor vehicle,

the carrier shall—

(A) under procedures the Attorney General prescribes by regulation under section 33109 of this title in consultation

with the Secretary of Transportation, verify whether the vehicle

is reported as stolen; and (B) provide the purchaser or transferee of the vehicle from

the insurance carrier verification identifying the vehicle identification number and verifying that the vehicle has not been

reported as stolen or, if reported as stolen, that the carrier

has recovered the vehicle and has proper legal title to the

vehicle.

(2)(A) This subsection does not prohibit an insurance carrier

from transferring a motor vehicle if, within a reasonable period

of time during normal business operations (as decided by the Attorney General under section 33109 of this title) using reasonable

efforts, the carrier—

(i) has not been informed under the procedures prescribed

in section 33109 of this title that the vehicle has not been

reported as stolen; or (ii) has not otherwise established whether the vehicle has

been reported as stolen.

(B) When a carrier transfers a motor vehicle for which the

carrier has not established whether the vehicle has been reported

as stolen, the carrier shall provide written certification to the transferee that the carrier has not established whether the vehicle has

been reported as stolen.

(c) REGULATIONS.—In consultation with the Secretary, the

Attorney General shall prescribe regulations necessary to ensure

that verification performed and provided by an insurance carrier

under subsection (b)(1)(B) of this section is uniform, effective, and

resistant to fraudulent use.

§ 33111. Verifications involving motor vehicle major parts

(a) GENERAL REQUIREMENTS.—A person engaged in the business of salvaging, dismantling, recycling, or repairing passenger

motor vehicles may not knowingly sell in commerce or transfer

or install a major part marked with an identification number without—

(1) first establishing, through a procedure the Attorney

General by regulation prescribes in consultation with the Secretary of Transportation under section 33109 of this title, that

the major part has not been reported as stolen; and

(2) providing the purchaser or transferee with a verification—

(A) identifying the vehicle identification number (or

derivative of that number) of that major part; and

(B) verifying that the major part has not been reported

as stolen.
H. R. 1758—343

(b) NONAPPLICATION.—(1) Subsection (a) of this section does

not apply to a person that—

(A) is the manufacturer of the major part;

(B) has purchased the major part directly from the manufacturer; or

(C) has received a verification from an insurance carrier

under section 33110 of this title that the motor vehicle from

which the major part is derived has not been reported as

stolen, or that the carrier has not established whether that

vehicle has been stolen.

(2) A person described under paragraph (1)(C) of this subsection

that subsequently transfers or sells in commerce the motor vehicle

or a major part of the vehicle shall provide the verification received

from the carrier to the person to whom the vehicle or part is

transferred or sold.

(c) REGULATIONS.—The Attorney General shall prescribe regulations to carry out this section. The regulations shall include regulations prescribed in consultation with the Secretary that are necessary to ensure that a verification a person provides under subsection (a)(2) of this section is uniform, effective, and resistant

to fraudulent use.

§ 33112. Insurance reports and information

(a) PURPOSES.—The purposes of this section are—

(1) to prevent or discourage the theft of motor vehicles,

particularly those stolen for the removal of certain parts;

(2) to prevent or discourage the sale and distribution in

interstate commerce of used parts that are removed from those

vehicles; and

(3) to help reduce the cost to consumers of comprehensive

insurance coverage for motor vehicles.

(b) DEFINITIONS.—In this section—

(1) ‘‘insurer’’ includes a person (except a governmental authority) having a fleet of at least 20 motor vehicles that

are used primarily for rental or lease and are not covered

by a theft insurance policy issued by an insurer of passenger

motor vehicles.

(2) ‘‘motor vehicle’’ includes a truck, a multipurpose passenger vehicle, and a motorcycle.

(c) ANNUAL INFORMATION REQUIREMENT.—(1) An insurer

providing comprehensive coverage for motor vehicles shall provide

annually to the Secretary of Transportation information on— (A) the thefts and recoveries (in any part) of motor vehicles;

(B) the number of vehicles that have been recovered intact;

(C) the rating rules and plans, such as loss information

and rating characteristics, used by the insurer to establish

premiums for comprehensive coverage, including the basis for

the premiums, and premium penalties for motor vehicles considered by the insurer as more likely to be stolen;

(D) the actions taken by the insurer to reduce the premiums, including changing rate levels for comprehensive coverage because of a reduction in thefts of motor vehicles;

(E) the actions taken by the insurer to assist in deterring

or reducing thefts of motor vehicles; and

(F) other information the Secretary requires to carry out

this chapter and to make the report and findings required

by this chapter.
H. R. 1758—344

(2) The information on thefts and recoveries shall include an

explanation on how the information is obtained, the accuracy and

timeliness of the information, and the use made of the information,

including the extent and frequency of reporting the information

to national, public, and private entities such as the Federal Bureau

of Investigation and State and local police.

(d) REPORTS ON REDUCED CLAIMS PAYMENTS.—An insurer shall

report promptly in writing to the Secretary if the insurer, in paying

a claim under an adjustment or negotiation between the insurer

and the insured for a stolen motor vehicle—

(1) reduces the payment to the insured by the amount

of the value, salvage or otherwise, of a recovered part subject

to a standard prescribed under section 33102 or 33103 of this

title; and

(2) the reduction is not made at the express election of

the insured.

(e) GENERAL EXEMPTIONS.—The Secretary shall exempt from

this section, for one or more years, an insurer that the Secretary

decides should be exempted because—

(1) the cost of preparing and providing the information

is excessive in relation to the size of the insurer’s business;

and

(2) the information from that insurer will not contribute

significantly to carrying out this chapter.

(f) SMALL INSURER EXEMPTIONS.—(1) In this subsection, ‘‘small

insurer’’ means an insurer whose premiums for motor vehicle insurance issued directly or through an affiliate, including a pooling

arrangement established under State law or regulation for the

issuance of motor vehicle insurance, account for—

(A) less than one percent of the total premiums for all

forms of motor vehicle insurance issued by insurers in the

United States; and

(B) less than 10 percent of the total premiums for all

forms of motor vehicle insurance issued by insurers in any

State.

(2) The Secretary shall exempt by regulation a small insurer

from this section if the Secretary finds that the exemption will

not significantly affect the validity or usefulness of the information

collected and compiled under this section, nationally or State-byState. However, the Secretary may not exempt an insurer under

this paragraph that is considered an insurer only because of subsection (b)(1) of this section.

(3) Regulations under this subsection shall provide that eligibility as a small insurer shall be based on the most recent calendar

year for which adequate information is available, and that, once

attained, the eligibility shall continue without further demonstration of eligibility for one or more years, as the Secretary considers

appropriate.

(g) PRESCRIBED FORM.—Information required by this section

shall be provided in the form the Secretary prescribes.

(h) PERIODIC COMPILATIONS.—Subject to section 552 of title

5, the Secretary periodically shall compile and publish information

obtained by the Secretary under this section, in a form that will

be helpful to the public, the police, and Congress.

(i) CONSULTATION.—In carrying out this section, the Secretary

shall consult with public and private agencies and associations

the Secretary considers appropriate.
H. R. 1758—345

§ 33113. Theft reports

(a) TRUCK, MULTIPURPOSE PASSENGER VEHICLE, AND MOTOR- CYCLE REPORT.—Not later than October 25, 1995, the Secretary of Transportation shall submit a report to Congress that includes— (1) information on the number of trucks, multipurpose passenger vehicles, and motorcycles distributed for sale in interstate commerce that are stolen and recovered annually, compiled by model, make, and line; (2) information on the extent to which trucks, multipurpose

passenger vehicles, and motorcycles stolen annually are

dismantled to recover parts or are exported; (3) a description of the market for the stolen parts;

(4) information on the premiums charged by insurers of comprehensive coverage of trucks, multipurpose passenger

vehicles, or motorcycles, including any increase in the premiums

charged because any of those motor vehicles is a likely candidate for theft;

(5) an assessment of whether the identification of parts

of trucks, multipurpose passenger vehicles, and motorcycles

is likely—(A) to decrease the theft rate of those motor vehicles;

(B) to increase the recovery rate of those motor vehicles;

(C) to decrease the trafficking in stolen parts of those motor vehicles;

(D) to stem the export and import of those stolen

motor vehicles or parts; or (E) to have benefits greater than the costs of the identi- fication; and

(6) recommendations on whether, and to what extent, the

identification of trucks, multipurpose passenger vehicles, and

motorcycles should be required by law.

(b) MOTOR VEHICLE REPORT.—Not later than October 25, 1997,

the Secretary shall submit a report to Congress that includes— (1) information on—

(A) the methods and procedures used by public and private entities to collect, compile, and disseminate

information on the theft and recovery of motor vehicles,

including classes of motor vehicles; and (B) the reliability and timeliness of the information and how the information can be improved;

(2) information on the number of motor vehicles distributed

for sale in interstate commerce that are stolen and recovered

annually, compiled by class, model, make, and line;

(3) information on the extent to which motor vehicles stolen

annually are dismantled to recover parts or are exported;

(4) a description of the market for the stolen parts;

(5) information on—

(A) the costs to manufacturers and purchasers of passenger motor vehicles of compliance with the standards

prescribed under this chapter;

(B) the beneficial impacts of the standards and the

monetary value of the impacts; and

(C) the extent to which the monetary value is greater

than the costs;

(6) information on the experience of officials of the United

States Government, States, and localities in—
H. R. 1758—346

(A) making arrests and successfully prosecuting persons for violating a law set forth in title II or III of the

Motor Vehicle Theft Law Enforcement Act of 1984;

(B) preventing or reducing the number and rate of

thefts of motor vehicles that are dismantled for parts subject to this chapter; and

(C) preventing or reducing the availability of used parts

that are stolen from motor vehicles subject to this chapter;

(7) information on the premiums charged by insurers of

comprehensive coverage of motor vehicles subject to this chapter, including any increase in the premiums charged because

a motor vehicle is a likely candidate for theft, and the extent

to which the insurers have reduced for the benefit of consumers

the premiums, or foregone premium increases, because of this

chapter;

(8) information on the adequacy and effectiveness of laws

of the United States and the States aimed at preventing the

distribution and sale of used parts that have been removed

from stolen motor vehicles and the adequacy of systems available to enforcement personnel for tracing parts to determine

if they have been stolen from a motor vehicle;

(9) an assessment of whether the identification of parts

of other classes of motor vehicles is likely—

(A) to decrease the theft rate of those vehicles;

(B) to increase the recovery rate of those vehicles;

(C) to decrease the trafficking in stolen parts of those

vehicles;

(D) to stem the export and import of those stolen

vehicles, parts, or components; or

(E) to have benefits greater than the costs of the identification; and

(10) other relevant and reliable information available to

the Secretary about the impact, including the beneficial impact,

of the laws set forth in titles II and III of the Motor Vehicle

Theft Law Enforcement Act of 1984 on law enforcement,

consumers, and manufacturers; and

(11) recommendations (including, as appropriate, legislative

and administrative recommendations) for—

(A) continuing without change the standards prescribed

under this chapter;

(B) amending this chapter to cover more or fewer lines

of passenger motor vehicles;

(C) amending this chapter to cover other classes of

motor vehicles; or

(D) ending the standards for all future motor vehicles.

(c) BASES OF REPORTS.—(1) The reports under subsections (a)

and (b) of this section each shall be based on—

(A) information reported under this chapter by insurers

of motor vehicles and manufacturers of motor vehicles and

major replacement parts;

(B) information provided by the Federal Bureau of Investigation;

(C) experience obtained in carrying out this chapter;

(D) experience of the Government under the laws set forth

in titles II and III of the Motor Vehicle Theft Law Enforcement

Act of 1984; and
H. R. 1758—347

(E) other relevant and reliable information available to

the Secretary.

(2) In preparing each report, the Secretary shall consult with

the Attorney General and State and local law enforcement officials,

as appropriate.

(3) The report under subsection (b) of this section shall—

(A) cover a period of at least 4 years after the standards

required by this chapter are prescribed; and

(B) reflect any information, as appropriate, from the report

under subsection (a) of this section, updated from the date

of the report.

(4) At least 90 days before submitting each report to Congress,

the Secretary shall publish a proposed report for public review

and an opportunity of at least 45 days for written comment. The

Secretary shall consider those comments in preparing the report

to be submitted and include a summary of the comments with

the submitted report.

§ 33114. Prohibited acts

(a) GENERAL.—A person may not—

(1) manufacture for sale, sell, offer for sale, introduce or

deliver for introduction in interstate commerce, or import into

the United States, a motor vehicle or major replacement part

subject to a standard prescribed under section 33102 or 33103

of this title, unless it conforms to the standard;

(2) fail to comply with a regulation prescribed by the Secretary of Transportation or Attorney General under this chapter;

(3) fail to keep specified records, refuse access to or copying

of records, fail to make reports or provide items or information,

or fail or refuse to allow entry or inspection, as required by

this chapter;

(4) fail to provide the certification required by section

33108(c) of this title, or provide a certification that the person

knows, or in the exercise of reasonable care has reason to

know, is false or misleading in a material respect; or

(5) knowingly—

(A) own, operate, maintain, or control a chop shop;

(B) conduct operations in a chop shop; or

(C) transport a passenger motor vehicle or passenger

motor vehicle part to or from a chop shop.

(b) NONAPPLICATION.—Subsection (a)(1) of this section does not

apply to a person establishing that in the exercise of reasonable

care the person did not have reason to know that the motor vehicle

or major replacement part was not in conformity with the standard.

§ 33115. Civil penalties and enforcement

(a) GENERAL PENALTY AND CIVIL ACTIONS TO COLLECT.—(1)

A person that violates section 33114(a)(1)–(4) of this title is liable

to the United States Government for a civil penalty of not more

than $1,000 for each violation. The failure of more than one part

of a single motor vehicle to conform to an applicable standard

under section 33102 or 33103 of this title is only a single violation.

The maximum penalty under this subsection for a related series

of violations is $250,000.
H. R. 1758—348

(2) The Secretary of Transportation imposes a civil penalty

under this subsection. The Secretary may compromise the amount

of a penalty.

(3) In determining the amount of a civil penalty or compromise

under this subsection, the Secretary shall consider the size of the

person’s business and the gravity of the violation.

(4) The Attorney General shall bring a civil action in a United

States district court to collect a civil penalty imposed under this

subsection.

(5) The Government may deduct the amount of a civil penalty

imposed or compromised under this subsection from amounts it

owes the person liable for the penalty.

(b) CHOP SHOP PENALTY AND ENFORCEMENT.—(1) A person

that violates section 33114(a)(5) of this title is liable to the Government for a civil penalty of not more than $100,000 a day for

each violation.

(2) As appropriate and in consultation with the Attorney General, the Secretary shall—

(A) bring a civil action for a temporary or permanent injunction to restrain a person violating section 33114(a)(5) of this

section;

(B) impose and recover the penalty described in paragraph

(1) of this subsection; or

(C) take both the actions described in clauses (A) and

(B) of this paragraph.

(c) CIVIL ACTIONS TO ENFORCE.—(1) The Attorney General may

bring a civil action in a United States district court to enjoin

a violation of this chapter or the sale, offer for sale, introduction

or delivery for introduction in interstate commerce, or importation

into the United States, of a passenger motor vehicle containing

a major part, or of a major replacement part, that is subject to

the standard and is determined before the sale of the vehicle

or part to a first purchaser not to conform to the standard.

(2)(A) When practicable, the Secretary—

(i) shall notify a person against whom an action under

this subsection is planned;

(ii) shall give the person an opportunity to present that

person’s views; and

(iii) except for a knowing and willful violation, shall give

the person a reasonable opportunity to comply.

(B) The failure of the Secretary to comply with subparagraph

(A) of this paragraph does not prevent a court from granting appropriate relief.

(d) JURY TRIAL DEMAND.—In a trial for criminal contempt

for violating an injunction or restraining order issued under subsection (c) of this section, the violation of which is also a violation

of this chapter, the defendant may demand a jury trial. The defendant shall be tried as provided in rule 42(b) of the Federal Rules

of Criminal Procedure (18 App. U.S.C.).

(e) VENUE.—A civil action under subsection (a) or (c) of this

section may be brought in the judicial district in which the violation

occurred or the defendant resides, is found, or transacts business.

Process in the action may be served in any other judicial district

in which the defendant resides or is found. A subpena for a witness

in the action may be served in any judicial district.
H. R. 1758—349

§ 33116. Confidentiality of information

(a) GENERAL.—Information obtained by the Secretary of

Transportation under this chapter related to a confidential matter

referred to in section 1905 of title 18 may be disclosed only—

(1) to another officer or employee of the United States

Government for use in carrying out this chapter; or

(2) in a proceeding under this chapter (except a proceeding

under section 33104(a)(3)).

(b) WITHHOLDING INFORMATION FROM CONGRESS.—This section

does not authorize information to be withheld from a committee

of Congress authorized to have the information.

§ 33117. Judicial review

A person that may be adversely affected by a regulation prescribed under this chapter may obtain judicial review of the regulation under section 32909 of this title. A remedy under this section

is in addition to any other remedies provided by law.

§ 33118. Preemption of State and local law

When a motor vehicle theft prevention standard prescribed

under section 33102 or 33103 of this title is in effect, a State

or political subdivision of a State may not have a different motor

vehicle theft prevention standard for a motor vehicle or major

replacement part.

SUBTITLE VII—AVIATION PROGRAMS

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. PRICING ..................................................................................................... 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

PART B—AIRPORT DEVELOPMENT AND NOISE

471. AIRPORT DEVELOPMENT ...................................................................... 47101

473. INTERNATIONAL AIRPORT FACILITIES ............................................ 47301

475. NOISE ......................................................................................................... 47501

PART C—FINANCING

481. AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS ............. 48101
H. R. 1758—350

PART D—MISCELLANEOUS

491. BUY-AMERICAN PREFERENCES .......................................................... 49101

PART A—AIR COMMERCE AND SAFETY

SUBPART I—GENERAL

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.

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.

§ 40101. Policy

(a) ECONOMIC REGULATION.—In carrying out subpart II of this

part and those provisions of subpart IV applicable in carrying

out subpart II, the Secretary of Transportation shall consider the

following matters, among others, as being in the public interest

and consistent with public convenience and necessity: (1) assigning and maintaining safety as the highest priority

in air commerce.

(2) before authorizing new air transportation services,

evaluating the safety implications of those services. (3) preventing deterioration in established safety procedures, recognizing the clear intent, encouragement, and dedication of Congress to further the highest degree of safety in

air transportation and air commerce, and to maintain the safety

vigilance that has evolved in air transportation and air commerce and has come to be expected by the traveling and shipping public.

(4) the availability of a variety of adequate, economic, efficient, and low-priced services without unreasonable discrimination or unfair or deceptive practices.

(5) coordinating transportation by, and improving relations

among, air carriers, and encouraging fair wages and working

conditions.

(6) placing maximum reliance on competitive market forces

and on actual and potential competition—

(A) to provide the needed air transportation system;

and

(B) to encourage efficient and well-managed air carriers

to earn adequate profits and attract capital, considering

any material differences between interstate air transportation and foreign air transportation.
H. R. 1758—351

(7) developing and maintaining a sound regulatory system

that is responsive to the needs of the public and in which

decisions are reached promptly to make it easier to adapt

the air transportation system to the present and future needs

of—

(A) the commerce of the United States;

(B) the United States Postal Service; and

(C) the national defense.

(8) encouraging air transportation at major urban areas

through secondary or satellite airports if consistent with

regional airport plans of regional and local authorities, and

if endorsed by appropriate State authorities—

(A) encouraging the transportation by air carriers that

provide, in a specific market, transportation exclusively

at those airports; and

(B) fostering an environment that allows those carriers

to establish themselves and develop secondary or satellite

airport services.

(9) preventing unfair, deceptive, predatory, or anticompetitive practices in air transportation.

(10) avoiding unreasonable industry concentration, excessive market domination, monopoly powers, and other conditions

that would tend to allow at least one air carrier or foreign

air carrier unreasonably to increase prices, reduce services,

or exclude competition in air transportation.

(11) maintaining a complete and convenient system of

continuous scheduled interstate air transportation for small

communities and isolated areas with direct financial assistance

from the United States Government when appropriate.

(12) encouraging, developing, and maintaining an air

transportation system relying on actual and potential competition—

(A) to provide efficiency, innovation, and low prices;

and

(B) to decide on the variety and quality of, and determine prices for, air transportation services.

(13) encouraging entry into air transportation markets by

new and existing air carriers and the continued strengthening

of small air carriers to ensure a more effective and competitive

airline industry. (14) promoting, encouraging, and developing civil aeronautics and a viable, privately-owned United States air transport industry. (15) strengthening the competitive position of air carriers

to at least ensure equality with foreign air carriers, including

the attainment of the opportunity for air carriers to maintain

and increase their profitability in foreign air transportation.

(b) ALL-CARGO AIR TRANSPORTATION CONSIDERATIONS.—In

carrying out subpart II of this part and those provisions of subpart

IV applicable in carrying out subpart II, the Secretary of Transportation shall consider the following matters, among others and in

addition to the matters referred to in subsection (a) of this section,

as being in the public interest for all-cargo air transportation:

(1) encouraging and developing an expedited all-cargo air

transportation system provided by private enterprise and

responsive to—

(A) the present and future needs of shippers;
H. R. 1758—352

(B) the commerce of the United States; and

(C) the national defense.

(2) encouraging and developing an integrated transportation system relying on competitive market forces to decide

the extent, variety, quality, and price of services provided.

(3) providing services without unreasonable discrimination,

unfair or deceptive practices, or predatory pricing.

(c) GENERAL SAFETY CONSIDERATIONS.—In carrying out subpart

III of this part and those provisions of subpart IV applicable in

carrying out subpart III, the Administrator of the Federal Aviation

Administration shall consider the following matters:

(1) the requirements of national defense and commercial

and general aviation.

(2) the public right of freedom of transit through the navigable airspace.

(d) SAFETY CONSIDERATIONS IN PUBLIC INTEREST.—In carrying

out subpart III of this part and those provisions of subpart IV

applicable in carrying out subpart III, the Administrator shall consider the following matters, among others, as being in the public

interest:

(1) regulating air commerce in a way that best promotes

its development and safety and fulfills national defense requirements.

(2) promoting, encouraging, and developing civil aeronautics.

(3) controlling the use of the navigable airspace and regulating civil and military operations in that airspace in the

interest of the safety and efficiency of both of those operations. (4) consolidating research and development for air navigation facilities and the installation and operation of those facilities.

(5) developing and operating a common system of air traffic

control and navigation for military and civil aircraft. (6) providing assistance to law enforcement agencies in

the enforcement of laws related to regulation of controlled

substances, to the extent consistent with aviation safety.

(e) INTERNATIONAL AIR TRANSPORTATION.—In formulating

United States international air transportation policy, the Secretaries of State and Transportation shall develop a negotiating policy

emphasizing the greatest degree of competition compatible with

a well-functioning international air transportation system, including

the following: (1) strengthening the competitive position of air carriers

to ensure at least equality with foreign air carriers, including

the attainment of the opportunity for air carriers to maintain

and increase their profitability in foreign air transportation.

(2) freedom of air carriers and foreign air carriers to offer

prices that correspond to consumer demand.

(3) the fewest possible restrictions on charter air transportation.

(4) the maximum degree of multiple and permissive international authority for air carriers so that they will be able

to respond quickly to a shift in market demand.

(5) eliminating operational and marketing restrictions to

the greatest extent possible.

(6) integrating domestic and international air transportation.
H. R. 1758—353

(7) increasing the number of nonstop United States gateway

cities.

(8) opportunities for carriers of foreign countries to increase

their access to places in the United States if exchanged for

benefits of similar magnitude for air carriers or the traveling

public with permanent linkage between rights granted and

rights given away.

(9) eliminating discrimination and unfair competitive practices faced by United States airlines in foreign air transportation, including—

(A) excessive landing and user fees;

(B) unreasonable ground handling requirements;

(C) unreasonable restrictions on operations;

(D) prohibitions against change of gauge; and

(E) similar restrictive practices.

(10) promoting, encouraging, and developing civil aeronautics and a viable, privately-owned United States air transport industry.

(f) STRENGTHENING COMPETITION.—In selecting an air carrier

to provide foreign air transportation from among competing

applicants, the Secretary of Transportation shall consider, in addition to the matters specified in subsections (a) and (b) of this

section, the strengthening of competition among air carriers operating in the United States to prevent unreasonable concentration

in the air carrier industry.

§ 40102. Definitions

(a) GENERAL DEFINITIONS.—In this part—

(1) ‘‘aeronautics’’ means the science and art of flight.

(2) ‘‘air carrier’’ means a citizen of the United States undertaking by any means, directly or indirectly, to provide air

transportation.

(3) ‘‘air commerce’’ means foreign air commerce, interstate

air commerce, the transportation of mail by aircraft, the operation of aircraft within the limits of a Federal airway, or

the operation of aircraft that directly affects, or may endanger

safety in, foreign or interstate air commerce.

(4) ‘‘air navigation facility’’ means a facility used, available

for use, or designed for use, in aid of air navigation, including—

(A) a landing area;

(B) a light;

(C) apparatus or equipment for distributing weather

information, signaling, radio-directional finding, or radio

or other electromagnetic communication; and

(D) another structure or mechanism for guiding or

controlling flight in the air or the landing and takeoff

of aircraft.

(5) ‘‘air transportation’’ means foreign air transportation,

interstate air transportation, or the transportation of mail by

aircraft.

(6) ‘‘aircraft’’ means any contrivance invented, used, or

designed to navigate, or fly in, the air.

(7) ‘‘aircraft engine’’ means an engine used, or intended

to be used, to propel an aircraft, including a part, appurtenance,

and accessory of the engine, except a propeller.

(8) ‘‘airman’’ means an individual—
H. R. 1758—354

(A) in command, or as pilot, mechanic, or member

of the crew, who navigates aircraft when under way;

(B) except to the extent the Administrator of the Federal Aviation Administration may provide otherwise for

individuals employed outside the United States, who is

directly in charge of inspecting, maintaining, overhauling,

or repairing aircraft, aircraft engines, propellers, or appliances; or

(C) who serves as an aircraft dispatcher or air traffic

control-tower operator.

(9) ‘‘airport’’ means a landing area used regularly by aircraft for receiving or discharging passengers or cargo.

(10) ‘‘all-cargo air transportation’’ means the transportation

by aircraft in interstate air transportation of only property

or only mail, or both.

(11) ‘‘appliance’’ means an instrument, equipment, apparatus, a part, an appurtenance, or an accessory used, capable

of being used, or intended to be used, in operating or controlling

aircraft in flight, including a parachute, communication equipment, and another mechanism installed in or attached to aircraft during flight, and not a part of an aircraft, aircraft engine,

or propeller.

(12) ‘‘cargo’’ means property, mail, or both.

(13) ‘‘charter air carrier’’ means an air carrier holding

a certificate of public convenience and necessity that authorizes

it to provide charter air transportation.

(14) ‘‘charter air transportation’’ means charter trips in

air transportation authorized under this part.

(15) ‘‘citizen of the United States’’ means—

(A) an individual who is a citizen of the United States;

(B) a partnership each of whose partners is an individual who is a citizen of the United States; or

(C) a corporation or association organized under the

laws of the United States or a State, the District of Columbia, or a territory or possession of the United States, of

which the president and at least two-thirds of the board

of directors and other managing officers are citizens of

the United States, and in which at least 75 percent of

the voting interest is owned or controlled by persons that

are citizens of the United States.

(16) ‘‘civil aircraft’’ means an aircraft except a public aircraft.

(17) ‘‘civil aircraft of the United States’’ means an aircraft

registered under chapter 441 of this title. (18) ‘‘conditional sales contract’’ means a contract—

(A) for the sale of an aircraft, aircraft engine, propeller,

appliance, or spare part, under which the buyer takes

possession of the property but title to the property vests

in the buyer at a later time on—

(i) paying any part of the purchase price;

(ii) performing another condition; or

(iii) the happening of a contingency; or

(B) to bail or lease an aircraft, aircraft engine, propeller, appliance, or spare part, under which the bailee or

lessee—

(i) agrees to pay an amount substantially equal

to the value of the property; and
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(ii) is to become, or has the option of becoming,

the owner of the property on complying with the contract.

(19) ‘‘conveyance’’ means an instrument, including a conditional sales contract, affecting title to, or an interest in, property.

(20) ‘‘Federal airway’’ means a part of the navigable airspace that the Administrator designates as a Federal airway.

(21) ‘‘foreign air carrier’’ means a person, not a citizen

of the United States, undertaking by any means, directly or

indirectly, to provide foreign air transportation.

(22) ‘‘foreign air commerce’’ means the transportation of

passengers or property by aircraft for compensation, the

transportation of mail by aircraft, or the operation of aircraft

in furthering a business or vocation, between a place in the

United States and a place outside the United States when

any part of the transportation or operation is by aircraft.

(23) ‘‘foreign air transportation’’ means the transportation

of passengers or property by aircraft as a common carrier

for compensation, or the transportation of mail by aircraft,

between a place in the United States and a place outside

the United States when any part of the transportation is by

aircraft.

(24) ‘‘interstate air commerce’’ means the transportation

of passengers or property by aircraft for compensation, the

transportation of mail by aircraft, or the operation of aircraft

in furthering a business or vocation—

(A) between a place in—

(i) a State, territory, or possession of the United

States and a place in the District of Columbia or

another State, territory, or possession of the United

States;

(ii) a State and another place in the same State

through the airspace over a place outside the State; (iii) the District of Columbia and another place

in the District of Columbia; or

(iv) a territory or possession of the United States

and another place in the same territory or possession;

and

(B) when any part of the transportation or operation

is by aircraft.

(25) ‘‘interstate air transportation’’ means the transportation of passengers or property by aircraft as a common carrier

for compensation, or the transportation of mail by aircraft— (A) between a place in—

(i) a State, territory, or possession of the United

States and a place in the District of Columbia or

another State, territory, or possession of the United

States;

(ii) Hawaii and another place in Hawaii through

the airspace over a place outside Hawaii;

(iii) the District of Columbia and another place

in the District of Columbia; or

(iv) a territory or possession of the United States

and another place in the same territory or possession;

and

(B) when any part of the transportation is by aircraft.
H. R. 1758—356

(26) ‘‘intrastate air carrier’’ means a citizen of the United

States undertaking by any means to provide only intrastate

air transportation.

(27) ‘‘intrastate air transportation’’ means the transportation by a common carrier of passengers or property for compensation, entirely in the same State, by turbojet-powered aircraft capable of carrying at least 30 passengers.

(28) ‘‘landing area’’ means a place on land or water, including an airport or intermediate landing field, used, or intended

to be used, for the takeoff and landing of aircraft, even when

facilities are not provided for sheltering, servicing, or repairing

aircraft, or for receiving or discharging passengers or cargo.

(29) ‘‘mail’’ means United States mail and foreign transit

mail.

(30) ‘‘navigable airspace’’ means airspace above the minimum altitudes of flight prescribed by regulations under subparts I and III of this part, including airspace needed to ensure

safety in the takeoff and landing of aircraft.

(31) ‘‘navigate aircraft’’ and ‘‘navigation of aircraft’’ include

piloting aircraft.

(32) ‘‘operate aircraft’’ and ‘‘operation of aircraft’’ mean

using aircraft for the purposes of air navigation, including—

(A) the navigation of aircraft; and

(B) causing or authorizing the operation of aircraft

with or without the right of legal control of the aircraft.

(33) ‘‘person’’, in addition to its meaning under section

1 of title 1, includes a governmental authority and a trustee,

receiver, assignee, and other similar representative. (34) ‘‘predatory’’ means a practice that violates the antitrust laws as defined in the first section of the Clayton Act (15

U.S.C. 12).

(35) ‘‘price’’ means a rate, fare, or charge for air transportation.

(36) ‘‘propeller’’ includes a part, appurtenance, and accessory of a propeller. (37) ‘‘public aircraft’’—

(A) means an aircraft—

(i) used only for the United States Government;

or

(ii) owned and operated (except for commercial

purposes), or exclusively leased for at least 90 continuous days, by a government (except the United States

Government), including a State, the District of Columbia, or a territory or possession of the United States,

or political subdivision of that government; but

(B) does not include a government-owned aircraft

transporting passengers or property for commercial purposes.

(38) ‘‘spare part’’ means an accessory, appurtenance, or

part of an aircraft (except an aircraft engine or propeller),

aircraft engine (except a propeller), propeller, or appliance,

that is to be installed at a later time in an aircraft, aircraft

engine, propeller, or appliance.

(39) ‘‘State authority’’ means an authority of a State designated under State law—

(A) to receive notice required to be given a State

authority under subpart II of this part; or
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(B) as the representative of the State before the Secretary of Transportation in any matter about which the

Secretary is required to consult with or consider the views

of a State authority under subpart II of this part.

(40) ‘‘ticket agent’’ means a person (except an air carrier,

a foreign air carrier, or an employee of an air carrier or foreign

air carrier) that as a principal or agent sells, offers for sale,

negotiates for, or holds itself out as selling, providing, or arranging for, air transportation.

(41) ‘‘United States’’ means the States of the United States,

the District of Columbia, and the territories and possessions

of the United States, including the territorial sea and the

overlying airspace.

(b) LIMITED DEFINITION.—In subpart II of this part, ‘‘control’’

means control by any means.

§ 40103. Sovereignty and use of airspace

(a) SOVEREIGNTY AND PUBLIC RIGHT OF TRANSIT.—(1) The

United States Government has exclusive sovereignty of airspace

of the United States.

(2) A citizen of the United States has a public right of transit

through the navigable airspace. To further that right, the Secretary

of Transportation shall consult with the Architectural and Transportation Barriers Compliance Board established under section 502

of the Rehabilitation Act of 1973 (29 U.S.C. 792) before prescribing

a regulation or issuing an order or procedure that will have a

significant impact on the accessibility of commercial airports or

commercial air transportation for handicapped individuals.

(b) USE OF AIRSPACE.—(1) The Administrator of the Federal

Aviation Administration shall develop plans and policy for the use

of the navigable airspace and assign by regulation or order the

use of the airspace necessary to ensure the safety of aircraft and

the efficient use of airspace. The Administrator may modify or

revoke an assignment when required in the public interest.

(2) The Administrator shall prescribe air traffic regulations

on the flight of aircraft (including regulations on safe altitudes)

for—

(A) navigating, protecting, and identifying aircraft;

(B) protecting individuals and property on the ground;

(C) using the navigable airspace efficiently; and

(D) preventing collision between aircraft, between aircraft

and land or water vehicles, and between aircraft and airborne

objects.

(3) To establish security provisions that will encourage and

allow maximum use of the navigable airspace by civil aircraft

consistent with national security, the Administrator, in consultation

with the Secretary of Defense, shall—

(A) establish areas in the airspace the Administrator

decides are necessary in the interest of national defense; and

(B) by regulation or order, restrict or prohibit flight of

civil aircraft that the Administrator cannot identify, locate,

and control with available facilities in those areas.

(4) Notwithstanding the military exception in section 553(a)(1)

of title 5, subchapter II of chapter 5 of title 5 applies to a regulation

prescribed under this subsection.
H. R. 1758—358

(c) FOREIGN AIRCRAFT.—A foreign aircraft, not part of the

armed forces of a foreign country, may be navigated in the United

States as provided in section 41703 of this title.

(d) AIRCRAFT OF ARMED FORCES OF FOREIGN COUNTRIES.—

Aircraft of the armed forces of a foreign country may be navigated

in the United States only when authorized by the Secretary of

State.

(e) NO EXCLUSIVE RIGHTS AT CERTAIN FACILITIES.—A person

does not have an exclusive right to use an air navigation facility

on which Government money has been expended. However, providing services at an airport by only one fixed-based operator is not

an exclusive right if—

(1) it is unreasonably costly, burdensome, or impractical

for more than one fixed-based operator to provide the services;

and

(2) allowing more than one fixed-based operator to provide

the services requires a reduction in space leased under an

agreement existing on September 3, 1982, between the operator

and the airport.

§ 40104. Promotion of civil aeronautics and air commerce

The Administrator of the Federal Aviation Administration shall

encourage the development of civil aeronautics and air commerce

in and outside the United States. In carrying out this section,

the Administrator shall take action that the Administrator considers

necessary to establish, within available resources, a program to

distribute civil aviation information in each region served by the

Administration. The program shall provide, on request, informational material and expertise on civil aviation to State and local

school administrators, college and university officials, and officers

of other interested organizations.

§ 40105. International negotiations, agreements, and obligations

(a) ADVICE AND CONSULTATION.—The Secretary of State shall

advise the Administrator of the Federal Aviation Administration

and the Secretaries of Transportation and Commerce, and consult

with them as appropriate, about negotiations for an agreement

with a government of a foreign country to establish or develop

air navigation, including air routes and services. The Secretary

of Transportation shall consult with the Secretary of State in carrying out this part to the extent this part is related to foreign

air transportation.

(b) ACTIONS OF SECRETARY AND ADMINISTRATOR.—(1) In carrying out this part, the Secretary of Transportation and the Administrator—

(A) shall act consistently with obligations of the United

States Government under an international agreement;

(B) shall consider applicable laws and requirements of a

foreign country; and

(C) may not limit compliance by an air carrier with obligations or liabilities imposed by the government of a foreign

country when the Secretary takes any action related to a certificate of public convenience and necessity issued under chapter

411 of this title.

(2) This subsection does not apply to an agreement between

an air carrier or an officer or representative of an air carrier
H. R. 1758—359

and the government of a foreign country, if the Secretary of

Transportation disapproves the agreement because it is not in the

public interest. Section 40106(b)(2) of this title applies to this subsection.

(c) CONSULTATION ON INTERNATIONAL AIR TRANSPORTATION

POLICY.—In carrying out section 40101(e) of this title, the Secretaries of State and Transportation, to the maximum extent practicable,

shall consult on broad policy goals and individual negotiations

with—

(1) the Secretaries of Commerce and Defense;

(2) airport operators;

(3) scheduled air carriers;

(4) charter air carriers;

(5) airline labor;

(6) consumer interest groups;

(7) travel agents and tour organizers; and

(8) other groups, institutions, and governmental authorities

affected by international aviation policy.

(d) CONGRESSIONAL OBSERVERS AT INTERNATIONAL AVIATION

NEGOTIATIONS.—The President shall grant to at least one representative of each House of Congress the privilege of attending international aviation negotiations as an observer if the privilege is

requested in advance in writing.

§ 40106. Emergency powers

(a) DEVIATIONS FROM REGULATIONS.—Appropriate military

authority may authorize aircraft of the armed forces of the United

States to deviate from air traffic regulations prescribed under section 40103(b)(1) and (2) of this title when the authority decides

the deviation is essential to the national defense because of a

military emergency or urgent military necessity. The authority

shall—

(1) give the Administrator of the Federal Aviation Administration prior notice of the deviation at the earliest practicable

time; and

(2) to the extent time and circumstances allow, make every

reasonable effort to consult with the Administrator and arrange

for the deviation in advance on a mutually agreeable basis.

(b) SUSPENSION OF AUTHORITY.—(1) When the President decides

that the government of a foreign country is acting inconsistently

with the Convention for the Suppression of Unlawful Seizure of

Aircraft or that the government of a foreign country allows territory

under its jurisdiction to be used as a base of operations or training

of, or as a sanctuary for, or arms, aids, or abets, a terrorist organization that knowingly uses the unlawful seizure, or the threat of

an unlawful seizure, of an aircraft as an instrument of policy,

the President may suspend the authority of—

(A) an air carrier or foreign air carrier to provide foreign

air transportation to and from that foreign country;

(B) a person to operate aircraft in foreign air commerce

to and from that foreign country;

(C) a foreign air carrier to provide foreign air transportation

between the United States and another country that maintains

air service with the foreign country; and

(D) a foreign person to operate aircraft in foreign air commerce between the United States and another country that

maintains air service with the foreign country.
H. R. 1758—360

(2) The President may act under this subsection without notice

or a hearing. The suspension remains in effect for as long as

the President decides is necessary to ensure the security of aircraft

against unlawful seizure. Notwithstanding section 40105(b) of this

title, the authority of the President to suspend rights under this

subsection is a condition to a certificate of public convenience and

necessity, air carrier operating certificate, foreign air carrier or

foreign aircraft permit, or foreign air carrier operating specification

issued by the Secretary of Transportation under this part. (3) An air carrier or foreign air carrier may not provide foreign

air transportation, and a person may not operate aircraft in foreign

air commerce, in violation of a suspension of authority under this

subsection.

§ 40107. Presidential transfers

(a) GENERAL AUTHORITY.—The President may transfer to the

Administrator of the Federal Aviation Administration a duty, power,

activity, or facility of a department, agency, or instrumentality

of the executive branch of the United States Government, or an

officer or unit of a department, agency, or instrumentality of the

executive branch, related primarily to selecting, developing, testing,

evaluating, establishing, operating, or maintaining a system, procedure, facility, or device for safe and efficient air navigation and

air traffic control. In making a transfer, the President may transfer

records and property and make officers and employees from the

department, agency, instrumentality, or unit available to the

Administrator.

(b) DURING WAR.—If war occurs, the President by executive

order may transfer to the Secretary of Defense a duty, power,

activity, or facility of the Administrator. In making the transfer,

the President may transfer records, property, officers, and employees of the Administration to the Department of Defense.

§ 40108. Training schools

(a) AUTHORITY TO OPERATE.—The Administrator of the Federal

Aviation Administration may operate schools to train officers and

employees of the Administration to carry out duties, powers, and

activities of the Administrator.

(b) ATTENDANCE.—The Administrator may authorize officers

and employees of other departments, agencies, or instrumentalities

of the United States Government, officers and employees of governments of foreign countries, and individuals from the aeronautics

industry to attend those schools. However, if the attendance of

any of those officers, employees, or individuals increases the cost

of operating the schools, the Administrator may require the payment or transfer of amounts or other consideration to offset the

additional cost. The amount received may be credited to the appropriation current when the expenditures are or were paid, the appropriation current when the amount is received, or both.

§ 40109. Authority to exempt

(a) AIR CARRIERS AND FOREIGN AIR CARRIERS NOT ENGAGED

DIRECTLY IN OPERATING AIRCRAFT.—(1) The Secretary of Transportation may exempt from subpart II of this part—

(A) an air carrier not engaged directly in operating aircraft

in air transportation; or
H. R. 1758—361

(B) a foreign air carrier not engaged directly in operating

aircraft in foreign air transportation.

(2) The exemption is effective to the extent and for periods

that the Secretary decides are in the public interest.

(b) SAFETY REGULATION.—The Administrator of the Federal

Aviation Administration may grant an exemption from a regulation

prescribed in carrying out sections 40103(b)(1) and (2), 40119,

44901, 44903, 44906, and 44935–44937 of this title when the

Administrator decides the exemption is in the public interest.

(c) OTHER ECONOMIC REGULATION.—Except as provided in this

section, the Secretary may exempt to the extent the Secretary

considers necessary a person or class of persons from a provision

of chapter 411, sections 41301–41306, 41308–41310(a), 41501,

41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709,

41711, 41712, and 41731–41742, chapter 419, subchapter II of chapter 421, and section 46301(b) of this title, or a regulation or term

prescribed under any of those provisions, when the Secretary

decides that the exemption is consistent with the public interest.

(d) LABOR REQUIREMENTS.—The Secretary may not exempt an

air carrier from section 42112 of this title. However, the Secretary

may exempt from section 42112(b)(1) and (2) an air carrier not

providing scheduled air transportation, and the operations conducted during daylight hours by an air carrier providing scheduled

air transportation, when the Secretary decides that—

(1) because of the limited extent of, or unusual circumstances affecting, the operation of the air carrier, the

enforcement of section 42112(b)(1) and (2) of this title is or

would be an unreasonable burden on the air carrier that would

obstruct its development and prevent it from beginning or

continuing operations; and (2) the exemption would not affect adversely the public

interest.

(e) MAXIMUM FLYING HOURS.—The Secretary may not exempt

an air carrier under this section from a provision referred to in

subsection (c) of this section, or a regulation or term prescribed

under any of those provisions, that sets maximum flying hours

for pilots or copilots.

(f) SMALLER AIRCRAFT.—(1) An air carrier is exempt from section 41101(a)(1) of this title, and the Secretary may exempt an

air carrier from another provision of subpart II of this part, if

the air carrier—

(A)(i) provides passenger transportation only with aircraft

having a maximum capacity of 55 passengers; or (ii) provides the transportation of cargo only with aircraft

having a maximum payload of less than 18,000 pounds; and

(B) complies with liability insurance requirements and

other regulations the Secretary prescribes.

(2) The Secretary may increase the passenger or payload capacities when the public interest requires.

(3)(A) An exemption under this subsection applies to an air

carrier providing air transportation between 2 places in Alaska,

or between Alaska and Canada, only if the carrier is authorized

by Alaska to provide the transportation.

(B) The Secretary may limit the number or location of places

that may be served by an air carrier providing transportation

only in Alaska under an exemption from section 41101(a)(1) of

this title, or the frequency with which the transportation may
H. R. 1758—362

be provided, only when the Secretary decides that providing the

transportation substantially impairs the ability of an air carrier

holding a certificate issued by the Secretary to provide its authorized transportation, including the minimum transportation requirement for Alaska specified under section 41732(b)(1)(B) of this title.

(g) EMERGENCY AIR TRANSPORTATION BY FOREIGN AIR CARRIERS.—(1) To the extent that the Secretary decides an exemption

is in the public interest, the Secretary may exempt by order a

foreign air carrier from the requirements and limitations of this

part for not more than 30 days to allow the foreign air carrier

to carry passengers or cargo in interstate air transportation in

certain markets if the Secretary finds that—

(A) because of an emergency created by unusual circumstances not arising in the normal course of business, air

carriers holding certificates under section 41102 of this title

cannot accommodate traffic in those markets;

(B) all possible efforts have been made to accommodate

the traffic by using the resources of the air carriers, including

the use of—

(i) foreign aircraft, or sections of foreign aircraft, under

lease or charter to the air carriers; and

(ii) the air carriers’ reservations systems to the extent

practicable;

(C) the exemption is necessary to avoid unreasonable hardship for the traffic in the markets that cannot be accommodated

by the air carriers; and

(D) granting the exemption will not result in an unreasonable advantage to any party in a labor dispute where the

inability to accommodate traffic in a market is a result of

the dispute.

(2) When the Secretary grants an exemption to a foreign air

carrier under this subsection, the Secretary shall— (A) ensure that air transportation that the foreign air carrier provides under the exemption is made available on reasonable terms;

(B) monitor continuously the passenger load factor of air

carriers in the market that hold certificates under section 41102

of this title; and

(C) review the exemption at least every 30 days to ensure

that the unusual circumstances that established the need for

the exemption still exist.

(3) The Secretary may renew an exemption (including renewals)

under this subsection for not more than 30 days. An exemption

may continue for not more than 5 days after the unusual circumstances that established the need for the exemption cease.

(h) NOTICE AND OPPORTUNITY FOR HEARING.—The Secretary

may act under subsections (d) and (f)(3)(B) of this section only

after giving the air carrier notice and an opportunity for a hearing.

§ 40110. General procurement authority

(a) GENERAL.—In carrying out this part, the Administrator

of the Federal Aviation Administration may—

(1) acquire, to the extent that amounts are available for

obligation, services or an interest in property, including an

interest in airspace immediately adjacent to and needed for

airports and other air navigation facilities owned by the United

States Government and operated by the Administrator;
H. R. 1758—363

(2) dispose of an interest in property for adequate compensation; and

(3) construct and improve laboratories and other test facilities.

(b) DUTIES AND POWERS.—When carrying out subsection (a)

of this section, the Administrator of the Federal Aviation Administration—

(1) is the senior procurement executive referred to in section 16(3) of the Office of Federal Procurement Policy Act

(41 U.S.C. 414(3)) for approving the justification for using procedures other than competitive procedures, as required under

section 303(f)(1)(B)(iii) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)(B)(iii)); and

(2) may—

(A) lease an interest in property for not more than

20 years;

(B) consider the reasonable probable future use of the

underlying land in making an award for a condemnation

of an interest in airspace;

(C) construct, or acquire an interest in, a public building (as defined in section 13 of the Public Buildings Act

of 1959 (40 U.S.C. 612)) only under a delegation of authority from the Administrator of General Services;

(D) use procedures other than competitive procedures,

as provided under section 303(c) of the Federal Property

and Administrative Services Act of 1949 (41 U.S.C. 253(c));

(E) use procedures other than competitive procedures

only when the property or services needed by the Administrator of the Federal Aviation Administration are available

from only one responsible source or only from a limited

number of responsible sources and no other type of property

or services will satisfy the needs of the Administrator;

and

(F) dispose of property under subsection (a)(2) of this

section, except for airport and airway property and technical equipment used for the special purposes of the

Administration, only under title II of the Federal Property

and Administrative Services Act of 1949 (40 U.S.C. 481

et seq.).

§ 40111. Multiyear procurement contracts for services and

related items

(a) GENERAL AUTHORITY.—Notwithstanding section 1341(a)(1)(B) of title 31, the Administrator of the Federal Aviation

Administration may make a contract of not more than 5 years

for the following types of services and items of supply related

to those services for which amounts otherwise would be available

for obligation only in the fiscal year for which appropriated:

(1) operation, maintenance, and support of facilities and

installations.

(2) operation, maintenance, and modification of aircraft,

vehicles, and other highly complex equipment.

(3) specialized training requiring high quality instructor

skills, including training of pilots and aircrew members and

foreign language training.

(4) base services, including ground maintenance, aircraft

refueling, bus transportation, and refuse collection and disposal.
H. R. 1758—364

(b) REQUIRED FINDINGS.—The Administrator may make a contract under this section only if the Administrator finds that—

(1) there will be a continuing requirement for the service

consistent with current plans for the proposed contract period;

(2) providing the service will require a substantial initial

investment in plant or equipment, or will incur a substantial

contingent liability for assembling, training, or transporting

a specialized workforce; and

(3) the contract will promote the best interests of the United

States by encouraging effective competition and promoting

economies in operation.

(c) CONSIDERATIONS.—When making a contract under this section, the Administrator shall be guided by the following:

(1) The part of the cost of a plant or equipment amortized

as a cost of contract performance may not be more than the

ratio between the period of contract performance and the anticipated useful commercial life (instead of physical life) of the

plant or equipment, considering the location and specialized

nature of the plant or equipment, obsolescence, and other similar factors.

(2) The Administrator shall consider the desirability of—

(A) obtaining an option to renew the contract for a

reasonable period of not more than 3 years, at a price

that does not include charges for nonrecurring costs already

amortized; and

(B) reserving in the Administrator the right, on payment of the unamortized part of the cost of the plant

or equipment, to take title to the plant or equipment under

appropriate circumstances.

(d) ENDING CONTRACTS.—A contract made under this section

shall be ended if amounts are not made available to continue

the contract into a subsequent fiscal year. The cost of ending

the contract may be paid from—

(1) an appropriation originally available for carrying out

the contract;

(2) an appropriation currently available for procuring the

type of service concerned and not otherwise obligated; or

(3) amounts appropriated for payments to end the contract.

§ 40112. Multiyear procurement contracts for property

(a) GENERAL AUTHORITY.—Notwithstanding section

1341(a)(1)(B) of title 31 and to the extent that amounts otherwise

are available for obligation, the Administrator of the Federal Aviation Administration may make a contract of more than one but

not more than 5 fiscal years to purchase property, except a contract

to construct, alter, or make a major repair or improvement to

real property or a contract to purchase property to which section

111 of the Federal Property and Administrative Services Act of

1949 (40 U.S.C. 759) applies.

(b) REQUIRED FINDINGS.—The Administrator may make a contract under this section if the Administrator finds that—

(1) the contract will promote the safety or efficiency of

the national airspace system and will result in reduced total

contract costs;

(2) the minimum need for the property to be purchased

is expected to remain substantially unchanged during the pro-
H. R. 1758—365

posed contract period in terms of production rate, procurement

rate, and total quantities;

(3) there is a reasonable expectation that throughout the

proposed contract period the Administrator will request appropriations for the contract at the level required to avoid cancellation;

(4) there is a stable design for the property to be acquired

and the technical risks associated with the property are not

excessive; and

(5) the estimates of the contract costs and the anticipated

savings from the contract are realistic.

(c) REGULATIONS.—The Administrator shall prescribe regulations for acquiring property under this section to promote the use

of contracts under this section in a way that will allow the most

efficient use of those contracts. The regulations may provide for

a cancellation provision in the contract to the extent the provision

is necessary and in the best interest of the United States. The

provision may include consideration of recurring and nonrecurring

costs of the contractor associated with producing the item to be

delivered under the contract. The regulations shall provide that,

to the extent practicable—

(1) to broaden the aviation industrial base—

(A) a contract under this section shall be used to seek,

retain, and promote the use under that contract of subcontractors, vendors, or suppliers; and

(B) on accrual of a payment or other benefit accruing

on a contract under this section to a subcontractor, vendor,

or supplier participating in the contract, the payment or

benefit shall be delivered in the most expeditious way

practicable; and

(2) this section and regulations prescribed under this section may not be carried out in a way that precludes or curtails

the existing ability of the Administrator to provide for— (A) competition in producing items to be delivered

under a contract under this section; or

(B) ending a prime contract when performance is deficient with respect to cost, quality, or schedule. (d) CONTRACT PROVISIONS.—(1) A contract under this section

may— (A) be used for the advance procurement of components,

parts, and material necessary to manufacture equipment to

be used in the national airspace system; (B) provide that performance under the contract after the

first year is subject to amounts being appropriated; and (C) contain a negotiated priced option for varying the number of end items to be procured over the period of the contract.

(2) If feasible and practicable, an advance procurement contract

may be made to achieve economic-lot purchases and more efficient

production rates.

(e) CANCELLATION PAYMENT AND NOTICE OF CANCELLATION

CEILING.—(1) If a contract under this section provides that performance is subject to an appropriation being made, it also may provide

for a cancellation payment to be made to the contractor if the

appropriation is not made.

(2) Before awarding a contract under this section containing

a cancellation ceiling of more than $100,000,000, the Administrator

shall give written notice of the proposed contract and cancellation
H. R. 1758—366

ceiling to the Committee on Commerce, Science, and Transportation

of the Senate and the Committee on Public Works and Transportation of the House of Representatives. The contract may not be

awarded until the end of the 30-day period beginning on the date

of the notice.

(f) ENDING CONTRACTS.—A contract made under this section

shall be ended if amounts are not made available to continue

the contract into a subsequent fiscal year. The cost of ending

the contract may be paid from—

(1) an appropriation originally available for carrying out

the contract;

(2) an appropriation currently available for procuring the

type of property concerned and not otherwise obligated; or

(3) amounts appropriated for payments to end the contract.

§ 40113. Administrative

(a) GENERAL AUTHORITY.—The Secretary of Transportation (or

the Administrator of the Federal Aviation Administration with

respect to aviation safety duties and powers designated to be carried

out by the Administrator) may take action the Secretary or Administrator, as appropriate, considers necessary to carry out this part,

including conducting investigations, prescribing regulations, standards, and procedures, and issuing orders.

(b) HAZARDOUS MATERIAL.—In carrying out this part, the Secretary has the same authority to regulate the transportation of

hazardous material by air that the Secretary has under section

5103 of this title. However, this subsection does not prohibit or

regulate the transportation of a firearm (as defined in section

232 of title 18) or ammunition for a firearm, when transported

by an individual for personal use. (c) GOVERNMENTAL ASSISTANCE.—The Secretary (or the

Administrator of the Federal Aviation Administration with respect

to aviation safety duties and powers designated to be carried out

by the Administrator) may use the assistance of the Administrator

of the National Aeronautics and Space Administration and any

research or technical department, agency, or instrumentality of

the United States Government on matters related to aircraft fuel

and oil, and to the design, material, workmanship, construction,

performance, maintenance, and operation of aircraft, aircraft

engines, propellers, appliances, and air navigation facilities. Each

department, agency, and instrumentality may conduct scientific

and technical research, investigations, and tests necessary to assist

the Secretary or Administrator of the Federal Aviation Administration in carrying out this part. This part does not authorize duplicating laboratory research activities of a department, agency, or

instrumentality.

(d) INDEMNIFICATION.—The Administrator of the Federal Aviation Administration may indemnify an officer or employee of the

Administration against a claim or judgment arising out of an act

that the Administrator decides was committed within the scope

of the official duties of the officer or employee.

§ 40114. Reports and records

(a) WRITTEN REPORTS.—(1) Except as provided in this part,

the Secretary of Transportation (or the Administrator of the Federal

Aviation Administration with respect to aviation safety duties and

powers designated to be carried out by the Administrator) shall
H. R. 1758—367

make a written report of each proceeding and investigation under

this part in which a formal hearing was held and shall provide

a copy to each party to the proceeding or investigation. The report

shall include the decision, conclusions, order, and requirements

of the Secretary or Administrator as appropriate.

(2) The Secretary (or the Administrator with respect to aviation

safety duties and powers designated to be carried out by the

Administrator) shall have all reports, orders, decisions, and regulations the Secretary or Administrator, as appropriate, issues or

prescribes published in the form and way best adapted for public

use. A publication of the Secretary or Administrator is competent

evidence of its contents.

(b) PUBLIC RECORDS.—Except as provided in subpart II of this

part, copies of tariffs and arrangements filed with the Secretary

under subpart II, and the statistics, tables, and figures contained

in reports made to the Secretary under subpart II, are public

records. The Secretary is the custodian of those records. A public

record, or a copy or extract of it, certified by the Secretary under

the seal of the Department of Transportation is competent evidence

in an investigation by the Secretary and in a judicial proceeding.

§ 40115. Withholding information

(a) OBJECTIONS TO DISCLOSURE.—(1) A person may object to

the public disclosure of information—

(A) in a record filed under this part; or

(B) obtained under this part by the Secretary of Transportation or State or the United States Postal Service.

(2) An objection must be in writing and must state the reasons

for the objection. The Secretary of Transportation or State or the

Postal Service shall order the information withheld from public

disclosure when the appropriate Secretary or the Postal Service

decides that disclosure of the information would—

(A) prejudice the United States Government in preparing

and presenting its position in international negotiations; or (B) have an adverse effect on the competitive position of

an air carrier in foreign air transportation.

(b) WITHHOLDING INFORMATION FROM CONGRESS.—This section

does not authorize information to be withheld from a committee

of Congress authorized to have the information.

§ 40116. State taxation

(a) DEFINITION.—In this section, ‘‘State’’ includes the District

of Columbia, a territory or possession of the United States, and

a political authority of at least 2 States. (b) PROHIBITIONS.—Except as provided in subsection (c) of this

section and section 40117 of this title, a State or political subdivision

of a State may not levy or collect a tax, fee, head charge, or

other charge on—

(1) an individual traveling in air commerce;

(2) the transportation of an individual traveling in air

commerce;

(3) the sale of air transportation; or

(4) the gross receipts from that air commerce or transportation.

(c) AIRCRAFT TAKING OFF OR LANDING IN STATE.—A State or

political subdivision of a State may levy or collect a tax on or

related to a flight of a commercial aircraft or an activity or service
H. R. 1758—368

on the aircraft only if the aircraft takes off or lands in the State

or political subdivision as part of the flight.

(d) UNREASONABLE BURDENS AND DISCRIMINATION AGAINST

INTERSTATE COMMERCE.—(1) In this subsection—

(A) ‘‘air carrier transportation property’’ means property

(as defined by the Secretary of Transportation) that an air

carrier providing air transportation owns or uses.

(B) ‘‘assessment’’ means valuation for a property tax levied

by a taxing district.

(C) ‘‘assessment jurisdiction’’ means a geographical area

in a State used in determining the assessed value of property

for ad valorem taxation.

(D) ‘‘commercial and industrial property’’ means property

(except transportation property and land used primarily for

agriculture or timber growing) devoted to a commercial or

industrial use and subject to a property tax levy.

(2)(A) A State, political subdivision of a State, or authority

acting for a State or political subdivision may not do any of the

following acts because those acts unreasonably burden and discriminate against interstate commerce:

(i) assess air carrier transportation property at a value

that has a higher ratio to the true market value of the property

than the ratio that the assessed value of other commercial

and industrial property of the same type in the same assessment jurisdiction has to the true market value of the other

commercial and industrial property.

(ii) levy or collect a tax on an assessment that may not

be made under clause (i) of this subparagraph.

(iii) levy or collect an ad valorem property tax on air

carrier transportation property at a tax rate greater than the

tax rate applicable to commercial and industrial property in

the same assessment jurisdiction.

(B) Subparagraph (A) of this paragraph does not apply to

an in lieu tax completely used for airport and aeronautical purposes.

(e) OTHER ALLOWABLE TAXES AND CHARGES.—Except as provided in subsection (d) of this section, a State or political subdivision

of a State may levy or collect—

(1) taxes (except those taxes enumerated in subsection

(b) of this section), including property taxes, net income taxes,

franchise taxes, and sales or use taxes on the sale of goods

or services; and

(2) reasonable rental charges, landing fees, and other service charges from aircraft operators for using airport facilities

of an airport owned or operated by that State or subdivision.

(f) PAY OF AIR CARRIER EMPLOYEES.—(1) In this subsection—

(A) ‘‘pay’’ means money received by an employee for services.

(B) ‘‘State’’ means a State of the United States, the District

of Columbia, and a territory or possession of the United States.

(C) an employee is deemed to have earned 50 percent

of the employee’s pay in a State or political subdivision of

a State in which the scheduled flight time of the employee

in the State or subdivision is more than 50 percent of the

total scheduled flight time of the employee when employed

during the calendar year.
H. R. 1758—369

(2) The pay of an employee of an air carrier having regularly

assigned duties on aircraft in at least 2 States is subject to the

income tax laws of only the following:

(A) the State or political subdivision of the State that

is the residence of the employee.

(B) the State or political subdivision of the State in which

the employee earns more than 50 percent of the pay received

by the employee from the carrier.

§ 40117. Passenger facility fees

(a) DEFINITIONS.—In this section—

(1) ‘‘airport’’, ‘‘commercial service airport’’, and ‘‘public

agency’’ have the same meanings given those terms in section

47102 of this title.

(2) ‘‘eligible agency’’ means a public agency that controls

a commercial service airport.

(3) ‘‘eligible airport-related project’’ means a project—

(A) for airport development or airport planning under

subchapter I of chapter 471 of this title;

(B) for terminal development described in section

47110(d) of this title;

(C) for airport noise capability planning under section

47505 of this title;

(D) to carry out noise compatibility measures eligible

for assistance under section 47504 of this title, whether

or not a program for those measures has been approved

under section 47504; and

(E) for constructing gates and related areas at which

passengers board or exit aircraft.

(4) ‘‘passenger facility fee’’ means a fee imposed under

this section.

(5) ‘‘passenger facility revenue’’ means revenue derived

from a passenger facility fee.

(b) GENERAL AUTHORITY.—(1) The Secretary of Transportation

may authorize under this section an eligible agency to impose

a passenger facility fee of $1, $2, or $3 on each paying passenger

of an air carrier or foreign air carrier boarding an aircraft at

an airport the agency controls to finance an eligible airport-related

project, including making payments for debt service on indebtedness

incurred to carry out the project, to be carried out in connection

with the airport or any other airport the agency controls. (2) A State, political subdivision of a State, or authority of

a State or political subdivision that is not the eligible agency

may not regulate or prohibit the imposition or collection of a passenger facility fee or the use of the passenger facility revenue.

(3) A passenger facility fee may be imposed on a passenger

of an air carrier or foreign air carrier originating or connecting

at the commercial service airport that the agency controls.

(c) APPLICATIONS.—(1) An eligible agency must submit to the

Secretary an application for authority to impose a passenger facility

fee. The application shall contain information and be in the form

that the Secretary may require by regulation.

(2) Before submitting an application, the eligible agency must

provide reasonable notice to, and an opportunity for consultation

with, air carriers and foreign air carriers operating at the airport.

The Secretary shall prescribe regulations that define reasonable

notice and contain at least the following requirements:
H. R. 1758—370

(A) The agency must provide written notice of individual

projects being considered for financing by a passenger facility

fee and the date and location of a meeting to present the

projects to air carriers and foreign air carriers operating at

the airport.

(B) Not later than 30 days after written notice is provided

under subparagraph (A) of this paragraph, each air carrier

and foreign air carrier operating at the airport must provide

to the agency written notice of receipt of the notice. Failure

of a carrier to provide the notice may be deemed certification

of agreement with the project by the carrier under subparagraph (D) of this paragraph.

(C) Not later than 45 days after written notice is provided

under subparagraph (A) of this paragraph, the agency must

conduct a meeting to provide air carriers and foreign air carriers

with descriptions of projects and justifications and a detailed

financial plan for projects.

(D) Not later than 30 days after the meeting, each air

carrier and foreign air carrier must provide to the agency

certification of agreement or disagreement with projects (or

total plan for the projects). Failure to provide the certification

is deemed certification of agreement with the project by the

carrier. A certification of disagreement is void if it does not

contain the reasons for the disagreement.

(3) After receiving an application, the Secretary shall provide

notice and an opportunity to air carriers, foreign air carriers, and

other interested persons to comment on the application. The Secretary shall make a final decision on the application not later

than 120 days after receiving it.

(d) LIMITATIONS ON APPROVING APPLICATIONS.—The Secretary

may approve an application that an eligible agency has submitted

under subsection (c) of this section to finance a specific project

only if the Secretary finds, based on the application, that—

(1) the amount and duration of the proposed passenger

facility fee will result in revenue (including interest and other

returns on the revenue) that is not more than the amount

necessary to finance the specific project; and

(2) each project is an eligible airport-related project that

will—

(A) preserve or enhance capacity, safety, or security

of the national air transportation system;

(B) reduce noise resulting from an airport that is part

of the system; or

(C) provide an opportunity for enhanced competition

between or among air carriers and foreign air carriers.

(e) LIMITATIONS ON IMPOSING FEES.—(1) An eligible agency

may impose a passenger facility fee only—

(A) if the Secretary approves an application that the agency

has submitted under subsection (c) of this section; and

(B) subject to terms the Secretary may prescribe to carry

out the objectives of this section.

(2) A passenger facility fee may not be collected from a passenger—

(A) for more than 2 boardings on a one-way trip or a

trip in each direction of a round trip;
H. R. 1758—371

(B) for the boarding to an eligible place under subchapter

II of chapter 417 of this title for which essential air service

compensation is paid under subchapter II; and

(C) for a project the Secretary does not approve under

this section before October 1, 1993, if, during the fiscal year

ending September 30, 1993, the amount available for obligation

under subchapter II of chapter 417 of this title is less than

$38,600,000, except that this clause—

(i) does not apply if the amount available for obligation

under subchapter II of chapter 417 of this title is less

than $38,600,000 because of sequestration or other general

appropriations reductions applied proportionately to appropriations accounts throughout an appropriation law; and

(ii) does not affect the authority of the Secretary to

approve the imposition of a fee or the use of revenues,

derived from a fee imposed under an approval made under

this section, by a public agency that has received an

approval to impose a fee under this section before September 30, 1993, regardless of whether the fee is being imposed

on September 30, 1993.

(f) LIMITATIONS ON CONTRACTS, LEASES, AND USE AGREEMENTS.—(1) A contract between an air carrier or foreign air carrier

and an eligible agency made at any time may not impair the

authority of the agency to impose a passenger facility fee or to

use the passenger facility revenue as provided in this section.

(2) A project financed with a passenger facility fee may not

be subject to an exclusive long-term lease or use agreement of

an air carrier or foreign air carrier, as defined by regulations

of the Secretary. (3) A lease or use agreement of an air carrier or foreign air

carrier related to a project whose construction or expansion was

financed with a passenger facility fee may not restrict the eligible

agency from financing, developing, or assigning new capacity at

the airport with passenger facility revenue. (g) TREATMENT OF REVENUE.—(1) Passenger facility revenue

is not airport revenue for purposes of establishing a price under

a contract between an eligible agency and an air carrier or foreign

air carrier.

(2) An eligible agency may not include in its price base the

part of the capital costs of a project paid for by using passenger

facility revenue to establish a price under a contract between the

agency and an air carrier or foreign air carrier. (3) For a project for terminal development, gates and related

areas, or a facility occupied or used by at least one air carrier

or foreign air carrier on an exclusive or preferential basis, a price

payable by an air carrier or foreign air carrier using the facilities

must at least equal the price paid by an air carrier or foreign

air carrier using a similar facility at the airport that was not

financed with passenger facility revenue.

(h) COMPLIANCE.—(1) As necessary to ensure compliance with

this section, the Secretary shall prescribe regulations requiring

recordkeeping and auditing of accounts maintained by an air carrier

or foreign air carrier and its agent collecting a passenger facility

fee and by the eligible agency imposing the fee.

(2) The Secretary periodically shall audit and review the use

by an eligible agency of passenger facility revenue. After review

and a public hearing, the Secretary may end any part of the
H. R. 1758—372

authority of the agency to impose a passenger facility fee to the

extent the Secretary decides that the revenue is not being used

as provided in this section.

(3) The Secretary may set off amounts necessary to ensure

compliance with this section against amounts otherwise payable

to an eligible agency under subchapter I of chapter 471 of this

title if the Secretary decides a passenger facility fee is excessive

or that passenger facility revenue is not being used as provided

in this section.

(i) REGULATIONS.—The Secretary shall prescribe regulations

necessary to carry out this section. The regulations—

(1) may prescribe the time and form by which a passenger

facility fee takes effect; and

(2) shall—

(A) require an air carrier or foreign air carrier and

its agent to collect a passenger facility fee that an eligible

agency imposes under this section;

(B) establish procedures for handling and remitting

money collected;

(C) ensure that the money, less a uniform amount

the Secretary determines reflects the average necessary

and reasonable expenses (net of interest accruing to the

carrier and agent after collection and before remittance)

incurred in collecting and handling the fee, is paid promptly

to the eligible agency for which they are collected; and

(D) require that the amount collected for any air

transportation be noted on the ticket for that air transportation.

§ 40118. Government-financed air transportation

(a) TRANSPORTATION BY AIR CARRIERS HOLDING CERTIFI- CATES.—A department, agency, or instrumentality of the United

States Government shall take necessary steps to ensure that the

transportation of passengers and property by air is provided by

an air carrier holding a certificate under section 41102 of this

title if—

(1) the department, agency, or instrumentality— (A) obtains the transportation for itself or in carrying

out an arrangement under which payment is made by

the Government or payment is made from amounts provided for the use of the Government; or

(B) provides the transportation to or for a foreign country or international or other organization without

reimbursement;

(2) the transportation is authorized by the certificate or

by regulation or exemption of the Secretary of Transportation;

and

(3) the air carrier is—

(A) available, if the transportation is between a place

in the United States and a place outside the United States;

or

(B) reasonably available, if the transportation is

between 2 places outside the United States.

(b) TRANSPORTATION BY FOREIGN AIR CARRIERS.—This section

does not preclude the transportation of passengers and property

by a foreign air carrier if the transportation is provided under

a bilateral or multilateral air transportation agreement to which
H. R. 1758—373

the Government and the government of a foreign country are parties

if the agreement—

(1) is consistent with the goals for international aviation

policy of section 40101(e) of this title; and

(2) provides for the exchange of rights or benefits of similar

magnitude.

(c) PROOF.—The Comptroller General shall allow the expenditure of an appropriation for transportation in violation of this

section only when satisfactory proof is presented showing the necessity for the transportation.

(d) TRANSPORTATION BY FOREIGN AIR CARRIERS.—Notwithstanding subsections (a) and (c) of this section, any amount appropriated to the Secretary of State, the Director of the United States

Information Agency, the Director of the United States International

Development Cooperation Agency, or the Director of the Arms Control and Disarmament Agency may be used to pay for the transportation of an officer or employee of the Department of State or

one of those agencies, a dependent of the officer or employee,

and accompanying baggage, by a foreign air carrier when the

transportation is between 2 places outside the United States.

(e) RELATIONSHIP TO OTHER LAWS.—This section does not affect

the application of the antidiscrimination provisions of this part.

§ 40119. Security and research and development activities

(a) GENERAL REQUIREMENTS.—The Administrator of the Federal

Aviation Administration shall conduct research (including behavioral research) and development activities appropriate to develop,

modify, test, and evaluate a system, procedure, facility, or device

to protect passengers and property against acts of criminal violence

and aircraft piracy. (b) DISCLOSURE.—(1) Notwithstanding section 552 of title 5,

the Administrator shall prescribe regulations prohibiting disclosure

of information obtained or developed in carrying out security or

research and development activities under section 44501(a) or (c),

44502(a)(1) or (3), (b), or (c), 44504, 44505, 44507, 44508, 44511,

44512, 44513, 44901, 44903(a), (b), (c), or (e), 44905, 44912, 44935,

44936, or 44938(a) or (b) of this title if the Administrator decides

disclosing the information would— (A) be an unwarranted invasion of personal privacy;

(B) reveal a trade secret or privileged or confidential

commercial or financial information; or

(C) be detrimental to the safety of passengers in air

transportation.

(2) Paragraph (1) of this subsection does not authorize information to be withheld from a committee of Congress authorized to

have the information.

(c) TRANSFERS OF DUTIES AND POWERS PROHIBITED.—Except

as otherwise provided by law, the Administrator may not transfer

a duty or power under this section to another department, agency,

or instrumentality of the United States Government.

§ 40120. Relationship to other laws

(a) NONAPPLICATION.—Except as provided in the International

Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.), the navigation and shipping laws of the United States and the rules for

the prevention of collisions do not apply to aircraft or to the navigation of vessels related to those aircraft.
H. R. 1758—374

(b) EXTENDING APPLICATION OUTSIDE UNITED STATES.—The

President may extend (in the way and for periods the President

considers necessary) the application of this part to outside the

United States when—

(1) an international arrangement gives the United States

Government authority to make the extension; and

(2) the President decides the extension is in the national

interest.

(c) ADDITIONAL REMEDIES.—A remedy under this part is in

addition to any other remedies provided by law.

SUBPART II—ECONOMIC REGULATION

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.

§ 41101. Requirement for a certificate

(a) GENERAL.—Except as provided in this chapter or another

law—

(1) an air carrier may provide air transportation only if

the air carrier holds a certificate issued under this chapter

authorizing the air transportation; (2) a charter air carrier may provide charter air transportation only if the charter air carrier holds a certificate issued

under this chapter authorizing the charter air transportation;

and

(3) an air carrier may provide all-cargo air transportation

only if the air carrier holds a certificate issued under this

chapter authorizing the all-cargo air transportation.

(b) THROUGH SERVICE AND JOINT TRANSPORTATION.—A citizen

of the United States providing transportation in a State of passengers or property as a common carrier for compensation with

aircraft capable of carrying at least 30 passengers, under authority

granted by the appropriate State authority—

(1) may provide transportation for passengers and property

that includes through service by the citizen over its routes

in the State and in air transportation by an air carrier or

foreign air carrier; and

(2) subject to sections 41309 and 42111 of this title, may

make an agreement with an air carrier or foreign air carrier

to provide the joint transportation.

(c) PROPRIETARY OR EXCLUSIVE RIGHT NOT CONFERRED.—A certificate issued under this chapter does not confer a proprietary

or exclusive right to use airspace, an airway of the United States,

or an air navigation facility.
H. R. 1758—375

§ 41102. General, temporary, and charter air transportation

certificates of air carriers

(a) ISSUANCE.—The Secretary of Transportation may issue a

certificate of public convenience and necessity to a citizen of the

United States authorizing the citizen to provide any part of the

following air transportation the citizen has applied for under section

41108 of this title:

(1) air transportation as an air carrier.

(2) temporary air transportation as an air carrier for a

limited period.

(3) charter air transportation as a charter air carrier.

(b) FINDINGS REQUIRED FOR ISSUANCE.—(1) Before issuing a

certificate under subsection (a) of this section, the Secretary must

find that the citizen is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this

part and regulations of the Secretary.

(2) In addition to the findings under paragraph (1) of this

subsection, the Secretary, before issuing a certificate under subsection (a) of this section for foreign air transportation, must find

that the transportation is consistent with the public convenience

and necessity.

(c) TEMPORARY CERTIFICATES.—The Secretary may issue a certificate under subsection (a) of this section for interstate air

transportation (except the transportation of passengers) or foreign

air transportation for a temporary period of time (whether the

application is for permanent or temporary authority) when the

Secretary decides that a test period is desirable—

(1) to decide if the projected services, efficiencies, methods,

and prices and the projected results will materialize and remain

for a sustained period of time; or

(2) to evaluate the new transportation.

(d) FOREIGN AIR TRANSPORTATION.—The Secretary shall submit

each decision authorizing the provision of foreign air transportation

to the President under section 41307 of this title.

§ 41103. All-cargo air transportation certificates of air carriers

(a) APPLICATIONS.—A citizen of the United States may apply

to the Secretary of Transportation for a certificate authorizing the

citizen to provide all-property air transportation. The application

must contain information and be in the form the Secretary by

regulation requires.

(b) ISSUANCE.—Not later than 180 days after an application

for a certificate is filed under this section, the Secretary shall

issue the certificate to a citizen of the United States authorizing

the citizen, as an air carrier, to provide any part of the all-cargo

air transportation applied for unless the Secretary finds that the

citizen is not fit, willing, and able to provide the all-cargo air

transportation to be authorized by the certificate and to comply

with regulations of the Secretary. (c) TERMS.—The Secretary may impose terms the Secretary

considers necessary when issuing a certificate under this section.

However, the Secretary may not impose terms that restrict the

places served or prices charged by the holder of the certificate.

(d) EXEMPTIONS AND STATUS.—A citizen issued a certificate

under this section—
H. R. 1758—376

(1) is exempt in providing the transportation under the

certificate from the requirements of—

(A) section 41101(a)(1) of this title and regulations

or procedures prescribed under section 41101(a)(1); and

(B) other provisions of this part and regulations or

procedures prescribed under those provisions when the Secretary finds under regulations of the Secretary that the

exemption is appropriate; and

(2) is an air carrier under this part except to the extent

the carrier is exempt under this section from a requirement

of this part.

§ 41104. Additional limitations and requirements of charter

air carriers

(a) RESTRICTIONS.—The Secretary of Transportation may prescribe a regulation or issue an order restricting the marketability,

flexibility, accessibility, or variety of charter air transportation provided under a certificate issued under section 41102 of this title

only to the extent required by the public interest. A regulation

prescribed or order issued under this subsection may not be more

restrictive than a regulation related to charter air transportation

that was in effect on October 1, 1978.

(b) ALASKA.—An air carrier holding a certificate issued under

section 41102 of this title may provide charter air transportation

between places in Alaska only to the extent the Secretary decides

the transportation is required by public convenience and necessity.

The Secretary may make that decision when issuing, amending,

or modifying the certificate. This subsection does not apply to a

certificate issued under section 41102 to a citizen of the United

States who, before July 1, 1977—

(1) maintained a principal place of business in Alaska;

and

(2) conducted air transport operations between places in

Alaska with aircraft with a certificate for gross takeoff weight

of more than 40,000 pounds.

(c) SUSPENSIONS.—(1) The Secretary shall suspend for not more

than 30 days any part of the certificate of a charter air carrier

if the Secretary decides that the failure of the carrier to comply

with the requirements described in sections 41110(e) and 41112

of this title, or a regulation or order of the Secretary under section

41110(e) or 41112, requires immediate suspension in the interest

of the rights, welfare, or safety of the public. The Secretary may

act under this paragraph without notice or a hearing.

(2) The Secretary shall begin immediately a hearing to decide

if the certificate referred to in paragraph (1) of this subsection

should be amended, modified, suspended, or revoked. Until the

hearing is completed, the Secretary may suspend the certificate

for additional periods totaling not more than 60 days. If the Secretary decides that the carrier is complying with the requirements

described in sections 41110(e) and 41112 of this title and regulations

and orders under sections 41110(e) and 41112, the Secretary immediately may end the suspension period and proceeding begun under

this subsection. However, the Secretary is not prevented from

imposing a civil penalty on the carrier for violating the requirements

described in section 41110(e) or 41112 or a regulation or order

under section 41110(e) or 41112.
H. R. 1758—377

§ 41105. Transfers of certificates

(a) GENERAL.—A certificate issued under section 41102 of this

title may be transferred only when the Secretary of Transportation

approves the transfer as being consistent with the public interest.

(b) CERTIFICATION TO CONGRESS.—When a certificate is transferred, the Secretary shall certify to the Committee on Commerce,

Science, and Transportation of the Senate and the Committee on

Public Works and Transportation of the House of Representatives

that the transfer is consistent with the public interest. The Secretary shall include with the certification a report analyzing the

effects of the transfer on—

(1) the viability of each carrier involved in the transfer;

(2) competition in the domestic airline industry; and

(3) the trade position of the United States in the international air transportation market.

§ 41106. Airlift service

(a) GENERAL.—(1) Except as provided in subsection (b) of this

section, the transportation of passengers or property by transport

category aircraft in interstate air transportation obtained by the

Secretary of Defense or the Secretary of a military department

through a contract of at least 31 days for airlift service in the

United States may be provided only by an air carrier that—

(A) has aircraft in the civil reserve air fleet or offers to

place the aircraft in that fleet; and

(B) holds a certificate issued under section 41102 of this

title.

(2) The Secretary of Transportation shall act as expeditiously

as possible on an application for a certificate under section 41102

of this title to provide airlift service.

(b) EXCEPTION.—When the Secretary of Defense decides that

no air carrier holding a certificate under section 41102 is capable

of providing, and willing to provide, the airlift service, the Secretary

of Defense may make a contract to provide the service with an

air carrier not having a certificate.

§ 41107. Transportation of mail

When the United States Postal Service finds that the needs

of the Postal Service require the transportation of mail by aircraft

in foreign air transportation or between places in Alaska, in addition

to the transportation of mail authorized under certificates in effect,

the Postal Service shall certify that finding to the Secretary of

Transportation with a statement about the additional transportation and facilities necessary to provide the additional transportation. A copy of each certification and statement shall be posted

for at least 20 days in the office of the Secretary. After notice

and an opportunity for a hearing, the Secretary shall issue a new

certificate under section 41102 of this title, or amend or modify

an existing certificate under section 41110(a)(2)(A) of this title,

to provide the additional transportation and facilities if the Secretary finds the additional transportation is required by the public

convenience and necessity.

§ 41108. Applications for certificates

(a) FORM, CONTENTS, AND PROOF OF SERVICE.—To be issued

a certificate of public convenience and necessity under section 41102
H. R. 1758—378

of this title, a citizen of the United States must apply to the

Secretary of Transportation. The application must—

(1) be in the form and contain information required by

regulations of the Secretary; and

(2) be accompanied by proof of service on interested persons

as required by regulations of the Secretary and on each community that may be affected by the issuance of the certificate.

(b) NOTICE, RESPONSE, AND ACTIONS ON APPLICATIONS.—(1)

When an application is filed, the Secretary shall post a notice

of the application in the office of the Secretary and give notice

of the application to other persons as required by regulations of

the Secretary. An interested person may file a response with the

Secretary opposing or supporting the issuance of the certificate.

Not later than 90 days after the application is filed, the Secretary

shall—

(A) provide an opportunity for a public hearing on the

application;

(B) begin the procedure under section 41111 of this title;

or

(C) dismiss the application on its merits.

(2) An order of dismissal issued by the Secretary under paragraph (1)(C) of this subsection is a final order and may be reviewed

judicially under section 46110 of this title.

(3) If the Secretary provides an opportunity for a hearing under

paragraph (1)(A) of this subsection, an initial or recommended

decision shall be issued not later than 150 days after the date

the Secretary provides the opportunity. The Secretary shall issue

a final order on the application not later than 90 days after the

decision is issued. However, if the Secretary does not act within

the 90-day period, the initial or recommended decision on an

application to provide—

(A) interstate air transportation is a final order and may

be reviewed judicially under section 46110 of this title; and

(B) foreign air transportation shall be submitted to the

President under section 41307 of this title.

(4) If the Secretary acts under paragraph (1)(B) of this subsection, the Secretary shall issue a final order on the application

not later than 180 days after beginning the procedure on the

application.

(5) If a citizen applying for a certificate does not meet the

procedural schedule adopted by the Secretary in a proceeding, the

Secretary may extend the period for acting under paragraphs (3)

and (4) of this subsection by a period equal to the period of delay

caused by the citizen. In addition to an extension under this paragraph, an initial or recommended decision under paragraph (3)

of this subsection may be delayed for not more than 30 days

in extraordinary circumstances.

(c) PROOF REQUIREMENTS.—(1) A citizen applying for a certificate must prove that the citizen is fit, willing, and able to provide

the transportation referred to in section 41102 of this title and

to comply with this part.

(2) A person opposing a citizen applying for a certificate must

prove that the transportation referred to in section 41102(b)(2)

of this title is not consistent with the public convenience and necessity. The transportation is deemed to be consistent with the public

convenience and necessity unless the Secretary finds, by a prepon-
H. R. 1758—379

derance of the evidence, that the transportation is not consistent

with the public convenience and necessity.

§ 41109. Terms of certificates

(a) GENERAL.—(1) Each certificate issued under section 41102

of this title shall specify the type of transportation to be provided.

(2) The Secretary of Transportation—

(A) may prescribe terms for providing air transportation

under the certificate that the Secretary finds may be required

in the public interest; but

(B) may not prescribe a term preventing an air carrier

from adding or changing schedules, equipment, accommodations, and facilities for providing the authorized transportation

to satisfy business development and public demand.

(3) A certificate issued under section 41102 of this title to

provide foreign air transportation shall specify the places between

which the air carrier is authorized to provide the transportation

only to the extent the Secretary considers practicable and otherwise

only shall specify each general route to be followed. The Secretary

shall authorize an air carrier holding a certificate to provide foreign

air transportation to handle and transport mail of countries other

than the United States.

(4) A certificate issued under section 41102 of this title to

provide foreign charter air transportation shall specify the places

between which the air carrier is authorized to provide the transportation only to the extent the Secretary considers practicable and

otherwise only shall specify each geographical area in which, or

between which, the transportation may be provided. (b) MODIFYING TERMS.—(1) An air carrier may file with the

Secretary an application to modify any term of its certificate issued

under section 41102 of this title to provide interstate or foreign

air transportation. Not later than 60 days after an application

is filed, the Secretary shall— (A) provide the carrier an opportunity for an oral evidentiary hearing on the record; or (B) begin to consider the application under section 41111

of this title.

(2) The Secretary shall modify each term the Secretary finds to be inconsistent with the criteria under section 40101(a) and

(b) of this title.

(3) An application under this subsection may not be dismissed under section 41108(b)(1)(C) of this title.

§ 41110. Effective periods and amendments, modifications,

suspensions, and revocations of certificates

(a) GENERAL.—(1) Each certificate issued under section 41102

of this title is effective from the date specified in it and remains

in effect until—

(A) the Secretary of Transportation suspends or revokes

the certificate under this section;

(B) the end of the period the Secretary specifies for an

air carrier having a certificate of temporary authority issued

under section 41102(a)(2) of this title; or

(C) the Secretary certifies that transportation is no longer

being provided under a certificate.

(2) On application or on the initiative of the Secretary and

after notice and an opportunity for a hearing or, except as provided
H. R. 1758—380

in paragraph (4) of this subsection, under section 41111 of this

title, the Secretary may—

(A) amend, modify, or suspend any part of a certificate

if the Secretary finds the public convenience and necessity

require amendment, modification, or suspension; and

(B) revoke any part of a certificate if the Secretary finds

that the holder of the certificate intentionally does not comply

with this chapter, sections 41308–41310(a), 41501, 41503,

41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711,

41712, and 41731–41742, chapter 419, subchapter II of chapter

421, and section 46301(b) of this title, a regulation or order

of the Secretary under any of those provisions, or a term

of its certificate.

(3) The Secretary may revoke a certificate under paragraph

(2)(B) of this subsection only if the holder of the certificate does

not comply, within a reasonable time the Secretary specifies, with

an order to the holder requiring compliance.

(4) A certificate to provide foreign air transportation may not

be amended, modified, suspended, or revoked under section 41111

of this title if the holder of the certificate requests an oral evidentiary hearing or the Secretary finds, under all the facts and

circumstances, that the hearing is required in the public interest.

(b) ALL-CARGO AIR TRANSPORTATION.—The Secretary may order

that a certificate issued under section 41103 of this title authorizing

all-cargo air transportation is ineffective if, after notice and an

opportunity for a hearing, the Secretary finds that the transportation is not provided to the minimum extent specified by the

Secretary.

(c) FOREIGN AIR TRANSPORTATION.—(1) Notwithstanding subsection (a)(2)–(4) of this section, after notice and a reasonable opportunity for the affected air carrier to present its views, but without

a hearing, the Secretary may suspend or revoke the authority

of an air carrier to provide foreign air transportation to a place

under a certificate issued under section 41102 of this title if the

carrier—

(A) notifies the Secretary, under section 41734(a) of this

title or a regulation of the Secretary, that it intends to suspend

all transportation to that place; or

(B) does not provide regularly scheduled transportation

to the place for 90 days immediately before the date the Secretary notifies the carrier of the action the Secretary proposes.

(2) Paragraph (1)(B) of this subsection does not apply to a

place provided seasonal transportation comparable to the transportation provided during the prior year.

(d) TEMPORARY CERTIFICATES.—On application or on the initiative of the Secretary, the Secretary may—

(1) review the performance of an air carrier issued a certificate under section 41102(c) of this title on the basis that the

air carrier will provide innovative or low-priced air transportation under the certificate; and

(2) amend, modify, suspend, or revoke the certificate or

authority under subsection (a)(2) or (c) of this section if the

air carrier has not provided, or is not providing, the transportation.

