IIA

103D CONGRESS

1ST SESSION H.R. 1758

IN THE SENATE OF THE UNITED STATES

AUGUST 3 (legislative day, JUNE 30), 1993

Received; read twice and referred to the Committee on the Judiciary

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. ––––––’’.
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(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’’.

1 (c) Title 49, United States Code, is amended by striking subtitle II, ex2 cept that chapter 31 (comprising sections 3101–3104) of subtitle II is re3 designated and restated as chapter 315 (comprising sections 31501–31504)

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

5 (d) Title 49, United States Code, is amended by adding the following im6 mediately after subtitle I:

7 SUBTITLE II—OTHER GOVERNMENT AGENCIES

CHAPTER Sec.

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

8 CHAPTER 11—NATIONAL TRANSPORTATION SAFETY

9 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.

10 SUBCHAPTER I—GENERAL

11 § 1101. Definitions

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

2 § 1111. General organization

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

4 independent establishment of the United States Government.

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

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

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

11 transportation regulation.

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

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

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

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

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

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

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

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

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

24 is vacant, the Vice Chairman acts as Chairman.

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

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

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

32 (3) supervise the expenditures of the Board.

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

34 duties and powers of the Board.

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

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

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

40 modes of transportation:

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

2 (3) rail and tracked vehicle.

3 (4) pipeline.

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

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

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

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

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

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

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

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

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

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

19 the Board has under this chapter.

20 § 1113. Administrative

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

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

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

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

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

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

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

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

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

34 Chairman.

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

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

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

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

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

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

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

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

6 U.S.C. 5);

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

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

9 States Government on a reimbursable or other basis;

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

11 State and local governmental authorities;

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

14 as appropriate;

15 (F) accept voluntary and uncompensated services notwithstanding

16 another law;

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

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

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

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

23 costs of goods and services supplied by the Board.

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

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

26 the Board.

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

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

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

30 other budget information, a legislative recommendation, prepared testimony

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

15 this chapter.

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

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

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

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

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

23 another law of the United States.

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

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

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

27 States Government when requested for official use;

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

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

30 committee;

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

32 confidentiality of the information without impairing the proceeding; and

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

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

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

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

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

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

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

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

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

4 decides is relevant to the accident or incident—

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

6 at the time of the hearing; or

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

9 in the public docket.

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

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

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

15 Secretary of Transportation shall provide the following information to the

16 Board when requested in writing by the Board:

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

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

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

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

25 positive.

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

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

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

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

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

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

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

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

38 investigation; and

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

40 record.
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1 § 1115. Training

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

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

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

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

7 Secretary of Transportation shall make the Institute available to—

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

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

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

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

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

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

18 the Treasury. The amount of the fee—

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

20 requirements of any annual appropriation); and

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

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

27 § 1116. Reports and studies

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

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

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

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

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

37 to minimize personal injuries that occur in transportation accidents.

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

39 shall—

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

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

2 periodically publish recommended procedures for accident investiga3 tions;

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

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

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

8 and the intelligence agencies);

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

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

12 effectiveness in preventing accidents; and

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

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

17 § 1117. Annual report

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

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

22 prior calendar year;

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

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

25 with the observed response to each recommendation;

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

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

30 of the United States or a State; and

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

32 and recommendations for legislative and administrative action and

33 change.

34 § 1118. Authorization of appropriations

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

36 National Transportation Safety Board for the fiscal year ending September

37 30, 1993, to carry out this chapter.

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

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

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

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

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

5 SUBCHAPTER III—AUTHORITY

6 § 1131. General authority

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

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

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

11 section 1132 of this title;

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

13 the Board selects in cooperation with a State;

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

15 property damage, or that involves a passenger train;

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

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

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

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

22 which the Coast Guard is operating; and

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

24 property when the Board decides—

25 (i) the accident is catastrophic;

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

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

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

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

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

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

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

35 about the probable cause of the accident.

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

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

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

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

2 the accident is exchanged in a timely manner.

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

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

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

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

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

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

13 may—

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

15 this section in which misfeasance or nonfeasance by the Government

16 has not been alleged; and

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

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

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

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

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

23 at reasonable cost.

24 § 1132. Civil aircraft accident investigations

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

26 Board shall investigate—

27 (A) each accident involving civil aircraft; and

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

29 accident involving both military and civil aircraft.

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

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

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

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

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

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

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

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

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

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

7 § 1133. Review of other agency action

8 The National Transportation Safety Board shall review on appeal—

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

10 a certificate issued by the Secretary of Transportation under section

11 44703, 44709, or 44710 of this title;

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

13 of this title;

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

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

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

18 chapter 77, or section 9303 of title 46; and

19 (4) under section 46301(d)(5) of this title, an order imposing a pen20 alty under section 46301.

21 § 1134. Inspections and autopsies

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

23 Transportation Safety Board—

24 (1) on display of appropriate credentials and written notice of inspec25 tion authority, may enter property where a transportation accident has

26 occurred or wreckage from the accident is located and do anything nec27 essary to conduct an investigation; and

28 (2) during reasonable hours, may inspect any record, process, con29 trol, or facility related to an accident investigation under this chapter.

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

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

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

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

34 an accident in air commerce.

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

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

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

38 (c) AVOIDING UNNECESSARY INTERFERENCE AND PRESERVING EVI39 DENCE.—In carrying out subsection (a)(1) of this section, an officer or em40 ployee may examine or test any vehicle, vessel, rolling stock, track, or pipe41 line component. The examination or test shall be conducted in a way that—
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1 (1) does not interfere unnecessarily with transportation services pro2 vided by the owner or operator of the vehicle, vessel, rolling stock,

3 track, or pipeline component; and

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

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

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

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

11 Those decisions are committed to the discretion of the Board. The Board

12 shall make any of those decisions based on the needs of the investigation

13 being conducted and, when applicable, subsections (a), (c), and (e) of this

14 section.

15 (e) PROMPTNESS OF TESTS AND AVAILABILITY OF RESULTS.—An in16 spection, examination, or test under subsection (a) or (c) of this section

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

18 available.

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

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

21 this chapter. However, local law protecting religious beliefs related to autop22 sies shall be observed to the extent consistent with the needs of the accident

23 investigation.

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

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

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

27 this chapter.

28 § 1135. Secretary of Transportation’s responses to safety

29 recommendations

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

31 a recommendation about transportation safety to the Secretary of Transpor32 tation, the Secretary shall give a formal written response to each rec33 ommendation not later than 90 days after receiving the recommendation.

34 The response shall indicate whether the Secretary intends—

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

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

37 or

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

39 (b) TIMETABLE FOR COMPLETING PROCEDURES AND REASONS FOR RE40 FUSALS.—A response under subsection (a)(1) or (2) of this section shall in41 clude a copy of a proposed timetable for completing the procedures. A re-
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1 sponse under subsection (a)(2) of this section shall detail the reasons for

2 the refusal to carry out procedures on the remainder of the recommenda3 tion. A response under subsection (a)(3) of this section shall detail the rea4 sons for the refusal to carry out procedures.

5 (c) PUBLIC AVAILABILITY.—The Board shall make a copy of each rec6 ommendation and response available to the public at reasonable cost.

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

8 January 1 of each year a report containing each recommendation on trans9 portation safety made by the Board to the Secretary during the prior year

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

11 SUBCHAPTER IV—ENFORCEMENT AND PENALTIES

12 § 1151. Aviation enforcement

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

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

15 against a person to enforce section 1132, 1134(b) or (f)(1)(related to an

16 aircraft accident), or 1155(a) of this title or a regulation prescribed or order

17 issued under any of those sections. An action under this subsection may be

18 brought in the judicial district in which the person does business or the vio19 lation occurred.

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

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

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

23 accident), or 1155(a) of this title or a regulation prescribed or order

24 issued under any of those sections; and

25 (2) to prosecute a person violating those sections or a regulation pre26 scribed or order issued under any of those sections.

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

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

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

30 § 1152. Joinder and intervention in aviation proceedings

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

32 proceeding or a civil action to enforce section 1132, 1134(b) or

33 (f)(1)(related to an aircraft accident), or 1155(a) of this title, or a regula34 tion prescribed or order issued under any of those sections, may be joined

35 as a party or permitted to intervene in the proceeding or civil action.

36 § 1153. Judicial review

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

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

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

40 chapter. A person disclosing a substantial interest in the order may apply
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1 for review by filing a petition not later than 60 days after the order of the

2 Board is issued.

3 (b) PERSONS SEEKING JUDICIAL REVIEW OF AVIATION MATTERS.—(1)

4 A person disclosing a substantial interest in an order related to an aviation

5 matter issued by the Board under this chapter may apply for review of the

6 order by filing a petition for review in the United States Court of Appeals

7 for the District of Columbia Circuit or in the court of appeals of the United

8 States for the circuit in which the person resides or has its principal place

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

10 order is issued. The court may allow the petition to be filed after the 60

11 days only if there was a reasonable ground for not filing within that 60-

12 day period.

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

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

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

16 which the order was issued.

17 (3) When the petition is sent to the Board, the court has exclusive juris18 diction to affirm, amend, modify, or set aside any part of the order and may

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

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

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

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

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

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

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

26 for not making the objection in the proceeding.

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

28 the Supreme Court under section 1254 of title 28.

29 (c) ADMINISTRATOR SEEKING JUDICIAL REVIEW OF AVIATION MAT30 TERS.—When the Administrator of the Federal Aviation Administration de31 cides that an order of the Board under section 44709 or 46301(d)(5) of

32 this title will have a significant adverse impact on carrying out this chapter

33 related to an aviation matter, the Administrator may obtain judicial review

34 of the order under section 46110 of this title. The Administrator shall be

35 made a party to the judicial review proceedings. Findings of fact of the

36 Board are conclusive if supported by substantial evidence.

37 § 1154. Discovery and use of cockpit voice and other mate38 rial

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

40 subsection, a party in a judicial proceeding may not use discovery to ob41 tain—
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1 (A) any part of a cockpit voice recorder transcript that the National

2 Transportation Safety Board has not made available to the public

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

4 (B) a cockpit voice recorder recording.

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

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

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

8 (i) the part of the transcript made available to the public under sec9 tion 1114(c) of this title does not provide the party with sufficient in10 formation for the party to receive a fair trial; and

11 (ii) discovery of additional parts of the transcript is necessary to pro12 vide the party with sufficient information for the party to receive a fair

13 trial.

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

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

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

17 recording is not available.

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

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

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

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

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

23 paragraph (2) of this subsection do not provide the party with suffi24 cient information for the party to receive a fair trial; and

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

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

27 a fair trial.

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

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

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

31 shall issue a protective order—

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

33 the judicial proceeding; and

34 (ii) to prohibit dissemination of the part of the transcript or the re35 cording to any person that does not need access to the part of the tran36 script or the recording for the proceeding.

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

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

39 voice recorder recording to be admitted into evidence in a judicial proceed40 ing, only if the court places the part of the transcript or the recording under
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1 seal to prevent the use of the part of the transcript or the recording for

2 purposes other than for the proceeding.

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

4 time to cockpit voice recorder information in making safety recommenda5 tions.

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

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

8 in a civil action for damages resulting from a matter mentioned in the re9 port.

10 § 1155. Aviation penalties

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

12 (f)(1)(related to an aircraft accident) of this title or a regulation prescribed

13 or order issued under either of those sections is liable to the United States

14 Government for a civil penalty of not more than $1,000. A separate viola15 tion occurs for each day a violation continues.

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

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

18 the Uniform Code of Military Justice when the member or employee is per19 forming official duties. The appropriate military authorities are responsible

20 for taking necessary disciplinary action and submitting to the National

21 Transportation Safety Board a timely report on action taken.

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

23 under this subsection.

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

25 or compromised under this subsection from amounts it owes the person lia26 ble for the penalty.

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

28 civil action against the person liable for the penalty. The action shall con29 form as nearly as practicable to a civil action in admiralty.

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

31 removes, conceals, or withholds a part of a civil aircraft involved in an acci32 dent, or property on the aircraft at the time of the accident, shall be fined

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

34 SUBTITLE III—GENERAL AND INTERMODAL

35 PROGRAMS

CHAPTER Sec.

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

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

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

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

59. INTERMODAL SAFE CONTAINER TRANSPORTATION ....................... 5901
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1 CHAPTER 51—TRANSPORTATION OF HAZARDOUS

2 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.

3 § 5101. Purpose

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

5 risks to life and property inherent in the transportation of hazardous mate6 rial in commerce by improving the regulatory and enforcement authority of

7 the Secretary of Transportation.

8 § 5102. Definitions

9 In this chapter—

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

11 the United States—

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

13 or

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

15 State and a place outside of the State.

16 (2) ‘‘hazardous material’’ means a substance or material the Sec17 retary of Transportation designates under section 5103(a) of this title.

18 (3) ‘‘hazmat employee’’—

19 (A) means an individual—

20 (i) employed by a hazmat employer; and

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

22 hazardous material transportation safety as the Secretary de23 cides by regulation;
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1 (B) includes an owner-operator of a motor vehicle transporting

2 hazardous material in commerce; and

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

4 during the course of employment—

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

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

7 and packages represented as qualified for use in transporting

8 hazardous material;

9 (iii) prepares hazardous material for transportation;

10 (iv) is responsible for the safety of transporting hazardous

11 material; or

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

13 (4) ‘‘hazmat employer’’—

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

15 in connection with—

16 (i) transporting hazardous material in commerce;

17 (ii) causing hazardous material to be transported in com18 merce; or

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

20 drums, and packages represented as qualified for use in

21 transporting hazardous material;

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

23 hazardous material in commerce; and

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

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

26 subdivision of a State, or Indian tribe, carrying out an activity de27 scribed in subclause (A)(i), (ii), or (iii) of this clause (4).

28 (5) ‘‘imminent hazard’’ means the existence of a condition that pre29 sents a substantial likelihood that death, serious illness, severe personal

30 injury, or a substantial endangerment to health, property, or the envi31 ronment may occur before the reasonably foreseeable completion date

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

33 injury, or endangerment.

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

35 4 of the Indian Self-Determination and Education Assistance Act (25

36 U.S.C. 450b).

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

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

39 defined in section 10102 of this title.

40 (8) ‘‘national response team’’ means the national response team es41 tablished under the national contingency plan established under section
20

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1 105 of the Comprehensive Environmental Response, Compensation, and

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

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

4 (A) includes a government, Indian tribe, or authority of a gov5 ernment or tribe offering hazardous material for transportation in

6 commerce or transporting hazardous material to further a com7 mercial enterprise; but

8 (B) does not include—

9 (i) the United States Postal Service; and

10 (ii) in sections 5123 and 5124 of this title, a department,

11 agency, or instrumentality of the Government.

12 (10) ‘‘public sector employee’’—

13 (A) means an individual employed by a State, political subdivi14 sion of a State, or Indian tribe and who during the course of em15 ployment has responsibilities related to responding to an accident

16 or incident involving the transportation of hazardous material;

17 (B) includes an individual employed by a State, political subdivi18 sion of a State, or Indian tribe as a firefighter or law enforcement

19 officer; and

20 (C) includes an individual who volunteers to serve as a fire21 fighter for a State, political subdivision of a State, or Indian tribe.

22 (11) ‘‘State’’ means—

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

24 States, the District of Columbia, Puerto Rico, the Northern Mari25 ana Islands, the Virgin Islands, American Samoa, Guam, and any

26 other territory or possession of the United States designated by

27 the Secretary; and

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

29 and the District of Columbia.

30 (12) ‘‘transports’’ or ‘‘transportation’’ means the movement of prop31 erty and loading, unloading, or storage incidental to the movement.

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

33 § 5103. General regulatory authority

34 (a) DESIGNATING MATERIAL AS HAZARDOUS.—The Secretary of Trans35 portation shall designate material (including an explosive, radioactive mate36 rial, etiologic agent, flammable or combustible liquid or solid, poison, oxidiz37 ing or corrosive material, and compressed gas) or a group or class of mate38 rial as hazardous when the Secretary decides that transporting the material

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

40 risk to health and safety or property.
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1 (b) REGULATIONS FOR SAFE TRANSPORTATION.—(1) The Secretary shall

2 prescribe regulations for the safe transportation of hazardous material in

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

4 (A) apply to a person—

5 (i) transporting hazardous material in commerce;

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

7 or

8 (iii) manufacturing, fabricating, marking, maintaining, recondi9 tioning, repairing, or testing a package or container that is rep10 resented, marked, certified, or sold by that person as qualified for

11 use in transporting hazardous material in commerce; and

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

13 material the Secretary considers appropriate.

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

15 for informal oral presentations.

16 § 5104. Representation and tampering

17 (a) REPRESENTATION.—A person may represent, by marking or other18 wise, that—

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

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

21 package meets the requirements of each regulation prescribed under

22 this chapter; or

23 (2) hazardous material is present in a package, container, motor ve24 hicle, rail freight car, aircraft, or vessel only if the material is present.

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

26 tamper unlawfully with—

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

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

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

30 vessel used to transport hazardous material.

31 § 5105. Transporting certain highly radioactive material

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

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

34 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).

35 (b) TRANSPORTATION SAFETY STUDY.—In consultation with the Sec36 retary of Energy, the Nuclear Regulatory Commission, potentially affected

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

38 and shippers of high-level radioactive waste and spent nuclear fuel, the Sec39 retary of Transportation shall conduct a study comparing the safety of

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

41 spent nuclear fuel with the safety of using other methods of rail transpor-
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1 tation for transporting that waste and fuel. The Secretary of Transportation

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

3 the results of the study.

4 (c) SAFE RAIL TRANSPORTATION REGULATIONS.—Not later than Novem5 ber 16, 1992, after considering the results of the study conducted under

6 subsection (b) of this section, the Secretary of Transportation shall pre7 scribe amendments to existing regulations that the Secretary considers ap8 propriate to provide for the safe rail transportation of high-level radioactive

9 waste and spent nuclear fuel, including trains operated only for transporting

10 high-level radioactive waste and spent nuclear fuel.

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

12 the Secretary of Transportation shall conduct a study to decide which fac13 tors, if any, shippers and carriers should consider when selecting routes and

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

15 of high-level radioactive waste and spent nuclear fuel. The study shall in16 clude—

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

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

19 the overall public safety of the transportation:

20 (A) population densities.

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

22 highways, railbeds, and waterways).

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

24 fuel.

25 (D) emergency response capabilities.

26 (E) exposure and other risk factors.

27 (F) terrain considerations.

28 (G) continuity of routes.

29 (H) available alternative routes.

30 (I) environmental impact factors.

31 (e) INSPECTIONS OF MOTOR VEHICLES TRANSPORTING CERTAIN MATE32 RIAL.—(1) Not later than November 16, 1991, the Secretary of Transpor33 tation shall require by regulation that before each use of a motor vehicle

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

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

36 chapter and applicable United States motor carrier safety laws and regula37 tions. The Secretary may require that the inspection be carried out by an

38 authorized United States Government inspector or according to appropriate

39 State procedures.

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

41 causing to be transported a highway-route-controlled quantity of radioactive
23

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

2 to certify that the vehicle complies with this chapter. The inspector quali3 fication requirements the Secretary prescribes for an individual inspecting

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

5 paragraph.

6 § 5106. Handling criteria

7 The Secretary of Transportation may prescribe criteria for handling haz8 ardous material, including—

9 (1) a minimum number of personnel;

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

11 (3) the kind and frequency of inspections;

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

13 by the hazardous material;

14 (5) specifications for the use of equipment and facilities used in han15 dling and transporting the hazardous material; and

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

17 hazardous material.

18 § 5107. Hazmat employee training requirements and grants

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

20 prescribe by regulation requirements for training that a hazmat employer

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

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

23 preparedness for responding to an accident or incident involving the trans24 portation of hazardous material. The regulations—

25 (1) shall establish the date, as provided by subsection (b) of this sec26 tion, by which the training shall be completed; and

27 (2) may provide for different training for different classes or cat28 egories of hazardous material and hazmat employees.

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

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

31 months after the Secretary of Transportation prescribes the regulations

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

33 a reasonable period of time after—

34 (1) 6 months after the regulations are prescribed; or

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

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

37 hazmat employee after the 6-month period.

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

39 hazmat employer shall certify, with documentation the Secretary of Trans40 portation may require by regulation, that the hazmat employees of the em-
24

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1 ployer have received training and have been tested on appropriate transpor2 tation areas of responsibility, including at least one of the following:

3 (1) recognizing and understanding the Department of Transpor4 tation hazardous material classification system.

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

6 placarding, labeling, and marking systems.

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

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

9 incidental to transporting hazardous material.

10 (4) health, safety, and risk factors associated with hazardous mate11 rial and the transportation of hazardous material.

12 (5) appropriate emergency response and communication procedures

13 for dealing with an accident or incident involving hazardous material

14 transportation.

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

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

17 recognition of the limitations of those documents.

18 (7) applicable hazardous material transportation regulations.

19 (8) personal protection techniques.

20 (9) preparing a shipping document for transporting hazardous mate21 rial.

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

23 the Administrator of the Environmental Protection Agency and the Sec24 retary of Labor, the Secretary of Transportation shall ensure that the train25 ing requirements prescribed under this section do not conflict with—

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

27 related to hazardous waste operations and emergency response that are

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

29 (2) the regulations the Agency prescribes related to worker protec30 tion standards for hazardous waste operations that are contained in

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

32 (e) TRAINING GRANTS.—In consultation with the Secretaries of Trans33 portation and Labor and the Administrator, the Director of the National

34 Institute of Environmental Health Sciences may make grants to train

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

36 be made to a nonprofit organization that demonstrates—

37 (1) expertise in conducting a training program for hazmat employ38 ees; and

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

40 population of hazmat employees.
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1 (f) RELATIONSHIP TO OTHER LAWS.—(1) Chapter 35 of title 44 does not

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

3 (a)–(d) of this section.

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

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

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

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

8 prescribe or enforce standards or regulations affecting occupational safety

9 or health.

10 § 5108. Registration

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

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

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

14 following:

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

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

17 vehicle, rail car, or transport container.

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

19 Secretary designates as extremely toxic by inhalation.

20 (D) hazardous material in a bulk package, container, or tank, as de21 fined by the Secretary, if the package, container, or tank has a capacity

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

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

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

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

26 this chapter.

27 (2) The Secretary of Transportation may require any of the following per28 sons to file a registration statement with the Secretary under this sub29 section:

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

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

32 under paragraph (1) of this subsection.

33 (B) a person manufacturing, fabricating, marking, maintaining, re34 conditioning, repairing, or testing a package or container the person

35 represents, marks, certifies, or sells for use in transporting in com36 merce hazardous material the Secretary designates.

37 (3) A person required to file a registration statement under this sub38 section may transport or cause to be transported, or manufacture, fabricate,

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

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

41 file as required by this subsection.
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1 (b) FORM, CONTENTS, AND LIMITATION ON FILINGS.—(1) A registration

2 statement under subsection (a) of this section shall be in the form and con3 tain information the Secretary of Transportation requires by regulation. The

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

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

6 statement shall include—

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

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

9 filing a statement under subsection (a) of this section is required; and

10 (C) each State in which the person carries out the activity.

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

12 than one location, for which filing is required only has to file one registra13 tion statement to comply with subsection (a) of this section.

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

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

16 the first statement not later than March 31, 1992. The Secretary of Trans17 portation may extend that date to September 30, 1992, for activities re18 ferred to in subsection (a)(1) of this section. A person shall renew the state19 ment periodically consistent with regulations the Secretary prescribes, but

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

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

22 under what circumstances a registration statement must be amended and

23 the procedures to follow in amending the statement.

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

25 Transportation may take necessary action to simplify the registration proc26 ess under subsections (a)–(c) of this section and to minimize the number

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

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

29 (e) COOPERATION WITH ADMINISTRATOR.—The Administrator of the En30 vironmental Protection Agency shall assist the Secretary of Transportation

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

32 the Secretary with information the Secretary requests to carry out the ob33 jectives of subsections (a)–(g)(1) and (h).

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

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

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

37 However, this subsection does not require the release of information de38 scribed in section 552(f) of title 5 or otherwise protected by law from disclo39 sure to the public.

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

41 and collect from a person required to file a registration statement under
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1 subsection (a) of this section a fee necessary to pay for the costs of the Sec2 retary in processing the statement.

3 (2)(A) In addition to a fee established under paragraph (1) of this sub4 section, the Secretary of Transportation shall establish and impose by regu5 lation and collect an annual fee. Subject to subparagraph (B) of this para6 graph, the fee shall be at least $250 but not more than $5,000 from each

7 person required to file a registration statement under this section. The Sec8 retary shall determine the amount of the fee under this paragraph on at

9 least one of the following:

10 (i) gross revenue from transporting hazardous material.

11 (ii) the type of hazardous material transported or caused to be trans12 ported.

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

14 transported.

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

16 (v) the number of activities that the person carries out for which fil17 ing a registration statement is required under this section.

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

19 accident or incident involving the hazardous material transported or

20 caused to be transported.

21 (vii) the percentage of gross revenue derived from transporting haz22 ardous material.

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

24 5108(g)(2), 5115, and 5116 of this title.

25 (ix) other factors the Secretary considers appropriate.

26 (B) The Secretary of Transportation shall adjust the amount being col27 lected under this paragraph to reflect any unexpended balance in the ac28 count established under section 5116(i) of this title. However, the Secretary

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

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

31 Treasury amounts the Secretary of Transportation collects under this para32 graph for deposit in the account the Secretary of the Treasury establishes

33 under section 5116(i) of this title.

34 (h) MAINTAINING PROOF OF FILING AND PAYMENT OF FEES.—The Sec35 retary of Transportation may prescribe regulations requiring a person re36 quired to file a registration statement under subsection (a) of this section

37 to maintain proof of the filing and payment of fees imposed under sub38 section (g) of this section.

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

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

41 (a)–(g)(1) and (h) of this section.
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1 (2)(A) This section does not apply to an employee of a hazmat employer.

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

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

4 of a State or political subdivision of a State, or an employee of a depart5 ment, agency, instrumentality, or authority carrying out official duties.

6 § 5109. Motor carrier safety permits

7 (a) REQUIREMENT.—A motor carrier may transport or cause to be trans8 ported by motor vehicle in commerce hazardous material only if the carrier

9 holds a safety permit the Secretary of Transportation issues under this sec10 tion authorizing the transportation and keeps a copy of the permit, or other

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

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

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

14 (2) to comply with this chapter and regulations the Secretary pre15 scribes to carry out this chapter; and

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

17 and regulations and applicable minimum financial responsibility laws

18 and regulations.

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

20 regulation the hazardous material and amounts of hazardous material to

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

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

23 of—

24 (1) a class A or B explosive;

25 (2) liquefied natural gas;

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

27 by inhalation; and

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

29 defined by the Secretary.

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

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

32 The Secretary may approve any part of the application or deny the applica33 tion. The application shall be under oath and contain information the Sec34 retary requires by regulation.

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

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

37 revoke a safety permit, as provided by procedures prescribed under sub38 section (e) of this section, when the Secretary decides the motor carrier is

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

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

41 or regulation or minimum financial responsibility law or regulation.
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1 (2) If the Secretary decides an imminent hazard exists, the Secretary may

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

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

4 (1) application procedures, including form, content, and fees nec5 essary to recover the complete cost of carrying out this section;

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

7 safety permit;

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

9 (4) other procedures the Secretary considers appropriate to carry out

10 this section.

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

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

13 carrier only if the carrier has a safety permit issued under this section au14 thorizing the transportation.

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

16 safety permit issued under this section only if the carrier complies with con17 ditions the Secretary finds are required to protect public safety.

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

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

20 § 5110. Shipping papers and disclosure

21 (a) PROVIDING SHIPPING PAPERS.—Each person offering for transpor22 tation in commerce hazardous material to which the shipping paper require23 ments of the Secretary of Transportation apply shall provide to the carrier

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

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

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

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

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

29 shipping name;

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

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

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

33 for appropriate reference to the information (that must be available im34 mediately); and

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

36 mitigation information about the hazardous material at any time dur37 ing which the material is transported.

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

39 and the person offering the hazardous material for transportation if a pri40 vate motor carrier, shall keep the shipping paper on the vehicle transporting

41 the material.
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1 (2) Except as provided in paragraph (1) of this subsection, the shipping

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

3 train, vessel, aircraft, or facility until—

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

5 (B) the documents are made available to a representative of a de6 partment, agency, or instrumentality of the United States Government

7 or a State or local authority responding to an accident or incident in8 volving the motor vehicle, train, vessel, aircraft, or facility.