(e) CONTINUING REQUIREMENTS.—After notice and an opportunity for a hearing, the Secretary shall amend, modify, suspend,
H. R. 1758—381

or revoke any part of a certificate issued under section 41102

of this title if the Secretary finds that the air carrier—

(1) is not fit, willing, and able to continue to provide the

transportation authorized by the certificate and to comply with

this part and regulations of the Secretary; or

(2) does not file reports necessary for the Secretary to

decide if the carrier is complying with the requirements of

clause (1) of this subsection.

(f) ILLEGAL IMPORTATION OF CONTROLLED SUBSTANCES.—The

Secretary—

(1) in consultation with appropriate departments, agencies,

and instrumentalities of the United States Government, shall

reexamine immediately the fitness of an air carrier that—

(A) violates the laws and regulations of the United

States related to the illegal importation of a controlled

substance; or

(B) does not adopt available measures to prevent the

illegal importation of a controlled substance into the United

States on its aircraft; and

(2) when appropriate, shall amend, modify, suspend, or

revoke the certificate of the carrier issued under this chapter.

(g) RESPONSES.—An interested person may file a response with

the Secretary opposing or supporting the amendment, modification,

suspension, or revocation of a certificate under subsection (a) of

this section.

§ 41111. Simplified procedure to apply for, amend, modify,

suspend, and transfer certificates

(a) GENERAL REQUIREMENTS.—(1) The Secretary of Transportation shall prescribe regulations that simplify the procedure for—

(A) acting on an application for a certificate to provide

air transportation under section 41102 of this title; and

(B) amending, modifying, suspending, or transferring any

part of that certificate under section 41105 or 41110(a) or

(c) of this title.

(2) Regulations under this section shall provide for notice and

an opportunity for each interested person to file appropriate written

evidence and argument. An oral evidentiary hearing is not required

to be provided under this section.

(b) WHEN SIMPLIFIED PROCEDURE USED.—The Secretary may

use the simplified procedure to act on an application for a certificate

to provide air transportation under section 41102 of this title,

or to amend, modify, suspend, or transfer any part of that certificate

under section 41105 or 41110(a) or (c) of this title, when the Secretary decides the use of the procedure is in the public interest.

(c) CONTENTS.—(1) To the extent the Secretary finds practicable, regulations under this section shall include each standard

the Secretary will apply when—

(A) deciding whether to use the simplified procedure; and

(B) making a decision on an action in which the procedure

is used.

(2) The regulations may provide that written evidence and

argument may be filed under section 41108(b) of this title as a

part of a response opposing or supporting the issuance of a

certificate.
H. R. 1758—382

§ 41112. Liability insurance and financial responsibility

(a) LIABILITY INSURANCE.—The Secretary of Transportation

may issue a certificate to a citizen of the United States to provide

air transportation as an air carrier under section 41102 of this

title only if the citizen complies with regulations and orders of

the Secretary governing the filing of an insurance policy or selfinsurance plan approved by the Secretary. The policy or plan must

be sufficient to pay, not more than the amount of the insurance,

for bodily injury to, or death of, an individual or for loss of, or

damage to, property of others, resulting from the operation or

maintenance of the aircraft under the certificate. A certificate does

not remain in effect unless the carrier complies with this subsection.

(b) FINANCIAL RESPONSIBILITY.—To protect passengers and

shippers using an aircraft operated by an air carrier issued a

certificate under section 41102 of this title, the Secretary may

require the carrier to file a performance bond or equivalent security

in the amount and on terms the Secretary prescribes. The bond

or security must be sufficient to ensure the carrier adequately

will pay the passengers and shippers when the transportation the

carrier agrees to provide is not provided. The Secretary shall prescribe the amounts to be paid under this subsection.

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.

§ 41301. Requirement for a permit

A foreign air carrier may provide foreign air transportation

only if the foreign air carrier holds a permit issued under this

chapter authorizing the foreign air transportation.

§ 41302. Permits of foreign air carriers

The Secretary of Transportation may issue a permit to a person (except a citizen of the United States) authorizing the person to

provide foreign air transportation as a foreign air carrier if the

Secretary finds that— (1) the person is fit, willing, and able to provide the foreign

air transportation to be authorized by the permit and to comply

with this part and regulations of the Secretary; and (2)(A) the person is qualified, and has been designated

by the government of its country, to provide the foreign air

transportation under an agreement with the United States

Government; or

(B) the foreign air transportation to be provided under

the permit will be in the public interest.
H. R. 1758—383

§ 41303. Transfers of permits

A permit issued under section 41302 of this title may be trans- ferred only when the Secretary of Transportation approves the

transfer because the transfer is in the public interest.

§ 41304. Effective periods and amendments, modifications,

suspensions, and revocations of permits

(a) GENERAL.—The Secretary of Transportation may prescribe the period during which a permit issued under section 41302 of

this title is in effect. After notice and an opportunity for a hearing,

the Secretary may amend, modify, suspend, or revoke the permit

if the Secretary finds that action to be in the public interest. (b) SUSPENSIONS AND RESTRICTIONS.—Without a hearing, but subject to the approval of the President, the Secretary— (1) may suspend summarily the permits of foreign air car- riers of a foreign country, or amend, modify, or limit the operations of the foreign air carriers under the permits, when

the Secretary finds— (A) the action is in the public interest; and

(B) the government, an aeronautical authority, or a foreign air carrier of the foreign country, over the objection

of the United States Government, has—

(i) limited or denied the operating rights of an

air carrier; or

(ii) engaged in unfair, discriminatory, or restrictive practices that have a substantial adverse competitive

impact on an air carrier related to air transportation

to, from, through, or over the territory of the foreign

country; and

(2) to make this subsection effective, may restrict operations between the United States and the foreign country by

a foreign air carrier of a third country.

(c) ILLEGAL IMPORTATION OF CONTROLLED SUBSTANCES.—The

Secretary—(1) in consultation with appropriate departments, agencies,

and instrumentalities of the Government, shall reexamine

immediately the fitness of a foreign air carrier that— (A) violates the laws and regulations of the United

States related to the illegal importation of a controlled

substance; or

(B) does not adopt available measures to prevent the

illegal importation of a controlled substance into the United

States on its aircraft; and

(2) when appropriate, shall amend, modify, suspend, or

revoke the permit of the carrier issued under this chapter.

(d) RESPONSES.—An interested person may file a response with

the Secretary opposing or supporting the amendment, modification,

suspension, or revocation of a permit under subsection (a) of this

section.

§ 41305. Applications for permits

(a) FORM, CONTENTS, NOTICE, RESPONSE, AND ACTIONS ON

APPLICATIONS.—(1) A person must apply in writing to the Secretary

of Transportation to be issued a permit under section 41302 of

this title. The Secretary shall prescribe regulations to require that

the application be—

(A) verified;
H. R. 1758—384

(B) in a certain form and contain certain information;

(C) served on interested persons; and

(D) accompanied by proof of service on those persons.

(2) When an application is filed, the Secretary shall post a

notice of the application in the office of the Secretary and give

notice of the application to other persons as required by regulations

of the Secretary. An interested person may file a response with

the Secretary opposing or supporting the issuance of the permit.

The Secretary shall act on an application as expeditiously as possible.

(b) TERMS.—The Secretary may impose terms for providing

foreign air transportation under the permit that the Secretary

finds may be required in the public interest.

§ 41306. Simplified procedure to apply for, amend, modify,

and suspend permits

(a) REGULATIONS.—The Secretary of Transportation shall prescribe regulations that simplify the procedure for— (1) acting on an application for a permit to provide foreign

air transportation under section 41302 of this title; and

(2) amending, modifying, or suspending any part of that permit under section 41304(a) or (b) of this title.

(b) NOTICE AND OPPORTUNITY TO RESPOND.—Regulations under

this section shall provide for notice and an opportunity for each

interested person to file appropriate written evidence and argument.

An oral evidentiary hearing is not required to be provided under

this section.

§ 41307. Presidential review of actions about foreign air

transportation

The Secretary of Transportation shall submit to the President

for review each decision of the Secretary to issue, deny, amend,

modify, suspend, revoke, or transfer a certificate issued under section 41102 of this title authorizing an air carrier, or a permit

issued under section 41302 of this title authorizing a foreign air

carrier, to provide foreign air transportation. The President may

disapprove the decision of the Secretary only if the reason for

disapproval is based on foreign relations or national defense considerations that are under the jurisdiction of the President. The President may not disapprove a decision of the Secretary if the reason

is economic or related to carrier selection. A decision of the Secretary—(1) is void if the President disapproves the decision and

publishes the reasons (to the extent allowed by national security) for disapproval not later than 60 days after it is submitted

to the President; or

(2)(A) takes effect as a decision of the Secretary if the

President does not disapprove the decision not later than 60

days after the decision is submitted to the President; and

(B) when effective, may be reviewed judicially under section

46110 of this title.

§ 41308. Exemption from the antitrust laws

(a) DEFINITION.—In this section, ‘‘antitrust laws’’ has the same

meaning given that term in the first section of the Clayton Act

(15 U.S.C. 12).
H. R. 1758—385

(b) EXEMPTION AUTHORIZED.—When the Secretary of Transportation decides it is required by the public interest, the Secretary,

as part of an order under section 41309 or 42111 of this title,

may exempt a person affected by the order from the antitrust

laws to the extent necessary to allow the person to proceed with

the transaction specifically approved by the order and with any

transaction necessarily contemplated by the order.

(c) EXEMPTION REQUIRED.—In an order under section 41309

of this title approving an agreement, request, modification, or cancellation, the Secretary, on the basis of the findings required under

section 41309(b)(1), shall exempt a person affected by the order

from the antitrust laws to the extent necessary to allow the person

to proceed with the transaction specifically approved by the order

and with any transaction necessarily contemplated by the order.

§ 41309. Cooperative agreements and requests

(a) FILING.—An air carrier or foreign air carrier may file with

the Secretary of Transportation a true copy of or, if oral, a true

and complete memorandum of, an agreement (except an agreement

related to interstate air transportation), or a request for authority

to discuss cooperative arrangements (except arrangements related

to interstate air transportation), and any modification or cancellation of an agreement, between the air carrier or foreign air carrier

and another air carrier, a foreign carrier, or another carrier.

(b) APPROVAL.—The Secretary of Transportation shall approve

an agreement, request, modification, or cancellation referred to

in subsection (a) of this section when the Secretary finds it is

not adverse to the public interest and is not in violation of this

part. However, the Secretary shall disapprove— (1) or, after periodic review, end approval of, an agreement,

request, modification, or cancellation, that substantially reduces

or eliminates competition unless the Secretary finds that— (A) the agreement, request, modification, or cancellation is necessary to meet a serious transportation need

or to achieve important public benefits (including international comity and foreign policy considerations); and (B) the transportation need cannot be met or those

benefits cannot be achieved by reasonably available alternatives that are materially less anticompetitive; or

(2) an agreement that— (A) is between an air carrier not directly operating

aircraft in foreign air transportation and a common carrier

subject to subtitle IV of this title; and (B) governs the compensation the common carrier may

receive for the transportation.

(c) NOTICE AND OPPORTUNITY TO RESPOND OR FOR HEARING.—

(1) When an agreement, request, modification, or cancellation is

filed, the Secretary of Transportation shall give the Attorney General and the Secretary of State written notice of, and an opportunity

to submit written comments about, the filing. On the initiative

of the Secretary of Transportation or on request of the Attorney

General or Secretary of State, the Secretary of Transportation may

conduct a hearing to decide whether an agreement, request, modification, or cancellation is consistent with this part whether or

not it was approved previously.

(2) In a proceeding before the Secretary of Transportation applying standards under subsection (b)(1) of this section, a party oppos-
H. R. 1758—386

ing an agreement, request, modification, or cancellation has the

burden of proving that it substantially reduces or eliminates competition and that less anticompetitive alternatives are available.

The party defending the agreement, request, modification, or cancellation has the burden of proving the transportation need or

public benefits.

(3) The Secretary of Transportation shall include the findings

required by subsection (b)(1) of this section in an order of the

Secretary approving or disapproving an agreement, request, modification, or cancellation.

§ 41310. Discriminatory practices

(a) PROHIBITION.—An air carrier or foreign air carrier may

not subject a person, place, port, or type of traffic in foreign air

transportation to unreasonable discrimination.

(b) REVIEW AND NEGOTIATION OF DISCRIMINATORY FOREIGN

CHARGES.—(1) The Secretary of Transportation shall survey charges

imposed on an air carrier by the government of a foreign country

or another foreign entity for the use of airport property or airway

property in foreign air transportation. If the Secretary of Transportation decides that a charge is discriminatory, the Secretary

promptly shall report the decision to the Secretary of State. The

Secretaries of State and Transportation promptly shall begin negotiations with the appropriate government to end the discrimination.

If the discrimination is not ended in a reasonable time through

negotiation, the Secretary of Transportation shall establish a compensating charge equal to the discriminatory charge. With the

approval of the Secretary of State, the Secretary of the Treasury

shall impose the compensating charge on a foreign air carrier of

that country as a condition to accepting the general declaration

of the aircraft of the foreign air carrier when it lands or takes

off.

(2) The Secretary of the Treasury shall maintain an account to credit money collected under paragraph (1) of this subsection.

An air carrier shall be paid from the account an amount certified

by the Secretary of Transportation to compensate the air carrier

for the discriminatory charge paid to the government. (c) ACTIONS AGAINST DISCRIMINATORY ACTIVITY.—(1) The Secretary of Transportation may take actions the Secretary considers

are in the public interest to eliminate an activity of a government

of a foreign country or another foreign entity, including a foreign

air carrier, when the Secretary, on the initiative of the Secretary

or on complaint, decides that the activity— (A) is an unjustifiable or unreasonable discriminatory,

predatory, or anticompetitive practice against an air carrier;

or

(B) imposes an unjustifiable or unreasonable restriction

on access of an air carrier to a foreign market.

(2) The Secretary of Transportation may deny, amend, modify,

suspend, revoke, or transfer under paragraph (1) of this subsection

a foreign air carrier permit or tariff under section 41302, 41303,

41304(a), 41504(c), 41507, or 41509 of this title.

(d) FILING OF, AND ACTING ON, COMPLAINTS.—(1) An air carrier

or a department, agency, or instrumentality of the United States

Government may file a complaint under subsection (c) of this section

with the Secretary of Transportation. The Secretary shall approve,

deny, or dismiss the complaint, set the complaint for a hearing
H. R. 1758—387

or investigation, or begin another proceeding proposing remedial

action not later than 60 days after receiving the complaint. The

Secretary may extend the period for acting for additional periods

totaling not more than 30 days if the Secretary decides that with

additional time it is likely that a complaint can be resolved satisfactorily through negotiations with the government of the foreign

country or foreign entity. The Secretary must act not later than

90 days after receiving the complaint. However, the Secretary may

extend this 90-day period for not more than an additional 90 days

if, on the last day of the initial 90-day period, the Secretary finds

that—

(A) negotiations with the government have progressed to a point that a satisfactory resolution of the complaint appears

imminent;

(B) an air carrier has not been subjected to economic injury by the government or entity as a result of filing the complaint;

and

(C) the public interest requires additional time before the

Secretary acts on the complaint.

(2) In carrying out paragraph (1) of this subsection and subsection (c) of this section, the Secretary of Transportation shall—

(A) solicit the views of the Secretaries of Commerce and

State and the United States Trade Representative;

(B) give an affected air carrier or foreign air carrier reasonable notice and an opportunity to submit written evidence

and arguments within the time limits of this subsection; and (C) submit to the President under section 41307 or 41509(f)

of this title actions proposed by the Secretary of Transportation.

(e) REVIEW.—(1) The Secretaries of State, the Treasury, and

Transportation and the heads of other departments, agencies, and

instrumentalities of the Government shall keep under review, to

the extent of each of their jurisdictions, each form of discrimination

or unfair competitive practice to which an air carrier is subject

when providing foreign air transportation. Each Secretary and head

shall—

(A) take appropriate action to eliminate any discrimination

or unfair competitive practice found to exist; and

(B) request Congress to enact legislation when the authority to eliminate the discrimination or unfair practice is inadequate.

(2) The Secretary of Transportation shall report to Congress

annually on each action taken under paragraph (1) of this subsection and on the continuing program to eliminate discrimination

and unfair competitive practices. The Secretaries of State and the

Treasury each shall give the Secretary of Transportation information necessary to prepare the report.

(f) REPORTS.—Not later than 30 days after acting on a complaint

under this section, the Secretary of Transportation shall report

to the Committee on Public Works and Transportation of the House

of Representatives and the Committee on Commerce, Science, and

Transportation of the Senate on action taken under this section

on the complaint.

CHAPTER 415—PRICING

Sec.

41501. Establishing reasonable prices, classifications, rules, practices, and divisions of joint prices for foreign air transportation.
H. R. 1758—388

41502. Establishing joint prices for through routes with other common carriers.

41503. Establishing joint prices for through routes provided by State authorized

carriers.

41504. Tariffs for foreign air transportation.

41505. Uniform methods for establishing joint prices, and divisions of joint prices,

applicable to commuter air carriers.

41506. Price division filing requirements for foreign air transportation.

41507. Authority of the Secretary of Transportation to change prices, classifications, rules, and practices for foreign air transportation.

41508. Authority of the Secretary of Transportation to adjust divisions of joint

prices 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 prices for foreign air transportation.

§ 41501. Establishing reasonable prices, classifications, rules,

practices, and divisions of joint prices for foreign

air transportation

Every air carrier and foreign air carrier shall establish, comply

with, and enforce—

(1) reasonable prices, classifications, rules, and practices

related to foreign air transportation; and

(2) for joint prices established for foreign air transportation,

reasonable divisions of those prices among the participating

air carriers or foreign air carriers without unreasonably

discriminating against any of those carriers.

§ 41502. Establishing joint prices for through routes with

other common carriers

(a) JOINT PRICES.—An air carrier may establish reasonable

joint prices and through service with another common carrier. However, an air carrier not directly operating aircraft in air transportation (except an air express company) may not establish under

this section a joint price for the transportation of property with

a common carrier subject to subtitle IV of this title. (b) PRICES, CLASSIFICATIONS, RULES, AND PRACTICES AND DIVI- SIONS OF JOINT PRICES.—For through service by an air carrier

and a common carrier subject to subtitle IV of this title, the participating carriers shall establish— (1) reasonable prices and reasonable classifications, rules,

and practices affecting those prices or the value of the transportation provided under those prices; and

(2) for joint prices established for the through service,

reasonable divisions of those joint prices among the participating carriers.

(c) STATEMENTS INCLUDED IN TARIFFS.—An air carrier and a

common carrier subject to subtitle IV of this title that are participating in through service and joint prices shall include in their tariffs,

filed with the Secretary of Transportation, a statement showing

the through service and joint prices.

§ 41503. Establishing joint prices for through routes provided by State authorized carriers

Subject to sections 41309 and 42111 of this title, a citizen

of the United States providing transportation under section 41101(b)

of this title may make an agreement with an air carrier or foreign

air carrier for joint prices for that transportation. The joint prices

agreed to must be the lowest of—

(1) the sum of the applicable prices for—
H. R. 1758—389

(A) the part of the transportation provided in the State

and approved by the appropriate State authority; and

(B) the part of the transportation provided by the

air carrier or foreign air carrier;

(2) a joint price established and filed under section 41504

of this title; or

(3) a joint price prescribed by the Secretary of Transportation under section 41507 of this title.

§ 41504. Tariffs for foreign air transportation

(a) FILING AND CONTENTS.—In the way prescribed by regulation

by the Secretary of Transportation, every air carrier and foreign

air carrier shall file with the Secretary, publish, and keep open

to public inspection, tariffs showing the prices for the foreign air

transportation provided between places served by the carrier and

provided between places served by the carrier and places served

by another air carrier or foreign air carrier with which through

service and joint prices have been established. A tariff—

(1) shall contain—

(A) to the extent the Secretary requires by regulation,

a description of the classifications, rules, and practices

related to the foreign air transportation;

(B) a statement of the prices in money of the United

States; and

(C) other information the Secretary requires by regulation; and

(2) may contain—

(A) a statement of the prices in money that is not

money of the United States; and

(B) information that is required under the laws of

a foreign country in or to which the air carrier or foreign

air carrier is authorized to operate.

(b) CHANGES.—(1) Except as provided in paragraph (2) of this

subsection, an air carrier or foreign air carrier may change a price

or a classification, rule, or practice affecting that price or the

value of the transportation provided under that price, specified

in a tariff of the carrier for foreign air transportation only after

30 days after the carrier has filed, published, and posted notice

of the proposed change in the same way as required for a tariff

under subsection (a) of this section. However, the Secretary may

prescribe an alternative notice requirement, of at least 25 days,

to allow an air carrier or foreign air carrier to match a proposed

change in a passenger fare or a charge of another air carrier

or foreign air carrier. A notice under this paragraph must state

plainly the change proposed and when the change will take effect.

(2) If the effect of a proposed change would be to begin a

passenger fare that is outside of, or not covered by, the range

of passenger fares specified under section 41509(e)(2) and (3) of

this title, the proposed change may be put into effect only on

the expiration of 60 days after the notice is filed under regulations

prescribed by the Secretary.

(c) REJECTION OF CHANGES.—The Secretary may reject a tariff

or tariff change that is not consistent with this section and regulations prescribed by the Secretary. A tariff or change that is rejected

is void.
H. R. 1758—390

§ 41505. Uniform methods for establishing joint prices, and

divisions of joint prices, applicable to commuter

air carriers

(a) DEFINITION.—In this section, ‘‘commuter air carrier’’ means

an air carrier providing transportation under section 40109(f) of

this title that provides at least 5 scheduled roundtrips a week

between the same 2 places.

(b) GENERAL.—Except as provided in subsection (c) of this section, when the Secretary of Transportation prescribes under section

41508 or 41509 of this title a uniform method generally applicable

to establishing joint prices and divisions of joint prices for and

between air carriers holding certificates issued under section 41102

of this title, the Secretary shall make that uniform method apply

to establishing joint prices and divisions of joint prices for and

between air carriers and commuter air carriers.

(c) NOTICE REQUIRED BEFORE MODIFYING, SUSPENDING, OR

ENDING TRANSPORTATION.—A commuter air carrier that has an

agreement with an air carrier to provide transportation for passengers and property that includes through service by the commuter

air carrier over the commuter air carrier’s routes and air transportation provided by the air carrier shall give the air carrier and

the Secretary at least 90 days’ notice before modifying, suspending,

or ending the transportation. If the commuter air carrier does

not give that notice, the uniform method of establishing joint prices

and divisions of joint prices referred to in subsection (b) of this

section does not apply to the commuter air carrier.

§ 41506. Price division filing requirements for foreign air

transportation

Every air carrier and foreign air carrier shall keep currently

on file with the Secretary of Transportation, if the Secretary

requires, the established divisions of all joint prices for foreign

air transportation in which the carrier participates.

§ 41507. Authority of the Secretary of Transportation to

change prices, classifications, rules, and practices for foreign air transportation

(a) GENERAL.—When the Secretary of Transportation decides

that a price charged or received by an air carrier or foreign air

carrier for foreign air transportation, or a classification, rule, or

practice affecting that price or the value of the transportation

provided under that price, is or will be unreasonably discriminatory,

the Secretary may—

(1) change the price, classification, rule, or practice as

necessary to correct the discrimination; and

(2) order the air carrier or foreign air carrier to stop charging or collecting the discriminatory price or carrying out the

discriminatory classification, rule, or practice.

(b) WHEN SECRETARY MAY ACT.—The Secretary may act under

this section on the Secretary’s own initiative or on a complaint

filed with the Secretary and only after notice and an opportunity

for a hearing.
H. R. 1758—391

§ 41508. Authority of the Secretary of Transportation to

adjust divisions of joint prices for foreign air

transportation

(a) GENERAL.—When the Secretary of Transportation decides

that a division between air carriers, foreign air carriers, or both,

of a joint price for foreign air transportation is or will be unreasonable or unreasonably discriminatory against any of those carriers,

the Secretary shall prescribe a reasonable division of the joint

price among those carriers. The Secretary may order the adjustment

in the division of the joint price to be made retroactively to the

date the complaint was filed, the date the order for an investigation

was made, or a later date the Secretary decides is reasonable.

(b) WHEN SECRETARY MAY ACT.—The Secretary may act under

this section on the Secretary’s own initiative or on a complaint

filed with the Secretary and only after notice and an opportunity

for a hearing.

§ 41509. Authority of the Secretary of Transportation to suspend, cancel, and reject tariffs for foreign air

transportation

(a) CANCELLATION AND REJECTION.—(1) On the initiative of

the Secretary of Transportation or on a complaint filed with the

Secretary, the Secretary may conduct a hearing to decide whether

a price for foreign air transportation contained in an existing or

newly filed tariff of an air carrier or foreign air carrier, a classification, rule, or practice affecting that price, or the value of the

transportation provided under that price, is lawful. The Secretary

may begin the hearing at once and without an answer or another

formal pleading by the air carrier or foreign air carrier, but only

after reasonable notice. If, after the hearing, the Secretary decides

that the price, classification, rule, or practice is or will be unreasonable or unreasonably discriminatory, the Secretary may cancel or

reject the tariff and prevent the use of the price, classification,

rule, or practice.

(2) With or without a hearing, the Secretary may cancel or

reject an existing or newly filed tariff of a foreign air carrier

and prevent the use of a price, classification, rule, or practice

when the Secretary decides that the cancellation or rejection is

in the public interest.

(3) In deciding whether to cancel or reject a tariff of an air

carrier or foreign air carrier under this subsection, the Secretary

shall consider—

(A) the effect of the price on the movement of traffic;

(B) the need in the public interest of adequate and efficient

transportation by air carriers and foreign air carriers at the

lowest cost consistent with providing the transportation;

(C) the standards prescribed under law related to the character and quality of transportation to be provided by air carriers

and foreign air carriers;

(D) the inherent advantages of transportation by aircraft;

(E) the need of the air carrier and foreign air carrier

for revenue sufficient to enable the air carrier and foreign

air carrier, under honest, economical, and efficient management, to provide adequate and efficient air carrier and foreign

air carrier transportation;
H. R. 1758—392

(F) whether the price will be predatory or tend to monopolize competition among air carriers and foreign air carriers

in foreign air transportation;

(G) reasonably estimated or foreseeable future costs and

revenues for the air carrier or foreign air carrier for a reasonably limited future period during which the price would be

in effect; and

(H) other factors.

(b) SUSPENSION.—(1)(A) Pending a decision under subsection

(a)(1) of this section, the Secretary may suspend a tariff and the

use of a price contained in the tariff or a classification, rule, or

practice affecting that price.

(B) The Secretary may suspend a tariff of a foreign air carrier

and the use of a price, classification, rule, or practice when the

suspension is in the public interest.

(2) A suspension becomes effective when the Secretary files

with the tariff and delivers to the air carrier or foreign air carrier

affected by the suspension a written statement of the reasons

for the suspension. To suspend a tariff, reasonable notice of the

suspension must be given to the affected carrier.

(3) The suspension of a newly filed tariff may be for periods

totaling not more than 365 days after the date the tariff otherwise

would go into effect. The suspension of an existing tariff may

be for periods totaling not more than 365 days after the effective

date of the suspension. The Secretary may rescind at any time

the suspension of a newly filed tariff and allow the price, classification, rule, or practice to go into effect.

(c) EFFECTIVE TARIFFS AND PRICES WHEN TARIFF IS SUSPENDED, CANCELED, OR REJECTED.—(1) If a tariff is suspended pending the outcome of a proceeding under subsection (a) of this section and

the Secretary does not take final action in the proceeding during

the suspension period, the tariff goes into effect at the end of

that period subject to cancellation when the proceeding is concluded. (2)(A) During the period of suspension, or after the cancellation or rejection, of a newly filed tariff (including a tariff that has

gone into effect provisionally), the affected air carrier or foreign

air carrier shall maintain in effect and use—

(i) the corresponding seasonal prices, or the classifications,

rules, and practices affecting those prices or the value of

transportation provided under those prices, that were in effect

for the carrier immediately before the new tariff was filed;

or

(ii) another price provided for under an applicable intergovernmental agreement or understanding.

(B) If the suspended, canceled, or rejected tariff is the first

tariff of the carrier for the covered transportation, the carrier,

for the purpose of operations during the period of suspension or

pending effectiveness of a new tariff, may file another tariff containing a price or another classification, rule, or practice affecting

the price, or the value of the transportation provided under the

price, that is in effect (and not subject to a suspension order)

for any air carrier providing the same transportation.

(3) If an existing tariff is suspended or canceled, the affected

air carrier or foreign air carrier, for the purpose of operations

during the period of suspension or pending effectiveness of a new

tariff, may file another tariff containing a price or another classification, rule, or practice affecting the price, or the value of the
H. R. 1758—393

transportation provided under the price, that is in effect (and not

subject to a suspension order) for any air carrier providing the

same transportation.

(d) RESPONSE TO REFUSAL OF FOREIGN COUNTRY TO ALLOW

AIR CARRIER TO CHARGE A PRICE.—When the Secretary finds that

the government or an aeronautical authority of a foreign country

has refused to allow an air carrier to charge a price contained

in a tariff filed and published under section 41504 of this title

for foreign air transportation to the foreign country—

(1) the Secretary, without a hearing—

(A) may suspend any existing tariff of a foreign air

carrier providing transportation between the United States

and the foreign country for periods totaling not more than

365 days after the date of the suspension; and

(B) may order the foreign air carrier to charge, during

the suspension periods, prices that are the same as those

contained in a tariff (designated by the Secretary) of an

air carrier filed and published under section 41504 of this

title for foreign air transportation to the foreign country;

and

(2) a foreign air carrier may continue to provide foreign

air transportation to the foreign country only if the government

or aeronautical authority of the foreign country allows an air

carrier to start or continue foreign air transportation to the

foreign country at the prices designated by the Secretary.

(e) STANDARD FOREIGN FARE LEVEL.—(1)(A) In this subsection,

‘‘standard foreign fare level’’ means—

(i) for a class of fares existing on October 1, 1979, the fare between 2 places (as adjusted under subparagraph (B)

of this paragraph) filed for and allowed by the Civil Aeronautics

Board to go into effect after September 30, 1979, and before

August 13, 1980 (with seasonal fares adjusted by the percentage

difference that prevailed between seasons in 1978), or the fare

established under section 1002(j)(8) of the Federal Aviation

Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by

section 24(a) of the International Air Transportation Competition Act of 1979 (Public Law 96–192, 94 Stat. 46); or

(ii) for a class of fares established after October 1, 1979,

the fare between 2 places in effect on the effective date of

the establishment of the new class.

(B) At least once every 60 days for fuel costs, and at least

once every 180 days for other costs, the Secretary shall adjust

the standard foreign fare level for the particular foreign air

transportation to which the standard foreign fare level applies

by increasing or decreasing that level by the percentage change

from the last previous period in the actual operating cost for each

available seat-mile. In adjusting a standard foreign fare level, the

Secretary may not make an adjustment to costs actually incurred.

In establishing a standard foreign fare level and making adjustments in the level under this paragraph, the Secretary may use

all relevant or appropriate information reasonably available to the

Secretary.

(2) The Secretary may not decide that a proposed fare for

foreign air transportation is unreasonable on the basis that the

fare is too low or too high if the proposed fare is neither more

than 5 percent higher nor 50 percent lower than the standard

foreign fare level for the same or essentially similar class of
H. R. 1758—394

transportation. The Secretary by regulation may increase the 50

percent specified in this paragraph.

(3) Paragraph (2) of this subsection does not apply to a proposed

fare that is not more than—

(A) 5 percent higher than the standard foreign fare level

when the Secretary decides that the proposed fare may be

unreasonably discriminatory or that suspension of the fare

is in the public interest because of an unreasonable regulatory

action by the government of a foreign country that is related

to a fare proposal of an air carrier; or

(B) 50 percent lower than the standard foreign fare level

when the Secretary decides that the proposed fare may be

predatory or discriminatory or that suspension of the fare is

required because of an unreasonable regulatory action by the

government of a foreign country that is related to a fare proposal of an air carrier.

(f) SUBMISSION OF ORDERS TO PRESIDENT.—The Secretary shall

submit to the President an order made under this section suspending, canceling, or rejecting a price for foreign air transportation,

and an order rescinding the effectiveness of such an order, before

publishing the order. Not later than 10 days after its submission,

the President may disapprove the order on finding disapproval

is necessary for United States foreign policy or national defense

reasons.

(g) COMPLIANCE AS CONDITION OF CERTIFICATE OR PERMIT.—

This section and compliance with an order of the Secretary under

this section are conditions to any certificate or permit held by

an air carrier or foreign air carrier. An air carrier or foreign air

carrier may provide foreign air transportation only as long as the

carrier maintains prices for that transportation that comply with

this section and orders of the Secretary under this section.

§ 41510. Required adherence to foreign air transportation

tariffs

(a) PROHIBITED ACTIONS BY AIR CARRIERS, FOREIGN AIR CARRIERS, AND TICKET AGENTS.—An air carrier, foreign air carrier,

or ticket agent may not—

(1) charge or receive compensation for foreign air transportation that is different from the price specified in the tariff

of the carrier that is in effect for that transportation;

(2) refund or remit any part of the price specified in the

tariff; or

(3) extend to any person a privilege or facility, related

to a matter required by the Secretary of Transportation to

be specified in a tariff for foreign air transportation, except

as specified in the tariff.

(b) PROHIBITED ACTIONS BY ANY PERSON.—A person may not

knowingly—

(1) pay compensation for foreign air transportation of property that is different from the price specified in the tariff

in effect for that transportation; or

(2) solicit, accept, or receive—

(A) a refund or remittance of any part of the price

specified in the tariff; or

(B) a privilege or facility, related to a matter required

by the Secretary to be specified in a tariff for foreign
H. R. 1758—395

air transportation of property, except as specified in the

tariff.

§ 41511. Special prices for foreign air transportation

(a) FREE AND REDUCED PRICING.—This chapter does not prohibit an air carrier or foreign air carrier, under terms the Secretary

of Transportation prescribes, from issuing or interchanging tickets

or passes for free or reduced-price foreign air transportation to

or for the following:

(1) a director, officer, or employee of the carrier (including

a retired director, officer, or employee who is receiving retirement benefits from an air carrier or foreign air carrier).

(2) a parent or the immediate family of such an officer

or employee or the immediate family of such a director.

(3) a widow, widower, or minor child of an employee of

the carrier who died as a direct result of a personal injury

sustained when performing a duty in the service of the carrier.

(4) a witness or attorney attending a legal investigation

in which the air carrier is interested.

(5) an individual injured in an aircraft accident and a

physician or nurse attending the individual.

(6) a parent or the immediate family of an individual

injured or killed in an aircraft accident when the transportation

is related to the accident.

(7) an individual or property to provide relief in a general

epidemic, pestilence, or other emergency.

(8) other individuals under other circumstances the Secretary prescribes by regulation.

(b) SPACE-AVAILABLE BASIS.—Under terms the Secretary prescribes, an air carrier or foreign air carrier may grant reducedprice foreign air transportation on a space-available basis to the

following:

(1) a minister of religion.

(2) an individual who is at least 60 years of age and

no longer gainfully employed.

(3) an individual who is at least 65 years of age.

(4) an individual who has severely impaired vision or hearing or another physical or mental handicap and an accompanying attendant needed by that individual.

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 prices, routes, and service.

SUBCHAPTER II—SMALL COMMUNITY AIR SERVICE

41731. Definitions.

41732. Basic essential air service.

41733. Level of basic essential air service.
H. R. 1758—396

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.

SUBCHAPTER I—REQUIREMENTS

§ 41701. Classification of air carriers

The Secretary of Transportation may establish—

(1) reasonable classifications for air carriers when required

because of the nature of the transportation provided by them;

and

(2) reasonable requirements for each class when the Secretary decides those requirements are necessary in the public

interest.

§ 41702. Interstate air transportation

An air carrier shall provide safe and adequate interstate air

transportation.

§ 41703. Navigation of foreign civil aircraft

(a) PERMITTED NAVIGATION.—A foreign aircraft, not part of

the armed forces of a foreign country, may be navigated in the

United States only—

(1) if the country of registry grants a similar privilege

to aircraft of the United States;

(2) by an airman holding a certificate or license issued

or made valid by the United States Government or the country

of registry;

(3) if the Secretary of Transportation authorizes the navigation; and

(4) if the navigation is consistent with terms the Secretary

may prescribe.

(b) REQUIREMENTS FOR AUTHORIZING NAVIGATION.—The Secretary may authorize navigation under this section only if the

Secretary decides the authorization is—

(1) in the public interest; and

(2) consistent with any agreement between the Government

and the government of a foreign country.

(c) PROVIDING AIR COMMERCE.—The Secretary may authorize

an aircraft permitted to navigate in the United States under this

section to provide air commerce in the United States. However,

the aircraft may take on for compensation, at a place in the United

States, passengers or cargo destined for another place in the United

States only if— (1) specifically authorized under section 40109(g) of this

title; or

(2) under regulations the Secretary prescribes authorizing

air carriers to provide otherwise authorized air transportation

with foreign registered aircraft under lease or charter to them

without crew.

(d) PERMIT REQUIREMENTS NOT AFFECTED.—This section does

not affect section 41301 or 41302 of this title. However, a foreign

air carrier holding a permit under section 41302 does not need
H. R. 1758—397

to obtain additional authorization under this section for an operation authorized by the permit.

§ 41704. Transporting property not to be transported in aircraft cabins

Under regulations or orders of the Secretary of Transportation,

an air carrier shall transport as baggage the property of a passenger

traveling in air transportation that may not be carried in an aircraft

cabin because of a law or regulation of the United States. The

carrier is liable to pay an amount not more than the amount

declared to the carrier by that passenger for actual loss of, or

damage to, the property caused by the carrier. The carrier may

impose reasonable charges and conditions for its liability.

§ 41705. Discrimination against handicapped individuals

In providing air transportation, an air carrier may not discriminate against an otherwise qualified individual on the following

grounds:

(1) the individual has a physical or mental impairment

that substantially limits one or more major life activities.

(2) the individual has a record of such an impairment.

(3) the individual is regarded as having such an impairment.

§ 41706. Prohibitions against smoking on scheduled flights

(a) GENERAL.—An individual may not smoke in the passenger

cabin or lavatory of an aircraft on a scheduled airline flight segment

in air transportation or intrastate air transportation that is—

(1) between places in a State of the United States, the

District of Columbia, Puerto Rico, or the Virgin Islands;

(2) between a place in any jurisdiction referred to in clause

(1) of this subsection (except Alaska and Hawaii) and a place

in any other of those jurisdictions; or

(3)(A) scheduled for not more than 6 hours’ duration; and

(B)(i) between a place referred to in clause (1) of this

subsection (except Alaska and Hawaii) and Alaska or Hawaii;

or

(ii) between Alaska and Hawaii.

(b) REGULATIONS.—The Secretary of Transportation shall prescribe regulations necessary to carry out this section.

§ 41707. Incorporating contract terms into written

instrument

To the extent the Secretary of Transportation prescribes by

regulation, an air carrier may incorporate by reference in a ticket

or written instrument any term of the contract for providing interstate air transportation.

§ 41708. Reports

(a) APPLICATION.—To the extent the Secretary of Transportation

finds necessary to carry out this subpart, this section and section

41709 of this title apply to a person controlling an air carrier

or affiliated (within the meaning of section 11343(c) of this title)

with a carrier.

(b) REQUIREMENTS.—The Secretary may require an air carrier

or foreign air carrier—
H. R. 1758—398

(1)(A) to file annual, monthly, periodical, and special

reports with the Secretary in the form and way prescribed

by the Secretary; and

(B) to file the reports under oath;

(2) to provide specific answers to questions on which the

Secretary considers information to be necessary; and

(3) to file with the Secretary a copy of each agreement,

arrangement, contract, or understanding between the carrier

and another carrier or person related to transportation affected

by this subpart.

§ 41709. Records of air carriers

(a) REQUIREMENTS.—The Secretary of Transportation shall prescribe the form of records to be kept by an air carrier, including

records on the movement of traffic, receipts and expenditures of

money, and the time period during which the records shall be

kept. A carrier may keep only records prescribed or approved by

the Secretary. However, a carrier may keep additional records if

the additional records do not impair the integrity of the records

prescribed or approved by the Secretary and are not an unreasonable financial burden on the carrier.

(b) INSPECTION.—(1) The Secretary at any time may—

(A) inspect the land, buildings, and equipment of an air

carrier or foreign air carrier when necessary to decide under

subchapter II of this chapter or section 41102, 41103, or 41302

of this title whether a carrier is fit, willing, and able; and

(B) inspect records kept or required to be kept by an

air carrier, foreign air carrier, or ticket agent.

(2) The Secretary may employ special agents or auditors to

carry out this subsection.

§ 41710. Time requirements

When a matter requiring action of the Secretary of Transpor- tation is submitted under section 40109(a) or (c)–(h), 41309, or

42111 of this title and an evidentiary hearing— (1) is ordered, the Secretary shall make a final decision

on the matter not later than the last day of the 12th month

that begins after the date the matter is submitted; or (2) is not ordered, the Secretary shall make a final decision

on the matter not later than the last day of the 6th month

that begins after the date the matter is submitted.

§ 41711. Air carrier management inquiry and cooperation

with other authorities

In carrying out this subpart, the Secretary of Transportation

may—

(1) inquire into the management of the business of an

air carrier and obtain from the air carrier, and a person controlling, controlled by, or under common control with the carrier,

information the Secretary decides reasonably is necessary to

carry out the inquiry;

(2) confer and hold a joint hearing with a State authority;

and

(3) exchange information related to aeronautics with a

government of a foreign country through appropriate departments, agencies, and instrumentalities of the United States

Government.
H. R. 1758—399

§ 41712. Unfair and deceptive practices and unfair methods

of competition

On the initiative of the Secretary of Transportation or the

complaint of an air carrier, foreign air carrier, or ticket agent,

and if the Secretary considers it is in the public interest, the

Secretary may investigate and decide whether an air carrier, foreign

air carrier, or ticket agent has been or is engaged in an unfair

or deceptive practice or an unfair method of competition in air

transportation or the sale of air transportation. If the Secretary,

after notice and an opportunity for a hearing, finds that an air

carrier, foreign air carrier, or ticket agent is engaged in an unfair

or deceptive practice or unfair method of competition, the Secretary

shall order the air carrier, foreign air carrier, or ticket agent to

stop the practice or method.

§ 41713. Preemption of authority over prices, routes, and

service

(a) DEFINITION.—In this section, ‘‘State’’ means a State, the

District of Columbia, and a territory or possession of the United

States.

(b) PREEMPTION.—(1) Except as provided in this subsection,

a State, political subdivision of a State, or political authority of

at least 2 States may not enact or enforce a law, regulation, or

other provision having the force and effect of law related to a

price, route, or service of an air carrier that may provide air

transportation under this subpart.

(2) Paragraph (1) of this subsection does not apply to air

transportation provided entirely in Alaska unless the transportation

is air transportation (except charter air transportation) provided

under a certificate issued under section 41102 of this title.

(3) This subsection does not limit a State, political subdivision

of a State, or political authority of at least 2 States that owns

or operates an airport served by an air carrier holding a certificate

issued by the Secretary of Transportation from carrying out its

proprietary powers and rights.

SUBCHAPTER II—SMALL COMMUNITY AIR SERVICE

§ 41731. Definitions

(a) GENERAL.—In this subchapter—

(1) ‘‘eligible place’’ means a place in the United States

that—

(A) was an eligible point under section 419 of the

Federal Aviation Act of 1958 before October 1, 1988;

(B) received scheduled air transportation at any time

after January 1, 1990; and

(C) is not listed in Department of Transportation

Orders 89–9–37 and 89–12–52 as a place ineligible for

compensation under this subchapter.

(2) ‘‘enhanced essential air service’’ means scheduled air

transportation to an eligible place of a higher level or quality

than basic essential air service described in section 41732 of

this title.

(3) ‘‘hub airport’’ means an airport that each year has

at least .25 percent of the total annual boardings in the United

States.
H. R. 1758—400

(4) ‘‘nonhub airport’’ means an airport that each year has

less than .05 percent of the total annual boardings in the

United States.

(5) ‘‘small hub airport’’ means an airport that each year

has at least .05 percent, but less than .25 percent, of the

total annual boardings in the United States.

(b) LIMITATION ON AUTHORITY TO DECIDE A PLACE NOT AN

ELIGIBLE PLACE.—The Secretary of Transportation may not decide

that a place described in subsection (a)(1) of this section is not

an eligible place on the basis of a passenger subsidy at that place

or on another basis that is not specifically stated in this subchapter.

§ 41732. Basic essential air service

(a) GENERAL.—Basic essential air service provided under section 41733 of this title is scheduled air transportation of passengers

and cargo—

(1) to a hub airport that has convenient connecting or

single-plane air service to a substantial number of destinations

beyond that airport; or

(2) to a small hub or nonhub airport, when in Alaska

or when the nearest hub airport is more than 400 miles from

an eligible place.

(b) MINIMUM REQUIREMENTS.—Basic essential air service shall

include at least the following:

(1)(A) for a place not in Alaska, 2 daily round trips 6

days a week, with not more than one intermediate stop on

each flight; or

(B) for a place in Alaska, a level of service at least equal

to that provided in 1976 or 2 round trips a week, whichever

is greater, except that the Secretary of Transportation and

the appropriate State authority of Alaska may agree to a different level of service after consulting with the affected community.(2) flights at reasonable times considering the needs of

passengers with connecting flights at the airport and at prices

that are not excessive compared to the generally prevailing

prices of other air carriers for like service between similar

places.

(3) for a place not in Alaska, service provided in an aircraft

with an effective capacity of at least 15 passengers if the

average daily boardings at the place in any calendar year

from 1976-1986 were more than 11 passengers unless— (A) that level-of-service requirement would require pay- ing compensation in a fiscal year under section 41733(d)

or 41734(d) or (e) of this title for the place when compensation otherwise would not have been paid for that place

in that year; or

(B) the affected community agrees with the Secretary

in writing to the use of smaller aircraft to provide service

to the place.

(4) service accommodating the estimated passenger and

property traffic at an average load factor, for each class of

traffic considering seasonal demands for the service, of not

more than—

(A) 50 percent; or

(B) 60 percent when service is provided by aircraft

with more than 14 passenger seats.
H. R. 1758—401

(5) service provided in aircraft with at least 2 engines

and using 2 pilots, unless scheduled air transportation has

not been provided to the place in aircraft with at least 2

engines and using 2 pilots for at least 60 consecutive operating

days at any time since October 31, 1978.

(6) service provided by pressurized aircraft when the service

is provided by aircraft that regularly fly above 8,000 feet in

altitude.

§ 41733. Level of basic essential air service

(a) DECISIONS MADE BEFORE OCTOBER 1, 1988.—For each

eligible place for which a decision was made before October 1,

1988, under section 419 of the Federal Aviation Act of 1958,

establishing the level of essential air transportation, the level of

basic essential air service for that place shall be the level established by the Secretary of Transportation for that place by not

later than December 29, 1988.

(b) DECISIONS NOT MADE BEFORE OCTOBER 1, 1988.—(1) The

Secretary shall decide on the level of basic essential air service

for each eligible place for which a decision was not made before

October 1, 1988, establishing the level of essential air transportation, when the Secretary receives notice that service to that

place will be provided by only one air carrier. The Secretary shall

make the decision by the last day of the 6-month period beginning

on the date the Secretary receives the notice. The Secretary may

impose notice requirements necessary to carry out this subsection.

Before making a decision, the Secretary shall consider the views

of any interested community and the appropriate State authority

of the State in which the community is located.

(2) Until the Secretary has made a decision on a level of

basic essential air service for an eligible place under this subsection,

the Secretary, on petition by an appropriate representative of the

place, shall prohibit an air carrier from ending, suspending, or

reducing air transportation to that place that appears to deprive

the place of basic essential air service.

(c) AVAILABILITY OF COMPENSATION.—(1) If the Secretary

decides that basic essential air service will not be provided to

an eligible place without compensation, the Secretary shall provide

notice that an air carrier may apply to provide basic essential

air service to the place for compensation under this section. In

selecting an applicant, the Secretary shall consider, among other

factors—

(A) the demonstrated reliability of the applicant in providing scheduled air service;

(B) the contractual and marketing arrangements the

applicant has made with a larger carrier to ensure service

beyond the hub airport;

(C) the interline arrangements that the applicant has made

with a larger carrier to allow passengers and cargo of the

applicant at the hub airport to be transported by the larger

carrier through one reservation, ticket, and baggage checkin;

(D) the preferences of the actual and potential users of

air transportation at the eligible place, giving substantial

weight to the views of the elected officials representing the

users; and
H. R. 1758—402

(E) for an eligible place in Alaska, the experience of the

applicant in providing, in Alaska, scheduled air service, or

significant patterns of non-scheduled air service under an

exemption granted under section 40109(a) and (c)–(h) of this

title.

(2) Under guidelines prescribed under section 41737(a) of this

title, the Secretary shall pay the rate of compensation for providing

basic essential air service under this section and section 41734

of this title.

(d) COMPENSATION PAYMENTS.—The Secretary shall pay compensation under this section at times and in the way the Secretary

decides is appropriate. The Secretary shall end payment of compensation to an air carrier for providing basic essential air service

to an eligible place when the Secretary decides the compensation

is no longer necessary to maintain basic essential air service to

the place.

(e) REVIEW.—The Secretary shall review periodically the level

of basic essential air service for each eligible place. Based on the

review and consultations with an interested community and the

appropriate State authority of the State in which the community

is located, the Secretary may make appropriate adjustments in

the level of service.

§ 41734. Ending, suspending, and reducing basic essential

air service

(a) NOTICE REQUIRED.—An air carrier may end, suspend, or

reduce air transportation to an eligible place below the level of

basic essential air service established for that place under section

41733 of this title only after giving the Secretary of Transportation,

the appropriate State authority, and the affected communities at

least 90 days’ notice before ending, suspending, or reducing that

transportation.

(b) CONTINUATION OF SERVICE FOR 30 DAYS AFTER NOTICE

PERIOD.—If at the end of the notice period under subsection (a)

of this section the Secretary has not found another air carrier

to provide basic essential air service to the eligible place, the

Secretary shall require the carrier providing notice to continue

to provide basic essential air service to the place for an additional

30-day period or until another carrier begins to provide basic essential air service to the place, whichever occurs first.

(c) CONTINUATION OF SERVICE FOR ADDITIONAL 30-DAY PERI- ODS.—If at the end of the 30-day period under subsection (b) of

this section the Secretary decides another air carrier will not provide

basic essential air service to the place on a continuing basis, the

Secretary shall require the carrier providing service to continue

to provide service for additional 30-day periods until another carrier

begins providing service on a continuing basis. At the end of each

30-day period, the Secretary shall decide if another carrier will

provide service on a continuing basis.

(d) CONTINUATION OF COMPENSATION AFTER NOTICE PERIOD.—

If an air carrier receiving compensation under section 41733 of

this title for providing basic essential air service to an eligible

place is required to continue to provide service to the place under

this section after the 90-day notice period under subsection (a)

of this section, the Secretary shall continue to pay that compensation after the last day of that period. The Secretary shall pay

the compensation until the Secretary finds another carrier to pro-
H. R. 1758—403

vide the service to the place or the 90th day after the end of

that notice period, whichever is earlier. If, after the 90th day

after the end of the 90-day notice period, the Secretary has not

found another carrier to provide the service, the carrier required

to continue to provide that service shall receive compensation sufficient—

(1) to pay for the fully allocated actual cost to the carrier

of performing the basic essential air service that was being

provided when the 90-day notice was given under subsection

(a) of this section plus a reasonable return on investment

that is at least 5 percent of operating costs; and

(2) to provide the carrier an additional return that recognizes the demonstrated additional lost profits from opportunities foregone and the likelihood that those lost profits increase

as the period during which the carrier is required to provide

the service continues.

(e) COMPENSATION TO AIR CARRIERS ORIGINALLY PROVIDING

SERVICE WITHOUT COMPENSATION.—If the Secretary requires an

air carrier providing basic essential air service to an eligible place

without compensation under section 41733 of this title to continue

providing that service after the 90-day notice period required by

subsection (a) of this section, the Secretary shall provide the carrier

with compensation after the end of the 90-day notice period that

is sufficient—

(1) to pay for the fully allocated actual cost to the carrier

of performing the basic essential air service that was being

provided when the 90-day notice was given under subsection

(a) of this section plus a reasonable return on investment

that is at least 5 percent of operating costs; and

(2) to provide the carrier an additional return that recognizes the demonstrated additional lost profits from opportunities foregone and the likelihood that those lost profits increase

as the period during which the carrier is required to provide

the service continues.

(f) FINDING REPLACEMENT CARRIERS.—When the Secretary

requires an air carrier to continue to provide basic essential air

service to an eligible place, the Secretary shall continue to make

every effort to find another carrier to provide at least that basic

essential air service to the place on a continuing basis.

(g) TRANSFER OF AUTHORITY.—If an air carrier, providing basic

essential air service under section 41733 of this title between an

eligible place and an airport at which the Administrator of the

Federal Aviation Administration limits the number of instrument

flight rule takeoffs and landings of aircraft, provides notice under

subsection (a) of this section of an intention to end, suspend, or

reduce that service and another carrier is found to provide the

service, the Secretary shall require the carrier providing notice

to transfer any operational authority the carrier has to land or

take off at that airport related to the service to the eligible place

to the carrier that will provide the service, if—

(1) the carrier that will provide the service needs the

authority; and

(2) the authority to be transferred is being used only to

provide air service to the eligible place.
H. R. 1758—404

§ 41735. Enhanced essential air service

(a) PROPOSALS.—(1) A State or local government may submit a proposal to the Secretary of Transportation for enhanced essential

air service to an eligible place for which basic essential air service

is being provided under section 41733 of this title. The proposal

shall—

(A) specify the level and type of enhanced essential air service the State or local government considers appropriate;

and

(B) include an agreement related to compensation required for the proposed service.

(2) The agreement submitted under paragraph (1)(B) of this subsection shall provide that— (A) the State or local government or a person pay 50 percent of the compensation required for the proposed service

and the United States Government pay the remaining 50 percent; or

(B)(i) the Government pay 100 percent of the compensation; and

(ii) if the proposed service is not successful for at least

a 2-year period under the criteria prescribed by the Secretary

under paragraph (3) of this subsection, the eligible place is

not eligible for air service or air transportation for which compensation is paid by the Secretary under this subchapter.

(3) The Secretary shall prescribe by regulation objective criteria for deciding whether enhanced essential air service to an eligible

place under this section is successful in terms of— (A) increasing passenger usage of the airport facilities at the place; and (B) reducing the amount of compensation provided by the Secretary under this subchapter for that service.

(b) DECISIONS.—Not later than 90 days after receiving a pro- posal under subsection (a) of this section, the Secretary shall— (1) approve the proposal if the Secretary decides the pro- posal is reasonable; or (2) if the Secretary decides the proposal is not reasonable, disapprove the proposal and notify the State or local government of the disapproval and the reasons for the disapproval.

(c) COMPENSATION PAYMENTS.—(1) The Secretary shall pay com- pensation under this section when and in the way the Secretary

decides is appropriate. Compensation for enhanced essential air

service under this section may be paid only for the costs incurred

in providing air service to an eligible place that are in addition

to the costs incurred in providing basic essential air service to

the place under section 41733 of this title. The Secretary shall

continue to pay compensation under this section only as long as—

(A) the air carrier maintains the level of enhanced essential

air service;

(B) the State or local government or person agreeing to

pay compensation under this section continues to pay the compensation; and

(C) the Secretary decides the compensation is necessary

to maintain the service to the place.

(2) The Secretary may require the State or local government

or person agreeing to pay compensation under this section to make

advance payments or provide other security to ensure that timely

payments are made.
H. R. 1758—405

(d) REVIEW.—(1) The Secretary shall review periodically the

enhanced essential air service provided to each eligible place under

this section.

(2) For service for which the Government pays 50 percent

of the compensation, based on the review and consultation with

the affected community and the State or local government or person

paying the remaining 50 percent of the compensation, the Secretary

shall make appropriate adjustments in the type and level of service

to the place.

(3) For service for which the Government pays 100 percent

of the compensation, based on the review and consultation with

the State or local government submitting the proposal, the Secretary

shall decide whether the service has succeeded for at least a 2-

year period under the criteria prescribed under subsection (a)(3)

of this section. If unsuccessful, the place is not eligible for air

service or air transportation for which compensation is paid by

the Secretary under this subchapter.

(e) ENDING, SUSPENDING, AND REDUCING AIR TRANSPORTATION.—An air carrier may end, suspend, or reduce air transportation to an eligible place below the level of enhanced essential

air service established for that place by the Secretary under this

section only after giving the Secretary, the affected community,

and the State or local government or person paying compensation

for that service at least 30 days’ notice before ending, suspending,

or reducing the service. This subsection does not relieve the carrier

of an obligation under section 41734 of this title.

§ 41736. Air transportation to noneligible places

(a) PROPOSALS AND DECISIONS.—(1) A State or local government

may propose to the Secretary of Transportation that the Secretary

provide compensation to an air carrier to provide air transportation

to a place that is not an eligible place under this subchapter.

Not later than 90 days after receiving a proposal under this section,

the Secretary shall—

(A) decide whether to designate the place as eligible to

receive compensation under this section; and

(B)(i) approve the proposal if the State or local government

or a person is willing and able to pay 50 percent of the compensation for providing the transportation, and notify the State

or local government of the approval; or

(ii) disapprove the proposal if the Secretary decides the

proposal is not reasonable under paragraph (2) of this subsection, and notify the State or local government of the disapproval and the reasons for the disapproval.

(2) In deciding whether a proposal is reasonable, the Secretary

shall consider, among other factors—

(A) the traffic-generating potential of the place;

(B) the cost to the United States Government of providing

the proposed transportation; and

(C) the distance of the place from the closest hub airport.

(b) APPROVAL FOR CERTAIN AIR TRANSPORTATION.—Notwithstanding subsection (a)(1)(B) of this section, the Secretary shall

approve a proposal under this section to compensate an air carrier

for providing air transportation to a place in the 48 contiguous

States or the District of Columbia and designate the place as

eligible for compensation under this section if—
H. R. 1758—406

(1) at any time before October 23, 1978, the place was

served by a carrier holding a certificate under section 401

of the Federal Aviation Act of 1958;

(2) the place is more than 50 miles from the nearest small

hub airport or an eligible place;

(3) the place is more than 150 miles from the nearest

hub airport; and

(4) the State or local government submitting the proposal

or a person is willing and able to pay 25 percent of the cost

of providing the compensated transportation.

(c) LEVEL OF AIR TRANSPORTATION.—(1) If the Secretary designates a place under subsection (a)(1) of this section as eligible

for compensation under this section, the Secretary shall decide,

not later than 6 months after the date of the designation, on

the level of air transportation to be provided under this section.

Before making a decision, the Secretary shall consider the views

of any interested community, the appropriate State authority of

the State in which the place is located, and the State or local

government or person agreeing to pay compensation for the

transportation under subsection (b)(4) of this section.

(2) After making the decision under paragraph (1) of this subsection, the Secretary shall provide notice that any air carrier

that is willing to provide the level of air transportation established

under paragraph (1) for a place may submit an application to

provide the transportation. In selecting an applicant, the Secretary

shall consider, among other factors—

(A) the factors listed in section 41733(c)(1) of this title;

and

(B) the views of the State or local government or person

agreeing to pay compensation for the transportation.

(d) COMPENSATION PAYMENTS.—(1) The Secretary shall pay

compensation under this section when and in the way the Secretary

decides is appropriate. The Secretary shall continue to pay compensation under this section only as long as— (A) the air carrier maintains the level of air transportation

established by the Secretary under subsection (c)(1) of this

section;

(B) the State or local government or person agreeing to

pay compensation for transportation under this section continues to pay that compensation; and (C) the Secretary decides the compensation is necessary

to maintain the transportation to the place.

(2) The Secretary may require the State or local government

or person agreeing to pay compensation under this section to make

advance payments or provide other security to ensure that timely

payments are made.

(e) REVIEW.—The Secretary shall review periodically the level

of air transportation provided under this section. Based on the

review and consultation with any interested community, the appropriate State authority of the State in which the community is

located, and the State or local government or person paying compensation under this section, the Secretary may make appropriate

adjustments in the level of transportation.

(f) WITHDRAWAL OF ELIGIBILITY DESIGNATIONS.—After providing notice and an opportunity for interested persons to comment,

the Secretary may withdraw the designation of a place under subsection (a)(1) of this section as eligible to receive compensation
H. R. 1758—407

under this section if the place has received air transportation under

this section for at least 2 years and the Secretary decides the

withdrawal would be in the public interest. The Secretary by regulation shall prescribe standards for deciding whether the withdrawal

of a designation under this subsection is in the public interest.

The standards shall include the factors listed in subsection (a)(2)

of this section.

(g) ENDING, SUSPENDING, AND REDUCING AIR TRANSPORTATION.—An air carrier providing air transportation for compensation under this section may end, suspend, or reduce that transportation below the level of transportation established by the Secretary

under this section only after giving the Secretary, the affected

community, and the State or local government or person paying

compensation under this section at least 30 days’ notice before

ending, suspending, or reducing the transportation.

§ 41737. Compensation guidelines, limitations, and claims

(a) COMPENSATION GUIDELINES.—(1) The Secretary of Transportation shall prescribe guidelines governing the rate of compensation

payable under this subchapter. The guidelines shall be used to

determine the reasonable amount of compensation required to

ensure the continuation of air service or air transportation under

this subchapter. The guidelines shall—

(A) provide for a reduction in compensation when an air

carrier does not provide service or transportation agreed to

be provided;

(B) consider amounts needed by an air carrier to promote

public use of the service or transportation for which compensation is being paid; and

(C) include expense elements based on representative costs

of air carriers providing scheduled air transportation of passengers, property, and mail on aircraft of the type the Secretary

decides is appropriate for providing the service or transportation for which compensation is being provided.

(2) Promotional amounts described in paragraph (1)(B) of this

subsection shall be a special, segregated element of the compensation provided to a carrier under this subchapter.

(b) REQUIRED FINDING.—The Secretary may pay compensation

to an air carrier for providing air service or air transportation

under this subchapter only if the Secretary finds the carrier is

able to provide the service or transportation in a reliable way.

(c) CLAIMS.—Not later than 15 days after receiving a written

claim from an air carrier for compensation under this subchapter,

the Secretary shall—

(1) pay or deny the United States Government’s share

of a claim; and

(2) if denying the claim, notify the carrier of the denial

and the reasons for the denial.

(d) AUTHORITY TO MAKE AGREEMENTS AND INCUR OBLIGATIONS.—(1) The Secretary may make agreements and incur obligations from the Airport and Airway Trust Fund established under

section 9502 of the Internal Revenue Code of 1986 (26 U.S.C.

9502) to pay compensation under this subchapter. An agreement

by the Secretary under this subsection is a contractual obligation

of the Government to pay the Government’s share of the compensation.
H. R. 1758—408

(2) Not more than $38,600,000 is available to the Secretary

out of the Fund for each of the fiscal years ending September

30, 1993–1998, to incur obligations under this section. Amounts

made available under this section remain available until expended.

§ 41738. Fitness of air carriers

Notwithstanding section 40109(a) and (c)–(h) of this title, an

air carrier may provide air service to an eligible place or air

transportation to a place designated under section 41736 of this

title only when the Secretary of Transportation decides that—

(1) the carrier is fit, willing, and able to perform the service

or transportation; and

(2) aircraft used to provide the service or transportation,

and operations related to the service or transportation, conform

to the safety standards prescribed by the Administrator of

the Federal Aviation Administration.

§ 41739. Air carrier obligations

If at least 2 air carriers make an agreement to operate under

or use a single carrier designator code to provide air transportation,

the carrier whose code is being used shares responsibility with

the other carriers for the quality of transportation provided the

public under the code by the other carriers.

§ 41740. Joint proposals

The Secretary of Transportation shall encourage the submission

of joint proposals by 2 or more air carriers for providing air service

or air transportation under this subchapter through arrangements

that maximize the service or transportation to and from major

destinations beyond the hub.

§ 41741. Insurance

The Secretary of Transportation may pay an air carrier compensation under this subchapter only when the carrier files with

the Secretary an insurance policy or self-insurance plan approved

by the Secretary. The policy or plan must be sufficient to pay

for bodily injury to, or death of, an individual, or for loss of or

damage to property of others, resulting from the operation of aircraft, but not more than the amount of the policy or plan limits.

§ 41742. Ending effective date

This subchapter is not effective after September 30, 1998.

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. Prices for foreign transportation of mail.

41908. Prices for transporting mail of foreign countries.

41909. Duty to oppose unreasonable prices under the Universal Postal Union Convention.

41910. Weighing mail.

41911. Evidence of providing mail service.

41912. Effect on foreign postal arrangements.
H. R. 1758—409

§ 41901. General authority

(a) TITLE 39.—The United States Postal Service may provide

for the transportation of mail by aircraft in interstate air transportation under section 5402(d) and (f) of title 39.

(b) AUTHORITY TO PRESCRIBE PRICES.—Except as provided in

section 5402 of title 39, on the initiative of the Secretary of

Transportation or on petition by the Postal Service or an air carrier,

the Secretary shall prescribe and publish—

(1) after notice and an opportunity for a hearing on the

record, reasonable prices to be paid by the Postal Service for

the transportation of mail by aircraft in foreign air transportation or between places in Alaska, the facilities used in and

useful for the transportation of mail, and the services related

to the transportation of mail for each carrier holding a certificate that authorizes that transportation;

(2) the methods used, whether by aircraft-mile, poundmile, weight, space, or a combination of those or other methods,

to determine the prices for each air carrier or class of air

carriers; and

(3) the effective date of the prices.

(c) OTHER TRANSPORTATION.—In prescribing prices under subsection (b) of this section, the Secretary may include transportation

other than by aircraft that is incidental to transportation of mail

by aircraft or necessary because of emergency conditions related

to aircraft operations.

(d) AUTHORITY TO PRESCRIBE DIFFERENT PRICES.—Considering

conditions peculiar to transportation by aircraft and to particular

air carriers or classes of air carriers, the Secretary may prescribe

different prices under this section for different air carriers or classes

of air carriers and for different classes of service. In prescribing

a price for a carrier under this section, the Secretary shall consider,

among other factors, the following:

(1) the condition that the carrier may hold and operate

under a certificate authorizing the transportation of mail only

by providing necessary and adequate facilities and service for

the transportation of mail.

(2) standards related to the character and quality of service

to be provided that are prescribed by or under law.

(e) STATEMENTS ON PRICES.—A petition for prescribing a reasonable price under this section must include a statement of the

price the petitioner believes is reasonable.

(f) STATEMENTS ON REQUIRED SERVICES.—The Postal Service

shall introduce as part of the record in every proceeding under

this section a comprehensive statement of the services to be required

of the air carrier and other information the Postal Service has

that the Secretary considers material to the proceeding.

(g) EXPIRATION DATE.—The authority of the Secretary under

this part and section 5402 of title 39 providing for the transportation

of mail by aircraft between places in Alaska expires on the date

specified in section 5402(f) of title 39.

§ 41902. Schedules for certain transportation of mail

(a) REQUIREMENT.—Except as provided in section 41906 of this

title and section 5402 of title 39, an air carrier may transport

mail by aircraft in foreign air transportation or between places

in Alaska only under a schedule designated or required to be
H. R. 1758—410

established under subsection (c) of this section for the transportation

of mail.

(b) STATEMENTS ON PLACES AND SCHEDULES.—Every air carrier

shall file with the Secretary of Transportation and the United

States Postal Service a statement showing—

(1) the places between which the carrier is authorized

to provide foreign air transportation;

(2) the places between which the carrier is authorized

to transport mail in Alaska;

(3) every schedule of aircraft regularly operated by the

carrier between places described in clauses (1) and (2) of this

subsection and every change in each schedule; and

(4) for each schedule, the places served by the carrier

and the time of arrival at, and departure from, each place.

(c) DESIGNATING AND ADDITIONAL SCHEDULES.—The Postal

Service may—

(1) designate any schedule of an air carrier filed under

subsection (b)(3) of this section for the transportation of mail

between the places between which the carrier is authorized

by its certificate to transport mail; and

(2) require the carrier to establish additional schedules

for the transportation of mail between those places.

(d) CHANGING SCHEDULES.—A schedule designated or required

to be established for the transportation of mail under subsection

(c) of this section may be changed only after 10 days’ notice of

the change is filed as provided in subsection (b)(3) of this section.

The Postal Service may disapprove a proposed change in a schedule

or amend or modify the schedule or proposed change. (e) ORDERS.—An order of the Postal Service under this section

may become effective only after 10 days after the order is issued.

A person adversely affected by the order may appeal the order

to the Secretary before the end of the 10-day period under regulations the Secretary prescribes. If the public convenience and necessity require, the Secretary may amend, modify, suspend, or cancel

the order. Pending a decision about the order, the Secretary may

postpone the effective date of the order.

(f) PROCEEDINGS PREFERENCES.—The Secretary shall give preference to a proceeding under this section over all other proceedings

before the Secretary under this subpart.

§ 41903. Duty to provide certain transportation of mail

(a) AIR CARRIERS.—Subject to subsection (b) of this section,

an air carrier authorized by its certificate to transport mail by

aircraft in foreign air transportation or between places in Alaska

shall—

(1) provide facilities and services necessary and adequate

to provide that transportation; and

(2) transport mail between the places authorized in the

certificate for transportation of mail when required, and under

regulations prescribed, by the United States Postal Service.

(b) MAXIMUM MAIL LOAD.—The Secretary of Transportation

may prescribe the maximum mail load for a schedule or for an

aircraft or type of aircraft for the transportation of mail by aircraft

in foreign air transportation or between places in Alaska. If the

Postal Service tenders to an air carrier mail exceeding the maximum

load for transportation by the carrier under a schedule designated

or required to be established for the transportation of mail under
H. R. 1758—411

section 41902(c) of this title, the carrier, as nearly in accordance

with the schedule as the Secretary decides is possible, shall—

(1) provide facilities sufficient to transport the mail to

the extent the Secretary decides the carrier reasonably is able

to do so; and

(2) transport that mail.

§ 41904. Noncitizens transporting mail to or in foreign countries

When the United States Postal Service decides that it may

be necessary to have a person not a citizen of the United States

transport mail by aircraft to or in a foreign country, the Postal

Service may make an arrangement with the person, without

advertising, to provide the transportation.

§ 41905. Regulating air carrier transportation of foreign mail

An air carrier holding a certificate that authorizes foreign air

transportation and transporting mail of a foreign country shall

transport that mail under the control of, and subject to regulation

by, the United States Government.

§ 41906. Emergency mail transportation

(a) CONTRACT AUTHORITY.—In an emergency caused by a flood,

fire, or other disaster, the United States Postal Service may make

a contract without advertising to transport mail by aircraft to

or from a locality affected by the emergency when the available

facilities of persons authorized to transport mail to or from the

locality are inadequate to meet the requirements of the Postal

Service during the emergency. The contract may be only for periods

necessary to maintain mail service because of the inadequacy of

the facilities. Payment for transportation provided under the contract shall be made at prices provided in the contract.

(b) TRANSPORTATION NOT AIR TRANSPORTATION.—Transportation provided under a contract made under subsection (a) of

this section is not air transportation within the meaning of this

part.

§ 41907. Prices for foreign transportation of mail

(a) LIMITATIONS.—When air transportation is provided between

the United States and a foreign country both by aircraft owned

or operated by an air carrier holding a certificate under chapter

411 of this title and by aircraft owned or operated by a foreign

air carrier, the United States Postal Service may not pay to or

for the account of the foreign air carrier a price for transporting

mail by aircraft between the United States and the foreign country

that the Postal Service believes will result (over a reasonable period

determined by the Postal Service considering exchange fluctuations

and other factors) in the foreign air carrier receiving a price for

transporting the mail that is higher than the price—

(1) the government of a foreign country or foreign postal

administration pays to air carriers for transporting mail of

the foreign country by aircraft between the foreign country

and the United States; or

(2) determined by the Postal Service to be comparable

to the price the government of a foreign country or foreign

postal administration pays to air carriers for transporting mail

of the foreign country by aircraft between the foreign country
H. R. 1758—412

and an intermediate country on the route of the air carrier

between the foreign country and the United States.

(b) CHANGES.—The Secretary of Transportation shall act expeditiously on proposed changes in prices for transporting mail by

aircraft in foreign air transportation. When prescribing those prices,

the Secretary shall consider—

(1) the prices paid for transportation of mail under the

Universal Postal Union Convention as ratified by the United

States Government;

(2) the price-making elements used by the Universal Postal

Union in prescribing its airmail prices; and

(3) the competitive disadvantage to United States flag air

carriers resulting from foreign air carriers receiving Universal

Postal Union prices for transporting United States mail and

national origin mail of their own countries.

§ 41908. Prices for transporting mail of foreign countries

(a) PRICE DETERMINATIONS.—The United States Postal Service

shall determine the prices that an air carrier holding a certificate

that authorizes foreign air transportation must charge a government of a foreign country or foreign postal administration for

transporting mail of the foreign country. The Postal Service shall

put those prices into effect under the postal convention regulating

postal relations between the United States and the foreign country

or as provided under this section.

(b) CHANGES.—The Postal Service may authorize an air carrier

holding a certificate that authorizes foreign air transportation,

under limitations the Postal Service prescribes, to change the prices

the carrier charges a government of a foreign country or foreign

postal administration for transporting mail of the foreign country

in the foreign country or between the foreign country and another

foreign country. (c) COLLECTING COMPENSATION.—(1) When an air carrier holding a certificate that authorizes foreign air transportation transports

mail of a foreign country— (A) under an arrangement with a government of a foreign

country or foreign postal administration made or approved

under this section, the carrier must collect its compensation

for the transportation from the foreign country under the

arrangement; and (B) without having an arrangement with a government

of a foreign country or foreign postal administration consistent

with this section, the compensation collected by the United

States Government for the transportation shall be for the

account of the air carrier.

(2) An air carrier holding a certificate that authorizes foreign

air transportation is not entitled to receive compensation from

both a government of a foreign country or foreign postal administration and the United States Government for transporting the same

mail of the foreign country.

§ 41909. Duty to oppose unreasonable prices under the

Universal Postal Union Convention

The Secretary of State and the United States Postal Service

shall—

(1) take appropriate action to ensure that the prices paid

for transporting mail under the Universal Postal Union Conven-
H. R. 1758—413

tion are not higher than reasonable prices for transporting

mail; and

(2) oppose any existing or proposed Universal Postal Union price that is higher than a reasonable price for transporting

mail.

§ 41910. Weighing mail

The United States Postal Service may weigh mail transported

by aircraft and make statistical and administrative computations

necessary in the interest of mail service. When the Secretary of

Transportation decides that additional or more frequent weighings

of mail are advisable or necessary to carry out this part, the

Postal Service shall provide the weighings, but it is not required

to provide them for continuous periods of more than 30 days.

§ 41911. Evidence of providing mail service

When and in the form required by the United States Postal

Service, an air carrier transporting or handling—

(1) United States mail shall submit evidence, signed by

an authorized official, that the transportation or handling has

been provided; and

(2) mail of a foreign country shall submit evidence, signed

by an authorized official, of the amount of mail transported

or handled and the compensation payable and received for

that transportation or handling.

§ 41912. Effect on foreign postal arrangements

This part does not—

(1) affect an arrangement made by the United States

Government with the postal administration of a foreign country

related to the transportation of mail by aircraft; or

(2) impair the authority of the United States Postal Service

to make such an arrangement.

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.

SUBCHAPTER I—EMPLOYEE PROTECTION PROGRAM

§ 42101. Definitions

(a) GENERAL.—In this subchapter—

(1) ‘‘eligible protected employee’’ means a protected

employee who is deprived of employment, or who is adversely

affected related to compensation, because of a qualifying dislocation.

(2) ‘‘major contraction’’ means a reduction (except as provided in subsection (b) of this section) of at least 7.5 percent
H. R. 1758—414

in the number of full-time employees of an air carrier within

a 12-month period, except for employees deprived of employment because of a strike or whose employment is ended for

cause.

(3) ‘‘protected employee’’ means an individual who on October 24, 1978, had been employed for at least 4 years by an

air carrier that held a certificate under section 401 of the

Federal Aviation Act of 1958, but does not include a director

or officer of a corporation.

(4) ‘‘qualifying dislocation’’ means a bankruptcy or major

contraction of an air carrier holding a certificate under section

41102 of this title when the Secretary of Transportation finds

the bankruptcy or contraction occurred after December 31,

1978, and before January 1, 1989, the major cause of which

was the change in regulatory structure provided by the Airline

Deregulation Act of 1978.

(b) MAJOR CONTRACTION.—The Secretary may find a reduction

of less than 7.5 percent of the number of full-time employees is

part of a major contraction if the Secretary decides another reduction is likely to occur within the 12-month period in which the

first reduction occurs that, when included with the first reduction,

will result in a total reduction of more than 7.5 percent.

§ 42102. Payments to eligible protected employees

(a) AUTHORITY TO PAY AND APPLICATIONS FOR PAYMENTS.—

Subject to amounts provided in an appropriation law, the Secretary

of Labor shall make monthly assistance payments, moving expense

payments, and reimbursement payments as provided under this

section to an eligible protected employee whose employment is

not ended for cause. The employee must apply to receive the payments and cooperate with the Secretary in finding other employment.

(b) NUMBER AND AMOUNT OF PAYMENTS.—(1) Subject to

amounts provided in an appropriation law, an eligible protected

employee shall receive 72 monthly assistance payments. However,

an eligible protected employee deprived of employment may not

receive a payment after obtaining other employment. For each

class or craft of protected employees, the Secretary of Labor, after

consulting with the Secretary of Transportation, shall prescribe

by regulation guidelines for computing the amount of each monthly

assistance payment to be made to a member of the class or craft

and what percentage of salary that payment represents. (2) The amount of a monthly payment payable under paragraph (1) of this subsection to an eligible protected employee shall be

reduced—

(A) by unemployment compensation the employee receives;

or

(B) if the employee does not accept reasonably comparable

employment, to an amount the employee would be entitled

to receive if the employee had accepted the employment.

(3) If accepting comparable employment to avoid a reduction

in the monthly assistance payment under paragraph (2) of this

subsection would force an eligible protected employee to relocate,

the employee may decide not to relocate. Instead of the payments

provided under this section, the employee may receive the lesser

of 3 payments or the maximum number of payments that remain

to be paid under paragraph (1) of this subsection.
H. R. 1758—415

(c) MOVING EXPENSES AND REIMBURSEMENTS.—(1) Subject to

amounts provided in an appropriation law, an eligible protected

employee who relocates shall receive—

(A) reasonable moving expense payments to move the

employee and the employee’s immediate family; and

(B) reimbursement payments for a loss incurred in selling

the employee’s principal place of residence for less than fair

market value or in cancelling a lease on, or contract to buy,

the residence.

(2) The Secretary of Labor shall decide on the amount of the

moving expenses and the fair market value of the residence.

§ 42103. Duty to hire protected employees

(a) REHIRING PROTECTED EMPLOYEES.—A protected employee

of an air carrier regulated by the Secretary of Transportation who

was furloughed or whose employment was ended by the carrier

(except for cause) before October 23, 1988, is entitled to be the

first employed in the occupational specialty of the employee, regardless of the employee’s age, by any other air carrier holding a

certificate under section 41102 of this title before October 24, 1978.

However, the air carrier may recall its furloughed employees before

hiring a protected employee of another air carrier regulated by

the Secretary who was furloughed or whose employment was ended

by the other carrier (except for cause) before October 23, 1988.

An employee hired by an air carrier under this section retains

seniority and recall rights with the air carrier that furloughed

or ended the employment of the employee.

(b) DUTIES OF SECRETARY OF LABOR.—The Secretary of Labor—

(1) shall establish and publish periodically a list of jobs

available with an air carrier holding a certificate under section

41102 of this title that includes necessary information and

detail;

(2) shall assist eligible protected employees to find other

employment;

(3) shall encourage negotiations between air carriers and

representatives of employees on rehiring practices and seniority; and

(4) may require an air carrier to file with the Secretary

information necessary to carry out this section.

§ 42104. Congressional review of regulations

(a) DEFINITION.—In this section, ‘‘legislative day’’ means a calendar day on which both Houses of Congress are in session.

(b) SUBMISSION TO CONGRESS.—The Secretary of Labor may

not prescribe a regulation under this subchapter until 30 legislative

days after the regulation is submitted to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation of the House of Representatives.

(c) EFFECTIVENESS OF REGULATIONS.—A proposed regulation

under this subchapter shall be submitted to Congress and becomes

effective only if, during the period of 60 legislative days after

the regulation is submitted to Congress, either House does not

pass a resolution disapproving the regulation. However, if Congress

adopts a resolution approving the regulation during the 60-day

period, the regulation is effective on that date.
H. R. 1758—416

§ 42105. Airline Employees Protective Account

The Department of Labor has an Airline Employees Protective Account consisting of amounts appropriated to it. An amount necessary to carry out this subchapter, including administrative

expenses, may be appropriated to the Account annually.

§ 42106. Ending effective date

This subchapter is not effective after the last day the Secretary of Labor must make a payment under this subchapter.

SUBCHAPTER II—MUTUAL AID AGREEMENTS AND LABOR

REQUIREMENTS OF AIR CARRIERS

§ 42111. Mutual aid agreements

An air carrier that will receive payments from another air carrier under an agreement between the air carriers for the time

the one air carrier is not providing foreign air transportation, or

is providing reduced levels of foreign air transportation, because

of a labor strike must file a true copy of the agreement with

the Secretary of Transportation and have it approved by the Secretary under section 41309 of this title. Notwithstanding section

41309, the Secretary shall approve the agreement only if it provides

that—

(1) the air carrier will receive payments of not more than 60 percent of direct operating expenses, including interest

expenses, but not depreciation or amortization expenses; (2) benefits may be paid for not more than 8 weeks, and may not be for losses incurred during the first 30 days of

a strike; and

(3) on request of the striking employees, the dispute will be submitted to binding arbitration under the Railway Labor

Act (45 U.S.C. 151 et seq.).

§ 42112. Labor requirements of air carriers

(a) DEFINITIONS.—In this section—

(1) ‘‘copilot’’ means an employee whose duties include assisting or relieving the pilot in manipulating an aircraft

and who is qualified to serve as, and has in effect an airman

certificate authorizing the employee to serve as, a copilot. (2) ‘‘pilot’’ means an employee who is— (A) responsible for manipulating or who manipulates

the flight controls of an aircraft when under way, including

the landing and takeoff of an aircraft; and (B) qualified to serve as, and has in effect an airman

certificate authorizing the employee to serve as, a pilot.

(b) DUTIES OF AIR CARRIERS.—An air carrier shall—

(1) maintain rates of compensation, maximum hours, and

other working conditions and relations for its pilots and copilots

who are providing interstate air transportation in the 48 contiguous States and the District of Columbia to conform with

decision number 83, May 10, 1934, National Labor Board, notwithstanding any limitation in that decision on the period

of its effectiveness;

(2) maintain rates of compensation for its pilots and copilots

who are providing foreign air transportation or air transportation only in one territory or possession of the United States;

and
H. R. 1758—417

(3) comply with title II of the Railway Labor Act (45 U.S.C.

181 et seq.) as long as it holds its certificate.

(c) MINIMUM ANNUAL RATE OF COMPENSATION.—A minimum

annual rate under subsection (b)(2) of this section may not be

less than the annual rate required to be paid for comparable service

to a pilot or copilot under subsection (b)(1) of this section.

(d) COLLECTIVE BARGAINING.—This section does not prevent

pilots or copilots of an air carrier from obtaining by collective

bargaining higher rates of compensation or more favorable working

conditions or relations.

SUBPART III—SAFETY

CHAPTER 441—REGISTRATION AND RECORDATION OF

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.

§ 44101. Operation of aircraft

(a) REGISTRATION REQUIREMENT.—Except as provided in subsection (b) of this section, a person may operate an aircraft only

when the aircraft is registered under section 44103 of this title. (b) EXCEPTIONS.—A person may operate an aircraft in the

United States that is not registered— (1) when authorized under section 40103(d) or 41703 of

this title;

(2) when it is an aircraft of the national defense forces

of the United States and is identified in a way satisfactory

to the Administrator of the Federal Aviation Administration;

and

(3) for a reasonable period of time after a transfer of

ownership, under regulations prescribed by the Administrator.

§ 44102. Registration requirements

(a) ELIGIBILITY.—An aircraft may be registered under section

44103 of this title only when the aircraft is— (1) not registered under the laws of a foreign country

and is owned by— (A) a citizen of the United States;

(B) an individual citizen of a foreign country lawfully

admitted for permanent residence in the United States;

or

(C) a corporation not a citizen of the United States

when the corporation is organized and doing business under

the laws of the United States or a State, and the aircraft

is based and primarily used in the United States; or

(2) an aircraft of—
H. R. 1758—418

(A) the United States Government; or

(B) a State, the District of Columbia, a territory or

possession of the United States, or a political subdivision

of a State, territory, or possession.

(b) DUTY TO DEFINE CERTAIN TERM.—In carrying out subsection

(a)(1)(C) of this section, the Secretary of Transportation shall define

‘‘based and primarily used in the United States’’.

§ 44103. Registration of aircraft

(a) GENERAL.—(1) On application of the owner of an aircraft

that meets the requirements of section 44102 of this title, the

Administrator of the Federal Aviation Administration shall—

(A) register the aircraft; and

(B) issue a certificate of registration to its owner.

(2) The Administrator may prescribe the extent to which an

aircraft owned by the holder of a dealer’s certificate of registration

issued under section 44104(2) of this title also is registered under

this section.

(b) CONTROLLED SUBSTANCE VIOLATIONS.—(1) The Administrator may not issue an owner’s certificate of registration under

subsection (a)(1) of this section to a person whose certificate is

revoked under section 44106 of this title during the 5-year period

beginning on the date of the revocation, except—

(A) as provided in section 44106(e)(2) of this title; or

(B) that the Administrator may issue the certificate to

the person after the one-year period beginning on the date

of the revocation if the Administrator decides that the aircraft

otherwise meets the requirements of section 44102 of this title

and that denial of a certificate for the 5-year period— (i) would be excessive considering the nature of the

offense or the act committed and the burden the denial

places on the person; or

(ii) would not be in the public interest.

(2) A decision of the Administrator under paragraph (1)(B)(i) or (ii) of this subsection is within the discretion of the Administrator.

That decision or failure to make a decision is not subject to administrative or judicial review. (c) CERTIFICATES AS EVIDENCE.—A certificate of registration

issued under this section is—

(1) conclusive evidence of the nationality of an aircraft

for international purposes, but not conclusive evidence in a

proceeding under the laws of the United States; and (2) not evidence of ownership of an aircraft in a proceeding

in which ownership is or may be in issue.

(d) CERTIFICATES AVAILABLE FOR INSPECTION.—An operator of

an aircraft shall make available for inspection a certificate of registration for the aircraft when requested by a United States Government, State, or local law enforcement officer.

§ 44104. Registration of aircraft components and dealers’

certificates of registration

The Administrator of the Federal Aviation Administration may

prescribe regulations—

(1) in the interest of safety for registering and identifying

an aircraft engine, propeller, or appliance; and

(2) in the public interest for issuing, suspending, and revoking a dealer’s certificate of registration under this chapter
H. R. 1758—419

and for its use by a person manufacturing, distributing, or

selling aircraft.

§ 44105. Suspension and revocation of aircraft certificates

The Administrator of the Federal Aviation Administration may

suspend or revoke a certificate of registration issued under section

44103 of this title when the aircraft no longer meets the requirements of section 44102 of this title.

§ 44106. Revocation of aircraft certificates for controlled

substance violations

(a) DEFINITION.—In this section, ‘‘controlled substance’’ has the

same meaning given that term in section 102 of the Comprehensive

Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).

(b) REVOCATIONS.—(1) The Administrator of the Federal Aviation Administration shall issue an order revoking the certificate

of registration for an aircraft issued to an owner under section

44103 of this title and any other certificate of registration that

the owner of the aircraft holds under section 44103, if the Administrator finds that—

(A) the aircraft was used to carry out, or facilitate, an

activity that is punishable by death or imprisonment for more

than one year under a law of the United States or a State

related to a controlled substance (except a law related to simple

possession of a controlled substance); and

(B) the owner of the aircraft permitted the use of the

aircraft knowing that the aircraft was to be used for the activity

described in clause (A) of this paragraph.

(2) An aircraft owner that is not an individual is deemed

to have permitted the use of the aircraft knowing that the aircraft

was to be used for the activity described in paragraph (1)(A) of

this subsection only if a majority of the individuals who control

the owner of the aircraft or who are involved in forming the major

policy of the owner permitted the use of the aircraft knowing

that the aircraft was to be used for the activity described in paragraph (1)(A). (c) ADVICE TO HOLDERS AND OPPORTUNITY TO ANSWER.—Before

the Administrator revokes a certificate under subsection (b) of this

section, the Administrator shall—

(1) advise the holder of the certificate of the charges or

reasons on which the Administrator bases the proposed action;

and

(2) provide the holder of the certificate an opportunity

to answer the charges and state why the certificate should

not be revoked.

(d) APPEALS.—(1) A person whose certificate is revoked by

the Administrator under subsection (b) of this section may appeal

the revocation order to the National Transportation Safety Board.

The Board shall affirm or reverse the order after providing notice

and a hearing on the record. In conducting the hearing, the Board

is not bound by the findings of fact of the Administrator.

(2) When a person files an appeal with the Board under this

subsection, the order of the Administrator revoking the certificate

is stayed. However, if the Administrator advises the Board that

safety in air transportation or air commerce requires the immediate

effectiveness of the order—

(A) the order remains effective; and
H. R. 1758—420

(B) the Board shall dispose of the appeal not later than

60 days after notification by the Administrator under this paragraph.

(3) A person substantially affected by an order of the Board

under this subsection may seek judicial review of the order under

section 46110 of this title. The Administrator shall be made a

party to that judicial proceeding.

(e) ACQUITTAL.—(1) The Administrator may not revoke, and

the Board may not affirm a revocation of, a certificate of registration

under this section on the basis of an activity described in subsection

(b)(1)(A) of this section if the holder of the certificate is acquitted

of all charges related to a controlled substance in an indictment

or information arising from the activity.

(2) If the Administrator has revoked a certificate of registration

of a person under this section because of an activity described

in subsection (b)(1)(A) of this section, the Administrator shall

reissue a certificate to the person if the person—

(A) subsequently is acquitted of all charges related to a

controlled substance in an indictment or information arising

from the activity; and

(B) otherwise meets the requirements of section 44102

of this title.

§ 44107. Recordation of conveyances, leases, and security

instruments

(a) ESTABLISHMENT OF SYSTEM.—The Administrator of the Federal Aviation Administration shall establish a system for recording—

(1) conveyances that affect an interest in civil aircraft

of the United States;

(2) leases and instruments executed for security purposes,

including conditional sales contracts, assignments, and amendments, that affect an interest in—

(A) a specifically identified aircraft engine having at

least 750 rated takeoff horsepower or its equivalent;

(B) a specifically identified aircraft propeller capable

of absorbing at least 750 rated takeoff shaft horsepower;

(C) an aircraft engine, propeller, or appliance maintained for installation or use in an aircraft, aircraft engine,

or propeller, by or for an air carrier holding a certificate

issued under section 44705 of this title; and

(D) spare parts maintained by or for an air carrier

holding a certificate issued under section 44705 of this

title; and

(3) releases, cancellations, discharges, and satisfactions

related to a conveyance, lease, or instrument recorded under

clause (1) or (2) of this subsection.

(b) GENERAL DESCRIPTION REQUIRED.—A lease or instrument

recorded under subsection (a)(2)(C) or (D) of this section only has

to describe generally the engine, propeller, appliance, or spare part

by type and designate its location.

(c) ACKNOWLEDGMENT.—Except as the Administrator otherwise

may provide, a conveyance, lease, or instrument may be recorded

under subsection (a) of this section only after it has been acknowledged before—

(1) a notary public; or
H. R. 1758—421

(2) another officer authorized under the laws of the United

States, a State, the District of Columbia, or a territory or

possession of the United States to acknowledge deeds.

(d) RECORDS AND INDEXES.—The Administrator shall—

(1) keep a record of the time and date that each conveyance,

lease, and instrument is filed and recorded with the Administrator; and

(2) record each conveyance, lease, and instrument filed

with the Administrator, in the order of their receipt, and index

them by—

(A) the identifying description of the aircraft, aircraft

engine, or propeller, or location specified in a lease or

instrument recorded under subsection (a)(2)(C) or (D) of

this section; and

(B) the names of the parties to each conveyance, lease,

and instrument.

§ 44108. Validity of conveyances, leases, and security

instruments

(a) VALIDITY BEFORE FILING.—Until a conveyance, lease, or

instrument executed for security purposes that may be recorded

under section 44107(a)(1) or (2) of this title is filed for recording,

the conveyance, lease, or instrument is valid only against—

(1) the person making the conveyance, lease, or instrument;

(2) that person’s heirs and devisees; and

(3) a person having actual notice of the conveyance, lease,

or instrument.

(b) PERIOD OF VALIDITY.—When a conveyance, lease, or

instrument is recorded under section 44107 of this title, the conveyance, lease, or instrument is valid from the date of filing against

all persons, without other recordation, except that—

(1) a lease or instrument recorded under section

44107(a)(2)(A) or (B) of this title is valid for a specifically

identified engine or propeller without regard to a lease or

instrument previously or subsequently recorded under section

44107(a)(2)(C) or (D); and

(2) a lease or instrument recorded under section

44107(a)(2)(C) or (D) of this title is valid only for items at

the location designated in the lease or instrument.

(c) APPLICABLE LAWS.—(1) The validity of a conveyance, lease,

or instrument that may be recorded under section 44107 of this

title is subject to the laws of the State, the District of Columbia,

or the territory or possession of the United States at which the

conveyance, lease, or instrument is delivered, regardless of the

place at which the subject of the conveyance, lease, or instrument

is located or delivered. If the conveyance, lease, or instrument

specifies the place at which delivery is intended, it is presumed

that the conveyance, lease, or instrument was delivered at the

specified place.

(2) This subsection does not take precedence over the Convention on the International Recognition of Rights in Aircraft (4 U.S.T.

1830).

(d) NONAPPLICATION.—This section does not apply to—

(1) a conveyance described in section 44107(a)(1) of this

title that was made before August 22, 1938; or

(2) a lease or instrument described in section 44107(a)(2)

of this title that was made before June 20, 1948.
H. R. 1758—422

§ 44109. Reporting transfer of ownership

(a) FILING NOTICES.—A person having an ownership interest in an aircraft for which a certificate of registration was issued

under section 44103 of this title shall file a notice with the Secretary

of the Treasury that the Secretary requires by regulation, not

later than 15 days after a sale, conditional sale, transfer, or conveyance of the interest.

(b) EXEMPTIONS.—The Secretary— (1) shall prescribe regulations that establish guidelines for exempting a person or class from subsection (a) of this section;

and

(2) may exempt a person or class under the regulations.

§ 44110. Information about aircraft ownership and rights

The Administrator of the Federal Aviation Administration may provide by regulation for— (1) endorsing information on each certificate of registration issued under section 44103 of this title and each certificate

issued under section 44704 of this title about ownership of

the aircraft for which each certificate is issued; and

(2) recording transactions affecting an interest in, and for other records, proceedings, and details necessary to decide the

rights of a party related to, a civil aircraft of the United

States, aircraft engine, propeller, appliance, or spare part.

§ 44111. Modifications in registration and recordation sys- tem for aircraft not providing air transportation

(a) APPLICATION.—This section applies only to aircraft not used to provide air transportation.

(b) AUTHORITY TO MAKE MODIFICATIONS.—The Administrator

of the Federal Aviation Administration shall make modifications

in the system for registering and recording aircraft necessary to

make the system more effective in serving the needs of— (1) buyers and sellers of aircraft;

(2) officials responsible for enforcing laws related to the regulation of controlled substances (as defined in section 102

of the Comprehensive Drug Abuse Prevention and Control Act

of 1970 (21 U.S.C. 802)); and

(3) other users of the system. (c) NATURE OF MODIFICATIONS.—Modifications made under subsection (b) of this section—

(1) may include a system of titling aircraft or registering

all aircraft, even aircraft not operated;

(2) shall ensure positive, verifiable, and timely identification of the true owner; and

(3) shall address at least each of the following deficiencies

in and abuses of the existing system:

(A) the registration of aircraft to fictitious persons.

(B) the use of false or nonexistent addresses by persons

registering aircraft.

(C) the use by a person registering an aircraft of a

post office box or ‘‘mail drop’’ as a return address to evade

identification of the person’s address.

(D) the registration of aircraft to entities established

to facilitate unlawful activities.

(E) the submission of names of individuals on applications for registration of aircraft that are not identifiable.
H. R. 1758—423

(F) the ability to make frequent legal changes in the

registration markings assigned to aircraft.

(G) the use of false registration markings on aircraft.

(H) the illegal use of ‘‘reserved’’ registration markings

on aircraft.

(I) the large number of aircraft classified as being

in ‘‘self-reported status’’.

(J) the lack of a system to ensure timely and adequate

notice of the transfer of ownership of aircraft.

(K) the practice of allowing temporary operation and

navigation of aircraft without the issuance of a certificate

of registration.

(d) REGULATIONS.—(1) The Administrator of the Federal Aviation Administration shall prescribe regulations to carry out this

section and provide a written explanation of how the regulations

address each of the deficiencies and abuses described in subsection

(c) of this section. In prescribing the regulations, the Administrator

of the Federal Aviation Administration shall consult with the

Administrator of Drug Enforcement, the Commissioner of Customs,

other law enforcement officials of the United States Government,

representatives of State and local law enforcement officials, representatives of the general aviation aircraft industry, representatives of users of general aviation aircraft, and other interested

persons.

(2) Regulations prescribed under this subsection shall require

that—

(A) each individual listed in an application for registration

of an aircraft provide with the application the individual’s

driver’s license number; and

(B) each person (not an individual) listed in an application

for registration of an aircraft provide with the application the

person’s taxpayer identifying number.

§ 44112. Limitation of liability

(a) DEFINITIONS.—In this section—

(1) ‘‘lessor’’ means a person leasing for at least 30 days

a civil aircraft, aircraft engine, or propeller.

(2) ‘‘owner’’ means a person that owns a civil aircraft,

aircraft engine, or propeller.

(3) ‘‘secured party’’ means a person having a security

interest in, or security title to, a civil aircraft, aircraft engine,

or propeller under a conditional sales contract, equipment trust

contract, chattel or corporate mortgage, or similar instrument.

(b) LIABILITY.—A lessor, owner, or secured party is liable for

personal injury, death, or property loss or damage on land or

water only when a civil aircraft, aircraft engine, or propeller is

in the actual possession or control of the lessor, owner, or secured

party, and the personal injury, death, or property loss or damage

occurs because of—

(1) the aircraft, engine, or propeller; or

(2) the flight of, or an object falling from, the aircraft,

engine, or propeller.

CHAPTER 443—INSURANCE

Sec.

44301. Definitions.

44302. General authority.
H. R. 1758—424

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.

§ 44301. Definitions

In this chapter—

(1) ‘‘American aircraft’’ means—

(A) a civil aircraft of the United States; and

(B) an aircraft owned or chartered by, or made available to—

(i) the United States Government; or

(ii) a State, the District of Columbia, a territory

or possession of the United States, or a political subdivision of the State, territory, or possession.

(2) ‘‘insurance carrier’’ means a person authorized to do

aviation insurance business in a State, including a mutual

or stock insurance company and a reciprocal insurance association.

§ 44302. General authority

(a) INSURANCE AND REINSURANCE.—(1) Subject to subsection

(b) of this section and section 44305(a) of this title, the Secretary

of Transportation may provide insurance and reinsurance against

loss or damage arising out of any risk from the operation of an

American aircraft or foreign-flag aircraft—

(A) in foreign air commerce; or

(B) between at least 2 places, all of which are outside

the United States.

(2) An aircraft may be insured or reinsured for not more than

its reasonable value as determined by the Secretary. Insurance

or reinsurance may be provided only when the Secretary decides

that the insurance cannot be obtained on reasonable terms from

an insurance carrier.

(b) PRESIDENTIAL APPROVAL.—The Secretary may provide insurance or reinsurance under subsection (a) of this section only with

the approval of the President. The President may approve the

insurance or reinsurance only after deciding that the continued

operation of the American aircraft or foreign-flag aircraft to be

insured or reinsured is necessary to carry out the foreign policy

of the United States Government.

(c) CONSULTATION.—The President may require the Secretary

to consult with interested departments, agencies, and instrumentalities of the Government before providing insurance or reinsurance

under this chapter.

(d) ADDITIONAL INSURANCE.—With the approval of the Secretary, a person having an insurable interest in an aircraft may

insure with other underwriters in an amount that is more than

the amount insured with the Secretary. However, the Secretary

may not benefit from the additional insurance. This subsec tion

does not prevent the Secretary from making contracts of

coinsurance.
H. R. 1758—425

§ 44303. Coverage

The Secretary of Transportation may provide insurance and

reinsurance authorized under section 44302 of this title for the

following:

(1) an American aircraft or foreign-flag aircraft engaged

in aircraft operations the President decides are necessary to

carry out the foreign policy of the United States Government.

(2) property transported or to be transported on aircraft

referred to in clause (1) of this section, including—

(A) shipments by express or registered mail;

(B) property owned by citizens or residents of the

United States;

(C) property—

(i) imported to, or exported from, the United

States; and

(ii) bought or sold by a citizen or resident of the

United States under a contract putting the risk of

loss or obligation to provide insurance against risk

of loss on the citizen or resident; and

(D) property transported between—

(i) a place in a State or the District of Columbia

and a place in a territory or possession of the United

States;

(ii) a place in a territory or possession of the United

States and a place in another territory or possession

of the United States; or

(iii) 2 places in the same territory or possession

of the United States.

(3) the personal effects and baggage of officers and members

of the crew of an aircraft referred to in clause (1) of this

section and of other individuals employed or transported on

that aircraft.

(4) officers and members of the crew of an aircraft referred

to in clause (1) of this section and other individuals employed

or transported on that aircraft against loss of life, injury, or

detention.

(5) statutory or contractual obligations or other liabilities,

customarily covered by insurance, of an aircraft referred to

in clause (1) of this section or of the owner or operator of

that aircraft.

§ 44304. Reinsurance

(a) GENERAL AUTHORITY.—To the extent the Secretary of

Transportation is authorized to provide insurance under this chapter, the Secretary may reinsure any part of the insurance provided

by an insurance carrier. The Secretary may reinsure with, transfer

to, or transfer back to, the carrier any insurance or reinsurance

provided by the Secretary under this chapter. (b) PREMIUM LEVELS.—The Secretary may provide reinsurance

at premiums not less than, or obtain reinsurance at premiums

not higher than, the premiums the Secretary establishes on similar

risks or the premiums the insurance carrier charges for the insurance to be reinsured by the Secretary, whichever is most advantageous to the Secretary. However, the Secretary may make allowances to the insurance carrier for expenses incurred in providing

services and facilities that the Secretary considers good business
H. R. 1758—426

practice, except for payments by the carrier for the stimulation

or solicitation of insurance business.

§ 44305. Insuring United States Government property

(a) GENERAL.—With the approval of the President, a department, agency, or instrumentality of the United States Government

may obtain— (1) insurance under this chapter, including insurance for

risks from operating an aircraft in intrastate or interstate

air commerce, but not including insurance on valuables subject

to sections 1 and 2 of the Government Losses in Shipment

Act (40 U.S.C. 721, 722); and

(2) insurance for risks arising from providing goods or

services directly related to and necessary for operating an aircraft covered by insurance obtained under clause (1) of this

subsection if the aircraft is operated—

(A) in carrying out a contract of the department,

agency, or instrumentality; or (B) to transport military forces or materiel on behalf

of the United States under an agreement between the

Government and the government of a foreign country. (b) PREMIUM WAIVERS AND INDEMNIFICATION.—With the

approval required under subsection (a) of this section, the Secretary

of Transportation may provide the insurance without premium at

the request of the Secretary of Defense or the head of a department,

agency, or instrumentality designated by the President when the

Secretary of Defense or the designated head agrees to indemnify

the Secretary of Transportation against all losses covered by the

insurance. The Secretary of Defense and any designated head may

make indemnity agreements with the Secretary of Transportation

under this section.

§ 44306. Premiums and limitations on coverage and claims

(a) PREMIUMS BASED ON RISK.—To the extent practical, the

premium charged for insurance or reinsurance under this chapter

shall be based on consideration of the risk involved.

(b) TIME LIMITS.—The Secretary of Transportation may provide

insurance and reinsurance under this chapter for a period of not

more than 60 days. The period may be extended for additional

periods of not more than 60 days each only if the President decides,

before each additional period, that the continued operation of the

aircraft to be insured or reinsured is necessary to carry out the

foreign policy of the United States Government.

(c) MAXIMUM INSURED AMOUNT.—The insurance policy on an

aircraft insured or reinsured under this chapter shall specify a

stated amount that is not more than the value of the aircraft,

as determined by the Secretary. A claim under the policy may

not be paid for more than that stated amount.

§ 44307. Revolving fund

(a) EXISTENCE, DISBURSEMENTS, APPROPRIATIONS, AND

DEPOSITS.—(1) There is a revolving fund in the Treasury. The

Secretary of the Treasury shall disburse from the fund payments

to carry out this chapter.

(2) Necessary amounts to carry out this chapter may be appropriated to the fund. The amounts appropriated and other amounts
H. R. 1758—427

received in carrying out this chapter shall be deposited in the

fund.

(b) INVESTMENT.—On request of the Secretary of Transportation, the Secretary of the Treasury may invest any part of the

amounts in the revolving fund in interest-bearing securities of

the United States Government. The interest on, and the proceeds

from the sale or redemption of, the securities shall be deposited

in the fund.

(c) EXCESS AMOUNTS.—The balance in the revolving fund in

excess of an amount the Secretary of Transportation determines

is necessary for the requirements of the fund and for reasonable

reserves to maintain the solvency of the fund shall be deposited

at least annually in the Treasury as miscellaneous receipts.

(d) EXPENSES.—The Secretary of Transportation shall deposit

annually an amount in the Treasury as miscellaneous receipts

to cover the expenses the Government incurs when the Secretary

of Transportation uses appropriated amounts in carrying out this

chapter. The deposited amount shall equal an amount determined

by multiplying the average monthly balance of appropriated

amounts retained in the revolving fund by a percentage that is

at least the current average rate payable on marketable obligations

of the Government. The Secretary of the Treasury shall determine

annually in advance the percentage applied.

§ 44308. Administrative

(a) COMMERCIAL PRACTICES.—The Secretary of Transportation

may carry out this chapter consistent with commercial practices

of the aviation insurance business.

(b) ISSUANCE OF POLICIES AND DISPOSITION OF CLAIMS.—(1)

The Secretary may issue insurance policies to carry out this chapter.

The Secretary may prescribe the forms, amounts insured under

the policies, and premiums charged. The Secretary may change

an amount of insurance or a premium for an existing policy only

with the consent of the insured.

(2) For a claim under insurance authorized by this chapter,

the Secretary may— (A) settle and pay the claim made for or against the United

States Government; and

(B) pay the amount of a judgment entered against the

Government.

(c) UNDERWRITING AGENT.—(1) The Secretary may, and when

practical shall, employ an insurance carrier or group of insurance

carriers to act as an underwriting agent. The Secretary may use

the agent to adjust claims under this chapter, but claims may

be paid only when approved by the Secretary.

(2) The Secretary may pay reasonable compensation to an

underwriting agent for servicing insurance the agent writes for

the Secretary. Compensation may include payment for reasonable

expenses incurred by the agent but may not include a payment

by the agent for stimulation or solicitation of insurance business.

(3) Except as provided by this subsection, the Secretary may

not pay an insurance broker or other person acting in a similar

capacity any consideration for arranging insurance when the Secretary directly insures any part of the risk.

(d) BUDGET.—The Secretary shall submit annually a budget

program for carrying out this chapter as provided for wholly owned

Government corporations under chapter 91 of title 31.
H. R. 1758—428

(e) ACCOUNTS.—The Secretary shall maintain a set of accounts.

The Comptroller General shall audit those accounts under chapter

35 of title 31. Notwithstanding chapter 35, the Comptroller General

shall allow credit for expenditures under this chapter made consistent with commercial practices in the aviation insurance business

when shown to be necessary because of the business activities

authorized by this chapter.

§ 44309. Civil actions

(a) DISPUTED LOSSES.—A person may bring a civil action in

a district court of the United States against the United States

Government when a loss insured under this chapter is in dispute.

A civil action involving the same matter (except the action authorized by this subsection) may not be brought against an agent,

officer, or employee of the Government carrying out this chapter.

To the extent applicable, the procedure in an action brought under

section 1346(a)(2) of title 28 applies to an action under this subsection.

(b) VENUE AND JOINDER.—(1) A civil action under subsection

(a) of this section may be brought in the judicial district for the

District of Columbia or in the judicial district in which the plaintiff

or the agent of the plaintiff resides if the plaintiff resides in the

United States. If the plaintiff does not reside in the United States,

the action may be brought in the judicial district for the District

of Columbia or in the judicial district in which the Attorney General

agrees to accept service.

(2) An interested person may be joined as a party to a civil

action brought under subsection (a) of this section initially or on

motion of either party to the action. (c) TIME REQUIREMENTS.—When an insurance claim is made

under this chapter, the period during which, under section 2401

of title 28, a civil action must be brought under subsection (a)

of this section is suspended until 60 days after the Secretary of

Transportation denies the claim. The claim is deemed to be administratively denied if the Secretary does not act on the claim not

later than 6 months after filing, unless the Secretary makes a

different agreement with the claimant when there is good cause

for an agreement. (d) INTERPLEADER.—(1) If the Secretary admits the Government

owes money under an insurance claim under this chapter and

there is a dispute about the person that is entitled to payment,

the Government may bring a civil action of interpleader in a district

court of the United States against the persons that may be entitled

to payment. The action may be brought in the judicial district

for the District of Columbia or in the judicial district in which

any party resides.

(2) The district court may order a party not residing or found

in the judicial district in which the action is brought to appear

in a civil action under this subsection. The order shall be served

in a reasonable manner decided by the district court. If the court

decides an unknown person might assert a claim under the insurance that is the subject of the action, the court may order service

on that person by publication in the Federal Register.

(3) Judgment in a civil action under this subsection discharges

the Government from further liability to the parties to the action

and to all other persons served by publication under paragraph

(2) of this subsection.
H. R. 1758—429

§ 44310. Ending effective date

The authority of the Secretary of Transportation to provide

insurance and reinsurance under this chapter is not effective after

September 30, 1997.

CHAPTER 445—FACILITIES, PERSONNEL, AND

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.

§ 44501. Plans and policy

(a) LONG RANGE PLANS AND POLICY REQUIREMENTS.—The

Administrator of the Federal Aviation Administration shall make

long range plans and policy for the orderly development and use

of the navigable airspace, and the orderly development and location

of air navigation facilities, that will best meet the needs of, and

serve the interests of, civil aeronautics and the national defense,

except for needs of the armed forces that are peculiar to air warfare

and primarily of military concern.

(b) AIRWAY CAPITAL INVESTMENT PLAN.—The Administrator of

the Federal Aviation Administration shall review, revise, and publish a national airways system plan, known as the Airway Capital

Investment Plan, before the beginning of each fiscal year. The

plan shall set forth—

(1) for a 10-year period, the research, engineering, and

development programs and the facilities and equipment that

the Administrator considers necessary for a system of airways,

air traffic services, and navigation aids that will—

(A) meet the forecasted needs of civil aeronautics;

(B) meet the requirements that the Secretary of

Defense establishes for the support of the national defense;

and

(C) provide the highest degree of safety in air commerce;

(2) for the first and 2d years of the plan, detailed annual

estimates of—

(A) the number, type, location, and cost of acquiring,

operating, and maintaining required facilities and services;

(B) the cost of research, engineering, and development

required to improve safety, system capacity, and efficiency;

and

(C) personnel levels required for the activities described

in subclauses (A) and (B) of this clause;

(3) for the 3d, 4th, and 5th years of the plan, estimates

of the total cost of each major program for the 3-year period,
H. R. 1758—430

and additional major research programs, acquisition of systems

and facilities, and changes in personnel levels that may be

required to meet long range objectives and that may have

significant impact on future funding requirements; and

(4) a 10-year investment plan that considers long range

objectives that the Administrator considers necessary to—

(A) ensure that safety is given the highest priority

in providing for a safe and efficient airway system; and

(B) meet the current and projected growth of aviation

and the requirements of interstate commerce, the United

States Postal Service, and the national defense.

(c) NATIONAL AVIATION RESEARCH PLAN.—(1) The Administrator of the Federal Aviation Administration shall prepare and

publish annually a national aviation research plan and submit

the plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and

Technology of the House of Representatives. The plan shall be

submitted not later than the date of submission of the President’s

budget to Congress.

(2)(A) The plan shall describe, for a 15-year period, the research,

engineering, and development that the Administrator of the Federal

Aviation Administration considers necessary—

(i) to ensure the continued capacity, safety, and efficiency

of aviation in the United States, considering emerging technologies and forecasted needs of civil aeronautics; and

(ii) to provide the highest degree of safety in air travel.

(B) The plan shall cover all research conducted under sections

40119, 44504, 44505, 44507, 44511–44513, and 44912 of this title

and shall identify complementary and coordinated research efforts

that the Administrator of the National Aeronautics and Space

Administration conducts with amounts specifically appropriated to

the Administration. For projects for which the Administrator of

the Federal Aviation Administration anticipates requesting an

appropriation, the plan shall include—

(i) for the first 2 years of the plan, detailed annual estimates of the schedule, cost, and work-force levels for each

research project, including a description of the scope and content of each major contract, grant, or interagency agreement; (ii) for the 3d, 4th, and 5th years of the plan, estimates

of the total cost of each major project and any additional major

research projects that may be required to meet long-term objectives and that may have significant impact on future appropriations requirements;

(iii) for the 6th and subsequent years of the plan, the

long-term objectives the Administrator of the Federal Aviation

Administration considers necessary to ensure that aviation

safety will be given the highest priority; and

(iv) details of a program to disseminate to the private

sector the results of aviation research conducted by the

Administrator of the Federal Aviation Administration, including

any new technologies developed.

(3) Subject to section 40119(b) of this title and regulations

prescribed under section 40119(b), the Administrator of the Federal

Aviation Administration shall submit to the committees named

in paragraph (1) of this subsection an annual report on the accomplishments of the research completed during the prior fiscal year.

The report shall be submitted with the plan required under para-
H. R. 1758—431

graph (1) and be organized to allow comparison with the plan

in effect for the prior fiscal year.

§ 44502. General facilities and personnel authority

(a) GENERAL AUTHORITY.—(1) The Administrator of the Federal

Aviation Administration may—

(A) acquire, establish, improve, operate, and maintain air

navigation facilities; and

(B) provide facilities and personnel to regulate and protect

air traffic.

(2) The cost of site preparation work associated with acquiring,

establishing, or improving an air navigation facility under paragraph (1)(A) of this subsection shall be charged to amounts available

for that purpose appropriated under section 48101(a) of this title.

The Secretary of Transportation may make an agreement with

an airport owner or sponsor (as defined in section 47102 of this

title) so that the owner or sponsor will provide the work and

be paid or reimbursed by the Secretary from the appropriated

amounts.

(3) The Secretary of Transportation may authorize a department, agency, or instrumentality of the United States Government

to carry out any duty or power under this subsection with the

consent of the head of the department, agency, or instrumentality.

(b) CERTIFICATION OF NECESSITY.—Except for Government

money expended under this part or for a military purpose, money

may be expended to acquire, establish, construct, operate, repair,

alter, or maintain an air navigation facility only if the Administrator

of the Federal Aviation Administration certifies in writing that

the facility is reasonably necessary for use in air commerce or

for the national defense. An interested person may apply for a

certificate for a facility to be acquired, established, constructed,

operated, repaired, altered, or maintained by or for the person. (c) ENSURING CONFORMITY WITH PLANS AND POLICIES.—(1) To

ensure that conformity with plans and policies for, and allocation

of, airspace by the Administrator of the Federal Aviation Administration under section 40103(b)(1) of this title, a military airport,

military landing area, or missile or rocket site may be acquired,

established, or constructed, or a runway may be altered substantially, only if the Administrator of the Federal Aviation Administration is given reasonable prior notice so that the Administrator

of the Federal Aviation Administration may advise the appropriate

committees of Congress and interested departments, agencies, and

instrumentalities of the Government on the effect of the acquisition,

establishment, construction, or alteration on the use of airspace

by aircraft. A disagreement between the Administrator of the Federal Aviation Administration and the Secretary of Defense or the

Administrator of the National Aeronautics and Space Administration may be appealed to the President for a final decision.

(2) To ensure conformity, an airport or landing area not involving the expenditure of Government money may be established or

constructed, or a runway may be altered substantially, only if

the Administrator of the Federal Aviation Administration is given

reasonable prior notice so that the Administrator may provide

advice on the effects of the establishment, construction, or alteration

on the use of airspace by aircraft.

(d) PUBLIC USE AND EMERGENCY ASSISTANCE.—(1) The head

of a department, agency, or instrumentality of the Government
H. R. 1758—432

having jurisdiction over an air navigation facility owned or operated

by the Government may provide, under regulations the head of

the department, agency, or instrumentality prescribes, for public

use of the facility.

(2) The head of a department, agency, or instrumentality of

the Government having jurisdiction over an airport or emergency

landing field owned or operated by the Government may provide,

under regulations the head of the department, agency, or instrumentality prescribes, for assistance, and the sale of fuel, oil, equipment,

and supplies, to an aircraft, but only when necessary, because

of an emergency, to allow the aircraft to continue to the nearest

airport operated by private enterprise. The head of the department,

agency, or instrumentality shall provide for the assistance and

sale at the prevailing local fair market value as determined by

the head of the department, agency, or instrumentality. An amount

that the head decides is equal to the cost of the assistance provided

and the fuel, oil, equipment, and supplies sold shall be credited

to the appropriation from which the cost was paid. The balance

shall be credited to miscellaneous receipts.

(e) CONSENT OF CONGRESS.—Congress consents to a State making an agreement, not in conflict with a law of the United States,

with another State to develop or operate an airport facility.

(f) TRANSFERS OF INSTRUMENT LANDING SYSTEMS.—An airport

may transfer, without consideration, to the Administrator of the

Federal Aviation Administration an instrument landing system (and

associated approach lighting equipment and runway visual range

equipment) that conforms to performance specifications of the

Administrator if a Government airport aid program, airport development aid program, or airport improvement project grant was used

to assist in purchasing the system. The Administrator shall accept

the system and operate and maintain it under criteria of the

Administrator.

§ 44503. Reducing nonessential expenditures

The Secretary of Transportation shall attempt to reduce the

capital, operating, maintenance, and administrative costs of the

national airport and airway system to the maximum extent practicable consistent with the highest degree of aviation safety. At

least annually, the Secretary shall consult with and consider the

recommendations of users of the system on ways to reduce nonessential expenditures of the United States Government for aviation. The Secretary shall give particular attention to a recommendation that may reduce, with no adverse effect on safety, future

personnel requirements and costs to the Government required to

be recovered from user charges.

§ 44504. Improved aircraft, aircraft engines, propellers, and

appliances

(a) DEVELOPMENTAL WORK AND SERVICE TESTING.—The

Administrator of the Federal Aviation Administration may conduct

or supervise developmental work and service testing to improve

aircraft, aircraft engines, propellers, and appliances.

(b) RESEARCH.—The Administrator shall conduct or supervise

research—

(1) to develop technologies and analyze information to predict the effects of aircraft design, maintenance, testing, wear,

and fatigue on the life of aircraft and air safety;
H. R. 1758—433

(2) to develop methods of analyzing and improving aircraft

maintenance technology and practices, including nondestructive

evaluation of aircraft structures;

(3) to assess the fire and smoke resistance of aircraft material;

(4) to develop improved fire and smoke resistant material

for aircraft interiors;

(5) to develop and improve fire and smoke containment

systems for inflight aircraft fires;

(6) to develop advanced aircraft fuels with low flammability

and technologies that will contain aircraft fuels to minimize

post-crash fire hazards; and

(7) to develop technologies and methods to assess the risk

of and prevent defects, failures, and malfunctions of products,

parts, processes, and articles manufactured for use in aircraft,

aircraft engines, propellers, and appliances that could result

in a catastrophic failure of an aircraft.

(c) AUTHORITY TO BUY ITEMS OFFERING SPECIAL ADVANTAGES.—In carrying out this section, the Administrator, by negotiation or otherwise, may buy or exchange experimental aircraft, aircraft engines, propellers, and appliances that the Administrator

decides may offer special advantages to aeronautics.

§ 44505. Systems, procedures, facilities, and devices

(a) GENERAL REQUIREMENTS.—(1) The Administrator of the Federal Aviation Administration shall—

(A) develop, alter, test, and evaluate systems, procedures,

facilities, and devices, and define their performance characteristics, to meet the needs for safe and efficient navigation and

traffic control of civil and military aviation, except for needs

of the armed forces that are peculiar to air warfare and primarily of military concern; and (B) select systems, procedures, facilities, and devices that

will best serve those needs and promote maximum coordination

of air traffic control and air defense systems.

(2) The Administrator may make contracts to carry out this subsection without regard to section 3324(a) and (b) of title 31. (3) When a substantial question exists under paragraph (1)

of this subsection about whether a matter is of primary concern

to the armed forces, the Administrator shall decide whether the

Administrator or the Secretary of the appropriate military department has responsibility. The Administrator shall be given technical

information related to each research and development project of

the armed forces that potentially applies to, or potentially conflicts

with, the common system to ensure that potential application to

the common system is considered properly and that potential conflicts with the system are eliminated.

(b) RESEARCH ON HUMAN FACTORS AND SIMULATION MODELS.—

The Administrator shall conduct or supervise research—

(1) to develop a better understanding of the relationship

between human factors and aviation accidents and between

human factors and air safety;

(2) to enhance air traffic controller, mechanic, and flight

crew performance;

(3) to develop a human-factor analysis of the hazards associated with new technologies to be used by air traffic controllers,

mechanics, and flight crews;
H. R. 1758—434

(4) to identify innovative and effective corrective measures

for human errors that adversely affect air safety; and

(5) to develop dynamic simulation models of the air traffic

control system and airport design and operating procedures

that will provide analytical technology—

(A) to predict airport and air traffic control safety

and capacity problems;

(B) to evaluate planned research projects; and

(C) to test proposed revisions in airport and air traffic

control operations programs.

(c) RESEARCH ON DEVELOPING AND MAINTAINING A SAFE AND

EFFICIENT SYSTEM.—The Administrator shall conduct or supervise

research on—

(1) airspace and airport planning and design;

(2) airport capacity enhancement techniques;

(3) human performance in the air transportation environment;

(4) aviation safety and security;

(5) the supply of trained air transportation personnel,

including pilots and mechanics; and

(6) other aviation issues related to developing and

maintaining a safe and efficient air transportation system.

§ 44506. Air traffic controllers

(a) RESEARCH ON EFFECT OF AUTOMATION ON PERFORMANCE.—

To develop the means necessary to establish appropriate selection

criteria and training methodologies for the next generation of air

traffic controllers, the Administrator of the Federal Aviation

Administration shall conduct research to study the effect of automation on the performance of the next generation of air traffic controllers and the air traffic control system. The research shall include

investigating—

(1) methods for improving and accelerating future air traffic

controller training through the application of advanced training

techniques, including the use of simulation technology;

(2) the role of automation in the air traffic control system

and its physical and psychological effects on air traffic controllers;

(3) the attributes and aptitudes needed to function well

in a highly automated air traffic control system and the development of appropriate testing methods for identifying individuals

with those attributes and aptitudes;

(4) innovative methods for training potential air traffic

controllers to enhance the benefits of automation and maximize

the effectiveness of the air traffic control system; and

(5) new technologies and procedures for exploiting automated communication systems, including Mode S Transponders,

to improve information transfers between air traffic controllers

and aircraft pilots.

(b) RESEARCH ON HUMAN FACTOR ASPECTS OF AUTOMATION.—

The Administrators of the Federal Aviation Administration and

National Aeronautics and Space Administration may make an

agreement for the use of the National Aeronautics and Space

Administration’s unique human factor facilities and expertise in

conducting research activities to study the human factor aspects

of the highly automated environment for the next generation of
H. R. 1758—435

air traffic controllers. The research activities shall include investigating—

(1) human perceptual capabilities and the effect of computer-aided decision making on the workload and performance

of air traffic controllers;

(2) information management techniques for advanced air

traffic control display systems; and

(3) air traffic controller workload and performance measures, including the development of predictive models.

(c) COLLEGIATE TRAINING INITIATIVE.—(1) The Administrator

of the Federal Aviation Administration may maintain the Collegiate

Training Initiative program by making new agreements and

continuing existing agreements with institutions of higher education

(as defined by the Administrator) under which the institutions

prepare students for the position of air traffic controller with the

Department of Transportation (as defined in section 2109 of title

5). The Administrator may establish standards for the entry of

institutions into the program and for their continued participation.

(2)(A) The Administrator of the Federal Aviation Administration may appoint an individual who has successfully completed

a course of training in a program described in paragraph (1) of

this subsection to the position of air traffic controller noncompetitively in the excepted service (as defined in section 2103 of title

5). An individual appointed under this paragraph serves at the

pleasure of the Administrator, subject to section 7511 of title 5.

However, an appointment under this paragraph may be converted

from one in the excepted service to a career conditional or career

appointment in the competitive civil service (as defined in section

2102 of title 5) when the individual achieves full performance

level air traffic controller status, as decided by the Administrator. (B) The authority under subparagraph (A) of this paragraph

to make appointments in the excepted service expires on October

6, 1997, except that the Administrator of the Federal Aviation

Administration may extend the authority for one or more successive

one-year periods. (d) STAFFING REPORT.—The Administrator of the Federal Aviation Administration shall submit annually to the Committee on

Public Works and Transportation of the House of Representatives

and the Committee on Commerce, Science, and Transportation of

the Senate a report containing— (1) the staffing standards used to determine the number

of air traffic controllers needed to operate the air traffic control

system of the United States; (2) a 3-year projection of the number of controllers needed

to be employed to operate the system to meet the standards;

and

(3) a detailed plan for employing the controllers, including

projected budget requests.

§ 44507. Civil aeromedical research

The Civil Aeromedical Institute established by section 106(j)

of this title may—

(1) conduct civil aeromedical research, including research

related to—

(A) the protection and survival of aircraft occupants;

(B) medical accident investigation and airman medical

certification;
H. R. 1758—436

(C) toxicology and the effects of drugs on human

performance;

(D) the impact of disease and disability on human

performance;

(E) vision and its relationship to human performance

and equipment design;

(F) human factors of flight crews, air traffic controllers,

mechanics, inspectors, airway facility technicians, and

other individuals involved in operating and maintaining

aircraft and air traffic control equipment; and

(G) agency work force optimization, including training,

equipment design, reduction of errors, and identification

of candidate tasks for automation;

(2) make comments to the Administrator of the Federal

Aviation Administration on human factors aspects of proposed

air safety regulations;

(3) make comments to the Administrator on human factors

aspects of proposed training programs, equipment requirements, standards, and procedures for aviation personnel;

(4) advise, assist, and represent the Federal Aviation

Administration in the human factors aspects of joint projects

between the Administration and the National Aeronautics and

Space Administration, other departments, agencies, and

instrumentalities of the United States Government, industry,

and governments of foreign countries; and

(5) provide medical consultation services to the Administrator about medical certification of airmen.

§ 44508. Research advisory committee

(a) ESTABLISHMENT AND DUTIES.—(1) There is a research

advisory committee in the Federal Aviation Administration. The

committee shall—

(A) provide advice and recommendations to the Administrator of the Federal Aviation Administration about needs,

objectives, plans, approaches, content, and accomplishments of

the aviation research program carried out under sections 40119,

44504, 44505, 44507, 44511–44513, and 44912 of this title;

(B) assist in ensuring that the research is coordinated

with similar research being conducted outside the Administration; and

(C) review the operations of the regional centers of air

transportation excellence established under section 44513 of

this title.

(2) The Administrator may establish subordinate committees

to provide advice on specific areas of research conducted under

sections 40119, 44504, 44505, 44507, 44511–44513, and 44912 of

this title.

(b) MEMBERS, CHAIRMAN, PAY, AND EXPENSES.—(1) The committee is composed of not more than 30 members appointed by the

Administrator from among individuals who are not employees of

the Administration and who are specially qualified to serve on

the committee because of their education, training, or experience.

In appointing members of the committee, the Administrator shall

ensure that the regional centers of air transportation excellence,

universities, corporations, associations, consumers, and other

departments, agencies, and instrumentalities of the United States

Government are represented.
H. R. 1758—437

(2) The Administrator shall designate the chairman of the

committee.

(3) A member of the committee serves without pay. However,

the Administrator may allow a member, when attending meetings

of the committee or a subordinate committee, expenses as authorized under section 5703 of title 5.

(c) SUPPORT STAFF, INFORMATION, AND SERVICES.—The

Administrator shall provide support staff for the committee. On

request of the committee, the Administrator shall provide information, administrative services, and supplies that the Administrator

considers necessary for the committee to carry out its duties and

powers.

(d) NONAPPLICATION.—Section 14 of the Federal Advisory

Committee Act (5 App. U.S.C.) does not apply to the committee.

(e) USE AND LIMITATION OF AMOUNTS.—(1) Not more than

.1 percent of the amounts made available to conduct research under

sections 40119, 44504, 44505, 44507, 44511–44513, and 44912 of

this title may be used by the Administrator to carry out this

section.

(2) A limitation on amounts available for obligation by or for

the committee does not apply to amounts made available to carry

out this section.

§ 44509. Demonstration projects

The Secretary of Transportation may carry out under this chapter demonstration projects that the Secretary considers necessary

for research and development activities under this chapter.

§ 44510. Airway science curriculum grants

(a) GENERAL AUTHORITY.—The Administrator of the Federal

Aviation Administration may make competitive grant agreements

with institutions of higher education having airway science curricula for the United States Government’s share of the allowable

direct costs of the following categories of items to the extent that

the items are in support of airway science curricula:

(1) the construction, purchase, or lease with an option

to purchase, of buildings and associated facilities.

(2) instructional material and equipment.

(b) COST GUIDELINES.—The Administrator shall establish guidelines to determine the direct costs allowable under a grant to

be made under this section. The Government’s share of the allowable cost of a project assisted by a grant under this section may

not be more than 65 percent.

§ 44511. Aviation research grants

(a) GENERAL AUTHORITY.—The Administrator of the Federal

Aviation Administration may make grants to institutions of higher

education and nonprofit research organizations to conduct aviation

research in areas the Administrator considers necessary for the

long-term growth of civil aviation.

(b) APPLICATIONS.—An institution of higher education or nonprofit research organization interested in receiving a grant under

this section may submit an application to the Administrator. The

application must be in the form and contain the information the

Administrator requires.
H. R. 1758—438

(c) SOLICITATION, REVIEW, AND EVALUATION PROCESS.—The

Administrator shall establish a solicitation, review, and evaluation

process that ensures—

(1) providing grants under this section for proposals having

adequate merit and relevancy to the mission of the Administration;

(2) a fair geographical distribution of grants under this

section; and

(3) the inclusion of historically black institutions of higher

education and other minority nonprofit research organizations

for grant consideration under this section.

(d) RECORDS.—Each person receiving a grant under this section

shall maintain records that the Administrator requires as being

necessary to facilitate an effective audit and evaluation of the

use of money provided under the grant.

(e) ANNUAL REPORT.—The Administrator shall submit an

annual report to the Committee on Science, Space, and Technology

of the House of Representatives and the Committee on Commerce,

Science, and Transportation of the Senate on carrying out this

section.

§ 44512. Catastrophic failure prevention research grants

(a) GENERAL AUTHORITY.—The Administrator of the Federal

Aviation Administration may make grants to institutions of higher

education and nonprofit research organizations—

(1) to conduct aviation research related to the development

of technologies and methods to assess the risk of, and prevent,

defects, failures, and malfunctions of products, parts, processes,

and articles manufactured for use in aircraft, aircraft engines,

propellers, and appliances that could result in a catastrophic

failure of an aircraft; and

(2) to establish centers of excellence for continuing the

research.

(b) SOLICITATION, APPLICATION, REVIEW, AND EVALUATION

PROCESS.—The Administrator shall establish a solicitation, application, review, and evaluation process that ensures providing grants

under this section for proposals having adequate merit and relevancy to the research described in subsection (a) of this section.

§ 44513. Regional centers of air transportation excellence

(a) GENERAL AUTHORITY.—The Administrator of the Federal

Aviation Administration may make grants to institutions of higher

education to establish and operate regional centers of air transportation excellence. The locations shall be distributed in a geographically fair way.

(b) RESPONSIBILITIES.—(1) The responsibilities of each center

established under this section shall include—

(A) conducting research on—

(i) airspace and airport planning and design;

(ii) airport capacity enhancement techniques;

(iii) human performance in the air transportation

environment;

(iv) aviation safety and security;

(v) the supply of trained air transportation personnel,

including pilots and mechanics; and
H. R. 1758—439

(vi) other aviation issues related to developing and

maintaining a safe and efficient air transportation system;

and

(B) interpreting, publishing, and disseminating the results

of the research.

(2) In conducting research described in paragraph (1)(A) of

this subsection, each center may make contracts with nonprofit

research organizations and other appropriate persons.

(c) APPLICATIONS.—An institution of higher education interested

in receiving a grant under this section may submit an application

to the Administrator. The application must be in the form and

contain the information that the Administrator requires by regulation.

(d) SELECTION CRITERIA.—The Administrator shall select recipients of grants under this section on the basis of the following

criteria:

(1) the extent to which the needs of the State in which

the applicant is located are representative of the needs of

the region for improved air transportation services and facilities.

(2) the demonstrated research and extension resources

available to the applicant to carry out this section.

(3) the ability of the applicant to provide leadership in

making national and regional contributions to the solution of

both long-range and immediate air transportation problems.

(4) the extent to which the applicant has an established

air transportation program.

(5) the demonstrated ability of the applicant to disseminate

results of air transportation research and educational programs

through a statewide or regionwide continuing education program.

(6) the projects the applicant proposes to carry out under

the grant.

(e) EXPENDITURE AGREEMENTS.—A grant may be made under

this section in a fiscal year only if the recipient makes an agreement

with the Administrator that the Administrator requires to ensure

that the recipient will maintain its total expenditures from all

other sources for establishing and operating the center and related

research activities at a level at least equal to the average level

of those expenditures in the 2 fiscal years of the recipient occurring

immediately before November 5, 1990.

(f) GOVERNMENT’S SHARE OF COSTS.—The United States

Government’s share of a grant under this section is 50 percent

of the costs of establishing and operating the center and related

research activities that the grant recipient carries out.

(g) ALLOCATING AMOUNTS.—The Administrator shall allocate

amounts made available to carry out this section in a geographically

fair way.

§ 44514. Flight service stations

(a) HOURS OF OPERATION.—(1) The Secretary of Transportation

may close, or reduce the hours of operation of, a flight service

station in an area only if the service provided in the area after

the closing or during the hours the station is not in operation

is provided by an automated flight service station with at least

model 1 equipment.
H. R. 1758—440

(2) The Secretary shall reopen a flight service station closed

after March 24, 1987, but before July 15, 1987, as soon as practicable if the service in the area in which the station is located

has not been provided since the closing by an automatic flight

service station with at least model 1 equipment. The hours of

operation for the reopened station shall be the same as were the

hours of operation for the station on March 25, 1987. After reopening the station, the Secretary may close, or reduce the hours of

operation of, the station only as provided in paragraph (1) of this

subsection.

(b) MANNED AUXILIARY STATIONS.—The Secretary and the

Administrator of the Federal Aviation Administration shall establish a system of manned auxiliary flight service stations. The

manned auxiliary flight service stations shall supplement the services of the planned consolidation to 61 automated flight service

stations under the flight service station modernization program.

A manned auxiliary flight service station shall be located in an

area of unique weather or operational conditions that are critical

to the safety of flight.

§ 44515. Advanced training facilities for maintenance technicians for air carrier aircraft

(a) GENERAL AUTHORITY.—The Administrator of the Federal

Aviation Administration may make grants to not more than 4

vocational technical educational institutions to acquire or construct

facilities to be used for the advanced training of maintenance technicians for air carrier aircraft.

(b) ELIGIBILITY.—The Administrator may make a grant under

this section to a vocational technical educational institution only

if the institution has a training curriculum that prepares aircraft

maintenance technicians who hold airframe and power plant certificates under subpart D of part 65 of title 14, Code of Federal

Regulations, to maintain, without direct supervision, air carrier

aircraft.

(c) LIMITATION.—A vocational technical educational institution

may not receive more than a total of $5,000,000 in grants under

this section.

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.
H. R. 1758—441

44722. Aircraft operations in winter conditions. 44723. Annual report.

§ 44701. General requirements

(a) PROMOTING SAFETY.—The Administrator of the Federal

Aviation Administration shall promote safe flight of civil aircraft

in air commerce by prescribing— (1) minimum standards required in the interest of safety for appliances and for the design, material, construction, quality

of work, and performance of aircraft, aircraft engines, and

propellers; (2) regulations and minimum standards in the interest of safety for— (A) inspecting, servicing, and overhauling aircraft, air- craft engines, propellers, and appliances; (B) equipment and facilities for, and the timing and manner of, the inspecting, servicing, and overhauling; and (C) a qualified private person, instead of an officer

or employee of the Administration, to examine and report

on the inspecting, servicing, and overhauling;

(3) regulations required in the interest of safety for the reserve supply of aircraft, aircraft engines, propellers, appliances, and aircraft fuel and oil, including the reserve supply

of fuel and oil carried in flight; (4) regulations in the interest of safety for the maximum hours or periods of service of airmen and other employees

of air carriers; and

(5) regulations and minimum standards for other practices, methods, and procedure the Administrator finds necessary for

safety in air commerce and national security.

(b) PRESCRIBING MINIMUM SAFETY STANDARDS.—The Administrator may prescribe minimum safety standards for— (1) an air carrier to whom a certificate is issued under

section 44705 of this title; and

(2) operating an airport serving any passenger operation of air carrier aircraft designed for at least 31 passenger seats.

(c) REDUCING AND ELIMINATING ACCIDENTS.—The Administrator shall carry out this chapter in a way that best tends to

reduce or eliminate the possibility or recurrence of accidents in

air transportation. However, the Administrator is not required to

give preference either to air transportation or to other air commerce

in carrying out this chapter. (d) CONSIDERATIONS AND CLASSIFICATION OF REGULATIONS AND

STANDARDS.—When prescribing a regulation or standard under sub- section (a) or (b) of this section or section 44702–44716 of this

title, the Administrator shall—

(1) consider—

(A) the duty of an air carrier to provide service with

the highest possible degree of safety in the public interest;

and

(B) differences between air transportation and other

air commerce; and

(2) classify a regulation or standard appropriate to the

differences between air transportation and other air commerce.

(e) EXEMPTIONS.—The Administrator may grant an exemption

from a requirement of a regulation prescribed under subsection

(a) or (b) of this section or section 44702–44716 of this title if

the Administrator finds the exemption is in the public interest.
H. R. 1758—442

§ 44702. Issuance of certificates

(a) GENERAL AUTHORITY AND APPLICATIONS.—The Administrator of the Federal Aviation Administration may issue airman

certificates, type certificates, production certificates, airworthiness

certificates, air carrier operating certificates, airport operating certificates, air agency certificates, and air navigation facility certificates under this chapter. An application for a certificate must— (1) be under oath when the Administrator requires; and

(2) be in the form, contain information, and be filed and

served in the way the Administrator prescribes.

(b) CONSIDERATIONS.—When issuing a certificate under this chapter, the Administrator shall— (1) consider—

(A) the duty of an air carrier to provide service with the highest possible degree of safety in the public interest;

and

(B) differences between air transportation and other

air commerce; and

(2) classify a certificate according to the differences between air transportation and other air commerce.

(c) PRIOR CERTIFICATION.—The Administrator may authorize an aircraft, aircraft engine, propeller, or appliance for which a

certificate has been issued authorizing the use of the aircraft,

aircraft engine, propeller, or appliance in air transportation to

be used in air commerce without another certificate being issued. (d) DELEGATION.—(1) Subject to regulations, supervision, and review the Administrator may prescribe, the Administrator may

delegate to a qualified private person, or to an employee under

the supervision of that person, a matter related to— (A) the examination, testing, and inspection necessary to issue a certificate under this chapter; and (B) issuing the certificate. (2) The Administrator may rescind a delegation under this

subsection at any time for any reason the Administrator considers

appropriate.

(3) A person affected by an action of a private person under

this subsection may apply for reconsideration of the action by the

Administrator. On the Administrator’s own initiative, the Administrator may reconsider the action of a private person at any time.

If the Administrator decides on reconsideration that the action

is unreasonable or unwarranted, the Administrator shall change,

modify, or reverse the action. If the Administrator decides the

action is warranted, the Administrator shall affirm the action.

§ 44703. Airman certificates

(a) GENERAL.—The Administrator of the Federal Aviation

Administration shall issue an airman certificate to an individual

when the Administrator finds, after investigation, that the individual is qualified for, and physically able to perform the duties related

to, the position to be authorized by the certificate.

(b) CONTENTS.—(1) An airman certificate shall—

(A) be numbered and recorded by the Administrator of

the Federal Aviation Administration;

(B) contain the name, address, and description of the

individual to whom the certificate is issued;

(C) contain terms the Administrator decides are necessary

to ensure safety in air commerce, including terms on the dura-
H. R. 1758—443

tion of the certificate, periodic or special examinations, and

tests of physical fitness;

(D) specify the capacity in which the holder of the certificate

may serve as an airman with respect to an aircraft; and

(E) designate the class the certificate covers.

(2) A certificate issued to a pilot serving in scheduled air

transportation shall have the designation ‘‘airline transport pilot’’

of the appropriate class.

(c) APPEALS.—(1) An individual whose application for the issuance or renewal of an airman certificate has been denied may

appeal the denial to the National Transportation Safety Board,

except if the individual holds a certificate that—

(A) is suspended at the time of denial; or

(B) was revoked within one year from the date of the

denial.

(2) The Board shall conduct a hearing on the appeal at a

place convenient to the place of residence or employment of the

applicant. The Board is not bound by findings of fact of the Administrator of the Federal Aviation Administration but is bound by

all validly adopted interpretations of laws and regulations the

Administrator carries out unless the Board finds an interpretation

is arbitrary, capricious, or otherwise not according to law. At the

end of the hearing, the Board shall decide whether the individual

meets the applicable regulations and standards. The Administrator

is bound by that decision.

(d) RESTRICTIONS AND PROHIBITIONS.—The Administrator of the

Federal Aviation Administration may—

(1) restrict or prohibit issuing an airman certificate to

an alien; or

(2) make issuing the certificate to an alien dependent on

a reciprocal agreement with the government of a foreign

country.

(e) CONTROLLED SUBSTANCE VIOLATIONS.—The Administrator

of the Federal Aviation Administration may not issue an airman

certificate to an individual whose certificate is revoked under section

44710 of this title except—

(1) when the Administrator decides that issuing the certificate will facilitate law enforcement efforts; and

(2) as provided in section 44710(e)(2) of this title.

(f) MODIFICATIONS IN SYSTEM.—(1) The Administrator of the

Federal Aviation Administration shall make modifications in the

system for issuing airman certificates necessary to make the system

more effective in serving the needs of pilots and officials responsible

for enforcing laws related to the regulation of controlled substances

(as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)). The modifications

shall ensure positive and verifiable identification of each individual

applying for or holding a certificate and shall address at least

each of the following deficiencies in, and abuses of, the existing

system:

(A) the use of fictitious names and addresses by applicants

for those certificates.

(B) the use of stolen or fraudulent identification in applying

for those certificates.

(C) the use by an applicant of a post office box or ‘‘mail

drop’’ as a return address to evade identification of the

applicant’s address.
H. R. 1758—444

(D) the use of counterfeit and stolen airman certificates

by pilots.

(E) the absence of information about physical characteristics of holders of those certificates.

(2) The Administrator of the Federal Aviation Administration

shall prescribe regulations to carry out paragraph (1) of this subsection and provide a written explanation of how the regulations

address each of the deficiencies and abuses described in paragraph

(1). In prescribing the regulations, the Administrator of the Federal

Aviation Administration shall consult with the Administrator of

Drug Enforcement, the Commissioner of Customs, other law enforcement officials of the United States Government, representatives

of State and local law enforcement officials, representatives of the

general aviation aircraft industry, representatives of users of general aviation aircraft, and other interested persons.

§ 44704. Type certificates, production certificates, and airworthiness certificates

(a) TYPE CERTIFICATES.—(1) The Administrator of the Federal

Aviation Administration shall issue a type certificate for an aircraft,

aircraft engine, or propeller, or for an appliance specified under

paragraph (2)(A) of this subsection when the Administrator finds

that the aircraft, aircraft engine, propeller, or appliance is properly

designed and manufactured, performs properly, and meets the regulations and minimum standards prescribed under section 44701(a)

of this title. On receiving an application for a type certificate,

the Administrator shall investigate the application and may conduct

a hearing. The Administrator shall make, or require the applicant

to make, tests the Administrator considers necessary in the interest

of safety.

(2) The Administrator may—

(A) specify in regulations those appliances that reasonably

require a type certificate in the interest of safety;

(B) include in a type certificate terms required in the

interest of safety; and

(C) record on the certificate a numerical specification of

the essential factors related to the performance of the aircraft,

aircraft engine, or propeller for which the certificate is issued.

(b) PRODUCTION CERTIFICATES.—The Administrator shall issue

a production certificate authorizing the production of a duplicate

of an aircraft, aircraft engine, propeller, or appliance for which

a type certificate has been issued when the Administrator finds

the duplicate will conform to the certificate. On receiving an application, the Administrator shall inspect, and may require testing of,

a duplicate to ensure that it conforms to the requirements of the

certificate. The Administrator may include in a production certificate terms required in the interest of safety.

(c) AIRWORTHINESS CERTIFICATES.—(1) The registered owner

of an aircraft may apply to the Administrator for an airworthiness

certificate for the aircraft. The Administrator shall issue an airworthiness certificate when the Administrator finds that the aircraft

conforms to its type certificate and, after inspection, is in condition

for safe operation. The Administrator shall register each airworthiness certificate and may include appropriate information in the

certificate. The certificate number or other individual designation

the Administrator requires shall be displayed on the aircraft. The
H. R. 1758—445

Administrator may include in an airworthiness certificate terms

required in the interest of safety.

(2) A person applying for the issuance or renewal of an airworthiness certificate for an aircraft for which ownership has not

been recorded under section 44107 or 44110 of this title must

submit with the application information related to the ownership

of the aircraft the Administrator decides is necessary to identify

each person having a property interest in the aircraft and the

kind and extent of the interest.

§ 44705. Air carrier operating certificates

The Administrator of the Federal Aviation Administration shall

issue an air carrier operating certificate to a person desiring to

operate as an air carrier when the Administrator finds, after investigation, that the person properly and adequately is equipped and

able to operate safely under this part and regulations and standards

prescribed under this part. An air carrier operating certificate

shall—

(1) contain terms necessary to ensure safety in air transportation; and

(2) specify the places to and from which, and the airways

of the United States over which, a person may operate as

an air carrier.

§ 44706. Airport operating certificates

(a) GENERAL.—The Administrator of the Federal Aviation

Administration shall issue an airport operating certificate to a

person desiring to operate an airport—

(1) that serves an air carrier operating aircraft designed

for at least 31 passenger seats;

(2) that the Administrator requires to have a certificate;

and

(3) when the Administrator finds, after investigation, that

the person properly and adequately is equipped and able to

operate safely under this part and regulations and standards

prescribed under this part.

(b) TERMS.—An airport operating certificate issued under this

section shall contain terms necessary to ensure safety in air

transportation. Unless the Administrator decides that it is not

in the public interest, the terms shall include conditions related

to—

(1) operating and maintaining adequate safety equipment,

including firefighting and rescue equipment capable of rapid

access to any part of the airport used for landing, takeoff,

or surface maneuvering of an aircraft; and

(2) friction treatment for primary and secondary runways

that the Secretary of Transportation decides is necessary.

(c) EXEMPTIONS.—The Administrator may exempt from the

requirements of this section, related to firefighting and rescue equipment, an operator of an airport described in subsection (a) of this

section having less than .25 percent of the total number of passenger

boardings each year at all airports described in subsection (a)

when the Administrator decides that the requirements are or would

be unreasonably costly, burdensome, or impractical.
H. R. 1758—446

§ 44707. Examining and rating air agencies

The Administrator of the Federal Aviation Administration may examine and rate the following air agencies: (1) civilian schools giving instruction in flying or repairing, altering, and maintaining aircraft, aircraft engines, propellers,

and appliances, on the adequacy of instruction, the suitability

and airworthiness of equipment, and the competency of instructors.

(2) repair stations and shops that repair, alter, and maintain aircraft, aircraft engines, propellers, and appliances, on

the adequacy and suitability of the equipment, facilities, and

materials for, and methods of, repair and overhaul, and the

competency of the individuals doing the work or giving instruction in the work.

(3) other air agencies the Administrator decides are nec- essary in the public interest.

§ 44708. Inspecting and rating air navigation facilities

The Administrator of the Federal Aviation Administration may inspect, classify, and rate an air navigation facility available for

the use of civil aircraft on the suitability of the facility for that

use.

§ 44709. Amendments, modifications, suspensions, and revocations of certificates

(a) REINSPECTION AND REEXAMINATION.—The Administrator of

the Federal Aviation Administration may reinspect at any time

a civil aircraft, aircraft engine, propeller, appliance, air navigation

facility, or air agency, or reexamine an airman holding a certificate

issued under section 44703 of this title.

(b) ACTIONS OF THE ADMINISTRATOR.—The Administrator may

issue an order amending, modifying, suspending, or revoking— (1) any part of a certificate issued under this chapter

if—

(A) the Administrator decides after conducting a

reinspection, reexamination, or other investigation that

safety in air commerce or air transportation and the public

interest require that action; or

(B) the holder of the certificate has violated an aircraft

noise or sonic boom standard or regulation prescribed under

section 44715(a) of this title; and

(2) an airman certificate when the holder of the certificate

is convicted of violating section 13(a) of the Fish and Wildlife

Act of 1956 (16 U.S.C. 742j–1(a)).

(c) ADVICE TO CERTIFICATE HOLDERS AND OPPORTUNITY TO

ANSWER.—Before acting under subsection (b) of this section, the

Administrator shall advise the holder of the certificate of the

charges or other reasons on which the Administrator relies for

the proposed action. Except in an emergency, the Administrator

shall provide the holder an opportunity to answer the charges

and be heard why the certificate should not be amended, modified,

suspended, or revoked.

(d) APPEALS.—(1) A person adversely affected by an order of

the Administrator under this section may appeal the order to the

National Transportation Safety Board. After notice and an opportunity for a hearing, the Board may amend, modify, or reverse

the order when the Board finds—
H. R. 1758—447

(A) if the order was issued under subsection (b)(1)(A) of

this section, that safety in air commerce or air transportation

and the public interest do not require affirmation of the order;

or

(B) if the order was issued under subsection (b)(1)(B) of

this section—

(i) that control or abatement of aircraft noise or sonic

boom and the public health and welfare do not require

affirmation of the order; or

(ii) the order, as it is related to a violation of aircraft

noise or sonic boom standards and regulations, is not

consistent with safety in air commerce or air transportation.

(2) The Board may modify a suspension or revocation of a

certificate to imposition of a civil penalty.

(3) When conducting a hearing under this subsection, the Board

is not bound by findings of fact of the Administrator but is bound

by all validly adopted interpretations of laws and regulations the

Administrator carries out and of written agency policy guidance

available to the public related to sanctions to be imposed under

this section unless the Board finds an interpretation is arbitrary,

capricious, or otherwise not according to law.

(e) EFFECTIVENESS OF ORDERS PENDING APPEAL.—When a person files an appeal with the Board under subsection (d) of the

section, the order of the Administrator is stayed. However, if the

Administrator advises the Board that an emergency exists and

safety in air commerce or air transportation requires the order

to be effective immediately—

(1) the order is effective; and

(2) the Board shall make a final disposition of the appeal

not later than 60 days after the Administrator so advises the

Board.

(f) JUDICIAL REVIEW.—A person substantially affected by an

order of the Board under this section, or the Administrator when

the Administrator decides that an order of the Board under this

section will have a significant adverse impact on carrying out this

part, may obtain judicial review of the order under section 46110

of this title. The Administrator shall be made a party to the judicial

review proceedings. Findings of fact of the Board are conclusive

if supported by substantial evidence.

§ 44710. Revocations of airman certificates for controlled

substance violations

(a) DEFINITION.—In this section, ‘‘controlled substance’’ has the

same meaning given that term in section 102 of the Comprehensive

Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).

(b) REVOCATION.—(1) The Administrator of the Federal Aviation

Administration shall issue an order revoking an airman certificate

issued an individual under section 44703 of this title after the

individual is convicted, under a law of the United States or a

State related to a controlled substance (except a law related to

simple possession of a controlled substance), of an offense punishable by death or imprisonment for more than one year if the

Administrator finds that—

(A) an aircraft was used to commit, or facilitate the commission of, the offense; and
H. R. 1758—448

(B) the individual served as an airman, or was on the

aircraft, in connection with committing, or facilitating the

commission of, the offense.

(2) The Administrator shall issue an order revoking an airman

certificate issued an individual under section 44703 of this title

if the Administrator finds that—

(A) the individual knowingly carried out an activity punishable, under a law of the United States or a State related

to a controlled substance (except a law related to simple possession of a controlled substance), by death or imprisonment for

more than one year;

(B) an aircraft was used to carry out or facilitate the

activity; and

(C) the individual served as an airman, or was on the

aircraft, in connection with carrying out, or facilitating the

carrying out of, the activity.

(3) The Administrator has no authority under paragraph (1)

of this subsection to review whether an airman violated a law

of the United States or a State related to a controlled substance.

(c) ADVICE TO HOLDERS AND OPPORTUNITY TO ANSWER.—Before

the Administrator revokes a certificate under subsection (b) of this

section, the Administrator must—

(1) advise the holder of the certificate of the charges or

reasons on which the Administrator relies for the proposed

revocation; and

(2) provide the holder of the certificate an opportunity

to answer the charges and be heard why the certificate should

not be revoked.

(d) APPEALS.—(1) An individual whose certificate is revoked

by the Administrator under subsection (b) of this section may appeal

the revocation order to the National Transportation Safety Board.

The Board shall affirm or reverse the order after providing notice

and an opportunity for a hearing on the record. When conducting

the hearing, the Board is not bound by findings of fact of the

Administrator but shall be bound by all validly adopted interpretations of laws and regulations the Administrator carries out and

of written agency policy guidance available to the public related

to sanctions to be imposed under this section unless the Board

finds an interpretation is arbitrary, capricious, or otherwise not

according to law. (2) When an individual files an appeal with the Board under

this subsection, the order of the Administrator revoking the certificate is stayed. However, if the Administrator advises the Board

that safety in air transportation or air commerce requires the

immediate effectiveness of the order—

(A) the order remains effective; and

(B) the Board shall make a final disposition of the appeal

not later than 60 days after the Administrator so advises the

Board.

(3) An individual substantially affected by an order of the

Board under this subsection, or the Administrator when the

Administrator decides that an order of the Board will have a significant adverse effect on carrying out this part, may obtain judicial

review of the order under section 46110 of this title. The Administrator shall be made a party to the judicial review proceedings.

Findings of fact of the Board are conclusive if supported by substantial evidence.
H. R. 1758—449

(e) ACQUITTAL.—(1) The Administrator may not revoke, and

the Board may not affirm a revocation of, an airman certificate

under subsection (b)(2) of this section on the basis of an activity

described in subsection (b)(2)(A) if the holder of the certificate

is acquitted of all charges related to a controlled substance in

an indictment or information arising from the activity.

(2) If the Administrator has revoked an airman certificate under

this section because of an activity described in subsection (b)(2)(A)

of this section, the Administrator shall reissue a certificate to the

individual if—

(A) the individual otherwise satisfies the requirements for

a certificate under section 44703 of this title; and

(B)(i) the individual subsequently is acquitted of all charges

related to a controlled substance in an indictment or information arising from the activity; or

(ii) the conviction on which a revocation under subsection

(b)(1) of this section is based is reversed.

(f) WAIVERS.—The Administrator may waive the requirement

of subsection (b) of this section that an airman certificate of an

individual be revoked if—

(1) a law enforcement official of the United States Government or of a State requests a waiver; and

(2) the Administrator decides that the waiver will facilitate

law enforcement efforts.

§ 44711. Prohibitions and exemption

(a) PROHIBITIONS.—A person may not—

(1) operate a civil aircraft in air commerce without an

airworthiness certificate in effect or in violation of a term

of the certificate;

(2) serve in any capacity as an airman with respect to

a civil aircraft, aircraft engine, propeller, or appliance used,

or intended for use, in air commerce—

(A) without an airman certificate authorizing the airman to serve in the capacity for which the certificate was

issued; or

(B) in violation of a term of the certificate or a regulation prescribed or order issued under section 44701(a) or

(b) or 44702–44716 of this title;

(3) employ for service related to civil aircraft used in air

commerce an airman who does not have an airman certificate

authorizing the airman to serve in the capacity for which the

airman is employed;

(4) operate as an air carrier without an air carrier operating

certificate or in violation of a term of the certificate;

(5) operate aircraft in air commerce in violation of a regulation prescribed or certificate issued under section 44701(a) or

(b) or 44702–44716 of this title;

(6) operate a seaplane or other aircraft of United States

registry on the high seas in violation of a regulation under

section 3 of the International Navigational Rules Act of 1977

(33 U.S.C. 1602);

(7) violate a term of an air agency or production certificate

or a regulation prescribed or order issued under section

44701(a) or (b) or 44702–44716 of this title related to the

holder of the certificate;
H. R. 1758—450

(8) operate an airport without an airport operating certificate required under section 44706 of this title or in violation

of a term of the certificate; or

(9) manufacture, deliver, sell, or offer for sale any aviation

fuel or additive in violation of a regulation prescribed under

section 44714 of this title.

(b) EXEMPTION.—On terms the Administrator of the Federal

Aviation Administration prescribes as being in the public interest,

the Administrator may exempt a foreign aircraft and airmen serving

on the aircraft from subsection (a) of this section. However, an

exemption from observing air traffic regulations may not be granted.

§ 44712. Emergency locator transmitters

(a) INSTALLATION.—An emergency locator transmitter must be

installed on a fixed-wing powered civil aircraft for use in air commerce.

(b) NONAPPLICATION.—Subsection (a) of this section does not

apply to—

(1) turbojet-powered aircraft;

(2) aircraft when used in scheduled flights by scheduled

air carriers holding certificates issued by the Secretary of

Transportation under subpart II of this part;

(3) aircraft when used in training operations conducted

entirely within a 50 mile radius of the airport from which

the training operations begin;

(4) aircraft when used in flight operations related to design

and testing, the manufacture, preparation, and delivery of the

aircraft, or the aerial application of a substance for an agricultural purpose;

(5) aircraft holding certificates from the Administrator of

the Federal Aviation Administration for research and development;

(6) aircraft when used for showing compliance with regulations, crew training, exhibition, air racing, or market surveys;

and

(7) aircraft equipped to carry only one individual.

(c) REMOVAL.—The Administrator shall prescribe regulations

specifying the conditions under which an aircraft subject to subsection (a) of this section may operate when its emergency locator

transmitter has been removed for inspection, repair, alteration,

or replacement.

§ 44713. Inspection and maintenance

(a) GENERAL EQUIPMENT REQUIREMENTS.—An air carrier shall

make, or cause to be made, any inspection, repair, or maintenance

of equipment used in air transportation as required by this part

or regulations prescribed or orders issued by the Administrator

of the Federal Aviation Administration under this part. A person

operating, inspecting, repairing, or maintaining the equipment shall

comply with those requirements, regulations, and orders.

(b) DUTIES OF INSPECTORS.—The Administrator of the Federal

Aviation Administration shall employ inspectors who shall— (1) inspect aircraft, aircraft engines, propellers, and appliances designed for use in air transportation, during manufacture and when in use by an air carrier in air transportation,

to enable the Administrator to decide whether the aircraft,
H. R. 1758—451

aircraft engines, propellers, or appliances are in safe condition

and maintained properly; and

(2) advise and cooperate with the air carrier during that

inspection and maintenance.

(c) UNSAFE AIRCRAFT, ENGINES, PROPELLERS, AND APPLIANCES.—When an inspector decides that an aircraft, aircraft engine,

propeller, or appliance is not in condition for safe operation, the

inspector shall notify the air carrier in the form and way prescribed

by the Administrator of the Federal Aviation Administration. For

5 days after the carrier is notified, the aircraft, engine, propeller,

or appliance may not be used in air transportation or in a way

that endangers air transportation unless the Administrator or the

inspector decides the aircraft, engine, propeller, or appliance is

in condition for safe operation.

(d) MODIFICATIONS IN SYSTEM.—(1) The Administrator of the

Federal Aviation Administration shall make modifications in the

system for processing forms for major repairs or alterations to

fuel tanks and fuel systems of aircraft not used to provide air

transportation that are necessary to make the system more effective

in serving the needs of users of the system, including officials

responsible for enforcing laws related to the regulation of controlled

substances (as defined in section 102 of the Comprehensive Drug

Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)). The

modifications shall address at least each of the following deficiencies

in, and abuses of, the existing system:

(A) the lack of a special identification feature to allow

the forms to be distinguished easily from other major repair

and alteration forms.

(B) the excessive period of time required to receive the

forms at the Airmen and Aircraft Registry of the Administration.

(C) the backlog of forms waiting for processing at the

Registry.

(D) the lack of ready access by law enforcement officials

to information contained on the forms.

(2) The Administrator of the Federal Aviation Administration

shall prescribe regulations to carry out paragraph (1) of this subsection and provide a written explanation of how the regulations

address each of the deficiencies and abuses described in paragraph

(1). In prescribing the regulations, the Administrator of the Federal

Aviation Administration shall consult with the Administrator of

Drug Enforcement, the Commissioner of Customs, other law enforcement officials of the United States Government, representatives

of State and local law enforcement officials, representatives of the

general aviation aircraft industry, representatives of users of general aviation aircraft, and other interested persons.

§ 44714. Aviation fuel standards

The Administrator of the Federal Aviation Administration shall

prescribe—

(1) standards for the composition or chemical or physical

properties of an aircraft fuel or fuel additive to control or

eliminate aircraft emissions the Administrator of the Environmental Protection Agency decides under section 231 of the

Clean Air Act (42 U.S.C. 7571) endanger the public health

or welfare; and
H. R. 1758—452

(2) regulations providing for carrying out and enforcing

those standards.

§ 44715. Controlling aircraft noise and sonic boom

(a) STANDARDS AND REGULATIONS.—(1) To relieve and protect

the public health and welfare from aircraft noise and sonic boom,

the Administrator of the Federal Aviation Administration shall

prescribe—

(A) standards to measure aircraft noise and sonic boom;

and

(B) regulations to control and abate aircraft noise and

sonic boom.

(2) The Administrator of the Federal Aviation Administration

may prescribe standards and regulations under this subsection

only after consulting with the Administrator of the Environmental

Protection Agency. The standards and regulations shall be applied

when issuing, amending, modifying, suspending, or revoking a certificate authorized under this chapter.

(3) An original type certificate may be issued under section

44704(a) of this title for an aircraft for which substantial noise

abatement can be achieved only after the Administrator of the

Federal Aviation Administration prescribes standards and regulations under this section that apply to that aircraft.

(b) CONSIDERATIONS AND CONSULTATION.—When prescribing a

standard or regulation under this section, the Administrator of

the Federal Aviation Administration shall—

(1) consider relevant information related to aircraft noise

and sonic boom;

(2) consult with appropriate departments, agencies, and

instrumentalities of the United States Government and State

and interstate authorities;

(3) consider whether the standard or regulation is consistent with the highest degree of safety in air transportation

or air commerce in the public interest;

(4) consider whether the standard or regulation is economically reasonable, technologically practicable, and appropriate

for the applicable aircraft, aircraft engine, appliance, or certificate; and

(5) consider the extent to which the standard or regulation

will carry out the purposes of this section.

(c) PROPOSED REGULATIONS OF ADMINISTRATOR OF ENVIRONMENTAL PROTECTION AGENCY.—The Administrator of the Environmental Protection Agency shall submit to the Administrator of

the Federal Aviation Administration proposed regulations to control

and abate aircraft noise and sonic boom (including control and

abatement through the use of the authority of the Administrator

of the Federal Aviation Administration) that the Administrator

of the Environmental Protection Agency considers necessary to protect the public health and welfare. The Administrator of the Federal

Aviation Administration shall consider those proposed regulations

and shall publish them in a notice of proposed regulations not

later than 30 days after they are received. Not later than 60

days after publication, the Administrator of the Federal Aviation

Administration shall begin a hearing at which interested persons

are given an opportunity for oral and written presentations. Not

later than 90 days after the hearing is completed and after consult-
H. R. 1758—453

ing with the Administrator of the Environmental Protection Agency,

the Administrator of the Federal Aviation Administration shall—

(1) prescribe regulations as provided by this section—

(A) substantially the same as the proposed regulations

submitted by the Administrator of the Environmental

Protection Agency; or

(B) that amend the proposed regulations; or

(2) publish in the Federal Register—

(A) a notice that no regulation is being prescribed

in response to the proposed regulations of the Administrator of the Environmental Protection Agency;

(B) a detailed analysis of, and response to, all information the Administrator of the Environmental Protection

Agency submitted with the proposed regulations; and

(C) a detailed explanation of why no regulation is

being prescribed.

(d) CONSULTATION AND REPORTS.—(1) If the Administrator of

the Environmental Protection Agency believes that the action of

the Administrator of the Federal Aviation Administration under

subsection (c)(1)(B) or (2) of this section does not protect the public

health and welfare from aircraft noise or sonic boom, consistent

with the considerations in subsection (b) of this section, the

Administrator of the Environmental Protection Agency shall consult

with the Administrator of the Federal Aviation Administration and

may request a report on the advisability of prescribing the regulation as originally proposed. The request, including a detailed statement of the information on which the request is based, shall be

published in the Federal Register. (2) The Administrator of the Federal Aviation Administration

shall report to the Administrator of the Environmental Protection

Agency within the time, if any, specified in the request. However,

the time specified must be at least 90 days after the date of

the request. The report shall—

(A) be accompanied by a detailed statement of the findings

of the Administrator of the Federal Aviation Administration

and the reasons for the findings; (B) identify any statement related to an action under sub- section (c) of this section filed under section 102(2)(C) of the

National Environmental Policy Act of 1969 (42 U.S.C.

4332(2)(C));

(C) specify whether and where that statement is available

for public inspection; and

(D) be published in the Federal Register unless the request

proposes specific action by the Administrator of the Federal

Aviation Administration and the report indicates that action

will be taken.

(e) SUPPLEMENTAL REPORTS.—The Administrator of the

Environmental Protection Agency may request the Administrator

of the Federal Aviation Administration to file a supplemental report

if the report under subsection (d) of this section indicates that

the proposed regulations under subsection (c) of this section, for

which a statement under section 102(2)(C) of the Act (42 U.S.C.

4332(2)(C)) is not required, should not be prescribed. The supplemental report shall be published in the Federal Register within

the time the Administrator of the Environmental Protection Agency

specifies. However, the time specified must be at least 90 days

after the date of the request. The supplemental report shall contain
H. R. 1758—454

a comparison of the environmental effects, including those that

cannot be avoided, of the action of the Administrator of the Federal

Aviation Administration and the proposed regulations of the

Administrator of the Environmental Protection Agency.

(f) EXEMPTIONS.—An exemption from a standard or regulation

prescribed under this section may be granted only if, before granting

the exemption, the Administrator of the Federal Aviation Administration consults with the Administrator of the Environmental

Protection Agency. However, if the Administrator of the Federal

Aviation Administration finds that safety in air transportation or

air commerce requires an exemption before the Administrator of

the Environmental Protection Agency can be consulted, the exemption may be granted. The Administrator of the Federal Aviation

Administration shall consult with the Administrator of the Environmental Protection Agency as soon as practicable after the exemption

is granted.

§ 44716. Collision avoidance systems

(a) DEVELOPMENT AND CERTIFICATION.—The Administrator of

the Federal Aviation Administration shall—

(1) complete the development of the collision avoidance

system known as TCAS–II so that TCAS–II can operate under

visual and instrument flight rules and can be upgraded to

the performance standards applicable to the collision avoidance

system known as TCAS–III;

(2) develop and carry out a schedule for developing and

certifying TCAS–II that will result in certification not later

than June 30, 1989; and

(3) submit to Congress monthly reports on the progress

being made in developing and certifying TCAS–II.

(b) INSTALLATION AND OPERATION.—The Administrator shall

require by regulation that, not later than 30 months after the

date certification is made under subsection (a)(2) of this section,

TCAS–II be installed and operated on each civil aircraft that has

a maximum passenger capacity of at least 31 seats and is used

to provide air transportation of passengers, including intrastate

air transportation of passengers. The Administrator may extend

the deadline in this subsection for not more than 2 years if the

Administrator finds the extension is necessary to promote—

(1) a safe and orderly transition to the operation of a

fleet of civil aircraft described in this subsection equipped with

TCAS–II; or

(2) other safety objectives.

(c) OPERATIONAL EVALUATION.—Not later than December 30,

1990, the Administrator shall establish a one-year program to collect

and assess safety and operational information from civil aircraft

equipped with TCAS–II for the operational evaluation of TCAS–

II. The Administrator shall encourage foreign air carriers that

operate civil aircraft equipped with TCAS–II to participate in the

program.

(d) AMENDING SCHEDULE FOR WINDSHEAR EQUIPMENT.—The

Administrator shall consider the feasibility and desirability of

amending the schedule for installing airborne low-altitude

windshear equipment to make the schedule compatible with the

schedule for installing TCAS–II.
H. R. 1758—455

(e) DEADLINE FOR DEVELOPMENT AND CERTIFICATION.—(1) The

Administrator shall complete developing and certifying TCAS–III

as soon as possible.

(2) Necessary amounts may be appropriated from the Airport

and Airway Trust Fund established under section 9502 of the

Internal Revenue Code of 1986 (26 U.S.C. 9502) to carry out this

subsection.

(f) INSTALLING AND USING TRANSPONDERS.—The Administrator

shall prescribe regulations requiring that, not later than December

30, 1990, operating transponders with automatic altitude reporting

capability be installed and used for aircraft operating in designated

terminal airspace where radar service is provided for separation

of aircraft. The Administrator may provide for access to that airspace (except terminal control areas and airport radar service areas)

by nonequipped aircraft if the Administrator finds the access will

not interfere with the normal traffic flow.

§ 44717. Aging aircraft

(a) INSPECTIONS AND REVIEWS.—The Administrator of the Federal Aviation Administration shall prescribe regulations that ensure

the continuing airworthiness of aging aircraft. The regulations prescribed under subsection (a) of this section—

(1) at least shall require the Administrator to make inspections, and review the maintenance and other records, of each

aircraft an air carrier uses to provide air transportation that

the Administrator decides may be necessary to enable the

Administrator to decide whether the aircraft is in safe condition

and maintained properly for operation in air transportation;

(2) at least shall require an air carrier to demonstrate

to the Administrator, as part of the inspection, that maintenance of the aircraft’s age-sensitive parts and components has

been adequate and timely enough to ensure the highest degree

of safety;

(3) shall require the air carrier to make available to the

Administrator the aircraft and any records about the aircraft

that the Administrator requires to carry out a review; and

(4) shall establish procedures to be followed in carrying

out an inspection.

(b) WHEN AND HOW INSPECTIONS AND REVIEWS SHALL BE CARRIED OUT.—(1) Inspections and reviews required under subsection

(a)(1) of this section shall be carried out as part of each heavy

maintenance check of the aircraft conducted after the 14th year

in which the aircraft has been in service.

(2) Inspections under subsection (a)(1) of this section shall

be carried out as provided under section 44701(a)(2)(B) and (C)

of this title.

(c) AIRCRAFT MAINTENANCE SAFETY PROGRAMS.—The Administrator shall establish—

(1) a program to verify that air carriers are maintaining

their aircraft according to maintenance programs approved by

the Administrator;

(2) a program—

(A) to provide inspectors and engineers of the Administration with training necessary to conduct auditing inspections of aircraft operated by air carriers for corrosion and

metal fatigue; and
H. R. 1758—456

(B) to enhance participation of those inspectors and

engineers in those inspections; and

(3) a program to ensure that air carriers demonstrate to

the Administrator their commitment and technical competence

to ensure the airworthiness of aircraft that the carriers operate.

(d) FOREIGN AIR TRANSPORTATION.—(1) The Administrator shall

take all possible steps to encourage governments of foreign countries

and relevant international organizations to develop standards and

requirements for inspections and reviews that—

(A) will ensure the continuing airworthiness of aging aircraft used by foreign air carriers to provide foreign air transportation to and from the United States; and

(B) will provide passengers of those foreign air carriers

with the same level of safety that will be provided passengers

of air carriers by carrying out this section.

(2) Not later than September 30, 1994, the Administrator shall

report to Congress on carrying out this subsection.

§ 44718. Structures interfering with air commerce

(a) NOTICE.—By regulation or by order when necessary, the

Secretary of Transportation shall require a person to give adequate

public notice, in the form and way the Secretary prescribes, of

the construction, alteration, establishment, or expansion, or the

proposed construction, alteration, establishment, or expansion, of

a structure or sanitary landfill when the notice will promote—

(1) safety in air commerce; and

(2) the efficient use and preservation of the navigable airspace and of airport traffic capacity at public-use airports.

(b) STUDIES.—(1) Under regulations prescribed by the Secretary,

if the Secretary decides that constructing or altering a structure

may result in an obstruction of the navigable airspace or an interference with air navigation facilities and equipment or the navigable

airspace, the Secretary shall conduct an aeronautical study to decide

the extent of any adverse impact on the safe and efficient use

of the airspace, facilities, or equipment. In conducting the study,

the Secretary shall consider factors relevant to the efficient and

effective use of the navigable airspace, including—

(A) the impact on arrival, departure, and en route procedures for aircraft operating under visual flight rules;

(B) the impact on arrival, departure, and en route procedures for aircraft operating under instrument flight rules;

(C) the impact on existing public-use airports and aeronautical facilities;

(D) the impact on planned public-use airports and aeronautical facilities; and

(E) the cumulative impact resulting from the proposed

construction or alteration of a structure when combined with

the impact of other existing or proposed structures.

(2) On completing the study, the Secretary shall issue a report

disclosing completely the extent of the adverse impact on the safe

and efficient use of the navigable airspace that the Secretary finds

will result from constructing or altering the structure.

(c) BROADCAST APPLICATIONS AND TOWER STUDIES.—In carrying

out laws related to a broadcast application and conducting an

aeronautical study related to broadcast towers, the Administrator

of the Federal Aviation Administration and the Federal Communica-
H. R. 1758—457

tions Commission shall take action necessary to coordinate efficiently—

(1) the receipt and consideration of, and action on, the

application; and

(2) the completion of any associated aeronautical study.

§ 44719. Standards for navigational aids

The Secretary of Transportation shall prescribe regulations on

standards for installing navigational aids, including airport control

towers. For each type of facility, the regulations shall consider

at a minimum traffic density (number of aircraft operations without

consideration of aircraft size), terrain and other obstacles to navigation, weather characteristics, passengers served, and potential aircraft operating efficiencies.

§ 44720. Meteorological services

(a) RECOMMENDATIONS.—The Administrator of the Federal

Aviation Administration shall make recommendations to the Secretary of Commerce on providing meteorological services necessary

for the safe and efficient movement of aircraft in air commerce.

In providing the services, the Secretary shall cooperate with the

Administrator and give complete consideration to those recommendations.

(b) PROMOTING SAFETY AND EFFICIENCY.—To promote safety

and efficiency in air navigation to the highest possible degree,

the Secretary shall—

(1) observe, measure, investigate, and study atmospheric

phenomena, and maintain meteorological stations and offices,

that are necessary or best suited for finding out in advance

information about probable weather conditions;

(2) provide reports to the Administrator to persons engaged

in civil aeronautics that are designated by the Administrator

and to other persons designated by the Secretary in a way

and with a frequency that best will result in safety in, and

facilitating, air navigation; (3) cooperate with persons engaged in air commerce in

meteorological services, maintain reciprocal arrangements with

those persons in carrying out this clause, and collect and distribute weather reports available from aircraft in flight; (4) maintain and coordinate international exchanges of

meteorological information required for the safety and efficiency

of air navigation; (5) in cooperation with other departments, agencies, and

instrumentalities of the United States Government, meteorological services of foreign countries, and persons engaged in

air commerce, participate in developing an international basic

meteorological reporting network, including the establishment,

operation, and maintenance of reporting stations on the high

seas, in polar regions, and in foreign countries;

(6) coordinate meteorological requirements in the United

States to maintain standard observations, to promote efficient

use of facilities, and to avoid duplication of services unless

the duplication tends to promote the safety and efficiency of

air navigation; and

(7) promote and develop meteorological science and foster

and support research projects in meteorology through the use

of private and governmental research facilities and provide
H. R. 1758—458

for publishing the results of the projects unless publication

would not be in the public interest.

§ 44721. Aeronautical maps and charts

(a) PUBLICATION.—(1) The Administrator of the Federal Aviation Administration may arrange for the publication of aeronautical

maps and charts necessary for the safe and efficient movement

of aircraft in air navigation, using the facilities and assistance

of departments, agencies, and instrumentalities of the United States

Government as far as practicable.

(2) In carrying out paragraph (1) of this subsection, the

Administrator shall update and arrange for the publication of

clearly defined routes for navigating through a complex terminal

airspace area and to and from an airport located in such an area,

if the Administrator decides that publication of the routes would

promote safety in air navigation. The routes shall be developed

in consultation with pilots and other users of affected airports

and shall be for the optional use of pilots operating under visual

flight rules. (b) INDEMNIFICATION.—The Government shall make an agreement to indemnify any person that publishes a map or chart for

use in aeronautics from any part of a claim arising out of the

depiction by the person on the map or chart of a defective or

deficient flight procedure or airway if the flight procedure or airway

was—

(1) prescribed by the Administrator;

(2) depicted accurately on the map or chart; and

(3) not obviously defective or deficient.

§ 44722. Aircraft operations in winter conditions

The Administrator of the Federal Aviation Administration shall

prescribe regulations requiring procedures to improve safety of aircraft operations during winter conditions. In deciding on the procedures to be required, the Administrator shall consider at least

aircraft and air traffic control modifications, the availability of

different types of deicing fluids (considering their efficacy and

environmental limitations), the types of deicing equipment available, and the feasibility and desirability of establishing timeframes

within which deicing must occur under certain types of inclement

weather.