9 (d) DISCLOSURE TO EMERGENCY RESPONSE AUTHORITIES.—When an

10 incident involving hazardous material being transported in commerce occurs,

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

12 emergency response authorities, shall disclose to the authorities information

13 about the material.

14 § 5111. Rail tank cars

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

16 hazardous material in commerce only if the air brake equipment support at17 tachments of the car comply with the standards for attachments contained

18 in sections 179.100-16 and 179.200-19 of title 49, Code of Federal Regula19 tions, in effect on November 16, 1990.

20 § 5112. Highway routing of hazardous material

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

22 vehicle is transporting hazardous material in commerce for which placarding

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

24 However, the Secretary of Transportation by regulation may extend applica25 tion of this section or a standard prescribed under subsection (b) of this

26 section to—

27 (A) any use of a vehicle under this paragraph to transport any haz28 ardous material in commerce; and

29 (B) any motor vehicle used to transport hazardous material in com30 merce.

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

32 5125(c) of this title, each State and Indian tribe may establish, maintain,

33 and enforce—

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

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

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

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

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

39 States and Indian tribes to use in carrying out subsection (a) of this sec40 tion. The standards shall include—
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1 (A) a requirement that a highway routing designation, limitation, or

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

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

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

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

6 (B) minimum procedural requirements to ensure public participation

7 when the State or Indian tribe is establishing a highway routing des8 ignation, limitation, or requirement;

9 (C) a requirement that, in establishing a highway routing designa10 tion, limitation, or requirement, a State or Indian tribe consult with

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

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

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

14 with affected industries;

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

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

17 routing for the transportation of hazardous material between adjacent

18 areas;

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

20 requirement of one State or Indian tribe affecting the transportation

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

22 maintained, and enforced by the State or tribe establishing the designa23 tion, limitation, or requirement only if—

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

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

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

27 (ii) the designation, limitation, or requirement is not an unrea28 sonable burden on commerce;

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

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

31 a timely way;

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

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

34 motor vehicles transporting hazardous material to reach terminals, fa35 cilities for food, fuel, repairs, and rest, and places to load and unload

36 hazardous material;

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

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

39 with standards prescribed under this subsection in establishing,

40 maintaining, and enforcing a highway routing designation, limita41 tion, or requirement; and
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1 (ii) for resolving a dispute between political subdivisions; and

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

3 a State or Indian tribe shall consider—

4 (i) population densities;

5 (ii) the types of highways;

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

7 (iv) emergency response capabilities;

8 (v) the results of consulting with affected persons;

9 (vi) exposure and other risk factors;

10 (vii) terrain considerations;

11 (viii) the continuity of routes;

12 (ix) alternative routes;

13 (x) the effects on commerce;

14 (xi) delays in transportation; and

15 (xii) other factors the Secretary considers appropriate.

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

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

18 subsection.

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

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

21 hazardous material highway route designations.

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

23 for resolving a dispute related to through highway routing or to an agree24 ment with a proposed highway route designation, limitation, or requirement

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

26 tribes.

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

28 may petition the Secretary to resolve the dispute. The Secretary shall re29 solve the dispute not later than one year after receiving the petition. The

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

31 an unreasonable burden on commerce and shall ensure compliance with

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

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

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

35 earlier of—

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

37 (ii) the last day of the one-year period beginning on the day the Sec38 retary receives the petition.

39 (B) A State or Indian tribe adversely affected by a decision of the Sec40 retary under this subsection may bring a civil action for judicial review of
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1 the decision in an appropriate district court of the United States not later

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

3 (e) RELATIONSHIP TO OTHER LAWS.—This section and regulations pre4 scribed under this section do not affect sections 31111 and 31113 of this

5 title or section 127 of title 23.

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

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

8 to highway routing designations over which radioactive material may and

9 may not be transported by motor vehicles, and limitations and requirements

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

11 § 5113. Unsatisfactory safety rating

12 (a) PROHIBITED TRANSPORTATION.—A motor carrier receiving an unsat13 isfactory safety rating from the Secretary of Transportation has 45 days to

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

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

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

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

18 in section 31132 of this title)—

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

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

21 (2) to transport more than 15 individuals.

22 (b) RATING REVIEW.—The Secretary shall review the factors that re23 sulted in a motor carrier receiving an unsatisfactory rating not later than

24 30 days after the motor carrier requests a review.

25 (c) PROHIBITED GOVERNMENT USE.—A department, agency, or instru26 mentality of the United States Government may not use a motor carrier

27 that has an unsatisfactory rating from the Secretary—

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

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

30 (2) to transport more than 15 individuals.

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

32 in consultation with the Interstate Commerce Commission, shall prescribe

33 regulations amending the motor carrier safety regulations in subchapter B

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

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

36 ratings of motor carriers that have unsatisfactory ratings from the Sec37 retary.

38 § 5114. Air transportation of ionizing radiation material

39 (a) TRANSPORTING IN AIR COMMERCE.—Material that emits ionizing ra40 diation spontaneously may be transported on a passenger-carrying aircraft

41 in air commerce (as defined in section 40102(a) of this title) only if the
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1 material is intended for a use in, or incident to, research or medical diag2 nosis or treatment and does not present an unreasonable hazard to health

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

4 (b) PROCEDURES.—The Secretary of Transportation shall prescribe pro5 cedures for monitoring and enforcing regulations prescribed under this sec6 tion.

7 (c) NONAPPLICATION.—This section does not apply to material the Sec8 retary decides does not pose a significant hazard to health or safety when

9 transported because of its low order of radioactivity.

10 § 5115. Training curriculum for the public sector

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

12 in coordination with the Director of the Federal Emergency Management

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

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

15 Health and Human Services, and Director of the National Institute of Envi16 ronmental Health Sciences, and using the existing coordinating mechanisms

17 of the national response team and, for radioactive material, the Federal Ra18 diological Preparedness Coordinating Committee, the Secretary of Transpor19 tation shall develop and update periodically a curriculum consisting of a list

20 of courses necessary to train public sector emergency response and pre21 paredness teams. Only in developing the curriculum, the Secretary of Trans22 portation shall consult with regional response teams established under the

23 national contingency plan established under section 105 of the Comprehen24 sive Environmental Response, Compensation, and Liability Act of 1980 (42

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

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

27 (42 U.S.C. 11001), persons (including governmental entities) that provide

28 training for responding to accidents and incidents involving the transpor29 tation of hazardous material, and representatives of persons that respond

30 to those accidents and incidents.

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

32 this section—

33 (1) shall include—

34 (A) a recommended course of study to train public sector em35 ployees to respond to an accident or incident involving the trans36 portation of hazardous material and to plan for those responses;

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

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

39 respond safely and efficiently to an accident or incident involving

40 the transportation of hazardous material and to plan those re41 sponses; and
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1 (C) appropriate emergency response training and planning pro2 grams for public sector employees developed under other United

3 States Government grant programs, including those developed with

4 grants made under section 126 of the Superfund Amendments and

5 Reauthorization Act of 1986 (42 U.S.C. 9660a); and

6 (2) may include recommendations on material appropriate for use in

7 a recommended basic course described in clause (1)(B) of this sub8 section.

9 (c) TRAINING ON COMPLYING WITH LEGAL REQUIREMENTS.—A rec10 ommended basic course described in subsection (b)(1)(B) of this section

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

12 with—

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

14 response contained in part 1910 of title 29, Code of Federal Regula15 tions, prescribed by the Secretary of Labor;

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

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

18 Regulations, prescribed by the Administrator; and

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

20 the National Fire Protection Association.

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

22 team—

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

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

25 the regional response teams and all committees and commissions estab26 lished under section 301 of the Emergency Planning and Community

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

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

29 that uses a course developed under this section for training public sec30 tor employees to respond to an accident or incident involving the trans31 portation of hazardous material.

32 § 5116. Planning and training grants, monitoring, and re33 view

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

35 grants to States—

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

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

38 U.S.C. 11001 et seq.), including ascertaining flow patterns of hazard39 ous material in a State and between States; and

40 (B) to decide on the need for a regional hazardous material emer41 gency response team.
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1 (2) The Secretary of Transportation may make a grant to a State under

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

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

4 amounts of the United States Government) to develop, improve, and

5 carry out emergency plans under the Act will at least equal the average

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

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

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

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

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

11 Act.

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

13 grants to States and Indian tribes to train public sector employees to re14 spond to accidents and incidents involving hazardous material.

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

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

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

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

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

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

21 level of expenditure for the last 2 fiscal years;

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

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

24 fiscal year, for training public sector employees to respond to an acci25 dent or incident involving hazardous material—

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

27 title; or

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

29 objectives of this section; and

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

31 percent of the amount of the grant under paragraph (1) of this sub32 section in the fiscal year for training public sector employees a political

33 subdivision of the State employs or uses.

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

35 (A) to pay—

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

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

38 facility;

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

40 facility; and

41 (iv) travel expenses of individuals providing the training;
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1 (B) by the State, political subdivision, or Indian tribe to provide the

2 training; and

3 (C) to make an agreement the Secretary of Transportation approves

4 authorizing a person (including an authority of a State or political sub5 division of a State or Indian tribe) to provide the training—

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

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

8 training without prior notice; and

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

10 of the training each year.

11 (4) The Secretary of Transportation shall allocate amounts made avail12 able for grants under this subsection for a fiscal year among eligible States

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

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

15 shall consider—

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

17 land under the jurisdiction of the tribe;

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

19 State or on that land;

20 (C) whether the State or tribe imposes and collects a fee on trans21 porting hazardous material;

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

23 transporting hazardous material; and

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

25 this subsection.

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

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

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

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

30 U.S.C. 11001, 11003).

31 (d) APPLICATIONS.—A State or Indian tribe interested in receiving a

32 grant under this section shall submit an application to the Secretary of

33 Transportation. The application must be submitted at the time, and contain

34 information, the Secretary requires by regulation to carry out the objectives

35 of this section.

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

37 80 percent of the cost the State or Indian tribe incurs in the fiscal year

38 to carry out the activity for which the grant is made. Amounts of the State

39 or tribe under subsections (a)(2)(A) and (b)(2)(A) of this section are not

40 part of the non-Government share under this subsection.
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1 (f) MONITORING AND TECHNICAL ASSISTANCE.—In coordination with the

2 Secretaries of Transportation and Energy, Administrator of the Environ3 mental Protection Agency, and Director of the National Institute of Envi4 ronmental Health Sciences, the Director of the Federal Emergency Manage5 ment Agency shall monitor public sector emergency response planning and

6 training for an accident or incident involving hazardous material. Consider7 ing the results of the monitoring, the Secretaries, Administrator, and Direc8 tors each shall provide technical assistance to a State, political subdivision

9 of a State, or Indian tribe for carrying out emergency response training and

10 planning for an accident or incident involving hazardous material and shall

11 coordinate the assistance using the existing coordinating mechanisms of the

12 national response team and, for radioactive material, the Federal Radiologi13 cal Preparedness Coordinating Committee.

14 (g) DELEGATION OF AUTHORITY.—To minimize administrative costs and

15 to coordinate Government grant programs for emergency response training

16 and planning, the Secretary of Transportation may delegate to the Directors

17 of the Federal Emergency Management Agency and National Institute of

18 Environmental Health Sciences, Chairman of the Nuclear Regulatory Com19 mission, Administrator of the Environmental Protection Agency, and Sec20 retaries of Labor and Energy any of the following:

21 (1) authority to receive applications for grants under this section.

22 (2) authority to review applications for technical compliance with this

23 section.

24 (3) authority to review applications to recommend approval or dis25 approval.

26 (4) any other ministerial duty associated with grants under this sec27 tion.

28 (h) MINIMIZING DUPLICATION OF EFFORT AND EXPENSES.—The Sec29 retaries of Transportation, Labor, and Energy, Directors of the Federal

30 Emergency Management Agency and National Institute of Environmental

31 Health Sciences, Chairman of the Nuclear Regulatory Commission, and Ad32 ministrator of the Environmental Protection Agency shall review periodi33 cally, with the head of each department, agency, or instrumentality of the

34 Government, all emergency response and preparedness training programs of

35 that department, agency, or instrumentality to minimize duplication of ef36 fort and expense of the department, agency, or instrumentality in carrying

37 out the programs and shall take necessary action to minimize duplication.

38 (i) ANNUAL REGISTRATION FEE ACCOUNT AND ITS USES.—The Sec39 retary of the Treasury shall establish an account in the Treasury into which

40 the Secretary of the Treasury shall deposit amounts the Secretary of Trans41 portation collects under section 5108(g)(2)(A) of this title and transfers to
39

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1 the Secretary of the Treasury under section 5108(g)(2)(C) of this title.

2 Without further appropriation, amounts in the account are available—

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

4 title;

5 (2) to monitor and provide technical assistance under subsection (f)

6 of this section; and

7 (3) to pay administrative costs of carrying out this section and sec8 tions 5107(e), 5108(g)(2), and 5115 of this title, except that not more

9 than 10 percent of the amounts made available from the account in a

10 fiscal year may be used to pay those costs.

11 § 5117. Exemptions and exclusions

12 (a) AUTHORITY TO EXEMPT.—(1) As provided under procedures pre13 scribed by regulation, the Secretary of Transportation may issue an exemp14 tion from this chapter or a regulation prescribed under section 5103(b),

15 5104, 5110, or 5112 of this title to a person transporting, or causing to

16 be transported, hazardous material in a way that achieves a safety level—

17 (A) at least equal to the safety level required under this chapter; or

18 (B) consistent with the public interest and this chapter, if a required

19 safety level does not exist.

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

21 years and may be renewed on application to the Secretary.

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

23 exemption under this section, the person must provide a safety analysis pre24 scribed by the Secretary that justifies the exemption. The Secretary shall

25 publish in the Federal Register notice that an application for an exemption

26 has been filed and shall give the public an opportunity to inspect the safety

27 analysis and comment on the application. This subsection does not require

28 the release of information protected by law from public disclosure.

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

30 chapter and regulations prescribed under this chapter—

31 (A) a public vessel (as defined in section 2101 of title 46);

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

33 37 of title 46; and

34 (C) a vessel to the extent it is regulated under the Ports and Water35 ways Safety Act of 1972 (33 U.S.C. 1221 et seq.).

36 (2) This chapter and regulations prescribed under this chapter do not

37 prohibit—

38 (A) or regulate transportation of a firearm (as defined in section 232

39 of title 18), or ammunition for a firearm, by an individual for personal

40 use; or

41 (B) transportation of a firearm or ammunition in commerce.
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1 (d) LIMITATION ON AUTHORITY.—Unless the Secretary decides that an

2 emergency exists, an exemption or renewal granted under this section is the

3 only way a person subject to this chapter may be exempt from this chapter.

4 § 5118. Inspectors

5 (a) GENERAL REQUIREMENT.—The Secretary of Transportation shall

6 maintain the employment of 30 hazardous material safety inspectors more

7 than the total number of safety inspectors authorized for the fiscal year that

8 ended September 30, 1990, for the Federal Railroad Administration, the

9 Federal Highway Administration, and the Research and Special Programs

10 Administration.

11 (b) ALLOCATION TO PROMOTE SAFETY IN TRANSPORTING RADIOACTIVE

12 MATERIAL.—(1) The Secretary shall ensure that 10 of the 30 additional in13 spectors focus on promoting safety in transporting radioactive material, as

14 defined by the Secretary, including inspecting—

15 (A) at the place of origin, shipments of high-level radioactive waste

16 or nuclear spent material (as those terms are defined in section

17 5105(a) of this title); and

18 (B) to the maximum extent practicable shipments of radioactive ma19 terial that are not high-level radioactive waste or nuclear spent mate20 rial.

21 (2) In carrying out their duties, those 10 additional inspectors shall co22 operate to the greatest extent possible with safety inspectors of the Nuclear

23 Regulatory Commission and appropriate State and local government offi24 cials.

25 (3) Those 10 additional inspectors shall be allocated as follows:

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

27 (B) 3 to the Federal Railroad Administration.

28 (C) 3 to the Federal Highway Administration.

29 (D) the other 3 among the administrations referred to in clauses

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

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

32 as the Secretary decides, the 20 additional inspectors authorized under this

33 section and not allocated under subsection (b) of this section among the ad34 ministrations referred to in subsection (b)(3)(A)–(C) of this section.

35 § 5119. Uniform forms and procedures

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

37 a working group of State and local government officials, including rep38 resentatives of the National Governors’ Association, the National Associa39 tion of Counties, the National League of Cities, the United States Con40 ference of Mayors, and the National Conference of State Legislatures. The

41 purposes of the working group are—
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1 (1) to establish uniform forms and procedures for a State—

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

3 hazardous material by motor vehicle in the State; and

4 (B) to allow the transportation of hazardous material in the

5 State; and

6 (2) to decide whether to limit the filing of any State registration and

7 permit forms and collection of filing fees to the State in which the per8 son resides or has its principal place of business.

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

10 (1) shall consult with persons subject to registration and permit re11 quirements described in subsection (a) of this section; and

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

13 the Committee on Commerce, Science, and Transportation of the Sen14 ate, and the Committee on Public Works and Transportation of the

15 House of Representatives a final report that contains—

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

17 (B) its joint recommendations on the matters referred to in sub18 section (a) of this section.

19 (c) REGULATIONS ON RECOMMENDATIONS.—(1) The Secretary shall pre20 scribe regulations to carry out the recommendations contained in the report

21 submitted under subsection (b) of this section with which the Secretary

22 agrees. The regulations shall be prescribed by the later of the last day of

23 the 3-year period beginning on the date the working group submitted its

24 report or the last day of the 90-day period beginning on the date on which

25 at least 26 States adopt all of the recommendations of the report. A regula26 tion prescribed under this subsection may not define or limit the amount

27 of a fee a State may impose or collect.

28 (2) A regulation prescribed under this subsection takes effect one year

29 after it is prescribed. The Secretary may extend the one-year period for an

30 additional year for good cause. After a regulation is effective, a State may

31 establish, maintain, or enforce a requirement related to the same subject

32 matter only if the requirement is the same as the regulation.

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

34 a procedure to eliminate differences in how States carry out a regulation

35 prescribed under this subsection.

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

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

38 § 5120. International uniformity of standards and require39 ments

40 (a) PARTICIPATION IN INTERNATIONAL FORUMS.—Subject to guidance

41 and direction from the Secretary of State, the Secretary of Transportation
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1 shall participate in international forums that establish or recommend man2 datory standards and requirements for transporting hazardous material in

3 international commerce.

4 (b) CONSULTATION.—The Secretary of Transportation may consult with

5 interested authorities to ensure that, to the extent practicable, regulations

6 the Secretary prescribes under sections 5103(b), 5104, 5110, and 5112 of

7 this title are consistent with standards related to transporting hazardous

8 material that international authorities adopt.

9 (c) DIFFERENCES WITH INTERNATIONAL STANDARDS AND REQUIRE10 MENTS.—This section—

11 (1) does not require the Secretary of Transportation to prescribe a

12 standard identical to a standard adopted by an international authority

13 if the Secretary decides the standard is unnecessary or unsafe; and

14 (2) does not prohibit the Secretary from prescribing a safety require15 ment more stringent than a requirement included in a standard adopt16 ed by an international authority if the Secretary decides the require17 ment is necessary in the public interest.

18 § 5121. Administrative

19 (a) GENERAL AUTHORITY.—To carry out this chapter, the Secretary of

20 Transportation may investigate, make reports, issue subpenas, conduct

21 hearings, require the production of records and property, take depositions,

22 and conduct research, development, demonstration, and training activities.

23 After notice and an opportunity for a hearing, the Secretary may issue an

24 order requiring compliance with this chapter or a regulation prescribed

25 under this chapter.

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

27 chapter shall—

28 (1) maintain records, make reports, and provide information the Sec29 retary by regulation or order requires; and

30 (2) make the records, reports, and information available when the

31 Secretary requests.

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

33 or agent to inspect, at a reasonable time and in a reasonable way, records

34 and property related to—

35 (A) manufacturing, fabricating, marking, maintaining, recondition36 ing, repairing, testing, or distributing a package or container for use

37 by a person in transporting hazardous material in commerce; or

38 (B) the transportation of hazardous material in commerce.

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

40 proper credentials when requested.
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1 (d) FACILITY, STAFF, AND REPORTING SYSTEM ON RISKS, EMER2 GENCIES, AND ACTIONS.—(1) The Secretary shall—

3 (A) maintain a facility and technical staff sufficient to provide, with4 in the United States Government, the capability of evaluating a risk

5 related to the transportation of hazardous material and material al6 leged to be hazardous;

7 (B) maintain a central reporting system and information center ca8 pable of providing information and advice to law enforcement and fire9 fighting personnel, other interested individuals, and officers and em10 ployees of the Government and State and local governments on meeting

11 an emergency related to the transportation of hazardous material; and

12 (C) conduct a continuous review on all aspects of transporting haz13 ardous material to decide on and take appropriate actions to ensure

14 safe transportation of hazardous material.

15 (2) Paragraph (1) of this subsection does not prevent the Secretary from

16 making a contract with a private entity for use of a supplemental reporting

17 system and information center operated and maintained by the contractor.

18 (e) ANNUAL REPORT.—The Secretary shall submit to the President, for

19 submission to Congress, not later than June 15th of each year, a report

20 about the transportation of hazardous material during the prior calendar

21 year. The report shall include—

22 (1) a statistical compilation of accidents and casualties related to the

23 transportation of hazardous material;

24 (2) a list and summary of applicable Government regulations, cri25 teria, orders, and exemptions;

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

27 (4) an evaluation of the effectiveness of enforcement activities and

28 the degree of voluntary compliance with regulations;

29 (5) a summary of outstanding problems in carrying out this chapter

30 in order of priority; and

31 (6) recommendations for appropriate legislation.

32 § 5122. Enforcement

33 (a) GENERAL.—At the request of the Secretary of Transportation, the

34 Attorney General may bring a civil action in an appropriate district court

35 of the United States to enforce this chapter or a regulation prescribed or

36 order issued under this chapter. The court may award appropriate relief,

37 including punitive damages.

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

39 an imminent hazard exists, the Secretary may bring a civil action in an ap40 propriate district court of the United States—
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1 (A) to suspend or restrict the transportation of the hazardous mate2 rial responsible for the hazard; or

3 (B) to eliminate or ameliorate the hazard.

4 (2) On request of the Secretary, the Attorney General shall bring an ac5 tion under paragraph (1) of this subsection.

6 § 5123. Civil penalty

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

8 regulation prescribed or order issued under this chapter is liable to the

9 United States Government for a civil penalty of at least $250 but not more

10 than $25,000 for each violation. A person acts knowingly when—

11 (A) the person has actual knowledge of the facts giving rise to the

12 violation; or

13 (B) a reasonable person acting in the circumstances and exercising

14 reasonable care would have that knowledge.

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

16 a person that transports or causes to be transported hazardous material,

17 continues.

18 (b) HEARING REQUIREMENT.—The Secretary of Transportation may find

19 that a person has violated this chapter or a regulation prescribed under this

20 chapter only after notice and an opportunity for a hearing. The Secretary

21 shall impose a penalty under this section by giving the person written notice

22 of the amount of the penalty.

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

24 penalty under this section, the Secretary shall consider—

25 (1) the nature, circumstances, extent, and gravity of the violation;

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

27 of prior violations, the ability to pay, and any effect on the ability to

28 continue to do business; and

29 (3) other matters that justice requires.

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

31 civil action in an appropriate district court of the United States to collect

32 a civil penalty under this section.

33 (e) COMPROMISE.—The Secretary may compromise the amount of a civil

34 penalty imposed under this section before referral to the Attorney General.

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

36 imposed or compromised under this section from amounts it owes the person

37 liable for the penalty.

38 (g) DEPOSITING AMOUNTS COLLECTED.—Amounts collected under this

39 section shall be deposited in the Treasury as miscellaneous receipts.
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1 § 5124. Criminal penalty

2 A person knowingly violating section 5104(b) of this title or willfully vio3 lating this chapter or a regulation prescribed or order issued under this

4 chapter shall be fined under title 18, imprisoned for not more than 5 years,

5 or both.

6 § 5125. Preemption

7 (a) GENERAL.—Except as provided in subsections (b), (c), and (e) of this

8 section, a requirement of a State, political subdivision of a State, or Indian

9 tribe is preempted if—

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

11 or tribe and a requirement of this chapter or a regulation prescribed

12 under this chapter is not possible; or

13 (2) the requirement of the State, political subdivision, or tribe, as

14 applied or enforced, is an obstacle to accomplishing and carrying out

15 this chapter or a regulation prescribed under this chapter.

16 (b) SUBSTANTIVE DIFFERENCES.—(1) Except as provided in subsection

17 (c) of this section, a law, regulation, order, or other requirement of a State,

18 political subdivision of a State, or Indian tribe about any of the following

19 subjects, that is not substantively the same as a provision of this chapter

20 or a regulation prescribed under this chapter, is preempted:

21 (A) the designation, description, and classification of hazardous ma22 terial.

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

24 placarding of hazardous material.

25 (C) the preparation, execution, and use of shipping documents relat26 ed to hazardous material and requirements related to the number, con27 tents, and placement of those documents.

28 (D) the written notification, recording, and reporting of the uninten29 tional release in transportation of hazardous material.

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

31 reconditioning, repairing, or testing of a package or container rep32 resented, marked, certified, or sold as qualified for use in transporting

33 hazardous material.

34 (2) If the Secretary of Transportation prescribes or has prescribed under

35 section 5103(b), 5104, 5110, or 5112 of this title or prior comparable provi36 sion of law a regulation or standard related to a subject referred to in para37 graph (1) of this subsection, a State, political subdivision of a State, or In38 dian tribe may prescribe, issue, maintain, and enforce only a law, regulation,

39 standard, or order about the subject that is substantively the same as a pro40 vision of this chapter or a regulation prescribed or order issued under this

41 chapter. The Secretary shall decide on and publish in the Federal Register
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1 the effective date of section 5103(b) of this title for any regulation or stand2 ard about any of those subjects that the Secretary prescribes after Novem3 ber 16, 1990. However, the effective date may not be earlier than 90 days

4 after the Secretary prescribes the regulation or standard nor later than the

5 last day of the 2-year period beginning on the date the Secretary prescribes

6 the regulation or standard.

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

8 a fine or penalty the Secretary decides is appropriate for a violation related

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

10 fine or penalty may not be imposed by any other authority.

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

12 provided in paragraph (2) of this subsection, after the last day of the 2-

13 year period beginning on the date a regulation is prescribed under section

14 5112(b) of this title, a State or Indian tribe may establish, maintain, or en15 force a highway routing designation over which hazardous material may or

16 may not be transported by motor vehicles, or a limitation or requirement

17 related to highway routing, only if the designation, limitation, or require18 ment complies with section 5112(b).

19 (2)(A) A highway routing designation, limitation, or requirement estab20 lished before the date a regulation is prescribed under section 5112(b) of

21 this title does not have to comply with section 5112(b)(1)(B), (C), and (F).

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

23 or Indian tribe to comply with section 5112(b)(1)(I) if the highway routing

24 designation, limitation, or requirement was established before November 16,

25 1990.

26 (C) The Secretary may allow a highway routing designation, limitation,

27 or requirement to continue in effect until a dispute related to the designa28 tion, limitation, or requirement is resolved under section 5112(d) of this

29 title.

30 (d) DECISIONS ON PREEMPTION.—(1) A person (including a State, politi31 cal subdivision of a State, or Indian tribe) directly affected by a requirement

32 of a State, political subdivision, or tribe may apply to the Secretary, as pro33 vided by regulations prescribed by the Secretary, for a decision on whether

34 the requirement is preempted by subsection (a), (b)(1), or (c) of this sec35 tion. The Secretary shall publish notice of the application in the Federal

36 Register. After notice is published, an applicant may not seek judicial relief

37 on the same or substantially the same issue until the Secretary takes final

38 action on the application or until 180 days after the application is filed,

39 whichever occurs first.
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1 (2) After consulting with States, political subdivisions of States, and In2 dian tribes, the Secretary shall prescribe regulations for carrying out para3 graph (1) of this subsection.