§ 44723. Annual report

Not later than January 1 of each year, the Secretary of

Transportation shall submit to Congress a comprehensive report

on the safety enforcement activities of the Federal Aviation

Administration during the fiscal year ending the prior September

30th. The report shall include—

(1) a comparison of end-of-year staffing levels by operations,

maintenance, and avionics inspector categories to staffing goals

and a statement on how staffing standards were applied to

make allocations between air carrier and general aviation operations, maintenance, and avionics inspectors;

(2) schedules showing the range of inspector experience

by various inspector work force categories, and the number

of inspectors in each of the categories who are considered

fully qualified;
H. R. 1758—459

(3) schedules showing the number and percentage of inspectors who have received mandatory training by individual course,

and the number of inspectors by work force categories, who

have received all mandatory training;

(4) a description of the criteria used to set annual work

programs, an explanation of how these criteria differ from

criteria used in the prior fiscal year and how the annual work

programs ensure compliance with appropriate regulations and

safe operating practices;

(5) a comparison of actual inspections performed during

the fiscal year to the annual work programs by field location

and, for any field location completing less than 80 percent

of its planned number of inspections, an explanation of why

annual work program plans were not met;

(6) a statement of the adequacy of Administration internal

management controls available to ensure that field managers

comply with Administration policies and procedures, including

those on inspector priorities, district office coordination, minimum inspection standards, and inspection followup;

(7) the status of efforts made by the Administration to

update inspector guidance documents and regulations to include

technological, management, and structural changes taking place

in the aviation industry, including a listing of the backlog

of all proposed regulatory amendments;

(8) a list of the specific operational measures of effectiveness used to evaluate—

(A) the progress in meeting program objectives;

(B) the quality of program delivery; and

(C) the nature of emerging safety problems; (9) a schedule showing the number of civil penalty cases

closed during the 2 prior fiscal years, including the total initial

and final penalties imposed, the total number of dollars collected, the range of dollar amounts collected, the average case

processing time, and the range of case processing time; (10) a schedule showing the number of enforcement actions taken (except civil penalties) during the 2 prior fiscal years,

including the total number of violations cited, and the number

of cited violation cases closed by certificate suspensions, certificate revocations, warnings, and no action taken; and (11) schedules showing the safety record of the aviation

industry during the fiscal year for air carriers and general

aviation, including— (A) the number of inspections performed when deficiencies were identified compared with inspections when

no deficiencies were found;

(B) the frequency of safety deficiencies for each air

carrier; and

(C) an analysis based on data of the general status

of air carrier and general aviation compliance with aviation

regulations.

CHAPTER 449—SECURITY

SUBCHAPTER I—REQUIREMENTS

Sec.

44901. Screening passengers and property. 44902. Refusal to transport passengers and property. 44903. Air transportation security.
H. R. 1758—460

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.

SUBCHAPTER I—REQUIREMENTS

§ 44901. Screening passengers and property

(a) GENERAL REQUIREMENTS.—The Administrator of the Federal

Aviation Administration shall prescribe regulations requiring

screening of all passengers and property that will be carried in

a cabin of an aircraft in air transportation or intrastate air transportation. The screening must take place before boarding and be carried

out by a weapon-detecting facility or procedure used or operated

by an employee or agent of an air carrier, intrastate air carrier,

or foreign air carrier. (b) AMENDING REGULATIONS.—Notwithstanding subsection (a)

of this section, the Administrator may amend a regulation prescribed under subsection (a) to require screening only to ensure

security against criminal violence and aircraft piracy in air

transportation and intrastate air transportation.

(c) EXEMPTIONS AND ADVISING CONGRESS ON REGULATIONS.— The Administrator—

(1) may exempt from this section air transportation operations, except scheduled passenger operations of an air carrier

providing air transportation under a certificate issued under

section 41102 of this title or a permit issued under section

41302 of this title; and

(2) shall advise Congress of a regulation to be prescribed

under this section at least 30 days before the effective date

of the regulation, unless the Administrator decides an emergency exists requiring the regulation to become effective in

fewer than 30 days and notifies Congress of that decision.

§ 44902. Refusal to transport passengers and property

(a) MANDATORY REFUSAL.—The Administrator of the Federal

Aviation Administration shall prescribe regulations requiring an

air carrier, intrastate air carrier, or foreign air carrier to refuse

to transport—

(1) a passenger who does not consent to a search under

section 44901(a) of this title establishing whether the passenger

is carrying unlawfully a dangerous weapon, explosive, or other

destructive substance; or
H. R. 1758—461

(2) property of a passenger who does not consent to a

search of the property establishing whether the property unlawfully contains a dangerous weapon, explosive, or other destructive substance.

(b) PERMISSIVE REFUSAL.—Subject to regulations of the

Administrator, an air carrier, intrastate air carrier, or foreign air

carrier may refuse to transport a passenger or property the carrier

decides is, or might be, inimical to safety.

(c) AGREEING TO CONSENT TO SEARCH.—An agreement to carry

passengers or property in air transportation or intrastate air

transportation by an air carrier, intrastate air carrier, or foreign

air carrier is deemed to include an agreement that the passenger

or property will not be carried if consent to search the passenger

or property for a purpose referred to in this section is not given.

§ 44903. Air transportation security

(a) DEFINITION.—In this section, ‘‘law enforcement personnel’’

means individuals—

(1) authorized to carry and use firearms;

(2) vested with the degree of the police power of arrest

the Administrator of the Federal Aviation Administration

considers necessary to carry out this section; and

(3) identifiable by appropriate indicia of authority.

(b) PROTECTION AGAINST VIOLENCE AND PIRACY.—The Administrator shall prescribe regulations to protect passengers and property

on an aircraft operating in air transportation or intrastate air

transportation against an act of criminal violence or aircraft piracy.

When prescribing a regulation under this subsection, the Administrator shall—

(1) consult with the Secretary of Transportation, the Attorney General, the heads of other departments, agencies, and

instrumentalities of the United States Government, and State

and local authorities;

(2) consider whether a proposed regulation is consistent

with—

(A) protecting passengers; and

(B) the public interest in promoting air transportation

and intrastate air transportation;

(3) to the maximum extent practicable, require a uniform

procedure for searching and detaining passengers and property

to ensure—

(A) their safety; and

(B) courteous and efficient treatment by an air carrier,

an agent or employee of an air carrier, and Government,

State, and local law enforcement personnel carrying out

this section; and

(4) consider the extent to which a proposed regulation

will carry out this section.

(c) SECURITY PROGRAMS.—(1) The Administrator shall prescribe

regulations under subsection (b) of this section that require each

operator of an airport regularly serving an air carrier holding

a certificate issued by the Secretary of Transportation to establish

an air transportation security program that provides a law enforcement presence and capability at each of those airports that is

adequate to ensure the safety of passengers. The regulations shall

authorize the operator to use the services of qualified State, local,

and private law enforcement personnel. When the Administrator
H. R. 1758—462

decides, after being notified by an operator in the form the Administrator prescribes, that not enough qualified State, local, and private

law enforcement personnel are available to carry out subsection

(b), the Administrator may authorize the operator to use, on a

reimbursable basis, personnel employed by the Administrator, or

by another department, agency, or instrumentality of the Government with the consent of the head of the department, agency,

or instrumentality, to supplement State, local, and private law

enforcement personnel. When deciding whether additional personnel

are needed, the Administrator shall consider the number of passengers boarded at the airport, the extent of anticipated risk of

criminal violence or aircraft piracy at the airport or to the air

carrier aircraft operations at the airport, and the availability of

qualified State or local law enforcement personnel at the airport.

(2)(A) The Administrator may approve a security program of

an airport operator, or an amendment in an existing program,

that incorporates a security program of an airport tenant (except

an air carrier separately complying with part 108 or 129 of title

14, Code of Federal Regulations) having access to a secured area

of the airport, if the program or amendment incorporates—

(i) the measures the tenant will use, within the tenant’s

leased areas or areas designated for the tenant’s exclusive

use under an agreement with the airport operator, to carry

out the security requirements imposed by the Administrator

on the airport operator under the access control system requirements of section 107.14 of title 14, Code of Federal Regulations,

or under other requirements of part 107 of title 14; and

(ii) the methods the airport operator will use to monitor

and audit the tenant’s compliance with the security requirements and provides that the tenant will be required to pay

monetary penalties to the airport operator if the tenant fails

to carry out a security requirement under a contractual provision or requirement imposed by the airport operator.

(B) If the Administrator approves a program or amendment described in subparagraph (A) of this paragraph, the airport operator may not be found to be in violation of a requirement of this

subsection or subsection (b) of this section when the airport operator

demonstrates that the tenant or an employee, permittee, or invitee

of the tenant is responsible for the violation and that the airport

operator has complied with all measures in its security program

for securing compliance with its security program by the tenant. (d) AUTHORIZING INDIVIDUALS TO CARRY FIREARMS AND MAKE

ARRESTS.—With the approval of the Attorney General and the Secretary of State, the Secretary of Transportation may authorize

an individual who carries out air transportation security duties—

(1) to carry firearms; and

(2) to make arrests without warrant for an offense against

the United States committed in the presence of the individual

or for a felony under the laws of the United States, if the

individual reasonably believes the individual to be arrested

has committed or is committing a felony.

(e) EXCLUSIVE RESPONSIBILITY OVER PASSENGER SAFETY.—The

Administrator has the exclusive responsibility to direct law enforcement activity related to the safety of passengers on an aircraft

involved in an offense under section 46502 of this title from the

moment all external doors of the aircraft are closed following

boarding until those doors are opened to allow passengers to leave
H. R. 1758—463

the aircraft. When requested by the Administrator, other departments, agencies, and instrumentalities of the Government shall

provide assistance necessary to carry out this subsection.

§ 44904. Domestic air transportation system security

(a) ASSESSING THREATS.—The Administrator of the Federal

Aviation Administration and the Director of the Federal Bureau

of Investigation jointly shall assess current and potential threats

to the domestic air transportation system. The assessment shall

include consideration of the extent to which there are individuals

with the capability and intent to carry out terrorist or related

unlawful acts against that system and the ways in which those

individuals might carry out those acts. The Administrator and

the Director jointly shall decide on and carry out the most effective

method for continuous analysis and monitoring of security threats

to that system.

(b) ASSESSING SECURITY.—In coordination with the Director,

the Administrator shall carry out periodic threat and vulnerability

assessments on security at each airport that is part of the domestic

air transportation system. Each assessment shall include consideration of—

(1) the adequacy of security procedures related to the handling and transportation of checked baggage and cargo;

(2) space requirements for security personnel and equipment;

(3) separation of screened and unscreened passengers, baggage, and cargo;

(4) separation of the controlled and uncontrolled areas of

airport facilities; and

(5) coordination of the activities of security personnel of

the Administration, the United States Customs Service, the

Immigration and Naturalization Service, and air carriers, and

of other law enforcement personnel.

(c) IMPROVING SECURITY.—The Administrator shall take necessary actions to improve domestic air transportation security by

correcting any deficiencies in that security discovered in the assessments, analyses, and monitoring carried out under this section.

§ 44905. Information about threats to civil aviation

(a) PROVIDING INFORMATION.—Under guidelines the Secretary

of Transportation prescribes, an air carrier, airport operator, ticket

agent, or individual employed by an air carrier, airport operator,

or ticket agent, receiving information (except a communication

directed by the United States Government) about a threat to civil

aviation shall provide the information promptly to the Secretary.

(b) FLIGHT CANCELLATION.—If a decision is made that a particular threat cannot be addressed in a way adequate to ensure, to

the extent feasible, the safety of passengers and crew of a particular

flight or series of flights, the Administrator of the Federal Aviation

Administration shall cancel the flight or series of flights.

(c) GUIDELINES ON PUBLIC NOTICE.—(1) The President shall

develop guidelines for ensuring that public notice is provided in

appropriate cases about threats to civil aviation. The guidelines

shall identify officials responsible for—

(A) deciding, on a case-by-case basis, if public notice of

a threat is in the best interest of the United States and the

traveling public;
H. R. 1758—464

(B) ensuring that public notice is provided in a timely

and effective way, including the use of a toll-free telephone

number; and

(C) canceling the departure of a flight or series of flights

under subsection (b) of this section.

(2) The guidelines shall provide for consideration of—

(A) the specificity of the threat;

(B) the credibility of intelligence information related to

the threat;

(C) the ability to counter the threat effectively;

(D) the protection of intelligence information sources and

methods;

(E) cancellation, by an air carrier or the Administrator,

of a flight or series of flights instead of public notice;

(F) the ability of passengers and crew to take steps to

reduce the risk to their safety after receiving public notice

of a threat; and

(G) other factors the Administrator considers appropriate.

(d) GUIDELINES ON NOTICE TO CREWS.—The Administrator shall

develop guidelines for ensuring that notice in appropriate cases

of threats to the security of an air carrier flight is provided to

the flight crew and cabin crew of that flight.

(e) LIMITATION ON NOTICE TO SELECTIVE TRAVELERS.—Notice

of a threat to civil aviation may be provided to selective potential

travelers only if the threat applies only to those travelers.

(f) RESTRICTING ACCESS TO INFORMATION.—In cooperation with

the departments, agencies, and instrumentalities of the Government

that collect, receive, and analyze intelligence information related

to aviation security, the Administrator shall develop procedures

to minimize the number of individuals who have access to information about threats. However, a restriction on access to that information may be imposed only if the restriction does not diminish

the ability of the Government to carry out its duties and powers

related to aviation security effectively, including providing notice

to the public and flight and cabin crews under this section.

(g) DISTRIBUTION OF GUIDELINES.—The guidelines developed

under this section shall be distributed for use by appropriate officials of the Department of Transportation, the Department of State,

the Department of Justice, and air carriers.

§ 44906. Foreign air carrier security programs

The Administrator of the Federal Aviation Administration shall

continue in effect the requirement of section 129.25 of title 14,

Code of Federal Regulations, that a foreign air carrier must adopt

and use a security program approved by the Administrator. The

Administrator may approve a security program of a foreign air

carrier under section 129.25 only if the Administrator decides the

security program provides passengers of the foreign air carrier

a level of protection similar to the level those passengers would

receive under the security programs of air carriers serving the

same airport. The Administrator shall require a foreign air carrier

to use procedures equivalent to those required of air carriers serving

the same airport if the Administrator decides that the procedures

are necessary to provide a level of protection similar to that provided

passengers of the air carriers serving the same airport. The

Administrator shall prescribe regulations to carry out this section.
H. R. 1758—465

§ 44907. Security standards at foreign airports

(a) ASSESSMENT.—(1) At intervals the Secretary of Transpor- tation considers necessary, the Secretary shall assess the effectiveness of the security measures maintained at— (A) a foreign airport— (i) served by an air carrier;

(ii) from which a foreign air carrier serves the United

States; or

(iii) that poses a high risk of introducing danger to international air travel; and

(B) other foreign airports the Secretary considers appropriate.

(2) The Secretary of Transportation shall conduct an assessment under paragraph (1) of this subsection— (A) in consultation with appropriate aeronautic authorities

of the government of a foreign country concerned and each

air carrier serving the foreign airport for which the Secretary

is conducting the assessment; (B) to establish the extent to which a foreign airport effec- tively maintains and carries out security measures; and (C) by using a standard that will result in an analysis of the security measures at the airport based at least on the

standards and appropriate recommended practices contained

in Annex 17 to the Convention on International Civil Aviation

in effect on the date of the assessment.

(3) Each report to Congress required under section 44938(b) of this title shall contain a summary of the assessments conducted

under this subsection.

(b) CONSULTATION.—In carrying out subsection (a) of this sec- tion, the Secretary of Transportation shall consult with the Secretary of State— (1) on the terrorist threat that exists in each country; and

(2) to establish which foreign airports are not under the de facto control of the government of the foreign country in

which they are located and pose a high risk of introducing

danger to international air travel.

(c) NOTIFYING FOREIGN AUTHORITIES.—When the Secretary of Transportation, after conducting an assessment under subsection

(a) of this section, decides that an airport does not maintain and

carry out effective security measures, the Secretary of Transportation, after advising the Secretary of State, shall notify the appropriate authorities of the government of the foreign country of the

decision and recommend the steps necessary to bring the security

measures in use at the airport up to the standard used by the

Secretary of Transportation in making the assessment.

(d) ACTIONS WHEN AIRPORTS NOT MAINTAINING AND CARRYING

OUT EFFECTIVE SECURITY MEASURES.—(1) When the Secretary of

Transportation decides under this section that an airport does not

maintain and carry out effective security measures—

(A) the Secretary of Transportation shall—

(i) publish the identity of the airport in the Federal

Register;

(ii) have the identity of the airport posted and displayed

prominently at all United States airports at which scheduled air carrier operations are provided regularly; and (iii) notify the news media of the identity of the airport;
H. R. 1758—466

(B) each air carrier and foreign air carrier providing

transportation between the United States and the airport shall

provide written notice of the decision, on or with the ticket,

to each passenger buying a ticket for transportation between

the United States and the airport;

(C) notwithstanding section 40105(b) of this title, the Secretary of Transportation, after consulting with the appropriate

aeronautic authorities of the foreign country concerned and

each air carrier serving the airport and with the approval

of the Secretary of State, may withhold, revoke, or prescribe

conditions on the operating authority of an air carrier or foreign

air carrier that uses that airport to provide foreign air transportation; and

(D) the President may prohibit an air carrier or foreign

air carrier from providing transportation between the United

States and any other foreign airport that is served by aircraft

flying to or from the airport with respect to which a decision

is made under this section.

(2)(A) Paragraph (1) of this subsection becomes effective—

(i) 90 days after the government of a foreign country is

notified under subsection (c) of this section if the Secretary

of Transportation finds that the government has not brought

the security measures at the airport up to the standard the

Secretary used in making an assessment under subsection (a)

of this section; or

(ii) immediately on the decision of the Secretary of

Transportation under subsection (c) of this section if the Secretary of Transportation decides, after consulting with the Secretary of State, that a condition exists that threatens the safety

or security of passengers, aircraft, or crew traveling to or from

the airport.

(B) The Secretary of Transportation immediately shall notify

the Secretary of State of a decision under subparagraph (A)(ii)

of this paragraph so that the Secretary of State may issue a travel

advisory required under section 44908(a) of this title.

(3) The Secretary of Transportation promptly shall submit to

Congress a report (and classified annex if necessary) on action

taken under paragraph (1) or (2) of this subsection, including

information on attempts made to obtain the cooperation of the

government of a foreign country in meeting the standard the Secretary used in assessing the airport under subsection (a) of this

section.

(4) An action required under paragraph (1)(A) and (B) of this

subsection is no longer required only if the Secretary of Transportation, in consultation with the Secretary of State, decides that

effective security measures are maintained and carried out at the

airport. The Secretary of Transportation shall notify Congress when

the action is no longer required to be taken.

(e) SUSPENSIONS.—Notwithstanding sections 40105(b) and

40106(b) of this title, the Secretary of Transportation, with the

approval of the Secretary of State and without notice or a hearing,

shall suspend the right of an air carrier or foreign air carrier

to provide foreign air transportation, and the right of a person

to operate aircraft in foreign air commerce, to or from a foreign

airport when the Secretary of Transportation decides that—
H. R. 1758—467

(1) a condition exists that threatens the safety or security

of passengers, aircraft, or crew traveling to or from that airport;

and

(2) the public interest requires an immediate suspension

of transportation between the United States and that airport.

(f) CONDITION OF CARRIER AUTHORITY.—This section is a condition to authority the Secretary of Transportation grants under

this part to an air carrier or foreign air carrier.

§ 44908. Travel advisory and suspension of foreign assistance

(a) TRAVEL ADVISORIES.—On being notified by the Secretary

of Transportation that the Secretary of Transportation has decided

under section 44907(d)(2)(A)(ii) of this title that a condition exists

that threatens the safety or security of passengers, aircraft, or

crew traveling to or from a foreign airport that the Secretary

of Transportation has decided under section 44907 of this title

does not maintain and carry out effective security measures, the

Secretary of State—

(1) immediately shall issue a travel advisory for that airport;

(2) shall publish the advisory in the Federal Register; and

(3) shall publicize the advisory widely.

(b) SUSPENDING ASSISTANCE.—The President shall suspend

assistance provided under the Foreign Assistance Act of 1961 (22

U.S.C. 2151 et seq.) or the Arms Export Control Act (22 U.S.C.

2751 et seq.) to a country in which is located an airport with

respect to which section 44907(d)(1) of this title becomes effective

if the Secretary of State decides the country is a high terrorist

threat country. The President may waive this subsection if the

President decides, and reports to Congress, that the waiver is

required because of national security interests or a humanitarian

emergency. (c) ACTIONS NO LONGER REQUIRED.—An action required under

this section is no longer required only if the Secretary of Transportation has made a decision as provided under section 44907(d)(4)

of this title. The Secretary shall notify Congress when the action

is no longer required to be taken.

§ 44909. Passenger manifests

(a) AIR CARRIER REQUIREMENTS.—(1) Not later than March

16, 1991, the Secretary of Transportation shall require each air

carrier to provide a passenger manifest for a flight to an appropriate

representative of the Secretary of State— (A) not later than one hour after that carrier is notified

of an aviation disaster outside the United States involving

that flight; or

(B) if it is not technologically feasible or reasonable to

comply with clause (A) of this paragraph, then as expeditiously

as possible, but not later than 3 hours after the carrier is

so notified.

(2) The passenger manifest shall include the following information:

(A) the full name of each passenger.

(B) the passport number of each passenger, if required

for travel.

(C) the name and telephone number of a contact for each

passenger.
H. R. 1758—468

(3) In carrying out this subsection, the Secretary of Transportation shall consider the necessity and feasibility of requiring air

carriers to collect passenger manifest information as a condition

for passengers boarding a flight of the carrier.

(b) FOREIGN AIR CARRIER REQUIREMENTS.—The Secretary of

Transportation shall consider imposing a requirement on foreign

air carriers comparable to that imposed on air carriers under subsection (a)(1) and (2) of this section.

§ 44910. Agreements on aircraft sabotage, aircraft hijacking,

and airport security

The Secretary of State shall seek multilateral and bilateral

agreement on strengthening enforcement measures and standards

for compliance related to aircraft sabotage, aircraft hijacking, and

airport security.

§ 44911. Intelligence

(a) DEFINITION.—In this section, ‘‘intelligence community’’

means the intelligence and intelligence-related activities of the following units of the United States Government:

(1) the Department of State.

(2) the Department of Defense.

(3) the Department of the Treasury.

(4) the Department of Energy.

(5) the Departments of the Army, Navy, and Air Force.

(6) the Central Intelligence Agency.

(7) the National Security Agency.

(8) the Defense Intelligence Agency.

(9) the Federal Bureau of Investigation.

(10) the Drug Enforcement Administration. (b) POLICIES AND PROCEDURES ON REPORT AVAILABILITY.—The

head of each unit in the intelligence community shall prescribe

policies and procedures to ensure that intelligence reports about

international terrorism are made available, as appropriate, to the

heads of other units in the intelligence community, the Secretary

of Transportation, and the Administrator of the Federal Aviation

Administration.

(c) UNIT FOR STRATEGIC PLANNING ON TERRORISM.—The heads

of the units in the intelligence community shall consider placing

greater emphasis on strategic intelligence efforts by establishing

a unit for strategic planning on terrorism. (d) DESIGNATION OF INTELLIGENCE OFFICER.—At the request

of the Secretary, the Director of Central Intelligence shall designate

at least one intelligence officer of the Central Intelligence Agency

to serve in a senior position in the Office of the Secretary.

(e) WRITTEN WORKING AGREEMENTS.—The heads of units in

the intelligence community, the Secretary, and the Administrator

shall review and, as appropriate, revise written working agreements

between the intelligence community and the Administrator.

§ 44912. Research and development

(a) PROGRAM REQUIREMENT.—(1) The Administrator of the Federal Aviation Administration shall establish and carry out a program to accelerate and expand the research, development, and

implementation of technologies and procedures to counteract terrorist acts against civil aviation. The program shall provide for developing and having in place, not later than November 16, 1993, new
H. R. 1758—469

equipment and procedures necessary to meet the technological challenges presented by terrorism. The program shall include research

on, and development of, technological improvements and ways to

enhance human performance.

(2) In designing and carrying out the program established under

this subsection, the Administrator shall—

(A) consult and coordinate activities with other departments, agencies, and instrumentalities of the United States

Government doing similar research;

(B) identify departments, agencies, and instrumentalities

that would benefit from that research; and

(C) seek cost-sharing agreements with those departments,

agencies, and instrumentalities.

(3) In carrying out the program established under this subsection, the Administrator shall review and consider the annual

reports the Secretary of Transportation submits to Congress on

transportation security and intelligence.

(4) The Administrator may—

(A) make grants to institutions of higher learning and

other appropriate research facilities with demonstrated ability

to carry out research described in paragraph (1) of this subsection, and fix the amounts and terms of the grants; and

(B) make cooperative agreements with governmental

authorities the Administrator decides are appropriate.

(b) REVIEW OF THREATS.—(1) The Administrator shall complete

an intensive review of threats to civil aviation, with particular

focus on—

(A) explosive material that presents the most significant

threat to civil aircraft;

(B) the minimum amounts, configurations, and types of

explosive material that can cause, or would reasonably be

expected to cause, catastrophic damage to commercial aircraft

in service and expected to be in service in the 10-year period

beginning on November 16, 1990; (C) the amounts, configurations, and types of explosive

material that can be detected reliably by existing, or reasonably

anticipated, near-term explosive detection technologies; (D) the feasibility of using various ways to minimize damage caused by explosive material that cannot be detected reliably by existing, or reasonably anticipated, near-term explosive

detection technologies; (E) the ability to screen passengers, carry-on baggage,

checked baggage, and cargo; and (F) the technologies that might be used in the future to

attempt to destroy or otherwise threaten commercial aircraft

and the way in which those technologies can be countered

effectively.

(2) The Administrator shall use the results of the review under

this subsection to develop the focus and priorities of the program

established under subsection (a) of this section.

(c) SCIENTIFIC ADVISORY PANEL.—The Administrator shall

establish a scientific advisory panel, as a subcommittee of the

Research, Engineering and Development Advisory Committee, to

review, comment on, advise on the progress of, and recommend

modifications in, the program established under subsection (a) of

this section, including the need for long-range research programs

to detect and prevent catastrophic damage to commercial aircraft
H. R. 1758—470

by the next generation of terrorist weapons. The panel shall consist

of individuals with scientific and technical expertise in—

(1) the development and testing of effective explosive detection systems;

(2) aircraft structure and experimentation to decide on

the type and minimum weights of explosives that an effective

technology must be capable of detecting;

(3) technologies involved in minimizing airframe damage

to aircraft from explosives; and

(4) other scientific and technical areas the Administrator

considers appropriate.

§ 44913. Explosive detection

(a) DEPLOYMENT AND PURCHASE OF EQUIPMENT.—(1) A deployment or purchase of explosive detection equipment under section

108.7(b)(8) or 108.20 of title 14, Code of Federal Regulations, or

similar regulation is required only if the Administrator of the Federal Aviation Administration certifies that the equipment alone,

or as part of an integrated system, can detect under realistic air

carrier operating conditions the amounts, configurations, and types

of explosive material that would likely be used to cause catastrophic

damage to commercial aircraft. The Administrator shall base the

certification on the results of tests conducted under protocols developed in consultation with expert scientists outside of the Administration. Those tests shall be completed not later than April 16,

1992.

(2) Before completion of the tests described in paragraph (1)

of this subsection, but not later than April 16, 1992, the Administrator may require deployment of explosive detection equipment

described in paragraph (1) if the Administrator decides that deployment will enhance aviation security significantly. In making that

decision, the Administrator shall consider factors such as the ability

of the equipment alone, or as part of an integrated system, to

detect under realistic air carrier operating conditions the amounts,

configurations, and types of explosive material that would likely

be used to cause catastrophic damage to commercial aircraft. The

Administrator shall notify the Committee on Commerce, Science,

and Transportation of the Senate and the Committee on Public

Works and Transportation of the House of Representatives of a

deployment decision made under this paragraph.

(3) This subsection does not prohibit the Administrator from

purchasing or deploying explosive detection equipment described

in paragraph (1) of this subsection.

(b) GRANTS.—The Secretary of Transportation may provide

grants to continue the Explosive Detection K-9 Team Training

Program to detect explosives at airports and on aircraft.

§ 44914. Airport construction guidelines

In consultation with air carriers, airport authorities, and others

the Administrator of the Federal Aviation Administration considers

appropriate, the Administrator shall develop guidelines for airport

design and construction to allow for maximum security enhancement. In developing the guidelines, the Administrator shall consider

the results of the assessment carried out under section 44904(a)

of this title.
H. R. 1758—471

§ 44915. Exemptions

The Administrator of the Federal Aviation Administration may

exempt from sections 44901, 44903(a)–(c) and (e), 44906, 44935,

and 44936 of this title airports in Alaska served only by air carriers

that—

(1) hold certificates issued under section 41102 of this

title;

(2) operate aircraft with certificates for a maximum gross

takeoff weight of less than 12,500 pounds; and

(3) board passengers, or load property intended to be carried in an aircraft cabin, that will be screened under section

44901 of this title at another airport in Alaska before the

passengers board, or the property is loaded on, an aircraft

for a place outside Alaska.

SUBCHAPTER II—ADMINISTRATION AND PERSONNEL

§ 44931. Director of Intelligence and Security

(a) ORGANIZATION.—There is in the Office of the Secretary

of Transportation a Director of Intelligence and Security. The Director reports directly to the Secretary.

(b) DUTIES AND POWERS.—The Director shall—

(1) receive, assess, and distribute intelligence information

related to long-term transportation security;

(2) develop policies, strategies, and plans for dealing with

threats to transportation security;

(3) make other plans related to transportation security,

including coordinating countermeasures with appropriate

departments, agencies, and instrumentalities of the United

States Government;

(4) serve as the primary liaison of the Secretary to the

intelligence and law enforcement communities; and

(5) carry out other duties and powers the Secretary decides

are necessary to ensure, to the extent possible, the security

of the traveling public.

§ 44932. Assistant Administrator for Civil Aviation Security

(a) ORGANIZATION.—There is an Assistant Administrator for

Civil Aviation Security. The Assistant Administrator reports

directly to the Administrator of the Federal Aviation Administration

and is subject to the authority of the Administrator.

(b) DUTIES AND POWERS.—The Assistant Administrator shall—

(1) on a day-to-day basis, manage and provide operational

guidance to the field security resources of the Administration,

including Federal Security Managers as provided by section

44933 of this title;

(2) enforce security-related requirements;

(3) identify the research and development requirements

of security-related activities; (4) inspect security systems;

(5) report information to the Director of Intelligence and

Security that may be necessary to allow the Director to carry

out assigned duties and powers;

(6) assess threats to civil aviation; and

(7) carry out other duties and powers the Administrator

considers appropriate.
H. R. 1758—472

(c) REVIEW AND DEVELOPMENT OF WAYS TO STRENGTHEN SECURITY.—The Assistant Administrator shall review and, as necessary,

develop ways to strengthen air transportation security, including

ways—

(1) to strengthen controls over checked baggage in air

transportation, including ways to ensure baggage reconciliation

and inspection of items in passenger baggage that could potentially contain explosive devices;

(2) to strengthen control over individuals having access

to aircraft;

(3) to improve testing of security systems;

(4) to ensure the use of the best available x-ray equipment

for air transportation security purposes; and

(5) to strengthen preflight screening of passengers.

§ 44933. Federal Security Managers

(a) ESTABLISHMENT, DESIGNATION, AND STATIONING.—The

Administrator of the Federal Aviation Administration shall establish the position of Federal Security Manager at each airport in

the United States at which the Administrator decides a Manager

is necessary for air transportation security. The Administrator shall

designate individuals as Managers for, and station those Managers

at, those airports. The Administrator may designate a current field

employee of the Administration as a Manager. A Manager reports

directly to the Assistant Administrator for Civil Aviation Security.

The Administrator shall station an individual as Manager at each

airport in the United States that the Secretary of Transportation

designates as a category X airport.

(b) DUTIES AND POWERS.—The Manager at each airport shall—

(1) receive intelligence information related to aviation security;

(2) ensure, and assist in, the development of a comprehensive security plan for the airport that—

(A) establishes the responsibilities of each air carrier

and airport operator for air transportation security at the

airport; and

(B) includes measures to be taken during periods of

normal airport operations and during periods when the

Manager decides that there is a need for additional airport

security, and identifies the individuals responsible for

carrying out those measures;

(3) oversee and enforce the carrying out by air carriers

and airport operators of United States Government security

requirements, including the security plan under clause (2) of

this subsection;

(4) serve as the on-site coordinator of the Administrator’s

response to terrorist incidents and threats at the airport;

(5) coordinate the day-to-day Government aviation security

activities at the airport;

(6) coordinate efforts related to aviation security with local

law enforcement; and

(7) coordinate activities with other Managers.

(c) LIMITATION.—A Civil Aviation Security Field Officer may

not be assigned security duties and powers at an airport having

a Manager.
H. R. 1758—473

§ 44934. Foreign Security Liaison Officers

(a) ESTABLISHMENT, DESIGNATION, AND STATIONING.—The

Administrator of the Federal Aviation Administration shall establish the position of Foreign Security Liaison Officer for each airport

outside the United States at which the Administrator decides an

Officer is necessary for air transportation security. In coordination

with the Secretary of State, the Administrator shall designate an

Officer for each of those airports. In coordination with the Secretary,

the Administrator shall designate an Officer for each of those airports where extraordinary security measures are in place. The

Secretary shall give high priority to stationing those Officers. (b) DUTIES AND POWERS.—An Officer reports directly to the Assistant Administrator for Civil Aviation Security. The Officer

at each airport shall— (1) serve as the liaison of the Assistant Administrator

to foreign security authorities (including governments of foreign

countries and foreign airport authorities) in carrying out United

States Government security requirements at that airport; and (2) to the extent practicable, carry out duties and powers referred to in section 44933(b) of this title.

(c) COORDINATION OF ACTIVITIES.—The activities of each Officer

shall be coordinated with the chief of the diplomatic mission of

the United States to which the Officer is assigned. Activities of

an Officer under this section shall be consistent with the duties

and powers of the Secretary and the chief of mission to a foreign

country under section 103 of the Omnibus Diplomatic Security

and Antiterrorism Act of 1986 (22 U.S.C. 4802) and section 207

of the Foreign Service Act of 1980 (22 U.S.C. 3927).

§ 44935. Employment standards and training

(a) EMPLOYMENT STANDARDS.—The Administrator of the Federal Aviation Administration shall prescribe standards for the

employment and continued employment of, and contracting for,

air carrier personnel and, as appropriate, airport security personnel.

The standards shall include—

(1) minimum training requirements for new employees;

(2) retraining requirements;

(3) minimum staffing levels;

(4) minimum language skills; and

(5) minimum education levels for employees, when appropriate.

(b) REVIEW AND RECOMMENDATIONS.—In coordination with air

carriers, airport operators, and other interested persons, the

Administrator shall review issues related to human performance

in the aviation security system to maximize that performance.

When the review is completed, the Administrator shall recommend

guidelines and prescribe appropriate changes in existing procedures

to improve that performance.

(c) SECURITY PROGRAM TRAINING, STANDARDS, AND QUALIFICATIONS.—(1) The Administrator—

(A) may train individuals employed to carry out a security

program under section 44903(c) of this title; and

(B) shall prescribe uniform training standards and uniform

minimum qualifications for individuals eligible for that training.

(2) The Administrator may authorize reimbursement for travel,

transportation, and subsistence expenses for security training of
H. R. 1758—474

non-United States Government domestic and foreign individuals

whose services will contribute significantly to carrying out civil

aviation security programs. To the extent practicable, air travel

reimbursed under this paragraph shall be on air carriers.

(d) EDUCATION AND TRAINING STANDARDS FOR SECURITY

COORDINATORS, SUPERVISORY PERSONNEL, AND PILOTS.—(1) The

Administrator shall prescribe standards for educating and training—

(A) ground security coordinators;

(B) security supervisory personnel; and

(C) airline pilots as in-flight security coordinators.

(2) The standards shall include initial training, retraining, and

continuing education requirements and methods. Those requirements and methods shall be used annually to measure the performance of ground security coordinators and security supervisory

personnel.

§ 44936. Employment investigations and restrictions

(a) EMPLOYMENT INVESTIGATION REQUIREMENT.—(1) The

Administrator of the Federal Aviation Administration shall require

by regulation that an employment investigation, including a criminal history record check, shall be conducted, as the Administrator

decides is necessary to ensure air transportation security, of each

individual employed in, or applying for, a position in which the

individual has unescorted access, or may permit other individuals

to have unescorted access, to—

(A) aircraft of an air carrier or foreign air carrier; or

(B) a secured area of an airport in the United States

the Administrator designates that serves an air carrier or foreign air carrier.

(2) An air carrier, foreign air carrier, or airport operator that

employs, or authorizes or makes a contract for the services of,

an individual in a position described in paragraph (1) of this subsection shall ensure that the investigation the Administrator

requires is conducted.

(b) PROHIBITED EMPLOYMENT.—(1) Except as provided in paragraph (3) of this subsection, an air carrier, foreign air carrier,

or airport operator may not employ, or authorize or make a contract

for the services of, an individual in a position described in subsection

(a)(1) of this section if—

(A) the investigation of the individual required under this

section has not been conducted; or

(B) the results of that investigation establish that, in the

10-year period ending on the date of the investigation, the

individual was convicted of—

(i) a crime referred to in section 46306, 46308, 46312,

46314, or 46315 or chapter 465 of this title or section

32 of title 18;

(ii) murder;

(iii) assault with intent to murder;

(iv) espionage;

(v) sedition;

(vi) treason;

(vii) rape;

(viii) kidnapping;

(ix) unlawful possession, sale, distribution, or manufacture of an explosive or weapon;
H. R. 1758—475

(x) extortion;

(xi) armed robbery;

(xii) distribution of, or intent to distribute, a controlled

substance; or

(xiii) conspiracy to commit any of the acts referred

to in clauses (i)–(xii) of this paragraph.

(2) The Administrator may specify other factors that are sufficient to prohibit the employment of an individual in a position

described in subsection (a)(1) of this section.

(3) An air carrier, foreign air carrier, or airport operator may

employ, or authorize or contract for the services of, an individual

in a position described in subsection (a)(1) of this section without

carrying out the investigation required under this section, if the

Administrator approves a plan to employ the individual that provides alternate security arrangements.

(c) FINGERPRINTING AND RECORD CHECK INFORMATION.—(1) If

the Administrator requires an identification and criminal history

record check, to be conducted by the Attorney General, as part

of an investigation under this section, the Administrator shall designate an individual to obtain fingerprints and submit those fingerprints to the Attorney General. The Attorney General may make

the results of a check available to an individual the Administrator

designates. Before designating an individual to obtain and submit

fingerprints or receive results of a check, the Administrator shall

consult with the Attorney General.

(2) The Administrator shall prescribe regulations on—

(A) procedures for taking fingerprints; and

(B) requirements for using information received from the Attorney General under paragraph (1) of this subsection— (i) to limit the dissemination of the information; and

(ii) to ensure that the information is used only to

carry out this section. (3) If an identification and criminal history record check is

conducted as part of an investigation of an individual under this

section, the individual—

(A) shall receive a copy of any record received from the

Attorney General; and (B) may complete and correct the information contained

in the check before a final employment decision is made based

on the check.

(d) FEES AND CHARGES.—The Administrator and the Attorney

General shall establish reasonable fees and charges to pay expenses

incurred in carrying out this section. The employer of the individual

being investigated shall pay the costs of a record check of the

individual. Money collected under this section shall be credited

to the account in the Treasury from which the expenses were

incurred and are available to the Administrator and the Attorney

General for those expenses.

(e) WHEN INVESTIGATION OR RECORD CHECK NOT REQUIRED.—

This section does not require an investigation or record check when

the investigation or record check is prohibited by a law of a foreign

country.

§ 44937. Prohibition on transferring duties and powers

Except as specifically provided by law, the Administrator of

the Federal Aviation Administration may not transfer a duty or

power under section 44903(a), (b), (c), or (e), 44906(a)(1) or (b),
H. R. 1758—476

44912, 44935, 44936, or 44938(b)(3) of this title to another department, agency, or instrumentality of the United States Government.

§ 44938. Reports

(a) TRANSPORTATION SECURITY.—Not later than December 31

of each year, the Secretary of Transportation shall submit to Congress a report on transportation security with recommendations

the Secretary considers appropriate. The report shall be prepared

in conjunction with the annual report the Administrator of the

Federal Aviation Administration submits under subsection (b) of

this section, but may not duplicate the information submitted under

subsection (b) or section 44907(a)(3) of this title. The Secretary

may submit the report in classified and unclassified parts. The

report shall include—

(1) an assessment of trends and developments in terrorist

activities, methods, and other threats to transportation;

(2) an evaluation of deployment of explosive detection

devices;

(3) recommendations for research, engineering, and development activities related to transportation security, except

research engineering and development activities related to aviation security to the extent those activities are covered by the

national aviation research plan required under section 44501(c)

of this title;

(4) identification and evaluation of cooperative efforts with

other departments, agencies, and instrumentalities of the

United States Government;

(5) an evaluation of cooperation with foreign transportation

and security authorities;

(6) the status of the extent to which the recommendations

of the President’s Commission on Aviation Security and Terrorism have been carried out and the reasons for any delay in

carrying out those recommendations;

(7) a summary of the activities of the Director of Intelligence and Security in the 12-month period ending on the

date of the report;

(8) financial and staffing requirements of the Director;

(9) an assessment of financial and staffing requirements,

and attainment of existing staffing goals, for carrying out duties

and powers of the Administrator related to security; and

(10) appropriate legislative and regulatory recommendations.

(b) SCREENING AND FOREIGN AIR CARRIER AND AIRPORT SECURITY.—The Administrator shall submit annually to Congress a

report—

(1) on the effectiveness of procedures under section 44901

of this title;

(2) that includes a summary of the assessments conducted

under section 44907(a)(1) and (2) of this title; and

(3) that includes an assessment of the steps being taken,

and the progress being made, in ensuring compliance with

section 44906 of this title for each foreign air carrier security

program at airports outside the United States—

(A) at which the Administrator decides that Foreign

Security Liaison Officers are necessary for air transportation security; and
H. R. 1758—477

(B) for which extraordinary security measures are in

place.

(c) DOMESTIC AIR TRANSPORTATION SYSTEM SECURITY.—The

Administrator shall submit to Congress an annual report for each

of the calendar years 1991 and 1992 on the progress being made,

and the problems occurring, in carrying out section 44904 of this

title. The report shall include recommendations for improving

domestic air transportation security.

CHAPTER 451—ALCOHOL AND CONTROLLED

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.

§ 45101. Definition

In this chapter, ‘‘controlled substance’’ means any substance

under section 102 of the Comprehensive Drug Abuse Prevention

and Control Act of 1970 (21 U.S.C. 802) specified by the Administrator of the Federal Aviation Administration.

§ 45102. Alcohol and controlled substances testing programs

(a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN

AIR CARRIERS.—(1) In the interest of aviation safety, the Administrator of the Federal Aviation Administration shall prescribe regulations not later than October 28, 1992, that establish a program

requiring air carriers and foreign air carriers to conduct

preemployment, reasonable suspicion, random, and post-accident

testing of airmen, crewmembers, airport security screening contract

personnel, and other air carrier employees responsible for safetysensitive functions (as decided by the Administrator) for the use

of alcohol or a controlled substance in violation of law or a United

States Government regulation.

(2) When the Administrator considers it appropriate in the

interest of safety, the Administrator may prescribe regulations for

conducting periodic recurring testing of airmen, crewmembers, airport security screening contract personnel, and other air carrier

employees responsible for safety-sensitive functions for the use of

alcohol or a controlled substance in violation of law or a Government

regulation.

(b) PROGRAM FOR EMPLOYEES OF THE FEDERAL AVIATION

ADMINISTRATION.—(1) The Administrator shall establish a program

of preemployment, reasonable suspicion, random, and post-accident

testing for the use of alcohol or a controlled substance in violation

of law or a Government regulation for employees of the Administration whose duties include responsibility for safety-sensitive functions.

(2) When the Administrator considers it appropriate in the

interest of safety, the Administrator may prescribe regulations for

conducting periodic recurring testing of employees of the Administration responsible for safety-sensitive functions for use of alcohol

or a controlled substance in violation of law or a Government

regulation.
H. R. 1758—478

(c) SANCTIONS.—In prescribing regulations under the programs

required by this section, the Administrator shall require, as the

Administrator considers appropriate, the suspension or revocation

of any certificate issued to an individual referred to in this section,

or the disqualification or dismissal of the individual, under this

chapter when a test conducted and confirmed under this chapter

indicates the individual has used alcohol or a controlled substance

in violation of law or a Government regulation.

§ 45103. Prohibited service

(a) USE OF ALCOHOL OR A CONTROLLED SUBSTANCE.—An

individual may not use alcohol or a controlled substance after

October 28, 1991, in violation of law or a United States Government

regulation and serve as an airman, crewmember, airport security

screening contract employee, air carrier employee responsible for

safety-sensitive functions (as decided by the Administrator of the

Federal Aviation Administration), or employee of the Administration with responsibility for safety-sensitive functions.

(b) REHABILITATION REQUIRED TO RESUME SERVICE.—Notwithstanding subsection (a) of this section, an individual found to have

used alcohol or a controlled substance after October 28, 1991, in

violation of law or a Government regulation may serve as an airman, crewmember, airport security screening contract employee,

air carrier employee responsible for safety-sensitive functions (as

decided by the Administrator), or employee of the Administration

with responsibility for safety-sensitive functions only if the individual completes a rehabilitation program described in section 45105

of this title.

(c) PERFORMANCE OF PRIOR DUTIES PROHIBITED.—An individual

who served as an airman, crewmember, airport security screening

contract employee, air carrier employee responsible for safety-sensitive functions (as decided by the Administrator), or employee

of the Administration with responsibility for safety-sensitive functions and who was found by the Administrator to have used alcohol

or a controlled substance after October 28, 1991, in violation of

law or a Government regulation may not carry out the duties

related to air transportation that the individual carried out before

the finding of the Administrator if the individual— (1) used the alcohol or controlled substance when on duty;

(2) began or completed a rehabilitation program described

in section 45105 of this title before using the alcohol or controlled substance; or

(3) refuses to begin or complete a rehabilitation program

described in section 45105 of this title after a finding by the

Administrator under this section.

§ 45104. Testing and laboratory requirements

In carrying out section 45102 of this title, the Administrator

of the Federal Aviation Administration shall develop requirements

that—

(1) promote, to the maximum extent practicable, individual

privacy in the collection of specimens;

(2) for laboratories and testing procedures for controlled

substances, incorporate the Department of Health and Human

Services scientific and technical guidelines dated April 11, 1988,

and any amendments to those guidelines, including mandatory

guidelines establishing—
H. R. 1758—479

(A) comprehensive standards for every aspect of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this chapter, including

standards requiring the use of the best available technology

to ensure the complete reliability and accuracy of controlled

substances tests and strict procedures governing the chain

of custody of specimens collected for controlled substances

testing;

(B) the minimum list of controlled substances for which

individuals may be tested; and

(C) appropriate standards and procedures for periodic

review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled

substances testing in carrying out this chapter;

(3) require that a laboratory involved in controlled substances testing under this chapter have the capability and

facility, at the laboratory, of performing screening and confirmation tests;

(4) provide that all tests indicating the use of alcohol or

a controlled substance in violation of law or a United States

Government regulation be confirmed by a scientifically recognized method of testing capable of providing quantitative

information about alcohol or a controlled substance;

(5) provide that each specimen be subdivided, secured,

and labeled in the presence of the tested individual and that

a part of the specimen be retained in a secure manner to

prevent the possibility of tampering, so that if the individual’s

confirmation test results are positive the individual has an

opportunity to have the retained part tested by a 2d confirmation test done independently at another certified laboratory

if the individual requests the 2d confirmation test not later

than 3 days after being advised of the results of the first

confirmation test;

(6) ensure appropriate safeguards for testing to detect and

quantify alcohol in breath and body fluid samples, including

urine and blood, through the development of regulations that

may be necessary and in consultation with the Secretary of

Health and Human Services;

(7) provide for the confidentiality of test results and medical information (except information about alcohol or a controlled

substance) of employees, except that this clause does not prevent the use of test results for the orderly imposition of appropriate sanctions under this chapter; and

(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee

is harassed by being treated differently from other employees

in similar circumstances.

§ 45105. Rehabilitation

(a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN

AIR CARRIERS.—The Administrator of the Federal Aviation Administration shall prescribe regulations establishing requirements for

rehabilitation programs that at least provide for the identification

and opportunity for treatment of employees of air carriers and

foreign air carriers referred to in section 45102(a)(1) of this title

who need assistance in resolving problems with the use of alcohol

or a controlled substance in violation of law or a United States
H. R. 1758—480

Government regulation. Each air carrier and foreign air carrier

is encouraged to make such a program available to all its employees

in addition to the employees referred to in section 45102(a)(1)(A).

The Administrator shall decide on the circumstances under which

employees shall be required to participate in a program. This subsection does not prevent an air carrier or foreign air carrier from

establishing a program under this subsection in cooperation with

another air carrier or foreign air carrier.

(b) PROGRAM FOR EMPLOYEES OF THE FEDERAL AVIATION

ADMINISTRATION.—The Administrator shall establish and maintain

a rehabilitation program that at least provides for the identification

and opportunity for treatment of employees of the Administration

whose duties include responsibility for safety-sensitive functions

who need assistance in resolving problems with the use of alcohol

or a controlled substance.

§ 45106. Relationship to other laws, regulations, standards,

and orders

(a) EFFECT ON STATE AND LOCAL GOVERNMENT LAWS, REGULATIONS, STANDARDS, OR ORDERS.—A State or local government may

not prescribe, issue, or continue in effect a law, regulation, standard,

or order that is inconsistent with regulations prescribed under

this chapter. However, a regulation prescribed under this chapter

does not preempt a State criminal law that imposes sanctions

for reckless conduct leading to loss of life, injury, or damage to

property.

(b) INTERNATIONAL OBLIGATIONS AND FOREIGN LAWS.—(1) In

prescribing regulations under this chapter, the Administrator of

the Federal Aviation Administration—

(A) shall establish only requirements applicable to foreign

air carriers that are consistent with international obligations

of the United States; and

(B) shall consider applicable laws and regulations of foreign

countries.

(2) The Secretaries of State and Transportation jointly shall

request the governments of foreign countries that are members

of the International Civil Aviation Organization to strengthen and

enforce existing standards to prohibit crewmembers in international

civil aviation from using alcohol or a controlled substance in violation of law or a United States Government regulation.

(c) OTHER REGULATIONS ALLOWED.—This section does not prevent the Administrator from continuing in effect, amending, or

further supplementing a regulation prescribed before October 28,

1991, governing the use of alcohol or a controlled substance by

airmen, crewmembers, airport security screening contract employees, air carrier employees responsible for safety-sensitive functions

(as decided by the Administrator), or employees of the Administration with responsibility for safety-sensitive functions.

CHAPTER 453—FEES

Sec.

45301. Authority to impose fees.

45302. Fees involving aircraft not providing air transportation.

45303. Maximum fees for private person services.
H. R. 1758—481

§ 45301. Authority to impose fees

(a) GENERAL AUTHORITY.—The Secretary of Transportation may

impose a fee for an approval, test, authorization, certificate, permit,

registration, transfer, or rating related to aviation that has not

been approved by Congress only when the fee—

(1)(A) was in effect on January 1, 1973; and

(B) is not more than the fee in effect on January 1, 1973,

adjusted in proportion to changes in the Consumer Price Index

of All Urban Consumers published by the Secretary of Labor

between January 1, 1973, and the date the fee is imposed;

or

(2) is imposed under section 45302 of this title.

(b) NONAPPLICATION.—This section does not apply to a fee

for a test, authorization, certificate, permit, or rating related to

an airman or repair station administered or issued outside the

United States.

§ 45302. Fees involving aircraft not providing air transportation

(a) APPLICATION.—This section applies only to aircraft not used

to provide air transportation.

(b) GENERAL AUTHORITY AND MAXIMUM FEES.—The Administrator of the Federal Aviation Administration may impose fees

to pay for the costs of issuing airman certificates to pilots and

certificates of registration of aircraft and processing forms for major

repairs and alterations of fuel tanks and fuel systems of aircraft.

The following fees may not be more than the amounts specified:

(1) $12 for issuing an airman’s certificate to a pilot.

(2) $25 for registering an aircraft after the transfer of

ownership.

(3) $15 for renewing an aircraft registration.

(4) $7.50 for processing a form for a major repair or alteration of a fuel tank or fuel system of an aircraft.

(c) ADJUSTMENTS.—The Administrator shall adjust the maximum fees established by subsection (b) of this section for changes

in the Consumer Price Index of All Urban Consumers published

by the Secretary of Labor.

(d) CREDIT TO ACCOUNT AND AVAILABILITY.—Money collected

from fees imposed under this section shall be credited to the account

in the Treasury from which the Administrator incurs expenses

in carrying out chapter 441 and sections 44701–44716 of this title

(except sections 44701(c), 44703(f)(2), and 44713(d)(2)). The money

is available to the Administrator to pay expenses for which the

fees are collected.

§ 45303. Maximum fees for private person services

The Administrator of the Federal Aviation Administration may

establish maximum fees that private persons may charge for services performed under a delegation to the person under section

44702(d) of this title.

SUBPART IV—ENFORCEMENT AND PENALTIES

CHAPTER 461—INVESTIGATIONS AND PROCEEDINGS

Sec.

46101. Complaints and investigations.
H. R. 1758—482

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.

§ 46101. Complaints and investigations

(a) GENERAL.—(1) A person may file a complaint in writing with the Secretary of Transportation (or the Administrator of the

Federal Aviation Administration with respect to aviation safety

duties and powers designated to be carried out by the Administrator) about a person violating this part or a requirement prescribed under this part. Except as provided in subsection (b) of

this section, the Secretary or Administrator shall investigate the

complaint if a reasonable ground appears to the Secretary or

Administrator for the investigation. (2) On the initiative of the Secretary of Transportation or the Administrator, as appropriate, the Secretary or Administrator

may conduct an investigation, if a reasonable ground appears to

the Secretary or Administrator for the investigation, about— (A) a person violating this part or a requirement prescribed under this part; or (B) any question that may arise under this part. (3) The Secretary of Transportation or Administrator may dis- miss a complaint without a hearing when the Secretary or Administrator is of the opinion that the complaint does not state facts

that warrant an investigation or action.

(4) After notice and an opportunity for a hearing and subject

to section 40105(b) of this title, the Secretary of Transportation

or Administrator shall issue an order to compel compliance with

this part if the Secretary or Administrator finds in an investigation

under this subsection that a person is violating this part.

(b) COMPLAINTS AGAINST MEMBERS OF ARMED FORCES.—The

Secretary of Transportation or Administrator shall refer a complaint

against a member of the armed forces of the United States performing official duties to the Secretary of the department concerned

for action. Not later than 90 days after receiving the complaint,

the Secretary of that department shall inform the Secretary of

Transportation or Administrator of the action taken on the complaint, including any corrective or disciplinary action taken.

§ 46102. Proceedings

(a) CONDUCTING PROCEEDINGS.—Subject to subchapter II of

chapter 5 of title 5, the Secretary of Transportation (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by

the Administrator) may conduct proceedings in a way conducive

to justice and the proper dispatch of business.

(b) APPEARANCE.—A person may appear and be heard before

the Secretary and the Administrator in person or by an attorney.

The Secretary may appear and participate as an interested party

in a proceeding the Administrator conducts under section 40113(a)

of this title.

(c) RECORDING AND PUBLIC ACCESS.—Official action taken by

the Secretary and Administrator under this part shall be recorded.
H. R. 1758—483

Proceedings before the Secretary and Administrator shall be open

to the public on the request of an interested party unless the

Secretary or Administrator decides that secrecy is required because

of national defense.

(d) CONFLICTS OF INTEREST.—The Secretary, the Administrator,

or an officer or employee of the Administration may not participate

in a proceeding referred to in subsection (a) of this section in

which the individual has a pecuniary interest.

§ 46103. Service of notice, process, and actions

(a) DESIGNATING AGENTS.—(1) Each air carrier and foreign

air carrier shall designate an agent on whom service of notice

and process in a proceeding before, and an action of, the Secretary

of Transportation (or the Administrator of the Federal Aviation

Administration with respect to aviation safety duties and powers

designated to be carried out by the Administrator) may be made.

(2) The designation—

(A) shall be in writing and filed with the Secretary or

Administrator; and

(B) may be changed in the same way as originally made.

(b) SERVICE.—(1) Service may be made—

(A) by personal service;

(B) on a designated agent; or

(C) by certified or registered mail to the person to be

served or the designated agent of the person.

(2) The date of service made by certified or registered mail

is the date of mailing.

(c) SERVING AGENTS.—Service on an agent designated under

this section shall be made at the office or usual place of residence

of the agent. If an air carrier or foreign air carrier does not have

a designated agent, service may be made by posting the notice,

process, or action in the office of the Secretary or Administrator.

§ 46104. Evidence

(a) GENERAL.—In conducting a hearing or investigation under this part, the Secretary of Transportation (or the Administrator

of the Federal Aviation Administration with respect to aviation

safety duties and powers designated to be carried out by the

Administrator) may— (1) subpena witnesses and records related to a matter

involved in the hearing or investigation from any place in

the United States to the designated place of the hearing or

investigation; (2) administer oaths;

(3) examine witnesses; and

(4) receive evidence at a place in the United States the

Secretary or Administrator designates.

(b) COMPLIANCE WITH SUBPENAS.—If a person disobeys a subpena, the Secretary, the Administrator, or a party to a proceeding

before the Secretary or Administrator may petition a court of the

United States to enforce the subpena. A judicial proceeding to

enforce a subpena under this section may be brought in the jurisdiction in which the proceeding or investigation is conducted. The

court may punish a failure to obey an order of the court to comply

with the subpena as a contempt of court.

(c) DEPOSITIONS.—(1) In a proceeding or investigation, the Secretary or Administrator may order a person to give testimony
H. R. 1758—484

by deposition and to produce records. If a person fails to be deposed

or to produce records, the order may be enforced in the same

way a subpena may be enforced under subsection (b) of this section.

(2) A deposition may be taken before an individual designated

by the Secretary or Administrator and having the power to administer oaths.

(3) Before taking a deposition, the party or the attorney of

the party proposing to take the deposition must give reasonable

notice in writing to the opposing party or the attorney of record

of that party. The notice shall state the name of the witness

and the time and place of taking the deposition.

(4) The testimony of a person deposed under this subsection

shall be under oath. The person taking the deposition shall prepare,

or cause to be prepared, a transcript of the testimony taken. The

transcript shall be subscribed by the deponent. Each deposition

shall be filed promptly with the Secretary or Administrator.

(5) If the laws of a foreign country allow, the testimony of

a witness in that country may be taken by deposition—

(A) by a consular officer or an individual commissioned

by the Secretary or Administrator or agreed on by the parties

by written stipulation filed with the Secretary or Administrator;

or

(B) under letters rogatory issued by a court of competent

jurisdiction at the request of the Secretary or Administrator.

(d) WITNESS FEES AND MILEAGE AND CERTAIN FOREIGN COUNTRY EXPENSES.—A witness summoned before the Secretary or

Administrator or whose deposition is taken under this section and

the individual taking the deposition are each entitled to the same

fee and mileage that the witness and individual would have been

paid for those services in a court of the United States. Under

regulations of the Secretary or Administrator, the Secretary or

Administrator shall pay the necessary expenses incident to executing, in another country, a commission or letter rogatory issued

at the initiative of the Secretary or Administrator.

(e) DESIGNATING EMPLOYEES TO CONDUCT HEARINGS.—When

designated by the Secretary or Administrator, an employee

appointed under section 3105 of title 5 may conduct a hearing,

subpena witnesses, administer oaths, examine witnesses, and

receive evidence at a place in the United States the Secretary

or Administrator designates. On request of a party, the Secretary

or Administrator shall hear or receive argument.

§ 46105. Regulations and orders

(a) EFFECTIVENESS OF ORDERS.—Except as provided in this

part, a regulation prescribed or order issued by the Secretary of

Transportation (or the Administrator of the Federal Aviation

Administration with respect to aviation safety duties and powers

designated to be carried out by the Administrator) takes effect

within a reasonable time prescribed by the Secretary or Administrator. The regulation or order remains in effect under its own

terms or until superseded. Except as provided in this part, the

Secretary or Administrator may amend, modify, or suspend an

order in the way, and by giving the notice, the Secretary or Administrator decides.

(b) CONTENTS AND SERVICE OF ORDERS.—An order of the Secretary or Administrator shall include the findings of fact on which
H. R. 1758—485

the order is based and shall be served on the parties to the proceeding and the persons affected by the order.

(c) EMERGENCIES.—When the Administrator is of the opinion

that an emergency exists related to safety in air commerce and

requires immediate action, the Administrator, on the initiative of

the Administrator or on complaint, may prescribe regulations and

issue orders immediately to meet the emergency, with or without

notice and without regard to this part and subchapter II of chapter

5 of title 5. The Administrator shall begin a proceeding immediately

about an emergency under this subsection and give preference,

when practicable, to the proceeding.

§ 46106. Enforcement by the Secretary of Transportation and

Administrator of the Federal Aviation Administration

The Secretary of Transportation (or the Administrator of the

Federal Aviation Administration with respect to aviation safety

duties and powers designated to be carried out by the Administrator) may bring a civil action against a person in a district

court of the United States to enforce this part or a requirement

or regulation prescribed, or an order or any term of a certificate

or permit issued, under this part. The action may be brought

in the judicial district in which the person does business or the

violation occurred.

§ 46107. Enforcement by the Attorney General

(a) CIVIL ACTIONS TO ENFORCE SECTION 40106(b).—The Attorney General may bring a civil action in a district court of the

United States against a person to enforce section 40106(b) of this

title. The action may be brought in the judicial district in which

the person does business or the violation occurred.

(b) CIVIL ACTIONS TO ENFORCE THIS PART.—(1) On request

of the Secretary of Transportation (or the Administrator of the

Federal Aviation Administration with respect to aviation safety

duties and powers designated to be carried out by the Administrator), the Attorney General may bring a civil action in an appropriate court—

(A) to enforce this part or a requirement or regulation

prescribed, or an order or any term of a certificate or permit

issued, under this part; and

(B) to prosecute a person violating this part or a requirement or regulation prescribed, or an order or any term of

a certificate or permit issued, under this part.

(2) The costs and expenses of a civil action shall be paid

out of the appropriations for the expenses of the courts of the

United States.

(c) PARTICIPATION OF SECRETARY OR ADMINISTRATOR.—On

request of the Attorney General, the Secretary or Administrator,

as appropriate, may participate in a civil action under this part.

§ 46108. Enforcement of certificate requirements by

interested persons

An interested person may bring a civil action in a district

court of the United States against a person to enforce section

41101(a)(1) of this title. The action may be brought in the judicial

district in which the defendant does business or the violation

occurred.
H. R. 1758—486

§ 46109. Joinder and intervention

A person interested in or affected by a matter under consideration in a proceeding before the Secretary of Transportation or

civil action to enforce this part or a requirement or regulation

prescribed, or an order or any term of a certificate or permit

issued, under this part may be joined as a party or permitted

to intervene in the proceeding or civil action.

§ 46110. Judicial review

(a) FILING AND VENUE.—Except for an order related to a foreign

air carrier subject to disapproval by the President under section

41307 or 41509(f) of this title, a person disclosing a substantial

interest in an order issued by the Secretary of Transportation

(or the Administrator of the Federal Aviation Administration with

respect to aviation safety duties and powers designated to be carried

out by the Administrator) under this part may apply for review

of the order by filing a petition for review in the United States

Court of Appeals for the District of Columbia Circuit or in the

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

the person resides or has its principal place of business. The petition

must be filed not later than 60 days after the order is issued.

The court may allow the petition to be filed after the 60th day

only if there are reasonable grounds for not filing by the 60th

day.

(b) JUDICIAL PROCEDURES.—When a petition is filed under subsection (a) of this section, the clerk of the court immediately shall

send a copy of the petition to the Secretary or Administrator,

as appropriate. The Secretary or Administrator shall file with the

court a record of any proceeding in which the order was issued,

as provided in section 2112 of title 28.

(c) AUTHORITY OF COURT.—When the petition is sent to the

Secretary or Administrator, the court has exclusive jurisdiction

to affirm, amend, modify, or set aside any part of the order and

may order the Secretary or Administrator to conduct further

proceedings. After reasonable notice to the Secretary or Administrator, the court may grant interim relief by staying the order

or taking other appropriate action when good cause for its action

exists. Findings of fact by the Secretary or Administrator, if supported by substantial evidence, are conclusive.

(d) REQUIREMENT FOR PRIOR OBJECTION.—In reviewing an order

under this section, the court may consider an objection to an order

of the Secretary or Administrator only if the objection was made

in the proceeding conducted by the Secretary or Administrator

or if there was a reasonable ground for not making the objection

in the proceeding. (e) SUPREME COURT REVIEW.—A decision by a court under

this section may be reviewed only by the Supreme Court under

section 1254 of title 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.
H. R. 1758—487

46307. Violation of national defense airspace. 46308. Interference with air navigation. 46309. Concession and price 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.

§ 46301. Civil penalties

(a) GENERAL PENALTY.—(1) A person is liable to the United

States Government for a civil penalty of not more than $1,000

for violating—

(A) chapter 401 (except sections 40103(a) and (d), 40105,

40116, and 40117), chapter 411, section 41301–41306, 41308–

41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701,

41702, 41705–41709, 41711, 41712, or 41731–41742, chapter

419, subchapter II of chapter 421, chapter 441 (except section

44109), or section 44701(a) or (b), 44702–44716, 44901, 44903(b)

or (c), 44905, 44906, 44907(d)(1)(B), 44909(a), 44912–44915,

44932–44938, 46302, or 46303 of this title;

(B) a regulation prescribed or order issued under any provision to which clause (A) of this paragraph applies;

(C) any term of a certificate or permit issued under section

41102, 41103, or 41302 of this title; or

(D) a regulation of the United States Postal Service under

this part.

(2) A person operating an aircraft for the transportation of

passengers or property for compensation (except an airman serving

as an airman) is liable to the Government for a civil penalty

of not more than $10,000 for violating—

(A) chapter 401 (except sections 40103(a) and (d), 40105,

40106(b), 40116, and 40117) or section 44701(a) or (b), 44702–

44716, 44901, 44903(b) or (c), 44905, 44906, 44912–44915, or

44932–44938 of this title; or

(B) a regulation prescribed or order issued under any provision to which clause (A) of this paragraph applies.

(3) A civil penalty of not more than $10,000 may be imposed

for each violation under paragraph (1) of this subsection related

to—

(A) the transportation of hazardous material; or

(B) the registration or recordation under chapter 441 of this

title of an aircraft not used to provide air transportation.

(4) A separate violation occurs under this subsection for each

day the violation continues or, if applicable, for each flight involving

the violation.

(b) SMOKE ALARM DEVICE PENALTY.—(1) A passenger may not

tamper with, disable, or destroy a smoke alarm device located

in a lavatory on an aircraft providing air transportation or intrastate air transportation.

(2) An individual violating this subsection is liable to the

Government for a civil penalty of not more than $2,000. (c) PROCEDURAL REQUIREMENTS.—(1) The Secretary of

Transportation may impose a civil penalty for the following violations only after notice and an opportunity for a hearing:

(A) a violation of subsection (b) of this section or chapter

411, section 41301–41306, 41308–41310(a), 41501, 41503,
H. R. 1758—488

41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711,

41712, or 41731–41742, chapter 419, or subchapter II of chapter

421 of this title.

(B) a violation of a regulation prescribed or order issued

under any provision to which clause (A) of this paragraph

applies.

(C) a violation of any term of a certificate or permit issued

under section 41102, 41103, or 41302 of this title.

(D) a violation under subsection (a)(1) of this section related

to the transportation of hazardous material.

(2) The Secretary shall give written notice of the finding of

a violation and the civil penalty under paragraph (1) of this subsection.

(d) ADMINISTRATIVE IMPOSITION OF PENALTIES.—(1) In this subsection—

(A) ‘‘flight engineer’’ means an individual who holds a

flight engineer certificate issued under part 63 of title 14,

Code of Federal Regulations.

(B) ‘‘mechanic’’ means an individual who holds a mechanic

certificate issued under part 65 of title 14, Code of Federal

Regulations.

(C) ‘‘pilot’’ means an individual who holds a pilot certificate

issued under part 61 of title 14, Code of Federal Regulations.

(D) ‘‘repairman’’ means an individual who holds a repairman certificate issued under part 65 of title 14, Code of Federal

Regulations.

(2) The Administrator of the Federal Aviation Administration

may impose a civil penalty for a violation of chapter 401 (except

sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117), chapter 441 (except section 44109), or section 44701(a) or (b), 44702–

44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44912–

44915, 44932–44938, 46302, or 46303 of this title or a regulation

prescribed or order issued under any of those provisions. The

Administrator shall give written notice of the finding of a violation

and the penalty. (3) In a civil action to collect a civil penalty imposed by the

Administrator under this subsection, the issues of liability and

the amount of the penalty may not be reexamined. (4) Notwithstanding paragraph (2) of this subsection, the district courts of the United States have exclusive jurisdiction of a

civil action involving a penalty the Administrator initiates if— (A) the amount in controversy is more than $50,000;

(B) the action is in rem or another action in rem based

on the same violation has been brought; (C) the action involves an aircraft subject to a lien that

has been seized by the Government; or

(D) another action has been brought for an injunction based

on the same violation.

(5)(A) The Administrator may issue an order imposing a penalty

under this subsection against an individual acting as a pilot, flight

engineer, mechanic, or repairman only after advising the individual

of the charges or any reason the Administrator relied on for the

proposed penalty and providing the individual an opportunity to

answer the charges and be heard about why the order shall not

be issued.

(B) An individual acting as a pilot, flight engineer, mechanic,

or repairman may appeal an order imposing a penalty under this
H. R. 1758—489

subsection to the National Transportation Safety Board. After notice

and an opportunity for a hearing on the record, the Board shall

affirm, modify, or reverse the order. The Board may modify a

civil penalty imposed to a suspension or revocation of a certificate.

(C) When conducting a hearing under this paragraph, the Board

is not bound by findings of fact of the Administrator but is bound

by all validly adopted interpretations of laws and regulations the

Administrator carries out and of written agency policy guidance

available to the public related to sanctions to be imposed under

this section unless the Board finds an interpretation is arbitrary,

capricious, or otherwise not according to law.

(D) When an individual files an appeal with the Board under

this paragraph, the order of the Administrator is stayed.

(6) An individual substantially affected by an order of the

Board under paragraph (5) of this subsection, or the Administrator

when the Administrator decides that an order of the Board under

paragraph (5) will have a significant adverse impact on carrying

out this part, may obtain judicial review of the order under section

46110 of this title. The Administrator shall be made a party to

the judicial review proceedings. Findings of fact of the Board are

conclusive if supported by substantial evidence.

(7)(A) The Administrator may impose a penalty on an individual

(except an individual acting as a pilot, flight engineer, mechanic,

or repairman) only after notice and an opportunity for a hearing

on the record.

(B) In an appeal from a decision of an administrative law

judge as the result of a hearing under subparagraph (A) of this

paragraph, the Administrator shall consider only whether— (i) each finding of fact is supported by a preponderance

of reliable, probative, and substantial evidence;

(ii) each conclusion of law is made according to applicable

law, precedent, and public policy; and (iii) the judge committed a prejudicial error that supports

the appeal.

(C) Except for good cause, a civil action involving a penalty

under this paragraph may not be initiated later than 2 years

after the violation occurs.

(8) The maximum civil penalty the Administrator or Board

may impose under this subsection is $50,000. (9) This subsection applies only to a violation occurring after

August 25, 1992. (e) PENALTY CONSIDERATIONS.—In determining the amount of a civil penalty under subsection (a)(3) of this section related to

transportation of hazardous material, the Secretary shall consider— (1) the nature, circumstances, extent, and gravity of the

violation;

(2) with respect to the violator, the degree of culpability,

any history of prior violations, the ability to pay, and any

effect on the ability to continue doing business; and

(3) other matters that justice requires.

(f) COMPROMISE AND SETOFF.—(1)(A) The Secretary may compromise the amount of a civil penalty imposed for violating—

(i) chapter 401 (except sections 40103(a) and (d), 40105,

40116, and 40117), chapter 441 (except section 44109), or section 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905,

44906, 44907(d)(1)(B), 44912–44915, or 44932–44938 of this

title; or
H. R. 1758—490

(ii) a regulation prescribed or order issued under any provision to which clause (i) of this subparagraph applies.

(B) The Postal Service may compromise the amount of a civil

penalty imposed under subsection (a)(1)(D) of this section.

(2) The Government may deduct the amount of a civil penalty

imposed or compromised under this subsection from amounts it

owes the person liable for the penalty.

(g) JUDICIAL REVIEW.—An order of the Secretary imposing a

civil penalty may be reviewed judicially only under section 46110

of this title.

(h) NONAPPLICATION.—(1) This section does not apply to the

following when performing official duties:

(A) a member of the armed forces of the United States.

(B) a civilian employee of the Department of Defense subject to the Uniform Code of Military Justice.

(2) The appropriate military authority is responsible for taking

necessary disciplinary action and submitting to the Secretary (or

the Administrator with respect to aviation safety duties and powers

designated to be carried out by the Administrator) a timely report

on action taken.

§ 46302. False information

(a) CIVIL PENALTY.—A person that, knowing the information

to be false, gives, or causes to be given, under circumstances in

which the information reasonably may be believed, false information

about an alleged attempt being made or to be made to do an

act that would violate section 46502(a), 46504, 46505, or 46506

of this title, is liable to the United States Government for a civil

penalty of not more than $10,000 for each violation. (b) COMPROMISE AND SETOFF.—(1) The Secretary of Transportation may compromise the amount of a civil penalty imposed

under subsection (a) of this section.

(2) The Government may deduct the amount of a civil penalty

imposed or compromised under this section from amounts it owes

the person liable for the penalty.

§ 46303. Carrying a weapon

(a) CIVIL PENALTY.—An individual who, when on, or attempting

to board, an aircraft in, or intended for operation in, air transportation or intrastate air transportation, has on or about the individual or the property of the individual a concealed dangerous weapon

that is or would be accessible to the individual in flight is liable

to the United States Government for a civil penalty of not more

than $10,000 for each violation.

(b) COMPROMISE AND SETOFF.—(1) The Secretary of Transportation may compromise the amount of a civil penalty imposed

under subsection (a) of this section.

(2) The Government may deduct the amount of a civil penalty

imposed or compromised under this section from amounts it owes

the individual liable for the penalty.

(c) NONAPPLICATION.—This section does not apply to—

(1) a law enforcement officer of a State or political subdivision of a State, or an officer or employee of the Government,

authorized to carry arms in an official capacity; or

(2) another individual the Administrator of the Federal

Aviation Administration by regulation authorizes to carry arms

in an official capacity.
H. R. 1758—491

§ 46304. Liens on aircraft

(a) AIRCRAFT SUBJECT TO LIENS.—When an aircraft is involved

in a violation referred to in section 46301(a)(1)(A)–(C), (2), or (3)

of this title and the violation is by the owner of, or individual

commanding, the aircraft, the aircraft is subject to a lien for the

civil penalty. (b) SEIZURE.—An aircraft subject to a lien under this section may be seized summarily and placed in the custody of a person

authorized to take custody of it under regulations of the Secretary

of Transportation (or the Administrator of the Federal Aviation

Administration with respect to aviation safety duties and powers

designated to be carried out by the Administrator). A report on

the seizure shall be submitted to the Attorney General. The Attorney General promptly shall bring a civil action in rem to enforce

the lien or notify the Secretary or Administrator that the action

will not be brought. (c) RELEASE.—An aircraft seized under subsection (b) of this

section shall be released from custody when— (1) the civil penalty is paid;

(2) a compromise amount agreed on is paid;

(3) the aircraft is seized under a civil action in rem to

enforce the lien;

(4) the Attorney General gives notice that a civil action will not be brought under subsection (b) of this section; or (5) a bond (in an amount and with a surety the Secretary

or Administrator prescribes), conditioned on payment of the

penalty or compromise, is deposited with the Secretary or

Administrator.

§ 46305. Actions to recover civil penalties

A civil penalty under this chapter may be collected by bringing

a civil action against the person subject to the penalty, a civil

action in rem against an aircraft subject to a lien for a penalty,

or both. The action shall conform as nearly as practicable to a

civil action in admiralty, regardless of the place an aircraft in

a civil action in rem is seized. However, a party may demand

a jury trial of an issue of fact in an action involving a civil penalty

under this chapter (except a penalty imposed by the Secretary

of Transportation that formerly was imposed by the Civil Aeronautics Board) if the value of the matter in controversy is more

than $20. Issues of fact tried by a jury may be reexamined only

under common law rules.

§ 46306. Registration violations involving aircraft not

providing air transportation

(a) APPLICATION.—This section applies only to aircraft not used

to provide air transportation.

(b) GENERAL CRIMINAL PENALTY.—Except as provided by sub- section (c) of this section, a person shall be fined under title 18,

imprisoned for not more than 3 years, or both, if the person— (1) knowingly and willfully forges or alters a certificate

authorized to be issued under this part;

(2) knowingly sells, uses, attempts to use, or possesses

with the intent to use, such a certificate;

(3) knowingly and willfully displays or causes to be displayed on an aircraft a mark that is false or misleading about

the nationality or registration of the aircraft;
H. R. 1758—492

(4) obtains a certificate authorized to be issued under this

part by knowingly and willfully falsifying or concealing a material fact, making a false, fictitious, or fraudulent statement,

or making or using a false document knowing it contains a

false, fictitious, or fraudulent statement or entry;

(5) owns an aircraft eligible for registration under section

44102 of this title and knowingly and willfully operates,

attempts to operate, or allows another person to operate the

aircraft when—

(A) the aircraft is not registered under section 44103

of this title or the certificate of registration is suspended

or revoked; or

(B) the owner knows or has reason to know that the

other person does not have proper authorization to operate

or navigate the aircraft without registration for a period

of time after transfer of ownership;

(6) knowingly and willfully operates or attempts to operate

an aircraft eligible for registration under section 44102 of this

title knowing that—

(A) the aircraft is not registered under section 44103

of this title;

(B) the certificate of registration is suspended or

revoked; or

(C) the person does not have proper authorization to

operate or navigate the aircraft without registration for

a period of time after transfer of ownership;

(7) knowingly and willfully serves or attempts to serve

in any capacity as an airman without an airman’s certificate

authorizing the individual to serve in that capacity;

(8) knowingly and willfully employs for service or uses

in any capacity as an airman an individual who does not

have an airman’s certificate authorizing the individual to serve

in that capacity; or

(9) operates an aircraft with a fuel tank or fuel system

that has been installed or modified knowing that the tank,

system, installation, or modification does not comply with regulations and requirements of the Administrator of the Federal

Aviation Administration.

(c) CONTROLLED SUBSTANCE CRIMINAL PENALTY.—(1) In this

subsection, ‘‘controlled substance’’ has the same meaning given

that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).

(2) A person violating subsection (b) of this section shall be

fined under title 18, imprisoned for not more than 5 years, or

both, if the violation is related to transporting a controlled substance

by aircraft or aiding or facilitating a controlled substance violation

and the transporting, aiding, or facilitating—

(A) is punishable by death or imprisonment of more than

one year under a law of the United States or a State; or

(B) provided is related to an act punishable by death or

imprisonment for more than one year under a law of the United

States or a State related to a controlled substance (except

a law related to simple possession of a controlled substance).

(3) A term of imprisonment imposed under paragraph (2) of

this subsection shall be served in addition to, and not concurrently

with, any other term of imprisonment imposed on the individual.
H. R. 1758—493

(d) SEIZURE AND FORFEITURE.—(1) The Administrator of Drug

Enforcement or the Commissioner of Customs may seize and forfeit

under the customs laws an aircraft whose use is related to a

violation of subsection (b) of this section, or to aid or facilitate

a violation, regardless of whether a person is charged with the

violation.

(2) An aircraft’s use is presumed to have been related to a

violation of, or to aid or facilitate a violation of—

(A) subsection (b)(1) of this section if the aircraft certificate

of registration has been forged or altered;

(B) subsection (b)(3) of this section if there is an external

display of false or misleading registration numbers or country

of registration;

(C) subsection (b)(4) of this section if—

(i) the aircraft is registered to a false or fictitious

person; or

(ii) the application form used to obtain the aircraft

certificate of registration contains a material false statement;

(D) subsection (b)(5) of this section if the aircraft was

operated when it was not registered under section 44103 of

this title; or

(E) subsection (b)(9) of this section if the aircraft has a

fuel tank or fuel system that was installed or altered—

(i) in violation of a regulation or requirement of the

Administrator of the Federal Aviation Administration; or

(ii) if a certificate required to be issued for the installation or alteration is not carried on the aircraft.

(3) The Administrator of the Federal Aviation Administration,

the Administrator of Drug Enforcement, and the Commissioner

shall agree to a memorandum of understanding to establish procedures to carry out this subsection. (e) RELATIONSHIP TO STATE LAWS.—This part does not prevent

a State from establishing a criminal penalty, including providing

for forfeiture and seizure of aircraft, for a person that—

(1) knowingly and willfully forges or alters an aircraft

certificate of registration; (2) knowingly sells, uses, attempts to use, or possesses

with the intent to use, a fraudulent aircraft certificate of registration;

(3) knowingly and willfully displays or causes to be displayed on an aircraft a mark that is false or misleading about

the nationality or registration of the aircraft; or (4) obtains an aircraft certificate of registration from the

Administrator of the Federal Aviation Administration by—

(A) knowingly and willfully falsifying or concealing

a material fact;

(B) making a false, fictitious, or fraudulent statement;

or

(C) making or using a false document knowing it contains a false, fictitious, or fraudulent statement or entry.

§ 46307. Violation of national defense airspace

A person that knowingly or willfully violates section 40103(b)(3)

of this title or a regulation prescribed or order issued under section

40103(b)(3) shall be fined under title 18, imprisoned for not more

than one year, or both.
H. R. 1758—494

§ 46308. Interference with air navigation

A person shall be fined under title 18, imprisoned for not

more than 5 years, or both, if the person—

(1) with intent to interfere with air navigation in the United

States, exhibits in the United States a light or signal at a

place or in a way likely to be mistaken for a true light or

signal established under this part or for a true light or signal

used at an air navigation facility;

(2) after a warning from the Administrator of the Federal

Aviation Administration, continues to maintain a misleading

light or signal; or

(3) knowingly interferes with the operation of a true light

or signal.

§ 46309. Concession and price violations

(a) CRIMINAL PENALTY FOR OFFERING, GRANTING, GIVING, OR

HELPING TO OBTAIN CONCESSIONS AND LOWER PRICES.—An air

carrier, foreign air carrier, ticket agent, or officer, agent, or

employee of an air carrier, foreign air carrier, or ticket agent shall

be fined under title 18 if the air carrier, foreign air carrier, ticket

agent, officer, agent, or employee—

(1) knowingly and willfully offers, grants, or gives, or causes

to be offered, granted, or given, a rebate or other concession

in violation of this part; or

(2) by any means knowingly and willfully assists, or willingly allows, a person to obtain transportation or services subject to this part at less than the price lawfully in effect.

(b) CRIMINAL PENALTY FOR RECEIVING REBATES, PRIVILEGES,

AND FACILITIES.—A person shall be fined under title 18 if the

person by any means—

(1) knowingly and willfully solicits, accepts, or receives

a rebate of a part of a price lawfully in effect for the foreign

air transportation of property, or a service related to the foreign

air transportation; or

(2) knowingly solicits, accepts, or receives a privilege or

facility related to a matter the Secretary of Transportation

requires be specified in a currently effective tariff applicable

to the foreign air transportation of property.

§ 46310. Reporting and recordkeeping violations

(a) GENERAL CRIMINAL PENALTY.—An air carrier or an officer,

agent, or employee of an air carrier shall be fined under title

18 for intentionally—

(1) failing to make a report or keep a record under this

part;

(2) falsifying, mutilating, or altering a report or record

under this part; or

(3) filing a false report or record under this part.

(b) SAFETY REGULATION CRIMINAL PENALTY.—An air carrier

or an officer, agent, or employee of an air carrier shall be fined

under title 18, imprisoned for not more than 5 years, or both,

for intentionally falsifying or concealing a material fact, or inducing

reliance on a false statement of material fact, in a report or record

under section 44701(a) or (b) or 44702–44716 of this title.
H. R. 1758—495

§ 46311. Unlawful disclosure of information

(a) CRIMINAL PENALTY.—The Secretary of Transportation, the Administrator of the Federal Aviation Administration with respect

to aviation safety duties and powers designated to be carried out

by the Administrator, or an officer or employee of the Secretary

or Administrator shall be fined under title 18, imprisoned for not

more than 2 years, or both, if the Secretary, Administrator, officer,

or employee knowingly and willfully discloses information that— (1) the Secretary, Administrator, officer, or employee acquires when inspecting the records of an air carrier; or (2) is withheld from public disclosure under section 40115

of this title.

(b) NONAPPLICATION.—Subsection (a) of this section does not

apply if—(1) the officer or employee is directed by the Secretary or Administrator to disclose information that the Secretary

or Administrator had ordered withheld; or

(2) the Secretary, Administrator, officer, or employee is

directed by a court of competent jurisdiction to disclose the

information.

(c) WITHHOLDING INFORMATION FROM CONGRESS.—This section

does not authorize the Secretary or Administrator to withhold

information from a committee of Congress authorized to have the

information.

§ 46312. Transporting hazardous material

A person shall be fined under title 18, imprisoned for not

more than 5 years, or both, if the person, in violation of a regulation

or requirement related to the transportation of hazardous material

prescribed by the Secretary of Transportation under this part—

(1) willfully delivers, or causes to be delivered, property

containing hazardous material to an air carrier or to an operator of a civil aircraft for transportation in air commerce; or

(2) recklessly causes the transportation in air commerce

of the property.

§ 46313. Refusing to appear or produce records

A person not obeying a subpena or requirement of the Secretary

of Transportation (or the Administrator of the Federal Aviation

Administration with respect to aviation safety duties and powers

designated to be carried out by the Administrator) to appear and

testify or produce records shall be fined under title 18, imprisoned

for not more than one year, or both.

§ 46314. Entering aircraft or airport area in violation of security requirements

(a) PROHIBITION.—A person may not knowingly and willfully

enter, in violation of security requirements prescribed under section

44901, 44903(b) or (c), or 44906 of this title, an aircraft or an

airport area that serves an air carrier or foreign air carrier. (b) CRIMINAL PENALTY.—(1) A person violating subsection (a)

of this section shall be fined under title 18, imprisoned for not

more than one year, or both.

(2) A person violating subsection (a) of this section with intent

to commit, in the aircraft or airport area, a felony under a law

of the United States or a State shall be fined under title 18,

imprisoned for not more than 10 years, or both.
H. R. 1758—496

§ 46315. Lighting violations involving transporting controlled substances by aircraft not providing air

transportation

(a) APPLICATION.—This section applies only to aircraft not used

to provide air transportation.

(b) CRIMINAL PENALTY.—A person shall be fined under title

18, imprisoned for not more than 5 years, or both, if—

(1) the person knowingly and willfully operates an aircraft

in violation of a regulation or requirement of the Administrator

of the Federal Aviation Administration related to the display

of navigation or anticollision lights;

(2) the person is knowingly transporting a controlled substance by aircraft or aiding or facilitating a controlled substance

offense; and

(3) the transporting, aiding, or facilitating—

(A) is punishable by death or imprisonment for more

than one year under a law of the United States or a

State; or

(B) is provided in connection with an act punishable

by death or imprisonment for more than one year under

a law of the United States or a State related to a controlled

substance (except a law related to simple possession of

a controlled substance).

§ 46316. General criminal penalty when specific penalty not

provided

(a) CRIMINAL PENALTY.—Except as provided by subsection (b)

of this section, when another criminal penalty is not provided

under this chapter, a person that knowingly and willfully violates

this part, a regulation prescribed or order issued by the Secretary

of Transportation (or the Administrator of the Federal Aviation

Administration with respect to aviation safety duties and powers

designated to be carried out by the Administrator) under this part,

or any term of a certificate or permit issued under section 41102,

41103, or 41302 of this title shall be fined under title 18. A separate

violation occurs for each day the violation continues.

(b) NONAPPLICATION.—Subsection (a) of this section does not

apply to chapter 401 (except sections 40103(a) and (d), 40105,

40116, and 40117), chapter 441 (except section 44109), chapter

445, and sections 44701(a) and (b), 44702–44716, 44901, 44903(b)

and (c), 44905, 44906, 44912–44915, and 44932–44938 of this title.

CHAPTER 465—SPECIAL AIRCRAFT JURISDICTION OF

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.

§ 46501. Definitions

In this chapter—

(1) ‘‘aircraft in flight’’ means an aircraft from the moment

all external doors are closed following boarding—
H. R. 1758—497

(A) through the moment when one external door is

opened to allow passengers to leave the aircraft; or

(B) until, if a forced landing, competent authorities

take over responsibility for the aircraft and individuals

and property on the aircraft.

(2) ‘‘special aircraft jurisdiction of the United States’’

includes any of the following aircraft in flight:

(A) a civil aircraft of the United States.

(B) an aircraft of the armed forces of the United States.

(C) another aircraft in the United States.

(D) another aircraft outside the United States—

(i) that has its next scheduled destination or last

place of departure in the United States, if the aircraft

next lands in the United States;

(ii) on which an individual commits an offense

(as defined in the Convention for the Suppression of

Unlawful Seizure of Aircraft) if the aircraft lands in

the United States with the individual still on the aircraft; or

(iii) against which an individual commits an

offense (as defined in subsection (d) or (e) of article

I, section I of the Convention for the Suppression of

Unlawful Acts against the Safety of Civil Aviation)

if the aircraft lands in the United States with the

individual still on the aircraft.

(E) any other aircraft leased without crew to a lessee

whose principal place of business is in the United States

or, if the lessee does not have a principal place of business,

whose permanent residence is in the United States.

(3) an individual commits an offense (as defined in the

Convention for the Suppression of Unlawful Seizure of Aircraft)

when the individual, when on an aircraft in flight—

(A) by any form of intimidation, unlawfully seizes,

exercises control of, or attempts to seize or exercise control

of, the aircraft; or

(B) is an accomplice of an individual referred to in

subclause (A) of this clause.

§ 46502. Aircraft piracy

(a) IN SPECIAL AIRCRAFT JURISDICTION.—(1) In this subsection—

(A) ‘‘aircraft piracy’’ means seizing or exercising control

of an aircraft in the special aircraft jurisdiction of the United

States by force, violence, threat of force or violence, or any

form of intimidation, and with wrongful intent.

(B) an attempt to commit aircraft piracy is in the special

aircraft jurisdiction of the United States although the aircraft

is not in flight at the time of the attempt if the aircraft

would have been in the special aircraft jurisdiction of the United

States had the aircraft piracy been completed.

(2) An individual committing or attempting to commit aircraft

piracy—

(A) shall be imprisoned for at least 20 years; or

(B) if the death of another individual results from the

commission or attempt, shall be put to death or imprisoned

for life.
H. R. 1758—498

(b) OUTSIDE SPECIAL AIRCRAFT JURISDICTION.—(1) An individual committing an offense (as defined in the Convention for the

Suppression of Unlawful Seizure of Aircraft) on an aircraft in flight

outside the special aircraft jurisdiction of the United States and

later found in the United States—

(A) shall be imprisoned for at least 20 years; or

(B) if the death of another individual results from the

commission or attempt, shall be put to death or imprisoned

for life.

(2) This subsection applies only if the place of takeoff or landing

of the aircraft on which the individual commits the offense is

located outside the territory of the country of registration of the

aircraft.

§ 46503. Death penalty sentencing procedure for aircraft

piracy

(a) GOVERNMENT STIPULATIONS.—An individual convicted of violating section 46502 of this title may not be sentenced to death

if the United States Government stipulates that at least one of

the mitigating factors specified in subsection (c)(1) of this section

exists or none of the aggravating factors specified in subsection

(c)(2) of this section exists. If the Government does not stipulate,

the judge presiding at the trial or accepting the guilty plea of

the individual shall hold a separate hearing to decide on the punishment to be imposed.

(b) PUNISHMENT HEARINGS.—(1) The hearing under this section

shall be conducted—

(A) before the jury that found the defendant guilty;

(B) before a jury impaneled for the hearing when—

(i) the defendant was convicted by a guilty plea;

(ii) the defendant was convicted by a judge without

a jury; or

(iii) the jury finding the defendant guilty was discharged by the judge for good cause; or

(C) before the judge, on motion of the defendant and with

the approval of the judge and the Government.

(2) At the hearing, the judge shall disclose to the defendant

or counsel for the defendant all material contained in any

presentence report, except material the judge decides is required

to be withheld to protect human life or national security.

Presentence information withheld from the defendant may not be

considered in deciding whether the factors specified in subsection

(c) of this section exist.

(3) Information relevant to the mitigating factors specified in

subsection (c)(1) of this section may be presented by the Government

or the defendant without regard to the rules governing the

admissibility of evidence at criminal trials. The burden of establishing the existence of a mitigating factor specified in subsection

(c)(1) is on the defendant.

(4) Information relevant to the aggravating factors specified

in subsection (c)(2) of this section is admissible only under rules

governing the admissibility of evidence at criminal trials. The burden of establishing the existence of an aggravating factor specified

in subsection (c)(2) is on the Government.

(5) The Government and the defendant may rebut information

presented at the hearing. They shall be given an opportunity to
H. R. 1758—499

present arguments on the adequacy of the information to establish

the existence of the factors specified in subsection (c) of this section.

(c) MITIGATING AND AGGRAVATING FACTORS.—(1) The judge may

not impose the death penalty on a defendant if the jury or, if

there is no jury, the judge finds under this section that at the

time of the violation of section 46502 of this title—

(A) the defendant was not yet 18 years of age;

(B) the capacity of the defendant to appreciate the

wrongfulness of the defendant’s conduct or to conform the

defendant’s conduct to the requirements of law was impaired

significantly, but the capacity was not impaired sufficiently

to be a defense to prosecution;

(C) the defendant was under unusual and substantial

duress, but the duress was not sufficient to be a defense to

prosecution;

(D) the defendant was a principal (as defined in section

2(a) of title 18) in a violation committed by another individual,

but the participation of the defendant was relatively minor,

although not sufficiently minor to be a defense to prosecution;

or

(E) the defendant reasonably could not have foreseen that

the conduct of the defendant in the violation would cause

or create a grave risk of causing death to another individual.

(2) If none of the factors specified in paragraph (1) of this

subsection exists, the judge shall impose the death penalty on

the defendant if the jury or, if there is no jury, the judge finds

under this section that—

(A) the death of another individual resulted from the violation after the defendant had seized or exercised control of

the aircraft; or

(B) the death of another individual resulted from the violation and—

(i) the defendant has been convicted of another United

States or State offense (committed before or at the time

of the violation) for which punishment of life imprisonment

or death could be imposed;

(ii) the defendant has been convicted of at least 2

United States or State offenses with a penalty of more

than one year of imprisonment (committed on different

occasions before the time of the violation) that involved

inflicting serious bodily injury on another individual;

(iii) in committing the violation, the defendant knowingly created a grave risk of death to an individual in

addition to the individual whose death resulted from the

violation; or

(iv) the defendant committed the violation in an especially heinous, cruel, or depraved manner.

(d) DEATH PENALTY REQUIREMENTS.—(1) If the jury or, if there

is no jury, the judge finds by a preponderance of the information

that none of the mitigating factors specified in subsection (c)(1)

of this section exists and that at least one of the aggravating

factors specified in subsection (c)(2) of this section exists, the judge

shall impose the death penalty on the defendant. If the jury or

judge finds that at least one of the mitigating factors specified

in subsection (c)(1) exists, or that none of the aggravating factors

specified in subsection (c)(2) exists, the judge may not impose the
H. R. 1758—500

death penalty on the defendant but shall impose another penalty

provided for the defendant’s violation of section 46502 of this title.

(2) The jury or, if there is no jury, the judge shall return

a special verdict containing findings on whether each of the factors

specified in subsection (c) of this section exists.

§ 46504. Interference with flight crew members and attendants

An individual on an aircraft in the special aircraft jurisdiction

of the United States who, by assaulting or intimidating a flight

crew member or flight attendant of the aircraft, interferes with

the performance of the duties of the member or attendant or lessens

the ability of the member or attendant to perform those duties,

shall be fined under title 18, imprisoned for not more than 20

years, or both. However, if a dangerous weapon is used in assaulting

or intimidating the member or attendant, the individual shall be

imprisoned for any term of years or for life.

§ 46505. Carrying a weapon or explosive on an aircraft

(a) DEFINITION.—In this section, ‘‘loaded firearm’’ means a

starter gun or a weapon designed or converted to expel a projectile

through an explosive, that has a cartridge, a detonator, or powder

in the chamber, magazine, cylinder, or clip.

(b) GENERAL CRIMINAL PENALTY.—An individual shall be fined

under title 18, imprisoned for not more than one year, or both,

if the individual—

(1) when on, or attempting to get on, an aircraft in, or

intended for operation in, air transportation or intrastate air

transportation, has on or about the individual or the property

of the individual a concealed dangerous weapon that is or

would be accessible to the individual in flight;

(2) has placed, attempted to place, or attempted to have

placed a loaded firearm on that aircraft in property not accessible to passengers in flight; or

(3) has on or about the individual, or has placed, attempted

to place, or attempted to have placed on that aircraft, an

explosive or incendiary device.

(c) CRIMINAL PENALTY INVOLVING DISREGARD FOR HUMAN

LIFE.—An individual who willfully and without regard for the safety

of human life, or with reckless disregard for the safety of human

life, violates subsection (b) of this section, shall be fined under

title 18, imprisoned for not more than 5 years, or both.

(d) NONAPPLICATION.—Subsection (b)(1) of this section does not

apply to—

(1) a law enforcement officer of a State or political subdivision of a State, or an officer or employee of the United States

Government, authorized to carry arms in an official capacity;

(2) another individual the Administrator of the Federal

Aviation Administration by regulation authorizes to carry a

dangerous weapon in air transportation or intrastate air

transportation; or

(3) an individual transporting a weapon (except a loaded

firearm) in baggage not accessible to a passenger in flight

if the air carrier was informed of the presence of the weapon.
H. R. 1758—501

§ 46506. Application of certain criminal laws to acts on aircraft

An individual on an aircraft in the special aircraft jurisdiction

of the United States who commits an act that—

(1) if committed in the special maritime and territorial

jurisdiction of the United States (as defined in section 7 of

title 18) would violate section 113, 114, 661, 662, 1111, 1112,

1113, or 2111 or chapter 109A of title 18, shall be fined under

title 18, imprisoned under that section or chapter, or both;

or

(2) if committed in the District of Columbia would violate

section 9 of the Act of July 29, 1892 (D.C. Code §22-1112),

shall be fined under title 18, imprisoned under section 9 of

the Act, or both.

§ 46507. False information and threats

An individual shall be fined under title 18, imprisoned for

not more than 5 years, or both, if the individual— (1) knowing the information to be false, willfully and maliciously or with reckless disregard for the safety of human

life, gives, or causes to be given, under circumstances in which

the information reasonably may be believed, false information

about an alleged attempt being made or to be made to do

an act that would violate section 46502(a), 46504, 46505, or

46506 of this title; or

(2)(A) threatens to violate section 46502(a), 46504, 46505,

or 46506 of this title, or causes a threat to violate any of

those sections to be made; and

(B) has the apparent determination and will to carry out

the threat.

PART B—AIRPORT DEVELOPMENT AND NOISE

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.
H. R. 1758—502

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.

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.

SUBCHAPTER I—AIRPORT IMPROVEMENT

§ 47101. Policies

(a) GENERAL.—It is the policy of the United States— (1) that the safe operation of the airport and airway system is the highest aviation priority; (2) that aviation facilities be constructed and operated to

minimize current and projected noise impact on nearby communities;

(3) to give special emphasis to developing reliever airports;

(4) that appropriate provisions should be made to make

the development and enhancement of cargo hub airports easier; (5) to encourage the development of transportation systems that use various modes of transportation in a way that will

serve the States and local communities efficiently and effectively; (6) that airport development projects under this subchapter provide for the protection and enhancement of natural resources

and the quality of the environment of the United States; (7) that airport construction and improvement projects that increase the capacity of facilities to accommodate passenger

and cargo traffic be undertaken to the maximum feasible extent

so that safety and efficiency increase and delays decrease; (8) to ensure that nonaviation usage of the navigable air- space be accommodated but not allowed to decrease the safety

and capacity of the airspace and airport system; (9) that artificial restrictions on airport capacity— (A) are not in the public interest;

(B) should be imposed to alleviate air traffic delays only after other reasonably available and less burdensome

alternatives have been tried; and

(C) should not discriminate unjustly between categories and classes of aircraft; and

(10) that special emphasis should be placed on converting appropriate former military air bases to civil use and identifying

and improving additional joint-use facilities.

(b) NATIONAL TRANSPORTATION POLICY.—(1) It is a goal of the

United States to develop a national intermodal transportation system that transports passengers and property in an efficient manner.

The future economic direction of the United States depends on

its ability to confront directly the enormous challenges of the global

economy, declining productivity growth, energy vulnerability, air

pollution, and the need to rebuild the infrastructure of the United

States.

(2) United States leadership in the world economy, the expanding wealth of the United States, the competitiveness of the industry

of the United States, the standard of living, and the quality of

life are at stake.
H. R. 1758—503

(3) A national intermodal transportation system is a coordinated, flexible network of diverse but complementary forms of

transportation that transports passengers and property in the most

efficient manner. By reducing transportation costs, these intermodal

systems will enhance the ability of the industry of the United

States to compete in the global marketplace.

(4) All forms of transportation, including aviation and other

transportation systems of the future, will be full partners in the

effort to reduce energy consumption and air pollution while promoting economic development.

(5) An intermodal transportation system consists of transportation hubs that connect different forms of appropriate transportation and provides users with the most efficient means of

transportation and with access to commercial centers, business

locations, population centers, and the vast rural areas of the United

States, as well as providing links to other forms of transportation

and to intercity connections.

(6) Intermodality and flexibility are paramount issues in the

process of developing an integrated system that will obtain the

optimum yield of United States resources.

(7) The United States transportation infrastructure must be

reshaped to provide the economic underpinnings for the United

States to compete in the 21st century global economy. The United

States can no longer rely on the sheer size of its economy to

dominate international economic rivals and must recognize fully

that its economy is no longer a separate entity but is part of

the global marketplace. The future economic prosperity of the

United States depends on its ability to compete in an international

marketplace that is teeming with competitors but in which a full

one-quarter of the economic activity of the United States takes

place.

(8) The United States must make a national commitment to

rebuild its infrastructure through development of a national intermodal transportation system. The United States must provide the

foundation for its industries to improve productivity and their ability to compete in the global economy with a system that will

transport passengers and property in an efficient manner. (c) CAPACITY EXPANSION AND NOISE ABATEMENT.—It is in the

public interest to recognize the effects of airport capacity expansion

projects on aircraft noise. Efforts to increase capacity through any

means can have an impact on surrounding communities.

Noncompatible land uses around airports must be reduced and

efforts to mitigate noise must be given a high priority. (d) CONSISTENCY WITH AIR COMMERCE AND SAFETY POLICIES.— Each airport and airway program should be carried out consistently

with section 40101(a), (b), (d), and (f) of this title to foster competition, prevent unfair methods of competition in air transportation,

maintain essential air transportation, and prevent unjust and

discriminatory practices, including as the practices may be applied

between categories and classes of aircraft.

(e) ADEQUACY OF NAVIGATION AIDS AND AIRPORT FACILITIES.—

This subchapter should be carried out to provide adequate navigation aids and airport facilities for places at which scheduled commercial air service is provided. The facilities provided may include—

(1) reliever airports; and

(2) heliports designated by the Secretary of Transportation

to relieve congestion at commercial service airports by diverting
H. R. 1758—504

aircraft passengers from fixed-wing aircraft to helicopter carriers.

(f) MAXIMUM USE OF SAFETY FACILITIES.—This subchapter

should be carried out consistently with a comprehensive airspace

system plan, giving highest priority to commercial service airports,

to maximize the use of safety facilities, including installing, operating, and maintaining, to the extent possible with available money

and considering other safety needs—

(1) electronic or visual vertical guidance on each runway;

(2) grooving or friction treatment of each primary and

secondary runway;

(3) distance-to-go signs for each primary and secondary

runway;

(4) a precision approach system, a vertical visual guidance

system, and a full approach light system for each primary

runway;

(5) a nonprecision instrument approach for each secondary

runway;

(6) runway end identifier lights on each runway that does

not have an approach light system;

(7) a surface movement radar system at each category

III airport;

(8) a taxiway lighting and sign system;

(9) runway edge lighting and marking; and

(10) radar approach coverage for each airport terminal

area.

(g) COOPERATION.—To carry out the policy of subsection (a)(5)

of this section, the Secretary of Transportation shall cooperate

with State and local officials in developing airport plans and programs that are based on overall transportation needs. The airport

plans and programs shall be developed in coordination with other

transportation planning and considering comprehensive long-range

land-use plans and overall social, economic, environmental, system

performance, and energy conservation objectives. The process of

developing airport plans and programs shall be continuing, cooperative, and comprehensive to the degree appropriate to the complexity

of the transportation problems.

(h) CONSULTATION.—To carry out the policy of subsection (a)(6)

of this section, the Secretary of Transportation shall consult with

the Secretary of the Interior and the Administrator of the Environmental Protection Agency about any project included in a project

grant application involving the location of an airport or runway,

or a major runway extension, that may have a significant effect

on—

(1) natural resources, including fish and wildlife;

(2) natural, scenic, and recreation assets;

(3) water and air quality; or

(4) another factor affecting the environment.

§ 47102. Definitions

In this subchapter—

(1) ‘‘air carrier airport’’ means a public airport regularly

served by—

(A) an air carrier certificated by the Secretary of

Transportation under section 41102 of this title (except

a charter air carrier); or

(B) at least one air carrier—
H. R. 1758—505

(i) operating under an exemption from section

41101(a)(1) of this title that the Secretary grants; and

(ii) having at least 2,500 passenger boardings at

the airport during the prior calendar year.

(2) ‘‘airport’’—

(A) means—

(i) an area of land or water used or intended

to be used for the landing and taking off of aircraft;

(ii) an appurtenant area used or intended to be

used for airport buildings or other airport facilities

or rights of way; and

(iii) airport buildings and facilities located in any

of those areas; and

(B) includes a heliport.

(3) ‘‘airport development’’ means the following activities,

if undertaken by the sponsor, owner, or operator of a publicuse airport:

(A) constructing, repairing, or improving a public-use

airport, including—

(i) removing, lowering, relocating, marking, and

lighting an airport hazard; and

(ii) preparing a plan or specification, including

carrying out a field investigation.

(B) acquiring for, or installing at, a public-use airport—

(i) a navigation aid or another aid (including a

precision approach system) used by aircraft for landing

at or taking off from the airport, including preparing

the site as required by the acquisition or installation; (ii) safety or security equipment the Secretary

requires by regulation for, or approves as contributing

significantly to, the safety or security of individuals

and property at the airport; (iii) equipment to remove snow, to measure runway

surface friction, or for aviation-related weather reporting; (iv) firefighting and rescue equipment at an airport

that serves scheduled passenger operations of air carrier aircraft designed for more than 20 passenger seats; (v) aircraft deicing equipment and structures (except aircraft deicing fluids and storage facilities for

the equipment and fluids); and

(vi) interactive training systems. (C) acquiring an interest in land or airspace, including

land for future airport development, that is needed—

(i) to carry out airport development described in

subclause (A) or (B) of this clause; or

(ii) to remove or mitigate an existing airport hazard or prevent or limit the creation of a new airport

hazard.

(D) acquiring land for, or constructing, a burn area

training structure on or off the airport to provide live

fire drill training for aircraft rescue and firefighting personnel required to receive the training under regulations the

Secretary prescribes, including basic equipment and minimum structures to support the training under standards

the Administrator of the Federal Aviation Administration

prescribes.
H. R. 1758—506

(E) relocating after December 31, 1991, an air traffic

control tower and any navigational aid (including radar)

if the relocation is necessary to carry out a project approved

by the Secretary under this subchapter.

(F) constructing, reconstructing, repairing, or improving an airport, or purchasing capital equipment for an

airport, if paid for by a grant under this subchapter and

necessary for compliance with the responsibilities of the

operator or owner of the airport under the Americans with

Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the

Clean Air Act (42 U.S.C. 7401 et seq.), and the Federal

Water Pollution Control Act (33 U.S.C. 1251 et seq.), except

constructing or purchasing capital equipment that would

benefit primarily a revenue-producing area of the airport

used by a nonaeronautical business.

(G) acquiring land for, or work necessary to construct,

a pad suitable for deicing aircraft before takeoff at a

commercial service airport, including constructing or

reconstructing paved areas, drainage collection structures,

treatment and discharge systems, appropriate lighting,

paved access for deicing vehicles and aircraft, but not

including acquiring aircraft deicing fluids or constructing

or reconstructing storage facilities for aircraft deicing

equipment or fluids.

(4) ‘‘airport hazard’’ means a structure or object of natural

growth located on or near a public-use airport, or a use of

land near the airport, that obstructs or otherwise is hazardous

to the landing or taking off of aircraft at or from the airport.

(5) ‘‘airport planning’’ means planning as defined by regulations the Secretary prescribes and includes integrated airport

system planning.

(6) ‘‘amount made available under section 48103 of this

title’’ means the amount authorized for grants under section

48103 of this title as reduced by any law enacted after September 3, 1982.

(7) ‘‘commercial service airport’’ means a public airport

in a State that the Secretary determines has at least 2,500

passenger boardings each year and is receiving scheduled passenger aircraft service.

(8) ‘‘integrated airport system planning’’ means developing

for planning purposes information and guidance to decide the

extent, kind, location, and timing of airport development needed

in a specific area to establish a viable, balanced, and integrated

system of public-use airports, including—

(A) identifying system needs;

(B) developing an estimate of systemwide development

costs;

(C) conducting studies, surveys, and other planning

actions, including those related to airport access, needed

to decide which aeronautical needs should be met by a

system of airports; and

(D) standards prescribed by a State, except standards

for safety of approaches, for airport development at

nonprimary public-use airports.

(9) ‘‘landed weight’’ means the weight of aircraft transporting only cargo in intrastate, interstate, and foreign air transpor-
H. R. 1758—507

tation, as the Secretary determines under regulations the Secretary prescribes.

(10) ‘‘passenger boardings’’—

(A) means revenue passenger boardings on an aircraft

in service in air commerce as the Secretary determines

under regulations the Secretary prescribes; and

(B) includes passengers who continue on an aircraft

in international flight that stops at an airport in the 48

contiguous States, Alaska, or Hawaii for a nontraffic purpose.

(11) ‘‘primary airport’’ means a commercial service airport

the Secretary determines to have more than 10,000 passenger

boardings each year.

(12) ‘‘project’’ means a project, separate projects included

in one project grant application, or all projects to be undertaken

at an airport in a fiscal year, to achieve airport development

or airport planning.

(13) ‘‘project cost’’ means a cost involved in carrying out

a project.

(14) ‘‘project grant’’ means a grant of money the Secretary

makes to a sponsor to carry out at least one project.

(15) ‘‘public agency’’ means—

(A) a State or political subdivision of a State;

(B) a tax-supported organization; or

(C) an Indian tribe or pueblo.

(16) ‘‘public airport’’ means an airport used or intended

to be used for public purposes—

(A) that is under the control of a public agency; and

(B) of which the area used or intended to be used

for the landing, taking off, or surface maneuvering of aircraft is publicly owned.

(17) ‘‘public-use airport’’ means—

(A) a public airport; or

(B) a privately-owned airport used or intended to be

used for public purposes that is—

(i) a reliever airport; or

(ii) determined by the Secretary to have at least

2,500 passenger boardings each year and to receive

scheduled passenger aircraft service. (18) ‘‘reliever airport’’ means an airport the Secretary designates to relieve congestion at a commercial service airport

and to provide more general aviation access to the overall

community. (19) ‘‘sponsor’’ means—

(A) a public agency that submits to the Secretary under

this subchapter an application for financial assistance; and

(B) a private owner of a public-use airport that submits

to the Secretary under this subchapter an application for

financial assistance for the airport.

(20) ‘‘State’’ means a State of the United States, the District

of Columbia, Puerto Rico, the Virgin Islands, American Samoa,

the Northern Mariana Islands, the Trust Territory of the Pacific

Islands, and Guam.

§ 47103. National plan of integrated airport systems

(a) GENERAL REQUIREMENTS AND CONSIDERATIONS.—The Secretary of Transportation shall maintain the plan for developing
H. R. 1758—508

public-use airports in the United States, named ‘‘the national plan

of integrated airport systems’’. The plan shall include the kind

and estimated cost of eligible airport development the Secretary

of Transportation considers necessary to provide a safe, efficient,

and integrated system of public-use airports adequate to anticipate

and meet the needs of civil aeronautics, to meet the national defense

requirements of the Secretary of Defense, and to meet identified

needs of the United States Postal Service. Airport development

included in the plan may not be limited to meeting the needs

of any particular classes or categories of public-use airports. In

maintaining the plan, the Secretary of Transportation shall consider

the needs of each segment of civil aviation and the relationship

of each airport to—

(1) the rest of the transportation system in the particular

area;

(2) forecasted technological developments in aeronautics;

and

(3) forecasted developments in other modes of intercity

transportation.

(b) SPECIFIC REQUIREMENTS.—In maintaining the plan, the Secretary of Transportation shall—

(1) to the extent possible and as appropriate, consult with

departments, agencies, and instrumentalities of the United

States Government, with public agencies, and with the aviation

community;

(2) consider tall structures that reduce safety or airport

capacity; and

(3) make every reasonable effort to address the needs of

air cargo operations, Short Takeoff and Landing/Very Short

Takeoff and Landing aircraft operations, and rotary wing aircraft operations.

(c) AVAILABILITY OF DOMESTIC MILITARY AIRPORTS AND AIRPORT

FACILITIES.—To the extent possible, the Secretary of Defense shall

make domestic military airports and airport facilities available for

civil use. In advising the Secretary of Transportation under subsection (a) of this section, the Secretary of Defense shall indicate

the extent to which domestic military airports and airport facilities

are available for civil use.

(d) PUBLICATION.—The Secretary of Transportation shall publish the status of the plan every 2 years.

§ 47104. Project grant authority

(a) GENERAL AUTHORITY.—To maintain a safe and efficient

nationwide system of public-use airports that meets the present

and future needs of civil aeronautics, the Secretary of Transportation may make project grants under this subchapter from the

Airport and Airway Trust Fund.

(b) INCURRING OBLIGATIONS.—The Secretary may incur obligations to make grants from amounts made available under section

48103 of this title as soon as the amounts are apportioned under

section 47114(c) and (d)(2) of this title.

(c) EXPIRATION OF AUTHORITY.—After September 30, 1993, the

Secretary may not incur obligations under subsection (b) of this

section, except for obligations of amounts remaining available after

that date under section 47117(b) of this title.
H. R. 1758—509

§ 47105. Project grant applications

(a) SUBMISSION AND CONSULTATION.—(1) An application for a

project grant under this subchapter may be submitted to the Secretary of Transportation by— (A) a sponsor; or

(B) a State, as the only sponsor, for an airport development project benefitting at least 2 airports in the State or for airport

planning for similar projects for at least 2 airports in the

State if—

(i) the sponsor of each airport gives written consent that the State be the applicant; (ii) the Secretary is satisfied there is administrative merit and aeronautical benefit in the State being the sponsor; and

(iii) an acceptable agreement exists that ensures that the State will comply with appropriate grant conditions

and other assurances the Secretary requires. (2) Before deciding to undertake an airport development project at an airport under this subchapter, a sponsor shall consult with

the airport users that will be affected by the project. (3) This subsection does not authorize a public agency that is subject to the laws of a State to apply for a project grant

in violation of a law of the State.

(b) CONTENTS AND FORM.—An application for a project grant under this subchapter— (1) shall describe the project proposed to be undertaken;

(2) may propose a project only for a public-use airport included in the current national plan of integrated airport

systems; (3) may propose airport development only if the develop- ment complies with standards the Secretary prescribes or

approves, including standards for site location, airport layout,

site preparation, paving, lighting, and safety of approaches;

and

(4) shall be in the form and contain other information

the Secretary prescribes.

(c) STATE STANDARDS FOR AIRPORT DEVELOPMENT.—The Secretary may approve standards (except standards for safety of

approaches) that a State prescribes for airport development at

nonprimary public-use airports in the State. On approval under

this subsection, a State’s standards apply to the nonprimary publicuse airports in the State instead of the comparable standards prescribed by the Secretary under subsection (b)(3) of this section.

The Secretary, or the State with the approval of the Secretary,

may revise standards approved under this subsection.

(d) CERTIFICATION OF COMPLIANCE.—The Secretary may require

a sponsor to certify that the sponsor will comply with this subchapter in carrying out the project. The Secretary may rescind

the acceptance of a certification at any time. This subsection does

not affect an obligation or responsibility of the Secretary under

another law of the United States.

(e) NOTIFICATION.—The sponsor of an airport for which an

amount is apportioned under section 47114(c) of this title shall

notify the Secretary of the fiscal year in which the sponsor intends

to submit a project grant application for the apportioned amount.

The notification shall be given by the time and contain the information the Secretary prescribes.
H. R. 1758—510

§ 47106. Project grant application approval conditioned on

satisfaction of project requirements

(a) PROJECT GRANT APPLICATION APPROVAL.—The Secretary of

Transportation may approve an application under this subchapter

for a project grant only if the Secretary is satisfied that—

(1) the project is consistent with plans (existing at the

time the project is approved) of public agencies authorized

by the State in which the airport is located to plan for the

development of the area surrounding the airport;

(2) the project will contribute to carrying out this subchapter;

(3) enough money is available to pay the project costs

that will not be paid by the United States Government under

this subchapter;

(4) the project will be completed without unreasonable

delay; and

(5) the sponsor has authority to carry out the project as

proposed.

(b) AIRPORT DEVELOPMENT PROJECT GRANT APPLICATION

APPROVAL.—The Secretary may approve an application under this

subchapter for an airport development project grant for an airport

only if the Secretary is satisfied that—

(1) the sponsor, a public agency, or the Government holds

good title to the areas of the airport used or intended to be

used for the landing, taking off, or surface maneuvering of

aircraft, or that good title will be acquired;

(2) the interests of the community in or near which the

project may be located have been given fair consideration; and

(3) the application provides touchdown zone and centerline

runway lighting, high intensity runway lighting, or land necessary for installing approach light systems that the Secretary,

considering the category of the airport and the kind and volume

of traffic using it, decides is necessary for safe and efficient

use of the airport by aircraft.

(c) ENVIRONMENTAL REQUIREMENTS.—(1) The Secretary may

approve an application under this subchapter for an airport development project involving the location of an airport or runway or

a major runway extension—

(A) only if the sponsor certifies to the Secretary that—

(i) an opportunity for a public hearing was given to

consider the economic, social, and environmental effects

of the location and the location’s consistency with the objectives of any planning that the community has carried out;

and

(ii) the airport management board has voting representation from the communities in which the project is located

or has advised the communities that they have the right

to petition the Secretary about a proposed project;

(B) only if the chief executive officer of the State in which

the project will be located certifies in writing to the Secretary

that there is reasonable assurance that the project will be

located, designed, constructed, and operated in compliance with

applicable air and water quality standards, except that the

Administrator of the Environmental Protection Agency shall

make the certification instead of the chief executive officer

if—
H. R. 1758—511

(i) the State has not approved any applicable State

or local standards; and

(ii) the Administrator has prescribed applicable standards; and

(C) if the application is found to have a significant adverse

effect on natural resources, including fish and wildlife, natural,

scenic, and recreation assets, water and air quality, or another

factor affecting the environment, only after finding that no

possible and prudent alternative to the project exists and that

every reasonable step has been taken to minimize the adverse

effect.

(2) The Secretary may approve an application under this subchapter for an airport development project that does not involve

the location of an airport or runway, or a major runway extension,

at an existing airport without requiring an environmental impact

statement related to noise for the project if—

(A) completing the project would allow operations at the

airport involving aircraft complying with the noise standards

prescribed for ‘‘stage 2’’ aircraft in section 36.1 of title 14,

Code of Federal Regulations, to replace existing operations

involving aircraft that do not comply with those standards;

and

(B) the project meets the other requirements under this

subchapter.

(3) At the Secretary’s request, the sponsor shall give the Secretary a copy of the transcript of any hearing held under paragraph

(1)(A) of this subsection.

(4)(A) Notice of certification or of refusal to certify under para- graph (1)(B) of this subsection shall be provided to the Secretary

not later than 60 days after the Secretary receives the application. (B) The Secretary shall condition approval of the application

on compliance with the applicable standards during construction

and operation.

(5) The Secretary may make a finding under paragraph (1)(C)

of this subsection only after completely reviewing the matter. The

review and finding must be a matter of public record. (d) GENERAL AVIATION AIRPORT PROJECT GRANT APPLICATION

APPROVAL.—(1) In this subsection, ‘‘general aviation airport’’ means

a public airport that is not an air carrier airport.

(2) The Secretary may approve an application under this subchapter for an airport development project included in a project

grant application involving the construction or extension of a runway at a general aviation airport located on both sides of a boundary

line separating 2 counties within a State only if, before the application is submitted to the Secretary, the project is approved by the

governing body of each village incorporated under the laws of the

State and located entirely within 5 miles of the nearest boundary

of the airport.

(e) WITHHOLDING APPROVAL.—(1) The Secretary may withhold

approval of an application under this subchapter for amounts apportioned under section 47114(c) and (e) of this title for violating

an assurance or requirement of this subchapter only if—

(A) the Secretary provides the sponsor an opportunity for

a hearing; and

(B) not later than 180 days after the later of the date

of the application or the date the Secretary discovers the noncompliance, the Secretary finds that a violation has occurred.
H. R. 1758—512

(2) The 180-day period may be extended by—

(A) agreement between the Secretary and the sponsor; or

(B) the hearing officer if the officer decides an extension

is necessary because the sponsor did not follow the schedule

the officer established.

(3) A person adversely affected by an order of the Secretary

withholding approval may obtain review of the order by filing

a petition in the United States Court of Appeals for the District

of Columbia Circuit or in the court of appeals of the United States

for the circuit in which the project is located. The action must

be brought not later than 60 days after the order is served on

the petitioner.

§ 47107. Project grant application approval conditioned on

assurances about airport operations

(a) GENERAL WRITTEN ASSURANCES.—The Secretary of

Transportation may approve a project grant application under this

subchapter for an airport development project only if the Secretary

receives written assurances, satisfactory to the Secretary, that—

(1) the airport will be available for public use on reasonable

conditions and without unjust discrimination;

(2) air carriers making similar use of the airport will be

subject to substantially comparable charges—

(A) for facilities directly and substantially related to

providing air transportation; and

(B) regulations and conditions, except for differences

based on reasonable classifications, such as between—

(i) tenants and nontenants; and

(ii) signatory and nonsignatory carriers;

(3) the airport operator will not withhold unreasonably

the classification or status of tenant or signatory from an air

carrier that assumes obligations substantially similar to those

already imposed on air carriers of that classification or status;

(4) a person providing, or intending to provide, aeronautical

services to the public will not be given an exclusive right

to use the airport, with a right given to only one fixed-base

operator to provide services at an airport deemed not to be

an exclusive right if—

(A) the right would be unreasonably costly, burdensome, or impractical for more than one fixed-base operator

to provide the services; and

(B) allowing more than one fixed-base operator to provide the services would require reducing the space leased

under an existing agreement between the one fixed-base

operator and the airport owner or operator;

(5) fixed-base operators similarly using the airport will

be subject to the same charges;

(6) an air carrier using the airport may service itself or

use any fixed-base operator allowed by the airport operator

to service any carrier at the airport;

(7) the airport and facilities on or connected with the airport will be operated and maintained suitably, with consideration given to climatic and flood conditions;

(8) a proposal to close the airport temporarily for a

nonaeronautical purpose must first be approved by the Secretary;
H. R. 1758—513

(9) appropriate action will be taken to ensure that terminal

airspace required to protect instrument and visual operations

to the airport (including operations at established minimum

flight altitudes) will be cleared and protected by mitigating

existing, and preventing future, airport hazards;

(10) appropriate action, including the adoption of zoning

laws, has been or will be taken to the extent reasonable to

restrict the use of land next to or near the airport to uses

that are compatible with normal airport operations;

(11) each of the airport’s facilities developed with financial

assistance from the United States Government and each of

the airport’s facilities usable for the landing and taking off

of aircraft always will be available without charge for use

by Government aircraft in common with other aircraft, except

that if the use is substantial, the Government may be charged

a reasonable share, proportionate to the use, of the cost of

operating and maintaining the facility used;

(12) the airport owner or operator will provide, without

charge to the Government, property interests of the sponsor

in land or water areas or buildings that the Secretary decides

are desirable for, and that will be used for, constructing at

Government expense, facilities for carrying out activities related

to air traffic control or navigation;

(13) the airport owner or operator will maintain a schedule

of charges for use of facilities and services at the airport—

(A) that will make the airport as self-sustaining as

possible under the circumstances existing at the airport,

including volume of traffic and economy of collection; and

(B) without including in the rate base used for the

charges the Government’s share of costs for any project

for which a grant is made under this subchapter or was

made under the Federal Airport Act or the Airport and

Airway Development Act of 1970;

(14) the project accounts and records will be kept using

a standard system of accounting that the Secretary, after

consulting with appropriate public agencies, prescribes;

(15) the airport owner or operator will submit any annual

or special airport financial and operations reports to the Secretary that the Secretary reasonably requests;

(16) the airport owner or operator will maintain a current

layout plan of the airport that meets the following requirements:

(A) the plan will be in a form the Secretary prescribes;

(B) the Secretary will approve the plan and any revision or modification before the plan, revision, or modification takes effect;

(C) the owner or operator will not make or allow any

alteration in the airport or any of its facilities if the alteration does not comply with the plan the Secretary approves,

and the Secretary is of the opinion that the alteration

may affect adversely the safety, utility, or efficiency of

the airport; and

(D) when an alteration in the airport or its facility

is made that does not conform to the approved plan and

that the Secretary decides adversely affects the safety,

utility, or efficiency of any property on or off the airport
H. R. 1758—514

that is owned, leased, or financed by the Government,

the owner or operator, if requested by the Secretary, will—

(i) eliminate the adverse effect in a way the Secretary approves; or

(ii) bear all cost of relocating the property or its

replacement to a site acceptable to the Secretary and

of restoring the property or its replacement to the

level of safety, utility, efficiency, and cost of operation

that existed before the alteration was made;

(17) each contract and subcontract for program management, construction management, planning studies, feasibility

studies, architectural services, preliminary engineering, design,

engineering, surveying, mapping, and related services will be

awarded in the same way that a contract for architectural

and engineering services is negotiated under title IX of the

Federal Property and Administrative Services Act of 1949 (40

U.S.C. 541 et seq.) or an equivalent qualifications-based

requirement prescribed for or by the sponsor; and

(18) the airport and each airport record will be available

for inspection by the Secretary on reasonable request, and

a report of the airport budget will be available to the public

at reasonable times and places.

(b) WRITTEN ASSURANCES ON USE OF REVENUE.—(1) The Secretary of Transportation may approve a project grant application

under this subchapter for an airport development project only if

the Secretary receives written assurances, satisfactory to the Secretary, that local taxes on aviation fuel (except taxes in effect

on December 30, 1987) and the revenues generated by a public

airport will be expended for the capital or operating costs of— (A) the airport;

(B) the local airport system; or

(C) other local facilities owned or operated by the airport

owner or operator and directly and substantially related to

the air transportation of passengers or property.

(2) Paragraph (1) of this subsection does not apply if a provision

enacted not later than September 2, 1982, in a law controlling

financing by the airport owner or operator, or a covenant or assurance in a debt obligation issued not later than September 2, 1982,

by the owner or operator, provides that the revenues, including

local taxes on aviation fuel at public airports, from any of the

facilities of the owner or operator, including the airport, be used

to support not only the airport but also the general debt obligations

or other facilities of the owner or operator.

(3) This subsection does not prevent the use of a State tax

on aviation fuel to support a State aviation program or the use

of airport revenue on or off the airport for a noise mitigation

purpose.

(c) WRITTEN ASSURANCES ON ACQUIRING LAND.—(1) In this

subsection, land is needed for an airport purpose (except a noise

compatibility purpose) if—

(A)(i) the land may be needed for an aeronautical purpose

(including runway protection zone) or serves as noise buffer

land; and

(ii) revenue from interim uses of the land contributes to

the financial self-sufficiency of the airport; and

(B) for land purchased with a grant the owner or operator

received not later than December 30, 1987, the Secretary of
H. R. 1758—515

Transportation or the department, agency, or instrumentality

of the Government that made the grant was notified by the

owner or operator of the use of the land and did not object

to the use and the land is still being used for that purpose.

(2) The Secretary of Transportation may approve an application

under this subchapter for an airport development project grant

only if the Secretary receives written assurances, satisfactory to

the Secretary, that if an airport owner or operator has received

or will receive a grant for acquiring land and—

(A) if the land was or will be acquired for a noise compatibility purpose—

(i) the owner or operator will dispose of the land at

fair market value at the earliest practicable time after

the land no longer is needed for a noise compatibility

purpose;

(ii) the disposition will be subject to retaining or reserving an interest in the land necessary to ensure that the

land will be used in a way that is compatible with noise

levels associated with operating the airport; and

(iii) the part of the proceeds from disposing of the

land that is proportional to the Government’s share of

the cost of acquiring the land will be paid to the Secretary

for deposit in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code

of 1986 (26 U.S.C. 9502) or, as the Secretary prescribes,

reinvested in an approved noise compatibility project; or

(B) if the land was or will be acquired for an airport

purpose (except a noise compatibility purpose)— (i) the owner or operator, when the land no longer

is needed for an airport purpose, will dispose of the land

at fair market value or make available to the Secretary

an amount equal to the Government’s proportional share

of the fair market value;

(ii) the disposition will be subject to retaining or reserving an interest in the land necessary to ensure that the

land will be used in a way that is compatible with noise

levels associated with operating the airport; and (iii) the part of the proceeds from disposing of the

land that is proportional to the Government’s share of

the cost of acquiring the land will be reinvested, on application to the Secretary, in another eligible airport development project the Secretary approves under this subchapter

or paid to the Secretary for deposit in the Fund if another

eligible project does not exist. (3) Proceeds referred to in paragraph (2)(A)(iii) and (B)(iii)

of this subsection and deposited in the Airport and Airway Trust

Fund are available as provided in subsection (f) of this section.

(d) ASSURANCES OF CONTINUATION AS PUBLIC-USE AIRPORT.—

The Secretary of Transportation may approve an application under

this subchapter for an airport development project grant for a

privately owned public-use airport only if the Secretary receives

appropriate assurances that the airport will continue to function

as a public-use airport during the economic life (that must be

at least 10 years) of any facility at the airport that was developed

with Government financial assistance under this subchapter.

(e) WRITTEN ASSURANCES OF OPPORTUNITIES FOR SMALL BUSINESS CONCERNS.—(1) The Secretary of Transportation may approve
H. R. 1758—516

a project grant application under this subchapter for an airport

development project only if the Secretary receives written assurances, satisfactory to the Secretary, that the airport owner or operator will take necessary action to ensure, to the maximum extent

practicable, that at least 10 percent of all businesses at the airport

selling consumer products or providing consumer services to the

public are small business concerns (as defined by regulations of

the Secretary) owned and controlled by a socially and economically

disadvantaged individual (as defined in section 47113(a) of this

title).

(2) An airport owner or operator may meet the percentage

goal of paragraph (1) of this subsection by including any business

operated through a management contract or subcontract. The dollar

amount of a management contract or subcontract with a disadvantaged business enterprise shall be added to the total participation

by disadvantaged business enterprises in airport concessions and

to the base from which the airport’s percentage goal is calculated.

The dollar amount of a management contract or subcontract with

a non-disadvantaged business enterprise and the gross revenue

of business activities to which the management contract or subcontract pertains may not be added to this base.

(3) Except as provided in paragraph (4) of this subsection,

an airport owner or operator may meet the percentage goal of

paragraph (1) of this subsection by including the purchase from

disadvantaged business enterprises of goods and services used in

businesses conducted at the airport, but the owner or operator

and the businesses conducted at the airport shall make good faith

efforts to explore all available options to achieve, to the maximum

extent practicable, compliance with the goal through direct ownership arrangements, including joint ventures and franchises. (4)(A) In complying with paragraph (1) of this subsection, an

airport owner or operator shall include the revenues of car rental

firms at the airport in the base from which the percentage goal

in paragraph (1) is calculated. (B) An airport owner or operator may require a car rental firm to meet a requirement under paragraph (1) of this subsection

by purchasing or leasing goods or services from a disadvantaged

business enterprise. If an owner or operator requires such a purchase or lease, a car rental firm shall be permitted to meet the

requirement by including purchases or leases of vehicles from any

vendor that qualifies as a small business concern owned and controlled by a socially and economically disadvantaged individual. (C) This subsection does not require a car rental firm to change

its corporate structure to provide for direct ownership arrangements

to meet the requirements of this subsection.

(5) This subsection does not preempt—

(A) a State or local law, regulation, or policy enacted by

the governing body of an airport owner or operator; or

(B) the authority of a State or local government or airport

owner or operator to adopt or enforce a law, regulation, or

policy related to disadvantaged business enterprises.

(6) An airport owner or operator may provide opportunities

for a small business concern owned and controlled by a socially

and economically disadvantaged individual to participate through

direct contractual agreement with that concern.

(7) An air carrier that provides passenger or property-carrying

services or another business that conducts aeronautical activities
H. R. 1758—517

at an airport may not be included in the percentage goal of paragraph (1) of this subsection for participation of small business

concerns at the airport.

(8) Not later than April 29, 1993, the Secretary of Transportation shall prescribe regulations to carry out this subsection.

(f) AVAILABILITY OF AMOUNTS.—An amount deposited in the

Airport and Airway Trust Fund under—

(1) subsection (c)(2)(A)(iii) of this section is available to

the Secretary of Transportation to make a grant for airport

development or airport planning under section 47104 of this

title;

(2) subsection (c)(2)(B)(iii) of this section is available to

the Secretary—

(A) to make a grant for a purpose described in section

47115(b) of this title; and

(B) for use under section 47114(d)(2) of this title at

another airport in the State in which the land was disposed

of under subsection (c)(2)(B)(ii) of this section; and

(3) subsection (c)(2)(B)(iii) of this section is in addition

to an amount made available to the Secretary under section

48103 of this title and not subject to apportionment under

section 47114 of this title.

(g) ENSURING COMPLIANCE.—(1) To ensure compliance with this

section, the Secretary of Transportation—

(A) shall prescribe requirements for sponsors that the Secretary considers necessary; and

(B) may make a contract with a public agency.

(2) The Secretary of Transportation may approve an application

for a project grant only if the Secretary is satisfied that the requirements prescribed under paragraph (1)(A) of this subsection have

been or will be met.

(h) MODIFYING ASSURANCES AND REQUIRING COMPLIANCE WITH

ADDITIONAL ASSURANCES.—Before modifying an assurance required

of a person receiving a grant under this subchapter and in effect

after December 29, 1987, or to require compliance with an additional

assurance from the person, the Secretary of Transportation must— (1) publish notice of the proposed modification in the Federal Register; and (2) provide an opportunity for comment on the proposal. (i) RELIEF FROM OBLIGATION TO PROVIDE FREE SPACE.—When

a sponsor provides a property interest in a land or water area

or a building that the Secretary of Transportation uses to construct

a facility at Government expense, the Secretary may relieve the

sponsor from an obligation in a contract made under this chapter,

the Airport and Airway Development Act of 1970, or the Federal

Airport Act to provide free space to the Government in an airport

building, to the extent the Secretary finds that the free space

no longer is needed to carry out activities related to air traffic

control or navigation.

(j) USE OF REVENUE IN HAWAII.—(1) In this subsection—

(A) ‘‘duty-free merchandise’’ and ‘‘duty-free sales enterprise’’

have the same meanings given those terms in section 555(b)(8)

of the Tariff Act of 1930 (19 U.S.C. 1555(b)(8)).

(B) ‘‘highway’’ and ‘‘Federal-aid system’’ have the same

meanings given those terms in section 101(a) of title 23.

(2) Notwithstanding subsection (b)(1) of this section, Hawaii

may use, for a project for construction or reconstruction of a highway
H. R. 1758—518

on a Federal-aid system that is not more than 10 miles by road

from an airport and that will facilitate access to the airport, revenue

from the sales at off-airport locations in Hawaii of duty-free merchandise under a contract between Hawaii and a duty-free sales

enterprise. However, the revenue resulting during a Hawaiian fiscal

year may be used only if the amount of the revenue, plus amounts

Hawaii receives in the fiscal year from all other sources for costs

Hawaii incurs for operating all airports it operates and for debt

service related to capital projects for the airports (including interest

and amortization of principal costs), is more than 150 percent

of the projected costs for the fiscal year.

(3)(A) Revenue from sales referred to in paragraph (2) of this

subsection in a Hawaiian fiscal year that Hawaii may use may

not be more than the amount that is greater than 150 percent

as determined under paragraph (2).

(B) The maximum amount of revenue Hawaii may use under

paragraph (2) of this subsection is $250,000,000.

(4) If a fee imposed or collected for rent, landing, or service

from an aircraft operator by an airport operated by Hawaii is

increased during the period from May 4, 1990, through December

31, 1994, by more than the percentage change in the Consumer

Price Index of All Urban Consumers for Honolulu, Hawaii, that

the Secretary of Labor publishes during that period and if revenue

derived from the fee increases because the fee increased, the amount

under paragraph (3)(B) of this subsection shall be reduced by the

amount of the projected revenue increase in the period less the

part of the increase attributable to changes in the Index in the

period.

(5) Hawaii shall determine costs, revenue, and projected revenue increases referred to in this subsection and shall submit the

determinations to the Secretary of Transportation. A determination

is approved unless the Secretary disapproves it not later than

30 days after it is submitted. (6) Hawaii is not eligible for a grant under section 47115

of this title in a fiscal year in which Hawaii uses under paragraph

(2) of this subsection revenue from sales referred to in paragraph

(2). Hawaii shall repay amounts it receives in a fiscal year under

a grant it is not eligible to receive because of this paragraph

to the Secretary of Transportation for deposit in the discretionary

fund established under section 47115.

(7)(A) This subsection applies only to revenue from sales referred to in paragraph (2) of this subsection from May 5, 1990,

through December 30, 1994, and to amounts in the Airport Revenue

Fund of Hawaii that are attributable to revenue before May 4,

1990, on sales referred to in paragraph (2).

(B) Revenue from sales referred to in paragraph (2) of this

subsection from May 5, 1990, through December 30, 1994, may

be used under paragraph (2) in any Hawaiian fiscal year, including

a Hawaiian fiscal year beginning after December 31, 1994.

§ 47108. Project grant agreements

(a) OFFER AND ACCEPTANCE.—On approving a project grant

application under this subchapter, the Secretary of Transportation

shall offer the sponsor a grant to pay the United States Government’s share of the project costs allowable under section 47110

of this title. The Secretary may impose terms on the offer that

the Secretary considers necessary to carry out this subchapter and
H. R. 1758—519

regulations prescribed under this subchapter. An offer shall state

the obligations to be assumed by the sponsor and the maximum

amount the Government will pay for the project from the amounts

authorized under chapter 481 of this title (except sections 48102(e),

48106, 48107, and 48110). At the request of the sponsor, an offer

of a grant for a project that will not be completed in one fiscal

year shall provide for the obligation of amounts apportioned or

to be apportioned to a sponsor under section 47114(c) of this title

for the fiscal years necessary to pay the Government’s share of

the cost of the project. An offer that is accepted in writing by

the sponsor is an agreement binding on the Government and the

sponsor. The Government may pay or be obligated to pay a project

cost only after a grant agreement for the project is signed.

(b) INCREASING GOVERNMENT’S SHARE UNDER THIS SUBCHAPTER

OR CHAPTER 475.—(1) When an offer has been accepted in writing,

the amount stated in the offer as the maximum amount the Government will pay may be increased only as provided in paragraphs

(2) and (3) of this subsection.

(2)(A) For a project receiving assistance under a grant approved

under the Airport and Airway Improvement Act of 1982 before

October 1, 1987, the amount may be increased by not more than—

(i) 10 percent for an airport development project, except

a project for acquiring an interest in land; and

(ii) 50 percent of the total increase in allowable project

costs attributable to acquiring an interest in land, based on

current creditable appraisals.

(B) An increase under subparagraph (A) of this paragraph

may be paid only from amounts the Government recovers from

other grants made under this subchapter.

(3) For a project receiving assistance under a grant approved

under the Act, this subchapter, or chapter 475 of this title after

September 30, 1987, the amount may be increased—

(A) for an airport development project, by not more than

15 percent; and

(B) for a grant after September 30, 1992, to acquire an

interest in land for an airport (except a primary airport), by

not more than the greater of the following, based on current

creditable appraisals or a court award in a condemnation

proceeding:

(i) 15 percent; or

(ii) 25 percent of the total increase in allowable project

costs attributable to acquiring an interest in land.

(c) INCREASING GOVERNMENT’S SHARE UNDER AIRPORT AND AIRWAY DEVELOPMENT ACT OF 1970.—For a project receiving assistance

under a grant made under the Airport and Airway Development

Act of 1970, the maximum amount the Government will pay may

be increased by not more than 10 percent. An increase under

this subsection may be paid only from amounts the Government

recovers from other grants made under the Act.

(d) CHANGING WORKSCOPE.—With the consent of the sponsor,

the Secretary may amend a grant agreement made under this

subchapter to change the workscope of a project financed under

the grant if the amendment does not result in an increase in

the maximum amount the Government may pay under subsection

(b) of this section.
H. R. 1758—520

§ 47109. United States Government’s share of project costs

(a) GENERAL.—Except as provided in subsections (b) and (c)

of this section, the United States Government’s share of allowable

project costs is— (1) 75 percent for a project at a primary airport having at least .25 percent of the total number of passenger boardings

each year at all commercial service airports; and (2) 90 percent for a project at any other airport. (b) INCREASED GOVERNMENT SHARE.—If, under subsection (a)

of this section, the Government’s share of allowable costs of a

project in a State containing unappropriated and unreserved public

lands and nontaxable Indian lands (individual and tribal) of more

than 5 percent of the total area of all lands in the State, is less

than the share applied on June 30, 1975, under section 17(b)

of the Airport and Airway Development Act of 1970, the Government’s share under subsection (a) of this section shall be increased

by the lesser of— (1) 25 percent;

(2) one-half of the percentage that the area of unappropri- ated and unreserved public lands and nontaxable Indian lands

in the State is of the total area of the State; or

(3) the percentage necessary to increase the Government’s share to the percentage that applied on June 30, 1975, under

section 17(b) of the Act.

(c) LIMITATION.—Notwithstanding subsections (a) and (b) of this section, the Government’s share of project costs allowable under

section 47110(d) of this title may not be more than 75 percent,

except that the Government’s share shall be 85 percent for a project

at a commercial service airport that does not have more than

.05 percent of the total annual passenger boardings in the United

States.

§ 47110. Allowable project costs

(a) GENERAL AUTHORITY.—Except as provided in section 47111

of this title, the United States Government may pay or be obligated

to pay, from amounts appropriated to carry out this subchapter,

a cost incurred in carrying out a project under this subchapter

only if the Secretary of Transportation decides the cost is allowable. (b) ALLOWABLE COST STANDARDS.—A project cost is allowable— (1) if the cost necessarily is incurred in carrying out the

project in compliance with the grant agreement made for the

project under this subchapter, including any cost a sponsor

incurs related to an audit the Secretary requires under section

47121(b) or (d) of this title;

(2) if the cost is incurred—

(A) after the grant agreement is executed and is for

airport development or airport planning carried out after

the grant agreement is executed; or

(B) after June 1, 1989, by the airport operator (regardless of when the grant agreement is executed) as part

of a Government-approved noise compatibility program

(including project formulation costs) and is consistent with

all applicable statutory and administrative requirements;

(3) to the extent the cost is reasonable in amount;

(4) if the cost is not incurred in a project for airport development or airport planning for which other Government assistance has been granted; and
H. R. 1758—521

(5) if the total costs allowed for the project are not more

than the amount stated in the grant agreement as the maximum the Government will pay (except as provided in section

47108(b) of this title).

(c) CERTAIN PRIOR COSTS AS ALLOWABLE COSTS.—The Secretary

may decide that a project cost under subsection (b)(2)(A) of this

section incurred after May 13, 1946, and before the date the grant

agreement is executed is allowable if it is—

(1) necessarily incurred in formulating an airport development project, including costs incurred for field surveys, plans

and specifications, property interests in land or airspace, and

administration or other incidental items that would not have

been incurred except for the project; or

(2) necessarily and directly incurred in developing the work

scope of an airport planning project.

(d) TERMINAL DEVELOPMENT COSTS.—(1) The Secretary may

decide that the cost of terminal development (including multi-modal

terminal development) in a nonrevenue-producing public-use area

of a commercial service airport is allowable for an airport development project at the airport—

(A) if the sponsor certifies that the airport, on the date

the grant application is submitted to the Secretary, has—

(i) all the safety equipment required for certification

of the airport under section 44706 of this title;

(ii) all the security equipment required by regulation;

and

(iii) provided for access, to the area of the airport

for passengers for boarding or exiting aircraft, to those

passengers boarding or exiting aircraft, except air carrier

aircraft;

(B) if the cost is directly related to moving passengers

and baggage in air commerce within the airport, including

vehicles for moving passengers between terminal facilities and

between terminal facilities and aircraft; and

(C) under terms necessary to protect the interests of the

Government.

(2) In making a decision under paragraph (1) of this subsection,

the Secretary may approve as allowable costs the expenses of terminal development in a revenue-producing area and construction,

reconstruction, repair, and improvement in a nonrevenue-producing

parking lot if— (A) the airport does not have more than .05 percent of

the total annual passenger boardings in the United States;

and

(B) the sponsor certifies that any needed airport development project affecting safety, security, or capacity will not

be deferred because of the Secretary’s approval.

(e) LETTERS OF INTENT.—(1) The Secretary may issue a letter

of intent to the sponsor stating an intention to obligate from future

budget authority an amount, not more than the Government’s share

of allowable project costs, for an airport development project (including costs of formulating the project) at a primary or reliever airport.

The letter shall establish a schedule under which the Secretary

will reimburse the sponsor for the Government’s share of allowable

project costs, as amounts become available, if the sponsor, after

the Secretary issues the letter, carries out the project without

receiving amounts under this subchapter.
H. R. 1758—522

(2) Paragraph (1) of this subsection applies to a project—

(A) about which the sponsor notifies the Secretary, before

the project begins, of the sponsor’s intent to carry out the

project;

(B) that will comply with all statutory and administrative

requirements that would apply to the project if it were carried

out with amounts made available under this subchapter; and

(C) the Secretary decides will enhance system-wide airport

capacity significantly and meets the criteria of section 47115(d)

of this title.

(3) A letter of intent issued under paragraph (1) of this subsection is not an obligation of the Government under section 1501

of title 31, and the letter is not deemed to be an administrative

commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization

and appropriation laws.

(4) The total estimated amount of future Government obligations covered by all outstanding letters of intent under paragraph

(1) of this subsection may not be more than the amount authorized

to carry out section 48103 of this title, less an amount reasonably

estimated by the Secretary to be needed for grants under section

48103 that are not covered by a letter.

(5) A letter of intent issued under paragraph (1) of this subsection may not condition the obligation of amounts on the imposition of a passenger facility fee.

(f) NONALLOWABLE COSTS.—Except as provided in subsection

(d) of this section and section 47118(f) of this title, a cost is not

an allowable airport development project cost if it is for—

(1) constructing a public parking facility for passenger automobiles;

(2) constructing, altering, or repairing part of an airport

building, except to the extent the building will be used for

facilities or activities directly related to the safety of individuals

at the airport;

(3) decorative landscaping; or

(4) providing or installing sculpture or art works.

§ 47111. Payments under project grant agreements

(a) GENERAL AUTHORITY.—After making a project grant agreement under this subchapter and consulting with the sponsor, the

Secretary of Transportation may decide when and in what amounts

payments under the agreement will be made. Payments totaling

not more than 90 percent of the United States Government’s share

of the project’s estimated allowable costs may be made before the

project is completed if the sponsor certifies to the Secretary that

the total amount expended from the advance payments at any

time will not be more than the cost of the airport development

work completed on the project at that time.

(b) RECOVERING PAYMENTS.—If the Secretary determines that

the total amount of payments made under a grant agreement under

this subchapter is more than the Government’s share of the total

allowable project costs, the Government may recover the excess

amount. If the Secretary finds that a project for which an advance

payment was made has not been completed within a reasonable

time, the Government may recover any part of the advance payment

for which the Government received no benefit.
H. R. 1758—523

(c) PAYMENT DEPOSITS.—A payment under a project grant

agreement under this subchapter may be made only to an official

or depository designated by the sponsor and authorized by law

to receive public money.

(d) WITHHOLDING PAYMENTS.—(1) The Secretary may withhold

a payment under a grant agreement under this subchapter for

more than 180 days after the payment is due only if the Secretary—

(A) notifies the sponsor and provides an opportunity for

a hearing; and

(B) finds that the sponsor has violated the agreement.

(2) The 180-day period may be extended by—

(A) agreement of the Secretary and the sponsor; or

(B) the hearing officer if the officer decides an extension

is necessary because the sponsor did not follow the schedule

the officer established.

(3) A person adversely affected by an order of the Secretary

withholding a payment may apply for review of the order by filing

a petition in the United States Court of Appeals for the District

of Columbia Circuit or in the court of appeals of the United States

for the circuit in which the project is located. The petition must

be filed not later than 60 days after the order is served on the

petitioner.

§ 47112. Carrying out airport development projects

(a) CONSTRUCTION WORK.—The Secretary of Transportation

may inspect and approve construction work for an airport development project carried out under a grant agreement under this subchapter. The construction work must be carried out in compliance

with regulations the Secretary prescribes. The regulations shall

require the sponsor to make necessary cost and progress reports

on the project. The regulations may amend or modify a contract

related to the project only if the contract was made with actual

notice of the regulations.

(b) PREVAILING WAGES.—A contract for more than $2,000

involving labor for an airport development project carried out under

a grant agreement under this subchapter must require contractors

to pay labor minimum wage rates as determined by the Secretary

of Labor under the Act of March 3, 1931 (known as the DavisBacon Act) (40 U.S.C. 276a—276a–5). The minimum rates must

be included in the bids for the work and in the invitation for

those bids.

(c) VETERANS’ PREFERENCE.—(1) In this subsection—

(A) ‘‘disabled veteran’’ has the same meaning given that

term in section 2108 of title 5.

(B) ‘‘Vietnam-era veteran’’ means an individual who served

on active duty (as defined in section 101 of title 38) in the

armed forces for more than 180 consecutive days, any part

of which occurred after August 4, 1964, and before May 8,

1975, and who was separated from the armed forces under

honorable conditions.

(2) A contract involving labor for carrying out an airport development project under a grant agreement under this subchapter

must require that preference in the employment of labor (except

in executive, administrative, and supervisory positions) be given

to Vietnam-era veterans and disabled veterans when they are available and qualified for the employment.
H. R. 1758—524

§ 47113. Minority and disadvantaged business participation

(a) DEFINITIONS.—In this section—

(1) ‘‘small business concern’’—

(A) has the same meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632); but

(B) does not include a concern, or group of concerns controlled by the same socially and economically disadvantaged individual, that has average annual gross receipts

over the prior 3 fiscal years of more than $16,015,000,

as adjusted by the Secretary of Transportation for inflation.

(2) ‘‘socially and economically disadvantaged individual’’ has the same meaning given that term in section 8(c) of the

Act (15 U.S.C. 637(c)) and relevant subcontracting regulations

prescribed under section 8(c), except that women are presumed

to be socially and economically disadvantaged.

(b) GENERAL REQUIREMENT.—Except to the extent the Secretary decides otherwise, at least 10 percent of amounts available in

a fiscal year under section 48103 of this title shall be expended

with small business concerns owned and controlled by socially and

economically disadvantaged individuals. (c) UNIFORM CRITERIA.—The Secretary shall establish minimum uniform criteria for State governments and airport sponsors to

use in certifying whether a small business concern qualifies under

this section. The criteria shall include on-site visits, personal interviews, licenses, analyses of stock ownership and bonding capacity,

listings of equipment and work completed, resumes of principal

owners, financial capacity, and type of work preferred. (d) SURVEYS AND LISTS.—Each State or airport sponsor

annually shall survey and compile a list of small business concerns

referred to in subsection (b) of this section and the location of

each concern in the State.

§ 47114. Apportionments

(a) DEFINITION.—In this section, ‘‘amount subject to apportion- ment’’ means the amount newly made available under section 48103

of this title for a fiscal year.

(b) APPORTIONMENT DATE.—On the first day of each fiscal year,

the Secretary of Transportation shall apportion the amount subject

to apportionment for that fiscal year as provided in this section. (c) AMOUNTS APPORTIONED TO SPONSORS.—(1)(A) The Secretary

shall apportion to the sponsor of each primary airport for each

fiscal year an amount equal to—

(i) $7.80 for each of the first 50,000 passenger boardings

at the airport during the prior calendar year;

(ii) $5.20 for each of the next 50,000 passenger boardings

at the airport during the prior calendar year;

(iii) $2.60 for each of the next 400,000 passenger boardings

at the airport during the prior calendar year; and

(iv) $.65 for each additional passenger boarding at the

airport during the prior calendar year.

(B) Not less than $400,000 nor more than $22,000,000 may

be apportioned under subparagraph (A) of this paragraph to an

airport sponsor for a primary airport for each fiscal year.

(2)(A) The Secretary shall apportion to the sponsors of airports

served by aircraft providing air transportation of only cargo with

a total annual landed weight of more than 100,000,000 pounds

for each fiscal year an amount equal to 3.5 percent of the amount
H. R. 1758—525

subject to apportionment each year, allocated among those airports

in the proportion that the total annual landed weight of those

aircraft landing at each of those airports bears to the total annual

landed weight of those aircraft landing at all those airports. However, not more than 8 percent of the amount apportioned under

this paragraph may be apportioned for any one airport.

(B) Landed weight under subparagraph (A) of this paragraph

is the landed weight of aircraft landing at each of those airports

and all those airports during the prior calendar year.

(3) The total of all amounts apportioned under paragraphs

(1) and (2) of this subsection may not be more than 44 percent

of the amount subject to apportionment for a fiscal year. If this

paragraph requires reduction of an amount that otherwise would

be apportioned under this subsection, the Secretary shall reduce

proportionately the amount apportioned to each sponsor of an airport under paragraphs (1) and (2) until the 44 percent limit is

achieved.

(d) AMOUNTS APPORTIONED TO STATES.—(1) In this subsection—

(A) ‘‘area’’ includes land and water.

(B) ‘‘population’’ means the population stated in the latest

decennial census of the United States.

(2) The Secretary shall apportion to the States 12 percent

of the amount subject to apportionment for each fiscal year as

follows:

(A) one percent of the apportioned amount to Guam, American Samoa, the Northern Mariana Islands, the Trust Territory

of the Pacific Islands, and the Virgin Islands.

(B) except as provided in paragraph (3) of this subsection,

49.5 percent of the apportioned amount for airports, except

primary airports and airports described in section

47117(e)(1)(C) of this title, in States not named in clause (A)

of this paragraph in the proportion that the population of

each of those States bears to the total population of all of

those States.

(C) except as provided in paragraph (3) of this subsection,

49.5 percent of the apportioned amount for airports, except

primary airports and airports described in section

47117(e)(1)(C) of this title, in States not named in clause (A)

of this paragraph in the proportion that the area of each of

those States bears to the total area of all of those States.

(3) An amount apportioned under paragraph (2) of this subsection for an airport in—

(A) Alaska may be made available by the Secretary for a public airport described in section 47117(e)(1)(C)(ii) of this

title to which section 15(a)(3)(A)(II) of the Airport and Airway

Development Act of 1970 applied during the fiscal year that

ended September 30, 1981; and

(B) Puerto Rico may be made available by the Secretary

for a primary airport and an airport described in section

47117(e)(1)(C) of this title.

(e) ALTERNATIVE APPORTIONMENT FOR ALASKA.—(1) Instead of

apportioning amounts for airports in Alaska under subsections (c)

and (d) of this section, the Secretary may apportion amounts for

those airports in the way in which amounts were apportioned

in the fiscal year ending September 30, 1980, under section 15(a)

of the Act. However, in apportioning amounts for a fiscal year

under this subsection, the Secretary shall apportion—
H. R. 1758—526

(A) for each primary airport at least as much as would

be apportioned for the airport under subsection (c)(1) of this

section; and

(B) a total amount at least equal to the minimum amount

required to be apportioned to airports in Alaska in the fiscal

year ending September 30, 1980, under section 15(a)(3)(A) of

the Act.

(2) This subsection does not prohibit the Secretary from making

project grants for airports in Alaska from the discretionary fund

under section 47115 of this title.

(3) Airports referred to in this subsection include those public

airports that received scheduled service as of September 3, 1982,

but were not apportioned amounts in the fiscal year ending September 30, 1980, under section 15(a) of the Act because the airports

were not under the control of a State or local public agency.

(f) REDUCING APPORTIONMENTS.—An amount that would be

apportioned under this section (except subsection (c)(2)) in a fiscal

year to the sponsor of an airport having at least .25 percent of

the total number of boardings each year in the United States

and for which a fee is imposed in the fiscal year under section

40117 of this title shall be reduced by an amount equal to 50

percent of the projected revenues from the fee in the fiscal year

but not by more than 50 percent of the amount that otherwise

would be apportioned under this section.

§ 47115. Discretionary fund

(a) EXISTENCE AND AMOUNTS IN FUND.—The Secretary of

Transportation has a discretionary fund. The fund consists of—

(1) amounts subject to apportionment for a fiscal year

that are not apportioned under section 47114(c)–(e) of this

title; and

(2) 25 percent of amounts not apportioned under section

47114 of this title because of section 47114(f).

(b) AVAILABILITY OF AMOUNTS.—Subject to subsection (c) of

this section and section 47117(e) of this title, the fund is available

for making grants for any purpose for which amounts are made

available under section 48103 of this title that the Secretary considers most appropriate to carry out this subchapter. However, 50

percent of amounts not apportioned under section 47114 of this

title because of section 47114(f) and added to the fund is available

for making grants for projects at small hub airports (as defined

in section 41731 of this title).

(c) MINIMUM PERCENTAGE FOR PRIMARY AND RELIEVER AIRPORTS.—At least 75 percent of the amount in the fund and distributed by the Secretary in a fiscal year shall be used for making

grants—

(1) to preserve and enhance capacity, safety, and security

at primary and reliever airports; and

(2) to carry out airport noise compatibility planning and

programs at primary and reliever airports.

(d) CONSIDERATIONS.—In selecting a project for a grant to preserve and enhance capacity as described in subsection (c)(1) of

this section, the Secretary shall consider—

(1) the effect the project will have on the overall national

air transportation system capacity;

(2) the project benefit and cost; and
H. R. 1758—527

(3) the financial commitment from non-United States

Government sources to preserve or enhance airport capacity.

(e) WAIVING PERCENTAGE REQUIREMENT.—If the Secretary

decides the Secretary cannot comply with the percentage requirement of subsection (c) of this section in a fiscal year because

there are insufficient qualified grant applications to meet that

percentage, the amount the Secretary determines will not be distributed as required by subsection (c) is available for obligation during

the fiscal year without regard to the requirement.

§ 47116. Small airport fund

(a) EXISTENCE AND AMOUNTS IN FUND.—The Secretary of

Transportation has a small airport fund. The fund consists of 75

percent of amounts not apportioned under section 47114 of this

title because of section 47114(f).

(b) DISTRIBUTION OF AMOUNTS.—The Secretary may distribute

amounts in the fund in each fiscal year for any purpose for which

amounts are made available under section 48103 of this title as

follows:

(1) one-third for grants to sponsors of public-use airports

(except commercial service airports).

(2) two-thirds for grants to sponsors of each commercial

service airport that each year has less than .05 percent of

the total boardings in the United States in that year.

(c) AUTHORITY TO RECEIVE GRANT NOT DEPENDENT ON PARTICIPATION IN BLOCK GRANT PILOT PROGRAM.—An airport in a State

participating in the State block grant pilot program under section

47128 of this title may receive a grant under this section to the

same extent the airport may receive a grant if the State were

not participating in the program.

§ 47117. Use of apportioned amounts

(a) GRANT PURPOSE.—Except as provided in this section, an

amount apportioned under section 47114(c)(1) or (d)(2) of this title

is available for making grants for any purpose for which amounts

are made available under section 48103 of this title.

(b) PERIOD OF AVAILABILITY.—An amount apportioned under

section 47114 of this title is available to be obligated for grants

under the apportionment only during the fiscal year for which

the amount was apportioned and the 2 fiscal years immediately

after that year. If the amount is not obligated under the apportionment within that time, it shall be added to the discretionary fund.

(c) PRIMARY AIRPORTS.—(1) An amount apportioned to a sponsor

of a primary airport under section 47114(c)(1) of this title is available for grants for any public-use airport of the sponsor included

in the national plan of integrated airport systems.

(2) A sponsor of a primary airport may make an agreement

with the Secretary of Transportation waiving any part of the

amount apportioned for the airport under section 47114(c)(1) of

this title if the Secretary makes the waived amount available for

a grant for another public-use airport in the same State or geographical area as the primary airport.

(d) STATE USE.—An amount apportioned to a State under—

(1) section 47114(d)(2)(A) of this title is available for grants

for airports located in the State; and
H. R. 1758—528

(2) section 47114(d)(2)(B) or (C) of this title is available

for grants for airports described in section 47114(d)(2)(B) or

(C) and located in the State.

(e) SPECIAL APPORTIONMENT CATEGORIES.—(1) The Secretary

shall use amounts made available under section 48103 of this

title for each fiscal year as follows:

(A) at least 10 percent for grants for reliever airports.

(B) at least 12.5 percent for grants for airport noise compatibility planning under section 47505(a)(2) of this title and for

carrying out noise compatibility programs under section

47504(c)(1) of this title.

(C) at least 2.5 percent for grants for—

(i) nonprimary commercial service airports; and

(ii) public airports (except commercial service airports)

that were eligible for United States Government assistance

from amounts apportioned under section 15(a)(3) of the

Airport and Airway Development Act of 1970, and to which

section 15(a)(3)(A)(I) or (II) of the Act applied during the

fiscal year that ended September 30, 1981.

(D) at least .5 percent for integrated airport system planning grants to planning agencies designated by the Secretary

and authorized by the laws of a State or political subdivision

of a State to do planning for an area of the State or subdivision

in which a grant under this chapter is to be used.

(E) at least 2.25 percent for the fiscal year ending September 30, 1993, and at least 2.5 percent for each of the fiscal

years ending September 30, 1994, and 1995, to sponsors of

current or former military airports designated by the Secretary

under section 47118(a) of this title for grants for developing

current and former military airports to improve the capacity

of the national air transportation system.

(2) A grant from the amount apportioned under section 47114(e)

of this title may not be included as part of the 2.5 percent required

to be used for grants under paragraph (1)(C) of this subsection.

(3) If the Secretary decides that an amount required to be

used for grants under paragraph (1) of this subsection cannot be

used for a fiscal year because there are insufficient qualified grant

applications, the amount the Secretary determines cannot be used

is available during the fiscal year for grants for other airports

or for other purposes for which amounts are authorized for grants

under section 48103 of this title.

(f) LIMITATION FOR COMMERCIAL SERVICE AIRPORT IN ALASKA.—

The Secretary may not make a grant for a commercial service

airport in Alaska of more than 110 percent of the amount apportioned for the airport for a fiscal year under section 47114(e) of

this title.

(g) DISCRETIONARY USE OF APPORTIONMENTS.—(1) Subject to

paragraph (2) of this subsection, if the Secretary finds, based on

the notices the Secretary receives under section 47105(e) of this

title or otherwise, that an amount apportioned under section 47114

of this title will not be used for grants during a fiscal year, the

Secretary may use an equal amount for grants during that fiscal

year for any of the purposes for which amounts are authorized

for grants under section 48103 of this title.

(2) The Secretary may make a grant under paragraph (1)

of this subsection only if the Secretary decides that—
H. R. 1758—529

(A) the total amount used for grants for the fiscal year

under section 48103 of this title will not be more than the

amount made available under section 48103 for that fiscal

year; and

(B) the amounts authorized for grants under section 48103

of this title for later fiscal years are sufficient for grants of

the apportioned amounts that were not used for grants under

the apportionment during the fiscal year and that remain available under subsection (b) of this section.

(h) LIMITING AUTHORITY OF SECRETARY.—The authority of the

Secretary to make grants during a fiscal year from amounts that

were apportioned for a prior fiscal year and remain available for

approved airport development project grants under subsection (b)

of this section may be impaired only by a law enacted after September 3, 1982, that expressly limits that authority.

§ 47118. Designating current and former military airports

(a) GENERAL REQUIREMENTS.—The Secretary of Transportation

shall designate not more than 12 current or former military airports

for which grants may be made under section 47117(e)(1)(E) of

this title.

(b) SURVEY.—Not later than September 30, 1991, the Secretary

shall complete a survey of current and former military airports

to identify which airports have the greatest potential to improve

the capacity of the national air transportation system. The survey

shall identify the capital development needs of those airports to

make them part of the system and which of those qualify for

grants under section 47104 of this title. (c) CONSIDERATIONS.—In carrying out this section, the Secretary

shall consider only current or former military airports that, when

at least partly converted to civilian commercial or reliever airports

as part of the national air transportation system, will enhance

airport and air traffic control system capacity in major metropolitan

areas and reduce current and projected flight delays. (d) GRANTS.—Grants under section 47117(e)(1)(E) of this title

may be made for an airport designated under subsection (a) of

this section for the 5 fiscal years following the designation. If

an airport does not have a level of passengers getting on aircraft

during that 5-year period that qualifies the airport as a small

hub airport (as defined on January 1, 1990) or reliever airport,

the Secretary may redesignate the airport for grants for additional

fiscal years that the Secretary decides. (e) TERMINAL BUILDING FACILITIES.—Notwithstanding section 47109(c) of this title, not more than $5,000,000 for each airport

from amounts the Secretary distributes under section 47115 of

this title for a fiscal year is available to the sponsor of a current

or former military airport the Secretary designates under this section to construct, improve, or repair a terminal building facility,

including terminal gates used for revenue passengers getting on

or off aircraft. A gate constructed, improved, or repaired under

this subsection—

(1) may not be leased for more than 10 years; and

(2) is not subject to majority in interest clauses.

(f) PARKING LOTS, FUEL FARMS, AND UTILITIES.—Not more than

a total of $4,000,000 for each airport from amounts the Secretary

distributes under section 47115 of this title for the fiscal years

ending September 30, 1993–1995, is available to the sponsor of
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a current or former military airport the Secretary designates under

this section to construct, improve, or repair airport surface parking

lots, fuel farms, and utilities.

§ 47119. Terminal development costs

(a) REPAYING BORROWED MONEY.—An amount apportioned

under section 47114 of this title and made available to the sponsor

of an air carrier airport at which terminal development was carried

out after June 30, 1970, and before July 12, 1976, is available

to repay immediately money borrowed and used to pay the costs

for terminal development at the airport, if those costs would be

allowable project costs under section 47110(d) of this title if they

had been incurred after September 3, 1982. An amount is available

for a grant under this subsection— (1) only if— (A) the sponsor submits the certification required under

section 47110(d) of this title;

(B) the Secretary of Transportation decides that using

the amount to repay the borrowed money will not defer

an airport development project outside the terminal area

at that airport; and

(C) amounts available for airport development under

this subchapter will not be used for additional terminal

development projects at the airport for at least 3 years

beginning on the date the grant is used to repay the borrowed money; and

(2) subject to the limitations in subsection (b)(1) and (2)

of this section.

(b) AVAILABILITY OF AMOUNTS.—In a fiscal year, the Secretary

may make available—

(1) to a sponsor of a primary airport, any part of amounts

apportioned to the sponsor for the fiscal year under section

47114(c)(1) of this title to pay project costs allowable under

section 47110(d) of this title;

(2) to a sponsor of a nonprimary commercial service airport,

not more than $200,000 of the amount that may be distributed

for the fiscal year from the discretionary fund to pay project

costs allowable under section 47110(d) of this title; or

(3) not more than $25,000,000 to pay project costs allowable

for the fiscal year under section 47110(d) of this title for projects

at commercial service airports that were not eligible for assistance for terminal development during the fiscal year ending

September 30, 1980, under section 20(b) of the Airport and

Airway Development Act of 1970.

§ 47120. Grant priority

In making a grant under this subchapter, the Secretary of

Transportation may give priority to a project that is consistent

with an integrated airport system plan.

§ 47121. Records and audits

(a) RECORDS.—A sponsor shall keep the records the Secretary

of Transportation requires. The Secretary may require records—

(1) that disclose—

(A) the amount and disposition by the sponsor of the

proceeds of the grant;
H. R. 1758—531

(B) the total cost of the plan or program for which

the grant is given or used; and

(C) the amounts and kinds of costs of the plan or

program provided by other sources; and

(2) that make it easier to carry out an audit.

(b) AUDITS AND EXAMINATIONS.—The Secretary and the

Comptroller General may audit and examine records of a sponsor

that are related to a grant made under this subchapter.

(c) AUTHORITY OF COMPTROLLER GENERAL.—When an independent audit is made of the accounts of a sponsor under this subchapter

related to the disposition of the proceeds of the grant or related

to the plan or program for which the grant was given or used,

the sponsor shall submit a certified copy of the audit to the

Comptroller General not more than 6 months after the end of

the fiscal year for which the audit was made. Not later than

April 15 of each year, the Comptroller General shall report to

Congress describing the results of each audit conducted or reviewed

by the Comptroller General under this section during the prior

fiscal year. The Comptroller General shall prescribe regulations

necessary to carry out this subsection.

(d) AUDIT REQUIREMENT.—The Secretary may require a sponsor

to conduct an appropriate audit as a condition for receiving a

grant under this subchapter.

(e) ANNUAL REVIEW.—The Secretary shall review annually the

recordkeeping and reporting requirements under this subchapter

to ensure that they are the minimum necessary to carry out this

subchapter.

(f) WITHHOLDING INFORMATION FROM CONGRESS.—This section

does not authorize the Secretary or the Comptroller General to

withhold information from a committee of Congress authorized to

have the information.

§ 47122. Administrative

(a) GENERAL.—The Secretary of Transportation may take action

the Secretary considers necessary to carry out this subchapter,

including conducting investigations and public hearings, prescribing

regulations and procedures, and issuing orders.

(b) CONDUCTING INVESTIGATIONS AND PUBLIC HEARINGS.—In

conducting an investigation or public hearing under this subchapter,

the Secretary has the same authority the Secretary has under

section 46104 of this title. An action of the Secretary in exercising

that authority is governed by the procedures specified in section

46104 and shall be enforced as provided in section 46104.

§ 47123. Nondiscrimination

The Secretary of Transportation shall take affirmative action

to ensure that an individual is not excluded because of race, creed,

color, national origin, or sex from participating in an activity carried

out with money received under a grant under this subchapter.

The Secretary shall prescribe regulations necessary to carry out

this section. The regulations shall be similar to those in effect

under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d

et seq.). This section is in addition to title VI of the Act.
H. R. 1758—532

§ 47124. Agreements for State and local operation of airport facilities

(a) GOVERNMENT RELIEF FROM LIABILITY.—The Secretary of Transportation shall ensure that an agreement under this subchapter with a State or a political subdivision of a State to allow

the State or subdivision to operate an airport facility in the State

or subdivision relieves the United States Government from any

liability arising out of, or related to, acts or omissions of employees

of the State or subdivision in operating the airport facility. (b) AIR TRAFFIC CONTROL CONTRACT PROGRAM.—(1) The Secretary shall continue the low activity (Visual Flight Rules) level

I air traffic control tower contract program established under subsection (a) of this section for towers existing on December 30,

1987, and extend the program to other towers as practicable. (2) The Secretary may make a contract, on a sole source basis, with a State or a political subdivision of a State to allow the

State or subdivision to operate an airport traffic control tower

classified as a level I (Visual Flight Rules) tower if the Secretary

decides that the State or subdivision has the capability to comply

with the requirements of this paragraph. The contract shall require

that the State or subdivision comply with applicable safety regulations in operating the facility and with applicable competition

requirements in making a subcontract to perform work to carry

out the contract.

§ 47125. Conveyances of United States Government land

(a) CONVEYANCES TO PUBLIC AGENCIES.—Except as provided in subsection (b) of this section, the Secretary of Transportation

shall request the head of the department, agency, or instrumentality

of the United States Government owning or controlling land or

airspace to convey a property interest in the land or airspace

to the public agency sponsoring the project or owning or controlling

the airport when necessary to carry out a project under this subchapter at a public airport, to operate a public airport, or for

the future development of an airport under the national plan of

integrated airport systems. The head of the department, agency,

or instrumentality shall decide whether the requested conveyance

is consistent with the needs of the department, agency, or

instrumentality and shall notify the Secretary of that decision not

later than 4 months after receiving the request. If the head of

the department, agency, or instrumentality decides that the

requested conveyance is consistent with its needs, the head of

the department, agency, or instrumentality, with the approval of

the Attorney General and without cost to the Government, shall

make the conveyance. A conveyance may be made only on the

condition that the property interest conveyed reverts to the Government, at the option of the Secretary, to the extent it is not developed

for an airport purpose or used consistently with the conveyance.

(b) NONAPPLICATION.—Except as specifically provided by law,

subsection (a) of this section does not apply to land or airspace

owned or controlled by the Government within—

(1) a national park, national monument, national recreation

area, or similar area under the administration of the National

Park Service;

(2) a unit of the National Wildlife Refuge System or similar

area under the jurisdiction of the United States Fish and Wildlife Service; or
H. R. 1758—533

(3) a national forest or Indian reservation.

§ 47126. Criminal penalties for false statements

A person (including an officer, agent, or employee of the United

States Government or a public agency) shall be fined under title

18, imprisoned for not more than 5 years, or both, if the person,

with intent to defraud the Government, knowingly makes— (1) a false statement about the kind, quantity, quality,

or cost of the material used or to be used, or the quantity,

quality, or cost of work performed or to be performed, in connection with the submission of a plan, map, specification, contract,

or estimate of project cost for a project included in a grant

application submitted to the Secretary of Transportation for

approval under this subchapter;

(2) a false statement or claim for work or material for

a project included in a grant application approved by the Secretary under this subchapter; or

(3) a false statement in a report or certification required

under this subchapter.

§ 47127. Ground transportation demonstration projects

(a) GENERAL AUTHORITY.—To improve the airport and airway

system of the United States consistent with regional airport system

plans financed under section 13(b) of the Airport and Airway Development Act of 1970, the Secretary of Transportation may carry

out ground transportation demonstration projects to improve ground

access to air carrier airport terminals. The Secretary may carry

out a demonstration project independently or by grant or contract,

including an agreement with another department, agency, or

instrumentality of the United States Government.

(b) PRIORITY.—In carrying out this section, the Secretary shall

give priority to a demonstration project that—

(1) affects an airport in an area with an operating regional

rapid transit system with existing facilities reasonably near

the airport;

(2) includes connection of the airport terminal to that system;

(3) is consistent with and supports a regional airport system

plan adopted by the planning agency for the region and submitted to the Secretary; and

(4) improves access to air transportation for individuals

residing or working in the region by encouraging the optimal

balance of use of airports in the region.

§ 47128. State block grant pilot program

(a) GENERAL REQUIREMENTS.—The Secretary of Transportation

shall prescribe regulations to carry out a State block grant pilot

program. The regulations shall provide that the Secretary may

designate not more than 7 qualified States to assume administrative

responsibility for all airport grant amounts available under this

subchapter, except for amounts designated for use at primary airports.

(b) APPLICATIONS AND SELECTION.—(1) A State wishing to

participate in the program must submit an application to the Secretary. The Secretary shall select a State on the basis of its application only after—
H. R. 1758—534

(A) deciding the State has an organization capable of effectively administering a block grant made under this section;

(B) deciding the State uses a satisfactory airport system

planning process;

(C) deciding the State uses a programming process acceptable to the Secretary;

(D) finding that the State has agreed to comply with United

States Government standard requirements for administering

the block grant; and

(E) finding that the State has agreed to provide the Secretary with program information the Secretary requires.

(2) For the fiscal years ending September 30, 1993–1996, the

States selected shall include Illinois, Missouri, and North Carolina.

(c) SAFETY AND SECURITY NEEDS AND NEEDS OF SYSTEM.—

Before deciding whether a planning process is satisfactory or a

programming process is acceptable under subsection (b)(2) or (3)

of this section, the Secretary shall ensure that the process provides

for meeting critical safety and security needs and that the programming process ensures that the needs of the national airport system

will be addressed in deciding which projects will receive money

from the Government.

(d) ENDING EFFECTIVE DATE AND REPORT.—This section is effective only through September 30, 1996.

§ 47129. Annual report

Not later than April 1 of each year, the Secretary of Transportation shall submit to Congress a report on activities carried out

under this subchapter during the prior fiscal year. The report

shall include—

(1) a detailed statement of airport development completed;

(2) the status of each project undertaken;

(3) the allocation of appropriations; and

(4) an itemized statement of expenditures and receipts.

SUBCHAPTER II—SURPLUS PROPERTY FOR PUBLIC

AIRPORTS

§ 47151. Authority to transfer an interest in surplus property

(a) GENERAL AUTHORITY.—Subject to sections 47152 and 47153

of this title, a department, agency, or instrumentality of the executive branch of the United States Government or a wholly owned

Government corporation may give a State, political subdivision

of a State, or tax-supported organization any interest in surplus

property—(1) that the Secretary of Transportation decides is— (A) desirable for developing, improving, operating, or maintaining a public airport (as defined in section 47102

of this title);

(B) reasonably necessary to fulfill the immediate and

foreseeable future requirements for developing, improving,

operating, or maintaining a public airport; or (C) needed for developing sources of revenue from

nonaviation businesses at a public airport; and

(2) if the Administrator of General Services approves the

gift and decides the interest is not best suited for industrial

use.
H. R. 1758—535

(b) ENSURING COMPLIANCE.—Only the Secretary may ensure

compliance with an instrument giving an interest in surplus property under this subchapter. The Secretary may amend the

instrument to correct the instrument or to make the gift comply

with law.