4 (3) Subsection (a) of this section does not prevent a State, political sub5 division of a State, or Indian tribe, or another person directly affected by

6 a requirement, from seeking a decision on preemption from a court of com7 petent jurisdiction instead of applying to the Secretary under paragraph (1)

8 of this subsection.

9 (e) WAIVER OF PREEMPTION.—A State, political subdivision of a State,

10 or Indian tribe may apply to the Secretary for a waiver of preemption of

11 a requirement the State, political subdivision, or tribe acknowledges is pre12 empted by subsection (a), (b)(1), or (c) of this section. Under a procedure

13 the Secretary prescribes by regulation, the Secretary may waive preemption

14 on deciding the requirement—

15 (1) provides the public at least as much protection as do require16 ments of this chapter and regulations prescribed under this chapter;

17 and

18 (2) is not an unreasonable burden on commerce.

19 (f) JUDICIAL REVIEW.—A party to a proceeding under subsection (d) or

20 (e) of this section may bring a civil action in an appropriate district court

21 of the United States for judicial review of the decision of the Secretary not

22 later than 60 days after the decision becomes final.

23 (g) FEES.—A State, political subdivision of a State, or Indian tribe may

24 impose a fee related to transporting hazardous material only if the fee is

25 fair and used for a purpose related to transporting hazardous material, in26 cluding enforcement and planning, developing, and maintaining a capability

27 for emergency response.

28 § 5126. Relationship to other laws

29 (a) CONTRACTS.—A person under contract with a department, agency, or

30 instrumentality of the United States Government that transports or causes

31 to be transported hazardous material, or manufactures, fabricates, marks,

32 maintains, reconditions, repairs, or tests a package or container that the

33 person represents, marks, certifies, or sells as qualified for use in transport34 ing hazardous material must comply with this chapter, regulations pre35 scribed and orders issued under this chapter, and all other requirements of

36 the Government, State and local governments, and Indian tribes (except a

37 requirement preempted by a law of the United States) in the same way and

38 to the same extent that any person engaging in that transportation, manu39 facturing, fabricating, marking, maintenance, reconditioning, repairing, or

40 testing that is in or affects commerce must comply with the provision, regu41 lation, order, or requirement.
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1 (b) NONAPPLICATION.—This chapter does not apply to—

2 (1) a pipeline subject to regulation under chapter 601 of this title;

3 or

4 (2) any matter that is subject to the postal laws and regulations of

5 the United States under this chapter or title 18 or 39.

6 § 5127. Authorization of appropriations

7 (a) GENERAL.—Not more than $18,000,000 may be appropriated to the

8 Secretary of Transportation for the fiscal year ending September 30, 1993,

9 to carry out this chapter (except sections 5107(e), 5108(g)(2), 5113, 5115,

10 5116, and 5119).

11 (b) HAZMAT EMPLOYEE TRAINING.—Not more than $250,000 is avail12 able to the Director of the National Institute of Environmental Health

13 Sciences from the account established under section 5116(i) of this title for

14 each of the fiscal years ending September 30, 1993–1998, to carry out sec15 tion 5107(e) of this title.

16 (c) TRAINING CURRICULUM.—(1) Not more than $1,000,000 is available

17 to the Secretary of Transportation from the account established under sec18 tion 5116(i) of this title for each of the fiscal years ending September 30,

19 1993–1998, to carry out section 5115 of this title.

20 (2) The Secretary of Transportation may transfer to the Director of the

21 Federal Emergency Management Agency from amounts available under this

22 subsection amounts necessary to carry out section 5115(d)(1) of this title.

23 (d) PLANNING AND TRAINING.—(1) Not more than $5,000,000 is avail24 able to the Secretary of Transportation from the account established under

25 section 5116(i) of this title for each of the fiscal years ending September

26 30, 1993–1998, to carry out section 5116(a) of this title.

27 (2) Not more than $7,800,000 is available to the Secretary of Transpor28 tation from the account established under section 5116(i) of this title for

29 each of the fiscal years ending September 30, 1993–1998, to carry out sec30 tion 5116(b) of this title.

31 (3) Not more than the following amounts are available from the account

32 established under section 5116(i) of this title for each of the fiscal years

33 ending September 30, 1993–1998, to carry out section 5116(f) of this title:

34 (A) $750,000 each to the Secretaries of Transportation and Energy,

35 Administrator of the Environmental Protection Agency, and Director of

36 the Federal Emergency Management Agency.

37 (B) $200,000 to the Director of the National Institute of Environ38 mental Health Sciences.

39 (e) UNIFORM FORMS AND PROCEDURES.—Not more than $400,000 may

40 be appropriated to the Secretary of Transportation for the fiscal year end41 ing September 30, 1993, to carry out section 5119 of this title.
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1 (f) CREDITS TO APPROPRIATIONS.—The Secretary of Transportation may

2 credit to any appropriation to carry out this chapter an amount received

3 from a State, Indian tribe, or other public authority or private entity for

4 expenses the Secretary incurs in providing training to the State, authority,

5 or entity.

6 (g) AVAILABILITY OF AMOUNTS.—Amounts available under subsections

7 (c)–(e) of this section remain available until expended.

8 CHAPTER 53—MASS TRANSPORTATION

Sec.

5301. Policies, findings, and purposes.

5302. Definitions.

5303. Metropolitan planning.

5304. Transportation improvement program.

5305. Transportation management areas.

5306. Private enterprise participation in metropolitan planning and transportation improvement programs and relationship to other limitations.

5307. Block grants.

5308. Mass Transit Account block grants.

5309. Discretionary grants and loans.

5310. Grants and loans for special needs of elderly individuals and individuals with disabilities.

5311. Financial assistance for other than urbanized areas.

5312. Research, development, demonstration, and training projects.

5313. State planning and research programs.

5314. National planning and research programs.

5315. National mass transportation institute.

5316. University research institutes.

5317. Transportation centers.

5318. Bus testing facility.

5319. Bicycle facilities.

5320. Suspended light rail system technology pilot project.

5321. Crime prevention and security.

5322. Human resource programs.

5323. General provisions on assistance.

5324. Limitations on discretionary and special needs grants and loans.

5325. Contract requirements.

5326. Special procurements.

5327. Project management oversight.

5328. Project review.

5329. Investigation of safety hazards.

5330. Withholding amounts for noncompliance with safety requirements.

5331. Alcohol and controlled substances testing.

5332. Nondiscrimination.

5333. Labor standards.

5334. Administrative.

5335. Reports and audits.

5336. Apportionment of appropriations for block grants.

5337. Apportionment of appropriations for fixed guideway modernization.

5338. Authorizations.

9 § 5301. Policies, findings, and purposes

10 (a) DEVELOPMENT OF TRANSPORTATION SYSTEMS.—It is in the interest

11 of the United States to encourage and promote the development of transpor12 tation systems that embrace various modes of transportation and efficiently

13 maximize mobility of individuals and goods in and through urbanized areas

14 and minimize transportation-related fuel consumption and air pollution.

15 (b) GENERAL FINDINGS.—Congress finds that—
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1 (1) more than 70 percent of the population of the United States is

2 located in rapidly expanding urban areas that generally cross the

3 boundary lines of local jurisdictions and often extend into at least 2

4 States;

5 (2) the welfare and vitality of urban areas, the satisfactory move6 ment of people and goods within those areas, and the effectiveness of

7 programs aided by the United States Government are jeopardized by

8 deteriorating or inadequate urban transportation service and facilities,

9 the intensification of traffic congestion, and the lack of coordinated,

10 comprehensive, and continuing development planning;

11 (3) transportation is the lifeblood of an urbanized society, and the

12 health and welfare of an urbanized society depend on providing effi13 cient, economical, and convenient transportation in and between urban

14 areas;

15 (4) for many years the mass transportation industry capably and

16 profitably satisfied the transportation needs of the urban areas of the

17 United States but in the early 1970’s continuing even minimal mass

18 transportation service in urban areas was threatened because maintain19 ing that transportation service was financially burdensome;

20 (5) ending that transportation, or the continued increase in its cost

21 to the user, is undesirable and may affect seriously and adversely the

22 welfare of a substantial number of lower income individuals;

23 (6) some urban areas were developing preliminary plans for, or car24 rying out, projects in the early 1970’s to revitalize their mass transpor25 tation operations;

26 (7) significant mass transportation improvements are necessary to

27 achieve national goals for improved air quality, energy conservation,

28 international competitiveness, and mobility for elderly individuals, indi29 viduals with disabilities, and economically disadvantaged individuals in

30 urban and rural areas of the United States;

31 (8) financial assistance by the Government to develop efficient and

32 coordinated mass transportation systems is essential to solve the urban

33 transportation problems referred to in clause (2) of this subsection; and

34 (9) immediate substantial assistance by the Government is needed to

35 enable mass transportation systems to continue providing vital trans36 portation service.

37 (c) RAPID URBANIZATION AND CONTINUING POPULATION DISPERSAL.—

38 Rapid urbanization and continuing dispersal of the population and activities

39 in urban areas have made the ability of all citizens to move quickly and at

40 a reasonable cost an urgent problem of the Government.
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1 (d) ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES.—It is

2 the policy of the Government that elderly individuals and individuals with

3 disabilities have the same right as other individuals to use mass transpor4 tation service and facilities. Special efforts shall be made in planning and

5 designing mass transportation service and facilities to ensure that mass

6 transportation can be used by elderly individuals and individuals with dis7 abilities. All programs of the Government assisting mass transportation

8 shall carry out this policy.

9 (e) PRESERVING THE ENVIRONMENT.—It is the policy of the Government

10 that special effort shall be made to preserve the natural beauty of the coun11 tryside, public park and recreation lands, wildlife and waterfowl refuges,

12 and important historical and cultural assets when planning, designing, and

13 carrying out an urban mass transportation capital project with assistance

14 from the Government under sections 5309 and 5310 of this title.

15 (f) GENERAL PURPOSES.—The purposes of this chapter are—

16 (1) to assist in developing improved mass transportation equipment,

17 facilities, techniques, and methods with the cooperation of public and

18 private mass transportation companies;

19 (2) to encourage the planning and establishment of areawide urban

20 mass transportation systems needed for economical and desirable urban

21 development with the cooperation of public and private mass transpor22 tation companies;

23 (3) to assist States and local governments and their authorities in

24 financing areawide urban mass transportation systems that are to be

25 operated by public or private mass transportation companies as decided

26 by local needs;

27 (4) to provide financial assistance to State and local governments

28 and their authorities to help carry out national goals related to mobility

29 for elderly individuals, individuals with disabilities, and economically

30 disadvantaged individuals; and

31 (5) to establish a partnership that allows a community, with finan32 cial assistance from the Government, to satisfy its urban mass trans33 portation requirements.

34 § 5302. Definitions

35 (a) GENERAL.—In this chapter—

36 (1) ‘‘capital project’’ means a project for—

37 (A) acquiring, constructing, supervising, or inspecting equip38 ment or a facility for use in mass transportation, expenses inciden39 tal to the acquisition or construction (including designing, engi40 neering, location surveying, mapping, and acquiring rights of way),

41 relocation assistance, acquiring replacement housing sites, and ac-
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1 quiring, constructing, relocating, and rehabilitating replacement

2 housing;

3 (B) rehabilitating a bus that extends the economic life of a bus

4 for at least 5 years;

5 (C) remanufacturing a bus that extends the economic life of a

6 bus for at least 8 years; or

7 (D) overhauling rail rolling stock.

8 (2) ‘‘chief executive officer of a State’’ includes the designee of the

9 chief executive officer.

10 (3) ‘‘emergency regulation’’ means a regulation—

11 (A) that is effective temporarily before the expiration of the oth12 erwise specified periods of time for public notice and comment

13 under section 5334(b) of this title; and

14 (B) prescribed by the Secretary of Transportation as the result

15 of a finding that a delay in the effective date of the regulation—

16 (i) would injure seriously an important public interest;

17 (ii) would frustrate substantially legislative policy and in18 tent; or

19 (iii) would damage seriously a person or class without serv20 ing an important public interest.

21 (4) ‘‘fixed guideway’’ means a mass transportation facility—

22 (A) using and occupying a separate right of way or rail for the

23 exclusive use of mass transportation and other high occupancy ve24 hicles; or

25 (B) using a fixed catenary system and a right of way usable by

26 other forms of transportation.

27 (5) ‘‘handicapped individual’’ means an individual who, because of

28 illness, injury, age, congenital malfunction, or other incapacity or tem29 porary or permanent disability (including an individual who is a wheel30 chair user or has semiambulatory capability), cannot use effectively,

31 without special facilities, planning, or design, mass transportation serv32 ice or a mass transportation facility.

33 (6) ‘‘local governmental authority’’ includes—

34 (A) a political subdivision of a State;

35 (B) an authority of at least one State or political subdivision of

36 a State;

37 (C) an Indian tribe; and

38 (D) a public corporation, board, or commission established

39 under the laws of a State.

40 (7) ‘‘mass transportation’’ means transportation by a conveyance

41 that provides regular and continuing general or special transportation
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1 to the public, but does not include schoolbus, charter, or sightseeing

2 transportation.

3 (8) ‘‘net project cost’’ means the part of a project that reasonably

4 cannot be financed from revenues.

5 (9) ‘‘new bus model’’ means a bus model (including a model using

6 alternative fuel)—

7 (A) that has not been used in mass transportation in the United

8 States before the date of production of the model; or

9 (B) used in mass transportation in the United States but being

10 produced with a major change in configuration or components.

11 (10) ‘‘regulation’’ means any part of a statement of general or par12 ticular applicability of the Secretary of Transportation designed to

13 carry out, interpret, or prescribe law or policy in carrying out this

14 chapter.

15 (11) ‘‘State’’ means a State of the United States, the District of Co16 lumbia, Puerto Rico, the Northern Mariana Islands, Guam, American

17 Samoa, and the Virgin Islands.

18 (12) ‘‘urban area’’ means an area that includes a municipality or

19 other built-up place that the Secretary of Transportation, after consid20 ering local patterns and trends of urban growth, decides is appropriate

21 for a local mass transportation system to serve individuals in the local22 ity.

23 (13) ‘‘urbanized area’’ means an area—

24 (A) encompassing at least an urbanized area within a State that

25 the Secretary of Commerce designates; and

26 (B) designated an urbanized area within boundaries fixed by

27 State and local officials and approved by the Secretary of Trans28 portation.

29 (b) AUTHORITY TO MODIFY ‘‘HANDICAPPED INDIVIDUAL’’.—The Sec30 retary of Transportation by regulation may modify the definition of sub31 section (a)(5) of this section as it applies to section 5307(d)(1)(D) of this

32 title.

33 § 5303. Metropolitan planning

34 (a) DEVELOPMENT REQUIREMENTS.—To carry out section 5301(a) of

35 this title, metropolitan planning organizations designated under subsection

36 (c) of this section, in cooperation with States, shall develop transportation

37 plans and programs for State urbanized areas. The plans and programs for

38 each area shall provide for developing transportation facilities (including pe39 destrian walkways and bicycle transportation facilities) that will function as

40 an intermodal transportation system for the State, metropolitan area, and

41 United States. The development process shall provide for consideration of
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1 all modes of transportation and shall be continuing, cooperative, and com2 prehensive to the degree appropriate, based on the complexity of the trans3 portation problems.

4 (b) PLAN AND PROGRAM FACTORS.—In developing plans and programs

5 under this section and sections 5304–5306 of this title, each metropolitan

6 planning organization at least shall consider the following factors:

7 (1) preserving existing transportation facilities and, where practical,

8 ways to meet transportation needs by using existing transportation fa9 cilities more efficiently.

10 (2) the consistency of transportation planning with United States

11 Government, State, and local energy conservation programs, goals, and

12 objectives.

13 (3) the need to relieve congestion and prevent congestion from occur14 ring.

15 (4) the likely effect of transportation policy decisions on land use

16 and development and the consistency of transportation plans and pro17 grams with short- and long-term land use and development plans.

18 (5) programming expenditures on transportation enhancement activi19 ties, as required under section 133 of title 23.

20 (6) the effects of all transportation projects to be undertaken in the

21 metropolitan area, without regard to whether the projects are publicly

22 financed.

23 (7) international border crossings and access to ports, airports, inter24 modal transportation facilities, major freight distribution routes, na25 tional parks, recreation areas, monuments and historic sites, and mili26 tary installations.

27 (8) the need for connecting roads in the metropolitan area with

28 roads outside the area.

29 (9) the transportation needs identified by using the management sys30 tems required by section 303 of title 23.

31 (10) preserving rights of way for constructing future transportation

32 projects, including identifying—

33 (A) unused rights of way that may be needed for future trans34 portation corridors; and

35 (B) corridors where action is needed most to prevent destruction

36 or loss.

37 (11) ways to enhance the efficient movement of freight.

38 (12) using life-cycle costs in designing and engineering bridges, tun39 nels, and pavement.

40 (13) the overall social, economic, energy, and environmental effects

41 of transportation decisions.
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1 (14) ways to expand and enhance mass transportation services and

2 to increase usage of those services.

3 (15) capital investments that will result in increased security in mass

4 transportation systems.

5 (c) DESIGNATING METROPOLITAN PLANNING ORGANIZATIONS.—(1) To

6 carry out the planning process required by this section, a metropolitan plan7 ning organization shall be designated for each urbanized area with a popu8 lation of more than 50,000—

9 (A) by agreement of the chief executive officer of a State and units

10 of general local government representing at least 75 percent of the af11 fected population (including the central city as defined by the Secretary

12 of Commerce); or

13 (B) under procedures established by State or local law.

14 (2) In a metropolitan area designated as a transportation management

15 area, the designated metropolitan planning organization, if redesignated

16 after December 18, 1991, shall include local elected officials, officials of au17 thorities that administer or operate major modes of transportation in the

18 metropolitan area (including all transportation authorities included in the

19 organization on June 1, 1991), and appropriate State officials.

20 (3) More than one metropolitan planning organization may be designated

21 in an urbanized area (as defined by the Secretary of Commerce) only if the

22 chief executive officer decides that the size and complexity of the urbanized

23 area make designation of more than one organization appropriate.

24 (4) A designation is effective until—

25 (A) the organization is redesignated under paragraph (3) of this sub26 section; or

27 (B) revoked—

28 (i) by agreement of the chief executive officer and units of gen29 eral local government representing at least 75 percent of the af30 fected population; or

31 (ii) as otherwise provided by State or local procedures.

32 (5)(A) The chief executive officer and units of general local government

33 representing at least 75 percent of the affected population (including the

34 central city as defined by the Secretary of Commerce) may redesignate by

35 agreement a metropolitan planning organization when appropriate to carry

36 out this section.

37 (B) A metropolitan planning organization shall be redesignated on re38 quest of one or more units of general local government representing at least

39 25 percent of the affected population (including the central city as defined

40 by the Secretary of Commerce) in an urbanized area with a population of

41 more than 5,000,000, but less than 10,000,000 or that is an extreme non-
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1 attainment area for ozone or carbon monoxide (as defined in the Clean Air

2 Act (42 U.S.C. 7401 et seq.)).

3 (C) A metropolitan planning organization shall be redesignated using pro4 cedures established to carry out this paragraph.

5 (6) This subsection does not affect the authority, under State law in ef6 fect on December 18, 1991, of a public authority with multimodal transpor7 tation responsibilities—

8 (A) to develop plans and programs for a metropolitan planning orga9 nization to adopt; and

10 (B) to develop long-range capital plans, coordinate mass transpor11 tation services and projects, and carry out other activities under State

12 law.

13 (d) METROPOLITAN AREA BOUNDARIES.—To carry out this section, the

14 metropolitan planning organization and the chief executive officer shall de15 cide by agreement on the boundaries of a metropolitan area. The area shall

16 cover at least the existing urbanized area and the contiguous area expected

17 to become urbanized within the 20-year forecast period and may include the

18 Metropolitan Statistical Area or Consolidated Metropolitan Statistical Area,

19 as defined by the Secretary of Commerce. An area designated as an non20 attainment area for ozone or carbon monoxide under the Clean Air Act (42

21 U.S.C. 7401 et seq.) shall include at least the boundaries of the nonattain22 ment area, except as the chief executive officer and metropolitan planning

23 organization otherwise agree.

24 (e) COORDINATION.—(1) The Secretary of Transportation shall establish

25 requirements the Secretary considers appropriate to encourage chief execu26 tive officers and metropolitan planning organizations with responsibility for

27 part of a multi-State metropolitan area to provide coordinated transpor28 tation planning for the entire area.

29 (2) Congress consents to at least 2 States making an agreement, not in

30 conflict with a law of the United States, for cooperative efforts and mutual

31 assistance in support of activities authorized under this section related to

32 interstate areas and localities in the States and establishing authorities the

33 States consider desirable for making the agreement effective.

34 (3) If more than one metropolitan planning organization has authority in

35 a metropolitan area or an area designated a nonattainment area for ozone

36 or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), each

37 organization shall consult with the other organizations designated for the

38 area and the State to coordinate plans and projects required by this section

39 and sections 5304–5306 of this title.

40 (f) DEVELOPING LONG-RANGE PLANS.—(1) Each metropolitan planning

41 organization shall prepare and update periodically, according to a schedule
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1 the Secretary of Transportation decides is appropriate, a long-range plan

2 for its metropolitan area under the requirements of this section. The plan

3 shall be in the form the Secretary considers appropriate and at least shall—

4 (A) identify transportation facilities (including major roadways, mass

5 transportation, and multimodal and intermodal facilities) that should

6 function as an integrated metropolitan transportation system, empha7 sizing transportation facilities that serve important United States and

8 regional transportation functions;

9 (B) include a financial plan that—

10 (i) demonstrates how the long-range plan can be carried out;

11 (ii) indicates resources from public and private sources reason12 ably expected to be made available to carry out the plan; and

13 (iii) recommends innovative financing techniques, including

14 value capture, tolls, and congestion pricing, to finance needed

15 projects and programs;

16 (C) assess capital investment and other measures necessary—

17 (i) to ensure the preservation of the existing metropolitan trans18 portation system, including requirements for operational improve19 ments, resurfacing, restoration, and rehabilitation of existing and

20 future major roadways, and operations, maintenance, moderniza21 tion, and rehabilitation of existing and future mass transportation

22 facilities; and

23 (ii) to use existing transportation facilities most efficiently to re24 lieve vehicular congestion and maximize the mobility of individuals

25 and goods; and

26 (D) indicate appropriate proposed transportation enhancement ac27 tivities.

28 (2) When formulating a long-range plan, the metropolitan planning orga29 nization shall consider the factors described in subsection (e) of this section

30 as they are related to a 20-year forecast period.

31 (3) In a metropolitan area that is in a nonattainment area for ozone or

32 carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the

33 metropolitan planning organization shall coordinate the development of the

34 long-range plan with the development of the transportation control measures

35 of the State Implementation Plan required by the Act.

36 (4) Before approving a long-range plan, each metropolitan planning orga37 nization shall provide citizens, affected public agencies, representatives of

38 mass transportation authority employees, private providers of transpor39 tation, and other interested parties with a reasonable opportunity to com40 ment on the plan in a way the Secretary of Transportation considers appro41 priate.
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1 (5) A long-range plan shall be—

2 (A) made readily available for public review; and

3 (B) submitted for information purposes to the chief executive officer

4 of the State at the time and in the way the Secretary of Transportation

5 establishes.

6 (g) GRANTS.—Under criteria the Secretary of Transportation establishes,

7 the Secretary may make contracts for, and grants to, States, local govern8 mental authorities, and authorities of the States and governmental authori9 ties, or may make agreements with other departments, agencies, and instru10 mentalities of the Government, to plan, engineer, design, and evaluate a

11 mass transportation project and for other technical studies, including—

12 (1) studies related to management, operations, capital requirements,

13 and economic feasibility;

14 (2) evaluating previously financed projects; and

15 (3) other similar and related activities preliminary to and in prepara16 tion for constructing, acquiring, or improving the operation of facilities

17 and equipment.

18 (h) BALANCED AND COMPREHENSIVE PLANNING.—(1) To the extent

19 practicable, the Secretary of Transportation shall ensure that amounts made

20 available under section 5338(g)(1) of this title to carry out this section and

21 sections 5304–5306 of this title are used to support balanced and com22 prehensive transportation planning that considers the relationships among

23 land use and all transportation modes, without regard to the programmatic

24 source of the planning amounts.

25 (2)(A) The Secretary of Transportation shall apportion 80 percent of the

26 amount made available under section 5338(g)(1) of this title to States in

27 a ratio equal to the population in urbanized areas in each State divided by

28 the total population in urbanized areas in all States, as shown by the latest

29 available decennial census. A State may not receive less than .5 percent of

30 the amount apportioned under this subparagraph.

31 (B) Amounts apportioned to a State under subparagraph (A) of this

32 paragraph shall be allocated to metropolitan planning organizations in the

33 State designated under this section under a formula—

34 (i) the State develops in cooperation with the metropolitan planning

35 organizations;

36 (ii) the Secretary of Transportation approves; and

37 (iii) that considers population in urbanized areas and provides an ap38 propriate distribution for urbanized areas to carry out the cooperative

39 processes described in this section.
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1 (C) A State shall make amounts available promptly to eligible metropoli2 tan planning organizations according to procedures the Secretary of Trans3 portation approves.

4 (3)(A) The Secretary of Transportation shall apportion 20 percent of the

5 amount made available under section 5338(g)(1) of this title to States to

6 supplement allocations made under paragraph (2)(B) of this subsection for

7 metropolitan planning organizations.

8 (B) Amounts under this paragraph shall be allocated under a formula

9 that reflects the additional cost of carrying out planning, programming, and

10 project selection responsibilities under this section and sections 5304–5306

11 of this title in those areas.

12 (4) To the maximum extent practicable, the Secretary of Transportation

13 shall ensure that no metropolitan planning organization is allocated less

14 than the amount it received by administrative formula under this section in

15 the fiscal year that ended September 30, 1991. To carry out this subsection,

16 the Secretary may make a proportionate reduction in other amounts made

17 available to carry out section 5338(g)(1) of this title.

18 (5) Amounts available for an activity under this subsection are for 80

19 percent of the cost of the activity unless the Secretary of Transportation

20 decides it is in the interests of the Government not to require a State or

21 local match.

22 (6) An amount apportioned under this subsection—

23 (A) remains available for 3 years after the fiscal year in which the

24 amount is apportioned, and

25 (B) that is unobligated at the end of the 3-year period shall be

26 reapportioned among the States for the next fiscal year.

27 § 5304. Transportation improvement program

28 (a) DEVELOPMENT AND UPDATE.—In cooperation with the State and af29 fected mass transportation operators, a metropolitan planning organization

30 designated for a metropolitan area shall develop a transportation improve31 ment program for the area. In developing the program, the organization

32 shall provide citizens, affected public agencies, representatives of transpor33 tation authority employees, other affected employee representatives, private

34 providers of transportation, and other interested parties with a reasonable

35 opportunity to comment on the proposed program. The program shall be up36 dated at least once every 2 years and shall be approved by the organization

37 and the chief executive officer of the State.

38 (b) CONTENTS.—A transportation improvement program for a metropoli39 tan area shall include—

40 (1) a priority list of projects and parts of projects to be carried out

41 in each 3-year period after the program is adopted; and
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1 (2) a financial plan that—

2 (A) demonstrates how the program can be carried out;

3 (B) indicates resources from public and private sources that

4 reasonably are expected to be made available to carry out the plan;

5 and

6 (C) recommends innovative financing techniques, including value

7 capture, tolls, and congestion pricing, to finance needed projects.

8 (c) PROJECT SELECTION.—(1) Except as provided in section 5305(d)(1)

9 of this title, the State, in cooperation with the metropolitan planning organi10 zation, shall select projects in a metropolitan area that involves United

11 States Government participation. Selection shall comply with the transpor12 tation improvement program for the area.

13 (2) A transportation improvement program for a metropolitan area shall

14 include—

15 (A) projects within the area that are proposed for financing under

16 this chapter and title 23 and that are consistent with the long-range

17 plan developed under section 5303(f) of this title; and

18 (B) a project or an identified phase of a project only if full financing

19 reasonably can be anticipated to be available for the project in the pe20 riod estimated for completion.

21 (d) NOTICE AND COMMENT.—Before approving a transportation improve22 ment program, a metropolitan planning organization shall provide citizens,

23 affected public agencies, representatives of transportation agency employees,

24 private providers of transportation, and other interested parties with reason25 able notice and an opportunity to comment on the proposed program.

26 (e) REGULATORY PROCEEDING.—Not later than June 18, 1992, the Sec27 retary of Transportation shall begin a regulatory proceeding to conform re28 view requirements for mass transportation projects under the National En29 vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to comparable re30 quirements under that Act applicable to highway projects. This section and

31 sections 5303, 5305, and 5306 of this title do not affect the applicability

32 of the Act to mass transportation or highway projects. A mass transpor33 tation project that has an approved draft Environmental Impact Statement

34 is exempt from complying with requirements under the Act applicable to

35 highway projects.

36 § 5305. Transportation management areas

37 (a) DESIGNATION.—The Secretary of Transportation shall designate as a

38 transportation management area—

39 (1) each urbanized area with a population of more than 200,000;

40 and
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1 (2) any other area, including the Lake Tahoe Basin as defined in

2 the Act of December 19, 1980 (Public Law 96–551, 94 Stat. 3233),

3 when requested by the chief executive officer and the metropolitan or4 ganization designated for the area or the affected local officials.

5 (b) TRANSPORTATION PLANS AND PROGRAMS.—Transportation plans and

6 programs in a transportation management area shall be based on a continu7 ing and comprehensive transportation planning process the metropolitan

8 planning organization carries out in cooperation with the State and mass

9 transportation operators.

10 (c) CONGESTION MANAGEMENT SYSTEM.—The transportation planning

11 process under sections 5303, 5304, and 5306 of this title in a transpor12 tation management area shall include a congestion management system pro13 viding for effective management, through travel demand reduction and oper14 ational management strategies, of new and existing transportation facilities

15 eligible for financing under this chapter and title 23. The Secretary shall

16 establish a phase-in schedule to comply with sections 5303, 5304, and 5306.

17 (d) PROJECT SELECTION.—(1)(A) In consultation with the State, the

18 metropolitan planning organization designated for a transportation manage19 ment area shall select the projects to be carried out in the area with United

20 States Government participation under this chapter or title 23, except

21 projects of the National Highway System or under the Bridge and Inter22 state Maintenance programs.

23 (B) In cooperation with the metropolitan planning organization des24 ignated for a transportation management area, the State shall select the

25 projects to be carried out in the area of the National Highway System or

26 under the Bridge and Interstate Maintenance programs.

27 (2)(A) A selection under this subsection must comply with the transpor28 tation improvement program for the area.

29 (B) A selection under paragraph (1)(A) of this subsection must comply

30 with priorities established in the program.

31 (e) CERTIFICATION.—(1) At least once every 3 years, the Secretary shall

32 ensure and certify that each metropolitan planning organization in each

33 transportation management area is carrying out its responsibilities under

34 applicable laws of the United States. The Secretary may make the certifi35 cation only if the organization is complying with section 134 of title 23 and

36 other applicable requirements of laws of the United States and the organiza37 tion and chief executive officer have approved a transportation improvement

38 program for the area.

39 (2) If the Secretary does not certify before October 1, 1993, that a met40 ropolitan planning organization is carrying out its responsibilities, the Sec41 retary may withhold any part of the apportionment under section 104(b)(3)
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1 of title 23 attributed to the relevant metropolitan area under section

2 133(d)(3) of title 23 and capital amounts apportioned under section 5336

3 of this title. If an organization remains uncertified for more than 2 consecu4 tive years after September 30, 1994, 20 percent of that apportionment and

5 capital amounts shall be withheld. The withheld apportionments shall be re6 stored when the Secretary certifies the organization.

7 (3) The Secretary may not withhold certification based on the policies

8 and criteria a metropolitan planning organization or mass transportation

9 grant recipient establishes under section 5306(a) of this title for deciding

10 the feasibility of private enterprise participation.

11 (f) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT

12 AREAS.—Government amounts may be made available for a mass transpor13 tation project resulting in a significant increase in carrying capacity for sin14 gle occupant vehicles in a transportation management area classified as a

15 nonattainment area for ozone or carbon monoxide under the Clean Air Act

16 (42 U.S.C. 7401 et seq.) only if the project is part of an approved conges17 tion management system.

18 (g) AREAS NOT DESIGNATED TRANSPORTATION MANAGEMENT AREAS.—

19 (1) The Secretary may provide for the development of abbreviated metro20 politan transportation plans and programs the Secretary decides are appro21 priate to carry out this section and sections 5303, 5304, and 5306 of this

22 title for metropolitan areas not designated transportation management areas

23 under this section. The Secretary shall consider the complexity of transpor24 tation problems in those areas, including transportation-related air quality

25 problems.

26 (2) The Secretary may not provide an abbreviated plan or program for

27 a metropolitan area in a nonattainment area for ozone or carbon monoxide

28 under the Clean Air Act (42 U.S.C. 7401 et seq.).

29 § 5306. Private enterprise participation in metropolitan

30 planning and transportation improvement pro31 grams and relationship to other limitations

32 (a) PRIVATE ENTERPRISE PARTICIPATION.—A plan or program required

33 by section 5303, 5304, or 5305 of this title shall encourage to the maximum

34 extent feasible the participation of private enterprise. If equipment or a fa35 cility already being used in an urban area is to be acquired under this chap36 ter, the program shall provide that it be improved so that it will better serve

37 the transportation needs of the area.

38 (b) RELATIONSHIP TO OTHER LIMITATIONS.—Sections 5303–5305 of

39 this title do not authorize—
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1 (1) a metropolitan planning organization to impose a legal require2 ment on a transportation facility, provider, or project not eligible under

3 this chapter or title 23; and

4 (2) intervention in the management of a transportation authority.

5 § 5307. Block grants

6 (a) DEFINITIONS.—In this section—

7 (1) ‘‘associated capital maintenance items’’ means equipment, tires,

8 tubes, and material, each costing at least .5 percent of the current fair

9 market value of rolling stock comparable to the rolling stock for which

10 the equipment, tires, tubes, and material are to be used.

11 (2) ‘‘designated recipient’’ means—

12 (A) a person designated, consistent with the planning process

13 under sections 5303–5306 of this title, by the chief executive offi14 cer of a State, responsible local officials, and publicly owned opera15 tors of mass transportation to receive and apportion amounts

16 under section 5336 of this title that are attributable to transpor17 tation management areas established under section 5305(a) of this

18 title;

19 (B) a State or regional authority if the authority is responsible

20 under the laws of a State for a capital project and for financing

21 and directly providing mass transportation; or

22 (C) a recipient designated under section 5(b)(1) of the Federal

23 Transit Act not later than January 5, 1983.

24 (b) GENERAL AUTHORITY.—(1) The Secretary of Transportation may

25 make grants under this section for capital projects and to finance the plan26 ning, improvement, and operating costs of equipment, facilities, and associ27 ated capital maintenance items for use in mass transportation, including the

28 renovation and improvement of historic transportation facilities with related

29 private investment.

30 (2) In a transportation management area designated under section

31 5305(a) of this title, amounts that cannot be used to pay operating expenses

32 under this section also are available for a highway project if—

33 (A) that use is approved by the metropolitan planning organization

34 under section 5303 of this title after appropriate notice and an oppor35 tunity for comment and appeal is provided to affected mass transpor36 tation providers; and

37 (B) the Secretary decides the amounts are not needed for investment

38 required by the Americans with Disabilities Act of 1990 (42 U.S.C.

39 12101 et seq.).

40 (3) A grant for a capital project under this section also is available to

41 finance the leasing of equipment and facilities for use in mass transpor-
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1 tation, subject to regulations the Secretary prescribes limiting the grant to

2 leasing arrangements that are more cost effective than acquisition or con3 struction.

4 (4) A project for the reconstruction of equipment and material, each of

5 which after reconstruction will have a fair market value of at least .5 per6 cent of the current fair market value of rolling stock comparable to the roll7 ing stock for which the equipment and material will be used, is a capital

8 project for an associated capital maintenance item under this section.

9 (5) Amounts under this section are available for a highway project under

10 title 23 only if amounts used for the State or local share of the project are

11 eligible to finance either a highway or mass transportation project.

12 (c) PUBLIC PARTICIPATION REQUIREMENTS.—Each recipient of a grant

13 shall—

14 (1) make available to the public information on amounts available to

15 the recipient under this section and the program of projects the recipi16 ent proposes to undertake;

17 (2) develop, in consultation with interested parties, including private

18 transportation providers, a proposed program of projects for activities

19 to be financed;

20 (3) publish a proposed program of projects in a way that affected

21 citizens, private transportation providers, and local elected officials

22 have the opportunity to examine the proposed program and submit

23 comments on the proposed program and the performance of the recipi24 ent;

25 (4) provide an opportunity for a public hearing in which to obtain

26 the views of citizens on the proposed program of projects;

27 (5) ensure that the proposed program of projects provides for the co28 ordination of mass transportation services assisted under section 5336

29 of this title with transportation services assisted from other United

30 States Government sources;

31 (6) consider comments and views received, especially those of private

32 transportation providers, in preparing the final program of projects;

33 and

34 (7) make the final program of projects available to the public.

35 (d) GRANT RECIPIENT REQUIREMENTS.—A recipient may receive a grant

36 in a fiscal year only if—

37 (1) the recipient, within the time the Secretary prescribes, submits

38 a final program of projects prepared under subsection (c) of this sec39 tion and a certification for that fiscal year that the recipient (including

40 a person receiving amounts from a chief executive officer of a State

41 under this section)—
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1 (A) has or will have the legal, financial, and technical capacity

2 to carry out the program;

3 (B) has or will have satisfactory continuing control over the use

4 of equipment and facilities;

5 (C) will maintain equipment and facilities;

6 (D) will ensure that elderly and handicapped individuals, or an

7 individual presenting a medicare card issued to that individual

8 under title II or XVIII of the Social Security Act (42 U.S.C. 401

9 et seq., 1395 et seq.), will be charged during non-peak hours for

10 transportation using or involving a facility or equipment of a

11 project financed under this chapter not more than 50 percent of

12 the peak hour fare;

13 (E) in carrying out a procurement under this section—

14 (i) will use competitive procurement (as defined or ap15 proved by the Secretary);

16 (ii) will not use a procurement that uses exclusionary or

17 discriminatory specifications; and

18 (iii) will comply with applicable Buy-American laws in car19 rying out a procurement;

20 (F) has complied with subsection (c) of this section;

21 (G) has available and will provide the required amounts as pro22 vided by subsection (e) of this section;

23 (H) will comply with sections 5301(a) and (d), 5303–5306, and

24 5310(a)–(d) of this title;

25 (I) has a locally developed process to solicit and consider public

26 comment before raising a fare or carrying out a major reduction

27 of transportation; and

28 (J)(i) will expend for each fiscal year for mass transportation

29 security projects, including increased lighting in or adjacent to a

30 mass transportation system (including bus stops, subway stations,

31 parking lots, and garages), increased camera surveillance of an

32 area in or adjacent to that system, providing an emergency tele33 phone line to contact law enforcement or security personnel in an

34 area in or adjacent to that system, and any other project intended

35 to increase the security and safety of an existing or planned mass

36 transportation system, at least one percent of the amount the re37 cipient receives for each fiscal year under section 5336 of this

38 title; or

39 (ii) has decided that the expenditure for security projects is not

40 necessary; and

41 (2) the Secretary accepts the certification.
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1 (e) GOVERNMENT’S SHARE OF COSTS.—A grant of the Government for

2 a capital project (including associated capital maintenance items) under this

3 section is for 80 percent of the net project cost of the project. A recipient

4 may provide additional local matching amounts. A grant for operating ex5 penses may not be more than 50 percent of the net project cost of the

6 project. The remainder of the net project cost shall be provided in cash from

7 sources other than amounts of the Government or revenues from providing

8 mass transportation (excluding revenues derived from the sale of advertising

9 and concessions that are more than the amount of those revenues in the

10 fiscal year that ended September 30, 1985). Transit system amounts that

11 make up the remainder shall be from an undistributed cash surplus, a re12 placement or depreciation cash fund or reserve, or new capital.

13 (f) STATEWIDE OPERATING ASSISTANCE.—(1) A State authority that is

14 a designated recipient and providing mass transportation in at least 2 ur15 banized areas may apply for operating assistance in an amount not more

16 than the amount for all urbanized areas in which it provides transportation.

17 (2) When approving an application under paragraph (1) of this sub18 section, the Secretary may not reduce the amount of operating assistance

19 approved for another State or a local transportation authority within the af20 fected urbanized areas.

21 (g) UNDERTAKING PROJECTS IN ADVANCE.—(1) When a recipient obli22 gates all amounts apportioned to it under section 5336 of this title and then

23 carries out a part of a project described in this section (except a project

24 for operating expenses) without amounts of the Government and according

25 to all applicable procedures and requirements (except to the extent the pro26 cedures and requirements limit a State to carrying out a project with

27 amounts of the Government previously apportioned to it), the Secretary may

28 pay to the recipient the Government’s share of the cost of carrying out that

29 part when additional amounts are apportioned to the recipient under section

30 5336 if—

31 (A) the recipient applies for the payment;

32 (B) the Secretary approves the payment; and

33 (C) before carrying out that part, the Secretary approves the plans

34 and specifications for the part in the same way as for other projects

35 under this section.

36 (2) The Secretary may approve an application under paragraph (1) of

37 this subsection only if an authorization for this section is in effect for the

38 fiscal year to which the application applies. The Secretary may not approve

39 an application if the payment will be more than—
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1 (A) the recipient’s expected apportionment under section 5336 of

2 this title if the total amount authorized to be appropriated for the fis3 cal year to carry out this section is appropriated; less

4 (B) the maximum amount of the apportionment that may be made

5 available for projects for operating expenses under this section.

6 (3) The cost of carrying out that part of a project includes the amount

7 of interest earned and payable on bonds issued by the recipient to the extent

8 proceeds of the bonds are expended in carrying out the part. However, the

9 amount of interest allowed under this paragraph may not be more than the

10 amount by which the estimated cost of carrying out the part (if it would

11 be carried out at the time the part is converted to a regularly financed

12 project) exceeds the actual cost (except interest) of carrying out the part.

13 (4) The Secretary shall consider changes in capital project cost indices

14 when determining the estimated cost under paragraph (3) of this subsection.

15 (h) STREAMLINED ADMINISTRATIVE PROCEDURES.—The Secretary shall

16 prescribe streamlined administrative procedures for complying with the cer17 tification requirement under subsection (d)(1)(B) and (C) of this section for

18 track and signal equipment used in existing operations.

19 (i) REVIEWS, AUDITS, AND EVALUATIONS.—(1)(A) At least annually, the

20 Secretary shall carry out, or require a recipient to have carried out inde21 pendently, reviews and audits the Secretary considers appropriate to estab22 lish whether the recipient has carried out—

23 (i) the activities proposed under subsection (d) of this section in a

24 timely and effective way and can continue to do so; and

25 (ii) those activities and its certifications and has used amounts of the

26 Government in the way required by law.

27 (B) An audit of the use of amounts of the Government shall comply with

28 the auditing procedures of the Comptroller General.

29 (2) At least once every 3 years, the Secretary shall review and evaluate

30 completely the performance of a recipient in carrying out the recipient’s pro31 gram, specifically referring to compliance with statutory and administrative

32 requirements and the extent to which actual program activities are consist33 ent with the activities proposed under subsection (d) of this section and the

34 planning process required under sections 5303–5306 of this title.

35 (3) The Secretary may take appropriate action consistent with a review,

36 audit, and evaluation under this subsection, including making an appro37 priate adjustment in the amount of a grant or withdrawing the grant.

38 (j) REPORTS.—A recipient (including a person receiving amounts from a

39 chief executive officer of a State under this section) shall submit annually

40 to the Secretary a report on the revenues the recipient derives from the sale

41 of advertising and concessions.
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1 (k) SUBMISSION OF CERTIFICATIONS.—A certification under subsection

2 (d) of this section and any additional certification required by law to be sub3 mitted to the Secretary may be consolidated into a single document to be

4 submitted annually as part of the grant application under this section. The

5 Secretary shall publish annually a list of all certifications required under

6 this chapter with the publication required under section 5336(e)(2) of this

7 title.

8 (l) PROCUREMENT SYSTEM APPROVAL.—A recipient may request the Sec9 retary to approve its procurement system. The Secretary shall approve the

10 system for use for procurements financed under section 5336 of this title

11 if, after consulting with the Administrator for Federal Procurement Policy,

12 the Secretary decides the system provides for competitive procurement. Ap13 proval of a system under this subsection does not relieve a recipient of the

14 duty to certify under subsection (d)(1)(E) of this section.

15 (m) OPERATING FERRIES OUTSIDE URBANIZED AREAS.—A vessel used

16 in ferryboat operations financed under section 5336 of this title that is part

17 of a State-operated ferry system may be operated occasionally outside the

18 urbanized area in which service is provided to accommodate periodic mainte19 nance if existing ferry service is not reduced significantly by operating out20 side the area.

21 (n) RELATIONSHIP TO OTHER LAWS.—(1) Section 1001 of title 18 ap22 plies to a certificate or submission under this section. The Secretary may

23 end a grant under this section and seek reimbursement, directly or by off24 setting amounts available under section 5336 of this title, when a false or

25 fraudulent statement or related act within the meaning of section 1001 is

26 made in connection with a certification or submission.

27 (2) Sections 5302, 5318, 5323(a)(1), (d), and (f), 5332, and 5333 of this

28 title apply to this section and to a grant made under this section. Except

29 as provided in this section, no other provision of this chapter applies to this

30 section or to a grant made under this section.

31 § 5308. Mass Transit Account block grants

32 (a) GENERAL AUTHORITY.—The Secretary of Transportation may make

33 grants under this section to be used only for capital projects (including cap34 ital maintenance items).

35 (b) APPLICATION OF OTHER SECTIONS.—(1) Sections 5307(a)–(d), (h)–

36 (l), and (n) and 5336(a)–(c), (f), (g), and (j) of this title apply to amounts

37 made available under section 5338(a) of this title to carry out this section.

38 (2) Sections 5307(e) and 5336(d) of this title apply to grants under this

39 section.
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1 § 5309. Discretionary grants and loans

2 (a) GENERAL AUTHORITY.—The Secretary of Transportation may make

3 grants and loans under this section to assist State and local governmental

4 authorities in financing—

5 (1) capital projects for new fixed guideway systems, and extensions

6 to existing fixed guideway systems, including the acquisition of real

7 property, the initial acquisition of rolling stock for the systems, alter8 natives analysis related to the development of the systems, and the ac9 quisition of rights of way, and relocation, for fixed guideway corridor

10 development for projects in the advanced stages of alternatives analysis

11 or preliminary engineering;

12 (2) capital projects, including property and improvements (except

13 public highways other than fixed guideway facilities), needed for an ef14 ficient and coordinated mass transportation system;

15 (3) the capital costs of coordinating mass transportation with other

16 transportation;

17 (4) the introduction of new technology, through innovative and im18 proved products, into mass transportation;

19 (5) transportation projects that enhance urban economic develop20 ment or incorporate private investment, including commercial and resi21 dential development, because the projects—

22 (A) enhance the effectiveness of a mass transportation project

23 and are related physically or functionally to that mass transpor24 tation project; or

25 (B) establish new or enhanced coordination between mass trans26 portation and other transportation;

27 (6) mass transportation projects planned, designed, and carried out

28 to meet the special needs of elderly individuals and individuals with dis29 abilities; and

30 (7) the development of corridors to support fixed guideway systems,

31 including protecting rights of way through acquisition, construction of

32 dedicated bus and high occupancy vehicle lanes and park and ride lots,

33 and other nonvehicular capital improvements that the Secretary may

34 decide would result in increased mass transportation usage in the cor35 ridor.

36 (b) LOANS FOR REAL PROPERTY INTERESTS.—(1) The Secretary of

37 Transportation may make loans under this section to State and local gov38 ernmental authorities to acquire interests in real property for use on urban

39 mass transportation systems as rights of way, station sites, and related pur40 poses, including reconstruction, renovation, the net cost of property manage41 ment, and relocation payments made under section 5324(a) of this title.
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1 (2) The Secretary of Transportation may make a loan under paragraph

2 (1) of this subsection for an approved project only after finding that the

3 property reasonably is expected to be required for a mass transportation

4 system and that it will be used for that system within a reasonable time.

5 (3) An applicant for a loan under this subsection shall provide a copy of

6 the application to the planning agency for the community affected by the

7 project at the same time the application is submitted to the Secretary of

8 Transportation. If the planning agency submits comments to the Secretary

9 not later than 30 days after the application is submitted, or, if the agency

10 requests more time within those 30 days, within a period the Secretary es11 tablishes, the Secretary shall consider those comments before taking final

12 action on the application.

13 (4) A loan agreement under this subsection shall provide that a capital

14 project on the property will be started not later than 10 years after the fis15 cal year in which the agreement is made. If an interest in property acquired

16 under this subsection is not used for the purpose for which it was acquired,

17 an appraisal of the current value of the property or interest shall be made

18 when a decision is made about the use. The decision shall be made within

19 the 10-year period. Two-thirds of the increase in value shall be paid to the

20 Secretary of Transportation for deposit in the Treasury as miscellaneous re21 ceipts.

22 (5) A loan under this subsection must be repaid not later than 10 years

23 after the date of the loan agreement or on the date a grant agreement for

24 a capital project on the property is made, whichever is earlier. Payments

25 made to repay the loan shall be deposited in the Treasury as miscellaneous

26 receipts.

27 (c) CONSIDERATION OF DECREASED COMMUTER RAIL TRANSPOR28 TATION.—The Secretary of Transportation shall consider the adverse effect

29 of decreased commuter rail transportation when deciding whether to approve

30 a grant or loan under this section to acquire a rail line and all related facili31 ties—

32 (1) owned by a rail carrier subject to reorganization under title 11;

33 and

34 (2) used to provide commuter rail transportation.

35 (d) PROJECT AS PART OF APPROVED PROGRAM OF PROJECTS.—Except

36 as provided in subsections (b)(2) and (e) of this section, the Secretary of

37 Transportation may approve a grant or loan for a project under this section

38 only after finding that the project is part of the approved program of

39 projects required under sections 5303–5306 of this title and that an appli40 cant—
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1 (1) has or will have the legal, financial, and technical capacity to

2 carry out the project, satisfactory continuing control over the use of

3 equipment or facilities, and the capability to maintain the equipment

4 or facilities; and

5 (2) will maintain the equipment or facilities.

6 (e) CRITERIA FOR GRANTS AND LOANS FOR FIXED GUIDEWAY SYS7 TEMS.—(1) This subsection applies to a project—

8 (A) for which a letter of intent or contract for the complete amount

9 is issued under subsection (g) of this section after April 1, 1987; or

10 (B) not in the preliminary engineering, final design, or construction

11 stage on January 1, 1987.

12 (2) The Secretary of Transportation may approve a grant or loan under

13 this section for a capital project for a new fixed guideway system or exten14 sion of an existing fixed guideway system only if the Secretary decides that

15 the proposed project is—

16 (A) based on the results of an alternatives analysis and preliminary

17 engineering;

18 (B) justified based on a comprehensive review of its mobility im19 provements, environmental benefits, cost effectiveness, and operating

20 efficiencies; and

21 (C) supported by an acceptable degree of local financial commitment,

22 including evidence of stable and dependable financing sources to con23 struct, maintain, and operate the system or extension.

24 (3) In making a decision under paragraph (2) of this subsection, the Sec25 retary of Transportation shall—

26 (A) consider the direct and indirect costs of relevant alternatives;

27 (B) account for costs related to factors such as congestion relief, im28 proved mobility, air pollution, noise pollution, congestion, energy con29 sumption, and all associated ancillary and mitigation costs necessary to

30 carry out each alternative analyzed;

31 (C) identify and consider mass transportation supportive existing

32 land use policies and future patterns;

33 (D) consider the degree to which the project increases the mobility

34 of the mass transportation dependent population or promotes economic

35 development; and

36 (E) consider other factors the Secretary considers appropriate to

37 carry out this chapter.

38 (4)(A) The Secretary of Transportation shall issue guidelines on how the

39 Secretary will evaluate results of alternatives analysis, project justification,

40 and the degree of local financial commitment.
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1 (B) The project justification under paragraph (1)(B) of this subsection

2 shall be adjusted to reflect differences in local land, construction, and oper3 ating costs.

4 (C) The degree of local financial commitment is acceptable only if—

5 (i) the proposed project plan provides for the availability of contin6 gency amounts the Secretary of Transportation determines to be rea7 sonable to cover unanticipated cost overruns;

8 (ii) each proposed local source of capital and operating financing is

9 stable, reliable, and available within the proposed project timetable; and

10 (iii) local resources are available to operate the overall proposed mass

11 transportation system (including essential feeder bus and other services

12 necessary to achieve the projected ridership levels) without requiring a

13 reduction in existing mass transportation services to operate the pro14 posed project.

15 (D) In assessing the stability, reliability, and availability of proposed

16 sources of local financing, the Secretary of Transportation shall consider—

17 (i) existing grant commitments;

18 (ii) the degree to which financing sources are dedicated to the pur19 poses proposed; and

20 (iii) any debt obligation that exists or is proposed by the recipient

21 for the proposed project or other mass transportation purpose.

22 (5) A proposed project may advance from alternatives analysis to prelimi23 nary engineering only if the Secretary of Transportation finds that the

24 project meets the requirements of this section and there is a reasonable

25 chance that the project will continue to meet the requirements at the end

26 of preliminary engineering.

27 (6)(A) A new fixed guideway system or extension of an existing fixed

28 guideway system is not subject to the requirements of this subsection, and

29 the simultaneous evaluation of similar projects in at least 2 corridors in a

30 metropolitan area may not be limited, if—

31 (i) the project is located in an extreme or severe nonattainment area

32 and is a transportation control measure (as defined by the Clean Air

33 Act (42 U.S.C. 7401 et seq.)) required to carry out an approved State

34 Implementation Plan; or

35 (ii) assistance provided under this section is less than $25,000,000

36 or one-third of the total cost of the project or an appropriate program

37 of projects as decided by the Secretary of Transportation.

38 (B) The simultaneous evaluation of projects in at least 2 corridors in a

39 metropolitan area may not be limited and the Secretary of Transportation

40 shall make decisions under this subsection with expedited procedures that
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1 will promote carrying out an approved State Implementation Plan in a time2 ly way if a project is—

3 (i) located in a nonattainment area that is not an extreme or severe

4 nonattainment area;

5 (ii) a transportation control measure (as defined by the Clean Air

6 Act (42 U.S.C. 7401 et seq.)); and

7 (iii) required to carry out the State Implementation Plan.

8 (C) This subsection does not apply to a part of a project (including a

9 commuter rail transportation project on an existing right of way) financed

10 completely with amounts for highways made available under part A of title

11 I of the Intermodal Surface Transportation Efficiency Act of 1991 (Public

12 Law 102–240, 105 Stat. 1915).

13 (7) A project financed under this subsection shall be carried out through

14 a full financing grant agreement.

15 (f) REQUIRED PAYMENTS AND ELIGIBLE COSTS OF PROJECTS THAT EN16 HANCE URBAN ECONOMIC DEVELOPMENT OR INCORPORATE PRIVATE IN17 VESTMENT.—(1) Each grant or loan under subsection (a)(5) of this section

18 shall require that a person making an agreement to occupy space in a facil19 ity pay a reasonable share of the costs of the facility through rental pay20 ments and other means.

21 (2) Eligible costs for a project under subsection (a)(5) of this section—

22 (A) include property acquisition, demolition of existing structures,

23 site preparation, utilities, building foundations, walkways, open space,

24 and a capital project for, and improving, equipment or a facility for

25 an intermodal transfer facility or transportation mall; but

26 (B) do not include construction of a commercial revenue-producing

27 facility or a part of a public facility not related to mass transportation.

28 (g) LETTERS OF INTENT, FULL FINANCING GRANT AGREEMENTS, AND

29 EARLY SYSTEMS WORK AGREEMENTS.—(1)(A) The Secretary of Transpor30 tation may issue a letter of intent to an applicant announcing an intention

31 to obligate, for a project under this section, an amount from future available

32 budget authority specified in law that is not more than the amount stipu33 lated as the financial participation of the Secretary in the project. The

34 amount shall be sufficient to complete at least an operable segment when

35 a letter is issued for a fixed guideway project.