(c) DISPOSING OF INTERESTS NOT GIVEN UNDER THIS SUBCHAPTER.—An interest in surplus property that could be used at

a public airport but that is not given under this subchapter shall

be disposed of under other applicable law.

§ 47152. Terms of gifts

Except as provided in section 47153 of this title, the following

terms apply to a gift of an interest in surplus property under

this subchapter:

(1) A State, political subdivision of a State, or tax-supported

organization receiving the interest may use, lease, salvage,

or dispose of the interest for other than airport purposes only

after the Secretary of Transportation gives written consent

that the interest can be used, leased, salvaged, or disposed

of without materially and adversely affecting the development,

improvement, operation, or maintenance of the airport at which

the property is located.

(2) The interest shall be used and maintained for public

use and benefit without unreasonable discrimination.

(3) A right may not be vested in a person, excluding others

in the same class from using the airport at which the property

is located—

(A) to conduct an aeronautical activity requiring the

operation of aircraft; or

(B) to engage in selling or supplying aircraft, aircraft accessories, equipment, or supplies (except gasoline and

oil), or aircraft services necessary to operate aircraft

(including maintaining and repairing aircraft, aircraft

engines, propellers, and appliances).

(4) The State, political subdivision, or tax-supported

organization accepting the interest shall clear and protect the

aerial approaches to the airport by mitigating existing, and

preventing future, airport hazards. (5) During a national emergency declared by the President

or Congress, the United States Government is entitled to use,

control, or possess, without charge, any part of the public

airport at which the property is located. However, the Government shall—

(A) pay the entire cost of maintaining the part of

the airport it exclusively uses, controls, or possesses during

the emergency;

(B) contribute a reasonable share, consistent with the

Government’s use, of the cost of maintaining the property

it uses nonexclusively, or over which the Government has

nonexclusive control or possession, during the emergency;

and

(C) pay a fair rental for use, control, or possession

of improvements to the airport made without Government

assistance.

(6) The Government is entitled to the nonexclusive use,

without charge, of the landing area of an airport at which

the property is located. The Secretary may limit the use of
H. R. 1758—536

the landing area if necessary to prevent unreasonable interference with use by other authorized aircraft. However, the

Government shall—

(A) contribute a reasonable share, consistent with the

Government’s use, of the cost of maintaining and operating

the landing area; and

(B) pay for damages caused by its use of the landing

area if its use of the landing area is substantial.

(7) The State, political subdivision, or tax-supported

organization accepting the interest shall release the Government from all liability for damages arising under an agreement

that provides for Government use of any part of an airport

owned, controlled, or operated by the State, political subdivision, or tax-supported organization on which, adjacent to which,

or in connection with which, the property is located.

(8) When a term under this section is not satisfied, any

part of the interest in the property reverts to the Government,

at the option of the Government, as the property then exists.

§ 47153. Waiving and adding terms

(a) GENERAL AUTHORITY.—(1) The Secretary of Transportation

may waive, without charge, a term of a gift of an interest in

property under this subchapter if the Secretary decides that—

(A) the property no longer serves the purpose for which

it was given; or

(B) the waiver will not prevent carrying out the purpose

for which the gift was made and is necessary to advance the

civil aviation interests of the United States.

(2) The Secretary of Transportation shall waive a term under

paragraph (1) of this subsection on terms the Secretary considers

necessary to protect or advance the civil aviation interests of the

United States.

(b) WAIVERS AND INCLUSION OF ADDITIONAL TERMS ON

REQUEST.—On request of the Secretary of Transportation or the

Secretary of a military department, a department, agency, or

instrumentality of the executive branch of the United States

Government or a wholly owned Government corporation may waive

a term required by section 47152 of this title or add another

term if the appropriate Secretary decides it is necessary to protect

or advance the interests of the United States in civil aviation

or for national defense.

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.

§ 47301. Definitions

In this chapter—

(1) ‘‘airport property’’ means an interest in property used

or useful in operating and maintaining an airport.

(2) ‘‘airway property’’ means an interest in property used

or useful in operating and maintaining a ground installation,

facility, or equipment desirable for the orderly and safe oper-
H. R. 1758—537

ation of air traffic, including air navigation, air traffic control,

airway communication, and meteorological facilities.

(3) ‘‘foreign territory’’ means an area—

(A) over which no government or a government of

a foreign country has sovereignty;

(B) temporarily under military occupation by the

United States Government; or

(C) occupied or administered by the Government or

a government of a foreign country under an international

agreement.

(4) ‘‘territory outside the continental United States’’ means

territory outside the 48 contiguous States and the District

of Columbia.

§ 47302. Providing airport and airway property in foreign

territories

(a) GENERAL AUTHORITY.—Subject to the concurrence of the

Secretary of State and the consideration of objectives of the International Civil Aviation Organization—

(1) the Secretary of Transportation may acquire, establish,

and construct airport property and airway property (except

meteorological facilities) in foreign territory; and

(2) the Secretary of Commerce may acquire, establish, and

construct meteorological facilities in foreign territory.

(b) SPECIFIC APPROPRIATIONS REQUIRED.—Except for airport

property transferred under section 47304(b) of this title, an airport

(as defined in section 40102(a) of this title) may be acquired, established, or constructed under subsection (a) of this section only

if amounts have been appropriated specifically for the airport. (c) ACCEPTING FOREIGN PAYMENTS.—The Secretary of Transportation or Commerce, as appropriate, may accept payment from

a government of a foreign country or international organization

for facilities or services sold or provided the government or organization under this chapter. The amount received may be credited

to the appropriation current when the expenditures are or were

paid, the appropriation current when the amount is received, or

both.

§ 47303. Training foreign citizens

Subject to the concurrence of the Secretary of State, the Secretary of Transportation or Commerce, as appropriate, may train

a foreign citizen in a subject related to aeronautics and essential

to the orderly and safe operation of civil aircraft. The training

may be provided— (1) directly by the appropriate Secretary or jointly with

another department, agency, or instrumentality of the United

States Government;

(2) through a public or private agency of the United States

(including a State or municipal educational institution); or

(3) through an international organization.

§ 47304. Transfer of airport and airway property

(a) GENERAL AUTHORITY.—When requested by the government

of a foreign country or an international organization, the Secretary

of Transportation or Commerce, as appropriate, may transfer to

the government or organization airport property and airway property operated and maintained under this chapter by the appropriate
H. R. 1758—538

Secretary in foreign territory. The transfer shall be on terms the

appropriate Secretary considers proper, including consideration

agreed on through negotiations with the government or organization.

(b) PROPERTY INSTALLED OR CONTROLLED BY MILITARY.—Subject to terms to which the parties agree, the Secretary of a military

department may transfer without charge to the Secretary of

Transportation airport property and airway property (except meteorological facilities), and to the Secretary of Commerce meteorological facilities, that the Secretary of the military department installed

or controls in territory outside the continental United States. The

transfer may be made if consistent with the needs of national

defense and—

(1) the Secretary of the military department finds that

the property or facility is no longer required exclusively for

military purposes; and

(2) the Secretary of Transportation or Commerce, as appropriate, decides that the transfer is or may be necessary to

carry out this chapter.

(c) REPUBLIC OF PANAMA.—(1) The Secretary of Transportation

may provide, operate, and maintain facilities and services for air

navigation, airway communications, and air traffic control in the

Republic of Panama subject to—

(A) the approval of the Secretary of Defense; and

(B) each obligation assumed by the United States Government under an agreement between the Government and the

Republic of Panama.

(2) The Secretary of a military department may transfer without

charge to the Secretary of Transportation property located in the

Republic of Panama when the Secretary of Transportation decides

that the transfer may be useful in carrying out this chapter.

(3) Subsection (b) of this section (related to the Secretary of

Transportation) and section 47302(a) and (b) of this title do not

apply in carrying out this subsection.

(d) RETAKING PROPERTY FOR MILITARY REQUIREMENT.—(1)

When necessary for a military requirement, the Secretary of a

military department immediately may retake property (with any

improvements to it) transferred by the Secretary under subsection

(b) or (c) of this section. The Secretary shall pay reasonable compensation to each person (or its successor in interest) that made

an improvement to the property that was not made at the expense

of the Government. The Secretary or a delegate of the Secretary

shall decide on the amount of compensation.

(2) On the recommendation of the Secretary of Transportation

or Commerce, as appropriate, the Secretary of a military department may decide not to act under paragraph (1) of this subsection.

§ 47305. Administrative

(a) GENERAL AUTHORITY.—The Secretary of Transportation

shall consolidate, operate, protect, maintain, and improve airport

property and airway property (except meteorological facilities), and

the Secretary of Commerce may consolidate, operate, protect, maintain, and improve meteorological facilities, that the appropriate

Secretary has acquired and that are located in territory outside

the continental United States. In carrying out this section, the

appropriate Secretary may—
H. R. 1758—539

(1) adapt the property or facility to the needs of civil

aeronautics;

(2) lease the property or facility for not more than 20

years;

(3) make a contract, or provide directly, for facilities and

services;

(4) make reasonable charges for aeronautical services; and

(5) acquire an interest in property.

(b) CREDITING APPROPRIATIONS.—Money received from the

direct sale or charge that the Secretary of Transportation or Commerce, as appropriate, decides is equivalent to the cost of facilities

and services sold or provided under subsection (a)(3) and (4) of

this section is credited to the appropriation from which the cost

was paid. The balance shall be deposited in the Treasury as miscellaneous receipts.

(c) USING OTHER GOVERNMENT FACILITIES AND SERVICES.—

To carry out this chapter and to use personnel and facilities of

the United States Government most advantageously and without

unnecessary duplication, the Secretary of Transportation or Commerce, as appropriate, shall request, when practicable, to use a

facility or service of an appropriate department, agency, or

instrumentality of the Government on a reimbursable basis. A

department, agency, or instrumentality receiving a request under

this section may provide the facility or service.

(d) ADVERTISING NOT REQUIRED.—Section 3709 of the Revised

Statutes (41 U.S.C. 5) does not apply to a lease or contract made

by the Secretary of Transportation or Commerce under this chapter.

§ 47306. Criminal penalty

A person that knowingly and willfully violates a regulation

prescribed by the Secretary of Transportation to carry out this

chapter shall be fined under title 18, imprisoned for not more

than 6 months, or both.

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.
H. R. 1758—540

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.

SUBCHAPTER I—NOISE ABATEMENT

§ 47501. Definitions

In this subchapter—

(1) ‘‘airport’’ means a public-use airport as defined in section 47102 of this title.

(2) ‘‘airport operator’’ means—

(A) for an airport serving air carriers that have certificates from the Secretary of Transportation, any person

holding an airport operating certificate issued under section

44706 of this title; and

(B) for any other airport, the person operating the

airport.

§ 47502. Noise measurement and exposure systems and

identifying land use compatible with noise exposure

After consultation with the Administrator of the Environmental

Protection Agency and United States Government, State, and interstate agencies that the Secretary of Transportation considers appropriate, the Secretary shall by regulation—

(1) establish a single system of measuring noise that—

(A) has a highly reliable relationship between projected

noise exposure and surveyed reactions of individuals to

noise; and

(B) is applied uniformly in measuring noise at airports

and the surrounding area;

(2) establish a single system for determining the exposure

of individuals to noise resulting from airport operations, including noise intensity, duration, frequency, and time of occurrence;

and

(3) identify land uses normally compatible with various

exposures of individuals to noise.

§ 47503. Noise exposure maps

(a) SUBMISSION AND PREPARATION.—An airport operator may

submit to the Secretary of Transportation a noise exposure map

showing the noncompatible uses in each area of the map on the

date the map is submitted, a description of estimated aircraft operations during 1985, and how those operations will affect the map.

The map shall—

(1) be prepared in consultation with public agencies and

planning authorities in the area surrounding the airport; and (2) comply with regulations prescribed under section 47502

of this title.

(b) REVISED MAPS.—If a change in the operation of an airport

will establish a substantial new noncompatible use in an area

surrounding the airport, the airport operator shall submit a revised

noise exposure map to the Secretary showing the new noncompatible

use.
H. R. 1758—541

§ 47504. Noise compatibility programs

(a) SUBMISSIONS.—(1) An airport operator that submitted a noise exposure map and related information under section 47503(a)

of this title may submit a noise compatibility program to the Secretary of Transportation after— (A) consulting with public agencies and planning authori- ties in the area surrounding the airport, United States Government officials having local responsibility for the airport, and

air carriers using the airport; and (B) notice and an opportunity for a public hearing. (2) A program submitted under paragraph (1) of this subsection shall state the measures the operator has taken or proposes to

take to reduce existing noncompatible uses and prevent introducing

additional noncompatible uses in the area covered by the map.

The measures may include— (A) establishing a preferential runway system;

(B) restricting the use of the airport by a type or class of aircraft because of the noise characteristics of the aircraft;

(C) constructing barriers and acoustical shielding and soundproofing public buildings; (D) using flight procedures to control the operation of air- craft to reduce exposure of individuals to noise in the area

surrounding the airport; and (E) acquiring land, air rights, easements, development rights, and other interests to ensure that the property will

be used in ways compatible with airport operations.

(b) APPROVALS.—(1) The Secretary shall approve or disapprove a program submitted under subsection (a) of this section (except

as the program is related to flight procedures referred to in subsection (a)(2)(D) of this section) not later than 180 days after receiving it. The Secretary shall approve the program (except as the

program is related to flight procedures referred to in subsection

(a)(2)(D)) if the program— (A) does not place an unreasonable burden on interstate

or foreign commerce; (B) is reasonably consistent with achieving the goal of reducing noncompatible uses and preventing the introduction

of additional noncompatible uses; and (C) provides for necessary revisions because of a revised map submitted under section 47503(b) of this title.

(2) A program (except as the program is related to flight proce- dures referred to in subsection (a)(2)(D) of this section) is deemed

to be approved if the Secretary does not act within the 180-day

period.

(3) The Secretary shall submit any part of a program related

to flight procedures referred to in subsection (a)(2)(D) of this section

to the Administrator of the Federal Aviation Administration. The

Administrator shall approve or disapprove that part of the program.

(c) GRANTS.—(1) The Secretary may incur obligations to make

grants from amounts available under section 48103 of this title

to carry out a project under a part of a noise compatibility program

approved under subsection (b) of this section. A grant may be

made to—

(A) an airport operator submitting the program;

(B) a unit of local government in the area surrounding

the airport, if the Secretary decides the unit is able to carry

out the project;
H. R. 1758—542

(C) an airport operator or unit of local government referred

to in clause (A) or (B) of this paragraph to carry out any

part of a program developed before February 18, 1980, or before

implementing regulations were prescribed, if the Secretary

decides the program is substantially consistent with reducing

existing noncompatible uses and preventing the introduction

of additional noncompatible uses and the purposes of this chapter will be furthered by promptly carrying out the program;

and

(D) an airport operator or unit of local government referred

to in clause (A) or (B) of this paragraph to soundproof a building

in the noise impact area surrounding the airport that is used

primarily for educational or medical purposes and that the

Secretary decides is adversely affected by airport noise.

(2) An airport operator may agree to make a grant made

under paragraph (1)(A) of this subsection available to a public

agency in the area surrounding the airport if the Secretary decides

the agency is able to carry out the project.

(3) The Government’s share of a project for which a grant

is made under paragraph (1) of this subsection is the greater

of—

(A) 80 percent of the cost of the project; or

(B) the Government’s share that would apply if the amounts

available for the project were made available under subchapter

I of chapter 471 of this title for a project at the airport.

(4) The provisions of subchapter I of chapter 471 of this title

related to grants apply to a grant made under this chapter, except—

(A) section 47109(a) and (b) of this title; and

(B) any provision that the Secretary decides is inconsistent

with, or unnecessary to carry out, this chapter.

(d) GOVERNMENT RELIEF FROM LIABILITY.—The Government

is not liable for damages from aviation noise because of action

taken under this section.

§ 47505. Airport noise compatibility planning grants

(a) GENERAL AUTHORITY.—The Secretary of Transportation may

make a grant to a sponsor of an airport to develop, for planning

purposes, information necessary to prepare and submit—

(1) a noise exposure map and related information under

section 47503 of this title, including the cost of obtaining the

information; or

(2) a noise compatibility program under section 47504 of

this title.

(b) AVAILABILITY OF AMOUNTS AND GOVERNMENT’S SHARE OF

COSTS.—A grant under subsection (a) of this section may be made

from amounts available under section 48103 of this title. The United

States Government’s share of the grant is the percent for which

a project for airport development at an airport would be eligible

under section 47109(a) and (b) of this title.

§ 47506. Limitations on recovering damages for noise

(a) GENERAL LIMITATIONS.—A person acquiring an interest in

property after February 18, 1980, in an area surrounding an airport

for which a noise exposure map has been submitted under section

47503 of this title and having actual or constructive knowledge

of the existence of the map may recover damages for noise attrib-
H. R. 1758—543

utable to the airport only if, in addition to any other elements

for recovery of damages, the person shows that—

(1) after acquiring the interest, there was a significant—

(A) change in the type or frequency of aircraft operations at the airport;

(B) change in the airport layout;

(C) change in flight patterns; or

(D) increase in nighttime operations; and

(2) the damages resulted from the change or increase.

(b) CONSTRUCTIVE KNOWLEDGE.—Constructive knowledge of the

existence of a map under subsection (a) of this section shall be

imputed, at a minimum, to a person if—

(1) before the person acquired the interest, notice of the

existence of the map was published at least 3 times in a

newspaper of general circulation in the county in which the

property is located; or

(2) the person is given a copy of the map when acquiring

the interest.

§ 47507. Nonadmissibility of noise exposure map and related

information as evidence

No part of a noise exposure map or related information

described in section 47503 of this title that is submitted to, or

prepared by, the Secretary of Transportation and no part of a

list of land uses the Secretary identifies as normally compatible

with various exposures of individuals to noise may be admitted

into evidence or used for any other purpose in a civil action asking

for relief for noise resulting from the operation of an airport.

§ 47508. Noise standards for air carriers and foreign air carriers providing foreign air transportation

(a) GENERAL REQUIREMENTS.—The Secretary of Transportation

shall require each air carrier and foreign air carrier providing

foreign air transportation to comply with noise standards—

(1) the Secretary prescribed for new subsonic aircraft in

regulations of the Secretary in effect on January 1, 1977; or

(2) of the International Civil Aviation Organization that

are substantially compatible with standards of the Secretary

for new subsonic aircraft in regulations of the Secretary at

parts 36 and 91 of title 14, Code of Federal Regulations, prescribed between January 2, 1977, and January 1, 1982.

(b) COMPLIANCE AT PHASED RATE.—The Secretary shall require

each air carrier and foreign air carrier providing foreign air

transportation to comply with the noise standards at a phased

rate similar to the rate for aircraft registered in the United States.

(c) NONDISCRIMINATION.—The requirement for air carriers

providing foreign air transportation may not be more stringent

than the requirement for foreign air carriers.

SUBCHAPTER II—NATIONAL AVIATION NOISE POLICY

§ 47521. Findings

Congress finds that—

(1) aviation noise management is crucial to the continued

increase in airport capacity;
H. R. 1758—544

(2) community noise concerns have led to uncoordinated

and inconsistent restrictions on aviation that could impede

the national air transportation system;

(3) a noise policy must be carried out at the national

level;

(4) local interest in aviation noise management shall be

considered in determining the national interest;

(5) community concerns can be alleviated through the use

of new technology aircraft and the use of revenues, including

those available from passenger facility fees, for noise management;

(6) revenues controlled by the United States Government

can help resolve noise problems and carry with them a responsibility to the national airport system;

(7) revenues derived from a passenger facility fee may

be applied to noise management and increased airport capacity;

and

(8) a precondition to the establishment and collection of

a passenger facility fee is the prescribing by the Secretary

of Transportation of a regulation establishing procedures for

reviewing airport noise and access restrictions on operations

of stage 2 and stage 3 aircraft.

§ 47522. Definitions

In this subchapter—

(1) ‘‘air carrier’’, ‘‘air transportation’’, and ‘‘United States’’

have the same meanings given those terms in section 40102(a)

of this title.

(2) ‘‘stage 3 noise levels’’ means the stage 3 noise levels

in part 36 of title 14, Code of Federal Regulations, in effect

on November 5, 1990.

§ 47523. National aviation noise policy

(a) GENERAL REQUIREMENTS.—Not later than July 1, 1991,

the Secretary of Transportation shall establish by regulation a

national aviation noise policy that considers this subchapter, including the phaseout and nonaddition of stage 2 aircraft as provided

in this subchapter and dates for carrying out that policy and reporting requirements consistent with this subchapter and law existing

as of November 5, 1990.

(b) DETAILED ECONOMIC ANALYSIS.—The policy shall be based

on a detailed economic analysis of the impact of the phaseout

date for stage 2 aircraft on competition in the airline industry,

including—(1) the ability of air carriers to achieve capacity growth

consistent with the projected rate of growth for the airline

industry;

(2) the impact of competition in the airline and air cargo

industries;

(3) the impact on nonhub and small community air service;

and

(4) the impact on new entry into the airline industry.

§ 47524. Airport noise and access restriction review program

(a) GENERAL REQUIREMENTS.—The national aviation noise policy established under section 47523 of this title shall provide for

establishing by regulation a national program for reviewing airport
H. R. 1758—545

noise and access restrictions on the operation of stage 2 and stage

3 aircraft. The program shall provide for adequate public notice

and opportunity for comment on the restrictions.

(b) STAGE 2 AIRCRAFT.—Except as provided in subsection (d)

of this section, an airport noise or access restriction may include

a restriction on the operation of stage 2 aircraft proposed after

October 1, 1990, only if the airport operator publishes the proposed

restriction and prepares and makes available for public comment

at least 180 days before the effective date of the proposed restriction—

(1) an analysis of the anticipated or actual costs and benefits of the existing or proposed restriction;

(2) a description of alternative restrictions;

(3) a description of the alternative measures considered

that do not involve aircraft restrictions; and

(4) a comparison of the costs and benefits of the alternative

measures to the costs and benefits of the proposed restriction.

(c) STAGE 3 AIRCRAFT.—(1) Except as provided in subsection

(d) of this section, an airport noise or access restriction on the

operation of stage 3 aircraft not in effect on October 1, 1990,

may become effective only if the restriction has been agreed to

by the airport proprietor and all aircraft operators or has been

submitted to and approved by the Secretary of Transportation after

an airport or aircraft operator’s request for approval as provided

by the program established under this section. Restrictions to which

this paragraph applies include—

(A) a restriction on noise levels generated on either a

single event or cumulative basis; (B) a restriction on the total number of stage 3 aircraft

operations;

(C) a noise budget or noise allocation program that would

include stage 3 aircraft; (D) a restriction on hours of operations; and

(E) any other restriction on stage 3 aircraft. (2) Not later than 180 days after the Secretary receives an

airport or aircraft operator’s request for approval of an airport

noise or access restriction on the operation of a stage 3 aircraft,

the Secretary shall approve or disapprove the restriction. The Secretary may approve the restriction only if the Secretary finds on

the basis of substantial evidence that—

(A) the restriction is reasonable, nonarbitrary, and nondiscriminatory; (B) the restriction does not create an unreasonable burden

on interstate or foreign commerce; (C) the restriction is not inconsistent with maintaining

the safe and efficient use of the navigable airspace;

(D) the restriction does not conflict with a law or regulation

of the United States;

(E) an adequate opportunity has been provided for public

comment on the restriction; and

(F) the restriction does not create an unreasonable burden

on the national aviation system.

(3) Paragraphs (1) and (2) of this subsection do not apply

if the Administrator of the Federal Aviation Administration, before

November 5, 1990, has formed a working group (outside the process

established by part 150 of title 14, Code of Federal Regulations)

with a local airport operator to examine the noise impact of air
H. R. 1758—546

traffic control procedure changes at the airport. However, if an

agreement on noise reductions at that airport is made between

the airport proprietor and one or more air carriers or foreign air

carriers that constitute a majority of the carrier use of the airport,

this paragraph applies only to a local action to enforce the agreement.

(4) The Secretary may reevaluate an airport noise or access

restriction previously agreed to or approved under this subsection

on request of an aircraft operator able to demonstrate to the satisfaction of the Secretary that there has been a change in the noise

environment of the affected airport that justifies a reevaluation.

The Secretary shall establish by regulation procedures for conducting a reevaluation. A reevaluation—

(A) shall be based on the criteria in paragraph (2) of

this subsection; and

(B) may be conducted only after 2 years after a decision

under paragraph (2) of this subsection has been made.

(d) NONAPPLICATION.—Subsections (b) and (c) of this section

do not apply to—

(1) a local action to enforce a negotiated or executed airport

noise or access agreement between the airport operator and

the aircraft operators in effect on November 5, 1990;

(2) a local action to enforce a negotiated or executed airport

noise or access restriction agreed to by the airport operator

and the aircraft operators before November 5, 1990;

(3) an intergovernmental agreement including an airport

noise or access restriction in effect on November 5, 1990;

(4) a subsequent amendment to an airport noise or access

agreement or restriction in effect on November 5, 1990, that

does not reduce or limit aircraft operations or affect aircraft

safety; (5)(A) an airport noise or access restriction adopted by

an airport operator not later than October 1, 1990, and stayed

as of October 1, 1990, by a court order or as a result of

litigation, if any part of the restriction is subsequently allowed

by a court to take effect; or (B) a new restriction imposed by an airport operator to replace any part of a restriction described in subclause (A)

of this clause that is disallowed by a court, if the new restriction

would not prohibit aircraft operations in effect on November

5, 1990; or

(6) a local action that represents the adoption of the final

part of a program of a staged airport noise or access restriction

if the initial part of the program was adopted during 1988

and was in effect on November 5, 1990.

(e) GRANT LIMITATIONS.—Beginning on the 91st day after the

Secretary prescribes a regulation under subsection (a) of this section, a sponsor of a facility operating under an airport noise or

access restriction on the operation of stage 3 aircraft that first

became effective after October 1, 1990, is eligible for a grant under

section 47104 of this title and is eligible to impose a passenger

facility fee under section 40117 of this title only if the restriction

has been—

(1) agreed to by the airport proprietor and aircraft operators;

(2) approved by the Secretary as required by subsection

(c)(1) of this section; or
H. R. 1758—547

(3) rescinded.

§ 47525. Decision about airport noise and access restrictions

on certain stage 2 aircraft

The Secretary of Transportation shall conduct a study and

decide on the application of section 47524(a)–(d) of this title to

airport noise and access restrictions on the operation of stage 2

aircraft with a maximum weight of not more than 75,000 pounds.

In making the decision, the Secretary shall consider—

(1) noise levels produced by those aircraft relative to other

aircraft;

(2) the benefits to general aviation and the need for efficiency in the national air transportation system;

(3) the differences in the nature of operations at airports

and the areas immediately surrounding the airports;

(4) international standards and agreements on aircraft

noise; and

(5) other factors the Secretary considers necessary.

§ 47526. Limitations for noncomplying airport noise and

access restrictions

Unless the Secretary of Transportation is satisfied that an

airport is not imposing an airport noise or access restriction not

in compliance with this subchapter, the airport may not—

(1) receive money under subchapter I of chapter 471 of

this title; or

(2) impose a passenger facility fee under section 40117

of this title.

§ 47527. Liability of the United States Government for noise

damages

When a proposed airport noise or access restriction is disapproved under this subchapter, the United States Government

shall assume liability for noise damages only to the extent that

a taking has occurred as a direct result of the disapproval. The

United States Court of Federal Claims has exclusive jurisdiction

of a civil action under this section.

§ 47528. Prohibition on operating certain aircraft not

complying with stage 3 noise levels

(a) PROHIBITION.—Except as provided in subsection (b) of this

section and section 47530 of this title, a person may operate after

December 31, 1999, a civil subsonic turbojet with a maximum

weight of more than 75,000 pounds to or from an airport in the

United States only if the Secretary of Transportation finds that

the aircraft complies with the stage 3 noise levels.

(b) WAIVERS.—(1) If, not later than July 1, 1999, at least

85 percent of the aircraft used by an air carrier to provide air

transportation comply with the stage 3 noise levels, the carrier

may apply for a waiver of subsection (a) of this section for the

remaining aircraft used by the carrier to provide air transportation.

The application must be filed with the Secretary not later than

January 1, 1999, and must include a plan with firm orders for

making all aircraft used by the carrier to provide air transportation

comply with the noise levels not later than December 31, 2003.

(2) The Secretary may grant a waiver under this subsection

if the Secretary finds it would be in the public interest. In making
H. R. 1758—548

the finding, the Secretary shall consider the effect of granting

the waiver on competition in the air carrier industry and on small

community air service.

(3) A waiver granted under this subsection may not permit

the operation of stage 2 aircraft in the United States after December

31, 2003.

(c) SCHEDULE FOR PHASED-IN COMPLIANCE.—The Secretary

shall establish by regulation a schedule for phased-in compliance

with subsection (a) of this section. The phase-in period shall begin

on November 5, 1990, and end before December 31, 1999. The

regulations shall establish interim compliance dates. The schedule

for phased-in compliance shall be based on—

(1) a detailed economic analysis of the impact of the phaseout date for stage 2 aircraft on competition in the airline

industry, including—

(A) the ability of air carriers to achieve capacity growth

consistent with the projected rate of growth for the airline

industry;

(B) the impact of competition in the airline and air

cargo industries;

(C) the impact on nonhub and small community air

service; and

(D) the impact on new entry into the airline industry;

and

(2) an analysis of the impact of aircraft noise on individuals

residing near airports.

(d) ANNUAL REPORT.—Beginning with calendar year 1992—

(1) each air carrier shall submit to the Secretary an annual

report on the progress the carrier is making toward complying

with the requirements of this section and regulations prescribed

under this section; and

(2) the Secretary shall submit to Congress an annual report

on the progress being made toward that compliance.

(e) HAWAIIAN OPERATIONS.—(1) In this subsection, ‘‘turnaround

service’’ means a flight between places only in Hawaii. (2)(A) An air carrier or foreign air carrier may not operate

in Hawaii, or between a place in Hawaii and a place outside

the 48 contiguous States, a greater number of stage 2 aircraft

with a maximum weight of more than 75,000 pounds than it operated in Hawaii, or between a place in Hawaii and a place outside

the 48 contiguous States, on November 5, 1990. (B) An air carrier that provided turnaround service in Hawaii

on November 5, 1990, using stage 2 aircraft with a maximum

weight of more than 75,000 pounds may include in the number

of aircraft authorized under subparagraph (A) of this paragraph

all stage 2 aircraft with a maximum weight of more than 75,000

pounds that were owned or leased by that carrier on that date,

whether or not the aircraft were operated by the carrier on that

date.

(3) An air carrier may provide turnaround service in Hawaii

using stage 2 aircraft with a maximum weight of more than 75,000

pounds only if the carrier provided the service on November 5,

1990.

§ 47529. Nonaddition rule

(a) GENERAL LIMITATIONS.—Except as provided in subsection

(b) of this section and section 47530 of this title, a person may
H. R. 1758—549

operate a civil subsonic turbojet aircraft with a maximum weight

of more than 75,000 pounds that is imported into the United States

after November 4, 1990, only if the aircraft—

(1) complies with the stage 3 noise levels; or

(2) was purchased by the person importing the aircraft

into the United States under a legally binding contract made

before November 5, 1990.

(b) EXEMPTIONS.—The Secretary of Transportation may provide

an exemption from subsection (a) of this section to permit a person

to obtain modifications to an aircraft to meet the stage 3 noise

levels.

(c) AIRCRAFT DEEMED NOT IMPORTED.—In this section, an aircraft is deemed not to have been imported into the United States

if the aircraft—

(1) was owned on November 5, 1990, by—

(A) a corporation, trust, or partnership organized under

the laws of the United States or a State (including the

District of Columbia);

(B) an individual who is a citizen of the United States;

or

(C) an entity that is owned or controlled by a corporation, trust, partnership, or individual described in

subclause (A) or (B) of this clause; and

(2) enters the United States not later than 6 months after

the expiration of a lease agreement (including any extension)

between an owner described in clause (1) of this subsection

and a foreign carrier.

§ 47530. Nonapplication of sections 47528(a)–(d) and 47529

to aircraft outside the 48 contiguous States

Sections 47528(a)–(d) and 47529 of this title do not apply to

aircraft used only to provide air transportation outside the 48

contiguous States. A civil subsonic turbojet aircraft with a maximum

weight of more than 75,000 pounds that is imported into a noncontiguous State or a territory or possession of the United States

after November 4, 1990, may be used to provide air transportation

in the 48 contiguous States only if the aircraft complies with the

stage 3 noise levels.

§ 47531. Penalties for violating sections 47528–47530

A person violating sections 47528, 47529, or 47530 of this

title or a regulation prescribed under those sections is subject

to the same civil penalties and procedures under chapter 463 of

this title as a person violating section 44701(a) or (b) or 44702–

44716 of this title.

§ 47532. Judicial review

An action taken by the Secretary of Transportation under sections 47528–47531 of this title is subject to judicial review as

provided under section 46110 of this title.

§ 47533. Relationship to other laws

Except as provided by section 47524 of this title, this subchapter

does not affect—

(1) law in effect on November 5, 1990, on airport noise

or access restrictions by local authorities;
H. R. 1758—550

(2) any proposed airport noise or access restriction at a

general aviation airport if the airport proprietor has formally

initiated a regulatory or legislative process before October 2,

1990; or

(3) the authority of the Secretary of Transportation to

seek and obtain legal remedies the Secretary considers appropriate, including injunctive relief.

PART C—FINANCING

CHAPTER 481—AIRPORT AND AIRWAY TRUST FUND

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.

§ 48101. Air navigation facilities

(a) GENERAL AUTHORIZATION OF APPROPRIATIONS.—Not more

than a total of the following amounts may be appropriated to

the Secretary of Transportation out of the Airport and Airway

Trust Fund established under section 9502 of the Internal Revenue

Code of 1986 (26 U.S.C. 9502) to acquire, establish, and improve

air navigation facilities under section 44502(a)(1)(A) of this title:

(1) for the fiscal years ending September 30, 1991–1993,

$8,200,000,000.

(2) for the fiscal years ending September 30, 1991–1994,

$11,100,000,000.

(3) for the fiscal years ending September 30, 1991–1995,

$14,000,000,000.

(b) MAJOR AIRWAY CAPITAL INVESTMENT PLAN CHANGES.—If

the Secretary decides that it is necessary to augment or substantially modify elements of the Airway Capital Investment Plan

referred to in section 44501(b) of this title (including a decision

that it is necessary to establish more than 23 area control facilities),

not more than $100,000,000 may be appropriated to the Secretary

out of the Fund for the fiscal year ending September 30, 1994,

to carry out the augmentation or modification. (c) AVAILABILITY OF AMOUNTS.—Amounts appropriated under

this section remain available until expended.

§ 48102. Research and development

(a) AUTHORIZATION OF APPROPRIATIONS.—Not more than the

following amounts may be appropriated to the Secretary of

Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986

(26 U.S.C. 9502) to carry out sections 44504, 44505, 44507, 44509,

and 44511–44513 of this title:

(1) for the fiscal year ending September 30, 1993—
H. R. 1758—551

(A) $14,700,000 only for management and analysis

projects and activities.

(B) $87,000,000 only for capacity and air traffic

management technology projects and activities.

(C) $28,000,000 only for communications, navigation,

and surveillance projects and activities.

(D) $7,700,000 only for weather projects and activities.

(E) $6,800,000 only for airport technology projects and

activities.

(F) $44,000,000 only for aircraft safety technology

projects and activities.

(G) $41,100,000 only for system security technology

projects and activities.

(H) $31,000,000 only for human factors and aviation

medicine projects and activities.

(I) $4,500,000 for environment and energy projects and

activities.

(J) $5,200,000 for innovative and cooperative research

projects and activities.

(2) for the fiscal year ending September 30, 1994,

$297,000,000.

(b) AVAILABILITY FOR RESEARCH.—(1) At least 15 percent of

the amount appropriated under subsection (a) of this section shall

be for long-term research projects.

(2) At least 3 percent of the amount appropriated under subsection (a) of this section shall be available to the Administrator

of the Federal Aviation Administration to make grants under section

44511 of this title.

(c) TRANSFERS BETWEEN CATEGORIES.—(1) Not more than 10

percent of the net amount authorized for a category of projects

and activities in a fiscal year under subsection (a) of this section

may be transferred to or from that category in that fiscal year.

(2) The Secretary may transfer more than 10 percent of an

authorized amount to or from a category only after—

(A) submitting a written explanation of the proposed transfer to the Committees on Science, Space, and Technology and

Appropriations of the House of Representatives and the

Committees on Commerce, Science, and Transportation and

Appropriations of the Senate; and

(B) 30 days have passed after the explanation is submitted

or each Committee notifies the Secretary in writing that it

does not object to the proposed transfer.

(d) AIRPORT CAPACITY RESEARCH AND DEVELOPMENT.—(1) Of

the amounts made available under subsection (a) of this section,

at least $25,000,000 may be appropriated each fiscal year for

research and development under section 44505(a) and (c) of this

title on preserving and enhancing airport capacity, including

research and development on improvements to airport design standards, maintenance, safety, operations, and environmental concerns.

(2) The Administrator shall submit to the Committees on

Science, Space, and Technology and Public Works and Transportation of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on

expenditures made under paragraph (1) of this subsection for each

fiscal year. The report shall be submitted not later than 60 days

after the end of the fiscal year.
H. R. 1758—552

(e) AIR TRAFFIC CONTROLLER PERFORMANCE RESEARCH.—Necessary amounts may be appropriated to the Secretary out of

amounts in the Fund available for research and development to

conduct research under section 44506(a) and (b) of this title.

(f) AVAILABILITY OF AMOUNTS.—Amounts appropriated under

subsection (a) of this section remain available until expended.

§ 48103. Airport planning and development and noise

compatibility planning and programs

Not more than a total of $15,966,700,000 is available to the

Secretary of Transportation for the fiscal years ending September

30, 1982–1993, out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986

(26 U.S.C. 9502) to make grants for airport planning and airport

development under section 47104 of this title, airport noise compatibility planning under section 47505(a)(2) of this title, and carrying

out noise compatibility programs under section 47504(c) of this

title.

§ 48104. Certain direct costs and joint air navigation services

(a) AUTHORIZATION OF APPROPRIATIONS.—Except as provided

in this section, the balance of the money available in the Airport

and Airway Trust Fund established under section 9502 of the

Internal Revenue Code of 1986 (26 U.S.C. 9502) may be appropriated to the Secretary of Transportation out of the Fund for—

(1) direct costs the Secretary incurs to flight check, operate,

and maintain air navigation facilities referred to in section

44502(a)(1)(A) of this title safely and efficiently; and (2) the costs of services provided under international agreements related to the joint financing of air navigation services

assessed against the United States Government.

(b) LIMITATION.—The amount that may be appropriated out

of the Fund for each of the fiscal years ending September 30,

1993–1995, may not be more than an amount equal to— (1) 75 percent of the amount made available under sections

106(k) and 48101–48103 of this title for that fiscal year; less (2) the amount made available under sections 48101–48103

of this title for that fiscal year.

§ 48105. Weather reporting services

To reimburse the Secretary of Commerce for the cost incurred

by the National Oceanic and Atmospheric Administration of providing weather reporting services to the Federal Aviation Administration, the Secretary of Transportation may expend from amounts

available under section 48104 of this title not more than the following amounts:

(1) for the fiscal year ending September 30, 1993,

$35,596,000.

(2) for the fiscal year ending September 30, 1994,

$37,800,000.

(3) for the fiscal year ending September 30, 1995,

$39,000,000.

§ 48106. Airway science curriculum grants

Amounts are available from the Airport and Airway Trust

Fund established under section 9502 of the Internal Revenue Code
H. R. 1758—553

of 1986 (26 U.S.C. 9502) to carry out section 44510 of this title.

The amounts remain available until expended.

§ 48107. Civil aviation security research and development

After the review under section 44912(b) of this title is completed, necessary amounts may be appropriated to the Secretary

of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986

(26 U.S.C. 9502) to make grants under section 44912(a)(4)(A).

§ 48108. Availability and uses of amounts

(a) AVAILABILITY OF AMOUNTS.—Amounts equal to the amounts

authorized under sections 48101–48105 of this title remain in the

Airport and Airway Trust Fund established under section 9502

of the Internal Revenue Code of 1986 (26 U.S.C. 9502) until appropriated for the purposes of sections 48101–48105.

(b) LIMITATIONS ON USES.—(1) Amounts in the Fund may be

appropriated only to carry out a program or activity referred to

in this chapter.

(2) Amounts in the Fund may be appropriated for administrative expenses of the Department of Transportation or a component

of the Department only to the extent authorized by section 48104

of this title.

(c) LIMITATION ON OBLIGATING OR EXPENDING AMOUNTS.—In

a fiscal year beginning after September 30, 1995, the Secretary

of Transportation may obligate or expend an amount appropriated

out of the Fund under section 48104 of this title only if a law

expressly amends section 48104.

§ 48109. Submission of budget information and legislative

recommendations and comments

When the Administrator of the Federal Aviation Administration

submits to the Secretary of Transportation, the President, or the

Director of the Office of Management and Budget any budget

information, legislative recommendation, or comment on legislation

about amounts authorized in section 48101 or 48102 of this title,

the Administrator concurrently shall submit a copy of the information, recommendation, or comment to the Speaker of the House

of Representatives, the Committees on Public Works and Transportation and Appropriations of the House, the President of the Senate,

and the Committees on Commerce, Science, and Transportation

and Appropriations of the Senate.

§ 48110. Facilities for advanced training of maintenance

technicians for air carrier aircraft

For the fiscal years ending September 30, 1993–1995, amounts

necessary to carry out section 44515 of this title may be appropriated to the Secretary of Transportation out of the Airport and

Airway Trust Fund established under section 9502 of the Internal

Revenue Code of 1986 (26 U.S.C. 9502). The amounts remain available until expended.

PART D—MISCELLANEOUS

CHAPTER 491—BUY-AMERICAN PREFERENCES

Sec.

49101. Buying goods produced in the United States.
H. R. 1758—554

49102. Restricting contract awards because of discrimination against United States

goods or services.

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.

§ 49101. Buying goods produced in the United States

(a) PREFERENCE.—The Secretary of Transportation may obligate

an amount that may be appropriated to carry out section 106(k),

44502(a)(2), or 44509, subchapter I of chapter 471 (except sections

47106(d) and 47127), or chapter 481 (except sections 48102(e),

48106, 48107, and 48110) of this title for a project only if steel

and manufactured goods used in the project are produced in the

United States.

(b) WAIVER.—The Secretary may waive subsection (a) of this

section if the Secretary finds that— (1) applying subsection (a) would be inconsistent with the

public interest;

(2) the steel and goods produced in the United States

are not produced in a sufficient and reasonably available

amount or are not of a satisfactory quality; (3) when procuring a facility or equipment under section 44502(a)(2) or 44509, subchapter I of chapter 471 (except sections 47106(d) and 47127), or chapter 481 (except sections

48102(e), 48106, 48107, and 48110) of this title—

(A) the cost of components and subcomponents produced in the United States is more than 60 percent of

the cost of all components of the facility or equipment;

and

(B) final assembly of the facility or equipment has

occurred in the United States; or

(4) including domestic material will increase the cost of

the overall project by more than 25 percent.

(c) LABOR COSTS.—In this section, labor costs involved in final

assembly are not included in calculating the cost of components.

§ 49102. Restricting contract awards because of discrimination against United States goods or services

A person or enterprise domiciled or operating under the laws

of a foreign country may not make a contract or subcontract under

section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 471

(except sections 47106(d) and 47127), or chapter 481 (except sections

48102(e), 48106, 48107, and 48110) of this title or subtitle B of

title IX of the Omnibus Budget Reconciliation Act of 1990 (Public

Law 101–508, 104 Stat. 1388–353) if the government of that country

unfairly maintains, in government procurement, a significant and

persistent pattern of discrimination against United States goods

or services that results in identifiable harm to United States

businesses, that the President identifies under section 305(g)(1)(A)

of the Trade Agreements Act of 1979 (19 U.S.C. 2515(g)(1)(A)).

§ 49103. Contract preference for domestic firms

(a) DEFINITIONS.—In this section—

(1) ‘‘domestic firm’’ means a business entity incorporated,

and conducting business, in the United States.

(2) ‘‘foreign firm’’ means a business entity not described in clause (1) of this subsection.
H. R. 1758—555

(b) PREFERENCE.—Subject to subsections (c) and (d) of this

section, the Administrator of the Federal Aviation Administration

may make, with a domestic firm, a contract related to a grant

made under section 44511, 44512, or 44513 of this title that, under

competitive procedures, would be made with a foreign firm, if—

(1) the Administrator decides, and the Secretary of Commerce and the United States Trade Representative concur,

that the public interest requires making the contract with

the domestic firm, considering United States international

obligations and trade relations;

(2) the difference between the bids submitted by the foreign

firm and the domestic firm is not more than 6 percent;

(3) the final product of the domestic firm will be assembled

completely in the United States; and

(4) at least 51 percent of the final product of the domestic

firm will be produced in the United States.

(c) NONAPPLICATION.—Subsection (b) of this section does not

apply if—

(1) compelling national security considerations require that

subsection (b) of this section not apply; or

(2) the Trade Representative decides that making the contract would violate the General Agreement on Tariffs and Trade

or an international agreement to which the United States is

a party.

(d) APPLICATION TO CERTAIN GRANTS.—This section applies only

to a contract related to a grant made under section 44511, 44512,

or 44513 of this title for which—

(1) an amount is authorized by section 48102(a), (b), or

(d) of this title to be made available for the fiscal years ending

September 30, 1991, and September 30, 1992; and

(2) a solicitation for bid is issued after November 5, 1990.

(e) REPORT.—The Administrator shall submit a report to Congress on—

(1) contracts to which this section applies that are made

with foreign firms in the fiscal years ending September 30,

1991, and September 30, 1992;

(2) the number of contracts that meet the requirements

of subsection (b) of this section, but that the Trade Representative decides would violate the General Agreement on Tariffs

and Trade or an international agreement to which the United

States is a party; and

(3) the number of contracts made under this section.

§ 49104. Restriction on airport projects using products or

services of foreign countries denying fair market

opportunities

(a) DEFINITION AND RULES FOR CONSTRUING SECTION.—In this

section—

(1) ‘‘project’’ has the same meaning given that term in

section 47102 of this title.

(2) each foreign instrumentality and each territory and

possession of a foreign country administered separately for

customs purposes is a separate foreign country.

(3) an article substantially produced or manufactured in

a foreign country is a product of the country.
H. R. 1758—556

(4) a service provided by a person that is a national of

a foreign country or that is controlled by a national of a foreign

country is a service of the country.

(b) LIMITATION ON USE OF AVAILABLE AMOUNTS.—(1) An

amount made available under subchapter I of chapter 471 of this

title (except sections 47106(d) and 47127) may not be used for

a project that uses a product or service of a foreign country during

any period the country is on the list maintained by the United

States Trade Representative under subsection (d)(1) of this section.

(2) Paragraph (1) of this subsection does not apply when the

Secretary of Transportation decides that—

(A) applying paragraph (1) to the product, service, or project

is not in the public interest;

(B) a product or service of the same class or type and

of satisfactory quality is not produced or offered in the United

States, or in a foreign country not listed under subsection

(d)(1) of this section, in a sufficient and reasonably available

amount; and

(C) the project cost will increase by more than 20 percent

if the product or service is excluded.

(c) DECISIONS ON DENIAL OF FAIR MARKET OPPORTUNITIES.—

Not later than 30 days after a report is submitted to Congress

under section 181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)),

the Trade Representative, for a construction project of more than

$500,000 for which the government of a foreign country supplies

any part of the amount, shall decide whether the foreign country

denies fair market opportunities for products and suppliers of the

United States in procurement or for United States bidders. In

making the decision, the Trade Representative shall consider

information obtained in preparing the report and other information

the Trade Representative considers relevant.

(d) LIST OF COUNTRIES DENYING FAIR MARKET OPPORTUNITIES.—(1) The Trade Representative shall maintain a list of each

foreign country the Trade Representative finds under subsection

(c) of this section is denying fair market opportunities. The country

shall remain on the list until the Trade Representative decides

the country provides fair market opportunities.

(2) The Trade Representative shall publish in the Federal Register—

(A) annually the list required under paragraph (1) of this

subsection; and

(B) any modification of the list made before the next list

is published.

§ 49105. Fraudulent use of ‘‘Made in America’’ label

If the Secretary of Transportation decides that a person intentionally affixed a ‘‘Made in America’’ label to goods sold in or

shipped to the United States that are not made in the United

States, the Secretary shall declare the person ineligible, for not

less than 3 nor more than 5 years, to receive a contract or grant

from the United States Government related to a contract made

under section 106(k), 44502(a)(2), or 44509, subchapter I of chapter

471 (except sections 47106(d) and 47127), or chapter 481 (except

sections 48102(e), 48106, 48107, and 48110) of this title or subtitle

B of title IX of the Omnibus Budget Reconciliation Act of 1990

(Public Law 101–508, 104 Stat. 1388–353). The Secretary may
H. R. 1758—557

bring a civil action to enforce this section in any district court

of the United States.

SUBTITLE VIII—PIPELINES

CHAPTER Sec.

601. SAFETY ....................................................................................................... 60101

603. USER FEES ................................................................................................ 60301

605. INTERSTATE COMMERCE REGULATION ........................................... 60501

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.

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.

§ 60101. Definitions

(a) In this chapter—

(1) ‘‘existing liquefied natural gas facility’’—

(A) means a liquefied natural gas facility for which

an application to approve the site, construction, or operation of the facility was filed before March 1, 1978, with—

(i) the Federal Energy Regulatory Commission (or

any predecessor); or

(ii) the appropriate State or local authority, if the

facility is not subject to the jurisdiction of the Commission under the Natural Gas Act (15 U.S.C. 717 et

seq.); but

(B) does not include a facility on which construction

is begun after November 29, 1979, without the approval.

(2) ‘‘gas’’ means natural gas, flammable gas, or toxic or

corrosive gas.

(3) ‘‘gas pipeline facility’’ includes a pipeline, a right of

way, a facility, a building, or equipment used in transporting

gas or treating gas during its transportation.

(4) ‘‘hazardous liquid’’ means—

(A) petroleum or a petroleum product; and

(B) a substance the Secretary of Transportation decides

may pose an unreasonable risk to life or property when

transported by a hazardous liquid pipeline facility in a

liquid state (except for liquefied natural gas).
H. R. 1758—558

(5) ‘‘hazardous liquid pipeline facility’’ includes a pipeline,

a right of way, a facility, a building, or equipment used or

intended to be used in transporting hazardous liquid.

(6) ‘‘interstate gas pipeline facility’’—

(A) means a gas pipeline facility—

(i) used to transport gas; and

(ii) subject to the jurisdiction of the Commission

under the Natural Gas Act (15 U.S.C. 717 et seq.);

but

(B) does not include a gas pipeline facility transporting

gas from an interstate gas pipeline in a State to a direct

sales customer in that State buying gas for its own

consumption.

(7) ‘‘interstate hazardous liquid pipeline facility’’ means

a hazardous liquid pipeline facility used to transport hazardous

liquid in interstate or foreign commerce.

(8) ‘‘interstate or foreign commerce’’—

(A) related to gas, means commerce—

(i) between a place in a State and a place outside

that State; or

(ii) that affects any commerce described in

subclause (A)(i) of this clause; and

(B) related to hazardous liquid, means commerce

between—

(i) a place in a State and a place outside that

State; or

(ii) places in the same State through a place outside the State.

(9) ‘‘intrastate gas pipeline facility’’ means— (A) a gas pipeline facility and transportation of gas

within a State not subject to the jurisdiction of the Commission under the Natural Gas Act (15 U.S.C. 717 et seq.);

and

(B) a gas pipeline facility transporting gas from an

interstate gas pipeline in a State to a direct sales customer

in that State buying gas for its own consumption.

(10) ‘‘intrastate hazardous liquid pipeline facility’’ means

a hazardous liquid pipeline facility that is not an interstate

hazardous liquid pipeline facility. (11) ‘‘liquefied natural gas’’ means natural gas in a liquid

or semisolid state.

(12) ‘‘liquefied natural gas accident’’ means a release, burning, or explosion of liquefied natural gas from any cause, except

a release, burning, or explosion that, under regulations prescribed by the Secretary, does not pose a threat to public

health or safety, property, or the environment.

(13) ‘‘liquefied natural gas conversion’’ means conversion

of natural gas into liquefied natural gas or conversion of liquefied natural gas into natural gas.

(14) ‘‘liquefied natural gas pipeline facility’’—

(A) means a gas pipeline facility used for transporting

or storing liquefied natural gas, or for liquefied natural

gas conversion, in interstate or foreign commerce; but

(B) does not include any part of a structure or equipment located in navigable waters (as defined in section

3 of the Federal Power Act (16 U.S.C. 796)).

(15) ‘‘municipality’’ means a political subdivision of a State.
H. R. 1758—559

(16) ‘‘new liquefied natural gas pipeline facility’’ means

a liquefied natural gas pipeline facility except an existing liquefied natural gas pipeline facility.

(17) ‘‘person’’, in addition to its meaning under section

1 of title 1 (except as to societies), includes a State, a municipality, and a trustee, receiver, assignee, or personal representative

of a person.

(18) ‘‘pipeline facility’’ means a gas pipeline facility and

a hazardous liquid pipeline facility.

(19) ‘‘pipeline transportation’’ means transporting gas and

transporting hazardous liquid.

(20) ‘‘State’’ means a State of the United States, the District

of Columbia, and Puerto Rico.

(21) ‘‘transporting gas’’—

(A) means the gathering, transmission, or distribution

of gas by pipeline, or the storage of gas, in interstate

or foreign commerce; but

(B) does not include gathering gas in a rural area

outside a populated area designated by the Secretary as

a nonrural area.

(22) ‘‘transporting hazardous liquid’’—

(A) means the movement of hazardous liquid by pipeline, or the storage of hazardous liquid incidental to the

movement of hazardous liquid by pipeline, in or affecting

interstate or foreign commerce; but

(B) does not include moving hazardous liquid through—

(i) gathering lines in a rural area;

(ii) onshore production, refining, or manufacturing

facilities; or

(iii) storage or in-plant piping systems associated

with onshore production, refining, or manufacturing

facilities.

(b) GATHERING LINES.—(1)(A) Not later than October 24, 1994,

the Secretary shall define by regulation the term ‘‘gathering line’’.

(B) In defining ‘‘gathering line’’ for gas, the Secretary—

(i) shall consider functional and operational characteristics

of the lines to be included in the definition; and

(ii) is not bound by a classification the Commission establishes under the Natural Gas Act (15 U.S.C. 717 et seq.).

(2)(A) Not later than October 24, 1995, the Secretary shall

define by regulation the term ‘‘regulated gathering line’’. In defining

the term, the Secretary shall consider factors such as location,

length of line from the well site, operating pressure, throughput,

and the composition of the transported gas or hazardous liquid,

as appropriate, in deciding on the types of lines that functionally

are gathering but should be regulated under this chapter because

of specific physical characteristics.

(B)(i) The Secretary also shall consider diameter when defining

‘‘regulated gathering line’’ for hazardous liquid.

(ii) The definition of ‘‘regulated gathering line’’ for hazardous

liquid may not include a crude oil gathering line that has a nominal

diameter of not more than 6 inches, is operated at low pressure,

and is located in a rural area that is not unusually sensitive

to environmental damage.
H. R. 1758—560

§ 60102. General authority

(a)(1) MINIMUM SAFETY STANDARDS.—The Secretary of

Transportation shall prescribe minimum safety standards for pipeline transportation and for pipeline facilities. The standards—

(A) apply to transporters of gas and hazardous liquid and

to owners and operators of pipeline facilities;

(B) may apply to the design, installation, inspection, emergency plans and procedures, testing, construction, extension,

operation, replacement, and maintenance of pipeline facilities;

and

(C) shall include a requirement that all individuals responsible for the operation and maintenance of pipeline facilities

be tested for qualifications and certified to operate and maintain

those facilities.

(2) As the Secretary considers appropriate, the operator of

a pipeline facility may make the certification under paragraph

(1)(C) of this subsection. Testing and certification under paragraph

(1)(C) shall address the ability to recognize and react appropriately

to abnormal operating conditions that may indicate a dangerous

situation or a condition exceeding design limits.

(b) PRACTICABILITY AND SAFETY NEEDS STANDARDS.—A standard prescribed under subsection (a) of this section shall be practicable and designed to meet the need for gas pipeline safety,

for safely transporting hazardous liquid, and for protecting the

environment. Except as provided in section 60103 of this title,

when prescribing the standard the Secretary shall consider—

(1) relevant available—

(A) gas pipeline safety information; or

(B) hazardous liquid pipeline information;

(2) the appropriateness of the standard for the particular

type of pipeline transportation or facility;

(3) the reasonableness of the standard; and

(4) the extent to which the standard will contribute to

public safety and the protection of the environment.

(c) PUBLIC SAFETY PROGRAM REQUIREMENTS.—(1) The Secretary

shall include in the standards prescribed under subsection (a) of

this section a requirement that an operator of a gas pipeline facility

participate in a public safety program that—

(A) notifies an operator of proposed demolition, excavation,

tunneling, or construction near or affecting the facility;

(B) requires an operator to identify a pipeline facility that

may be affected by the proposed demolition, excavation, tunneling, or construction, to prevent damaging the facility; and

(C) the Secretary decides will protect a facility adequately

against a hazard caused by demolition, excavation, tunneling,

or construction.

(2) To the extent a public safety program referred to in paragraph (1) of this subsection is not available, the Secretary shall

prescribe standards requiring an operator to take action the Secretary prescribes to provide services comparable to services that

would be available under a public safety program.

(3) The Secretary may include in the standards prescribed

under subsection (a) of this section a requirement that an operator

of a hazardous liquid pipeline facility participate in a public safety

program meeting the requirements of paragraph (1) of this subsection or maintain and carry out a damage prevention program
H. R. 1758—561

that provides services comparable to services that would be available under a public safety program.

(d) FACILITY OPERATION INFORMATION STANDARDS.—The Secretary shall prescribe minimum standards requiring an operator

of a pipeline facility subject to this chapter to maintain, to the

extent practicable, information related to operating the facility and,

when requested, to provide the information to the Secretary and

an appropriate State official. The information shall include—

(1) the business name, address, and telephone number,

including an operations emergency telephone number, of the

operator;

(2) accurate maps and a supplementary geographic description, including an identification of areas described in regulations prescribed under section 60109 of this title, that show

the location in the State of—

(A) major gas pipeline facilities of the operator, including transmission lines and significant distribution lines;

and

(B) major hazardous liquid pipeline facilities of the

operator;

(3) a description of—

(A) the characteristics of the operator’s pipelines in

the State; and

(B) products transported through the operator’s pipelines in the State;

(4) the manual that governs operating and maintaining

pipeline facilities in the State;

(5) an emergency response plan describing the operator’s

procedures for responding to and containing releases, including— (A) identifying specific action the operator will take

on discovering a release; (B) liaison procedures with State and local authorities

for emergency response; and (C) communication and alert procedures for immediately notifying State and local officials at the time of

a release; and

(6) other information the Secretary considers useful to

inform a State of the presence of pipeline facilities and operations in the State.

(e) PIPE INVENTORY STANDARDS.—The Secretary shall prescribe

minimum standards requiring an operator of a pipeline facility

subject to this chapter and, to the extent the Secretary considers

necessary, an operator of a gathering line that is not a regulated

gathering line (as defined under section 60101(b)(2) of this title),

to maintain for the Secretary, to the extent practicable, an inventory

with appropriate information about the types of pipe used for the

transmission of gas or hazardous liquid, as appropriate, in the

operator’s system and additional information, including the material’s history and the leak history of the pipe. The inventory—

(1) for a gas pipeline facility, shall include an identification

of each facility passing through an area described in regulations

prescribed under section 60109 of this title but shall exclude

equipment used with the compression of gas; and

(2) for a hazardous liquid pipeline facility, shall include

an identification of each facility and gathering line passing

through an area described in regulations prescribed under sec-
H. R. 1758—562

tion 60109 of this title, whether the facility or gathering line

otherwise is subject to this chapter, but shall exclude equipment

associated only with the pipeline pumps or storage facilities.

(f) STANDARDS AS ACCOMMODATING ‘‘SMART PIGS’’.—(1) The Secretary shall prescribe minimum safety standards requiring that

the design and construction of a new gas pipeline transmission

facility or hazardous liquid pipeline facility, and the required

replacement of an existing gas pipeline transmission facility,

hazardous liquid pipeline facility, or equipment, be carried out,

to the extent practicable, in a way that accommodates the passage

through the facility of an instrumented internal inspection device

(commonly referred to as a ‘‘smart pig’’). The Secretary may apply

the standard to an existing gas or hazardous liquid transmission

facility and require the facility to be changed to allow the facility

to be inspected with an instrumented internal inspection device

if the basic construction of the facility will accommodate the device.

(2) Not later than October 24, 1995, the Secretary shall prescribe regulations requiring the periodic inspection of each pipeline

the operator of the pipeline identifies under section 60109 of this

title. The regulations shall include any circumstances under which

an inspection shall be conducted with an instrumented internal

inspection device and, if the device is not required, use of an

inspection method that is at least as effective as using the device

in providing for the safety of the pipeline.

(g) EFFECTIVE DATES.—A standard prescribed under this section

and section 60110 of this title is effective on the 30th day after

the Secretary prescribes the standard. However, the Secretary for

good cause may prescribe a different effective date when required

because of the time reasonably necessary to comply with the standard. The different date must be specified in the regulation prescribing the standard. (h) SAFETY CONDITION REPORTS.—(1) The Secretary shall prescribe regulations requiring each operator of a pipeline facility

(except a master meter) to submit to the Secretary a written report

on any—(A) condition that is a hazard to life, property, or the

environment; and

(B) safety-related condition that causes or has caused a

significant change or restriction in the operation of a pipeline

facility.

(2) The Secretary must receive the report not later than 5

working days after a representative of a person to which this

section applies first establishes that the condition exists. Notice

of the condition shall be given concurrently to appropriate State

authorities.

(i) CARBON DIOXIDE REGULATION.—The Secretary shall regulate

carbon dioxide transported by a hazardous liquid pipeline facility.

The Secretary shall prescribe regulations related to hazardous liquid to ensure the safe transportation of carbon dioxide by such

a facility.

(j) EMERGENCY FLOW RESTRICTING DEVICES.—(1) Not later than

October 24, 1994, the Secretary shall survey and assess the

effectiveness of emergency flow restricting devices (including

remotely controlled valves and check valves) and other procedures,

systems, and equipment used to detect and locate hazardous liquid

pipeline ruptures and minimize product releases from hazardous

liquid pipeline facilities.
H. R. 1758—563

(2) Not later than 2 years after the survey and assessment

are completed, the Secretary shall prescribe regulations on the

circumstances under which an operator of a hazardous liquid pipeline facility must use an emergency flow restricting device or other

procedure, system, or equipment described in paragraph (1) of this

subsection on the facility.

(k) PROHIBITION AGAINST LOW INTERNAL STRESS EXCEPTION.—

The Secretary may not provide an exception to this chapter for

a hazardous liquid pipeline facility only because the facility operates

at low internal stress.

§ 60103. Standards for liquefied natural gas pipeline facilities

(a) LOCATION STANDARDS.—The Secretary of Transportation

shall prescribe minimum safety standards for deciding on the location of a new liquefied natural gas pipeline facility. In prescribing

a standard, the Secretary shall consider the—

(1) kind and use of the facility;

(2) existing and projected population and demographic

characteristics of the location;

(3) existing and proposed land use near the location;

(4) natural physical aspects of the location;

(5) medical, law enforcement, and fire prevention capabilities near the location that can cope with a risk caused by

the facility; and

(6) need to encourage remote siting.

(b) DESIGN, INSTALLATION, CONSTRUCTION, INSPECTION, AND

TESTING STANDARDS.—The Secretary of Transportation shall prescribe minimum safety standards for designing, installing, constructing, initially inspecting, and initially testing a new liquefied

natural gas pipeline facility. When prescribing a standard, the

Secretary shall consider— (1) the characteristics of material to be used in constructing

the facility and of alternative material; (2) design factors;

(3) the characteristics of the liquefied natural gas to be

stored or converted at, or transported by, the facility; and (4) the public safety factors of the design and of alternative

designs, particularly the ability to prevent and contain a liquefied natural gas spill.

(c) NONAPPLICATION.—(1) Except as provided in paragraph (2)

of this subsection, a design, location, installation, construction, initial inspection, or initial testing standard prescribed under this

chapter after March 1, 1978, does not apply to an existing liquefied

natural gas pipeline facility if the standard is to be applied because

of authority given—

(A) under this chapter; or

(B) under another law, and the standard is not prescribed

at the time the authority is applied.

(2)(A) Any design, installation, construction, initial inspection,

or initial testing standard prescribed under this chapter after March

1, 1978, may provide that the standard applies to any part of

a replacement component of a liquefied natural gas pipeline facility

if the component or part is placed in service after the standard

is prescribed and application of the standard—

(i) does not make the component or part incompatible with

other components or parts; or
H. R. 1758—564

(ii) is not impracticable otherwise.

(B) Any location standard prescribed under this chapter after

March 1, 1978, does not apply to any part of a replacement component of an existing liquefied natural gas pipeline facility.

(3) A design, installation, construction, initial inspection, or

initial testing standard does not apply to a liquefied natural gas

pipeline facility existing when the standard is adopted.

(d) OPERATION AND MAINTENANCE STANDARDS.—The Secretary

of Transportation shall prescribe minimum operating and maintenance standards for a liquefied natural gas pipeline facility. In

prescribing a standard, the Secretary shall consider—

(1) the conditions, features, and type of equipment and

structures that make up or are used in connection with the

facility;

(2) the fire prevention and containment equipment at the

facility;

(3) security measures to prevent an intentional act that

could cause a liquefied natural gas accident;

(4) maintenance procedures and equipment;

(5) the training of personnel in matters specified by this

subsection; and

(6) other factors and conditions related to the safe handling

of liquefied natural gas.

(e) EFFECTIVE DATES.—A standard prescribed under this section

is effective on the 30th day after the Secretary of Transportation

prescribes the standard. However, the Secretary for good cause

may prescribe a different effective date when required because

of the time reasonably necessary to comply with the standard.

The different date must be specified in the regulation prescribing

the standard.

(f) CONTINGENCY PLANS.—A new liquefied natural gas pipeline

facility may be operated only after the operator submits an adequate

contingency plan that states the action to be taken if a liquefied

natural gas accident occurs. The Secretary of Energy or appropriate

State or local authority shall decide if the plan is adequate.

(g) EFFECT ON OTHER STANDARDS.—This section does not preclude applying a standard prescribed under section 60102 of this

title to a gas pipeline facility (except a liquefied natural gas pipeline

facility) associated with a liquefied natural gas pipeline facility.

§ 60104. Requirements and limitations

(a) OPPORTUNITY TO PRESENT VIEWS.—The Secretary of

Transportation shall give an interested person an opportunity to

make oral and written presentations of information, views, and

arguments when prescribing a standard under this chapter.

(b) NONAPPLICATION.—A design, installation, construction, initial inspection, or initial testing standard does not apply to a

pipeline facility existing when the standard is adopted.

(c) PREEMPTION.—A State authority that has submitted a current certification under section 60105(a) of this title may adopt

additional or more stringent safety standards for intrastate pipeline

facilities and intrastate pipeline transportation only if those standards are compatible with the minimum standards prescribed under

this chapter. A State authority may not adopt or continue in force

safety standards for interstate pipeline facilities or interstate pipeline transportation.
H. R. 1758—565

(d) CONSULTATION.—(1) When continuity of gas service is

affected by prescribing a standard or waiving compliance with

standards under this chapter, the Secretary of Transportation shall

consult with and advise the Federal Energy Regulatory Commission

or a State authority having jurisdiction over the affected gas pipeline facility before prescribing the standard or waiving compliance.

The Secretary shall delay the effective date of the standard or

waiver until the Commission or State authority has a reasonable

opportunity to grant an authorization it considers necessary.

(2) In a proceeding under section 3 or 7 of the Natural Gas

Act (15 U.S.C. 717b or 717f), each applicant for authority to import

natural gas or to establish, construct, operate, or extend a gas

pipeline facility subject to an applicable safety standard shall certify

that it will design, install, inspect, test, construct, operate, replace,

and maintain a gas pipeline facility under those standards and

plans for inspection and maintenance under section 60108 of this

title. The certification is binding on the Secretary of Energy and

the Commission except when an appropriate enforcement agency

has given timely written notice to the Commission that the

applicant has violated a standard prescribed under this chapter.

(e) LOCATION AND ROUTING OF FACILITIES.—This chapter does

not authorize the Secretary of Transportation to prescribe the location or routing of a pipeline facility.

§ 60105. State certifications

(a) GENERAL REQUIREMENTS AND SUBMISSION.—Except as provided in this section and sections 60114 and 60121 of this title,

the Secretary of Transportation may not prescribe or enforce safety

standards and practices for an intrastate pipeline facility or intrastate pipeline transportation to the extent that the safety standards

and practices are regulated by a State authority (including a municipality if the standards and practices apply to intrastate gas pipeline

transportation) that submits to the Secretary annually a certification for the facilities and transportation that complies with subsections (b) and (c) of this section.

(b) CONTENTS.—Each certification submitted under subsection

(a) of this section shall state that the State authority— (1) has regulatory jurisdiction over the standards and practices to which the certification applies;

(2) has adopted, by the date of certification, each applicable

standard prescribed under this chapter or, if a standard under

this chapter was prescribed not later than 120 days before

certification, is taking steps to adopt that standard; (3) is enforcing each adopted standard through ways that

include inspections conducted by State employees meeting the

qualifications the Secretary prescribes under section

60107(d)(1)(C) of this title;

(4) is encouraging and promoting programs designed to

prevent damage by demolition, excavation, tunneling, or

construction activity to the pipeline facilities to which the certification applies;

(5) may require record maintenance, reporting, and inspection substantially the same as provided under section 60117

of this title;

(6) may require that plans for inspection and maintenance

under section 60108 (a) and (b) of this title be filed for approval;

and
H. R. 1758—566

(7) may enforce safety standards of the authority under

a law of the State by injunctive relief and civil penalties

substantially the same as provided under sections 60120 and

60122(a)(1) and (b)–(f) of this title.

(c) REPORTS.—(1) Each certification submitted under subsection

(a) of this section shall include a report that contains—

(A) the name and address of each person to whom the

certification applies that is subject to the safety jurisdiction

of the State authority;

(B) each accident or incident reported during the prior

12 months by that person involving a fatality, personal injury

requiring hospitalization, or property damage or loss of more

than an amount the Secretary establishes (even if the person

sustaining the fatality, personal injury, or property damage

or loss is not subject to the safety jurisdiction of the authority),

any other accident the authority considers significant, and a

summary of the investigation by the authority of the cause

and circumstances surrounding the accident or incident;

(C) the record maintenance, reporting, and inspection practices conducted by the authority to enforce compliance with

safety standards prescribed under this chapter to which the

certification applies, including the number of inspections of

pipeline facilities the authority made during the prior 12

months; and

(D) any other information the Secretary requires.

(2) The report included in the first certification submitted under

subsection (a) of this section is only required to state information

available at the time of certification.

(d) APPLICATION.—A certification in effect under this section

does not apply to safety standards prescribed under this chapter

after the date of certification. This chapter applies to each applicable

safety standard prescribed after the date of certification until the

State authority adopts the standard and submits the appropriate

certification to the Secretary under subsection (a) of this section. (e) MONITORING.—The Secretary may monitor a safety program

established under this section to ensure that the program complies

with the certification. A State authority shall cooperate with the

Secretary under this subsection. (f) REJECTIONS OF CERTIFICATION.—If after receiving a certification the Secretary decides the State authority is not enforcing

satisfactorily compliance with applicable safety standards prescribed under this chapter, the Secretary may reject the certification, assert United States Government jurisdiction, or take other

appropriate action to achieve adequate enforcement. The Secretary

shall give the authority notice and an opportunity for a hearing

before taking final action under this subsection. When notice is

given, the burden of proof is on the authority to demonstrate that

it is enforcing satisfactorily compliance with the prescribed standards.

§ 60106. State agreements

(a) GENERAL AUTHORITY.—If the Secretary of Transportation

does not receive a certification under section 60105 of this title,

the Secretary may make an agreement with a State authority

(including a municipality if the agreement applies to intrastate

gas pipeline transportation) authorizing it to take necessary action.

Each agreement shall—
H. R. 1758—567

(1) establish an adequate program for record maintenance,

reporting, and inspection designed to assist compliance with

applicable safety standards prescribed under this chapter; and

(2) prescribe procedures for approval of plans of inspection

and maintenance substantially the same as required under

section 60108 (a) and (b) of this title.

(b) NOTIFICATION.—Each agreement shall require the State

authority to notify the Secretary promptly of a violation or probable

violation of an applicable safety standard discovered as a result

of action taken in carrying out an agreement under this section.

(c) MONITORING.—The Secretary may monitor a safety program

established under this section to ensure that the program complies

with the agreement. A State authority shall cooperate with the

Secretary under this subsection.

(d) ENDING AGREEMENTS.—The Secretary may end an agreement made under this section when the Secretary finds that the

State authority has not complied with any provision of the agreement. The Secretary shall give the authority notice and an opportunity for a hearing before ending an agreement. The finding and

decision to end the agreement shall be published in the Federal

Register and may not become effective for at least 15 days after

the date of publication.

§ 60107. State grants

(a) GENERAL AUTHORITY.—If a State authority files an application not later than September 30 of a calendar year, the Secretary

of Transportation shall pay not more than 50 percent of the cost

of the personnel, equipment, and activities the authority reasonably

requires during the next calendar year—

(1) to carry out a safety program under a certification

under section 60105 of this title or an agreement under section

60106 of this title; or

(2) to act as an agent of the Secretary on interstate gas

pipeline facilities or interstate hazardous liquid pipeline facilities.

(b) PAYMENTS.—After notifying and consulting with a State

authority, the Secretary may withhold any part of a payment when

the Secretary decides that the authority is not carrying out satisfactorily a safety program or not acting satisfactorily as an agent.

The Secretary may pay an authority under this section only when

the authority ensures the Secretary that it will provide the remaining costs of a safety program and that the total State amount

spent for a safety program (excluding grants of the United States

Government) will at least equal the average amount spent—

(1) for a gas safety program, for the fiscal years that

ended June 30, 1967, and June 30, 1968; and

(2) for a hazardous liquid safety program, for the fiscal

years that ended September 30, 1978, and September 30, 1979.

(c) APPORTIONMENT AND METHOD OF PAYMENT.—The Secretary

shall apportion the amount appropriated to carry out this section

among the States. A payment may be made under this section

in installments, in advance, or on a reimbursable basis.

(d) ADDITIONAL AUTHORITY AND CONSIDERATIONS.—(1) The Secretary may prescribe—

(A) the form of, and way of filing, an application under

this section;
H. R. 1758—568

(B) reporting and fiscal procedures the Secretary considers

necessary to ensure the proper accounting of money of the

Government; and

(C) qualifications for a State to meet to receive a payment

under this section, including qualifications for State employees

who perform inspection activities under section 60105 or 60106

of this title.

(2) The qualifications prescribed under paragraph (1)(C) of this

subsection may—

(A) consider the experience and training of the employee;

(B) order training or other requirements; and

(C) provide for approval of qualifications on a conditional

basis until specified requirements are met.

§ 60108. Inspection and maintenance

(a) PLANS.—(1) Each person transporting gas or hazardous

liquid or owning or operating an intrastate gas pipeline facility

or hazardous liquid pipeline facility shall carry out a current written

plan (including any changes) for inspection and maintenance of

each facility used in the transportation and owned or operated

by the person. A copy of the plan shall be kept at any office

of the person the Secretary of Transportation considers appropriate.

The Secretary also may require a person transporting gas or hazardous liquid or owning or operating a pipeline facility subject to

this chapter to file a plan for inspection and maintenance for

approval.

(2) If the Secretary or a State authority responsible for enforcing

standards prescribed under this chapter decides that a plan

required under paragraph (1) of this subsection is inadequate for

safe operation, the Secretary or authority shall require the person

to revise the plan. Revision may be required only after giving

notice and an opportunity for a hearing. A plan required under

paragraph (1) must be practicable and designed to meet the need

for pipeline safety and must include terms designed to enhance

the ability to discover safety-related conditions described in section

60102(h)(1) of this title. In deciding on the adequacy of a plan,

the Secretary or authority shall consider—

(A) relevant available pipeline safety information;

(B) the appropriateness of the plan for the particular kind

of pipeline transportation or facility;

(C) the reasonableness of the plan; and

(D) the extent to which the plan will contribute to public

safety and the protection of the environment.

(3) A plan required under this subsection shall be made available to the Secretary or State authority on request under section

60117 of this title.

(b) INSPECTION AND TESTING.—(1) The Secretary shall inspect

and require appropriate testing of a pipeline facility subject to

this chapter that is not covered by a certification under section

60105 of this title or an agreement under section 60106 of this

title. The Secretary shall decide on the frequency and type of

inspection and testing under this subsection on a case-by-case basis

after considering the following:

(A) the location of the pipeline facility.

(B) the type, size, age, manufacturer, method of construction, and condition of the pipeline facility.
H. R. 1758—569

(C) the nature and volume of material transported through

the pipeline facility.

(D) the pressure at which that material is transported.

(E) climatic, geologic, and seismic characteristics (including

soil characteristics) and conditions of the area in which the

pipeline facility is located.

(F) existing and projected population and demographic

characteristics of the area in which the pipeline facility is

located.

(G) for a hazardous liquid pipeline facility, the proximity

of the area in which the facility is located to an area that

is unusually sensitive to environmental damage.

(H) the frequency of leaks.

(I) other factors the Secretary decides are relevant to the

safety of pipeline facilities.

(2) To the extent and in amounts provided in advance in an

appropriation law, the Secretary shall decide on the frequency

of inspection under paragraph (1) of this subsection. However, an

inspection must occur at least once every 2 years. The Secretary

may reduce the frequency of an inspection of a master meter system.

(3) Testing under this subsection shall use the most appropriate

technology practicable.

(c) PIPELINE FACILITIES OFFSHORE AND IN NAVIGABLE

WATERS.—(1) In this subsection—

(A) ‘‘abandoned’’ means permanently removed from service.

(B) ‘‘pipeline facility’’ includes an underwater abandoned

pipeline facility.

(C) if a pipeline facility has no operator, the most recent

operator of the facility is deemed to be the operator of the

facility.

(2)(A) Not later than May 16, 1993, on the basis of experience

with the inspections under section 3(h)(1)(A) of the Natural Gas

Pipeline Safety Act of 1968 or section 203(l )(1)(A) of the Hazardous

Liquid Pipeline Safety Act of 1979, as appropriate, and any other

information available to the Secretary, the Secretary shall establish

a mandatory, systematic, and, where appropriate, periodic inspection program of—

(i) all offshore pipeline facilities; and

(ii) any other pipeline facility crossing under, over, or

through navigable waters (as defined by the Secretary) if the

Secretary decides that the location of the facility in those navigable waters could pose a hazard to navigation or public safety.

(B) In prescribing regulations to carry out subparagraph (A)

of this paragraph—

(i) the Secretary shall identify what is a hazard to navigation with respect to an underwater abandoned pipeline facility;

and

(ii) for an underwater pipeline facility abandoned after

October 24, 1992, the Secretary shall include requirements

that will lessen the potential that the facility will pose a hazard

to navigation and shall consider the relationship between water

depth and navigational safety and factors relevant to the local

marine environment.

(3)(A) The Secretary shall establish by regulation a program

requiring an operator of a pipeline facility described in paragraph

(2) of this subsection to report a potential or existing navigational
H. R. 1758—570

hazard involving that pipeline facility to the Secretary through

the appropriate Coast Guard office.

(B) The operator of a pipeline facility described in paragraph

(2) of this subsection that discovers any part of the pipeline facility

that is a hazard to navigation shall mark the location of the hazardous part with a Coast-Guard-approved marine buoy or marker

and immediately shall notify the Secretary as provided by the

Secretary under subparagraph (A) of this paragraph. A marine

buoy or marker used under this subparagraph is deemed a pipeline

sign or right-of-way marker under section 60123(c) of this title.

(4)(A) The Secretary shall require by regulation that each pipeline facility described in paragraph (2) of this subsection that is

a hazard to navigation is buried not later than 6 months after

the date the condition of the facility is reported to the Secretary.

The Secretary may extend that 6-month period for a reasonable

period to ensure compliance with this paragraph.

(B) In prescribing regulations for subparagraph (A) of this

paragraph for an underwater pipeline facility abandoned after October 24, 1992, the Secretary shall include requirements that will

lessen the potential that the facility will pose a hazard to navigation

and shall consider the relationship between water depth and navigational safety and factors relevant to the local marine environment.

(5)(A) Not later than October 24, 1994, the Secretary shall

establish standards on what is an exposed offshore pipeline facility

and what is a hazard to navigation under this subsection.

(B) Not later than 6 months after the Secretary establishes

standards under subparagraph (A) of this paragraph, or October

24, 1995, whichever occurs first, the operator of each offshore pipeline facility not described in section 3(h)(1)(A) of the Natural Gas

Pipeline Safety Act of 1968 or section 203(l )(1)(A) of the Hazardous

Liquid Pipeline Safety Act of 1979, as appropriate, shall inspect

the facility and report to the Secretary on any part of the facility

that is exposed or is a hazard to navigation. This subparagraph

applies only to a facility that is between the high water mark

and the point at which the subsurface is under 15 feet of water,

as measured from mean low water. An inspection that occurred

after October 3, 1989, may be used for compliance with this subparagraph if the inspection conforms to the requirements of this

subparagraph. (C) The Secretary may extend the time period specified in subparagraph (B) of this paragraph for not more than 6 months

if the operator of a facility satisfies the Secretary that the operator

has made a good faith effort, with reasonable diligence, but has

been unable to comply by the end of that period. (6)(A) The operator of a pipeline facility abandoned after October 24, 1992, shall report the abandonment to the Secretary in

a way that specifies whether the facility has been abandoned properly according to applicable United States Government and State

requirements.

(B) Not later than October 24, 1995, the operator of a pipeline

facility abandoned before October 24, 1992, shall report to the

Secretary reasonably available information related to the facility,

including information that a third party possesses. The information

shall include the location, size, date, and method of abandonment,

whether the facility has been abandoned properly under applicable

law, and other relevant information the Secretary may require.

Not later than April 24, 1994, the Secretary shall specify how
H. R. 1758—571

the information shall be reported. The Secretary shall ensure that

the Government maintains the information in a way accessible

to appropriate Government agencies and State authorities.

(C) The Secretary shall request that a State authority having

information on a collision between a vessel and an underwater

pipeline facility report the information to the Secretary in a timely

way and make a reasonable effort to specify the location, date,

and severity of the collision. Chapter 35 of title 44 does not apply

to this subparagraph.

(7) The Secretary may not exempt from this chapter an offshore

hazardous liquid pipeline facility only because the pipeline facility

transfers hazardous liquid in an underwater pipeline between a

vessel and an onshore facility.

(d) REPLACING CAST IRON GAS PIPELINES.—(1) The Secretary

shall publish a notice on the availability of industry guidelines,

developed by the Gas Piping Technology Committee, for replacing

cast iron pipelines. Not later than 2 years after the guidelines

become available, the Secretary shall conduct a survey of gas pipeline operators with cast iron pipe in their systems to establish—

(A) the extent to which each operator has adopted a plan

for the safe management and replacement of cast iron;

(B) the elements of the plan, including the anticipated

rate of replacement; and

(C) the progress that has been made.

(2) Chapter 35 of title 44 does not apply to the conduct of

the survey.

(3) This subsection does not prevent the Secretary from developing Government guidelines or regulations for cast iron gas pipelines

as the Secretary considers appropriate.

§ 60109. High-density population areas and environmentally

sensitive areas

(a) IDENTIFICATION REQUIREMENTS.—Not later than October

24, 1994, the Secretary of Transportation shall prescribe regulations

that—

(1) establish criteria for identifying— (A) by operators of gas pipeline facilities, each gas pipeline facility (except a natural gas distribution line)

located in a high-density population area; and (B) by operators of hazardous liquid pipeline facilities

and gathering lines— (i) each hazardous liquid pipeline facility, whether

otherwise subject to this chapter, that crosses a navigable waterway (as the Secretary defines by regulation)

or that is located in an area described in the criteria

as a high-density population area; and

(ii) each hazardous liquid pipeline facility and

gathering line, whether otherwise subject to this chapter, located in an area that the Secretary, in consultation with the Administrator of the Environmental

Protection Agency, describes as unusually sensitive to

environmental damage if there is a hazardous liquid

pipeline accident; and

(2) provide that the identification be carried out through

the inventory required under section 60102(c) of this title.

(b) AREAS TO BE INCLUDED AS UNUSUALLY SENSITIVE.—When

describing an area that is unusually sensitive to environmental
H. R. 1758—572

damage if there is a hazardous liquid pipeline accident, the Secretary shall consider including—

(1) earthquake zones and areas subject to landslides and

other substantial ground movements;

(2) areas of likely ground water contamination if a hazardous liquid pipeline facility ruptures;

(3) freshwater lakes, rivers, and waterways; and

(4) river deltas and other areas subject to soil erosion

or subsidence from flooding or other water action where a

hazardous liquid pipeline facility is likely to become exposed

or undermined.

§ 60110. Excess flow valves

(a) APPLICATION.—This section applies only to—

(1) a natural gas distribution system installed after the

effective date of regulations prescribed under this section; and

(2) any other natural gas distribution system when repair

to the system requires replacing a part to accommodate installing excess flow valves.

(b) INSTALLATION REQUIREMENTS AND CONSIDERATIONS.—Not

later than April 24, 1994, the Secretary of Transportation shall

prescribe regulations on the circumstances under which an operator

of a natural gas distribution system must install excess flow valves

in the system. The Secretary shall consider—

(1) the system design pressure;

(2) the system operating pressure;

(3) the types of customers to which the distribution system

supplies gas, including hospitals, schools, and commercial enterprises;

(4) the technical feasibility and cost of installing the valve;

(5) the public safety benefits of installing the valve;

(6) the location of customer meters; and

(7) other factors the Secretary considers relevant.

(c) NOTIFICATION OF AVAILABILITY.—(1) Not later than October

24, 1994, the Secretary shall prescribe regulations requiring an

operator of a natural gas distribution system to notify in writing

its customers having lines in which excess flow valves are not

required by law but can be installed according to the standards

prescribed under subsection (e) of this section, of—

(A) the availability of excess flow valves for installation

in the system;

(B) safety benefits to be derived from installation; and

(C) costs associated with installation.

(2) The regulations shall provide that, except when installation

is required under subsection (b) of this section, excess flow valves

shall be installed at the request of the customer if the customer

will pay all costs associated with installation.

(d) REPORT.—If the Secretary decides under subsection (b) of

this section that there are no circumstances under which an operator must install excess flow valves, the Secretary shall submit

to Congress a report on the reasons for the decision not later

than 30 days after the decision is made.

(e) PERFORMANCE STANDARDS.—Not later than April 24, 1994,

the Secretary shall develop standards for the performance of excess

flow valves used to protect lines in a natural gas distribution

system. The standards shall be incorporated into regulations the
H. R. 1758—573

Secretary prescribes under this section. All excess flow valves shall

be installed according to the standards.

§ 60111. Financial responsibility for liquefied natural gas

facilities

(a) NOTICE.—When the Secretary of Transportation believes

that an operator of a liquefied natural gas facility does not have

adequate financial responsibility for the facility, the Secretary may

issue a notice to the operator about the inadequacy and the amount

of financial responsibility the Secretary considers adequate.

(b) HEARINGS.—An operator receiving a notice under subsection

(a) of this section may have a hearing on the record not later

than 30 days after receiving the notice. The operator may show

why the Secretary should not issue an order requiring the operator

to demonstrate and maintain financial responsibility in at least

the amount the Secretary considers adequate.

(c) ORDERS.—After an opportunity for a hearing on the record,

the Secretary may issue the order if the Secretary decides it is

justified in the public interest.

§ 60112. Pipeline facilities hazardous to life and property

(a) GENERAL AUTHORITY.—After notice and an opportunity for

a hearing, the Secretary of Transportation may decide a pipeline

facility is hazardous if the Secretary decides the facility is—

(1) hazardous to life, property, or the environment; or

(2) constructed or operated, or a component of the facility

is constructed or operated, with equipment, material, or a technique the Secretary decides is hazardous to life, property, or

the environment.

(b) CONSIDERATIONS.—In making a decision under subsection (a) of this section, the Secretary shall consider, if relevant— (1) the characteristics of the pipe and other equipment

used in the pipeline facility, including the age, manufacture,

physical properties, and method of manufacturing, constructing,

or assembling the equipment; (2) the nature of the material the pipeline facility transports, the corrosive and deteriorative qualities of the material,

the sequence in which the material are transported, and the

pressure required for transporting the material; (3) the aspects of the area in which the pipeline facility

is located, including climatic and geologic conditions and soil

characteristics;

(4) the proximity of the area in which the hazardous liquid

pipeline facility is located to environmentally sensitive areas; (5) the population density and population and growth patterns of the area in which the pipeline facility is located;

(6) any recommendation of the National Transportation

Safety Board made under another law; and

(7) other factors the Secretary considers appropriate.