36 (B) At least 30 days before issuing a letter under subparagraph (A) of

37 this paragraph, the Secretary of Transportation shall notify in writing the

38 Committee on Public Works and Transportation of the House of Represent39 atives and the Committee on Banking, Housing, and Urban Affairs of the

40 Senate of the proposed issuance of the letter.
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1 (C) The issuance of a letter is deemed not to be an obligation under sec2 tions 1108(c) and (d), 1501, and 1502(a) of title 31 or an administrative

3 commitment.

4 (D) An obligation or administrative commitment may be made only when

5 amounts are appropriated.

6 (2)(A) The Secretary of Transportation may make a full financing grant

7 agreement with an applicant. The agreement shall—

8 (i) establish the terms of participation by the United States Govern9 ment in a project under this section;

10 (ii) establish the maximum amount of Government financial assist11 ance for the project;

12 (iii) cover the period of time for completing the project, including a

13 period extending beyond the period of an authorization; and

14 (iv) make timely and efficient management of the project easier ac15 cording to the law of the United States.

16 (B) An agreement under this paragraph obligates an amount of available

17 budget authority specified in law and may include a commitment, contingent

18 on amounts to be specified in law in advance for commitments under this

19 paragraph, to obligate an additional amount from future available budget

20 authority specified in law. The agreement shall state that the contingent

21 commitment is not an obligation of the Government. Interest and other fi22 nancing costs of efficiently carrying out a part of the project within a rea23 sonable time are a cost of carrying out the project under a full financing

24 grant agreement, except that eligible costs may not be more than the cost

25 of the most favorable financing terms reasonably available for the project

26 at the time of borrowing. The applicant shall certify, in a way satisfactory

27 to the Secretary of Transportation, that the applicant has shown reasonable

28 diligence in seeking the most favorable financing terms. The amount stipu29 lated in an agreement under this paragraph for a fixed guideway project

30 shall be sufficient to complete at least an operable segment.

31 (3)(A) The Secretary of Transportation may make an early systems work

32 agreement with an applicant if a record of decision under the National En33 vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been issued

34 on the project and the Secretary finds there is reason to believe—

35 (i) a full financing grant agreement for the project will be made; and

36 (ii) the terms of the work agreement will promote ultimate comple37 tion of the project more rapidly and at less cost.

38 (B) A work agreement under this paragraph obligates an amount of avail39 able budget authority specified in law and shall provide for reimbursement

40 of preliminary costs of carrying out the project, including land acquisition,

41 timely procurement of system elements for which specifications are decided,
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1 and other activities the Secretary of Transportation decides are appropriate

2 to make efficient, long-term project management easier. A work agreement

3 shall cover the period of time the Secretary considers appropriate. The pe4 riod may extend beyond the period of current authorization. Interest and

5 other financing costs of efficiently carrying out the work agreement within

6 a reasonable time are a cost of carrying out the agreement, except that eli7 gible costs may not be more than the cost of the most favorable financing

8 terms reasonably available for the project at the time of borrowing. The ap9 plicant shall certify, in a way satisfactory to the Secretary, that the appli10 cant has shown reasonable diligence in seeking the most favorable financing

11 terms. If an applicant does not carry out the project for reasons within the

12 control of the applicant, the applicant shall repay all Government payments

13 made under the work agreement plus reasonable interest and penalty

14 charges the Secretary establishes in the agreement.

15 (4) The total estimated amount of future obligations of the Government

16 and contingent commitments to incur obligations covered by all outstanding

17 letters of intent, full financing grant agreements, and early systems work

18 agreements may be not more than the greater of the amount authorized

19 under section 5338(a) of this title to carry out this section or 50 percent

20 of the uncommitted cash balance remaining in the Mass Transit Account

21 of the Highway Trust Fund (including amounts received from taxes and in22 terest earned that are more than amounts previously obligated), less an

23 amount the Secretary of Transportation reasonably estimates is necessary

24 for grants under this section not covered by a letter. The total amount cov25 ered by new letters and contingent commitments included in full financing

26 grant agreements and early systems work agreements may be not more than

27 a limitation specified in law.

28 (h) GOVERNMENT’S SHARE OF NET PROJECT COST.—Based on engineer29 ing studies, studies of economic feasibility, and information on the expected

30 use of equipment or facilities, the Secretary of Transportation shall estimate

31 the net project cost. A grant for the project is for 80 percent of the net

32 project cost, unless the grant recipient requests a lower grant percentage.

33 The remainder shall be provided in cash from a source other than amounts

34 of the Government. Transit system amounts that make up the remainder

35 must be from an undistributed cash surplus, a replacement or depreciation

36 cash fund or reserve, or new capital. The remainder for a planned extension

37 to a fixed guideway system may include the cost of rolling stock previously

38 purchased if the applicant satisfies the Secretary that only amounts other

39 than amounts of the Government were used and that the purchase was

40 made for use on the extension. A refund or reduction of the remainder may
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1 be made only if a refund of a proportional amount of the grant of the Gov2 ernment is made at the same time.

3 (i) LOAN TERM REQUIREMENTS.—Except for a loan under subsection (b)

4 of this section, a loan, including a renewal or extension of the loan, may

5 be made, and a security or obligation may be bought, only if it has a matu6 rity date of not more than 40 years. Interest on a loan may not be less

7 than—

8 (1) a rate the Secretary of the Treasury establishes, considering the

9 current average yield on outstanding marketable obligations of the Gov10 ernment that have remaining periods of maturity comparable to the av11 erage maturity of the loan, adjusted to the nearest .125 percent; plus

12 (2) an allowance the Secretary of Transportation considers adequate

13 to cover administrative costs and probable losses.

14 (j) LOAN PAYMENT FORGIVENESS.—A grant agreement for a capital

15 project may forgive repaying the loan and interest in place of a cash grant

16 for the amount forgiven. The amount is part of the grant and part of the

17 contribution of the Government to the cost of the project.

18 (k) LIMITATION ON MAKING LOANS AND GRANTS FOR PROJECTS.—The

19 Secretary of Transportation may not make a loan under this section for a

20 project for which a grant (except a relocation payment grant) is made under

21 this section. However, the Secretary may make a project grant even though

22 real property for the project has been or will be acquired through a loan

23 under subsection (b) of this section.

24 (l) FISCAL CAPACITY CONSIDERATIONS.—If the Secretary of Transpor25 tation gives priority consideration to financing projects that include more

26 than the non-Government share required under subsection (h) of this sec27 tion, the Secretary shall give equal consideration to differences in the fiscal

28 capacity of State and local governments.

29 (m) ALLOCATING AMOUNTS.—(1) Of the amounts available for grants

30 and loans under this section for each of the fiscal years ending September

31 30, 1993–1997—

32 (A) 40 percent is available for fixed guideway modernization;

33 (B) 40 percent is available for capital projects for new fixed guide34 way systems and extensions to existing fixed guideway systems; and

35 (C) 20 percent is available to replace, rehabilitate, and buy buses

36 and related equipment and to construct bus-related facilities.

37 (2) At least 5.5 percent of the amounts available in each fiscal year under

38 paragraph (1)(C) of this subsection is available for areas other than urban39 ized areas.

40 (3) Not later than January 20 of each year, the Secretary of Transpor41 tation shall submit to the Committee on Public Works and Transportation
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1 of the House of Representatives and the Committee on Banking, Housing,

2 and Urban Affairs of the Senate a proposal on the allocation of amounts

3 to be made available to finance grants and loans for capital projects for new

4 fixed guideway systems and extensions to existing fixed guideway systems

5 among applicants for those amounts.

6 (4) A person applying for, or receiving, assistance for a project described

7 in clause (A), (B), or (C) of paragraph (1) of this subsection may receive

8 assistance for a project described in another of those clauses.

9 (n) UNDERTAKING PROJECTS IN ADVANCE.—(1) The Secretary of Trans10 portation may pay the Government’s share of the net project cost to a State

11 or local governmental authority that carries out any part of a project de12 scribed in this section or a substitute transit project described in section

13 103(e)(4) of title 23 without the aid of amounts of the Government and ac14 cording to all applicable procedures and requirements if—

15 (A) the State or local governmental authority applies for the pay16 ment;

17 (B) the Secretary approves the payment; and

18 (C) before carrying out the part of the project, the Secretary ap19 proves the plans and specifications for the part in the same way as

20 other projects under this section or section 103(e)(4) of title 23.

21 (2) The cost of carrying out part of a project includes the amount of in22 terest earned and payable on bonds issued by the State or local govern23 mental authority to the extent proceeds of the bonds are expended in carry24 ing out the part. However, the amount of interest under this paragraph may

25 not be more than the most favorable interest terms reasonably available for

26 the project at the time of borrowing. The applicant shall certify, in a way

27 satisfactory to the Secretary of Transportation, that the applicant has

28 shown reasonable diligence in seeking the most favorable financial terms.

29 (3) The Secretary of Transportation shall consider changes in capital

30 project cost indices when determining the estimated cost under paragraph

31 (2) of this subsection.

32 (o) USE OF DEOBLIGATED AMOUNTS.—An amount available under this

33 section that is deobligated may be used for any purpose under this section.

34 § 5310. Grants and loans for special needs of elderly individ35 uals and individuals with disabilities

36 (a) GENERAL AUTHORITY.—The Secretary of Transportation may make

37 grants and loans to—

38 (1) State and local governmental authorities to help them provide

39 mass transportation service planned, designed, and carried out to meet

40 the special needs of elderly individuals and individuals with disabilities;

41 and
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1 (2) the chief executive officer of each State for allocation to—

2 (A) private nonprofit corporations and associations to help them

3 provide that transportation service when the transportation service

4 provided under clause (1) of this subsection is unavailable, insuffi5 cient, or inappropriate; or

6 (B) governmental authorities—

7 (i) approved by the State to coordinate services for elderly

8 individuals and individuals with disabilities; or

9 (ii) that certify to the chief executive officer that no non10 profit corporation or association readily is available in an area

11 to provide service under this subsection.

12 (b) APPORTIONING AND TRANSFERRING AMOUNTS.—The Secretary shall

13 apportion amounts made available under section 5338(a) of this title under

14 a formula the Secretary administers that considers the number of elderly

15 individuals and individuals with disabilities in each State. Any State’s ap16 portionment remaining available for obligation at the beginning of the 90-

17 day period before the end of the period of availability of the apportionment

18 is available to the chief executive officer of the State for transfer to supple19 ment amounts apportioned to the State under section 5311(c) or 5336(a)(1)

20 of this title.

21 (c) STATE PROGRAM OF PROJECTS.—Amounts made available for this

22 section may be used for transportation projects to assist in providing trans23 portation services for elderly individuals and individuals with disabilities

24 that are included in a State program of projects. A program shall be sub25 mitted annually to the Secretary for approval and shall contain an assur26 ance that the program provides for maximum feasible coordination of trans27 portation services assisted under this section with transportation services as28 sisted by other United States Government sources.

29 (d) ELIGIBLE CAPITAL EXPENSES.—A recipient of amounts under this

30 section may include acquiring transportation services as an eligible capital

31 expense.

32 (e) APPLICATION OF SECTION 5309.—(1) A grant or loan under sub33 section (a)(1) of this section is subject to all requirements of a grant or

34 loan under section 5309 of this title, and is deemed to have been made

35 under section 5309.

36 (2) A grant or loan under subsection (a)(2) of this section is subject to

37 requirements similar to those under paragraph (1) of this subsection to the

38 extent the Secretary considers appropriate.

39 (f) MINIMUM REQUIREMENTS AND PROCEDURES FOR RECIPIENTS.—In

40 carrying out section 5301(d) of this title, section 165(b) of the Federal-Aid

41 Highway Act of 1973 (Public Law 93–87, 87 Stat. 282), and section 504
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1 of the Rehabilitation Act of 1973 (29 U.S.C. 794) (consistent with Govern2 ment-wide standards to carry out section 504), the Secretary shall prescribe

3 regulations establishing minimum criteria a recipient of Government finan4 cial assistance under this chapter or a law referred to in section 165(b) shall

5 comply with in providing mass transportation service to elderly individuals

6 and individuals with disabilities and procedures for the Secretary to monitor

7 compliance with the criteria. The regulations shall include provisions for en8 suring that organizations and groups representing elderly individuals and

9 individuals with disabilities are given adequate notice of, and an opportunity

10 to comment on, the proposed activity of a recipient to achieve compliance

11 with the regulations.

12 (g) LEASING VEHICLES.—The Secretary shall prescribe guidelines allow13 ing vehicles bought under this section to be leased to local governmental au14 thorities to improve transportation services designed to meet the special

15 needs of elderly individuals and individuals with disabilities.

16 (h) MEAL DELIVERY SERVICE TO HOMEBOUND INDIVIDUALS.—Mass

17 transportation service providers receiving assistance under this section or

18 section 5311(c) of this title may coordinate and assist in regularly providing

19 meal delivery service for homebound individuals if the delivery service does

20 not conflict with providing mass transportation service or reduce service to

21 mass transportation passengers.

22 (i) TRANSFER OF FACILITIES AND EQUIPMENT.—With the consent of the

23 recipient currently having a facility or equipment acquired with assistance

24 under this section, a State may transfer the facility or equipment to any

25 recipient eligible to receive assistance under this chapter if the facility or

26 equipment will continue to be used as required under this section.

27 (j) FARES NOT REQUIRED.—This chapter does not require that elderly

28 individuals and individuals with disabilities be charged a fare.

29 § 5311. Financial assistance for other than urbanized areas

30 (a) DEFINITION.—In this section, ‘‘recipient’’ includes a State authority,

31 a local governmental authority, a nonprofit organization, and an operator

32 of mass transportation service.

33 (b) GENERAL AUTHORITY.—(1) The Secretary of Transportation may

34 make grants for transportation projects that are included in a State pro35 gram of mass transportation service projects (including service agreements

36 with private providers of mass transportation service) for areas other than

37 urbanized areas. The program shall be submitted annually to the Secretary.

38 The Secretary may approve the program only if the Secretary finds that the

39 program provides a fair distribution of amounts in the State, including In40 dian reservations, and the maximum feasible coordination of mass transpor-
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1 tation service assisted under this section with transportation service assisted

2 by other United States Government sources.

3 (2) The Secretary of Transportation shall carry out a rural transportation

4 assistance program in nonurbanized areas. In carrying out this paragraph,

5 the Secretary may make grants and contracts for transportation research,

6 technical assistance, training, and related support services in nonurbanized

7 areas.

8 (c) APPORTIONING AMOUNTS.—The Secretary of Transportation shall ap9 portion amounts made available under section 5338(a) of this title so that

10 the chief executive officer of each State receives an amount equal to the

11 total amount apportioned multiplied by a ratio equal to the population of

12 areas other than urbanized areas in a State divided by the population of

13 all areas other than urbanized areas in the United States, as shown by the

14 most recent of the following: the latest Government census, the population

15 estimate the Secretary of Commerce prepares after the 4th year after the

16 date the latest census is published, or the population estimate the Secretary

17 of Commerce prepares after the 8th year after the date the latest census

18 is published. The amount may be obligated by the chief executive officer for

19 2 years after the fiscal year in which the amount is apportioned. An amount

20 that is not obligated at the end of that period shall be reapportioned among

21 the States for the next fiscal year.

22 (d) USE FOR LOCAL TRANSPORTATION SERVICE.—A State may use an

23 amount apportioned under this section for a project included in a program

24 under subsection (b) of this section and eligible for assistance under this

25 chapter if the project will provide local transportation service, as defined by

26 the Secretary of Transportation, in an area other than an urbanized area.

27 (e) USE FOR ADMINISTRATION AND TECHNICAL ASSISTANCE.—(1) The

28 Secretary of Transportation may allow a State to use not more than 15 per29 cent of the amount apportioned under this section to administer this section

30 and provide technical assistance to a recipient, including project planning,

31 program and management development, coordination of mass transportation

32 programs, and research the State considers appropriate to promote effective

33 delivery of mass transportation to an area other than an urbanized area.

34 (2) Except as provided in this section, a State carrying out a program

35 of operating assistance under this section may not limit the level or extent

36 of use of the Government grant for the payment of operating expenses.

37 (f) INTERCITY BUS TRANSPORTATION.—(1) A State shall expend at least

38 10 percent of the amount made available in the fiscal year ending Septem39 ber 30, 1993, and 15 percent of the amount made available in each fiscal

40 year after September 30, 1993, to carry out a program to develop and sup-
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1 port intercity bus transportation. Eligible activities under the program in2 clude—

3 (A) planning and marketing for intercity bus transportation;

4 (B) capital grants for intercity bus shelters;

5 (C) joint-use stops and depots;

6 (D) operating grants through purchase-of-service agreements, user7 side subsidies, and demonstration projects; and

8 (E) coordinating rural connections between small mass transpor9 tation operations and intercity bus carriers.

10 (2) A State does not have to comply with paragraph (1) of this subsection

11 in a fiscal year in which the chief executive officer of the State certifies to

12 the Secretary of Transportation that the intercity bus service needs of the

13 State are being met adequately.

14 (g) GOVERNMENT’S SHARE OF COSTS.—(1) In this subsection, ‘‘amounts

15 of the Government or revenues’’ do not include amounts received under a

16 service agreement with a State or local social service agency or a private

17 social service organization.

18 (2) A grant of the Government for a capital project under this section

19 may not be more than 80 percent of the net cost of the project, as deter20 mined by the Secretary of Transportation. A grant to pay a subsidy for op21 erating expenses may not be more than 50 percent of the net cost of the

22 operating expense project. At least 50 percent of the remainder shall be pro23 vided in cash from sources other than amounts of the Government or reve24 nues from providing mass transportation. Transit system amounts that

25 make up the remainder shall be from an undistributed cash surplus, a re26 placement or depreciation cash fund or reserve, or new capital.

27 (h) AMOUNTS FOR OPERATING ASSISTANCE.—An amount made available

28 under this section may be used for operating assistance.

29 (i) TRANSFER OF FACILITIES AND EQUIPMENT.—With the consent of the

30 recipient currently having a facility or equipment acquired with assistance

31 under this section, a State may transfer the facility or equipment to any

32 recipient eligible to receive assistance under this chapter if the facility or

33 equipment will continue to be used as required under this section.

34 (j) RELATIONSHIP TO OTHER LAWS.—(1) Sections 5323(a)(1)(D) and

35 5333(b) of this title apply to this section but the Secretary of Labor may

36 waive the application of section 5333(b).

37 (2) This subsection does not affect or discharge a responsibility of the

38 Secretary of Transportation under a law of the United States.
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1 § 5312. Research, development, demonstration, and training

2 projects

3 (a) RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROJECTS.—The

4 Secretary of Transportation (or the Secretary of Housing and Urban Devel5 opment when required by section 5334(i) of this title) may undertake, or

6 make grants or contracts (including agreements with departments, agencies,

7 and instrumentalities of the United States Government) for, research, devel8 opment, and demonstration projects related to urban mass transportation

9 that the Secretary decides will help reduce urban transportation needs, im10 prove mass transportation service, or help mass transportation service meet

11 the total urban transportation needs at a minimum cost. The Secretary may

12 request and receive appropriate information from any source. This sub13 section does not limit the authority of the Secretary under another law.

14 (b) RESEARCH, INVESTIGATIONS, AND TRAINING.—(1) The Secretary of

15 Transportation (or the Secretary of Housing and Urban Development when

16 required by section 5334(i) of this title) may make grants to nonprofit insti17 tutions of higher learning—

18 (A) to conduct competent research and investigations into the theo19 retical or practical problems of urban transportation; and

20 (B) to train individuals to conduct further research or obtain em21 ployment in an organization that plans, builds, operates, or manages

22 an urban transportation system.

23 (2) Research and investigations under this subsection include—

24 (A) the design and use of urban mass transportation systems and

25 urban roads and highways;

26 (B) the interrelationship between various modes of urban and inter27 urban transportation;

28 (C) the role of transportation planning in overall urban planning;

29 (D) public preferences in transportation;

30 (E) the economic allocation of transportation resources; and

31 (F) the legal, financial, engineering, and esthetic aspects of urban

32 transportation.

33 (3) When making a grant under this subsection, the appropriate Sec34 retary shall give preference to an institution that brings together knowledge

35 and expertise in the various social science and technical disciplines related

36 to urban transportation problems.

37 (c) TRAINING FELLOWSHIPS AND INNOVATIVE TECHNIQUES AND METH38 ODS.—(1) The Secretary of Transportation may make grants to States,

39 local governmental authorities, and operators of mass transportation sys40 tems to provide fellowships to train personnel employed in managerial, tech41 nical, and professional positions in the mass transportation field.
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1 (2) The Secretary of Transportation may make grants to State and local

2 governmental authorities for projects that will use innovative techniques and

3 methods in managing and providing mass transportation.

4 (3) A fellowship under this subsection may be for not more than one year

5 of training in an institution that offers a program applicable to the mass

6 transportation industry. The recipient of the grant shall select an individual

7 on the basis of demonstrated ability and for the contribution the individual

8 reasonably can be expected to make to an efficient mass transportation op9 eration. A grant for a fellowship may not be more than the lesser of

10 $24,000 or 75 percent of—

11 (A) tuition and other charges to the fellowship recipient;

12 (B) additional costs incurred by the training institution and billed

13 to the grant recipient; and

14 (C) the regular salary of the fellowship recipient for the period of

15 the fellowship to the extent the salary is actually paid or reimbursed

16 by the grant recipient.

17 § 5313. State planning and research programs

18 (a) COOPERATIVE RESEARCH PROGRAM.—(1) Fifty percent of the

19 amounts made available under section 5338(g)(3) of this title are available

20 for a mass transportation cooperative research program. The Secretary of

21 Transportation shall establish an independent governing board for the pro22 gram. The board shall recommend mass transportation research, develop23 ment, and technology transfer activities the Secretary considers appropriate.

24 (2) The Secretary may make grants to, and cooperative agreements with,

25 the National Academy of Sciences to carry out activities under this sub26 section that the Secretary decides are appropriate.

27 (b) STATE PLANNING AND RESEARCH.—(1) Fifty percent of the amounts

28 made available under section 5338(g)(3) of this title shall be apportioned

29 to States for grants and contracts consistent with the purposes of sections

30 5303–5306, 5312, 5315, 5317, and 5322 of this title. The amounts shall

31 be apportioned so that each State receives an amount equal to the popu32 lation in urbanized areas in the State, divided by the population in urban33 ized areas in all States, as shown by the latest available decennial census.

34 However, a State must receive at least .5 percent of the amount apportioned

35 under this subsection.

36 (2) A State, as the State considers appropriate, may authorize part of

37 the amount made available under this subsection to be used to supplement

38 amounts available under subsection (a) of this section.

39 (3) An amount apportioned under this subsection—

40 (A) remains available for 3 years after the fiscal year in which the

41 amount is apportioned; and
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1 (B) that is unobligated at the end of the 3-year period shall be

2 reapportioned among the States for the next fiscal year.

3 (c) GOVERNMENT’S SHARE.—When there would be a clear and direct fi4 nancial benefit to an entity under a grant or contract financed under sub5 section (a) of this section, the Secretary shall establish a United States Gov6 ernment share consistent with the benefit.

7 § 5314. National planning and research programs

8 (a) PROGRAM.—(1) The amounts made available under section

9 5338(g)(4) of this title are available to the Secretary of Transportation for

10 grants and contracts for the purposes of sections 5303–5306, 5312, 5315,

11 5317, and 5322 of this title, as the Secretary considers appropriate.

12 (2) Of the amounts made available under paragraph (1) of this sub13 section, the Secretary shall make available at least $2,000,000 to provide

14 mass transportation-related technical assistance, demonstration programs,

15 research, public education, and other activities the Secretary considers ap16 propriate to help mass transportation providers comply with the Americans

17 with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). To the extent prac18 ticable, the Secretary shall carry out this paragraph through a contract with

19 a national nonprofit organization serving individuals with disabilities that

20 has a demonstrated capacity to carry out the activities.

21 (3) Not more than 25 percent of the amounts available under paragraph

22 (1) of this subsection is available to the Secretary for special demonstration

23 initiatives, subject to terms the Secretary considers consistent with this

24 chapter, except that section 5323(a)(1)(D) of this title applies to an oper25 ational grant financed in carrying out section 5312(a) of this title. For a

26 nonrenewable grant of not more than $100,000, the Secretary shall provide

27 expedited procedures on complying with the requirements of this chapter.

28 (4)(A) The Secretary may undertake a program of mass transportation

29 technology development in coordination with affected entities.

30 (B) The Secretary shall establish an Industry Technical Panel composed

31 of representatives of transportation suppliers and operators and others in32 volved in technology development. A majority of the Panel members shall

33 represent the supply industry. The Panel shall assist the Secretary in identi34 fying priority technology development areas and in establishing guidelines

35 for project development, project cost sharing, and project execution.

36 (C) The Secretary shall develop guidelines for cost sharing in technology

37 development projects financed under this paragraph. The guidelines shall be

38 flexible and reflect the extent of technical risk, market risk, and anticipated

39 supplier benefits and payback periods.
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1 (5) The Secretary may use amounts appropriated under this subsection

2 to supplement amounts available under section 5313(a) of this title, as the

3 Secretary considers appropriate.

4 (b) GOVERNMENT’S SHARE.—When there would be a clear and direct fi5 nancial benefit to an entity under a grant or contract financed under sub6 section (a) of this section, the Secretary shall establish a United States Gov7 ernment share consistent with the benefit.

8 § 5315. National mass transportation institute

9 (a) ESTABLISHMENT AND DUTIES.—The Secretary of Transportation

10 shall make grants to Rutgers University to establish a national mass trans11 portation institute. In cooperation with the Federal Transit Administration,

12 State transportation departments, public mass transportation authorities,

13 and national and international entities, the institute shall develop and con14 duct training programs of instruction for United States Government, State,

15 and local transportation employees, United States citizens, and foreign na16 tionals engaged or to be engaged in Government-aid mass transportation

17 work. The programs may include courses in recent developments, tech18 niques, and procedures related to—

19 (1) mass transportation planning;

20 (2) management;

21 (3) environmental factors;

22 (4) acquisition and joint use of rights of way;

23 (5) engineering;

24 (6) procurement strategies for mass transportation systems;

25 (7) turnkey approaches to carrying out mass transportation systems;

26 (8) new technologies;

27 (9) emission reduction technologies;

28 (10) ways to make mass transportation accessible to individuals with

29 disabilities;

30 (11) construction;

31 (12) maintenance;

32 (13) contract administration; and

33 (14) inspection.

34 (b) RELATED EDUCATIONAL AND TRAINING PROGRAMS.—The Secretary

35 shall delegate to the institute the authority of the Secretary to develop and

36 conduct educational and training programs related to mass transportation.

37 (c) PROVIDING EDUCATION AND TRAINING.—Education and training of

38 Government, State, and local transportation employees under this section

39 shall be provided—

40 (1) by the Secretary at no cost to the States and local governments

41 for subjects that are a Government program responsibility; or
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1 (2) when the education and training are paid under subsection (d)

2 of this section, by the State, with the approval of the Secretary,

3 through grants and contracts with public and private agencies, other

4 institutions, individuals, and the institute.

5 (d) AVAILABILITY OF AMOUNTS.—Not more than .5 percent of the

6 amounts made available for a fiscal year beginning after September 30,

7 1991, to a State or public mass transportation authority in the State to

8 carry out sections 5304 and 5306 of this title is available for expenditure

9 by the State and public mass transportation authorities in the State, with

10 the approval of the Secretary, to pay not more than 80 percent of the cost

11 of tuition and direct educational expenses related to educating and training

12 State and local transportation employees under this section.

13 § 5316. University research institutes

14 (a) INSTITUTE FOR NATIONAL SURFACE TRANSPORTATION POLICY.—

15 The Secretary of Transportation shall make grants to San Jose State Uni16 versity to establish and operate an institute for national surface transpor17 tation policy studies. The institute shall—

18 (1) include male and female students of diverse socioeconomic and

19 ethnic backgrounds who are seeking careers in developing and operat20 ing surface transportation programs; and

21 (2) conduct research and development activities to analyze ways of

22 improving aspects of developing and operating surface transportation

23 programs of the United States.

24 (b) INFRASTRUCTURE TECHNOLOGY INSTITUTE.—The Secretary shall

25 make grants to Northwestern University to establish and operate an insti26 tute to study techniques—

27 (1) to evaluate and monitor infrastructure conditions;

28 (2) to improve information systems for infrastructure construction

29 and management; and

30 (3) to study advanced materials and automated processes for con31 structing and rehabilitating public works facilities.

32 (c) URBAN TRANSIT INSTITUTE.—The Secretary shall make grants to

33 North Carolina A. and T. State University through the Institute for Trans34 portation Research and Education, the University of South Florida, and a

35 consortium of Florida A. and M., Florida State University, and Florida

36 International University to establish and operate an interdisciplinary insti37 tute to study and disseminate techniques on the diverse transportation prob38 lems of urban areas experiencing significant and rapid growth.

39 (d) INSTITUTE FOR INTELLIGENT VEHICLE-HIGHWAY CONCEPTS.—The

40 Secretary shall make grants to the University of Minnesota, Center for

41 Transportation Studies, to establish and operate a national institute for in-
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1 telligent vehicle-highway concepts. The institute shall conduct research and

2 recommend development activities that focus on methods to increase road3 way capacity, enhance safety, and reduce negative environmental effects of

4 transportation facilities by using intelligent vehicle-highway systems tech5 nologies.

6 (e) INSTITUTE FOR TRANSPORTATION RESEARCH AND EDUCATION.—The

7 Secretary shall make grants to the University of North Carolina to conduct

8 research and development and to direct technology transfer and training for

9 State and local transportation authorities to improve the overall surface

10 transportation infrastructure.

11 (f) APPLICABILITY OF TITLE 23.—Amounts authorized by section

12 5338(d) of this title may be obligated in the same way as amounts are ap13 portioned under chapter 1 of title 23.

14 § 5317. Transportation centers

15 (a) GRANTS FOR REGIONAL TRANSPORTATION CENTERS.—(1) The Sec16 retary of Transportation shall make grants to nonprofit institutions of high17 er learning to establish and operate regional transportation centers in each

18 of the 10 United States Government regions that comprise the Standard

19 Federal Regional Boundary System.

20 (2) A nonprofit institution of higher learning interested in receiving a

21 grant under this subsection shall submit an application to the Secretary in

22 the way and containing the information the Secretary prescribes. The Sec23 retary shall select each recipient on the basis of the following:

24 (A) the regional transportation center is located in a State that is

25 representative of the needs of the Government region for improved

26 transportation and facilities.

27 (B) the demonstrated research and extension resources available to

28 the recipient to carry out this subsection.

29 (C) the capability of the recipient to provide leadership in making

30 national and regional contributions to the solution of immediate and

31 long-range transportation problems.

32 (D) the recipient has an established transportation program encom33 passing several modes of transportation.

34 (E) the recipient has a demonstrated commitment of at least

35 $200,000 in regularly budgeted institutional amounts each year to sup36 port ongoing transportation research programs.

37 (F) the recipient has a demonstrated ability to disseminate results

38 of transportation research and educational programs through a state39 wide or regionwide continuing educational program.

40 (G) the projects the recipient proposes to carry out under the grant.
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1 (3)(A) At each regional transportation center, the following shall be car2 ried out:

3 (i) infrastructure research on transportation.

4 (ii) research and training on transportation safety and the transpor5 tation of passengers and property and the interpretation, publication,

6 and dissemination of the results of the research.

7 (B) Each transportation center—

8 (i) should carry out research on more than one mode of transpor9 tation; and

10 (ii) should consider the proportion of amounts for this subsection

11 from amounts available to carry out urban mass transportation projects

12 under this chapter and from the Highway Trust Fund.

13 (C) At one of the transportation centers, research may be carried out on

14 the testing of new bus models.

15 (4) Before making a grant under this subsection, the Secretary may re16 quire the recipient to make an agreement with the Secretary to ensure that

17 the recipient will maintain total expenditures from all other sources to es18 tablish and operate a regional transportation center and related research ac19 tivities at a level at least equal to the average level of those expenditures

20 in its 2 fiscal years prior to April 2, 1987.

21 (5) A grant under this subsection is for 50 percent of the cost of estab22 lishing and operating the regional transportation center and related research

23 activities the recipient carries out.

24 (b) GRANTS FOR UNIVERSITY TRANSPORTATION CENTERS.—(1) To ac25 celerate the involvement and participation of minority individuals and

26 women in transportation-related professions, particularly in the science,

27 technology, and engineering disciplines, the Secretary shall make grants to

28 Morgan State University to establish a national center for transportation

29 management, research, and development. The center shall give special atten30 tion to designing, developing, and carrying out research, training, and tech31 nology transfer activities to increase the number of highly skilled minority

32 individuals and women entering the transportation workforce.

33 (2) The Secretary shall make grants to the New Jersey Institute of Tech34 nology to establish and operate a center for transportation and industrial

35 productivity. The center shall conduct research and development activities

36 that focus on ways to increase surface transportation capacity, reduce con37 gestion, and reduce costs for transportation system users and providers

38 through the use of transportation management systems.

39 (3) The Secretary shall make a grant to Monmouth College, West Long

40 Branch, New Jersey, to modify and rebuild Building Number 500 at Mon41 mouth College. Before making the grant, the Secretary shall receive assur-
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1 ances from Monmouth College that the building will be known and des2 ignated as the James and Marlene Howard Transportation Information

3 Center and that transportation-related instruction and research in computer

4 science, electronic engineering, mathematics, and software engineering con5 ducted at the building will be coordinated with the Center for Transpor6 tation and Industrial Productivity at the New Jersey Institute of Tech7 nology.

8 (4) The Secretary shall make grants to the University of Arkansas to es9 tablish a national rural transportation center. The center shall conduct re10 search, training, and technology transfer activities in the development, man11 agement, and operation of intermodal transportation systems in rural areas.

12 (5)(A) The Secretary shall make grants to the University of Idaho to es13 tablish a National Center for Advanced Transportation Technology. The

14 Center shall be established and operated in partnership with private indus15 try and shall conduct industry-driven research and development activities

16 that focus on transportation-related manufacturing and engineering proc17 esses, materials, and equipment.

18 (B) The Secretary shall make grants to the University of Idaho to plan,

19 design, and construct a building in which to conduct the research and devel20 opment activities of the Center.

21 (C) Amounts authorized by section 5338(e)(2) of this title may be obli22 gated in the same way as amounts apportioned under chapter 1 of title 23

23 (except that the Government share of the cost of the activities conducted

24 under this paragraph is 80 percent and the amounts remain available until

25 expended) and are not subject to an obligational limitation.

26 (D) A grant made under this paragraph is not subject to the require27 ments of this section (except this paragraph).

28 (c) PROGRAM COORDINATION.—The Secretary shall provide for coordinat29 ing research, education, training, and technology transfer activities that

30 grant recipients carry out under this section, the dissemination of the re31 sults of the research, and the establishment and operation of a clearing32 house between the centers and the transportation industry. At least annu33 ally, the Secretary shall review and evaluate programs the grant recipients

34 carry out. The Secretary may use not more than one percent of amounts

35 made available from Government sources to carry out this section to carry

36 out this subsection.

37 (d) OBLIGATION CEILING.—Amounts authorized to carry out this section

38 (except subsection (b)(3)) are subject to obligational limitations established

39 under section 1002 of the Intermodal Surface Transportation Efficiency Act

40 of 1991 (Public Law 102–240, 105 Stat. 1916).
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1 (e) AMOUNTS AVAILABLE FOR TECHNOLOGY TRANSFER ACTIVITIES.—At

2 least 5 percent of the amounts made available to carry out this section in

3 a fiscal year are available to carry out technology transfer activities.

4 (f) ALLOCATION AMONG GOVERNMENT REGIONS.—The Secretary shall

5 allocate amounts available to carry out this section equitably among the

6 Government regions.

7 § 5318. Bus testing facility

8 (a) ESTABLISHMENT.—The Secretary of Transportation shall establish

9 one facility for testing a new bus model for maintainability, reliability, safe10 ty, performance (including braking performance), structural integrity, fuel

11 economy, emissions, and noise. The facility shall be established by renovat12 ing a facility built with assistance of the United States Government to train

13 rail personnel.

14 (b) OPERATION AND MAINTENANCE.—The Secretary shall make a con15 tract with a qualified person to operate and maintain the facility. The con16 tract may provide for the testing of rail cars and other vehicles at the facil17 ity.

18 (c) FEES.—The person operating and maintaining the facility shall estab19 lish and collect fees for the testing of vehicles at the facility. The Secretary

20 must approve the fees.

21 (d) AVAILABILITY OF AMOUNTS TO PAY FOR TESTING.—The Secretary

22 shall make a contract with the operator of the facility under which the Sec23 retary shall pay 80 percent of the cost of testing a vehicle at the facility

24 from amounts available under section 5338(j)(5) of this title. The entity

25 having the vehicle tested shall pay 20 percent of the cost.

26 (e) REVOLVING LOAN FUND.—The Secretary has a bus testing revolving

27 loan fund consisting of amounts authorized for the fund under section

28 317(b)(5) of the Surface Transportation and Relocation Assistance Act of

29 1987. The Secretary shall make available as repayable advances from the

30 fund to the person operating and maintaining the facility amounts to oper31 ate and maintain the facility.

32 § 5319. Bicycle facilities

33 A project to provide access for bicycles to mass transportation facilities,

34 to provide shelters and parking facilities for bicycles in or around mass

35 transportation facilities, or to install equipment for transporting bicycles on

36 mass transportation vehicles is a capital project eligible for assistance under

37 sections 5307, 5309, and 5311 of this title. Notwithstanding sections

38 5307(e), 5309(h), and 5311(g) of this title, a grant of the United States

39 Government under this chapter for a project under this section is for 90

40 percent of the cost of the project.
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1 § 5320. Suspended light rail system technology pilot project

2 (a) PURPOSE.—The purpose of this section is to provide for the construc3 tion by a public entity of a suspended light rail system technology pilot

4 project—

5 (1) to assess the state of new technology for a suspended light rail

6 system; and

7 (2) to establish the feasibility, costs, and benefits of using the system

8 to transport passengers.

9 (b) GENERAL REQUIREMENTS.—The project shall—

10 (1) use new rail technology with individual vehicles on a prefab11 ricated elevated steel guideway;

12 (2) be stability-seeking with a center of gravity for the detachable

13 passenger vehicles located below the point of wheel-rail contact; and

14 (3) use vehicles that are driven by overhead bogies with high effi15 ciency, low maintenance electric motors for each wheel, operating in a

16 slightly sloped plane from vertical for the wheels and the running rails,

17 to further increase stability, acceleration, and braking performance.

18 (c) COMPETITION.—(1) The Secretary of Transportation shall conduct a

19 national competition to select a public entity with which to make a full fi20 nancing grant agreement to construct the project. Not later than April 16,

21 1992, the Secretary shall select 3 public entities to be finalists in the com22 petition. In conducting the competition and selecting public entities, the

23 Secretary shall consider—

24 (A) the public entity’s demonstrated understanding and knowledge of

25 the project and its technical, managerial, and financial capacity to con26 struct, manage, and operate the project; and

27 (B) maximizing potential contributions to the cost of the project by

28 State, local, and private sector entities, including donation of in-kind

29 services and materials.

30 (2) The Secretary shall award a grant to each finalist to be used to par31 ticipate in the final phase of the competition under procedures the Secretary

32 prescribes. A grant may not be more than 80 percent of the cost of partici33 pating. A finalist may not receive more than one-third of the amount made

34 available under subsection (h)(1)(A) of this section.

35 (3) Not later than July 15, 1992, the Secretary shall select from among

36 the 3 finalists a public entity with which to make a full financing grant

37 agreement.

38 (d) ENVIRONMENTAL IMPACT.—Not later than 270 days after a public

39 entity is selected under subsection (c) of this section, the Secretary shall

40 approve and publish in the Federal Register a notice announcing either a

41 finding of no significant impact or a draft environmental impact statement
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1 for the project. The alternatives analysis for the project shall include a deci2 sion on whether to construct the project. If a draft statement is published,

3 the Secretary, not later than 180 days after publication, shall approve and

4 publish in the Federal Register a notice of completion of a final environ5 mental impact statement.

6 (e) FULL FINANCING GRANT AGREEMENT.—Not later than 60 days after

7 carrying out the requirements of subsection (d) of this section, the Secretary

8 shall make a full financing grant agreement under section 5309 of this title

9 with the public entity selected under subsection (c) of this section to con10 struct the project. The agreement shall provide that the system vendor for

11 the project shall finance—

12 (1) 100 percent of any deficit incurred in operating the project in

13 the first 2 years of revenue operations of the project; and

14 (2) 50 percent of any deficit incurred in operating the project in the

15 3d year of revenue operations of the project.

16 (f) NOTICE TO PROCEED.—Not later than 30 days after making the full

17 financing grant agreement, the Secretary shall issue a notice to proceed

18 with construction.

19 (g) OPTION NOT TO CONSTRUCT AND REAWARDING THE GRANT.—(1)

20 Not later than 30 days after completing preliminary engineering and design,

21 the selected public entity shall decide whether to proceed to constructing the

22 project. If the entity decides not to proceed—

23 (A) the Secretary shall not make the full financing grant agreement;

24 (B) remaining amounts received shall be returned to the Secretary

25 and credited to the Mass Transit Account of the Highway Trust Fund;

26 and

27 (C) the Secretary shall use the credited amount and other amounts

28 to be provided under this section to award to another entity selected

29 under subsection (c)(1) of this section a grant under section 5309 of

30 this title to construct the project.

31 (2) Not later than 60 days after a decision is made under paragraph (1)

32 of this subsection, a grant shall be awarded under paragraph (1)(C) of this

33 section after completing a competitive process for selecting the grant recipi34 ent.

35 (h) FINANCING.—(1) The Secretary shall pay from amounts provided

36 under section 5309 of this title the following:

37 (A) at least $1,000,000 for the fiscal year ending September 30,

38 1992, for grants under subsection (c)(2) of this section.

39 (B) at least $4,000,000 for the fiscal year ending September 30,

40 1993, for the United States Government share of the costs (as deter41 mined under section 5309 of this title) if the systems planning, alter-
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1 natives analysis, preliminary engineering, and design and environ2 mental impact statement are required by law for the project.

3 (C) at least $30,000,000 for the fiscal year ending September 30,

4 1994, as provided in the grant agreement under subsection (e) of this

5 section, for the Government share of the construction costs of the

6 project.

7 (2) The grant agreement under subsection (e) of this section shall provide

8 that for the 3d year of revenue operations of the project, the Secretary shall

9 pay from amounts provided under this section the Government share of op10 erating costs in an amount equal to the lesser of 50 percent of the deficit

11 incurred in operating the project in that year or $300,000.

12 (3) Amounts not expended under paragraph (1)(A) of this subsection are

13 available for the Government share of costs described in paragraph (1)(B)

14 and (C) of this subsection.

15 (4) Amounts under paragraph (1)(B) and (C) of this subsection remain

16 available until expended.

17 (i) GOVERNMENT’S SHARE OF COSTS.—The Government share of the

18 cost of constructing the project is 80 percent of the net cost of the project.

19 (j) PROJECT NOT SUBJECT TO MAJOR CAPITAL INVESTMENT POLICY.—

20 The project is not subject to the major capital investment policy of the Fed21 eral Transit Administration.

22 (k) REPORT.—Not later than January 30, 1993, and each year after that

23 date, the Secretary shall submit to Congress a report on the progress and

24 results of the project.

25 § 5321. Crime prevention and security

26 The Secretary of Transportation may make capital grants from amounts

27 available under section 5338 of this title to mass transportation systems for

28 crime prevention and security. This chapter does not prevent the financing

29 of a project under this section when a local governmental authority other

30 than the grant applicant has law enforcement responsibilities.

31 § 5322. Human resource programs

32 The Secretary of Transportation may undertake, or make grants and con33 tracts for, programs that address human resource needs as they apply to

34 mass transportation activities. A program may include—

35 (1) an employment training program;

36 (2) an outreach program to increase minority and female employ37 ment in mass transportation activities;

38 (3) research on mass transportation personnel and training needs;

39 and

40 (4) training and assistance for minority business opportunities.
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1 § 5323. General provisions on assistance

2 (a) INTERESTS IN PROPERTY.—(1) Financial assistance provided under

3 this chapter to a State or a local governmental authority may be used to

4 acquire an interest in, or buy property of, a private mass transportation

5 company, for a capital project for property acquired from a private mass

6 transportation company after July 9, 1964, or to operate mass transpor7 tation equipment or a mass transportation facility in competition with, or

8 in addition to, transportation service provided by an existing mass transpor9 tation company, only if—

10 (A) the Secretary of Transportation finds the assistance is essential

11 to a program of projects required under sections 5303–5306 of this

12 title;

13 (B) the Secretary of Transportation finds that the program, to the

14 maximum extent feasible, provides for the participation of private mass

15 transportation companies;

16 (C) just compensation under State or local law will be paid to the

17 company for its franchise or property; and

18 (D) the Secretary of Labor certifies that the assistance complies with

19 section 5333(b) of this title.

20 (2) A governmental authority may not use financial assistance of the

21 United States Government to acquire land, equipment, or a facility used in

22 mass transportation from another governmental authority in the same geo23 graphic area.

24 (b) NOTICE AND PUBLIC HEARING.—(1) An application for a grant or

25 loan under this chapter (except section 5307) for a capital project that will

26 affect substantially a community, or the mass transportation service of a

27 community, must include a certificate of the applicant that the applicant

28 has—

29 (A) provided an adequate opportunity for a public hearing with ade30 quate prior notice;

31 (B) held that hearing unless no one with a significant economic, so32 cial, or environmental interest requested one;

33 (C) considered the economic, social, and environmental effects of the

34 project; and

35 (D) found that the project is consistent with official plans for devel36 oping the urban area.

37 (2) Notice of a hearing under this subsection shall include a concise de38 scription of the proposed project and shall be published in a newspaper of

39 general circulation in the geographic area the project will serve. If a hearing

40 is held, a copy of the transcript of the hearing shall be submitted with the

41 application.
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1 (c) ACQUIRING NEW BUS MODELS.—Amounts appropriated or made

2 available under this chapter (except section 5307) after September 30,

3 1989, may be obligated or expended to acquire a new bus model only if a

4 bus of the model has been tested at the facility established under section

5 5318 of this title.

6 (d) BUYING AND OPERATING BUSES.—(1) Financial assistance under

7 this chapter may be used to buy or operate a bus only if the applicant, gov8 ernmental authority, or publicly owned operator that receives the assistance

9 agrees that, except as provided in the agreement, the governmental author10 ity or an operator of mass transportation for the governmental authority

11 will not provide charter bus transportation service outside the urban area

12 in which it provides regularly scheduled mass transportation service. An

13 agreement shall provide for a fair arrangement the Secretary of Transpor14 tation considers appropriate to ensure that the assistance will not enable a

15 governmental authority or an operator for a governmental authority to fore16 close a private operator from providing intercity charter bus service if the

17 private operator can provide the service.

18 (2) On receiving a complaint about a violation of an agreement, the Sec19 retary of Transportation shall investigate and decide whether a violation has

20 occurred. If the Secretary decides that a violation has occurred, the Sec21 retary shall correct the violation under terms of the agreement. In addition

22 to a remedy specified in the agreement, the Secretary may bar a recipient

23 under this subsection or an operator from receiving further assistance when

24 the Secretary finds a continuing pattern of violations of the agreement.

25 (e) BUS PASSENGER SEAT FUNCTIONAL SPECIFICATIONS.—The initial

26 advertising by a State or local governmental authority for bids to acquire

27 buses using financial assistance under this chapter (except section 5307)

28 may include passenger seat functional specifications that are at least equal

29 to performance specifications the Secretary of Transportation prescribes.

30 The specifications shall be based on a finding by the State or local govern31 mental authority of local requirements for safety, comfort, maintenance, and

32 life cycle costs.

33 (f) SCHOOLBUS TRANSPORTATION.—(1) Financial assistance under this

34 chapter may be used for a capital project, or to operate mass transportation

35 equipment or a mass transportation facility, only if the applicant agrees not

36 to provide schoolbus transportation that exclusively transports students and

37 school personnel in competition with a private schoolbus operator. This sub38 section does not apply—

39 (A) to an applicant that operates a school system in the area to be

40 served and a separate and exclusive schoolbus program for the school

41 system;
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1 (B) unless a private schoolbus operator can provide adequate trans2 portation that complies with applicable safety standards at reasonable

3 rates; and

4 (C) to a State or local governmental authority if it or a direct prede5 cessor in interest from which it acquired the duty of transporting

6 school children and personnel, and facilities to transport them, provided

7 schoolbus transportation at any time after November 25, 1973, but be8 fore November 26, 1974.

9 (2) An applicant violating an agreement under this subsection may not

10 receive other financial assistance under this chapter.

11 (g) BUYING BUSES UNDER OTHER LAWS.—Subsections (d) and (f) of

12 this section apply to financial assistance to buy a bus under sections

13 103(e)(4) and 142(a) or (c) of title 23. However, subsection (f)(1)(C) of

14 this section applies to sections 103(e)(4) and 142(a) or (c) only if schoolbus

15 transportation was provided at any time after August 12, 1972, but before

16 August 13, 1973.

17 (h) GRANT AND LOAN PROHIBITIONS.—A grant or loan may not be used

18 to—

19 (1) pay ordinary governmental or nonproject operating expenses; or

20 (2) support a procurement that uses an exclusionary or discrimina21 tory specification.

22 (i) GOVERNMENT’S SHARE OF COSTS FOR CERTAIN PROJECTS.—A Gov23 ernment grant for a project to be assisted under this chapter that involves

24 acquiring vehicle-related equipment required by the Clean Air Act (42

25 U.S.C. 7401 et seq.) or the Americans with Disabilities Act of 1990 (42

26 U.S.C. 12101 et seq.) is for 90 percent of the net project cost of the equip27 ment that is attributable to complying with those Acts. The Secretary of

28 Transportation, through practicable administrative procedures, may deter29 mine the costs attributable to that equipment.

30 (j) BUY AMERICAN.—(1) The Secretary of Transportation may obligate

31 an amount that may be appropriated to carry out this chapter for a project

32 only if the steel, iron, and manufactured goods used in the project are pro33 duced in the United States.

34 (2) The Secretary of Transportation may waive paragraph (1) of this sub35 section if the Secretary finds that—

36 (A) applying paragraph (1) would be inconsistent with the public in37 terest;

38 (B) the steel, iron, and goods produced in the United States are not

39 produced in a sufficient and reasonably available amount or are not of

40 a satisfactory quality;
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1 (C) when procuring rolling stock (including train control, commu2 nication, and traction power equipment) under this chapter—

3 (i) the cost of components and subcomponents produced in the

4 United States is more than 60 percent of the cost of all compo5 nents of the rolling stock; and

6 (ii) final assembly of the rolling stock has occurred in the Unit7 ed States; or

8 (D) including domestic material will increase the cost of the overall

9 project by more than 25 percent.

10 (3) In this subsection, labor costs involved in final assembly are not in11 cluded in calculating the cost of components.

12 (4) The Secretary of Transportation may not make a waiver under para13 graph (2) of this subsection for goods produced in a foreign country if the

14 Secretary, in consultation with the United States Trade Representative, de15 cides that the government of that foreign country—

16 (A) has an agreement with the United States Government under

17 which the Secretary has waived the requirement of this subsection; and

18 (B) has violated the agreement by discriminating against goods to

19 which this subsection applies that are produced in the United States

20 and to which the agreement applies.

21 (5) A person is ineligible under subpart 9.4 of chapter 1 of title 48, Code

22 of Federal Regulations, to receive a contract or subcontract made with

23 amounts authorized under the Intermodal Surface Transportation Efficiency

24 Act of 1991 (Public Law 102–240, 105 Stat. 1914) if a court or depart25 ment, agency, or instrumentality of the Government decides the person in26 tentionally—

27 (A) affixed a ‘‘Made in America’’ label, or a label with an inscription

28 having the same meaning, to goods sold in or shipped to the United

29 States that are used in a project to which this subsection applies but

30 not produced in the United States; or

31 (B) represented that goods described in clause (A) of this paragraph

32 were produced in the United States.

33 (6) The Secretary of Transportation may not impose any limitation on

34 assistance provided under this chapter that restricts a State from imposing

35 more stringent requirements than this subsection on the use of articles, ma36 terials, and supplies mined, produced, or manufactured in foreign countries

37 in projects carried out with that assistance or restricts a recipient of that

38 assistance from complying with those State-imposed requirements.

39 (7) Not later than January 1, 1995, the Secretary of Transportation shall

40 submit to Congress a report on purchases from foreign entities waived

41 under paragraph (2) of this subsection in the fiscal years ending September
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1 30, 1992, and September 30, 1993. The report shall indicate the dollar

2 value of items for which waivers were granted.

3 (k) APPLICATION OF SECTION 135 OF TITLE 23.—The planning and pro4 gramming requirements of section 135 of title 23 apply to a grant made

5 under sections 5307–5311 of this title.

6 § 5324. Limitations on discretionary and special needs

7 grants and loans

8 (a) RELOCATION PROGRAM REQUIREMENTS.—Financial assistance may

9 be provided under section 5309 of this title only if the Secretary of Trans10 portation decides that—

11 (1) an adequate relocation program is being carried out for families

12 displaced by a project; and

13 (2) an equal number of decent, safe, and sanitary dwellings are

14 being, or will be, provided to those families in the same area or in an15 other area generally not less desirable for public utilities and public and

16 commercial facilities, at rents or prices within the financial means of

17 those families, and with reasonable access to their places of employ18 ment.

19 (b) ECONOMIC, SOCIAL, AND ENVIRONMENTAL INTERESTS.—(1) In car20 rying out section 5301(e) of this title, the Secretary of Transportation shall

21 cooperate and consult with the Secretaries of Agriculture, Health and

22 Human Services, Housing and Urban Development, and the Interior and

23 the Council on Environmental Quality on each project that may have a sub24 stantial impact on the environment.

25 (2) In carrying out section 5309 of this title, the Secretary of Transpor26 tation shall review each transcript of a hearing submitted under section

27 5323(b) of this title to establish that an adequate opportunity to present

28 views was given to all parties with a significant economic, social, or environ29 mental interest and that the project application includes a statement on—

30 (A) the environmental impact of the proposal;

31 (B) adverse environmental effects that cannot be avoided;

32 (C) alternatives to the proposal; and

33 (D) irreversible and irretrievable impacts on the environment.

34 (3)(A) The Secretary of Transportation may approve an application for

35 financial assistance under section 5309 of this title only if the Secretary

36 makes written findings, after reviewing the application and any hearings

37 held before a State or local governmental authority under section 5323(b)

38 of this title, that—

39 (i) an adequate opportunity to present views was given to all parties

40 with a significant economic, social, or environmental interest;
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1 (ii) the preservation and enhancement of the environment, and the

2 interest of the community in which a project is located, were consid3 ered; and

4 (iii) no adverse environmental effect is likely to result from the

5 project, or no feasible and prudent alternative to the effect exists and

6 all reasonable steps have been taken to minimize the effect.

7 (B) If a hearing has not been conducted or the Secretary of Transpor8 tation decides that the record of the hearing is inadequate for making the

9 findings required by this subsection, the Secretary shall conduct a hearing

10 on an environmental issue raised by the application after giving adequate

11 notice to interested persons.

12 (C) A finding of the Secretary of Transportation under subparagraph (A)

13 of this paragraph shall be made a matter of public record.

14 (c) PROHIBITIONS AGAINST REGULATING OPERATIONS AND CHARGES.—

15 The Secretary of Transportation may not regulate the operation of a mass

16 transportation system for which a grant is made under section 5309 of this

17 title and, after a grant is made, may not regulate any charge for the system.

18 However, the Secretary may require the local governmental authority, cor19 poration, or association to comply with any undertaking provided by it relat20 ed to its grant application.