(c) OPPORTUNITY FOR STATE COMMENT.—The Secretary shall

provide, to any appropriate official of a State in which a pipeline

facility is located and about which a proceeding has begun under

this section, notice and an opportunity to comment on an agreement

the Secretary proposes to make to resolve the proceeding. State

comment shall incorporate comments of affected local officials.

(d) CORRECTIVE ACTION ORDERS.—If the Secretary decides

under subsection (a) of this section that a pipeline facility is hazard-
H. R. 1758—574

ous, the Secretary shall order the operator of the facility to take

necessary corrective action.

(e) WAIVER OF NOTICE AND HEARING IN EMERGENCY.—The Secretary may waive the requirements for notice and an opportunity

for a hearing under this section and issue expeditiously an order

under this section if the Secretary decides failure to issue the

order expeditiously will result in likely serious harm to life, property, or the environment. An order under this subsection shall

provide an opportunity for a hearing as soon as practicable after

the order is issued.

§ 60113. Customer-owned natural gas service lines

(a) MAINTENANCE INFORMATION.—Not later than October 24,

1993, the Secretary of Transportation shall prescribe regulations

requiring an operator of a natural gas distribution pipeline that

does not maintain customer-owned natural gas service lines up

to building walls to advise its customers of—

(1) the requirements for maintaining those lines;

(2) any resources known to the operator that could assist

customers in carrying out the maintenance;

(3) information the operator has on operating and maintaining its lines that could assist customers; and

(4) the potential hazards of not maintaining the lines.

(b) ACTIONS TO PROMOTE SAFETY.—Not later than one year

after submitting the report required under section 115(b) of the

Pipeline Safety Act of 1992 (Public Law 102–508, 106 Stat. 3296),

the Secretary, considering the report and in cooperation and

coordination with appropriate State and local authorities, shall

take appropriate action to promote the adoption of measures to

improve the safety of customer-owned natural gas service lines.

§ 60114. One-call notification systems

(a) MINIMUM REQUIREMENTS.—The Secretary of Transportation

shall prescribe regulations providing minimum requirements for

establishing and operating a one-call notification system for a State

to adopt that will notify an operator of a pipeline facility of activity

in the vicinity of the facility that could threaten the safety of

the facility. The regulations shall include the following:

(1) a requirement that the system apply to all areas of

the State containing underground pipeline facilities.

(2) a requirement that a person intending to engage in

an activity the Secretary decides could cause physical damage

to an underground facility must contact the appropriate system

to establish if there are underground facilities present in the

area of the intended activity.

(3) a requirement that all operators of underground pipeline

facilities participate in an appropriate one-call notification system.

(4) qualifications for an operator of a facility, a private

contractor, or a State or local authority to operate a system.

(5) procedures for advertisement and notice of the availability of a system.

(6) a requirement about the information to be provided

by a person contacting the system under clause (2) of this

subsection.
H. R. 1758—575

(7) a requirement for the response of the operator of the

system and of the facility after they are contacted by an individual under this subsection.

(8) a requirement that each State decide whether the system will be toll free.

(9) a requirement for sanctions substantially the same as

provided under sections 60120, 60122, and 60123 of this title.

(b) GRANTS.—The Secretary may make a grant to a State

under this section to develop and establish a one-call notification

system consistent with subsection (a) of this section.

(c) MARKING FACILITIES.—On notification by an operator of

a damage prevention program or by a person planning to carry

out demolition, excavation, tunneling, or construction in the vicinity

of a pipeline facility, the operator of the facility shall mark

accurately, in a reasonable and timely way, the location of the

pipeline facilities in the vicinity of the demolition, excavation,

tunneling, or construction.

(d) APPORTIONMENT.—When apportioning the amount appropriated to carry out section 60107 of this title among the States,

the Secretary—

(1) shall consider whether a State has adopted or is seeking

adoption of a one-call notification system under this section;

and

(2) shall withhold part of a payment under section 60107

of this title when the Secretary decides a State has not adopted,

or is not seeking adoption of, a one-call notification system.

(e) RELATIONSHIP TO OTHER LAWS.—This section and regulations prescribed under this section do not affect the liability established under a law of the United States or a State for damage

caused by an activity described in subsection (a)(2) of this section.

§ 60115. Technical safety standards committees

(a) ORGANIZATION.—The Technical Pipeline Safety Standards

Committee and the Technical Hazardous Liquid Pipeline Safety

Standards Committee are committees in the Department of

Transportation.

(b) COMPOSITION AND APPOINTMENT.—(1) The Technical Pipeline Safety Standards Committee is composed of 15 members

appointed by the Secretary of Transportation after consulting with

public and private agencies concerned with the technical aspect

of transporting gas or operating a gas pipeline facility. Each member

must be experienced in the safety regulation of transporting gas

and of gas pipeline facilities or technically qualified, by training,

experience, or knowledge in at least one field of engineering

applicable to transporting gas or operating a gas pipeline facility,

to evaluate gas pipeline safety standards.

(2) The Technical Hazardous Liquid Pipeline Safety Standards

Committee is composed of 15 members appointed by the Secretary

after consulting with public and private agencies concerned with

the technical aspect of transporting hazardous liquid or operating

a hazardous liquid pipeline facility. Each member must be experienced in the safety regulation of transporting hazardous liquid

and of hazardous liquid pipeline facilities or technically qualified,

by training, experience, or knowledge in at least one field of

engineering applicable to transporting hazardous liquid or operating

a hazardous liquid pipeline facility, to evaluate hazardous liquid

pipeline safety standards.
H. R. 1758—576

(3) The members of each committee are appointed as follows:

(A) 5 individuals selected from departments, agencies, and

instrumentalities of the United States Government and of the

States.

(B) 4 individuals selected from the natural gas or hazardous

liquid industry, as appropriate, after consulting with industry

representatives.

(C) 6 individuals selected from the general public.

(4)(A) Two of the individuals selected for each committee under

paragraph (3)(A) of this subsection must be State commissioners.

The Secretary shall consult with the national organization of State

commissions (referred to in section 10344(f) of this title) before

selecting those 2 individuals.

(B) At least 3 of the individuals selected for each committee

under paragraph (3)(B) of this subsection must be currently in

the active operation of natural gas pipelines or hazardous liquid

pipeline facilities, as appropriate.

(C) Two of the individuals selected for each committee under

paragraph (3)(C) of this subsection must have education, background, or experience in environmental protection or public safety.

At least one individual selected for each committee under paragraph

(3)(C) may not have a financial interest in the pipeline, petroleum,

or natural gas industries.

(c) COMMITTEE REPORTS ON PROPOSED STANDARDS.—(1) The

Secretary shall give to—

(A) the Technical Pipeline Safety Standards Committee

each standard proposed under this chapter for transporting

gas and for gas pipeline facilities; and (B) the Technical Hazardous Liquid Pipeline Safety Standards Committee each standard proposed under this chapter

for transporting hazardous liquid and for hazardous liquid pipeline facilities.

(2) Not later than 90 days after receiving the proposed standard,

the appropriate committee shall prepare a report on the technical

feasibility, reasonableness, and practicability of the proposed standard. The Secretary shall publish each report, including minority

views. The report if timely made is part of the proceeding for

prescribing the standard. The Secretary is not bound by the conclusions of the committee. However, if the Secretary rejects the conclusions of the committee, the Secretary shall publish the reasons. (3) The Secretary may prescribe a standard after the end of

the 90-day period. (d) PROPOSED COMMITTEE STANDARDS AND POLICY DEVELOP- MENT RECOMMENDATIONS.—(1) The Technical Pipeline Safety

Standards Committee may propose to the Secretary a safety standard for transporting gas and for gas pipeline facilities. The Technical

Hazardous Liquid Pipeline Safety Standards Committee may propose to the Secretary a safety standard for transporting hazardous

liquid and for hazardous liquid pipeline facilities.

(2) If requested by the Secretary, a committee shall make

policy development recommendations to the Secretary.

(e) MEETINGS.—Each committee shall meet with the Secretary

at least twice annually. Each committee proceeding shall be

recorded. The record of the proceeding shall be available to the

public.

(f) PAY AND EXPENSES.—The Secretary may establish the pay

for each member of a committee for each day (including travel
H. R. 1758—577

time) when performing duties of the committee. However, a member

may not be paid more than the daily equivalent of the maximum

annual rate of basic pay payable under section 5376 of title 5.

A member is entitled to expenses under section 5703 of title 5.

A payment under this subsection does not make a member an

officer or employee of the Government. This subsection does not

apply to members regularly employed by the Government.

§ 60116. Public education programs

Under regulations the Secretary of Transportation prescribes,

each person transporting gas shall carry out a program to educate

the public on the possible hazards associated with gas leaks and

the importance of reporting gas odors and leaks to the appropriate

authority. The Secretary may develop material suitable for use

in the program.

§ 60117. Administrative

(a) GENERAL AUTHORITY.—To carry out this chapter, the Secretary of Transportation may conduct investigations, make reports,

issue subpenas, conduct hearings, require the production of records,

take depositions, and conduct research, testing, development, demonstration, and training activities. The Secretary may not charge

a tuition-type fee for training State or local government personnel

in the enforcement of regulations prescribed under this chapter.

(b) RECORDS, REPORTS, AND INFORMATION.—To enable the Secretary to decide whether a person transporting gas or hazardous

liquid or operating a pipeline facility is complying with this chapter

and standards prescribed or orders issued under this chapter, the

person shall—

(1) maintain records, make reports, and provide information the Secretary requires; and (2) make the records, reports, and information available

when the Secretary requests.

(c) ENTRY AND INSPECTION.—An officer, employee, or agent

of the Department of Transportation designated by the Secretary,

on display of proper credentials to the individual in charge, may

enter premises to inspect the records and property of a person

at a reasonable time and in a reasonable way to decide whether

a person is complying with this chapter and standards prescribed

or orders issued under this chapter.

(d) CONFIDENTIALITY OF INFORMATION.—Information related to

a confidential matter referred to in section 1905 of title 18 that

is obtained by the Secretary or an officer, employee, or agent in

carrying out this section may be disclosed only to another officer

or employee concerned with carrying out this chapter or in a

proceeding under this chapter.

(e) USE OF ACCIDENT REPORTS.—(1) Each accident report made

by an officer, employee, or agent of the Department may be used

in a judicial proceeding resulting from the accident. The officer,

employee, or agent may be required to testify in the proceeding

about the facts developed in investigating the accident. The report

shall be made available to the public in a way that does not

identify an individual.

(2) Each report related to research and demonstration projects

and related activities is public information.

(f) TESTING FACILITIES INVOLVED IN ACCIDENTS.—The Secretary

may require testing of a part of a pipeline facility subject to this
H. R. 1758—578

chapter that has been involved in or affected by an accident only

after—

(1) notifying the appropriate State official in the State

in which the facility is located; and

(2) attempting to negotiate a mutually acceptable plan

for testing with the owner of the facility and, when the Secretary considers appropriate, the National Transportation

Safety Board.

(g) PROVIDING SAFETY INFORMATION.—On request, the Secretary shall provide the Federal Energy Regulatory Commission

or appropriate State authority with information the Secretary has

on the safety of material, operations, devices, or processes related

to pipeline transportation or operating a pipeline facility.

(h) COOPERATION.—The Secretary may—

(1) advise, assist, and cooperate with other departments,

agencies, and instrumentalities of the United States Government, the States, and public and private agencies and persons

in planning and developing safety standards and ways to

inspect and test to decide whether those standards have been

complied with;

(2) consult with and make recommendations to other

departments, agencies, and instrumentalities of the Government, State and local governments, and public and private

agencies and persons to develop and encourage activities,

including the enactment of legislation, that will assist in carrying out this chapter and improve State and local pipeline safety

programs; and

(3) participate in a proceeding involving safety requirements related to a liquefied natural gas facility before the

Commission or a State authority.

(i) PROMOTING COORDINATION.—After consulting with appropriate State officials, the Secretary shall establish procedures to

promote more effective coordination between departments, agencies,

and instrumentalities of the Government and State authorities

with regulatory authority over pipeline facilities about responses

to a pipeline accident.

(j) WITHHOLDING INFORMATION FROM CONGRESS.—This section

does not authorize information to be withheld from a committee

of Congress authorized to have the information.

§ 60118. Compliance and waivers

(a) GENERAL REQUIREMENTS.—A person transporting gas or

hazardous liquid or owning or operating a pipeline facility shall— (1) comply with applicable safety standards prescribed

under this chapter, except as provided in this section;

(2) prepare and carry out a plan for inspection and maintenance required under section 60108(a) and (b) of this title;

and

(3) allow access to or copying of records, make reports

and provide information, and allow entry or inspection required

under section 60117(a)–(d) of this title.

(b) COMPLIANCE ORDERS.—The Secretary of Transportation may

issue orders directing compliance with this chapter or a regulation

prescribed under this chapter. An order shall state clearly the

action a person must take to comply.

(c) WAIVERS BY SECRETARY.—On application of a person

transporting gas or hazardous liquid or operating a pipeline facility,
H. R. 1758—579

the Secretary by order may waive compliance with any part of

an applicable standard prescribed under this chapter on terms

the Secretary considers appropriate, if the waiver is not inconsistent

with pipeline safety. The Secretary shall state the reasons for

granting a waiver under this subsection. The Secretary may act

on a waiver only after notice and an opportunity for a hearing.

(d) WAIVERS BY STATE AUTHORITIES.—If a certification under

section 60105 of this title or an agreement under section 60106

of this title is in effect, the State authority may waive compliance

with a safety standard to which the certification or agreement

applies in the same way and to the same extent the Secretary

may waive compliance under subsection (c) of this section. However,

the authority must give the Secretary written notice of the waiver

at least 60 days before its effective date. If the Secretary makes

a written objection before the effective date of the waiver, the

waiver is stayed. After notifying the authority of the objection,

the Secretary shall provide a prompt opportunity for a hearing.

The Secretary shall make the final decision on granting the waiver.

§ 60119. Judicial review

(a) REVIEW OF REGULATIONS AND WAIVER ORDERS.—(1) Except

as provided in subsection (b) of this section, a person adversely

affected by a regulation prescribed under this chapter or an order

issued about an application for a waiver under section 60118(c)

or (d) of this title may apply for review of the regulation or order

by filing a petition for review in the United States Court of Appeals

for the District of Columbia Circuit or in the court of appeals

of the United States for the circuit in which the person resides

or has its principal place of business. The petition must be filed

not later than 89 days after the regulation is prescribed or order

is issued. The clerk of the court immediately shall send a copy

of the petition to the Secretary of Transportation. (2) A judgment of a court under paragraph (1) of this subsection

may be reviewed only by the Supreme Court under section 1254

of title 28. A remedy under paragraph (1) is in addition to any

other remedies provided by law. (b) REVIEW OF FINANCIAL RESPONSIBILITY ORDERS.—(1) A person adversely affected by an order issued under section 60111

of this title may apply for review of the order by filing a petition

for review in the appropriate court of appeals of the United States.

The petition must be filed not later than 60 days after the order

is issued. Findings of fact the Secretary makes are conclusive if

supported by substantial evidence. (2) A judgment of a court under paragraph (1) of this subsection may be reviewed only by the Supreme Court under section 1254(1)

of title 28.

§ 60120. Enforcement

(a) CIVIL ACTIONS.—(1) On the request of the Secretary of

Transportation, the Attorney General may bring a civil action in

an appropriate district court of the United States to enforce this

chapter or a regulation prescribed or order issued under this chapter. The court may award appropriate relief, including punitive

damages.

(2) At the request of the Secretary, the Attorney General may

bring a civil action in a district court of the United States to

require a person to comply immediately with a subpena or to
H. R. 1758—580

allow an officer, employee, or agent authorized by the Secretary

to enter the premises, and inspect the records and property, of

the person to decide whether the person is complying with this

chapter. The action may be brought in the judicial district in which

the defendant resides, is found, or does business. The court may

punish a failure to obey the order as a contempt of court.

(b) JURY TRIAL DEMAND.—In a trial for criminal contempt

for violating an injunction issued under this section, the violation

of which is also a violation of this chapter, the defendant may

demand a jury trial. The defendant shall be tried as provided

in rule 42(b) of the Federal Rules of Criminal Procedure (18 App.

U.S.C.).

(c) EFFECT ON TORT LIABILITY.—This chapter does not affect

the tort liability of any person.

§ 60121. Actions by private persons

(a) GENERAL AUTHORITY.—(1) A person may bring a civil action

in an appropriate district court of the United States for an injunction against another person (including the United States Government and other governmental authorities to the extent permitted

under the 11th amendment to the Constitution) for a violation

of this chapter or a regulation prescribed or order issued under

this chapter. However, the person—

(A) may bring the action only after 60 days after the

person has given notice of the violation to the Secretary of

Transportation or to the appropriate State authority (when

the violation is alleged to have occurred in a State certified

under section 60105 of this title) and to the person alleged

to have committed the violation;

(B) may not bring the action if the Secretary or authority

has begun and diligently is pursuing an administrative proceeding for the violation; and

(C) may not bring the action if the Attorney General of

the United States, or the chief law enforcement officer of a

State, has begun and diligently is pursuing a judicial proceeding

for the violation.

(2) The Secretary shall prescribe the way in which notice is

given under this subsection.

(3) The Secretary, with the approval of the Attorney General,

or the Attorney General may intervene in an action under paragraph (1) of this subsection.

(b) COSTS AND FEES.—The court may award costs, reasonable

expert witness fees, and a reasonable attorney’s fee to a prevailing

plaintiff in a civil action under this section. The court may award

costs to a prevailing defendant when the action is unreasonable,

frivolous, or meritless. In this subsection, a reasonable attorney’s

fee is a fee—

(1) based on the actual time spent and the reasonable

expenses of the attorney for legal services provided to a person

under this section; and

(2) computed at the rate prevailing for providing similar

services for actions brought in the court awarding the fee.

(c) STATE VIOLATIONS AS VIOLATIONS OF THIS CHAPTER.—In

this section, a violation of a safety standard or practice of a State

is deemed to be a violation of this chapter or a regulation prescribed

or order issued under this chapter only to the extent the standard
H. R. 1758—581

or practice is not more stringent than a comparable minimum

safety standard prescribed under this chapter.

(d) ADDITIONAL REMEDIES.—A remedy under this section is

in addition to any other remedies provided by law. This section

does not restrict a right to relief that a person or a class of

persons may have under another law or at common law.

§ 60122. Civil penalties

(a) GENERAL PENALTIES.—(1) A person that the Secretary of

Transportation decides, after written notice and an opportunity

for a hearing, has violated section 60114(c) or 60118(a) of this

title or a regulation prescribed or order issued under this chapter

is liable to the United States Government for a civil penalty of

not more than $25,000 for each violation. A separate violation

occurs for each day the violation continues. The maximum civil

penalty under this paragraph for a related series of violations

is $500,000.

(2) A person violating a standard or order under section 60103

or 60111 of this title is liable to the Government for a civil penalty

of not more than $50,000 for each violation. A penalty under this

paragraph may be imposed in addition to penalties imposed under

paragraph (1) of this subsection.

(b) PENALTY CONSIDERATIONS.—In determining the amount of

a civil penalty under this section, the Secretary shall consider—

(1) the nature, circumstances, and gravity of the violation;

(2) with respect to the violator, the degree of culpability,

any history of prior violations, the ability to pay, and any

effect on ability to continue doing business; (3) good faith in attempting to comply; and

(4) other matters that justice requires. (c) COLLECTION AND COMPROMISE.—(1) The Secretary may

request the Attorney General to bring a civil action in an appropriate district court of the United States to collect a civil penalty

imposed under this section.

(2) The Secretary may compromise the amount of a civil penalty

imposed under this section before referral to the Attorney General. (d) SETOFF.—The Government may deduct the amount of a

civil penalty imposed or compromised under this section from

amounts it owes the person liable for the penalty. (e) DEPOSIT IN TREASURY.—Amounts collected under this section shall be deposited in the Treasury as miscellaneous receipts. (f) PROHIBITION ON MULTIPLE PENALTIES FOR SAME ACT.—Separate penalties for violating a regulation prescribed under this chapter and for violating an order under section 60112 or 60118(b)

of this title may not be imposed under this chapter if both violations

are based on the same act.

§ 60123. Criminal penalties

(a) GENERAL PENALTY.—A person knowingly and willfully violating section 60114(c) or 60118(a) of this title or a regulation

prescribed or order issued under this chapter shall be fined under

title 18, imprisoned for not more than 5 years, or both.

(b) PENALTY FOR DAMAGING OR DESTROYING FACILITY.—A person knowingly and willfully damaging or destroying, or attempting

to damage or destroy, an interstate gas pipeline facility or interstate

hazardous liquid pipeline facility shall be fined under title 18,

imprisoned for not more than 15 years, or both.
H. R. 1758—582

(c) PENALTY FOR DAMAGING OR DESTROYING SIGN.—A person

knowingly and willfully defacing, damaging, removing, or destroying

a pipeline sign or right-of-way marker required by a law or regulation of the United States shall be fined under title 18, imprisoned

for not more than one year, or both.

(d) PENALTY FOR NOT USING ONE-CALL NOTIFICATION SYSTEM

OR NOT HEEDING LOCATION INFORMATION OR MARKINGS.—A person

shall be fined under title 18, imprisoned for not more than 5

years, or both, if the person knowingly and willfully—

(1) engages in an excavation activity—

(A) without first using an available one-call notification

system to establish the location of underground facilities

in the excavation area; or

(B) without paying attention to appropriate location

information or markings the operator of a pipeline facility

establishes; and

(2) subsequently damages—

(A) a pipeline facility that results in death, serious

bodily harm, or actual damage to property of more than

$50,000; or

(B) a hazardous liquid pipeline facility that results

in the release of more than 50 barrels of product.

§ 60124. Annual reports

(a) SUBMISSION AND CONTENTS.—The Secretary of Transportation shall submit to Congress not later than August 15 of each

year a report on carrying out this chapter for the prior calendar

year for gas and a report on carrying out this chapter for the

prior calendar year for hazardous liquid. Each report shall include

the following information about the prior year for gas or hazardous

liquid, as appropriate:

(1) a thorough compilation of the leak repairs, accidents,

and casualties and a statement of cause when investigated

and established by the National Transportation Safety Board. (2) a list of applicable pipeline safety standards prescribed

under this chapter including identification of standards prescribed during the year. (3) a summary of the reasons for each waiver granted under section 60118(c) and (d) of this title.

(4) an evaluation of the degree of compliance with

applicable safety standards, including a list of enforcement

actions and compromises of alleged violations by location and

company name. (5) a summary of outstanding problems in carrying out

this chapter, in order of priority.

(6) an analysis and evaluation of—

(A) research activities, including their policy implications, completed as a result of the United States Government and private sponsorship; and

(B) technological progress in safety achieved.

(7) a list, with a brief statement of the issues, of completed

or pending judicial actions under this chapter.

(8) the extent to which technical information was distributed to the scientific community and consumer-oriented

information was made available to the public.

(9) a compilation of certifications filed under section 60105

of this title that were—
H. R. 1758—583

(A) in effect; or

(B) rejected in any part by the Secretary and a summary of the reasons for each rejection.

(10) a compilation of agreements made under section 60106

of this title that were—

(A) in effect; or

(B) ended in any part by the Secretary and a summary

of the reasons for ending each agreement.

(11) a description of the number and qualifications of State

pipeline safety inspectors in each State for which a certification

under section 60105 of this title or an agreement under section

60106 of this title is in effect and the number and qualifications

of inspectors the Secretary recommends for that State.

(12) recommendations for legislation the Secretary considers necessary—

(A) to promote cooperation among the States in improving—

(i) gas pipeline safety; or

(ii) hazardous liquid pipeline safety programs; and

(B) to strengthen the national gas pipeline safety program.

(b) SUBMISSION OF ONE REPORT.—The Secretary may submit

one report to carry out subsection (a) of this section.

§ 60125. Authorization of appropriations

(a) GAS.—Not more than the following amounts may be appropriated to the Secretary of Transportation to carry out this chapter

(except sections 60107 and 60114(b)) related to gas:

(1) $6,857,000 for the fiscal year ending September 30,

1993.

(2) $7,000,000 for the fiscal year ending September 30,

1994.

(3) $7,500,000 for the fiscal year ending September 30,

1995.

(b) HAZARDOUS LIQUID.—Not more than the following amounts

may be appropriated to the Secretary to carry out this chapter

(except sections 60107 and 60114(b)) related to hazardous liquid:

(1) $1,728,500 for the fiscal year ending September 30,

1993.

(2) $1,866,800 for the fiscal year ending September 30,

1994.

(3) $2,000,000 for the fiscal year ending September 30,

1995.

(c) STATE GRANTS.—(1) Not more than the following amounts

may be appropriated to the Secretary to carry out section 60107

of this title:

(A) $7,750,000 for the fiscal year ending September 30,

1993.

(B) $9,000,000 for the fiscal year ending September 30,

1994.

(C) $10,000,000 for the fiscal year ending September 30,

1995.

(2) At least 5 percent of amounts appropriated to carry out

United States Government grants-in-aid programs for a fiscal year

are available only to carry out section 60107 of this title related

to hazardous liquid.
H. R. 1758—584

(3) Not more than 20 percent of a pipeline safety program grant under section 60107 of this title may be allocated to indirect

expenses. (d) GRANTS FOR ONE-CALL NOTIFICATION SYSTEMS.—Not more

than $lllll may be appropriated to the Secretary for the fiscal year ending September 30, 19l, to carry out section 60114(b) of this title. Amounts under this subsection remain available until

expended. (e) CREDITING APPROPRIATIONS FOR EXPENDITURES FOR TRAIN- ING.—The Secretary may credit to an appropriation authorized under subsection (a) or (b) of this section amounts received from

sources other than the Government for reimbursement for expenses

incurred by the Secretary in providing training. (f) AVAILABILITY OF UNUSED AMOUNTS FOR GRANTS.—(1) The

Secretary shall make available for grants to States amounts appropriated for each of the fiscal years that ended September 30, 1986,

and 1987, that have not been expended in making grants under

section 60107 of this title.

(2) A grant under this subsection is available to a State that after December 31, 1987—

(A) undertakes a new responsibility under section 60105 of this title; or

(B) implements a one-call damage prevention program established under State law.

(3) This subsection does not authorize a State to receive more

than 50 percent of its allowable pipeline safety costs from a grant

under this chapter. (4) A State may receive not more than $75,000 under this subsection.

(5) Amounts under this subsection remain available until

expended.

CHAPTER 603—USER FEES

Sec.

60301. User fees.

§ 60301. User fees

(a) SCHEDULE OF FEES.—The Secretary of Transportation shall

prescribe a schedule of fees for all natural gas and hazardous

liquids transported by pipelines subject to chapter 601 of this title.

The fees shall be based on usage (in reasonable relationship to

volume-miles, miles, revenues, or a combination of volume-miles,

miles, and revenues) of the pipelines. The Secretary shall consider

the allocation of resources of the Department of Transportation

when establishing the schedule.

(b) IMPOSITION AND TIME OF COLLECTION.—A fee shall be

imposed on each person operating a gas pipeline transmission facility, a liquefied natural gas pipeline facility, or a hazardous liquid

pipeline facility to which chapter 601 of this title applies. The

fee shall be collected before the end of the fiscal year to which

it applies.

(c) MEANS OF COLLECTION.—The Secretary shall prescribe

procedures to collect fees under this section. The Secretary may

use a department, agency, or instrumentality of the United States

Government or of a State or local government to collect the fee

and may reimburse the department, agency, or instrumentality

a reasonable amount for its services.
H. R. 1758—585

(d) USE OF FEES.—A fee collected under this section—

(1)(A) related to a gas pipeline facility may be used only

for an activity related to gas under chapter 601 of this title;

and

(B) related to a hazardous liquid pipeline facility may be

used only for an activity related to hazardous liquid under

chapter 601 of this title; and

(2) may be used only to the extent provided in advance

in an appropriation law.

(e) LIMITATIONS.—Fees prescribed under subsection (a) of this

section shall be sufficient to pay for the costs of activities described

in subsection (d) of this section. However, the total amount collected

for a fiscal year may not be more than 105 percent of the total

amount of the appropriations made for the fiscal year for activities

to be financed by the fees.

CHAPTER 605—INTERSTATE COMMERCE REGULATION

Sec.

60501. Secretary of Energy.

60502. Federal Energy Regulatory Commission.

60503. Effect of enactment.

§ 60501. Secretary of Energy

Except as provided in section 60502 of this title, the Secretary

of Energy has the duties and powers related to the transportation

of oil by pipeline that were vested on October 1, 1977, in the

Interstate Commerce Commission or the chairman or a member

of the Commission.

§ 60502. Federal Energy Regulatory Commission

The Federal Energy Regulatory Commission has the duties

and powers related to the establishment of a rate or charge for

the transportation of oil by pipeline or the valuation of that pipeline

that were vested on October 1, 1977, in the Interstate Commerce

Commission or an officer or component of the Interstate Commerce

Commission.

§ 60503. Effect of enactment

The enactment of the Act of October 17, 1978 (Public Law

95–473, 92 Stat. 1337), the Act of January 12, 1983 (Public Law

97–449, 96 Stat. 2413), and the Act enacting this section does

not repeal, and has no substantive effect on, any right, obligation,

liability, or remedy of an oil pipeline, including a right, obligation,

liability, or remedy arising under the Interstate Commerce Act

or the Act of August 29, 1916 (known as the Pomerene Bills of

Lading Act), before any department, agency, or instrumentality

of the United States Government, an officer or employee of the

Government, or a court of competent jurisdiction.

SUBTITLE IX—COMMERCIAL SPACE

TRANSPORTATION

CHAPTER Sec.

701. COMMERCIAL SPACE LAUNCH ACTIVITIES ..................................... 70101

703. SPACE TRANSPORTATION INFRASTRUCTURE MATCHING

GRANTS.

70301
H. R. 1758—586

CHAPTER 701—COMMERCIAL SPACE LAUNCH 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.

§ 70101. Findings and purposes

(a) FINDINGS.—Congress finds that— (1) the peaceful uses of outer space continue to be of great

value and to offer benefits to all mankind;

(2) private applications of space technology have achieved

a significant level of commercial and economic activity and

offer the potential for growth in the future, particularly in

the United States;

(3) new and innovative equipment and services are being

sought, produced, and offered by entrepreneurs in telecommunications, information services, and remote sensing technologies;

(4) the private sector in the United States has the capability

of developing and providing private satellite launching and

associated services that would complement the launching and

associated services now available from the United States

Government;

(5) the development of commercial launch vehicles and

associated services would enable the United States to retain

its competitive position internationally, contributing to the

national interest and economic well-being of the United States;

(6) providing launch services by the private sector is

consistent with the national security and foreign policy interests

of the United States and would be facilitated by stable, minimal,

and appropriate regulatory guidelines that are fairly and

expeditiously applied; (7) the United States should encourage private sector

launches and associated services and, only to the extent necessary, regulate those launches and services to ensure compliance with international obligations of the United States and

to protect the public health and safety, safety of property,

and national security and foreign policy interests of the United

States;

(8) space transportation, including the establishment and

operation of launch sites and complementary facilities, the

providing of launch services, the establishment of support facilities, and the providing of support services, is an important

element of the transportation system of the United States,
H. R. 1758—587

and in connection with the commerce of the United States

there is a need to develop a strong space transportation infrastructure with significant private sector involvement; and

(9) the participation of State governments in encouraging

and facilitating private sector involvement in space-related

activity, particularly through the establishment of a space

transportation-related infrastructure, including launch sites,

complementary facilities, and launch site support facilities, is

in the national interest and is of significant public benefit.

(b) PURPOSES.—The purposes of this chapter are—

(1) to promote economic growth and entrepreneurial activity through use of the space environment for peaceful purposes;

(2) to encourage the United States private sector to provide

launch vehicles and associated services by—

(A) simplifying and expediting the issuance and transfer of commercial launch licenses; and

(B) facilitating and encouraging the use of Governmentdeveloped space technology;

(3) to provide that the Secretary of Transportation is to

oversee and coordinate the conduct of commercial launch operations, issue and transfer commercial launch licenses authorizing those operations, and protect the public health and safety,

safety of property, and national security and foreign policy

interests of the United States; and

(4) to facilitate the strengthening and expansion of the

United States space transportation infrastructure, including

the enhancement of United States launch sites and launchsite support facilities, with Government, State, and private

sector involvement, to support the full range of United States

space-related activities.

§ 70102. Definitions

In this chapter—

(1) ‘‘citizen of the United States’’ means—

(A) an individual who is a citizen of the United States;

(B) an entity organized or existing under the laws

of the United States or a State; or

(C) an entity organized or existing under the laws of a foreign country if the controlling interest (as defined

by the Secretary of Transportation) is held by an individual

or entity described in subclause (A) or (B) of this clause.

(2) ‘‘executive agency’’ has the same meaning given that

term in section 105 of title 5.

(3) ‘‘launch’’ means to place or try to place a launch vehicle

and any payload—

(A) in a suborbital trajectory;

(B) in Earth orbit in outer space; or

(C) otherwise in outer space.

(4) ‘‘launch property’’ means an item built for, or used

in, the launch preparation or launch of a launch vehicle.

(5) ‘‘launch services’’ means—

(A) activities involved in the preparation of a launch

vehicle and payload for launch; and

(B) the conduct of a launch.

(6) ‘‘launch site’’ means the location on Earth from which

a launch takes place (as defined in a license the Secretary

issues or transfers under this chapter) and necessary facilities.
H. R. 1758—588

(7) ‘‘launch vehicle’’ means—

(A) a vehicle built to operate in, or place a payload

in, outer space; and

(B) a suborbital rocket.

(8) ‘‘payload’’ means an object that a person undertakes

to place in outer space by means of a launch vehicle, including

components of the vehicle specifically designed or adapted for

that object.

(9) ‘‘person’’ means an individual and an entity organized

or existing under the laws of a State or country.

(10) ‘‘State’’ means a State of the United States, the District

of Columbia, and a territory or possession of the United States.

(11) ‘‘third party’’ means a person except—

(A) the United States Government or the Government’s

contractors or subcontractors involved in launch services;

(B) a licensee or transferee under this chapter;

(C) a licensee’s or transferee’s contractors, subcontractors, or customers involved in launch services; or

(D) the customer’s contractors or subcontractors

involved in launch services.

(12) ‘‘United States’’ means the States of the United States,

the District of Columbia, and the territories and possessions

of the United States.

§ 70103. General authority

(a) GENERAL.—The Secretary of Transportation shall carry out

this chapter.

(b) FACILITATING COMMERCIAL LAUNCHES.—In carrying out this

chapter, the Secretary shall— (1) encourage, facilitate, and promote commercial space

launches by the private sector; and (2) take actions to facilitate private sector involvement

in commercial space transportation activity, and to promote

public-private partnerships involving the United States Government, State governments, and the private sector to build,

expand, modernize, or operate a space launch infrastructure.

(c) EXECUTIVE AGENCY ASSISTANCE.—When necessary, the head

of an executive agency shall assist the Secretary in carrying out

this chapter.

§ 70104. Restrictions on launches and operations

(a) LICENSE REQUIREMENT.—A license issued or transferred

under this chapter is required for the following: (1) for a person to launch a launch vehicle or to operate

a launch site in the United States.

(2) for a citizen of the United States (as defined in section

70102(1)(A) or (B) of this title) to launch a launch vehicle

or to operate a launch site outside the United States.

(3) for a citizen of the United States (as defined in section

70102(1)(C) of this title) to launch a launch vehicle or to operate

a launch site outside the United States and outside the territory

of a foreign country unless there is an agreement between

the United States Government and the government of the foreign country providing that the government of the foreign country has jurisdiction over the launch or operation.

(4) for a citizen of the United States (as defined in section

70102(1)(C) of this title) to launch a launch vehicle or to operate
H. R. 1758—589

a launch site in the territory of a foreign country if there

is an agreement between the United States Government and

the government of the foreign country providing that the United

States Government has jurisdiction over the launch or operation.

(b) COMPLIANCE WITH PAYLOAD REQUIREMENTS.—The holder

of a launch license under this chapter may launch a payload only

if the payload complies with all requirements of the laws of the

United States related to launching a payload.

(c) PREVENTING LAUNCHES.—The Secretary of Transportation

shall establish whether all required licenses, authorizations, and

permits required for a payload have been obtained. If no license,

authorization, or permit is required, the Secretary may prevent

the launch if the Secretary decides the launch would jeopardize

the public health and safety, safety of property, or national security

or foreign policy interest of the United States.

§ 70105. License applications and requirements

(a) APPLICATIONS.—A person may apply to the Secretary of

Transportation for a license or transfer of a license under this

chapter in the form and way the Secretary prescribes. Consistent

with the public health and safety, safety of property, and national

security and foreign policy interests of the United States, the Secretary, not later than 180 days after receiving an application, shall

issue or transfer a license if the Secretary decides in writing that

the applicant complies, and will continue to comply, with this chapter and regulations prescribed under this chapter. The Secretary

shall inform the applicant of any pending issue and action required

to resolve the issue if the Secretary has not made a decision not

later than 120 days after receiving an application.

(b) REQUIREMENTS.—(1) Except as provided in this subsection,

all requirements of the laws of the United States applicable to

the launch of a launch vehicle or the operation of a launch site

are requirements for a license under this chapter.

(2) The Secretary may prescribe—

(A) any term necessary to ensure compliance with this

chapter, including on-site verification that a launch or operation

complies with representations stated in the application;

(B) an additional requirement necessary to protect the public health and safety, safety of property, national security

interests, and foreign policy interests of the United States;

and

(C) by regulation that a requirement of a law of the United

States not be a requirement for a license if the Secretary,

after consulting with the head of the appropriate executive

agency, decides that the requirement is not necessary to protect

the public health and safety, safety of property, and national

security and foreign policy interests of the United States.

(3) The Secretary may waive a requirement for an individual

applicant if the Secretary decides that the waiver is in the public

interest and will not jeopardize the public health and safety, safety

of property, and national security and foreign policy interests of

the United States.

(c) PROCEDURES AND TIMETABLES.—The Secretary shall establish procedures and timetables that expedite review of a license

application and reduce the regulatory burden for an applicant.
H. R. 1758—590

§ 70106. Monitoring activities

(a) GENERAL REQUIREMENTS.—A licensee under this chapter

must allow the Secretary of Transportation to place an officer

or employee of the United States Government or another individual

as an observer at a launch site the licensee uses, at a production

facility or assembly site a contractor of the licensee uses to produce

or assemble a launch vehicle, or at a site at which a payload

is integrated with a launch vehicle. The observer will monitor

the activity of the licensee or contractor at the time and to the

extent the Secretary considers reasonable to ensure compliance

with the license or to carry out the duties of the Secretary under

section 70104(c) of this title. A licensee must cooperate with an

observer carrying out this subsection.

(b) CONTRACTS.—To the extent provided in advance in an appropriation law, the Secretary may make a contract with a person

to carry out subsection (a) of this section.

§ 70107. Effective periods, and modifications, suspensions,

and revocations, of licenses

(a) EFFECTIVE PERIODS OF LICENSES.—The Secretary of

Transportation shall specify the period for which a license issued

or transferred under this chapter is in effect.

(b) MODIFICATIONS.—On the initiative of the Secretary or on

application of the licensee, the Secretary may modify a license

issued or transferred under this chapter if the Secretary decides

the modification will comply with this chapter.

(c) SUSPENSIONS AND REVOCATIONS.—The Secretary may suspend or revoke a license if the Secretary decides that—

(1) the licensee has not complied substantially with a

requirement of this chapter or a regulation prescribed under

this chapter; or

(2) the suspension or revocation is necessary to protect

the public health and safety, the safety of property, or a

national security or foreign policy interest of the United States.

(d) EFFECTIVE PERIODS OF MODIFICATIONS, SUSPENSIONS, AND

REVOCATIONS.—Unless the Secretary specifies otherwise, a modification, suspension, or revocation under this section takes effect

immediately and remains in effect during a review under section

70110 of this title.

(e) NOTIFICATION.—The Secretary shall notify the licensee in

writing of the decision of the Secretary under this section and

any action the Secretary takes or proposes to take based on the

decision.

§ 70108. Prohibition, suspension, and end of launches and

operation of launch sites

(a) GENERAL AUTHORITY.—The Secretary of Transportation may

prohibit, suspend, or end immediately the launch of a launch vehicle

or the operation of a launch site licensed under this chapter if

the Secretary decides the launch or operation is detrimental to

the public health and safety, the safety of property, or a national

security or foreign policy interest of the United States.

(b) EFFECTIVE PERIODS OF ORDERS.—An order under this section takes effect immediately and remains in effect during a review

under section 70110 of this title.
H. R. 1758—591

§ 70109. Preemption of scheduled launches

(a) GENERAL.—With the cooperation of the Secretary of Defense

and the Administrator of the National Aeronautics and Space

Administration, the Secretary of Transportation shall act to ensure

that a launch of a payload is not preempted from access to a

United States Government launch site or launch property, except

for imperative national need, when a launch date commitment

from the Government has been obtained for a launch licensed

under this chapter. A licensee or transferee preempted from access

to a launch site or launch property does not have to pay the

Government any amount for launch services attributable only to

the scheduled launch prevented by the preemption.

(b) IMPERATIVE NATIONAL NEED DECISIONS.—In consultation

with the Secretary of Transportation, the Secretary of Defense

or the Administrator shall decide when an imperative national

need requires preemption under subsection (a) of this section. That

decision may not be delegated.

(c) REPORTS.—In cooperation with the Secretary of Transportation, the Secretary of Defense or the Administrator, as appropriate, shall submit to Congress not later than 7 days after a

decision to preempt under subsection (a) of this section, a report

that includes an explanation of the circumstances justifying the

decision and a schedule for ensuring the prompt launching of a

preempted payload.

§ 70110. Administrative hearings and judicial review

(a) ADMINISTRATIVE HEARINGS.—The Secretary of Transportation shall provide an opportunity for a hearing on the record

to—

(1) an applicant under this chapter, for a decision of the

Secretary under section 70105(a) of this title to issue or transfer

a license with terms or deny the issuance or transfer of a

license;

(2) an owner or operator of a payload under this chapter,

for a decision of the Secretary under section 70104(c) of this

title to prevent the launch of the payload; and

(3) a licensee under this chapter, for a decision of the

Secretary under—

(A) section 70107 (b) or (c) of this title to modify,

suspend, or revoke a license; or

(B) section 70108(a) of this title to prohibit, suspend,

or end a launch or operation of a launch site licensed

by the Secretary.

(b) JUDICIAL REVIEW.—A final action of the Secretary under

this chapter is subject to judicial review as provided in chapter

7 of title 5.

§ 70111. Acquiring United States Government property and

services

(a) GENERAL REQUIREMENTS AND CONSIDERATIONS.—(1) The

Secretary of Transportation shall facilitate and encourage the

acquisition by the private sector and State governments of—

(A) launch property of the United States Government that

is excess or otherwise is not needed for public use; and

(B) launch services, including utilities, of the Government

otherwise not needed for public use.
H. R. 1758—592

(2) In acting under paragraph (1) of this subsection, the Secretary shall consider the commercial availability on reasonable

terms of substantially equivalent launch property or launch services

from a domestic source.

(b) PRICE.—(1) In this subsection, ‘‘direct costs’’ means the

actual costs that—

(A) can be associated unambiguously with a commercial

launch effort; and

(B) the Government would not incur if there were no

commercial launch effort.

(2) In consultation with the Secretary, the head of the executive

agency providing the property or service under subsection (a) of

this section shall establish the price for the property or service.

The price for—

(A) acquiring launch property by sale or transaction instead

of sale is the fair market value;

(B) acquiring launch property (except by sale or transaction

instead of sale) is an amount equal to the direct costs, including

specific wear and tear and property damage, the Government

incurred because of acquisition of the property; and

(C) launch services is an amount equal to the direct costs,

including the basic pay of Government civilian and contractor

personnel, the Government incurred because of acquisition of

the services.

(c) COLLECTION BY SECRETARY.—The Secretary may collect a

payment under this section with the consent of the head of the

executive agency establishing the price. Amounts collected under

this subsection shall be deposited in the Treasury. Amounts (except

for excess launch property) shall be credited to the appropriation

from which the cost of providing the property or services was

paid.

(d) COLLECTION BY OTHER GOVERNMENTAL HEADS.—The head

of a department, agency, or instrumentality of the Government

may collect a payment for an activity involved in producing a

launch vehicle or its payload for launch if the activity was agreed

to by the owner or manufacturer of the launch vehicle or payload.

§ 70112. Liability insurance and financial responsibility

requirements

(a) GENERAL REQUIREMENTS.—(1) When a license is issued

or transferred under this chapter, the licensee or transferee shall

obtain liability insurance or demonstrate financial responsibility

in amounts to compensate for the maximum probable loss from

claims by—

(A) a third party for death, bodily injury, or property damage or loss resulting from an activity carried out under the

license; and

(B) the United States Government against a person for

damage or loss to Government property resulting from an activity carried out under the license.

(2) The Secretary of Transportation shall determine the

amounts required under paragraph (1)(A) and (B) of this subsection,

after consulting with the Administrator of the National Aeronautics

and Space Administration, the Secretary of the Air Force, and

the heads of other appropriate executive agencies.
H. R. 1758—593

(3) For the total claims related to one launch, a licensee or

transferee is not required to obtain insurance or demonstrate financial responsibility of more than—

(A)(i) $500,000,000 under paragraph (1)(A) of this subsection; or

(ii) $100,000,000 under paragraph (1)(B) of this subsection;

or

(B) the maximum liability insurance available on the world

market at reasonable cost if the amount is less than the

applicable amount in clause (A) of this paragraph.

(4) An insurance policy or demonstration of financial responsibility under this subsection shall protect the following, to the

extent of their potential liability for involvement in launch services,

at no cost to the Government:

(A) the Government.

(B) executive agencies and personnel, contractors, and subcontractors of the Government.

(C) contractors, subcontractors, and customers of the

licensee or transferee.

(D) contractors and subcontractors of the customer.

(b) RECIPROCAL WAIVER OF CLAIMS.—(1) A license issued or

transferred under this chapter shall contain a provision requiring

the licensee or transferee to make a reciprocal waiver of claims

with its contractors, subcontractors, and customers, and contractors

and subcontractors of the customers, involved in launch services

under which each party to the waiver agrees to be responsible

for property damage or loss it sustains, or for personal injury

to, death of, or property damage or loss sustained by its own

employees resulting from an activity carried out under the license.

(2) The Secretary of Transportation shall make, for the Government, executive agencies of the Government involved in launch

services, and contractors and subcontractors involved in launch

services, a reciprocal waiver of claims with the licensee or transferee, contractors, subcontractors, and customers of the licensee

or transferee, and contractors and subcontractors of the customers,

involved in launch services under which each party to the waiver

agrees to be responsible for property damage or loss it sustains,

or for personal injury to, death of, or property damage or loss

sustained by its own employees resulting from an activity carried

out under the license. The waiver applies only to the extent that

claims are more than the amount of insurance or demonstration

of financial responsibility required under subsection (a)(1)(B) of

this section. After consulting with the Administrator and the Secretary of the Air Force, the Secretary of Transportation may waive,

for the Government and a department, agency, and instrumentality

of the Government, the right to recover damages for damage or

loss to Government property to the extent insurance is not available

because of a policy exclusion the Secretary of Transportation decides

is usual for the type of insurance involved.

(c) DETERMINATION OF MAXIMUM PROBABLE LOSSES.—The Secretary of Transportation shall determine the maximum probable

losses under subsection (a)(1)(A) and (B) of this section associated

with an activity under a license not later than 90 days after a

licensee or transferee requires a determination and submits all

information the Secretary requires. The Secretary shall amend the

determination as warranted by new information.
H. R. 1758—594

(d) ANNUAL REPORT.—(1) Not later than November 15 of each

year, the Secretary of Transportation shall submit to the Committee

on Commerce, Science, and Transportation of the Senate and the

Committee on Science, Space, and Technology of the House of

Representatives a report on current determinations made under

subsection (c) of this section related to all issued licenses and

the reasons for the determinations.

(2) Not later than May 15 of each year, the Secretary of

Transportation shall review the amounts specified in subsection

(a)(3)(A) of this section and submit a report to Congress that contains proposed adjustments in the amounts to conform with changed

liability expectations and availability of insurance on the world

market. The proposed adjustment takes effect 30 days after a report

is submitted.

(e) LAUNCHES INVOLVING GOVERNMENT FACILITIES AND PERSONNEL.—The Secretary of Transportation shall establish requirements

consistent with this chapter for proof of financial responsibility

and other assurances necessary to protect the Government and

its executive agencies and personnel from liability, death, bodily

injury, or property damage or loss as a result of a launch or

operation of a launch site involving a facility or personnel of the

Government. The Secretary may not relieve the Government of

liability under this subsection for death, bodily injury, or property

damage or loss resulting from the willful misconduct of the Government or its agents.

(f) COLLECTION AND CREDITING PAYMENTS.—The head of a

department, agency, or instrumentality of the Government shall

collect a payment owed for damage or loss to Government property

under its jurisdiction or control resulting from an activity carried

out under a license issued or transferred under this chapter. The

payment shall be credited to the current applicable appropriation,

fund, or account of the department, agency, or instrumentality.

§ 70113. Paying claims exceeding liability insurance and

financial responsibility requirements

(a) GENERAL REQUIREMENTS.—(1) To the extent provided in

advance in an appropriation law or to the extent additional legislative authority is enacted providing for paying claims in a compensation plan submitted under subsection (d) of this section, the Secretary of Transportation shall provide for the payment by the United

States Government of a successful claim (including reasonable

litigation or settlement expenses) of a third party against a licensee

or transferee under this chapter, a contractor, subcontractor, or

customer of the licensee or transferee, or a contractor or subcontractor of a customer, resulting from an activity carried out under

the license issued or transferred under this chapter for death,

bodily injury, or property damage or loss resulting from an activity

carried out under the license. However, claims may be paid under

this section only to the extent the total amount of successful claims

related to one launch—

(A) is more than the amount of insurance or demonstration

of financial responsibility required under section 70112(a)(1)(A)

of this title; and

(B) is not more than $1,500,000,000 (plus additional

amounts necessary to reflect inflation occurring after January

1, 1989) above that insurance or financial responsibility

amount.
H. R. 1758—595

(2) The Secretary may not provide for paying a part of a

claim for which death, bodily injury, or property damage or loss

results from willful misconduct by the licensee or transferee. To

the extent insurance required under section 70112(a)(1)(A) of this

title is not available to cover a successful third party liability

claim because of an insurance policy exclusion the Secretary decides

is usual for the type of insurance involved, the Secretary may

provide for paying the excluded claims without regard to the limitation contained in section 70112(a)(1).

(b) NOTICE, PARTICIPATION, AND APPROVAL.—Before a payment

under subsection (a) of this section is made—

(1) notice must be given to the Government of a claim,

or a civil action related to the claim, against a party described

in subsection (a)(1) of this section for death, bodily injury,

or property damage or loss;

(2) the Government must be given an opportunity to participate or assist in the defense of the claim or action; and

(3) the Secretary must approve any part of a settlement

to be paid out of appropriations of the Government.

(c) WITHHOLDING PAYMENTS.—The Secretary may withhold a

payment under subsection (a) of this section if the Secretary certifies

that the amount is not reasonable. However, the Secretary shall

deem to be reasonable the amount of a claim finally decided by

a court of competent jurisdiction.

(d) SURVEYS, REPORTS, AND COMPENSATION PLANS.—(1) If as

a result of an activity carried out under a license issued or transferred under this chapter the total of claims related to one launch

is likely to be more than the amount of required insurance or

demonstration of financial responsibility, the Secretary shall— (A) survey the causes and extent of damage; and

(B) submit expeditiously to Congress a report on the results

of the survey.

(2) Not later than 90 days after a court determination indicates

that the liability for the total of claims related to one launch

may be more than the required amount of insurance or demonstration of financial responsibility, the President, on the recommendation of the Secretary, shall submit to Congress a compensation

plan that—

(A) outlines the total dollar value of the claims;

(B) recommends sources of amounts to pay for the claims;

(C) includes legislative language required to carry out the

plan if additional legislative authority is required; and (D) for a single event or incident, may not be for more

than $1,500,000,000.

(3) A compensation plan submitted to Congress under paragraph (2) of this subsection shall—

(A) have an identification number; and

(B) be submitted to the Senate and the House of Representatives on the same day and when the Senate and House are

in session.

(e) CONGRESSIONAL RESOLUTIONS.—(1) In this subsection, ‘‘resolution’’—

(A) means a joint resolution of Congress the matter after

the resolving clause of which is as follows: ‘‘That the Congress

approves the compensation plan numbered lllll submitted to the Congress on lllll ll, 19ll.’’, with the

blank spaces being filled appropriately; but
H. R. 1758—596

(B) does not include a resolution that includes more than

one compensation plan.

(2) The Senate shall consider under this subsection a compensation plan requiring additional appropriations or legislative authority

not later than 60 calendar days of continuous session of Congress

after the date on which the plan is submitted to Congress.

(3) A resolution introduced in the Senate shall be referred

immediately to a committee by the President of the Senate. All

resolutions related to the same plan shall be referred to the same

committee.

(4)(A) If the committee of the Senate to which a resolution

has been referred does not report the resolution within 20 calendar

days after it is referred, a motion is in order to discharge the

committee from further consideration of the resolution or to discharge the committee from further consideration of the plan.

(B) A motion to discharge may be made only by an individual

favoring the resolution and is highly privileged (except that the

motion may not be made after the committee has reported a resolution on the plan). Debate on the motion is limited to one hour,

to be divided equally between those favoring and those opposing

the resolution. An amendment to the motion is not in order. A

motion to reconsider the vote by which the motion is agreed to

or disagreed to is not in order.

(C) If the motion to discharge is agreed to or disagreed to,

the motion may not be renewed and another motion to discharge

the committee from another resolution on the same plan may not

be made.

(5)(A) After a committee of the Senate reports, or is discharged

from further consideration of, a resolution, a motion to proceed

to the consideration of the resolution is in order at any time,

even though a similar previous motion has been disagreed to. The

motion is highly privileged and is not debatable. An amendment

to the motion is not in order. A motion to reconsider the vote

by which the motion is agreed to or disagreed to is not in order. (B) Debate on the resolution referred to in subparagraph (A)

of this paragraph is limited to not more than 10 hours, to be

divided equally between those favoring and those opposing the

resolution. A motion further to limit debate is not debatable. An

amendment to, or motion to recommit, the resolution is not in

order. A motion to reconsider the vote by which the resolution

is agreed to or disagreed to is not in order. (6) The following shall be decided in the Senate without debate: (A) a motion to postpone related to the discharge from

committee.

(B) a motion to postpone consideration of a resolution.

(C) a motion to proceed to the consideration of other business.

(D) an appeal from a decision of the chair related to the

application of the rules of the Senate to the procedures related

to resolution.

(f) APPLICATION.—This section applies to a license issued or

transferred under this chapter for which the Secretary receives

a complete and valid application not later than December 31, 1999.

§ 70114. Disclosing information

The Secretary of Transportation, an officer or employee of the

United States Government, or a person making a contract with
H. R. 1758—597

the Secretary under section 70106(b) of this title may disclose

information under this chapter that qualifies for an exemption

under section 552(b)(4) of title 5 or is designated as confidential

by the person or head of the executive agency providing the information only if the Secretary decides withholding the information is

contrary to the public or national interest.

§ 70115. Enforcement and penalty

(a) PROHIBITIONS.—A person may not violate this chapter, a

regulation prescribed under this chapter, or any term of a license

issued or transferred under this chapter.

(b) GENERAL AUTHORITY.—(1) In carrying out this chapter, the

Secretary of Transportation may—

(A) conduct investigations and inquiries;

(B) administer oaths;

(C) take affidavits; and

(D) under lawful process—

(i) enter at a reasonable time a launch site, production

facility, assembly site of a launch vehicle, or site at which

a payload is integrated with a launch vehicle to inspect

an object to which this chapter applies or a record or

report the Secretary requires be made or kept under this

chapter; and

(ii) seize the object, record, or report when there is

probable cause to believe the object, record, or report was

used, is being used, or likely will be used in violation

of this chapter.

(2) The Secretary may delegate a duty or power under this

chapter related to enforcement to an officer or employee of another

executive agency with the consent of the head of the agency. (c) CIVIL PENALTY.—(1) After notice and an opportunity for

a hearing on the record, a person the Secretary finds to have

violated subsection (a) of this section is liable to the United States

Government for a civil penalty of not more than $100,000. A separate violation occurs for each day the violation continues. (2) In conducting a hearing under paragraph (1) of this subsection, the Secretary may— (A) subpena witnesses and records; and

(B) enforce a subpena in an appropriate district court of

the United States.

(3) The Secretary shall impose the civil penalty by written

notice. The Secretary may compromise or remit a penalty imposed,

or that may be imposed, under this section. (4) The Secretary shall recover a civil penalty not paid after

the penalty is final or after a court enters a final judgment for

the Secretary.

§ 70116. Consultation

(a) MATTERS AFFECTING NATIONAL SECURITY.—The Secretary

of Transportation shall consult with the Secretary of Defense on

a matter under this chapter affecting national security. The Secretary of Defense shall identify and notify the Secretary of Transportation of a national security interest relevant to an activity under

this chapter.

(b) MATTERS AFFECTING FOREIGN POLICY.—The Secretary of

Transportation shall consult with the Secretary of State on a matter

under this chapter affecting foreign policy. The Secretary of State
H. R. 1758—598

shall identify and notify the Secretary of Transportation of a foreign

policy interest or obligation relevant to an activity under this

chapter.

(c) OTHER MATTERS.—In carrying out this chapter, the Secretary of Transportation shall consult with the head of another

executive agency—

(1) to provide consistent application of licensing requirements under this chapter;

(2) to ensure fair treatment for all license applicants; and

(3) when appropriate.

§ 70117. Relationship to other executive agencies, laws, and

international obligations

(a) EXECUTIVE AGENCIES.—Except as provided in this chapter,

a person is not required to obtain from an executive agency a

license, approval, waiver, or exemption to launch a launch vehicle

or operate a launch site.

(b) FEDERAL COMMUNICATIONS COMMISSION AND SECRETARY OF

COMMERCE.—This chapter does not affect the authority of—

(1) the Federal Communications Commission under the

Communications Act of 1934 (47 U.S.C. 151 et seq.); or

(2) the Secretary of Commerce under the Land RemoteSensing Commercialization Act of 1984 (15 U.S.C. 4201 et

seq.).

(c) STATES AND POLITICAL SUBDIVISIONS.—A State or political

subdivision of a State—

(1) may not adopt or have in effect a law, regulation,

standard, or order inconsistent with this chapter; but

(2) may adopt or have in effect a law, regulation, standard,

or order consistent with this chapter that is in addition to

or more stringent than a requirement of, or regulation prescribed under, this chapter.

(d) CONSULTATION.—The Secretary of Transportation is encouraged to consult with a State to simplify and expedite the approval

of a space launch activity. (e) FOREIGN COUNTRIES.—The Secretary of Transportation

shall—

(1) carry out this chapter consistent with an obligation

the United States Government assumes in a treaty, convention,

or agreement in force between the Government and the government of a foreign country; and (2) consider applicable laws and requirements of a foreign

country when carrying out this chapter.

(f) LAUNCH NOT AN EXPORT.—A launch vehicle or payload that

is launched is not, because of the launch, an export for purposes

of a law controlling exports.

(g) NONAPPLICATION.—This chapter does not apply to—

(1) a launch, operation of a launch vehicle or launch site,

or other space activity the Government carries out for the

Government; or

(2) planning or policies related to the launch, operation,

or activity.

§ 70118. User fees

The Secretary of Transportation may collect a user fee for

a regulatory or other service conducted under this chapter only

if specifically authorized by this chapter.
H. R. 1758—599

§ 70119. Authorization of appropriations

The following amounts may be appropriated to the Secretary

of Transportation for the fiscal year ending September 30, 1993:

(1) $4,900,000 to carry out this chapter.

(2) $20,000,000 for a program to ensure the resiliency of

the space launch infrastructure of the United States if a law

is enacted to establish that program in the Department of

Transportation.

CHAPTER 703—SPACE TRANSPORTATION

INFRASTRUCTURE MATCHING GRANTS

Sec.

70301. Definitions.

70302. Grant authority.

70303. Grant applications.

70304. Environmental requirements.

70305. Authorization of appropriations.

§ 70301. Definitions

In this chapter—

(1) the definitions in section 502 of the National Aeronautics and Space Administration Authorization Act, Fiscal

Year 1993 (15 U.S.C. 5802) apply.

(2) ‘‘commercial space transportation infrastructure development’’ includes—

(A) construction, improvement, design, and engineering

of space transportation infrastructure in the United States;

and

(B) technical studies to define how new or enhanced

space transportation infrastructure can best meet the needs

of the United States commercial space transportation

industry.

(3) ‘‘project’’ means a project (or separate projects submitted

together) to carry out commercial space transportation infrastructure development, including the combined submission of

all projects to be undertaken at a particular site in a fiscal

year.

(4) ‘‘project grant’’ means a grant of an amount by the

Secretary of Transportation to a sponsor for one or more

projects.

(5) ‘‘public agency’’ means a State or an agency of a State,

a political subdivision of a State, or a tax-supported organization.

(6) ‘‘sponsor’’ means a public agency that, individually or

jointly with one or more other public agencies, submits to

the Secretary under this chapter an application for a project

grant.

§ 70302. Grant authority

(a) GENERAL AUTHORITY.—To ensure the resiliency of the space

transportation infrastructure of the United States, the Secretary

of Transportation may make project grants to sponsors as provided

in this chapter.

(b) LIMITATIONS.—The Secretary may make a project grant

under this chapter only if—

(1) at least 10 percent of the total cost of the project

will be paid by the private sector; and
H. R. 1758—600

(2) the grant will not be for more than 50 percent of

the total cost of the project.

§ 70303. Grant applications

(a) GENERAL.—A sponsor may submit to the Secretary of

Transportation an application for a project grant. The application

must state the project to be undertaken and be in the form and

contain the information the Secretary requires.

(b) CONSIDERATIONS AND CONSULTATION.—(1) In selecting proposed projects for grants under this section, the Secretary of

Transportation shall consider—

(A) the contribution of the project to industry capabilities

that serve the United States Government’s space transportation

needs;

(B) the extent of industry’s financial contribution to the

project;

(C) the extent of industry’s participation in the project;

(D) the positive impact of the project on the international

competitiveness of the United States space transportation

industry;

(E) the extent of State contributions to the project; and

(F) the impact of the project on launch operations and

other activities at Government launch ranges.

(2) The Secretary of Transportation shall consult with the Secretary of Defense, the Administrator of the National Space and

Aeronautics Administration, and the heads of other appropriate

agencies of the Government about paragraph (1)(A) and (F) of

this subsection.

(c) REQUIREMENTS.—The Secretary of Transportation may

approve an application only if the Secretary is satisfied that— (1) the project will contribute to the purposes of this chapter;

(2) the project is reasonably consistent with plans (existing at the time of approval of the project) of public agencies that

are—

(A) authorized by the State in which the project is

located; and

(B) responsible for the development of the area

surrounding the project site;

(3) if the application proposes to use Government property,

the specific consent of the head of the appropriate agency

has been obtained;

(4) the project will be completed without unreasonable

delay; (5) the sponsor submitting the application has the legal

authority to engage in the project; and

(6) any additional requirements prescribed by the Secretary

have been met.

(d) PREFERENCE FOR INDUSTRY CONTRIBUTIONS.—The Secretary

of Transportation shall give preference to applications for projects

for which there will be greater industry financial contributions,

all other factors being equal.

§ 70304. Environmental requirements

(a) POLICY.—It is the policy of the United States that projects

selected under this chapter shall provide for the protection and

enhancement of the natural resources and the quality of the
H. R. 1758—601

environment of the United States. In carrying out this policy, the

Secretary of Transportation shall consult with the Secretary of

the Interior and the Administrator of the Environmental Protection

Agency about a project that may have a significant effect on natural

resources, including fish and wildlife, natural, scenic, and recreational assets, water and air quality, and other factors affecting

the environment. If the Secretary of Transportation finds that a

project will have a significant adverse effect, the Secretary may

approve the application for the project only if, after a complete

review that is a matter of public record, the Secretary makes

a written finding that no feasible and prudent alternative to the

project exists and that all reasonable steps have been taken to

minimize the adverse effect.

(b) PUBLIC HEARING REQUIREMENT.—The Secretary of

Transportation may approve an application only if the sponsor

of the project certifies to the Secretary that an opportunity for

a public hearing has been provided to consider the economic, social,

and environmental effects of the project and its consistency with

the goals of any planning carried out by the community. When

a hearing is held under this paragraph, the sponsor shall submit

a copy of the transcript of the hearing to the Secretary.

(c) COMPLIANCE WITH AIR AND WATER QUALITY STANDARDS.—

(1) The Secretary of Transportation may approve an application

only if the chief executive officer of the State in which the project

is located certifies in writing to the Secretary that there is reasonable assurance that the project will be located, designed, constructed, and operated to comply with applicable air and water

quality standards. If the Administrator has not prescribed those

standards, certification shall be obtained from the Administrator.

Notice of certification or refusal to certify shall be provided not

later than 60 days after the Secretary receives the application.

(2) The Secretary of Transportation shall condition the approval

of an application on compliance with applicable air and water

quality standards during construction and operation.

(d) COMPLIANCE WITH LAWS AND REGULATIONS.—The Secretary

of Transportation may require a certification from a sponsor that

the sponsor will comply with all applicable laws and regulations.

The Secretary may rescind at any time acceptance of a certification

from a sponsor under this subsection. This subsection does not

affect any responsibility of the Secretary under another law, including—

(1) section 303 of this title;

(2) title VI of the Civil Rights Act of 1964 (42 U.S.C.

2000d et seq.);

(3) title VIII of the Act of April 11, 1968 (42 U.S.C. 3601

et seq.);

(4) the National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.); and

(5) the Uniform Relocation Assistance and Real Property

Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).

§ 70305. Authorization of appropriations

Not more than $10,000,000 may be appropriated to the Secretary of Transportation to make grants under this chapter.

Amounts appropriated under this section remain available until

expended.
H. R. 1758—602

SUBTITLE X—MISCELLANEOUS

CHAPTER Sec.

801. BILLS OF LADING .................................................................................... 80101

803. CONTRABAND ........................................................................................... 80301

805. MISCELLANEOUS .................................................................................... 80501

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 under negotiable bills. 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.

§ 80101. Definitions

In this chapter—

(1) ‘‘consignee’’ means the person named in a bill of lading

as the person to whom the goods are to be delivered.

(2) ‘‘consignor’’ means the person named in a bill of lading

as the person from whom the goods have been received for

shipment.

(3) ‘‘goods’’ means merchandise or personal property that

has been, is being, or will be transported.

(4) ‘‘holder’’ means a person having possession of, and a

property right in, a bill of lading.

(5) ‘‘order’’ means an order by indorsement on a bill of

lading.

(6) ‘‘purchase’’ includes taking by mortgage or pledge.

(7) ‘‘State’’ means a State of the United States, the District

of Columbia, and a territory or possession of the United States.

§ 80102. Application

This chapter applies to a bill of lading when the bill is issued

by a common carrier for the transportation of goods—

(1) between a place in the District of Columbia and another

place in the District of Columbia;

(2) between a place in a territory or possession of the

United States and another place in the same territory or possession;

(3) between a place in a State and a place in another

State;

(4) between a place in a State and a place in the same

State through another State or a foreign country; or

(5) from a place in a State to a place in a foreign country.

§ 80103. Negotiable and nonnegotiable bills

(a) NEGOTIABLE BILLS.—(1) A bill of lading is negotiable if

the bill—

(A) states that the goods are to be delivered to the order

of a consignee; and
H. R. 1758—603

(B) does not contain on its face an agreement with the

shipper that the bill is not negotiable.

(2) Inserting in a negotiable bill of lading the name of a person

to be notified of the arrival of the goods—

(A) does not limit its negotiability; and

(B) is not notice to the purchaser of the goods of a right

the named person has to the goods.

(b) NONNEGOTIABLE BILLS.—(1) A bill of lading is nonnegotiable

if the bill states that the goods are to be delivered to a consignee.

The indorsement of a nonnegotiable bill does not—

(A) make the bill negotiable; or

(B) give the transferee any additional right.

(2) A common carrier issuing a nonnegotiable bill of lading

must put ‘‘nonnegotiable’’ or ‘‘not negotiable’’ on the bill. This paragraph does not apply to an informal memorandum or acknowledgment.

§ 80104. Form and requirements for negotiation

(a) GENERAL RULES.—(1) A negotiable bill of lading may be

negotiated by indorsement. An indorsement may be made in blank

or to a specified person. If the goods are deliverable to the order

of a specified person, then the bill must be indorsed by that person.

(2) A negotiable bill of lading may be negotiated by delivery

when the common carrier, under the terms of the bill, undertakes

to deliver the goods to the order of a specified person and that

person or a subsequent indorsee has indorsed the bill in blank.

(3) A negotiable bill of lading may be negotiated by a person

possessing the bill, regardless of the way in which the person

got possession, if— (A) a common carrier, under the terms of the bill, undertakes to deliver the goods to that person; or (B) when the bill is negotiated, it is in a form that allows

it to be negotiated by delivery.

(b) VALIDITY NOT AFFECTED.—The validity of a negotiation

of a bill of lading is not affected by the negotiation having been

a breach of duty by the person making the negotiation, or by

the owner of the bill having been deprived of possession by fraud,

accident, mistake, duress, loss, theft, or conversion, if the person

to whom the bill is negotiated, or a person to whom the bill is

subsequently negotiated, gives value for the bill in good faith and

without notice of the breach of duty, fraud, accident, mistake,

duress, loss, theft, or conversion.

(c) NEGOTIATION BY SELLER, MORTGAGOR, OR PLEDGOR TO PER- SON WITHOUT NOTICE.—When goods for which a negotiable bill

of lading has been issued are in a common carrier’s possession,

and the person to whom the bill has been issued retains possession

of the bill after selling, mortgaging, or pledging the goods or bill,

the subsequent negotiation of the bill by that person to another

person receiving the bill for value, in good faith, and without

notice of the prior sale, mortgage, or pledge has the same effect

as if the first purchaser of the goods or bill had expressly authorized

the subsequent negotiation.

§ 80105. Title and rights affected by negotiation

(a) TITLE.—When a negotiable bill of lading is negotiated—

(1) the person to whom it is negotiated acquires the title

to the goods that—
H. R. 1758—604

(A) the person negotiating the bill had the ability to

convey to a purchaser in good faith for value; and

(B) the consignor and consignee had the ability to

convey to such a purchaser; and

(2) the common carrier issuing the bill becomes obligated

directly to the person to whom the bill is negotiated to hold

possession of the goods under the terms of the bill the same

as if the carrier had issued the bill to that person.

(b) SUPERIORITY OF RIGHTS.—When a negotiable bill of lading

is negotiated to a person for value in good faith, that person’s

right to the goods for which the bill was issued is superior to

a seller’s lien or to a right to stop the transportation of the goods.

This subsection applies whether the negotiation is made before

or after the common carrier issuing the bill receives notice of

the seller’s claim. The carrier may deliver the goods to an unpaid

seller only if the bill first is surrendered for cancellation.

(c) MORTGAGEE AND LIEN HOLDER RIGHTS NOT AFFECTED.—

Except as provided in subsection (b) of this section, this chapter

does not limit a right of a mortgagee or lien holder having a

mortgage or lien on goods against a person that purchased for

value in good faith from the owner, and got possession of the

goods immediately before delivery to the common carrier.

§ 80106. Transfer without negotiation

(a) DELIVERY AND AGREEMENT.—The holder of a bill of lading

may transfer the bill without negotiating it by delivery and agreement to transfer title to the bill or to the goods represented by

it. Subject to the agreement, the person to whom the bill is transferred has title to the goods against the transferor.

(b) COMPELLING INDORSEMENT.—When a negotiable bill of lading is transferred for value by delivery without being negotiated

and indorsement of the transferor is essential for negotiation, the

transferee may compel the transferor to indorse the bill unless

a contrary intention appears. The negotiation is effective when

the indorsement is made.

(c) EFFECT OF NOTIFICATION.—(1) When a transferee notifies

the common carrier that a nonnegotiable bill of lading has been

transferred under subsection (a) of this section, the carrier is obligated directly to the transferee for any obligations the carrier

owed to the transferor immediately before the notification. However,

before the carrier is notified, the transferee’s title to the goods

and right to acquire the obligations of the carrier may be defeated

by—

(A) garnishment, attachment, or execution on the goods

by a creditor of the transferor; or

(B) notice to the carrier by the transferor or a purchaser

from the transferor of a later purchase of the goods from

the transferor.

(2) A common carrier has been notified under this subsection

only if—

(A) an officer or agent of the carrier, whose actual or

apparent authority includes acting on the notification, has been

notified; and

(B) the officer or agent has had time, exercising reasonable

diligence, to communicate with the agent having possession

or control of the goods.
H. R. 1758—605

§ 80107. Warranties and liability

(a) GENERAL RULE.—Unless a contrary intention appears, a person negotiating or transferring a bill of lading for value warrants

that—

(1) the bill is genuine;

(2) the person has the right to transfer the bill and the title to the goods described in the bill; (3) the person does not know of a fact that would affect

the validity or worth of the bill; and (4) the goods are merchantable or fit for a particular pur- pose when merchantability or fitness would have been implied

if the agreement of the parties had been to transfer the goods

without a bill of lading.

(b) SECURITY FOR DEBT.—A person holding a bill of lading as security for a debt and in good faith demanding or receiving

payment of the debt from another person does not warrant by

the demand or receipt—

(1) the genuineness of the bill; or

(2) the quantity or quality of the goods described in the

bill.

(c) DUPLICATES.—A common carrier issuing a bill of lading,

on the face of which is the word ‘‘duplicate’’ or another word

indicating that the bill is not an original bill, is liable the same

as a person that represents and warrants that the bill is an accurate

copy of an original bill properly issued. The carrier is not otherwise

liable under the bill.

(d) INDORSER LIABILITY.—Indorsement of a bill of lading does

not make the indorser liable for failure of the common carrier

or a previous indorser to fulfill its obligations.

§ 80108. Alterations and additions

An alteration or addition to a bill of lading after its issuance

by a common carrier, without authorization from the carrier in

writing or noted on the bill, is void. However, the original terms

of the bill are enforceable.

§ 80109. Liens under negotiable bills

A common carrier issuing a negotiable bill of lading has a

lien on the goods covered by the bill for—

(1) charges for storage, transportation, and delivery (including demurrage and terminal charges), and expenses necessary

to preserve the goods or incidental to transporting the goods

after the date of the bill; and

(2) other charges for which the bill expressly specifies a

lien is claimed to the extent the charges are allowed by law

and the agreement between the consignor and carrier.

§ 80110. Duty to deliver goods

(a) GENERAL RULES.—Except to the extent a common carrier

establishes an excuse provided by law, the carrier must deliver

goods covered by a bill of lading on demand of the consignee

named in a nonnegotiable bill or the holder of a negotiable bill

for the goods when the consignee or holder—

(1) offers in good faith to satisfy the lien of the carrier

on the goods;

(2) has possession of the bill and, if a negotiable bill,

offers to indorse and give the bill to the carrier; and
H. R. 1758—606

(3) agrees to sign, on delivery of the goods, a receipt for

delivery if requested by the carrier.

(b) PERSONS TO WHOM GOODS MAY BE DELIVERED.—Subject

to section 80111 of this title, a common carrier may deliver the

goods covered by a bill of lading to—

(1) a person entitled to their possession;

(2) the consignee named in a nonnegotiable bill; or

(3) a person in possession of a negotiable bill if—

(A) the goods are deliverable to the order of that person; or

(B) the bill has been indorsed to that person or in

blank by the consignee or another indorsee.

(c) COMMON CARRIER CLAIMS OF TITLE AND POSSESSION.—A

claim by a common carrier that the carrier has title to goods

or right to their possession is an excuse for nondelivery of the

goods only if the title or right is derived from—

(1) a transfer made by the consignor or consignee after

the shipment; or

(2) the carrier’s lien.

(d) ADVERSE CLAIMS.—If a person other than the consignee

or the person in possession of a bill of lading claims title to or

possession of goods and the common carrier knows of the claim,

the carrier is not required to deliver the goods to any claimant

until the carrier has had a reasonable time to decide the validity

of the adverse claim or to bring a civil action to require all claimants

to interplead.

(e) INTERPLEADER.—If at least 2 persons claim title to or possession of the goods, the common carrier may—

(1) bring a civil action to interplead all known claimants

to the goods; or

(2) require those claimants to interplead as a defense in

an action brought against the carrier for nondelivery.

(f) THIRD PERSON CLAIMS NOT A DEFENSE.—Except as provided

in subsections (b), (d), and (e) of this section, title or a right

of a third person is not a defense to an action brought by the

consignee of a nonnegotiable bill of lading or by the holder of

a negotiable bill against the common carrier for failure to deliver

the goods on demand unless enforced by legal process.

§ 80111. Liability for delivery of goods

(a) GENERAL RULES.—A common carrier is liable for damages

to a person having title to, or right to possession of, goods when—

(1) the carrier delivers the goods to a person not entitled

to their possession unless the delivery is authorized under

section 80110(b)(2) or (3) of this title;

(2) the carrier makes a delivery under section 80110(b)(2)

or (3) of this title after being requested by or for a person

having title to, or right to possession of, the goods not to

make the delivery; or

(3) at the time of delivery under section 80110(b)(2) or

(3) of this title, the carrier has information it is delivering

the goods to a person not entitled to their possession.

(b) EFFECTIVENESS OF REQUEST OR INFORMATION.—A request

or information is effective under subsection (a)(2) or (3) of this

section only if—
H. R. 1758—607

(1) an officer or agent of the carrier, whose actual or

apparent authority includes acting on the request or information, has been given the request or information; and

(2) the officer or agent has had time, exercising reasonable

diligence, to stop delivery of the goods.

(c) FAILURE TO TAKE AND CANCEL BILLS.—Except as provided

in subsection (d) of this section, if a common carrier delivers goods

for which a negotiable bill of lading has been issued without taking

and canceling the bill, the carrier is liable for damages for failure

to deliver the goods to a person purchasing the bill for value

in good faith whether the purchase was before or after delivery

and even when delivery was made to the person entitled to the

goods. The carrier also is liable under this paragraph if part of

the goods are delivered without taking and canceling the bill or

plainly noting on the bill that a partial delivery was made and

generally describing the goods or the remaining goods kept by

the carrier.

(d) EXCEPTIONS TO LIABILITY.—A common carrier is not liable

for failure to deliver goods to the consignee or owner of the goods

or a holder of the bill if—

(1) a delivery described in subsection (c) of this section

was compelled by legal process;

(2) the goods have been sold lawfully to satisfy the carrier’s

lien;

(3) the goods have not been claimed; or

(4) the goods are perishable or hazardous.

§ 80112. Liability under negotiable bills issued in parts, sets,

or duplicates

(a) PARTS AND SETS.—A negotiable bill of lading issued in

a State for the transportation of goods to a place in the 48 contiguous States or the District of Columbia may not be issued in

parts or sets. A common carrier issuing a bill in violation of this

subsection is liable for damages for failure to deliver the goods

to a purchaser of one part for value in good faith even though

the purchase occurred after the carrier delivered the goods to a

holder of one of the other parts.

(b) DUPLICATES.—When at least 2 negotiable bills of lading

are issued in a State for the same goods to be transported to

a place in the 48 contiguous States or the District of Columbia,

the word ‘‘duplicate’’ or another word indicating that the bill is

not an original must be put plainly on the face of each bill except

the original. A common carrier violating this subsection is liable

for damages caused by the violation to a purchaser of the bill

for value in good faith as an original bill even though the purchase

occurred after the carrier delivered the goods to the holder of

the original bill.

§ 80113. Liability for nonreceipt, misdescription, and

improper loading

(a) LIABILITY FOR NONRECEIPT AND MISDESCRIPTION.—Except

as provided in this section, a common carrier issuing a bill of

lading is liable for damages caused by nonreceipt by the carrier

of any part of the goods by the date shown in the bill or by

failure of the goods to correspond with the description contained

in the bill. The carrier is liable to the owner of goods transported

under a nonnegotiable bill (subject to the right of stoppage in
H. R. 1758—608

transit) or to the holder of a negotiable bill if the owner or holder

gave value in good faith relying on the description of the goods

in the bill or on the shipment being made on the date shown

in the bill.

(b) NONLIABILITY OF CARRIERS.—A common carrier issuing a

bill of lading is not liable under subsection (a) of this section—

(1) when the goods are loaded by the shipper;

(2) when the bill—

(A) describes the goods in terms of marks or labels,

or in a statement about kind, quantity, or condition; or

(B) is qualified by ‘‘contents or condition of contents

of packages unknown’’, ‘‘said to contain’’, ‘‘shipper’s weight,

load, and count’’, or words of the same meaning; and

(3) to the extent the carrier does not know whether any

part of the goods were received or conform to the description.

(c) LIABILITY FOR IMPROPER LOADING.—A common carrier issuing a bill of lading is not liable for damages caused by improper

loading if—

(1) the shipper loads the goods; and

(2) the bill contains the words ‘‘shipper’s weight, load,

and count’’, or words of the same meaning indicating the shipper loaded the goods.

(d) CARRIER’S DUTY TO DETERMINE KIND, QUANTITY, AND NUMBER.—(1) When bulk freight is loaded by a shipper that makes

available to the common carrier adequate facilities for weighing

the freight, the carrier must determine the kind and quantity

of the freight within a reasonable time after receiving the written

request of the shipper to make the determination. In that situation,

inserting the words ‘‘shipper’s weight’’ or words of the same meaning

in the bill of lading has no effect.

(2) When goods are loaded by a common carrier, the carrier

must count the packages of goods, if package freight, and determine

the kind and quantity, if bulk freight. In that situation, inserting

in the bill of lading or in a notice, receipt, contract, rule, or tariff,

the words ‘‘shipper’s weight, load, and count’’ or words indicating

that the shipper described and loaded the goods, has no effect

except for freight concealed by packages.

§ 80114. Lost, stolen, and destroyed negotiable bills

(a) DELIVERY ON COURT ORDER AND SURETY BOND.—If a negotiable bill of lading is lost, stolen, or destroyed, a court of competent

jurisdiction may order the common carrier to deliver the goods

if the person claiming the goods gives a surety bond, in an amount

approved by the court, to indemnify the carrier or a person injured

by delivery against liability under the outstanding original bill.

The court also may order payment of reasonable costs and attorney’s

fees to the carrier. A voluntary surety bond, without court order,

is binding on the parties to the bond.

(b) LIABILITY TO HOLDER.—Delivery of goods under a court

order under subsection (a) of this section does not relieve a common

carrier from liability to a person to whom the negotiable bill has

been or is negotiated for value without notice of the court proceeding

or of the delivery of the goods.
H. R. 1758—609

§ 80115. Limitation on use of judicial process to obtain possession of goods from common carriers

(a) ATTACHMENT AND LEVY.—Except when a negotiable bill of lading was issued originally on delivery of goods by a person

that did not have the power to dispose of the goods, goods in

the possession of a common carrier for which a negotiable bill

has been issued may be attached through judicial process or levied

on in execution of a judgment only if the bill is surrendered to

the carrier or its negotiation is enjoined. (b) DELIVERY.—A common carrier may be compelled by judicial process to deliver goods under subsection (a) of this section only

when the bill is surrendered to the carrier or impounded by the

court.

§ 80116. Criminal penalty

A person shall be fined under title 18, imprisoned for not

more than 5 years, or both, if the person—

(1) violates this chapter with intent to defraud; or

(2) knowingly or with intent to defraud—

(A) falsely makes, alters, or copies a bill of lading

subject to this chapter;

(B) utters, publishes, or issues a falsely made, altered,

or copied bill subject to this chapter; or

(C) negotiates or transfers for value a bill containing

a false statement.

CHAPTER 803—CONTRABAND

Sec.

80301. Definitions.

80302. Prohibitions.

80303. Seizure and forfeiture.

80304. Administrative.

80305. Availability of certain appropriations. 80306. Relationship to other laws.

§ 80301. Definitions

In this chapter—

(1) ‘‘aircraft’’ means a contrivance used, or capable of being

used, for transportation in the air.

(2) ‘‘vehicle’’ means a contrivance used, or capable of being

used, for transportation on, below, or above land, but does

not include aircraft.

(3) ‘‘vessel’’ means a contrivance used, or capable of being

used, for transportation in water, but does not include aircraft.

§ 80302. Prohibitions

(a) DEFINITION.—In this section, ‘‘contraband’’ means—

(1) a narcotic drug (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970

(21 U.S.C. 802)), including marihuana (as defined in section

102 of that Act (21 U.S.C. 802)), that—

(A) is possessed with intent to sell or offer for sale

in violation of the laws and regulations of the United

States;

(B) is acquired, possessed, sold, transferred, or offered

for sale in violation of those laws;

(C) is acquired by theft, robbery, or burglary and transported—
H. R. 1758—610

(i) in the District of Columbia or a territory or

possession of the United States; or

(ii) from a place in a State, the District of Columbia, or a territory or possession of the United States,

to a place in another State, the District of Columbia,

or a territory or possession; or

(D) does not bear tax-paid internal revenue stamps

required by those laws or regulations;

(2) a firearm involved in a violation of chapter 53 of the

Internal Revenue Code of 1986 (26 U.S.C. 5801 et seq.);

(3) a forged, altered, or counterfeit—

(A) coin or an obligation or other security of the United

States Government (as defined in section 8 of title 18);

or

(B) coin, obligation, or other security of the government

of a foreign country;

(4) material or equipment used, or intended to be used,

in making a coin, obligation, or other security referred to in

clause (3) of this subsection; or

(5) a cigarette involved in a violation of chapter 114 of

title 18 or a regulation prescribed under chapter 114.

(b) PROHIBITIONS.—A person may not—

(1) transport contraband in an aircraft, vehicle, or vessel;

(2) conceal or possess contraband on an aircraft, vehicle,

or vessel; or

(3) use an aircraft, vehicle, or vessel to facilitate the

transportation, concealment, receipt, possession, purchase, sale,

exchange, or giving away of contraband.

§ 80303. Seizure and forfeiture

The Secretary of the Treasury or the Governor of Guam or

of the Northern Mariana Islands as provided in section 80304

of this title, or a person authorized by another law to enforce

section 80302 of this title, shall seize an aircraft, vehicle, or vessel

involved in a violation of section 80302 and place it in the custody

of a person designated by the Secretary or appropriate Governor,

as the case may be. The seized aircraft, vehicle, or vessel shall

be forfeited, except when the owner establishes that a person except

the owner committed the violation when the aircraft, vehicle, or

vessel was in the possession of a person who got possession by

violating a criminal law of the United States or a State. However,

an aircraft, vehicle, or vessel used by a common carrier to provide

transportation for compensation may be forfeited only when— (1) the owner, conductor, driver, pilot, or other individual

in charge of the aircraft or vehicle (except a rail car or engine)

consents to, or knows of, the alleged violation when the violation

occurs;

(2) the owner of the rail car or engine consents to, or

knows of, the alleged violation when the violation occurs; or

(3) the master or owner of the vessel consents to, or knows

of, the alleged violation when the violation occurs.

§ 80304. Administrative

(a) GENERAL.—Except as provided in subsections (b) and (c)

of this section, the Secretary of the Treasury—

(1) may designate officers, employees, agents, or other persons to carry out this chapter; and
H. R. 1758—611

(2) shall prescribe regulations to carry out this chapter.

(b) IN GUAM.—The Governor of Guam—

(1) or officers of the government of Guam designated by

the Governor shall carry out this chapter in Guam;

(2) may carry out laws referred to in section 80306(b)

of this title with modifications the Governor decides are necessary to meet conditions in Guam; and

(3) may prescribe regulations to carry out this chapter

in Guam.

(c) IN NORTHERN MARIANA ISLANDS.—The Governor of the

Northern Mariana Islands—

(1) or officers of the government of the Northern Mariana

Islands designated by the Governor shall carry out this chapter

in the Northern Mariana Islands;

(2) may carry out laws referred to in section 80306(b)

of this title with modifications the Governor decides are necessary to meet conditions in the Northern Mariana Islands;

and

(3) may prescribe regulations to carry out this chapter

in the Northern Mariana Islands.

(d) CUSTOMS LAWS ON SEIZURE AND FORFEITURE.—The Secretary, or the Governor of Guam or of the Northern Mariana Islands

as provided in subsections (b) and (c) of this section, shall carry

out the customs laws on the seizure and forfeiture of aircraft,

vehicles, and vessels under this chapter.

§ 80305. Availability of certain appropriations

Appropriations for enforcing customs, narcotics, counterfeiting,

or internal revenue laws are available to carry out this chapter.

§ 80306. Relationship to other laws

(a) CHAPTER AS ADDITIONAL LAW.—This chapter is in addition

to another law—

(1) imposing, or authorizing the compromise of, fines, penalties, or forfeitures; or

(2) providing for seizure, condemnation, or disposition of

forfeited property, or the proceeds from the property.

(b) LAWS APPLICABLE TO SEIZURES AND FORFEITURES.—To the

extent applicable and consistent with this chapter, the following

apply to a seizure or forfeiture under this chapter: (1) provisions of law related to the seizure, forfeiture, and

condemnation of vehicles and vessels violating the customs

laws.

(2) provisions of law related to the disposition of those

vehicles or vessels or the proceeds from the sale of those

vehicles or vessels.

(3) provisions of law related to the compromise of those

forfeitures or claims related to those forfeitures.

(4) provisions of law related to the award of compensation

to an informer about those forfeitures.

CHAPTER 805—MISCELLANEOUS

Sec.

80501. Damage to transported property.

80502. Transportation of animals.

80503. Payments for inspection and quarantine services.

80504. Medals of honor.
H. R. 1758—612

§ 80501. Damage to transported property

(a) CRIMINAL PENALTY.—A person willfully damaging, or attempting to damage, property in the possession of an air carrier,

motor carrier, or rail carrier and being transported in interstate

or foreign commerce, shall be fined under title 18, imprisoned

for not more than 10 years, or both. In a criminal proceeding

under this section, a shipping document for the property is prima

facie evidence of the places to which and from which the property

was being transported. (b) PROHIBITION AGAINST MULTIPLE PROSECUTIONS FOR SAME

ACT.—A person may not be prosecuted for an act under this section when the person has been convicted or acquitted on the merits

for the same act under the laws of a State, the District of Columbia,

or a territory or possession of the United States.

§ 80502. Transportation of animals

(a) CONFINEMENT.—(1) Except as provided in this section, a rail carrier, express carrier, or common carrier (except by air or

water), a receiver, trustee, or lessee of one of those carriers, or

an owner or master of a vessel transporting animals from a place

in a State, the District of Columbia, or a territory or possession

of the United States through or to a place in another State, the

District of Columbia, or a territory or possession, may not confine

animals in a vehicle or vessel for more than 28 consecutive hours

without unloading the animals for feeding, water, and rest. (2) Sheep may be confined for an additional 8 consecutive hours without being unloaded when the 28-hour period of confinement ends at night. Animals may be confined for— (A) more than 28 hours when the animals cannot be

unloaded because of accidental or unavoidable causes that could

not have been anticipated or avoided when being careful; and (B) 36 consecutive hours when the owner or person having custody of animals being transported requests, in writing and

separate from a bill of lading or other rail form, that the

28-hour period be extended to 36 hours.

(3) Time spent in loading and unloading animals is not included

as part of a period of confinement under this subsection.

(b) UNLOADING, FEEDING, WATERING, AND REST.—Animals

being transported shall be unloaded in a humane way into pens

equipped for feeding, water, and rest for at least 5 consecutive

hours. The owner or person having custody of the animals shall

feed and water the animals. When the animals are not fed and

watered by the owner or person having custody, the rail carrier,

express carrier, or common carrier (except by air or water), the

receiver, trustee, or lessee of one of those carriers, or the owner

or master of a vessel transporting the animals—

(1) shall feed and water the animals at the reasonable

expense of the owner or person having custody, except that

the owner or shipper may provide food;

(2) has a lien on the animals for providing food, care,

and custody that may be collected at the destination in the

same way that a transportation charge is collected; and

(3) is not liable for detaining the animals for a reasonable

period to comply with subsection (a) of this section.

(c) NONAPPLICATION.—This section does not apply when animals

are transported in a vehicle or vessel in which the animals have

food, water, space, and an opportunity for rest.
H. R. 1758—613

(d) CIVIL PENALTY.—A rail carrier, express carrier, or common

carrier (except by air or water), a receiver, trustee, or lessee of

one of those carriers, or an owner or master of a vessel that

knowingly and willfully violates this section is liable to the United

States Government for a civil penalty of at least $100 but not

more than $500 for each violation. On learning of a violation,

the Attorney General shall bring a civil action to collect the penalty

in the district court of the United States for the judicial district

in which the violation occurred or the defendant resides or does

business.

§ 80503. Payments for inspection and quarantine services

(a) GENERAL.—(1) In this subsection—

(A) ‘‘private aircraft’’ means a civilian aircraft not being

used to transport passengers or property for compensation.

(B) ‘‘private vessel’’ means a civilian vessel not being used—

(i) to transport passengers or property for compensation; or

(ii) in fishing or fish processing operations.

(2) Notwithstanding section 451 of the Tariff Act of 1930 (19

U.S.C. 1451), the owner, operator, or agent of a private aircraft

or private vessel may pay not more than $25 for the services

of an officer or employee of the Department of Agriculture, the

Customs Service, the Immigration and Naturalization Service, or

the Public Health Service (including an independent contractor

performing an inspection service for the Public Health Service)

when the services are performed on a Sunday, holiday, or from

5 p.m. through 8 a.m. on a weekday, and are related to the aircraft’s

or vessel’s arrival in, or departure from, the United States. However,

the owner, operator, or agent does not have to pay for the services

from 5 p.m. through 8 a.m. on a weekday when an officer or

employee on regular duty is available at the place of arrival or

departure to perform services.

(3) The head of a department, agency, or instrumentality of

the United States Government providing services under paragraph

(2) of this subsection shall collect the amount paid for the services

and deposit the amount in the Treasury. The amount shall be

credited to the appropriation of the department, agency, or

instrumentality against which the expense of those services was

charged.

(b) LIMITATIONS ON REIMBURSEMENT.—(1) An owner or operator

of an aircraft is required to reimburse the head of a department,

agency, or instrumentality of the Government for the expenses

of performing an inspection or quarantine service related to the

aircraft at a place of inspection during regular service hours on

a Sunday or holiday only to the same extent that an owner or

operator makes reimbursement for the service during regular service hours on a weekday. The head of the department, agency,

or instrumentality may not assess an owner or operator of an

aircraft for administrative overhead expenses for inspection or quarantine service provided by the department, agency, or instrumentality at an entry airport.

(2) This subsection does not require reimbursement for costs

incurred by the Secretary of the Treasury in providing customs

services described in section 13031(e)(1) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(e)(1)).
H. R. 1758—614

§ 80504. Medals of honor

(a) MEDALS.—The President may prepare and give a bronze

medal of honor with emblematic devices to an individual who by

extreme daring endangers that individual’s life in trying to prevent,

or save the life of another in, a grave accident in the United

States involving a rail carrier providing transportation in interstate

commerce or involving a motor vehicle on the public streets, roads,

or highways. The President may give a medal only when sufficient

evidence that the individual deserves the medal has been filed

under regulations prescribed by the President.

(b) RIBBONS, KNOTS, AND ROSETTES.—The President may give

an individual who receives a medal a ribbon to be worn with

the medal and a knot or rosette to be worn in place of the medal.

The President shall prescribe the design for the ribbon, knot, and

rosette. If the ribbon is lost, destroyed, or made unfit for use

and the individual receiving the medal is not negligent, the President shall issue a new ribbon without charge to the individual.

(c) AVAILABILITY OF APPROPRIATIONS.—Appropriations made to

the Secretary of Transportation are available to carry out this

section.

PORTS OF ENTRY

SEC. 2. (a) The definitions in section 40102(a) of title 49, United

States Code, apply to this section.

(b)(1) The Secretary of the Treasury may—

(A) designate ports of entry in the United States for civil

aircraft arriving in the United States from a place outside

the United States and property transported on that aircraft;

(B) detail to ports of entry officers and employees of the

United States Customs Service the Secretary considers necessary;

(C) give an officer or employee of the United States Government stationed at a port of entry (with the consent of the

head of the department, agency, or instrumentality of the

Government with jurisdiction over the officer or employee)

duties and powers of officers or employees of the Customs

Service;

(D) by regulation, apply to civil air navigation the laws

and regulations on carrying out the customs laws, to the extent

and under conditions the Secretary considers necessary; and

(E) by regulation, apply to civil aircraft the laws and regulations on entry and clearance of vessels, to the extent and

under conditions the Secretary considers necessary.

(2) A person violating a customs regulation prescribed under

paragraph (1)(A)–(D) of this subsection or a public health or customs

law or regulation made applicable to aircraft by a regulation under

paragraph (1)(A)–(D) is liable to the Government for a civil penalty

of $5,000 for each violation. An aircraft involved in the violation

may be seized and forfeited under the customs laws. The Secretary

of the Treasury may remit or mitigate a penalty and forfeiture

under this paragraph. (3) A person violating a regulation made applicable under para- graph (1)(E) of this subsection or an immigration regulation prescribed under paragraph (1)(E) is liable to the Government for

a civil penalty of $5,000 for each violation. The Secretary of the
H. R. 1758—615

Treasury or the Attorney General may remit or mitigate a penalty

under this paragraph.

(4) In addition to any other penalty, when a controlled substance described in section 584 of the Tariff Act of 1930 (19 U.S.C.

1584) is found on, or to have been unloaded from, an aircraft

to which this subsection applies, the owner of, or individual

commanding, the aircraft is liable to the Government for the penalties provided in section 584 for each violation unless the owner

or individual, by a preponderance of the evidence, demonstrates

that the owner or individual did not know, and by exercising the

highest degree of care and diligence, could not have known, that

a controlled substance was on the aircraft.

(5) If a violation under this subsection is by the owner or

operator of, or individual commanding, the aircraft, the aircraft

is subject to a lien for the penalty.

(c)(1) The Secretary of Agriculture by regulation may apply

laws and regulations on animal and plant quarantine (including

laws and regulations on importing, exporting, transporting, and

quarantining animals, plants, animal and plant products, insects,

bacterial and fungus cultures, viruses, and serums) to civil air

navigation to the extent and under conditions the Secretary considers necessary.

(2) A person violating a law or regulation made applicable

under paragraph (1) of this subsection is liable for the penalties

provided under that law or regulation.

(d) A decision to remit or mitigate a civil penalty under this

section is final. When libel proceedings are pending during a

proceeding to remit or mitigate a penalty, the appropriate Secretary

shall notify the Attorney General of the remission or mitigation

proceeding. (e)(1) An aircraft subject to a lien under this section may

be seized summarily by and placed in the custody of a person

authorized by regulations of the appropriate Secretary or the Attorney General. A report of the case shall be sent to the Attorney

General. The Attorney General shall bring promptly a civil action

in rem to enforce the lien or notify the appropriate Secretary

that the action will not be brought. (2) An aircraft seized under this section shall be released from

custody when— (A) the civil penalty or amount not remitted or mitigated

is paid;

(B) the aircraft is seized under process of a court in a

civil action in rem to enforce the lien;

(C) the Attorney General gives notice that a civil action will not be brought under paragraph (1) of this subsection;

or

(D) a bond is deposited with the appropriate Secretary

or the Attorney General in an amount and with a surety

the appropriate Secretary or the Attorney General prescribes,

conditioned on payment of the penalty or amount not remitted

or mitigated.

(f) A civil penalty under this section may be collected by bringing a civil action against the person subject to the penalty, a

civil action in rem against an aircraft subject to a lien for a penalty,

or both. The action shall conform as nearly as practicable to a

civil action in admiralty, regardless of the place an aircraft in

a civil action in rem is seized. However, a party may demand
H. R. 1758—616

a trial by jury of an issue of fact if the value of the matter

in controversy is more than $20. An issue of fact tried by jury

may be reexamined only under common law rules.

(g) Necessary amounts may be appropriated to allow the head

of a department, agency, or instrumentality of the Government

to acquire space at a public airport (as defined in section 47102

of title 49) when the head decides the space is necessary to carry

out inspections, clearance, collection of taxes or duties, or a similar

responsibility of the head, related to transporting passengers or

property in air commerce. The head must consult with the Secretary

of Transportation before making a decision on space.

MASS TRANSPORTATION EXEMPTION

SEC. 3. Chapter 105 of title 49, United States Code, is amended

as follows:

(1) Insert immediately after section 10530 the following

new section:

‘‘§ 10531. Mass transportation exemption

‘‘(a) DEFINITIONS.—The definitions in section 5302(a) of this

title apply to this section. ‘‘(b) PETITION FOR GRANTING EXEMPTIONS.—A State or local

governmental authority may petition the Interstate Commerce

Commission for an exemption from the jurisdiction of the Commission under this subchapter for mass transportation the authority

provides or has provided to it by contract. Not later than 180

days after the Commission receives a petition and after notice

and a reasonable opportunity for a proceeding, the Commission

shall exempt the State, local governmental authority, or contractor

unless the Commission finds that—

‘‘(1) the public interest would not be served by an exemption;

‘‘(2) the exemption would result in an unreasonable burden

on interstate or foreign commerce; or

‘‘(3) a State or local governmental authority may not regulate the mass transportation to be exempt under this section.

‘‘(c) APPLICATION OF OTHER LAWS.—All applicable laws of the

United States related to safety and to representation of employees

for collective bargaining purposes, retirement, annuities, and

unemployment systems, and all other laws related to employee–

employer relations, apply to a State or local governmental authority

that was granted, or whose contractor was granted, an exemption

under this section.

‘‘(d) CHANGING AND REVOKING EXEMPTIONS.—The Commission

may change or revoke an exemption if it finds that new evidence,

material error, or changed circumstances exist that materially affect

the original order. The Commission may act on its own initiative

or on application of an interested party.’’.

(2) Insert immediately below item 10530 in the analysis

of the chapter the following new item:

‘‘10531. Mass transportation exemption.’’.

CONFORMING PROVISIONS

SEC. 4. (a) Section 401 of the Federal Election Campaign Act

of 1971 (2 U.S.C. 451) is amended by striking ‘‘Civil Aeronautics
H. R. 1758—617

Board’’ and ‘‘Board or Commission’’ and substituting ‘‘Secretary

of Transportation’’ and ‘‘Secretary under subpart II of part A of

subtitle VII of title 49, United States Code, or such Commission,’’,

respectively. (b) Title 5, United States Code, is amended as follows:

(1) In section 5109, add at the end of the section the

following new subsection:

‘‘(c)(1) The position held by a fully experienced and qualified railroad safety inspector of the Department of Transportation shall

be classified in accordance with this chapter, but not lower than

GS–12.

‘‘(2) The position held by a railroad safety specialist of the Department shall be classified in accordance with this chapter,

but not lower than GS–13.’’.

(2) In section 5315, strike—

‘‘Administrator of the St. Lawrence Seaway Development

Corporation.’’

and substitute—

‘‘Administrator of the Saint Lawrence Seaway Development

Corporation.’’. (3) In section 8172, strike ‘‘Secretary of the Treasury’’ and substitute ‘‘Secretary of Transportation’’.

(c) Section 511(e) of the Motor Vehicle Information and Cost

Savings Act (15 U.S.C. 2011(e)) is amended to read as follows: ‘‘(e) For purposes of this section— ‘‘(1) ‘retrofit device’ means any component, equipment, or other device—

‘‘(A) which is designed to be installed in or on an automobile (as an addition to, as a replacement for, or

through alteration or modification of, any original component, equipment, or other device); and ‘‘(B) which any manufacturer, dealer, or distributor of such device represents will provide higher fuel economy

than would have resulted with the automobile as originally

equipped,

as determined under rules of the Administrator. Such term

also includes a fuel additive for use in an automobile.

‘‘(2) the definitions in section 32901(a) of title 49, United

States Code, apply.’’.

(d) Section 6001(1) of title 18, United States Code, is amended

by striking ‘‘the Civil Aeronautics Board,’’. (e) Chapter 33 of title 28, United States Code, is amended

as follows:

(1) Insert immediately after section 537 the following new

section:

‘‘§ 538. Investigation of aircraft piracy and related violations

‘‘The Federal Bureau of Investigation shall investigate any

violation of section 46314 or chapter 465 of title 49.’’.

(2) In the analysis of chapter 33, insert immediately after

item 537 the following new item:

‘‘538. Investigation of aircraft piracy and related violations.’’.

(f)(1) Title 31, United States Code, is amended as follows:

(A) In section 309, strike ‘‘section 2A(a)’’ and substitute

‘‘section 3(a)’’.

(B) In section 503(b)(9), strike ‘‘perform’’ and substitute

‘‘Perform’’.
H. R. 1758—618

(C) In the analysis of chapter 7, immediately above item

781, strike—

‘‘Sec.’’.

(D) In section 782, strike ‘‘612a).’’ and substitute ‘‘612a)).’’.

(E) In section 1105(a), strike—

‘‘(26) a separate’’

and substitute—

‘‘(27) a separate’’.

(F) Section 1352 is amended as follows:

(i) Immediately below subsection (b)(7), strike—

‘‘(C)(1) Any’’

and substitute—

‘‘(c)(1) Any’’.

(ii) In subsection (e)(1)(C), strike ‘‘appropirated’’ and

‘‘law’’ and substitute ‘‘appropriated’’ and ‘‘law.’’, respectively.

(iii) In subsection (h)(7), strike ‘‘agency’’ and ‘‘guaranty’’

and substitute ‘‘agency.’’ and ‘‘guaranty.’’, respectively.

(G) The analysis of chapter 33 is amended by inserting

below item 3333 the following new item:

‘‘3334. Cancellation and proceeds distribution of Treasury checks.’’.

(H) In section 3302(c)(1), strike the comma at the end

and substitute a period.

(I) In section 3330(d)(1)(B), strike ‘‘Administrator’’ and substitute ‘‘Secretary of Veterans Affairs’’.

(J)(i) In section 3512(c)(1), strike ‘‘subsection (a)(3)’’ and

substitute ‘‘subsection (b)(3)’’.

(ii) In section 3512(d)(1) and (2), strike ‘‘subsection (b)’’

wherever it appears and substitute ‘‘subsection (c)’’.

(K) In section 3551(1), strike ‘‘an Federal’’ and substitute

‘‘a Federal’’.

(L) In section 3552, strike ‘‘section 111(h)’’ and ‘‘(40 U.S.C.

759(h))’’ and substitute ‘‘section 111(f)’’ and ‘‘(40 U.S.C. 759(f))’’,

respectively. (M) In section 3718(b)(3)(A), strike ‘‘15 U.S.C.

6376(d)(3)(C)(i)’’ and substitute ‘‘15 U.S.C. 637(d)(3)(C)(i)’’.

(N) In section 3726(d), strike ‘‘miscellaneous receipt’’ and

substitute ‘‘miscellaneous receipts’’.

(O) In section 3729(e), strike ‘‘1954’’ and substitute ‘‘1986’’.

(P) In section 3730(e)(2)(B), strike ‘‘section paragraphs (1)’’ and substitute ‘‘paragraphs (1)’’. (Q) In section 3801(a)(7)(B)(ii), strike ‘‘section 3803 of such

title’’ and substitute ‘‘section 3803 of this title’’.

(R) In section 5112(h), strike ‘‘title 31, United States Code’’

and substitute ‘‘this title’’.

(S) In section 6101(4)(B), strike ‘‘agency’’ and substitute

‘‘agency.’’.

(T) In the catchline of section 6202, strike ‘‘form’’ and

substitute ‘‘form,’’.

(U)(i) At the end of the analysis of chapter 69, add the

following new item:

‘‘6907. State legislation requiring reallocation or redistribution of payments to

smaller units of general purpose government.’’.

(ii) Section 6907 is amended by adding before subsection (a) the following:
H. R. 1758—619

‘‘§ 6907. State legislation requiring reallocation or redis- tribution of payments to smaller units of general

purpose government’’.

(V) In section 7102(3), strike ‘‘politicial’’ and substitute

‘‘political’’. (W) Section 7502 is amended as follows:

(i) In subsection (b)(2)(A), strike ‘‘the date of enactment

of this chapter’’ and substitute ‘‘October 19, 1984’’. (ii) In subsection (b)(2)(B), strike ‘‘such date’’ and substitute ‘‘October 19, 1984’’.

(iii) In subsection (d), strike paragraph (5) and redesig- nate paragraph (6) as paragraph (5). (iv) In subsection (g), strike ‘‘section 3512(b)’’ and sub- stitute ‘‘section 3512(c)’’.

(X) In section 7503(a), strike ‘‘To the extend’’ and substitute

‘‘To the extent’’.

(Y)(i) Subtitle V is amended by adding at the end of the subtitle the following new chapter:

‘‘CHAPTER 77—LOAN REQUIREMENTS

‘‘Sec.

‘‘7701. Taxpayer identifying number.

‘‘§ 7701. Taxpayer identifying number

‘‘(a) In this section—

‘‘(1) ‘included Federal loan program’ has the same meaning given that term in section 6103(l )(3)(C) of the Internal Revenue

Code of 1986 (26 U.S.C. 6103(l )(3)(C)).

‘‘(2) ‘taxpayer identifying number’ means the identifying number required under section 6109 of the Internal Revenue

Code of 1986 (26 U.S.C. 6109).

‘‘(b) The head of an agency administering an included Federal loan program shall require a person applying for a loan under

the program to provide that person’s taxpayer identifying number.’’. (ii) The analysis of subtitle V is amended by adding immediately after item 75 the following new item:

‘‘77. Loan Requirements .................................................................................... 7701’’.

(Z) In section 9101(2)(K), strike ‘‘The’’ and substitute ‘‘the’’.

(AA) In section 9110(e)(1), strike ‘‘subparagraph’’ and substitute ‘‘section’’.

(2) Effective December 22, 1987, section 407 of The Judiciary

Appropriation Act, 1988 (Public Law 100–202, 101 Stat. 1329–

26), is amended to read as follows:

‘‘Sec. 407. Section 1344 of title 31, United States Code, is

amended as follows:

‘‘(1) In subsection (b)—

‘‘(A) redesignate clauses (2)–(8) as clauses (3)–(9),

respectively;

‘‘(B) insert below clause (1) the following:

‘‘ ‘(2) the Chief Justice and the Associate Justices of

the Supreme Court;’;

‘‘(C) in clause (3)(B), as redesignated by clause (A)

of this paragraph, strike ‘subparagraph (A) of this paragraph’ and substitute ‘subclause (A) of this clause’; and

‘‘(D) in the last sentence, strike ‘paragraph (8)’ and

substitute ‘clause (9)’.
H. R. 1758—620

‘‘(2) In subsection (d)—

‘‘(A) in paragraphs (1) and (2), strike ‘paragraph (8)

of subsection (b)’ wherever it appears and substitute ‘subsection (b)(9) of this section’;

‘‘(B) in paragraph (3), strike ‘subsections (a)(2),

(b)(2)(B), and (b)(8)’ and ‘subsection (b)(8)’ and substitute

‘subsections (a)(2) and (b)(3)(B) and (9)’ and ‘subsection

(b)(9)’, respectively; and

‘‘(C) in paragraph (4), strike ‘paragraphs (1), (2)(B),

and (8) of subsection (b)’ and ‘paragraph (8) of subsection

(b), and the expected duration of any authorization under

such paragraph’ and substitute ‘subsection (b)(1), (3)(B),

and (9) of this section’ and ‘subsection (b)(9), and the

expected duration of any authorization under subsection

(b)(9)’, respectively.

‘‘(3) In subsection (e)(1), strike ‘(b)(8)’ and substitute

‘(b)(9)’.’’.

(3) Effective September 27, 1988, the last sentence of the paragraph headed ‘‘PAYMENTS IN LIEU OF TAXES’’ in title I of

the Act of September 27, 1988 (Public Law 100–446, 102 Stat.

1775), is amended to read as follows: ‘‘Section 6901(2)(A) of title

31, United States Code, is amended by striking ‘existing in Alaska

on October 20, 1976’.’’.

(g) Title 39, United States Code, is amended as follows:

(1) In section 5007—

(A) insert the subsection designation ‘‘(a)’’ at the beginning of the text of the section; and

(B) add at the end of the section the following new

subsection:

‘‘(b)(1) In this subsection, ‘air carrier’ and ‘aircraft’ have the

same meanings given those terms in section 40102(a) of title 49.

‘‘(2) An air carrier engaged in transporting mail shall carry

without charge on any plane it operates those agents and officers

of the Postal Service traveling on official business related to

transporting mail by aircraft, as prescribed by regulations of the

Secretary of Transportation, on exhibiting credentials.’’.

(2) Amend section 5402 as follows:

(A) In subsection (a), strike ‘‘section 1302’’ and substitute ‘‘section 40101(a)’’.

(B) In subsection (b), strike ‘‘sections 1371(k) and

1386(b)’’, ‘‘sections 1301–1542’’, and ‘‘sections 1371–1386’’

and substitute ‘‘sections 40109(a) and (c)–(h) and 42112’’,

‘‘part A of subtitle VII’’, and ‘‘chapters 411 and 413’’, respectively.

(C) In subsection (d)—

(i) insert ‘‘determine rates and’’ after ‘‘may’’; and

(ii) strike ‘‘and overseas’’.

(D) In subsection (e)—

(i) strike ‘‘ ‘overseas air transportation’,’’; and

(ii) strike ‘‘section 101 of the Federal Aviation Act

of 1958 (49 U.S.C. 1301)’’ and substitute ‘‘section

40102(a) of title 49’’.

(h) Section 382 of the Energy Policy and Conservation Act

(42 U.S.C. 6362) is amended as follows:

(1) Strike subsection (a) and substitute the following:

‘‘(a) In this section, ‘agency’ means—
H. R. 1758—621

‘‘(1) the Department of Transportation with respect to part

A of subtitle VII of title 49, United States Code;

‘‘(2) the Interstate Commerce Commission;

‘‘(3) the Federal Maritime Commission; and

‘‘(4) the Federal Power Commission.’’.

(2) In subsection (b), strike ‘‘subsection (a)(1)’’ and substitute ‘‘subsection (a)’’.

(i) The Act of April 22, 1908 (45 U.S.C. 51 et seq.), is amended

by inserting immediately after section 4 the following new section:

‘‘SEC. 4A. A regulation, standard, or requirement in force, or

prescribed by the Secretary of Transportation under chapter 201

of title 49, United States Code, or by a State agency that is participating in investigative and surveillance activities under section

20105 of title 49, is deemed to be a statute under sections 3

and 4 of this Act.’’.

(j) Title 49, United States Code, is amended as follows:

(1) In section 102, redesignate subsection (e), as enacted

by section 1(b) of the Act of January 12, 1983 (Public Law

97–449, 96 Stat. 2414), as subsection (f).

(2) In section 104(b)(1), strike ‘‘Admininstrator’’ and substitute ‘‘Administrator’’.

(3) Amend section 106 as follows:

(A) In subsection (f), strike ‘‘Secretary shall’’ and substitute ‘‘Secretary of Transportation shall’’.

(B) Subsection (g) is amended to read as follows:

‘‘(g) DUTIES AND POWERS OF ADMINISTRATOR.—(1) Except as

provided in paragraph (2) of this subsection, the Administrator

shall carry out— ‘‘(A) duties and powers of the Secretary of Transportation under subsection (f) of this section related to aviation safety

(except those related to transportation, packaging, marking,

or description of hazardous material) and stated in sections

308(b), 1132(c) and (d), 40101(c), 40103(b), 40106(a), 40108,

40109(b), 40113(a), (c), and (d), 40114(a), 40119, 44501(a) and

(c), 44502(a)(1), (b), and (c), 44504, 44505, 44507, 44508, 44511–

44513, 44701–44716, 44718(c), 44721(a), 44901, 44902,

44903(a)–(c) and (e), 44906, 44912, 44935–44937, and 44938(a)

and (b), chapter 451, sections 45302, 45303, 46104, 46301(d)

and (h)(2), 46303(c), 46304–46308, 46310, 46311, and 46313–

46316, chapter 465, and sections 47504(b)(related to flight

procedures), 47508(a), and 48107 of this title; and

‘‘(B) additional duties and powers prescribed by the Secretary of Transportation.

‘‘(2) In carrying out sections 40119, 44901, 44903(a)–(c) and (e), 44906, 44912, 44935–44937, 44938(a) and (b), and 48107 of

this title, paragraph (1)(A) of this subsection does not apply to

duties and powers vested in the Director of Intelligence and Security

by section 44931 of this title.’’.

(C) In subsection (k), insert ‘‘to the Secretary of

Transportation’’ immediately after ‘‘appropriated’’.

(4) In section 108(a)—

(A) strike—

‘‘(a) Except when operating as a service in the Navy, the’’

and substitute—

‘‘(a)(1) The’’; and

(B) add at the end of subsection (a) the following new

paragraph:
H. R. 1758—622

‘‘(2) Notwithstanding paragraph (1) of this subsection, the Coast

Guard, together with the duties and powers of the Coast Guard,

shall operate as a service in the Navy as provided under section

3 of title 14.’’.

(5)(A) In section 110(a), strike ‘‘St. Lawrence’’ and substitute ‘‘Saint Lawrence’’.

(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.’’.

and substitute—

‘‘110. Saint Lawrence Seaway Development Corporation.

‘‘111. Bureau of Transportation Statistics.’’.

(6)(A) Chapter 3 is amended by inserting immediately after

section 303 the following new section:

‘‘§ 303a. Development of water transportation

‘‘(a) POLICY.—It is the policy of Congress—

‘‘(1) to promote, encourage, and develop water transportation, service, and facilities for the commerce of the United

States; and

‘‘(2) to foster and preserve rail and water transportation.

‘‘(b) DEFINITION.—In this section, ‘inland waterway’ includes

the Great Lakes.

‘‘(c) REQUIREMENTS.—The Secretary of Transportation shall—

‘‘(1) investigate the types of vessels suitable for different

classes of inland waterways to promote, encourage, and develop

inland waterway transportation facilities for the commerce of

the United States;

‘‘(2) investigate water terminals, both for inland waterway

traffic and for through traffic by water and rail, including

the necessary docks, warehouses, and equipment, and investigate railroad spurs and switches connecting with those water

terminals, to develop the types most appropriate for different

locations and for transferring passengers or property between

water carriers and rail carriers more expeditiously and economically;

‘‘(3) consult with communities, cities, and towns about the

location of water terminals, and cooperate with them in preparing plans for terminal facilities;

‘‘(4) investigate the existing status of water transportation

on the different inland waterways of the United States to

learn the extent to which—

‘‘(A) the waterways are being used to their capacity

and are meeting the demands of traffic; and

‘‘(B) water carriers using those waterways are

interchanging traffic with rail carriers;

‘‘(5) investigate other matters that may promote and

encourage inland water transportation; and

‘‘(6) compile, publish, and distribute information about

transportation on inland waterways that the Secretary considers useful to the commercial interests of the United States.’’.

(B) The analysis of chapter 3 is amended by inserting

immediately after item 303 the following new item:

‘‘303a. Development of water transportation.’’.

(7) Amend section 329 as follows:
H. R. 1758—623

(A) In subsection (b)(1)—

(i) strike ‘‘title VII of the Federal Aviation Act

of 1958 (49 U.S.C. 1441 et seq.)’’ and substitute ‘‘chapter 11 of this title’’;

(ii) strike ‘‘and overseas’’ and ‘‘or overseas’’ wherever it appears; and

(iii) strike ‘‘section 419 of the Federal Aviation

Act of 1958’’ and substitute ‘‘subchapter II of chapter

417 of this title’’.

(B) In subsection (d), strike ‘‘the Federal Aviation Act

of 1958 (49 App. U.S.C. 1301 et seq.)’’ and substitute ‘‘part

A of subtitle VII of this title’’.

(8) In section 331(b), strike ‘‘services, supplies, and facilities

provided under subsection (a)(1), (2), and (3) of this section’’

and substitute ‘‘medical treatment provided under subsection

(a)(1) of this section and for supplies and services provided

under subsection (a)(2) and (3) of this section’’.

(9)(A) Sections 334 and 335 are repealed.

(B) Items 334 and 335 in the analysis of chapter 3 are

repealed.

(10)(A) Chapter 3 is amended by adding immediately after

section 336 the following:

‘‘§ 337. Budget request for the Director of Intelligence and

Security

‘‘The annual budget the Secretary of Transportation submits

shall include a specific request for the Office of the Director of

Intelligence and Security. In deciding on the budget request for

the Office, the Secretary shall consider recommendations in the

annual report submitted under section 44938(a) of this title.

‘‘SUBCHAPTER III—MISCELLANEOUS

‘‘§ 351. Judicial review of actions in carrying out certain

transferred duties and powers

‘‘(a) JUDICIAL REVIEW.—An action of the Secretary of Transportation in carrying out a duty or power transferred under the Department of Transportation Act (Public Law 89–670, 80 Stat. 931),

or an action of the Administrator of the Federal Railroad Administration, the Federal Highway Administration, or the Federal Aviation Administration in carrying out a duty or power specifically

assigned to the Administrator by that Act, may be reviewed

judicially to the same extent and in the same way as if the action

had been an action by the department, agency, or instrumentality

of the United States Government carrying out the duty or power

immediately before the transfer or assignment.

‘‘(b) APPLICATION OF PROCEDURAL REQUIREMENTS.—A statutory

requirement related to notice, an opportunity for a hearing, action

on the record, or administrative review that applied to a duty

or power transferred by the Act applies to the Secretary or Administrator when carrying out the duty or power.

‘‘(c) NONAPPLICATION.—This section does not apply to a duty

or power transferred from the Interstate Commerce Commission

to the Secretary under section 6(e)(1)–(4) and (6)(A) of the Act.
H. R. 1758—624

‘‘§ 352. Authority to carry out certain transferred duties and

powers

‘‘In carrying out a duty or power transferred under the Department of Transportation Act (Public Law 89–670, 80 Stat. 931),

the Secretary of Transportation and the Administrators of the Federal Railroad Administration, the Federal Highway Administration,

and the Federal Aviation Administration have the same authority

that was vested in the department, agency, or instrumentality

of the United States Government carrying out the duty or power

immediately before the transfer. An action of the Secretary or

Administrator in carrying out the duty or power has the same

effect as when carried out by the department, agency, or instrumentality.

‘‘§ 353. Toxicological testing of officers and employees

‘‘(a) COLLECTING SPECIMENS.—When the Secretary of Transportation or the head of a component of the Department of Transportation conducts post-accident or post-incident toxicological testing

of an officer or employee of the Department, the Secretary or

head shall collect the specimen from the officer or employee as

soon as practicable after the accident or incident. The Secretary

or head shall try to collect the specimen not later than 4 hours

after the accident or incident.

‘‘(b) REPORTS.—The head of each component shall submit a

report to the Secretary on the circumstances about the amount

of time required to collect the specimen for a toxicological test

conducted on an officer or employee who is reasonably associated

with the circumstances of an accident or incident under the investigative jurisdiction of the National Transportation Safety Board. ‘‘(c) NONCOMPLIANCE NOT A DEFENSE.—An officer or employee

required to submit to toxicological testing may not assert failure

to comply with this section as a claim, cause of action, or defense

in an administrative or judicial proceeding.’’. (B) The analysis of chapter 3 is amended by adding immediately after item 336 the following:

‘‘337. Budget request for the Director of Intelligence and Security.

‘‘SUBCHAPTER III—MISCELLANEOUS

‘‘351. Judicial review of actions in carrying out certain transferred duties and pow- ers. ‘‘352. Authority to carry out certain transferred duties and powers. ‘‘353. Toxicological testing of officers and employees.’’.

(11)(A) In section 501(a), strike clauses (4)–(9).

(B) Strike section 508.

(C) In the analysis of chapter 105, strike the item related

to section 508.

(D) In section 521(b)(2)(A), strike ‘‘section 508’’ and substitute ‘‘chapter 59’’.

(12) In sections 502(e)(2) and 10321(d)(3), insert ‘‘judge’’

after ‘‘United States magistrate’’. (13) Section 10362(b)(5) is amended to read as follows:

‘‘(5) prescribe regulations that contain standards for the

computation of subsidies for rail passenger transportation

(except passenger transportation compensation disputes subject

to the jurisdiction of the Commission under sections 24308(a)

and 24903(c)(2) of this title) that are consistent with the compensation principles described in the final system plan estab-
H. R. 1758—625

lished under the Regional Rail Reorganization Act of 1973

(45 U.S.C. 701 et seq.) and that avoid cross-subsidization among

commuter, intercity, and freight rail transportation;’’.

(14) In sections 10363(c) and 10383(c), strike ‘‘rate for

GS–18’’ and substitute ‘‘maximum rate payable under section

5376 of title 5’’.

(15) In section 10501(d)—

(A) strike ‘‘procedures of this title’’ and substitute

‘‘procedures of this subtitle’’; and

(B) strike ‘‘provided in this title’’ and substitute ‘‘provided in this subtitle’’.

(16) In section 10504—

(A) strike ‘‘local public body’’ wherever it appears and

substitute ‘‘local governmental authority’’;

(B) strike ‘‘rail mass transportation’’ wherever it

appears and substitute ‘‘mass transportation’’;

(C) in subsection (a)(1)(A), strike ‘‘section 1608(c)(2)’’

and substitute ‘‘section 5302(a)’’; and

(D) in subsection (a)(2), strike ‘‘section 1608(c)(5)’’ and

substitute ‘‘section 5302(a)’’.

(17) In section 10526(a)—

(A) in clause (8)(B), strike ‘‘Civil Aeronautics Board

or its successor agency’’ and substitute ‘‘Secretary of

Transportation’’;

(B) in clause (10), strike ‘‘work.’’ and substitute ‘‘work;’’;

(C) in clause (13), strike ‘‘or’’; and

(D) in clause (14), strike ‘‘title.’’ and substitute ‘‘title;

or’’.

(18) In section 10530(i)(3), strike ‘‘notifed’’ and substitute

‘‘notified’’.

(19) In section 10701a(b)(3), strike ‘‘policy of this title’’

and substitute ‘‘policy of this subtitle’’. (20) In section 10705a(g)(3)— (A) before clause (A), strike ‘‘provision of this title’’

and substitute ‘‘provision of this subtitle’’; and

(B) in clause (A), strike ‘‘service over any rate’’ and

substitute ‘‘service over any route’’.

(21) In section 10707(d)—

(A) in paragraph (2), strike ‘‘under this title’’ and substitute ‘‘under this subtitle’’; and

(B) in paragraph (3), strike ‘‘title’’ wherever it appears

and substitute ‘‘subtitle’’.

(22) In section 10707a(b)(1), strike ‘‘paragraph (2)’’ and substitute ‘‘paragraph (3)’’. (23) In section 10731(e), strike ‘‘provision of this title’’

and substitute ‘‘provision of this subtitle’’.

(24) In section 10749(b)(2), strike ‘‘Civil Aeronautics Board

under the Federal Aviation Act of 1958 (49 App. U.S.C. 1301

et seq.)’’ and substitute ‘‘Secretary of Transportation under

part A of subtitle VII of this title’’.

(25) In section 10751(b), strike ‘‘purposes of this title’’ and

substitute ‘‘purposes of this subtitle’’.

(26) In section 10905(d)(1) and (e), strike ‘‘government

authority’’ and substitute ‘‘governmental authority’’.

(27) In section 10910—

(A) in subsection (a)(1), strike ‘‘government authority’’

and substitute ‘‘governmental authority’’; and
H. R. 1758—626

(B) in subsection (g)(1), strike ‘‘provisions of this title’’

and substitute ‘‘provisions of this subtitle’’.

(28) In section 10924(e), insert ‘‘of’’ after ‘‘protection’’.

(29) In the analysis of chapter 111—

(A) in item 11128, strike ‘‘Water’’ and substitute ‘‘War’’;

and

(B) in item 11142, strike ‘‘systems’’ and substitute ‘‘system’’.

(30) In section 11162(a), strike ‘‘proceedings under this

title’’ and substitute ‘‘proceedings under this subtitle’’.

(31) In section 11163, strike ‘‘purposes of this title’’ and

substitute ‘‘purposes of this subtitle’’.

(32) In section 11166(a), strike ‘‘pursuant to this title’’

and substitute ‘‘under this subtitle’’.

(33) In section 11167, strike ‘‘under this title’’ and substitute ‘‘under this subtitle’’.

(34) In section 11501(b)(3)(A), strike ‘‘title’’ and substitute

‘‘subtitle’’.

(35) In section 11909(b), strike ‘‘1966,,’’ and substitute

‘‘1966,’’.

(k) Effective January 1, 1999, the following sections of title

49, United States Code, as enacted by section 1 of this Act, are

amended as follows:

(1) In sections 41107, 41901(b)(1), 41902(a), and 41903,

strike ‘‘transportation or between places in Alaska’’ wherever it appears and substitute ‘‘transportation’’.

(2) Strike section 41901(g).

(3) In section 41902(b)—

(A) strike clause (3); and

(B) in clause (4), strike ‘‘clauses (1)–(3)’’ and substitute ‘‘clauses (1) and (2)’’.

(l) The Act of June 29, 1940 (ch. 444, 54 Stat. 686), is amended

as follows:

(1) Except as provided in paragraphs (2) and (3) of this

subsection, strike ‘‘Administrator’’ wherever it appears and substitute ‘‘Secretary’’.

(2) In subsection (a) of the first section, strike ‘‘ ‘Administrator’ means the Administrator of the Federal Aviation

Agency’’ and substitute ‘‘ ‘Secretary’ means the Secretary of

Transportation’’.

(3) In section 4(a), strike ‘‘Administrator, and any Federal

Aviation Agency’’ and substitute ‘‘Secretary, and any Department of Transportation’’.

(4) In section 6, strike ‘‘United States commissioner’’ wherever it appears and substitute ‘‘United States magistrate judge’’.

(m) The Act of September 7, 1950 (ch. 905, 64 Stat. 770),

is amended as follows:

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

strike ‘‘Administrator’’ wherever it appears and substitute ‘‘Secretary’’.

(2) In the first section, strike ‘‘Administrator of the Federal

Aviation Agency’’ and ‘‘ ‘Administrator’ ’’ and substitute ‘‘Secretary of Transportation’’ and ‘‘ ‘Secretary’ ’’, respectively.

(3) In sections 4 and 8(a), strike ‘‘Federal Aviation Agency’’

and substitute ‘‘Department of Transportation’’.
H. R. 1758—627

(4) In section 8(d), strike ‘‘United States Commissioner’’

wherever it appears and substitute ‘‘United States magistrate

judge’’.

(n) Section 101(1st complete par. on p. 646) of the Act of

August 30, 1964 (Public Law 88–507, 78 Stat. 646), is amended

by striking ‘‘Administrator of the Federal Aviation Agency’’ and

substituting ‘‘Secretary of Transportation’’.

(o) Section 9111 of the Anti-Drug Abuse Act of 1988 (Public

Law 100–690, 102 Stat. 4531) is amended as follows:

(1) In the introductory language of subsection (b)(1), strike

‘‘Subsection (b) of section 10530 of such title is amended by

striking out paragraph (1) and inserting in lieu thereof the

following new paragraph:’’ and substitute ‘‘Subsection (b)(1)

of section 10530 of title 49 is amended to read as follows:’’.

(2) In subsection (b)(2), strike ‘‘Such subsection’’ and substitute ‘‘Subsection (b) of section 10530’’.

(3) In the introductory language of subsection (f)(1), strike

‘‘Subsection (g) of such section is amended by striking out

paragraph (1) and inserting in lieu thereof the following:’’ and

substitute ‘‘Subsection (g)(1) of section 10530 of title 49 is

amended to read as follows:’’.

(4) In subsection (f)(2), strike ‘‘Such subsection’’ and substitute ‘‘Subsection (g) of section 10530’’.

(p) Section 4007(e) of the Intermodal Surface Transportation

Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2153) is

amended by inserting ‘‘and section 31307 of title 49, United States

Code’’ immediately after ‘‘this section’’.

(q) The revision of regulations, referred to in section

32705(b)(2)(A) of title 49, United States Code, as enacted by section

1 of this Act, that is required by section 7 of the Independent

Safety Board Act Amendments of 1990 (Public Law 101–641, 104

Stat. 4657) shall be prescribed not later than May 28, 1991.

(r) Section 165 of the Surface Transportation Assistance Act

of 1982 (Public Law 97–424, 96 Stat. 2136) is amended as follows:

(1) In subsections (a) and (d), strike ‘‘the Urban Mass

Transportation Act of 1964,’’.

(2) In subsection (b)—

(A) after the semicolon at the end of clause (2), add

‘‘or’’; and

(B) strike clause (3).

(s) Effective on the date the regulations required under section

60101(b) of title 49, United States Code, as enacted by section

1 of this Act, are effective, section 60101(a)(21) and (22) of title

49, as enacted by section 1, is amended to read as follows:

‘‘(21) ‘transporting gas’—

‘‘(A) means—

‘‘(i) the gathering, transmission, or distribution of

gas by pipeline, or the storage of gas, in interstate

or foreign commerce; and

‘‘(ii) the movement of gas through regulated

gathering lines; but

‘‘(B) does not include gathering gas (except through

regulated gathering lines) in a rural area outside a populated area designated by the Secretary as a nonrural area.

‘‘(22) ‘transporting hazardous liquid’—

‘‘(A) means—
H. R. 1758—628

‘‘(i) the movement of hazardous liquid by pipeline,

or the storage of hazardous liquid incidental to the

movement of hazardous liquid by pipeline, in or affecting interstate or foreign commerce; and

‘‘(ii) the movement of hazardous liquid through

regulated gathering lines; but

‘‘(B) does not include moving hazardous liquid

through—

‘‘(i) gathering lines (except regulated gathering

lines) in a rural area;

‘‘(ii) onshore production, refining, or manufacturing

facilities; or

‘‘(iii) storage or in-plant piping systems associated

with onshore production, refining, or manufacturing

facilities.’’.

(t)(1) Not later than March 3, 1995, the Secretary of Transportation shall complete a regulatory proceeding to consider prescribing

regulations to improve the safety and working conditions of locomotive cabs. The proceeding shall assess—

(A) the adequacy of Locomotive Crashworthiness Requirements Standard S–580, or any successor standard, adopted

by the Association of American Railroads in 1989 in improving

the safety of locomotive cabs; and

(B) the extent to which environmental, sanitary, and other

working conditions in locomotive cabs affect productivity,

health, and the safe operation of locomotives.

(2) SUPPORTING RESEARCH AND ANALYSIS.—In support of the

proceeding required under paragraph (1) of this subsection, the

Secretary shall conduct research and analysis, including computer

modeling and full-scale crash testing, as appropriate, to consider— (A) the costs and benefits associated with equipping locomotives with—

(i) braced collision posts;

(ii) rollover protection devices;

(iii) deflection plates;

(iv) shatterproof windows;

(v) readily accessible crash refuges;

(vi) uniform sill heights;

(vii) anticlimbers, or other equipment designed to prevent overrides resulting from head-on locomotive collisions; (viii) equipment to deter post-collision entry of flammable liquids into locomotive cabs;

(ix) any other devices intended to provide crash protection for occupants of locomotive cabs; and

(x) functioning and regularly maintained sanitary

facilities; and

(B) the effects on train crews of the presence of asbestos

in locomotive components.

(3) REPORT.—If, on the basis of the proceeding required under

paragraph (1) of this subsection, the Secretary decides not to prescribe regulations, the Secretary shall report to Congress on the

reasons for that decision.

(u) Not later than April 25, 1993, the Attorney General shall

prescribe the regulations required under section 33110(c) of title

49, United States Code, as enacted by section 1 of this Act. Section

33110(b) of title 49 is effective not later than 3 months after

those regulations are prescribed but not before the date on which
H. R. 1758—629

the National Stolen Passenger Motor Vehicle Information System

established under section 33109 of title 49 is operational.

(v) Section 33111 of title 49, United States Code, as enacted

by section 1 of this Act, is effective on the date on which the

National Stolen Passenger Motor Vehicle Information System is

established under section 33109 of title 49.

CONFORMING CROSS-REFERENCES

SEC. 5. (a) Sections 551(1)(H) and 701(b)(1)(H) of title 5, United

States Code, are amended by striking ‘‘or sections 1622,’’ and

substituting ‘‘subchapter II of chapter 471 of title 49; or sections’’.

(b) Title 10, United States Code, is amended as follows:

(1) In section 2640—

(A) in subsections (a)(1)(A) and (d)(1)(B)(i), strike ‘‘title

VI of the Federal Aviation Act of 1958 (49 U.S.C. App.

1421 et seq.)’’ and substitute ‘‘chapter 447 of title 49’’;

and

(B) in subsection (i), strike ‘‘sections 101(3), 101(5),

101(10), and 101(15), respectively, of the Federal Aviation

Act of 1958 (49 U.S.C. App. 1301(3), 1301(5), 1301(10),

and 1301(15))’’ and substitute ‘‘section 40102(a) of title

49’’.

(2) In section 9511(1), strike ‘‘section 101 of the Federal

Aviation Act of 1958 (49 U.S.C. 1301)’’ and substitute ‘‘section

40102(a) of title 49’’.

(3) In section 9512(b)(4), strike ‘‘section 501 of the Federal

Aviation Act of 1958 (49 U.S.C. App. 1401)’’ and substitute

‘‘section 44103 of title 49’’.

(c) Section 1110(a) of title 11, United States Code, is amended

by striking ‘‘section 101 of the Federal Aviation Act of 1958 (49

U.S.C. 1301)’’, ‘‘subsection B(4) of the Ship Mortgage Act, 1920

(46 U.S.C. 911(4))’’, and ‘‘Civil Aeronautics Board’’ and substituting

‘‘section 40102(a) of title 49’’, ‘‘section 30101 of title 46’’, and ‘‘Secretary of Transportation’’, respectively. (d) The last sentence of section 82 of title 14, United States

Code, is amended to read as follows: ‘‘Nothing in this title shall

be deemed to limit the authority granted by chapter 167 of title

10 or part A of subtitle VII of title 49.’’.

(e) Title 18, United States Code, is amended as follows:

(1) In section 31, strike ‘‘the Federal Aviation Act of 1958,

as amended’’ and substitute ‘‘sections 40102(a) and 46501 of

title 49’’.

(2) In the last sentence of sections 112(e), 878(d), 1116(c),

and 1201(e), strike ‘‘section’’ and all that follows and substitute

‘‘section 46501(2) of title 49.’’.

(3) In section 511(c)—

(A) in clause (1), strike ‘‘the National Traffic and Motor

Vehicle Safety Act of 1966, or the Motor Vehicle Information and Cost Savings Act’’ and substitute ‘‘chapter 301

and part C of subtitle VI of title 49’’; and

(B) in clause (2), strike ‘‘section 2 of the Motor Vehicle

Information and Cost Savings Act’’ and substitute ‘‘section

32101 of title 49’’.

(4) In section 512(a)(2)(A), strike ‘‘the National Traffic and

Motor Vehicle Safety Act of 1966’’ and substitute ‘‘chapter 301

of title 49’’.
H. R. 1758—630

(5) In section 553(c)—

(A) in clause (1), strike ‘‘section 2 of the Motor Vehicle

Information and Cost Savings Act’’ and substitute ‘‘section

32101 of title 49’’; and

(B) in clause (4), strike ‘‘section 101 of the Federal

Aviation Act of 1958 (49 U.S.C. App. 1301)’’ and substitute

‘‘section 40102(a) of title 49’’.

(6) In section 831(c)(1), strike ‘‘section 101 of the Federal

Aviation Act of 1958 (49 U.S.C. 1301)’’ and substitute ‘‘section

46501 of title 49’’.

(7) In section 844(g)(2)(B), strike ‘‘the Hazardous Materials

Transportation Act (49 App. U.S.C. 1801, et seq.)’’ and substitute ‘‘chapter 51 of title 49’’.

(8) In section 1201(a)(3), strike ‘‘section’’ and all that follows

and substitute ‘‘section 46501 of title 49;’’.

(9) In section 1366(c), strike ‘‘interstate transmission facilities, as defined in section 2 of the Natural Gas Pipeline Safety

Act of 1968’’ and substitute ‘‘an interstate gas pipeline facility

as defined in section 60101 of title 49’’.

(10) In section 2318(c)(1), strike ‘‘section 101 of the Federal

Aviation Act of 1958’’ and substitute ‘‘section 46501 of title

49’’.

(11) In section 2516(1)(j), strike ‘‘section’’ and all that follows and substitute ‘‘section 60123(b) (relating to destruction

of a natural gas pipeline) or 46502 (relating to aircraft piracy)

of title 49;’’.

(12) In section 3663(a)(1), strike ‘‘under subsection (h),

(i), (j), or (n) of section 902 of the Federal Aviation Act of

1958 (49 U.S.C. 1472)’’ and substitute ‘‘section 46312, 46502,

or 46504 of title 49’’.

(f) Title 23, United State Code, is amended as follows:

(1) In section 103(e)(4)(L)—

(A) in clause (i), strike ‘‘the Urban Mass Transportation

Act of 1964’’ and substitute ‘‘chapter 53 of title 49’’; and

(B) in clause (ii), strike ‘‘section 3(e)(4) of the Urban

Mass Transportation Act of 1964’’ and substitute ‘‘section

5323(a)(1)(D) of title 49’’.

(2) In section 142—

(A) in subsection (a)(2), strike ‘‘the Federal Transit

Act’’ and substitute ‘‘chapter 53 of title 49’’;

(B) in subsection (h), strike ‘‘the Urban Mass Transportation Act of 1964, as amended’’ and substitute ‘‘chapter

53 of title 49’’; and

(C) in subsection (i), strike ‘‘section 3(e)(4) of the Urban

Mass Transportation Act of 1964, as amended,’’ and substitute ‘‘section 5323(a)(1)(D) of title 49’’.

(3) In section 157(a)(2) and (3)(A), strike ‘‘section 404 of

the Surface Transportation Assistance Act of 1982’’ and substitute ‘‘section 31104 of title 49’’.

(g) The Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.)

is amended as follows:

(1) In section 4064(b)(1)(B), strike ‘‘section 501 of the Motor

Vehicle Information and Cost Savings Act (15 U.S.C. 2001)’’

and substitute ‘‘section 32901 of title 49, United States Code,’’.

(2) In section 4261(e) and (f)(2), strike ‘‘the Airport and

Airway Improvement Act of 1982’’ and substitute ‘‘section 44509
H. R. 1758—631

or 44913(b) or subchapter I of chapter 471 of title 49, United

States Code,’’.

(3) In section 9502(d)(1)(B), strike ‘‘the Federal Aviation

Act of 1958, as amended (49 U.S.C. 1301 et seq.),’’ and substitute ‘‘part A of subtitle VII of title 49, United States Code,’’.

(h) Section 2342(7) of title 28, United States Code, is amended

by striking ‘‘section 202(f) of the Federal Railroad Safety Act of

1970’’ and substituting ‘‘section 20114(c) of title 49’’.

(i) Title 31, United States Code, is amended as follows:

(1) In section 3711(c)(2), strike ‘‘section 6 of the Act of

March 2, 1893 (45 U.S.C. 6), section 4 of the Act of April

14, 1910 (45 U.S.C. 13), section 9 of the Act of February

17, 1911 (45 U.S.C. 34), and section 25(h) of the Interstate

Commerce Act (49 App. U.S.C. 26(h))’’ and substitute ‘‘section

21302 of title 49 for a violation of chapter 203, 205, or 207

of title 49 or a regulation or requirement prescribed or order

issued under any of those chapters’’.

(2) In section 3726(b)(1), strike ‘‘the Federal Aviation Act

of 1958’’ and substitute ‘‘section 40102(a) of title 49’’.

(j) Section 210(a)(4) of title 35, United States Code, is amended

by striking ‘‘section 106(c) of the National Traffic and Motor Vehicle

Safety Act of 1966 (15 U.S.C. 1395(c); 80 Stat. 721)’’ and substituting

‘‘section 30168(e) of title 49’’.

(k) Title 39, United States Code, is amended as follows:

(1) In section 3401(b) and (c), strike ‘‘section 1376’’ and

substitute ‘‘section 41901’’.

(2) In section 5005(b)(3), strike ‘‘section 101 of the Federal

Aviation Act of 1958’’ and substitute ‘‘section 40102(a) of title

49’’.

(3) In section 5401(b), strike ‘‘sections 1301–1542’’ and substitute ‘‘part A of subtitle VII’’.

(l) Section 2101(14)(C) of title 46, United States Code, is amended by striking ‘‘section 104 of the Hazardous Materials Transportation Act (49 App. U.S.C. 1803)’’ and substituting ‘‘section 5103(a)

of title 49’’.

(m) Title 49, United States Code, is amended as follows:

(1) In section 103(c)(1), strike ‘‘section 6(e)(1), (2), and

(6)(A) of the Department of Transportation Act (49 App. U.S.C.

1655(e)(1), (2), and (6)(A))’’ and substitute ‘‘section 20134(c)

and chapters 203–211 of this title, and chapter 213 of this

title in carrying out chapters 203–211’’.

(2) In section 104(c)(2), strike ‘‘31’’ and substitute ‘‘315’’.

(3) In section 105(d), strike ‘‘the National Traffic and Motor

Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.)’’ and substitute ‘‘chapter 301 of this title’’.

(4) In section 106—

(A) in subsection (h), strike ‘‘Section 103 of the Federal

Aviation Act of 1958 (49 App. U.S.C. 1303)’’ and substitute

‘‘Section 40101(d) of this title’’; and

(B) in subsection (j), strike ‘‘section 312(e) of the Federal Aviation Act of 1958’’ and substitute ‘‘section 44507

of this title’’.

(5) In section 109(a) and (b), insert ‘‘App.’’ immediately

after ‘‘(46’’.

(6) In section 302(b), strike ‘‘Subtitle I and chapter 31

of subtitle II of this title and the Department of Transportation
H. R. 1758—632

Act (49 App. U.S.C. 1651 et seq.)’’ and substitute ‘‘This subtitle

and chapters 221 and 315 of this title’’.

(7) In section 306(b), strike ‘‘section 332 or 333 of this

title, section 211 or 216 of the Regional Rail Reorganization

Act of 1973 (45 U.S.C. 721, 726), title V or VII of the Railroad

Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.

821 et seq., 851 et seq.), or section 4(i) or 5 of the Department

of Transportation Act (49 App. U.S.C. 1653(i), 1654)’’ and substitute ‘‘section 332 or 333 or chapter 221 or 249 of this title,

section 211 or 216 of the Regional Rail Reorganization Act

of 1973 (45 U.S.C. 721, 726), or title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821

et seq.)’’.

(8) In section 321, strike ‘‘section 101(2), (4), and (8) of

the Federal Aviation Act of 1958 (49 App. U.S.C. 1301(2),

(4), (8))’’ and substitute ‘‘section 40102(a) of this title’’.

(9) In section 501—

(A) in subsection (a)(2), strike ‘‘section 3101’’ and substitute ‘‘section 31501’’;

(B) in subsection (a)(3), strike ‘‘section 3102(c)’’ and

substitute ‘‘section 31502(c)’’; and

(C) strike subsection (b) and substitute the following:

‘‘(b) APPLICATION.—This chapter only applies in carrying out

sections 20302(a)(1)(B) and (C), (2), and (3), (c), and (d)(1) and

20303 and chapters 205 (except section 20504(b)), 211, 213 (in

carrying out those sections and chapters), and 315 of this title.’’.

(10) In section 507(c), strike ‘‘section 3102 of this title

or the Motor Carrier Safety Act of 1984’’ and ‘‘such section

or Act’’ and substitute ‘‘subchapter III of chapter 311 (except

sections 31138 and 31139) or section 31502 of this title’’ and

‘‘any of those provisions’’, respectively. (11) In section 521(b)—

(A) in paragraph (1)(A), strike ‘‘section 3102 of this

title or the Motor Carrier Safety Act of 1984 or section

12002, 12003, 12004, 12005(b), or 12008(d)(2) of the

Commercial Motor Vehicle Safety Act of 1986’’ and ‘‘such

sections or Act’’ and substitute ‘‘a provision of subchapter

III of chapter 311 (except sections 31138 and 31139) or

section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or

31502 of this title’’ and ‘‘any of those provisions’’, respectively; (B) in paragraph (2)(A), strike ‘‘pursuant to section

3102 of this title or the Motor Carrier Safety Act of 1984’’

and substitute ‘‘under subchapter III of chapter 311 (except

sections 31138 and 31139) or section 31502 of this title’’;

(C) in paragraph (2)(B), strike ‘‘section 12002, 12003,

12004, 12005(b), or 12008(d)(2) of the Commercial Motor

Vehicle Safety Act of 1986’’ and substitute ‘‘section 31302,

31303, 31304, 31305(b), or 31310(g)(1)(A) of this title’’;

(D) in paragraph (3), strike ‘‘section 3102 of this title

or the Motor Carrier Safety Act of 1984 or section 12002,

12003, 12004, or 12005(b) of the Commercial Motor Vehicle

Safety Act of 1986’’ and substitute ‘‘subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302,

31303, 31304, 31305(b), or 31502 of this title’’;

(E) in paragraph (5)(A), strike ‘‘section 3102 of this

title or the Motor Carrier Safety Act of 1984 or section
H. R. 1758—633

12002, 12003, 12004, or 12005(b) of the Commercial Motor

Vehicle Safety Act of 1986’’ and ‘‘such sections or Act’’

and substitute ‘‘a provision of subchapter III of chapter

311 (except sections 31138 and 31139) or section 31302,

31303, 31304, 31305(b), or 31502 of this title’’ and ‘‘any

of those provisions’’, respectively;

(F) in paragraph (6)(A), strike ‘‘section 3102 of this

title, the Motor Carrier Safety Act of 1984’’, ‘‘such section

or Act’’, and ‘‘liable’’ and substitute ‘‘subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502

of this title’’, ‘‘any of those provisions’’, and ‘‘subject’’,

respectively;

(G) in paragraph (6)(B)(i), strike ‘‘section 12002,

12003(b), 12003(c), 12004, 12005(b), or 12008(d)(2) of the

Commercial Motor Vehicle Safety Act of 1986’’ and substitute ‘‘section 31302, 31303(b) or (c), 31304, 31305(b),

or 31310(g)(1)(A) of this title’’;

(H) in paragraph (6)(B)(ii), strike ‘‘section 12019 of

such Act’’, ‘‘section 12003(a) of such Act’’, and ‘‘such section

12003(a)’’ and substitute ‘‘section 31301 of this title’’, ‘‘section 31303(a) of this title’’, and ‘‘section 31303(a)’’, respectively;

(I) in paragraph (12), strike ‘‘any provision of the

Hazardous Materials Transportation Act (49 U.S.C. App.

1801–1812)’’ and ‘‘such Act’’ and substitute ‘‘chapter 51

of this title’’ and ‘‘chapter 51’’, respectively; and

(J) in paragraph (13), strike ‘‘section 204 of the Motor

Carrier Safety Act of 1984’’ and substitute ‘‘section 31132

of this title’’.

(12) In section 526, strike ‘‘this chapter, section 3102 of

this title, or the Motor Carrier Safety Act of 1984, a person

that knowingly and willfully violates a provision of this chapter

or such section or Act, or a regulation or order of the Secretary

of Transportation under this chapter or such section or Act’’

and substitute ‘‘a provision of this chapter, subchapter III of

chapter 311 (except sections 31138 and 31139), or section 31502

of this title, a person that knowingly and willfully violates

any of those provisions or a regulation or order of the Secretary

of Transportation under any of those provisions’’. (13) In section 10102(9), strike ‘‘the Federal Aviation Act

of 1958’’ and substitute ‘‘part A of subtitle VII of this title’’.

(14) In section 10322(a), strike ‘‘subtitle’’ wherever it

appears and substitute ‘‘title’’.

(15) In sections 10364(a) and 10385(a), strike ‘‘section 5

of title 41’’ and substitute ‘‘section 3709 of the Revised Statutes

(41 U.S.C. 5)’’.

(16) In sections 10527(a), strike ‘‘subchapter’’ and substitute

‘‘title’’.

(17) In section 10528, strike ‘‘subchapter’’ and ‘‘subtitle’’

wherever either word appears and substitute ‘‘title’’.

(18) In section 10529(a), strike ‘‘(12 U.S.C. 1141j(a))’’ and

substitute ‘‘(12 U.S.C. 1141j(a)))’’.

(19) In sections 10542(a)(2) and 10544(d)(1)(B), insert

‘‘App.’’ immediately after ‘‘(46’’ wherever it appears.

(20) In section 10561(b)(1), strike ‘‘chapter 20’’ and substitute ‘‘part A of subtitle VII’’.

(21) In section 10703(a)(4)—
H. R. 1758—634

(A) in paragraph (D)(ii), insert ‘‘App.’’ immediately after

‘‘(46’’ wherever it appears; and

(B) in paragraph (E), strike ‘‘(46 U.S.C. 801 et seq.)’’

and ‘‘(46 U.S.C. 843–848)’’ and substitute ‘‘(46 App. U.S.C.

801 et seq.)’’ and ‘‘(46 App. U.S.C. 843 et seq.)’’, respectively.

(22) In section 10721(a)(1), strike ‘‘Section 5 of title 41’’

and substitute ‘‘Section 3709 of the Revised Statutes (41 U.S.C.

5)’’.

(23) In section 10735(b)(1), strike ‘‘under this title’’ and

substitute ‘‘under this subtitle’’.

(24) In section 10903(b)(2), strike ‘‘section 11347 of this

title and section 405(b) of the Rail Passenger Service Act (45

U.S.C. 565(b))’’ and substitute ‘‘sections 11347 and 24706(c)

of this title’’.

(25) In section 10922—

(A) in subsection (c)(1)(E), strike ‘‘provisions of section

12(f) of the Urban Mass Transportation Act of 1964’’ and

substitute ‘‘section 10531 of this title’’;

(B) in subsection (c)(2)(D), strike ‘‘subtitle’’ wherever

it appears and substitute ‘‘title’’;

(C) in subsection (c)(4)(C) and (j)(1), strike ‘‘subchapter’’

wherever it appears and substitute ‘‘title’’; and

(D) in subsection (j)(2)(C), strike ‘‘subtitle’’ and substitute ‘‘title’’.

(26) In section 10927(a)(1), insert ‘‘section’’ before ‘‘10923’’.

(27) In section 10935(a) and (e)(3), strike ‘‘subchapter’’ and

substitute ‘‘title’’.

(28) In section 11125(b)(2)(A), strike ‘‘the Federal Railroad

Safety Act of 1970 (45 U.S.C. 431 et seq.)’’ and substitute

‘‘chapter 201 of this title’’.

(29) In section 11126(a), strike ‘‘11501(c)’’ and substitute

‘‘11501(f)’’.

(30) In section 11303(a), strike ‘‘the Ship Mortgage Act,

1920’’ wherever it appears and substitute ‘‘chapter 313 of title

46’’.

(31) In section 11347, strike ‘‘section 405 of the Rail Passenger Service Act (45 U.S.C. 565)’’ and substitute ‘‘sections

24307(c), 24312, and 24706(c) of this title’’.

(32) In section 11348(a), strike ‘‘section 504(f),’’ and substitute ‘‘sections 504(f) and’’.

(33) In section 11504(b)(2), strike ‘‘section 204 of the Motor

Carrier Safety Act of 1984 (49 App. U.S.C. 2503)’’ and substitute

‘‘section 31132 of this title’’.

(34) In section 11701(a), strike ‘‘section 10530 of this subtitle’’ and substitute ‘‘section 10530 of this title’’.

LEGISLATIVE PURPOSE AND CONSTRUCTION

SEC. 6. (a) Sections 1–4 of this Act restate, without substantive

change, laws enacted before July 1, 1993, that were replaced by

those sections. Those sections may not be construed as making

a substantive change in the laws replaced. Laws enacted after

June 30, 1993, that are inconsistent with this Act supersede this

Act to the extent of the inconsistency.

(b) A reference to a law replaced by sections 1–4 of this Act,

including a reference in a regulation, order, or other law, is deemed

to refer to the corresponding provision enacted by this Act.
H. R. 1758—635

(c) An order, rule, or regulation in effect under a law replaced

by sections 1–4 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.

(d) An action taken or an offense committed under a law

replaced by sections 1–4 of this Act is deemed to have been taken

or committed under the corresponding provision enacted by this

Act.

(e) An inference of legislative construction is not to be drawn

by reason of the location in the United States Code of a provision

enacted by this Act or by reason of a caption or catch line of

the provision.

(f) If a provision enacted by this Act is held invalid, all valid

provisions that are severable from the invalid provision remain

in effect. If a provision enacted by this Act is held invalid in

any of its applications, the provision remains valid for all valid

applications that are severable from any of the invalid applications.

REPEALS

SEC. 7. (a) The repeal of a law by this Act may not be construed

as a legislative implication that the provision was or was not

in effect before its repeal.

(b) The laws specified in the following schedule are repealed,

except for rights and duties that matured, penalties that were

incurred, and proceedings that were begun before the date of enactment of this Act:

Schedule of Laws Repealed

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

1864

July 2 216 ............ 15 ...................................... 13 362 .............. 45 83

1873

Mar. 3 226 ............ 2(words after 2d semicolon).17 508 .............. ....... .......................

1874

June 20 331 ............ ........................................... 18 111 .............. 45 83

June 22 414 ............ ........................................... 18 200 .............. 45 89

1879

Mar. 3 183 ............ 1(4th par. on p. 420) ....... 20 420 .............. 45 90

1887

Feb. 4 104 ............ 25 ...................................... 24 379 .............. 49

App.

26

Mar. 3 345 ............ ........................................... 24 488 .............. 45 94, 95

1893

Mar. 2 196 ............ ........................................... 27 531 .............. 45 1–7

1896

Apr. 1 87 .............. ........................................... 29 85 ................ 45 6

1897

Mar. 3 386 ............ (proviso under heading

‘‘Transportation and

Recruiting, Marine

Corps’’).

29 663 .............. 45 91
H. R. 1758—636

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

1901

Mar. 3 831 ............ (last proviso of last par.

under heading ‘‘Pay

Department’’).

31 1023 ............ 45 92

1903

Mar. 2 976 ............ ........................................... 32 943 .............. 45 10

1905

Feb. 23 744 ............ ........................................... 33 743 .............. 49

App.

1201–1203

1906

June 29 3594 .......... ........................................... 34 607 .............. 45 71–74

June 30 P.R. 46 ...... ........................................... 34 838 .............. 45 35

1907

Mar. 4 2939 .......... ........................................... 34 1415 ............ 45 61–64b

1908

May 27 200 ............ 1(6th par. last sentence

under heading ‘‘Interstate Commerce Commission’’, 1st complete

par. on p. 325).

35 325 .............. 45 36, 37

1909

Mar. 4 299 ............ 1(6th par. last sentence

under heading ‘‘Interstate Commerce Commission’’).

35 965 .............. 45 37

1910

Apr. 14 160 ............ ........................................... 36 298 .............. 45 11–16

May 6 208 ............ ........................................... 36 350 .............. 45 38–43

1911

Feb. 17 103 ............ ........................................... 36 913 .............. 45 22–29, 31–34

1915

Mar. 4 169 ............ ........................................... 38 1192 ............ 45 23, 30

1916

May 4 109 ............ ........................................... 39 61 ................ 45 63

Aug. 29 415 ............ ........................................... 39 538 .............. 49

App.

81–124

1920

Feb. 28 91 .............. 441, 500 ............................ 41 498, 499 ...... 49

App.

26, 142

1921

Mar. 4 161 ............ 1(last proviso in par.

under heading ‘‘Transportation Facilities on

Inland and Coastal

Waterways’’).

41 1392 ............ 49

App.

141

Dec. 15 1 ................ 1(last par. under heading

‘‘Board of Mediation

and Conciliation’’).

42 328 .............. 45 126

1924

June 7 355 ............ ........................................... 43 659 .............. 45 22, 23, 25, 27

1927

Mar. 4 510 ............ ........................................... 44 1446 ............ 49

App.

102

1929

Feb. 28 369 ............ ........................................... 45 1404 ............ 49

App.

173
H. R. 1758—637

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

1931

Feb. 14 189 ............ ........................................... 46 1162 ............ 49

App.

231

1934

June 13 498 ............ ........................................... 48 954 .............. 49

App.

264

June 19 654 ............ ........................................... 48 1113 ............ 49

App.

171–173a,

175, 179–184

656 ............ 2 ........................................ 48 1116 ............ 49

App.

181

1935

Aug. 7 455 ............ ........................................... 49 540 .............. 49

App.

231

1937

Aug. 26 818 ............ ........................................... 50 835 .............. 49

App.

26

1939

June 27 244 ............ ........................................... 53 855 .............. 49

App.

751–757

Aug. 9 618 ............ ........................................... 53 1291 ............ 49

App.

781–789

633 ............ 1(1st. par. under heading

‘‘Civil Aeronautics Authority.’’).

53 1302 ............ 49

App.

682

1940

Apr. 22 124 ............ ........................................... 54 148 .............. 45 24–34

July 2 526 ............ ........................................... 54 735 .............. 49

App.

485

Sept. 18 722 ............ 14(b) ................................. 54 919 .............. 49

App.

26

1941

June 28 258 ............ 201(last par. under heading ‘‘Civil Aeronautics

Board’’).

55 282 .............. 49

App.

422a

1942

July 24 522 ............ ........................................... 56 704 .............. 49

App.

752

1943

May 7 94 .............. (par. under heading ‘‘Office of Administrator of

Civil Aeronautics’’).

57 80 ................ 49

App.

758

June 10 121 ............ ........................................... 57 150 .............. 49

App.

752

1944

June 30 333 ............ ........................................... 58 648 .............. 49

App.

757

July 1 373 ............ 813(5th, 6th complete

pars. on p. 718).

58 718 .............. 49

App.

177, 181

Oct. 3 479 ............ 13(g) ................................. ....... ..................... 50

App.

1622

1946

Aug. 8 911 ............ ........................................... 60 944 .............. 49

App.

603

1947

May 27 85 .............. ........................................... 61 120 .............. 45 24–26

July 30 404 ............ 2 ........................................ 61 678 .............. 50

App.

1622

Aug. 4 471 ............ ........................................... 61 743 .............. 49

App.

643
H. R. 1758—638

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

1948

Apr. 17 192 ............ ........................................... 62 173 .............. 49

App.

1101, 1102,

1106, 1108,

1109

June 16 473 ............ ........................................... 62 450 .............. 49

App.

1151,

1151(note),

1152–1159a,

1160

482 ............ ........................................... 62 470 .............. 49

App.

524

June 19 523 ............ ........................................... 62 493 .............. 49

App.

401, 523

June 25 646 ............ 4 ........................................ 62 986 .............. 45 87

June 29 713 ............ ........................................... 62 1093 ............ 49

App.

452

738 ............ ........................................... 62 1111 ............ 49

App.

1116

July 1 792 ............ ........................................... 62 1216 ............ 49

App.

452, 459, 551

1949

July 25 359 ............ ........................................... 63 478 .............. 49

App.

1111

July 26 362 ............ ........................................... 63 480 .............. 49

App.

622

363 ............ ........................................... 63 480 .............. 49

App.

1114

Aug. 12 423 ............ ........................................... 63 603 .............. 49

App.

1113

Aug. 15 426 ............ ........................................... 63 605 .............. 49

App.

1109

Aug. 30 520 ............ ........................................... 63 678 .............. 49

App.

427

Oct. 1 589 ............ ........................................... 63 700 .............. 50

App.

1622–1622c

Oct. 25 724 ............ ........................................... 63 903 .............. 49

App.

1105

Oct. 26 751 ............ ........................................... 63 925 .............. 49

App.

1104

1950

Feb. 9 5 ................ ........................................... 64 4 .................. 49

App.

1107

Mar. 18 72 .............. 6, 7 .................................... 64 28 ................ 49

App.

1102, 1108

Aug. 3 517 ............ ........................................... 64 395 .............. 49

App.

622

Aug. 5 591 ............ ........................................... 64 414 .............. 49

App.

177, 181

Aug. 8 643 ............ ........................................... 64 417 .............. 49

App.

457

Aug. 9 655 ............ ........................................... 64 427 .............. 49

App.

781

Sept. 9 938 ............ ........................................... 64 825 .............. 49

App.

701–705

Sept. 27 1055 .......... ........................................... 64 1071 ............ 49

App.

1104

Sept. 29 1107 .......... ........................................... 64 1079 ............ 49

App.

460

Sept. 30 1117 .......... ........................................... 64 1090 ............ 49

App.

1181–1185

1951

Jan. 9 1214 .......... ........................................... 64 1237 ............ 49

App.

1109

June 14 123 ............ ........................................... 65 65 ................ 49

App.

401, 711–722

Oct. 11 495 ............ 3, 4 .................................... 65 407 .............. 49

App.

177, 560

Oct. 31 655 ............ 55(b) ................................. 65 729 .............. 49

App.

787
H. R. 1758—639

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

1952

June 28 485 ............ 1(5) ................................... 66 286 .............. 49

App.

485

July 14 740 ............ ........................................... 66 628 .............. 49

App.

401, 491, 622

1953

July 8 181 ............ ........................................... 67 140 .............. 49

App.

1116

Aug. 8 379 ............ ........................................... 67 489 .............. 49

App.

176

1955

May 19 41 .............. ........................................... 69 49 ................ 49

App.

481

Aug. 3 494 ............ ........................................... 69 441 .............. 49

App.

1101–1103,

1104, 1105,

1107, 1108,

1111

1956

July 20 650 ............ ........................................... 70 591 .............. 49

App.

481

655 ............ ........................................... 70 594 .............. 49

App.

722

Aug. 1 816 ............ ........................................... 70 784 .............. 49

App.

483

852 ............ 22 ...................................... 70 911 .............. 49

App.

789

1957

June 13 85–50 ........ ........................................... 71 69 ................ 49

App.

1201–1203

Aug. 14 85–135 ...... ........................................... 71 352 .............. 45 6, 13, 34, 63

Aug. 26 85–166 ...... ........................................... 71 415 .............. 49

App.

481

Sept. 7 85–307 ...... ........................................... 71 629 .............. 49

App.

1324(note)

1958

Apr. 9 85–373 ...... ........................................... 72 84 ................ 49

App.

486

Apr. 11 85–375 ...... ........................................... 72 86 ................ 45 9

July 7 85–507 ...... 21(b)(3), (c) ....................... 72 337, 338 ...... 49

App.

457, 603

Aug. 23 85–726 ...... (less 613(a), (b), 1402(a),

(e)–(g), 1404, 1406,

1411).

72 731 .............. 49

App.

1301–1308,

1321–1325,

1341–1346,

1347–1356,

1357–1359,

1371, 1372–

1376, 1377–

1389, 1401–

1406, 1421–

1434, 1441–

1443, 1461–

1463, 1471–

1474, 1481,

1482, 1483–

1490, 1501–

1515, 1516–

1518, 1531–

1542, 1551

1959

Mar. 18 86–3 .......... 21 ...................................... 73 13 ................ 49

App.

1324(note)

June 25 86–70 ........ 39 ...................................... 73 150 .............. 49

App.

1324(note)
H. R. 1758—640

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

June 29 86–72 ........ ........................................... 73 155 .............. 49

App.

1101, 1102,

1104, 1106,

1108, 1109,

1112

July 8 86–81 ........ ........................................... 73 180 .............. 49

App.

1403, 1404

Aug. 11 86–154 ...... ........................................... 73 333 .............. 49

App.

1743

Aug. 25 86–199 ...... ........................................... 73 427 .............. 49

App.

1485

Sept. 21 86–295 ...... ........................................... 73 572 .............. 49

App.

1105

1960

June 29 86–546 ...... 1 ........................................ 74 255 .............. 49

App.

1486

July 12 86–624 ...... 37 ...................................... 74 421 .............. 49

App.

1324(note)

86–627 ...... ........................................... 74 445 .............. 49

App.

1373

July 14 86–661 ...... ........................................... 74 527 .............. ....... .......................

Sept. 13 86–758 ...... ........................................... 74 901 .............. 49

App.

1378,

1378(note)

86–762 ...... ........................................... 74 903 .............. 45 38, 42, 43

1961

July 20 87–89 ........ ........................................... 75 210 .............. 49

App.

1542

Sept. 5 87–197 ...... ........................................... 75 466 .............. 49

App.

1301, 1472,

1511

Sept. 13 87–221 ...... ........................................... 75 494 .............. 15 1281, 1282

87–225 ...... ........................................... 75 497 .............. 49

App.

1486

Sept. 20 87–255 ...... ........................................... 75 523 .............. 49

App.

1101–1106,

1108–1110,

1112, 1509

Oct. 4 87–367 ...... 103(2), (6), (15), 205 ........ 75 787, 788,

791.

49

App.

1322, 1343,

1343(note)

1962

July 10 87–528 ...... ........................................... 76 143 .............. 49

App.

1301, 1371,

1371(note),

1376, 1387,

1471, 1472

Oct. 15 87–810 ...... ........................................... 76 921 .............. 49

App.

1323, 1441,

1472, 1505

87–820 ...... ........................................... 76 936 .............. 49

App.

1324(note),

1380

1964

Mar. 11 88–280 ...... ........................................... 78 158 .............. 49

App.

1101–1106,

1107a, 1108–

1111, 1113,

1120

June 30 88–346 ...... ........................................... 78 236 .............. 49

App.

1403, 1406,

1406(note)

July 2 88–349 ...... 2 ........................................ 78 239 .............. 49

App.

1114

July 9 88–365 ...... ........................................... 78 302 .............. 49

App.

1601,

1601(note),

1602, 1603,

1604, 1605–

1625

Aug. 14 88–426 ...... 305(16) ............................. 78 424 .............. 49

App.

1321, 1341,

1342

1965

Aug. 10 89–117 ...... 304(b), 1109 ..................... 79 475, 507 ...... 49

App.

1605, 1608

Sept. 30 89–220 ...... 13 ...................................... ....... ..................... 49

App.

1643
H. R. 1758—641

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. 8 89–348 ...... 1(6) ................................... 79 1310 ............ 49

App.

1539

1966

June 13 89–447 ...... ........................................... 80 199 .............. 49

App.

1542

Sept. 8 89–562 ...... ........................................... 80 715 .............. 49

App.

1602, 1603,

1605,

1607a(note),

1607b, 1607c,

1608–1611

Sept. 9 89–563 ...... (less 401) .......................... 80 718 .............. 15 1301–1303,

1321–1323,

1381,

1381(note),

1391–1403,

1403(note),

1404–1431

Oct. 13 89–647 ...... ........................................... 80 894 .............. 49

App.

1104, 1105

Oct. 15 89–670 ...... 1–8(a), (f), (i), 9, 10(e),

13–16.

80 931, 943,

944, 948,

949.

15 1404

................... ........................................... ....... ..................... 49

App.

1376, 1651,

1651(note),

1652, 1653,

1654, 1655–

1657, 1659

................... ........................................... ....... ..................... 50 123

1967

May 25 90–19 ........ 20 ...................................... 81 25 ................ 49

App.

1602, 1603,

1605, 1606,

1608–1610

June 28 90–34 ........ ........................................... 81 81 ................ 49

App.

1604

Dec. 1 90–169 ...... ........................................... 81 526 .............. 49

App.

1604

1968

Apr. 10 90–283 ...... ........................................... 82 72 ................ 15 1410

July 21 90–411 ...... ........................................... 82 395 .............. 49

App.

1431

July 24 90–423 ...... 1(f) .................................... 82 424 .............. 49

App.

1642

Aug. 1 90–448 ...... 701–704 ............................ 82 534 .............. 49

App.

1603, 1604,

1605, 1608

Aug. 12 90–481 ...... ........................................... 82 720 .............. 49

App.

1671,

1671(note),

1672–1686

Sept. 26 90–514 ...... ........................................... 82 867 .............. 49

App.

1301, 1371,

1371(note)

Oct. 12 90–568 ...... ........................................... 82 1003 ............ 49

App.

1324(note)

1969

Aug. 20 91–62 ........ ........................................... 83 103 .............. 49

App.

1377,

1377(note),

1378

Dec. 24 91–152 ...... 306 .................................... 83 392 .............. 49

App.

1603, 1604

Dec. 26 91–169 ...... ........................................... 83 463 .............. 45 61, 61(note),

62–64b
H. R. 1758—642

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

1970

May 21 91–258 ...... 31, 51, 52(a), (b)(4), (6),

(c), (d), 53, 209.

84 234, 235,

236, 252.

49

App.

1101–1103,

1104–1106,

1107a–1120,

1354, 1430,

1430(note),

1432, 1509,

1622,

1701(note),

1731, 1741,

1742(note)

May 22 91–265 ...... ........................................... 84 262 .............. 15 1381(note),

1391, 1401,

1408, 1409,

1426, 1431

Sept. 8 91–399 ...... ........................................... 84 837 .............. 49

App.

1542

Oct. 13 91–444 ...... 1(b) ................................... 84 915 .............. 49

App.

1642

Oct. 14 91–449 ...... ........................................... 84 921 .............. 49

App.

1301, 1472

Oct. 15 91–453 ...... 1–9, 13, 14 ....................... 84 962, 969 ...... 49

App.

1601(note),

1601a, 1602,

1602(note),

1603–1605,

1610–1612

Oct. 16 91–458 ...... ........................................... 84 971 .............. 45 421,

421(note),

431–441, 443,

444

Oct. 27 91–513 ...... 1102(r) .............................. 84 1294 ............ 49

App.

787

Oct. 30 91–518 ...... (less 404(f), 814, 815,

901).

84 1327 ............ 45 501,

501(note),

501a, 502,

521, 522,

541–545, 546,

547, 548,

561–566,

581–591, 601,

602, 642–644,

646–649,

651–658

Dec. 23 91–569 ...... ........................................... 84 1499 ............ 49

App.

1512,

1512(notes)

Dec. 29 91–596 ...... 31 ...................................... 84 1619 ............ 49

App.

1421

Dec. 31 91–604 ...... 11(b) ................................. 84 1705 ............ 49

App.

1421, 1430

1971

Nov. 18 92–159 ...... 2 ........................................ 85 481 .............. 49

App.

1429

Nov. 27 92–174 ...... ........................................... 85 491 .............. 49

App.

1429,

1430(note),

1432, 1711–

1713, 1714,

1715, 1717

1972

Mar. 22 92–259 ...... ........................................... 86 95 ................ 49

App.

1374, 1461,

1482,

1482(note)

June 22 92–316 ...... ........................................... 86 227 .............. 45 543,

543(note),

545, 546, 548,

562, 563, 565,

601, 602,

602(note),

644, 645

Aug. 22 92–401 ...... ........................................... 86 616 .............. 49

App.

1674,

1674(note),

1682, 1684
H. R. 1758—643

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. 20 92–513 ...... (less 511) .......................... 86 947 .............. 15 1901,

1901(note),

1911–1922,

1941–1949,

1961–1964,

1981,

1981(note),

1982–1991,

2001–2010,

2012, 2021–

2034

Oct. 25 92–548 ...... ........................................... 86 1159 ............ 15 1381(note),

1409, 1410

92–556 ...... ........................................... 86 1170 ............ 49

App.

1324(note)

Oct. 27 92–574 ...... 7(b) ................................... 86 1239 ............ 49

App.

1431

1973

June 18 93–44 ........ ........................................... 87 88 ................ 49

App.

1513,

1701(note),

1711, 1712,

1714, 1716,

1717

Aug. 13 93–87 ........ 138, 164, 301 ................... 87 270, 281,

295.

49

App.

1602a, 1603,

1603(note),

1607d(note),

1608(note),

1612

Aug. 14 93–90 ........ ........................................... 87 305 .............. 45 421(note),

441(note)

................... ........................................... ....... ..................... 49

App.

1762

Nov. 3 93–146 ...... ........................................... 87 548 .............. 45 501(note),

502, 543,

543(note),

545, 546, 548,

561–564, 601,

602, 641

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’’).

....... ..................... 45 743, 797j

93–239 ...... 4 ........................................ 87 1048 ............ 49

App.

1421

Aug. 5 93–366 ...... ........................................... 88 409 .............. 49

App.

1301(note),

1301, 1356,

1357, 1471,

1472, 1473,

1487, 1511,

1514–1516

Aug. 22 93–383 ...... 813 .................................... 88 737 .............. 49

App.

1602, 1602a,

1602a(note)

Aug. 30 93–403 ...... ........................................... 88 802 .............. 49

App.

1671(note),

1674, 1684
H. R. 1758—644

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. 27 93–492 ...... (less 108) .......................... 88 1470 ............ 15 1381(note),

1391, 1392,

1393, 1397–

1399, 1401,

1402, 1408,

1409,

1409(note),

1410–1411,

1411(note),

1412–1420,

1424, 1961–

1964

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
H. R. 1758—645

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.

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

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)
H. R. 1758—646

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

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.)

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)
H. R. 1758—647

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. 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

................... ........................................... ....... ..................... 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 ...... 117, 201–213, 215, 216 ... 94 410, 418 ...... 45 501(note),

543, 545, 546,

562–564, 601,

651–658, 851,

853, 854,

854(note),

855, 1013
H. R. 1758—648

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.

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

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
H. R. 1758—649

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

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 ‘‘Payments 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)

................... ........................................... ....... ..................... 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 Discretionary

Grants’’).

97 340 .............. 49

App.

1603(note)

Dec. 8 98–213 ...... 10 ...................................... 97 1461 ............ 49

App.

1389
H. R. 1758—650

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

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

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
H. R. 1758—651

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. 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
H. R. 1758—652

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, 301–306, 308,

401.

102 2805, 2809,

2817.

15 1988

................... ........................................... ....... ..................... 49 101(note

prec.)
H. R. 1758—653

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(note),

1672,

1672(note),

1674, 1676,

1679a, 1680,

1680(note),

1681, 1684,

1687, 2002,

2004, 2007,

2009–2011,

2013, 2015,

2015(note)

100–562 .... (less 2(e)(3)) ..................... 102 2818 ............ 15 1381(note),

1397,

1397(notes)

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), 9103–9110, 9112.

102 4324, 4424,

4429,

4433,

4528,

4529, 4534.

49 334,

10927(note)

................... ........................................... ....... ..................... 49

App.

782,

1301(note),

1303,

1303(note),

1354, 1401,

1401(note),

1422, 1425,

1429, 1471,

1472, 2505,

2505(notes),

2507,

2510(note),

2521,

2521(note),

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
H. R. 1758—654

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. 15 101–370 .... ........................................... 104 451 .............. 49

App.

1357, 1475,

1482(note)

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

................... ........................................... ....... ..................... 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
H. R. 1758—655

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.

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)

................... ........................................... ....... ..................... 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
H. R. 1758—656

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

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)

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
H. R. 1758—657

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

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.