21 § 5325. Contract requirements

22 (a) NONCOMPETITIVE BIDDING.—A capital project or improvement con23 tract for which a grant or loan is made under this chapter, if the contract

24 is not made through competitive bidding, shall provide that records related

25 to the contract shall be made available to the Secretary of Transportation

26 and the Comptroller General, or an officer or employee of the Secretary or

27 Comptroller General, when conducting an audit and inspection.

28 (b) ACQUIRING ROLLING STOCK.—A recipient of financial assistance of

29 the United States Government under this chapter may make a contract to

30 expend that assistance to acquire rolling stock—

31 (1) based on—

32 (A) initial capital costs; or

33 (B) performance, standardization, life cycle costs, and other fac34 tors; or

35 (2) with a party selected through a competitive procurement process.

36 (c) PROCURING ASSOCIATED CAPITAL MAINTENANCE ITEMS.—A recipi37 ent of a grant under section 5307 of this title procuring an associated cap38 ital maintenance item under section 5307(b) may make a contract directly

39 with the original manufacturer or supplier of the item to be replaced, with40 out receiving prior approval of the Secretary, if the recipient first certifies

41 in writing to the Secretary that—
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1 (1) the manufacturer or supplier is the only source for the item; and

2 (2) the price of the item is no more than the price similar customers

3 pay for the item.

4 (d) MANAGEMENT, ARCHITECTURAL, AND ENGINEERING CONTRACTS.—

5 A contract for program management, construction management, a feasibility

6 study, and preliminary engineering, design, architectural, engineering, sur7 veying, mapping, or related services for a project for which a grant or loan

8 is made under this chapter shall be awarded in the same way as a contract

9 for architectural and engineering services is negotiated under title IX of the

10 Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541

11 et seq.) or an equivalent qualifications-based requirement of a State. This

12 subsection does not apply to the extent a State has adopted or adopts by

13 law a formal procedure for procuring those services.

14 § 5326. Special procurements

15 (a) TURNKEY SYSTEM PROJECTS.—(1) In this subsection, ‘‘turnkey sys16 tem project’’ means a project under which a recipient makes a contract with

17 a seller, firm, or consortium of firms to construct a mass transportation sys18 tem that meets specific performance criteria and that the seller operates for

19 a period of time.

20 (2) To advance new technologies and lower the cost of a capital project

21 for a new mass transportation system, the Secretary of Transportation shall

22 allow solicitation for a turnkey system project to be financed under this

23 chapter to be awarded conditionally before United States Government re24 quirements have been met on the project if the award is made without prej25 udice to carrying out those requirements. Government financial assistance

26 under this chapter may be made available for the project after the recipient

27 complies with Government requirements.

28 (3) To develop regulations applying generally to turnkey system projects,

29 the Secretary may approve at least 2 projects for an initial demonstration

30 phase. The results of the demonstration projects (and other projects using

31 this procurement method on December 18, 1991) shall be considered in de32 veloping guidelines to carry out this subsection.

33 (b) MULTIYEAR ROLLING STOCK.—(1) A recipient procuring rolling stock

34 with Government financial assistance under this chapter may make a

35 multiyear contract to buy the rolling stock and replacement parts under

36 which the recipient has an option to buy additional rolling stock or replace37 ment parts for not more than 5 years after the date of the original contract.

38 (2) The Secretary shall allow at least 2 recipients to act on a cooperative

39 basis to procure rolling stock in compliance with this subsection and other

40 Government procurement requirements.
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1 (c) EFFICIENT PROCUREMENT.—A recipient may award a procurement

2 contract under this chapter to other than the lowest bidder when the award

3 furthers an objective consistent with the purposes of this chapter, including

4 improved long-term operating efficiency and lower long-term costs. Not later

5 than March 17, 1992, the Secretary shall—

6 (1) make appropriate changes in existing procedures to make the

7 policy stated in this subsection readily practicable for all mass trans8 portation authorities; and

9 (2) prescribe guidance that clarifies and carries out the policy.

10 § 5327. Project management oversight

11 (a) PROJECT MANAGEMENT PLAN REQUIREMENTS.—To receive United

12 States Government financial assistance for a major capital project under

13 this chapter or the National Capital Transportation Act of 1969 (Public

14 Law 91–143, 83 Stat. 320), a recipient must prepare and carry out a

15 project management plan approved by the Secretary of Transportation. The

16 plan shall provide for—

17 (1) adequate recipient staff organization with well-defined reporting

18 relationships, statements of functional responsibilities, job descriptions,

19 and job qualifications;

20 (2) a budget covering the project management organization, appro21 priate consultants, property acquisition, utility relocation, systems dem22 onstration staff, audits, and miscellaneous payments the recipient may

23 be prepared to justify;

24 (3) a construction schedule for the project;

25 (4) a document control procedure and recordkeeping system;

26 (5) a change order procedure that includes a documented, systematic

27 approach to the handling of construction change orders;

28 (6) organizational structures, management skills, and staffing levels

29 required throughout the construction phase;

30 (7) quality control and quality assurance functions, procedures, and

31 responsibilities for construction, system installation, and integration of

32 system components;

33 (8) material testing policies and procedures;

34 (9) internal plan implementation and reporting requirements;

35 (10) criteria and procedures to be used for testing the operational

36 system or its major components;

37 (11) periodic updates of the plan, especially related to project budget

38 and project schedule, financing, ridership estimates, and the status of

39 local efforts to enhance ridership where ridership estimates partly de40 pend on the success of those efforts; and
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1 (12) the recipient’s commitment to submit a project budget and

2 project schedule to the Secretary each month.

3 (b) PLAN APPROVAL.—(1) The Secretary shall approve a plan not later

4 than 60 days after it is submitted. If the approval cannot be completed

5 within 60 days, the Secretary shall notify the recipient, explain the reasons

6 for the delay, and estimate the additional time that will be required.

7 (2) The Secretary shall inform the recipient of the reasons when a plan

8 is disapproved.

9 (c) LIMITATIONS ON USE OF AVAILABLE AMOUNTS.—(1) The Secretary

10 may use not more than .5 percent of amounts made available for a fiscal

11 year to carry out section 5307, 5309, or 5311 of this title, an interstate

12 transfer mass transportation project under section 103(e)(4) of title 23 as

13 in effect on September 30, 1991, or a project under the National Capital

14 Transportation Act of 1969 (Public Law 91–143, 83 Stat. 320) to make

15 a contract to oversee the construction of a major project under section

16 5307, 5309, 5311, or 103(e)(4) of that Act. The Secretary may use when

17 necessary not more than an additional .25 percent of amounts made avail18 able in a fiscal year to carry out a major project under section 5307 to

19 make a contract to oversee the construction of the project.

20 (2) The Secretary may use amounts available under paragraph (1) of this

21 subsection to make contracts for safety, procurement, management, and fi22 nancial compliance reviews and audits of a recipient of amounts under para23 graph (1). Subsections (a), (b), and (e) of this section do not apply to con24 tracts under this paragraph.

25 (3) The Government shall pay the entire cost of carrying out a contract

26 under this subsection.

27 (d) ACCESS TO SITES AND RECORDS.—Each recipient of assistance under

28 this chapter or section 14(b) of the National Capital Transportation Act of

29 1969 (Public Law 91–143, 83 Stat. 320), as added by section 2 of the Na30 tional Capital Transportation Amendments of 1979 (Public Law 96–184, 93

31 Stat. 1320), shall provide the Secretary and a contractor the Secretary

32 chooses under subsection (c) of this section with access to the construction

33 sites and records of the recipient when reasonably necessary.

34 (e) REGULATIONS.—The Secretary shall prescribe regulations necessary

35 to carry out this section. The regulations shall include—

36 (1) a definition of ‘‘major capital project’’ for subsection (c) of this

37 section that excludes a project to acquire rolling stock or to maintain

38 or rehabilitate a vehicle; and

39 (2) a requirement that oversight begin during the preliminary engi40 neering stage of a project, unless the Secretary finds it more appro41 priate to begin the oversight during another stage of the project, to
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1 maximize the transportation benefits and cost savings associated with

2 project management oversight.

3 § 5328. Project review

4 (a) SCHEDULE.—(1) When the Secretary of Transportation allows a new

5 fixed guideway project to advance into the alternatives analysis stage of

6 project review, the Secretary shall cooperate with the applicant in alter7 natives analysis and in preparing a draft environmental impact statement

8 and shall approve the draft for circulation not later than 45 days after the

9 applicant submits the draft to the Secretary.

10 (2) After the draft is circulated and not later than 30 days after the ap11 plicant selects a locally preferred alternative, the Secretary shall allow the

12 project to advance to the preliminary engineering stage if the Secretary

13 finds the project is consistent with section 5309(e)(1)–(6) of this title.

14 (3) The Secretary shall issue a record of decision and allow a project to

15 advance to the final design stage of construction not later than 120 days

16 after the final environmental impact statement for the project is completed.

17 (4) The Secretary shall make a full financing grant agreement under sec18 tion 5309 of this title for a project not later than 120 days after the project

19 enters the final design stage of construction. The agreement shall provide

20 for a United States Government share of the construction cost at least equal

21 to the Government share estimated in the Secretary’s most recent report re22 quired under section 5309(m)(2) of this title or an update of the report un23 less the applicant requests otherwise.

24 (b) ALLOWED DELAYS.—(1) Advancement of a project under the time re25 quirements of subsection (a) of this section may be delayed only—

26 (A) for the time the applicant may request; or

27 (B) during the time the Secretary finds, after reasonable notice and

28 an opportunity for comment, that the applicant, for reasons attrib29 utable only to the applicant, has not complied substantially with the

30 provisions of this chapter applicable to the project.

31 (2) Not more than 10 days after imposing a delay under paragraph

32 (1)(B) of this subsection, the Secretary shall give the applicant a written

33 statement explaining the reasons for the delay and describing actions the

34 applicant must take to end the delay.

35 (3) At least once every 6 months, the Secretary shall report to the Com36 mittee on Public Works and Transportation of the House of Representatives

37 and the Committee on Banking, Housing, and Urban Affairs of the Senate

38 on each situation in which the Secretary has not met a time requirement

39 of subsection (a) of this section or delayed a time requirement under para40 graph (1)(B) of this subsection. The report shall explain the reasons for the
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1 delay and include a plan for achieving timely completion of the Secretary’s

2 review.

3 (c) PROGRAM OF INTERRELATED PROJECTS.—(1) In this subsection, a

4 program of interrelated projects includes the following:

5 (A) the New Jersey Urban Core Project (as defined in title III of

6 the Intermodal Surface Transportation Efficiency Act of 1991 (Public

7 Law 102–240, 105 Stat. 2087)).

8 (B) the San Francisco Bay Area Rail Extension Program, consisting

9 of at least an extension of the San Francisco Bay Area Rapid Transit

10 District to the San Francisco International Airport (Phase 1a to Colma

11 and Phase 1b to San Francisco Airport), the Santa Clara County

12 Transit District Tasman Corridor Project, a program element des13 ignated by a change to the Metropolitan Transportation Commission

14 Resolution No. 1876, and a program element financed completely with

15 non-Government amounts, including the BART Warm Springs Exten16 sion, Dublin Extension, and West Pittsburg Extension.

17 (C) the Los Angeles Metro Rail Minimum Operable Segment-3 Pro18 gram, consisting of 7 stations and approximately 11.6 miles of heavy

19 rail subway on the following lines:

20 (i) one line running west and northwest from the Hollywood/

21 Vine station to the North Hollywood station, with 2 intermediate

22 stations.

23 (ii) one line running west from the Wilshire/Western station to

24 the Pico/San Vicente station, with one intermediate station.

25 (iii) the East Side Extension, consisting of an initial line of ap26 proximately 3 miles, with at least 2 stations, beginning at Union

27 Station and running generally east.

28 (D) the Baltimore-Washington Transportation Improvement Pro29 gram, consisting of 3 extensions of the Baltimore Light Rail to Hunt

30 Valley, Penn Station, and Baltimore-Washington Airport, MARC exten31 sions to Frederick and Waldorf, Maryland, and an extension of the

32 Washington Subway system to Largo, Maryland.

33 (E) the Tri-County Metropolitan Transportation District of Oregon

34 Westside Light Rail Program, consisting of the locally preferred alter35 native for the Westside Light Rail Project, including system related

36 costs, contained in the Department of Transportation and Related

37 Agencies Appropriations Act, 1991 (Public Law 101–516, 104 Stat.

38 2155), and defined in House Report 101–584, and the Hillsboro exten39 sion to the Westside Light Rail Project contained in that Act.

40 (F) the Queens Local/Express Connector Program, consisting of the

41 locally preferred alternative for the connection of the 63d Street tunnel
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1 extension to the Queens Boulevard lines, the bell-mouth part of the

2 connector that will allow for future access by commuter rail trains and

3 other subway lines to the 63d Street tunnel extension, planning ele4 ments for connecting the upper and lower levels to commuter and sub5 way lines in Long Island City, and planning elements for providing a

6 connector for commuter rail transportation to the East side of Manhat7 tan and subway lines to the proposed Second Avenue subway.

8 (G) the Dallas Area Rapid Transit Authority light rail elements of

9 the New System Plan, consisting of the locally preferred alternative for

10 the South Oak Cliff corridor, the South Oak Cliff corridor extension11 Camp Wisdom, the West Oak Cliff corridor-Westmoreland, the North

12 Central corridor-Park Lane, the North Central corridor-Richardson,

13 Plano, and Garland extensions, the Pleasant Grove corridor-Buckner,

14 and the Carrollton corridors-Farmers Branch and Las Colinas termi15 nal.

16 (H) other programs designated by law or the Secretary.

17 (2) Consistent with the time requirements of subsection (a) of this section

18 or as otherwise provided by law, the Secretary shall make at least one full

19 financing grant agreement for each program described in paragraph (1) of

20 this subsection. The agreement shall include commitments to advance each

21 of the applicant’s program elements (in the program of interrelated

22 projects) through the appropriate program review stages as provided in sub23 section (a) or as otherwise provided by law and to provide Government fi24 nancing for each element. The agreement may be changed to include design

25 and construction of a particular element.

26 (3) When reviewing a project in a program of interrelated projects, the

27 Secretary shall consider the local financial commitment, transportation ef28 fectiveness, and other assessment factors of all program elements to the ex29 tent consideration expedites carrying out the project.

30 (4) Including a program element not financed by the Government in a

31 program of interrelated projects does not impose Government requirements

32 that otherwise would not apply to the element.

33 § 5329. Investigation of safety hazards

34 (a) GENERAL.—The Secretary of Transportation may investigate a condi35 tion in equipment, a facility, or an operation financed under this chapter

36 that the Secretary believes causes a serious hazard of death or injury to es37 tablish the nature and extent of the condition and how to eliminate or cor38 rect it. If the Secretary establishes that a condition causes a hazard, the

39 Secretary shall require the local governmental authority receiving amounts

40 under this chapter to submit a plan for correcting it. The Secretary may
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1 withhold further financial assistance under this chapter until a plan is ap2 proved and carried out.

3 (b) REPORT.—Not later than June 15, 1992, the Secretary shall submit

4 to Congress a report containing—

5 (1) a description of actions taken to identify and investigate condi6 tions in a facility, equipment, or way of operating as part of the find7 ings and decisions required of the Secretary in providing a grant or

8 loan under this chapter;

9 (2) a description of actions of the Secretary to correct or eliminate,

10 as a requirement for making an amount available through a grant or

11 loan under this chapter, a condition found to create a serious hazard

12 of death or injury;

13 (3) a summary of all passenger-related deaths and injuries resulting

14 from an unsafe condition in a facility, equipment, or way of operating

15 a facility or equipment at least partly financed under this chapter;

16 (4) a summary of all employee-related deaths and injuries resulting

17 from an unsafe condition in a facility, equipment, or way of operating

18 a facility or equipment at least partly financed under this chapter;

19 (5) a summary of action of the Secretary to correct or eliminate the

20 unsafe condition to which the deaths and injuries referred to in clauses

21 (3) and (4) of this subsection were attributed;

22 (6) a summary of actions of the Secretary to alert mass transpor23 tation operators of the nature of the unsafe condition found to create

24 a serious hazard of death or injury; and

25 (7) recommendations of the Secretary to Congress of any legislative

26 or administrative actions necessary to ensure that all recipients of

27 amounts under this chapter will undertake the best way available to

28 correct or eliminate hazards of death or injury, including—

29 (A) a timetable for undertaking actions;

30 (B) an estimate of the capital and operating cost to take the

31 actions; and

32 (C) minimum standards for establishing and carrying out safety

33 plans by recipients of amounts under this chapter.

34 § 5330. Withholding amounts for noncompliance with safety

35 requirements

36 (a) APPLICATION.—This section applies only to States that have rail fixed

37 guideway mass transportation systems not subject to regulation by the Fed38 eral Railroad Administration.

39 (b) GENERAL AUTHORITY.—The Secretary of Transportation may with40 hold not more than 5 percent of the amount required to be appropriated

41 for use in a State or urbanized area in the State under section 5307 of this
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1 title for a fiscal year beginning after September 30, 1994, if the State in

2 the prior fiscal year has not met the requirements of subsection (c) of this

3 section and the Secretary decides the State is not making an adequate effort

4 to comply with subsection (c).

5 (c) STATE REQUIREMENTS.—A State meets the requirements of this sec6 tion if the State—

7 (1) establishes and is carrying out a safety program plan for each

8 fixed guideway mass transportation system in the State that establishes

9 at least safety requirements, lines of authority, levels of responsibility

10 and accountability, and methods of documentation for the system; and

11 (2) designates a State authority as having responsibility—

12 (A) to require, review, approve, and monitor the carrying out of

13 each plan;

14 (B) to investigate hazardous conditions and accidents on the

15 systems; and

16 (C) to require corrective action to correct or eliminate those

17 conditions.

18 (d) MULTISTATE INVOLVEMENT.—When more than one State is subject

19 to this section in connection with a single mass transportation authority, the

20 affected States may designate an entity (except the mass transportation au21 thority) to ensure uniform safety standards and enforcement and to meet

22 the requirements of subsection (c) of this section.

23 (e) AVAILABILITY OF WITHHELD AMOUNTS.—(1) An amount withheld

24 under subsection (b) of this section remains available for apportionment for

25 use in the State until the end of the 2d fiscal year after the fiscal year for

26 which the amount may be appropriated.

27 (2) If a State meets the requirements of subsection (c) of this section be28 fore the last day of the period for which an amount withheld under sub29 section (b) of this section remains available under paragraph (1) of this sub30 section, the Secretary, on the first day on which the State meets the re31 quirements, shall apportion to the State the amount withheld that remains

32 available for apportionment for use in the State. An amount apportioned

33 under this paragraph remains available until the end of the 3d fiscal year

34 after the fiscal year in which the amount is apportioned. An amount not

35 obligated at the end of the 3-year period shall be apportioned for use in

36 other States under section 5336 of this title.

37 (3) If a State does not meet the requirements of subsection (c) of this

38 section at the end of the period for which an amount withheld under sub39 section (b) of this section remains available under paragraph (1) of this sub40 section, the amount shall be apportioned for use in other States under sec41 tion 5336 of this title.
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1 (f) REGULATIONS.—Not later than December 18, 1992, the Secretary

2 shall prescribe regulations stating the requirements for complying with sub3 section (c) of this section.

4 § 5331. Alcohol and controlled substances testing

5 (a) DEFINITIONS.—In this section—

6 (1) ‘‘controlled substance’’ means any substance under section 102

7 of the Comprehensive Drug Abuse Prevention and Control Act of 1970

8 (21 U.S.C. 802) whose use the Secretary of Transportation decides has

9 a risk to transportation safety.

10 (2) ‘‘person’’ includes any entity organized or existing under the laws

11 of the United States, a State, territory, or possession of the United

12 States, or a foreign country.

13 (3) ‘‘mass transportation’’ means any form of mass transportation,

14 except a form the Secretary decides is covered adequately, for employee

15 alcohol and controlled substances testing purposes, under subchapter

16 III of chapter 201 or section 31306 of this title.

17 (b) TESTING PROGRAM FOR MASS TRANSPORTATION EMPLOYEES.—

18 (1)(A) In the interest of mass transportation safety, the Secretary of Trans19 portation shall prescribe regulations not later than October 28, 1992, that

20 establish a program requiring mass transportation operations that receive

21 financial assistance under section 5307, 5309, or 5311 of this title or sec22 tion 103(e)(4) of title 23 to conduct preemployment, reasonable suspicion,

23 random, and post-accident testing of mass transportation employees respon24 sible for safety-sensitive functions (as decided by the Secretary) for the use

25 of alcohol or a controlled substance in violation of law or a United States

26 Government regulation.

27 (B) When the Secretary of Transportation considers it appropriate in the

28 interest of safety, the Secretary may prescribe regulations for conducting

29 periodic recurring testing of mass transportation employees responsible for

30 safety-sensitive functions (as decided by the Secretary) for the use of alcohol

31 or a controlled substance in violation of law or a Government regulation.

32 (2) In prescribing regulations under this subsection, the Secretary of

33 Transportation—

34 (A) shall require that post-accident testing of such a mass transpor35 tation employee be conducted when loss of human life occurs in an ac36 cident involving mass transportation; and

37 (B) may require that post-accident testing of such a mass transpor38 tation employee be conducted when bodily injury or significant property

39 damage occurs in any other serious accident involving mass transpor40 tation.
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1 (c) DISQUALIFICATIONS FOR USE.—(1) When the Secretary of Transpor2 tation considers it appropriate, the Secretary shall require disqualification

3 for an established period of time or dismissal of any employee referred to

4 in subsection (b)(1) of this section who is found—

5 (A) to have used or been impaired by alcohol when on duty; or

6 (B) to have used a controlled substance, whether or not on duty, ex7 cept as allowed for medical purposes by law or regulation.

8 (2) This section does not supersede any penalty applicable to a mass

9 transportation employee under another law.

10 (d) TESTING AND LABORATORY REQUIREMENTS.—In carrying out sub11 section (b) of this section, the Secretary of Transportation shall develop re12 quirements that shall—

13 (1) promote, to the maximum extent practicable, individual privacy

14 in the collection of specimens;

15 (2) for laboratories and testing procedures for controlled substances,

16 incorporate the Department of Health and Human Services scientific

17 and technical guidelines dated April 11, 1988, and any amendments to

18 those guidelines, including mandatory guidelines establishing—

19 (A) comprehensive standards for every aspect of laboratory con20 trolled substances testing and laboratory procedures to be applied

21 in carrying out this section, including standards requiring the use

22 of the best available technology to ensure the complete reliability

23 and accuracy of controlled substances tests and strict procedures

24 governing the chain of custody of specimens collected for con25 trolled substances testing;

26 (B) the minimum list of controlled substances for which individ27 uals may be tested; and

28 (C) appropriate standards and procedures for periodic review of

29 laboratories and criteria for certification and revocation of certifi30 cation of laboratories to perform controlled substances testing in

31 carrying out this section;

32 (3) require that a laboratory involved in controlled substances testing

33 under this section have the capability and facility, at the laboratory,

34 of performing screening and confirmation tests;

35 (4) provide that all tests indicating the use of alcohol or a controlled

36 substance in violation of law or a Government regulation be confirmed

37 by a scientifically recognized method of testing capable of providing

38 quantitative information about alcohol or a controlled substance;

39 (5) provide that each specimen be subdivided, secured, and labeled

40 in the presence of the tested individual and that a part of the specimen

41 be retained in a secure manner to prevent the possibility of tampering,
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1 so that if the individual’s confirmation test results are positive the indi2 vidual has an opportunity to have the retained part tested by a 2d con3 firmation test done independently at another certified laboratory if the

4 individual requests the 2d confirmation test not later than 3 days after

5 being advised of the results of the first confirmation test;

6 (6) ensure appropriate safeguards for testing to detect and quantify

7 alcohol in breath and body fluid samples, including urine and blood,

8 through the development of regulations that may be necessary and in

9 consultation with the Secretary of Health and Human Services;

10 (7) provide for the confidentiality of test results and medical infor11 mation (except information about alcohol or a controlled substance) of

12 employees, except that this clause does not prevent the use of test re13 sults for the orderly imposition of appropriate sanctions under this sec14 tion; and

15 (8) ensure that employees are selected for tests by nondiscriminatory

16 and impartial methods, so that no employee is harassed by being treat17 ed differently from other employees in similar circumstances.

18 (e) REHABILITATION.—The Secretary of Transportation shall prescribe

19 regulations establishing requirements for rehabilitation programs that pro20 vide for the identification and opportunity for treatment of any mass trans21 portation employee referred to in subsection (b)(1) of this section who is

22 found to have used alcohol or a controlled substance in violation of law or

23 a Government regulation. The Secretary shall decide on the circumstances

24 under which employees shall be required to participate in a program. This

25 subsection does not prevent a mass transportation operation from establish26 ing a program under this section in cooperation with another mass trans27 portation operation.

28 (f) RELATIONSHIP TO OTHER LAWS, REGULATIONS, STANDARDS, AND

29 ORDERS.—(1) A State or local government may not prescribe, issue, or con30 tinue in effect a law, regulation, standard, or order that is inconsistent with

31 regulations prescribed under this section. However, a regulation prescribed

32 under this section does not preempt a State criminal law that imposes sanc33 tions for reckless conduct leading to loss of life, injury, or damage to prop34 erty.

35 (2) In prescribing regulations under this section, the Secretary of Trans36 portation—

37 (A) shall establish only requirements that are consistent with inter38 national obligations of the United States; and

39 (B) shall consider applicable laws and regulations of foreign coun40 tries.
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1 (3) This section does not prevent the Secretary of Transportation from

2 continuing in effect, amending, or further supplementing a regulation pre3 scribed before October 28, 1991, governing the use of alcohol or a controlled

4 substance by mass transportation employees.

5 (g) INELIGIBILITY FOR ASSISTANCE.—A person is not eligible for finan6 cial assistance under section 5307, 5309, or 5311 of this title or section

7 103(e)(4) of title 23 if the person is required, under regulations the Sec8 retary of Transportation prescribes under this section, to establish a pro9 gram of alcohol and controlled substances testing and does not establish the

10 program.

11 § 5332. Nondiscrimination

12 (a) DEFINITION.—In this section, ‘‘person’’ includes a governmental au13 thority, political subdivision, authority, legal representative, trust, unincor14 porated organization, trustee, trustee in bankruptcy, and receiver.

15 (b) PROHIBITIONS.—A person may not be excluded from participating in,

16 denied a benefit of, or discriminated against under, a project, program, or

17 activity receiving financial assistance under this chapter because of race,

18 color, creed, national origin, sex, or age.

19 (c) COMPLIANCE.—(1) The Secretary of Transportation shall take affirm20 ative action to ensure compliance with subsection (b) of this section.

21 (2) When the Secretary decides that a person receiving financial assist22 ance under this chapter is not complying with subsection (b) of this section,

23 a civil rights law of the United States, or a regulation or order under that

24 law, the Secretary shall notify the person of the decision and require action

25 be taken to ensure compliance with subsection (b).

26 (d) AUTHORITY OF SECRETARY FOR NONCOMPLIANCE.—If a person does

27 not comply with subsection (b) of this section within a reasonable time after

28 receiving notice, the Secretary shall—

29 (1) direct that no further financial assistance of the United States

30 Government under this chapter be provided to the person;

31 (2) refer the matter to the Attorney General with a recommendation

32 that a civil action be brought;

33 (3) proceed under title VI of the Civil Rights Act of 1964 (42 U.S.C.

34 2000d et seq.); and

35 (4) take any other action provided by law.

36 (e) CIVIL ACTIONS BY ATTORNEY GENERAL.—The Attorney General may

37 bring a civil action for appropriate relief when—

38 (1) a matter is referred to the Attorney General under subsection

39 (d)(2) of this section; or

40 (2) the Attorney General believes a person is engaged in a pattern

41 or practice in violation of this section.
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1 (f) APPLICATION AND RELATIONSHIP TO OTHER LAWS.—This section ap2 plies to an employment or business opportunity and is in addition to title

3 VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).

4 § 5333. Labor standards

5 (a) PREVAILING WAGES REQUIREMENT.—The Secretary of Transpor6 tation shall ensure that laborers and mechanics employed by contractors

7 and subcontractors in construction work financed with a grant or loan

8 under this chapter be paid wages not less than those prevailing on similar

9 construction in the locality, as determined by the Secretary of Labor under

10 the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C.

11 276a—276a–5). The Secretary of Transportation may approve a grant or

12 loan only after being assured that required labor standards will be main13 tained on the construction work. For a labor standard under this subsection,

14 the Secretary of Labor has the same duties and powers stated in Reorga15 nization Plan No. 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and sec16 tion 2 of the Act of June 13, 1934 (40 U.S.C. 276c).

17 (b) EMPLOYEE PROTECTIVE ARRANGEMENTS.—(1) As a condition of fi18 nancial assistance under sections 5307–5312, 5318(d), 5323(a)(1), (b), (d),

19 and (e), 5328, 5337, and 5338(j)(5) of this title, the interests of employees

20 affected by the assistance shall be protected under arrangements the Sec21 retary of Labor concludes are fair and equitable. The agreement granting

22 the assistance under sections 5307–5312, 5318(d), 5323(a)(1), (b), (d), and

23 (e), 5328, 5337, and 5338(j)(5) shall specify the arrangements.

24 (2) Arrangements under this subsection shall include provisions that may

25 be necessary for—

26 (A) the preservation of rights, privileges, and benefits (including con27 tinuation of pension rights and benefits) under existing collective bar28 gaining agreements or otherwise;

29 (B) the continuation of collective bargaining rights;

30 (C) the protection of individual employees against a worsening of

31 their positions related to employment;

32 (D) assurances of employment to employees of acquired mass trans33 portation systems;

34 (E) assurances of priority of reemployment of employees whose em35 ployment is ended or who are laid off; and

36 (F) paid training or retraining programs.

37 (3) Arrangements under this subsection shall provide benefits at least

38 equal to benefits established under section 11347 of this title.

39 § 5334. Administrative

40 (a) GENERAL AUTHORITY.—In carrying out this chapter, the Secretary

41 of Transportation may—
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1 (1) prescribe terms for a project under sections 5307 and 5309–

2 5311 of this title (except terms the Secretary of Labor prescribes under

3 section 5333(b) of this title);

4 (2) sue and be sued;

5 (3) foreclose on property or bring a civil action to protect or enforce

6 a right conferred on the Secretary of Transportation by law or agree7 ment;

8 (4) buy property related to a loan under this chapter;

9 (5) agree to pay an annual amount in place of a State or local tax

10 on real property acquired or owned under this chapter;

11 (6) sell, exchange, or lease property, a security, or an obligation;

12 (7) obtain loss insurance for property and assets the Secretary of

13 Transportation holds;

14 (8) consent to a modification in an agreement under this chapter;

15 and

16 (9) include in an agreement or instrument under this chapter a cov17 enant or term the Secretary of Transportation considers necessary to

18 carry out this chapter.

19 (b) PROCEDURES FOR PRESCRIBING REGULATIONS.—(1) The Secretary

20 of Transportation shall prepare an agenda listing all areas in which the Sec21 retary intends to propose regulations governing activities under this chapter

22 within the following 12 months. The Secretary shall publish the proposed

23 agenda in the Federal Register as part of the Secretary’s semiannual regu24 latory agenda that lists regulatory activities of the Federal Transit Adminis25 tration. The Secretary shall submit the agenda to the Committees on Public

26 Works and Transportation and Appropriations of the House of Representa27 tives and the Committees on Banking, Housing, and Urban Affairs and Ap28 propriations of the Senate on the day the agenda is published.

29 (2) Except for emergency regulations, the Secretary of Transportation

30 shall give interested parties at least 60 days to participate in a regulatory

31 proceeding under this chapter by submitting written information, views, or

32 arguments, with or without an oral presentation, except when the Secretary

33 for good cause finds that public notice and comment are unnecessary be34 cause of the routine nature or insignificant impact of the regulation or that

35 an emergency regulation should be issued. The Secretary may extend the

36 60-day period if the Secretary decides the period is insufficient to allow dili37 gent individuals to prepare comments or that other circumstances justify an

38 extension.

39 (3) An emergency regulation ends 120 days after it is issued.

40 (4) The Secretary of Transportation shall comply with this section (except

41 subsections (h) and (i)) and sections 5323(a)(2), (c) and (e), 5324(c), and
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1 5325 of this title when proposing or carrying out a regulation governing an

2 activity under this chapter, except for a routine matter or a matter with

3 no significant impact.

4 (c) BUDGET PROGRAM AND SET OF ACCOUNTS.—The Secretary of

5 Transportation shall—

6 (1) submit each year a budget program as provided in section 9103

7 of title 31; and

8 (2) maintain a set of accounts the Comptroller General shall audit

9 under chapter 35 of title 31.

10 (d) DEPOSITORY AND AVAILABILITY OF AMOUNTS.—The Secretary of

11 Transportation shall deposit amounts made available to the Secretary under

12 this chapter in a checking account in the Treasury. Receipts, assets, and

13 amounts obtained or held by the Secretary to carry out this chapter are

14 available for administrative expenses to carry out this chapter.

15 (e) BINDING EFFECT OF FINANCIAL TRANSACTION.—A financial trans16 action of the Secretary of Transportation under this chapter and a related

17 voucher are binding on all officers and employees of the United States Gov18 ernment.

19 (f) DEALING WITH ACQUIRED PROPERTY.—Notwithstanding another law

20 related to the Government acquiring, using, or disposing of real property,

21 the Secretary of Transportation may deal with property acquired under sub22 section (a)(3) or (4) of this section in any way. However, this subsection

23 does not—

24 (1) deprive a State or political subdivision of a State of jurisdiction

25 of the property; or

26 (2) impair the civil rights, under the laws of a State or political sub27 division of a State, of an inhabitant of the property.

28 (g) TRANSFER OF ASSETS NO LONGER NEEDED.—(1) If a recipient of

29 assistance under this chapter decides an asset acquired under this chapter

30 at least in part with that assistance is no longer needed for the purpose

31 for which it was acquired, the Secretary of Transportation may authorize

32 the recipient to transfer the asset to a local governmental authority to be

33 used for a public purpose with no further obligation to the Government. The

34 Secretary may authorize a transfer for a public purpose other than mass

35 transportation only if the Secretary decides—

36 (A) the asset will remain in public use for at least 5 years after the

37 date the asset is transferred;

38 (B) there is no purpose eligible for assistance under this chapter for

39 which the asset should be used;

40 (C) the overall benefit of allowing the transfer is greater than the

41 interest of the Government in liquidation and return of the financial
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1 interest of the Government in the asset, after considering fair market

2 value and other factors; and

3 (D) through an appropriate screening or survey process, that there

4 is no interest in acquiring the asset for Government use if the asset

5 is a facility or land.

6 (2) A decision under paragraph (1) of this section must be in writing and

7 include the reason for the decision.

8 (3) This subsection is in addition to another law related to using and dis9 posing of a facility or equipment under an assistance agreement.

10 (h) TRANSFER OF AMOUNTS AND NON-GOVERNMENT SHARE.—(1)

11 Amounts made available for a mass transportation project under title 23

12 shall be transferred to and administered by the Secretary of Transportation

13 under this chapter. Amounts made available for a highway project under

14 this chapter shall be transferred to and administered by the Secretary under

15 title 23.

16 (2) The provisions of title 23 related to the non-Government share apply

17 to amounts under title 23 used for mass transportation projects. The provi18 sions of this chapter related to the non-Government share apply to amounts

19 under this chapter used for highway projects.

20 (i) AUTHORITY OF SECRETARY OF HOUSING AND URBAN DEVELOP21 MENT.—The Secretary of Housing and Urban Development shall—

22 (1) carry out section 5312(a) and (b)(1) of this title related to—

23 (A) urban transportation systems and planned development of

24 urban areas; and

25 (B) the role of transportation planning in overall urban plan26 ning; and

27 (2) advise and assist the Secretary of Transportation in making find28 ings under section 5323(a)(1)(A) of this title.

29 (j) RELATIONSHIP TO OTHER LAWS.—(1) Section 9107(a) of title 31 ap30 plies to the Secretary of Transportation under this chapter.

31 (2) Section 3709 of the Revised Statutes (41 U.S.C. 5) applies to a con32 tract for more than $1,000 for services or supplies related to property ac33 quired under this chapter.

34 § 5335. Reports and audits

35 (a) REPORTING SYSTEM AND UNIFORM SYSTEM OF ACCOUNTS AND

36 RECORDS.—(1) To help meet the needs of individual mass transportation

37 systems, the United States Government, State and local governments, and

38 the public for information on which to base mass transportation service

39 planning, the Secretary of Transportation shall maintain a reporting sys40 tem, by uniform categories, to accumulate mass transportation financial and

41 operating information and a uniform system of accounts and records. The
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1 reporting and uniform systems shall contain appropriate information to help

2 any level of government make a public sector investment decision. The Sec3 retary may request and receive appropriate information from any source.

4 (2) The Secretary may make a grant under section 5307 of this title only

5 if the applicant, and any person that will receive benefits directly from the

6 grant, are subject to the reporting and uniform systems.

7 (b) QUARTERLY REPORTS.—Not later than 30 days after the last day of

8 each calendar quarter, the Secretary shall submit to the Committees on

9 Public Works and Transportation and Appropriations of the House of Rep10 resentatives and the Committees on Banking, Housing, and Urban Affairs

11 and Appropriations of the Senate a report on—

12 (1) obligations by State, designated recipient, and applicant made

13 under this chapter during the quarter;

14 (2) the balance of unobligated apportionments under this chapter on

15 the last day of the quarter;

16 (3) the balance of unobligated amounts under this chapter on the

17 last day of the quarter that the Secretary may expend;

18 (4) letters of intent issued during the quarter;

19 (5) letters of intent outstanding on the last day of the quarter; and

20 (6) grant contracts executed and reimbursement authority estab21 lished for amounts obligated for each State, designated recipient, and

22 applicant.

23 (c) BIENNIAL NEEDS REPORT.—In January 1993 and in January of

24 every 2d year after 1993, the Comptroller General shall submit to the Com25 mittee on Public Works and Transportation of the House of Representatives

26 and the Committee on Banking, Housing, and Urban Affairs of the Senate

27 a report containing an evaluation of the extent to which current mass trans28 portation needs are addressed adequately and an estimate of the future

29 mass transportation needs of the United States, including mass transpor30 tation needs in rural areas (particularly access to health care facilities). The

31 report shall include—

32 (1) an assessment of needs related to rail modernization, guideway

33 modernization, replacing, rehabilitating, and buying buses and related

34 equipment, constructing bus related facilities, and constructing new

35 fixed guideway systems and extensions to existing fixed guideway sys36 tems;

37 (2) a 5-year projection of maintenance and modernization needs re38 sulting from aging of existing equipment and facilities, including the

39 need to overhaul or replace existing bus fleets and rolling stock used

40 on fixed guideway systems;
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1 (3) a 5-year projection of the need to invest in the expansion of ex2 isting mass transportation systems to meet changing economic, com3 muter, and residential patterns;

4 (4) an estimate of the level of expenditure needed to satisfy the

5 needs identified in clauses (1)–(3) of this paragraph;

6 (5) an examination of existing Government, State, local, and private

7 resources that are or reasonably can be expected to be made available

8 to support public mass transportation; and

9 (6) the gap between the level of expenditure estimated under clause

10 (4) of this paragraph and the level of resources identified under clause

11 (5) of this paragraph that are available to meet the needs.

12 (d) BIENNIAL TRANSFERABILITY REPORT.—In January 1993 and in

13 January of every 2d year after 1993, the Comptroller General shall submit

14 to the Committee on Public Works and Transportation of the House of Rep15 resentatives and the Committee on Banking, Housing, and Urban Affairs

16 of the Senate a report on carrying out section 5307(b)(5) of this title. The

17 report shall—

18 (1) identify, by State, the amount of mass transportation money

19 transferred for non-mass transportation purposes under section

20 5307(b)(5) of this title during the prior fiscal year;

21 (2) include an assessment of the impact of the transfers on the mass

22 transportation needs of individuals and communities in the State, in23 cluding the impact on—

24 (A) the State’s ability to meet the mass transportation needs of

25 elderly individuals and individuals with disabilities;

26 (B) efforts to meet the objectives of the Clean Air Act (42

27 U.S.C. 7401 et seq.) and the Americans With Disabilities Act of

28 1990 (42 U.S.C. 12101 et seq.); and

29 (C) the State’s efforts to extend public mass transportation

30 services to unserved rural areas; and

31 (3) examine the relative levels of Government mass transportation

32 assistance and services in urban and rural areas in the fiscal year that

33 ended September 30, 1991, and the extent to which the assistance and

34 service has changed in later fiscal years because of mass transportation

35 resources made available under this chapter and the Intermodal Sur36 face Transportation Efficiency Act of 1991 (Public Law 102–240, 105

37 Stat. 1914).

38 § 5336. Apportionment of appropriations for block grants

39 (a) BASED ON URBANIZED AREA POPULATION.—Of the amount made

40 available or appropriated under section 5338(f) of this title—
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1 (1) 9.32 percent shall be apportioned each fiscal year only in urban2 ized areas with a population of less than 200,000 so that each of those

3 areas is entitled to receive an amount equal to—

4 (A) 50 percent of the total amount apportioned multiplied by

5 a ratio equal to the population of the area divided by the total

6 population of all urbanized areas with populations of less than

7 200,000 as shown in the latest United States Government census;

8 and

9 (B) 50 percent of the total amount apportioned multiplied by

10 a ratio for the area based on population weighted by a factor, es11 tablished by the Secretary of Transportation, of the number of in12 habitants in each square mile; and

13 (2) 90.68 percent shall be apportioned each fiscal year only in urban14 ized areas with populations of at least 200,000 as provided in sub15 sections (b) and (c) of this section.

16 (b) BASED ON FIXED GUIDEWAY REVENUE VEHICLE-MILES, ROUTE17 MILES, AND PASSENGER-MILES.—(1) In this subsection, ‘‘fixed guideway

18 revenue vehicle-miles’’ and ‘‘fixed guideway route-miles’’ include ferry boat

19 operations directly or under contract by the designated recipient.

20 (2) Of the amount apportioned under subsection (a)(2) of this section,

21 33.29 percent shall be apportioned as follows:

22 (A) 95.61 percent of the total amount apportioned under this sub23 section shall be apportioned so that each urbanized area with a popu24 lation of at least 200,000 is entitled to receive an amount equal to—

25 (i) 60 percent of the 95.61 percent apportioned under this sub26 paragraph multiplied by a ratio equal to the number of fixed

27 guideway revenue vehicle-miles attributable to the area, as estab28 lished by the Secretary of Transportation, divided by the total

29 number of all fixed guideway revenue vehicle-miles attributable to

30 all areas; and

31 (ii) 40 percent of the 95.61 percent apportioned under this sub32 paragraph multiplied by a ratio equal to the number of fixed

33 guideway route-miles attributable to the area, established by the

34 Secretary, divided by the total number of all fixed guideway route35 miles attributable to all areas.

36 (B) 4.39 percent of the total amount apportioned under this sub37 section shall be apportioned so that each urbanized area with a popu38 lation of at least 200,000 is entitled to receive an amount equal to—

39 (i) the number of fixed guideway vehicle passenger-miles trav40 eled multiplied by the number of fixed guideway vehicle passenger-
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1 miles traveled for each dollar of operating cost in an area; divided

2 by

3 (ii) the total number of fixed guideway vehicle passenger-miles

4 traveled multiplied by the total number of fixed guideway vehicle

5 passenger-miles traveled for each dollar of operating cost in all

6 areas.

7 (C) An urbanized area with a population of at least 750,000 in

8 which commuter rail transportation is provided shall receive at least

9 .75 percent of the total amount apportioned under this subsection.

10 (D) Under subparagraph (A) of this paragraph, fixed guideway reve11 nue vehicle- or route-miles, and passengers served on those miles, in

12 an urbanized area with a population of less than 200,000, where the

13 miles and passengers served otherwise would be attributable to an ur14 banized area with a population of at least 1,000,000 in an adjacent

15 State, are attributable to the governmental authority in the State in

16 which the urbanized area with a population of less than 200,000 is lo17 cated. The authority is deemed an urbanized area with a population of

18 at least 200,000 if the authority makes a contract for the service.

19 (E) A recipient’s apportionment under subparagraph (A)(i) of this

20 paragraph may not be reduced if the recipient, after satisfying the Sec21 retary of Transportation that energy or operating efficiencies would be

22 achieved, reduces revenue vehicle-miles but provides the same frequency

23 of revenue service to the same number of riders.

24 (c) BASED ON BUS REVENUE VEHICLE-MILES AND PASSENGER25 MILES.—Of the amount apportioned under subsection (a)(2) of this section,

26 66.71 percent shall be apportioned as follows:

27 (1) 90.8 percent of the total amount apportioned under this sub28 section shall be apportioned as follows:

29 (A) 73.39 percent of the 90.8 percent apportioned under this

30 paragraph shall be apportioned so that each urbanized area with

31 a population of at least 1,000,000 is entitled to receive an amount

32 equal to—

33 (i) 50 percent of the 73.39 percent apportioned under this

34 subparagraph multiplied by a ratio equal to the total bus rev35 enue vehicle-miles operated in or directly serving the urban36 ized area divided by the total bus revenue vehicle-miles attrib37 utable to all areas;

38 (ii) 25 percent of the 73.39 percent apportioned under this

39 subparagraph multiplied by a ratio equal to the population of

40 the area divided by the total population of all areas, as shown

41 by the latest Government census; and
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1 (iii) 25 percent of the 73.39 percent apportioned under this

2 subparagraph multiplied by a ratio for the area based on pop3 ulation weighted by a factor, established by the Secretary of

4 Transportation, of the number of inhabitants in each square

5 mile.

6 (B) 26.61 percent of the 90.8 percent apportioned under this

7 paragraph shall be apportioned so that each urbanized area with

8 a population of at least 200,000 but not more than 999,999 is en9 titled to receive an amount equal to—

10 (i) 50 percent of the 26.61 percent apportioned under this

11 subparagraph multiplied by a ratio equal to the total bus rev12 enue vehicle-miles operated in or directly serving the urban13 ized area divided by the total bus revenue vehicle-miles attrib14 utable to all areas;

15 (ii) 25 percent of the 26.61 percent apportioned under this

16 subparagraph multiplied by a ratio equal to the population of

17 the area divided by the total population of all areas, as shown

18 by the latest Government census; and

19 (iii) 25 percent of the 26.61 percent apportioned under this

20 subparagraph multiplied by a ratio for the area based on pop21 ulation weighted by a factor, established by the Secretary of

22 Transportation, of the number of inhabitants in each square

23 mile.

24 (2) 9.2 percent of the total amount apportioned under this sub25 section shall be apportioned so that each urbanized area with a popu26 lation of at least 200,000 is entitled to receive an amount equal to—

27 (A) the number of bus passenger-miles traveled multiplied by

28 the number of bus passenger-miles traveled for each dollar of oper29 ating cost in an area; divided by

30 (B) the total number of bus passenger-miles traveled multiplied

31 by the total number of bus passenger-miles traveled for each dollar

32 of operating cost in all areas.

33 (d) OPERATING ASSISTANCE.—(1) The total amount apportioned under

34 this section that may be used for operating assistance may not be more

35 than—

36 (A) 80 percent of the total amount apportioned in the fiscal year

37 ending September 30, 1982, under section 5(a)(1)(A), (2)(A), and

38 (3)(A) of the Urban Mass Transportation Act of 1964 to urbanized

39 areas with populations of at least 1,000,000;
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1 (B) 90 percent of the total amount apportioned in that year under

2 section 5(a)(1)(A), (2)(A), and (3)(A) to urbanized areas with popu3 lations of at least 200,000 but not more than 999,999;

4 (C) 95 percent of the total amount apportioned in that year under

5 section 5(a)(1)(A), (2)(A), and (3)(A) to urbanized areas with popu6 lations of less than 200,000; or

7 (D) two-thirds of the total amount apportioned under this section

8 during the first complete year an urbanized area received amounts

9 under this section if the area first became an urbanized area under the

10 1980 Government census or later.

11 (2) Amounts apportioned under paragraph (1) of this subsection shall be

12 increased on October 1 of each year by an amount equal to the amount ap13 plicable to each urbanized area under paragraph (1) (except increases under

14 this paragraph), multiplied by the percentage increase in the Consumer

15 Price Index for all-urban consumers published by the Secretary of Labor

16 during the most recent calendar year. However, the increase may not be

17 more than the percentage increase of amounts made available under section

18 5338(f) of this title in the current fiscal year and amounts made available

19 under section 5338(f) in the prior fiscal year.

20 (e) DATE OF APPORTIONMENT.—The Secretary of Transportation shall—

21 (1) apportion amounts appropriated under section 5338(f) of this

22 title to carry out section 5307 of this title not later than the 10th day

23 after the date the amounts are appropriated or October 1 of the fiscal

24 year for which the amounts are appropriated, whichever is later; and

25 (2) publish apportionments of the amounts, including amounts at26 tributable to each urbanized area with a population of more than

27 50,000 and amounts attributable to each State of a multistate urban28 ized area, on the apportionment date.

29 (f) AMOUNTS NOT APPORTIONED TO DESIGNATED RECIPIENTS.—The

30 chief executive officer of a State may expend in an urbanized area with a

31 population of less than 200,000 an amount apportioned under this section

32 that is not apportioned to a designated recipient as defined in section

33 5307(a) of this title.

34 (g) TRANSFERS OF APPORTIONMENTS.—(1) The chief executive officer of

35 a State may transfer any part of the State’s apportionment under sub36 section (a)(1) of this section to supplement amounts apportioned to the

37 State under section 5311(c) of this title or amounts apportioned to urban38 ized areas under this subsection. The chief executive officer may make a

39 transfer only after consulting with responsible local officials and publicly

40 owned operators of mass transportation in each area for which the amount

41 originally was apportioned under this section.
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1 (2) The chief executive officer of a State may transfer any part of the

2 State’s apportionment under section 5311(c) of this title to supplement

3 amounts apportioned to the State under subsection (a)(1) of this section.

4 (3) The chief executive officer of a State may use throughout the State

5 amounts of a State’s apportionment remaining available for obligation at

6 the beginning of the 90-day period before the period of the availability of

7 the amounts expires.

8 (4) A designated recipient for an urbanized area with a population of at

9 least 200,000 may transfer a part of its apportionment under this section

10 to the chief executive officer of a State. The chief executive officer shall dis11 tribute the transferred amounts to urbanized areas under this section.

12 (5) Capital and operating assistance limitations applicable to the original

13 apportionment apply to amounts transferred under this subsection.

14 (h) CHANGES OF APPORTIONMENTS.—If sufficient amounts are available,

15 the Secretary of Transportation shall change apportionments under this sec16 tion between the Mass Transit Account of the Highway Trust Fund and

17 the general fund to ensure that each recipient receives from the general

18 fund at least as much operating assistance made available each fiscal year

19 under this section as the recipient is eligible to receive.

20 (i) PERIOD OF AVAILABILITY TO RECIPIENTS.—An amount apportioned

21 under this section may be obligated by the recipient for 3 years after the

22 fiscal year in which the amount is apportioned. Not later than 30 days after

23 the end of the 3-year period, an amount that is not obligated at the end

24 of that period shall be added to the amount that may be apportioned under

25 this section in the next fiscal year.

26 (j) APPLICATION OF OTHER SECTIONS.—Sections 5302, 5318,

27 5323(a)(1), (d), and (f), 5332, and 5333 of this title apply to this section

28 and to a grant made under this section. Except as provided in this section,

29 no other provision of this chapter applies to this section or to a grant made

30 under this section.

31 (k) CERTAIN URBANIZED AREAS GRANDFATHERED.—An area designated

32 an urbanized area under the 1980 census and not designated an urbanized

33 area under the 1990 census for the fiscal year ending September 30, 1993,

34 is eligible to receive—

35 (1) 50 percent of the amount the area would have received if the

36 area had been an urbanized area as defined by section 5302(a)(13) of

37 this title; and

38 (2) an amount equal to 50 percent of the amount that the State in

39 which the area is located would have received if the area had been an

40 area other than an urbanized area.
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1 § 5337. Apportionment of appropriations for fixed guideway

2 modernization

3 (a) PERCENTAGE DISTRIBUTION.—The Secretary of Transportation shall

4 apportion amounts made available for fixed guideway modernization under

5 section 5309 of this title for each of the fiscal years ending September 30,

6 1993–1997, as follows:

7 (1) The first $455,000,000 shall be apportioned in the following ur8 banized areas as follows:

9 (A) Baltimore, 1.84 percent.

10 (B) Boston, 8.56 percent.

11 (C) Chicago/Northwestern Indiana, 17.18 percent.

12 (D) Cleveland, 2.09 percent.

13 (E) New York, 35.57 percent.

14 (F) Northeastern New Jersey, 9.04 percent.

15 (G) Philadelphia/Southern New Jersey, 12.41 percent.

16 (H) San Francisco, 7.21 percent.

17 (I) Southwestern Connecticut, 6.10 percent.

18 (2) The next $42,700,000 shall be apportioned in the following ur19 banized areas as follows:

20 (A) New York, 33.2341 percent.

21 (B) Northeastern New Jersey, 22.1842 percent.

22 (C) Philadelphia/Southern New Jersey, 5.7594 percent.

23 (D) San Francisco, 2.7730 percent.

24 (E) Pittsburgh, 31.9964 percent.

25 (F) New Orleans, 4.0529 percent.

26 (3) The next $70,000,000 shall be apportioned as follows:

27 (A) 50 percent in the urbanized areas listed in paragraphs (1)

28 and (2) as provided in section 5336(b)(2)(A) of this title.

29 (B) 50 percent in other urbanized areas eligible for assistance

30 under section 5336(b)(2)(A) of this title if the areas contain fixed

31 guideway systems placed in revenue service at least 7 years before

32 the fiscal year in which amounts are made available and in any

33 other urbanized area if, before the first day of the fiscal year, the

34 area satisfies the Secretary that the area has modernization needs

35 that cannot be met adequately with amounts received as provided

36 in section 5336(b)(2)(A).

37 (4) Remaining amounts shall be apportioned in each urbanized area

38 eligible for assistance under paragraphs (1)–(3) of this subsection as

39 provided in section 5336(B)(2)(A).

40 (b) TOTAL AMOUNTS NOT AVAILABLE.—In a fiscal year in which the

41 total amounts authorized under subsection (a)(1) and (2) of this section are
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1 not available, the Secretary shall reduce on a proportionate basis the appor2 tionments of all urbanized areas eligible under subsection (a)(1) or (2) to

3 adjust for the amount not available.

4 (c) NEW JERSEY TRANSIT CORPORATION.—Rail modernization amounts

5 allocated to the New Jersey Transit Corporation under this section may be

6 spent in any urbanized area in which the New Jersey Transit Corporation

7 operates rail transportation, regardless of which urbanized area generates

8 the financing.

9 (d) AVAILABILITY OF AMOUNTS.—An amount apportioned under this sec10 tion—

11 (1) remains available for 3 years after the fiscal year in which the

12 amount is apportioned; and

13 (2) that is unobligated at the end of the 3-year period shall be

14 reapportioned for the next fiscal year among urbanized areas eligible

15 under subsection (a)(1)–(3) of this section using the apportionment

16 formula of this section.

17 § 5338. Authorizations

18 (a) FOR SECTIONS 5303–5306, 5308, 5310, 5311, 5313, 5314, 5317,

19 5320, 5327, AND 5334(a) and (c) AND SECTION 103(e)(4) OF TITLE 23.—

20 (1) Not more than the following amounts are available from the Mass Tran21 sit Account of the Highway Trust Fund for the Secretary of Transportation

22 to carry out sections 5303–5306, 5308, 5310, 5311, 5313, 5314, 5317,

23 5320, 5327, and 5334(a) and (c) of this title:

24 (A) $1,150,000,000 for the fiscal year ending September 30, 1993.

25 (B) $1,190,000,000 for the fiscal year ending September 30, 1994.

26 (C) $1,150,000,000 for the fiscal year ending September 30, 1995.

27 (D) $1,110,000,000 for the fiscal year ending September 30, 1996.

28 (E) $1,920,000,000 for the fiscal year ending September 30, 1997.

29 (2) In addition to amounts made available under paragraph (1) of this

30 subsection, not more than the following amounts may be appropriated to the

31 Secretary to carry out sections 5303–5306, 5308, 5310, 5311, 5313, 5314,

32 5317, 5320, 5327, and 5334(a) and (c) of this title and substitute transit

33 projects under section 103(e)(4) of title 23:

34 (A) $2,055,000,000 for the fiscal year ending September 30, 1993.

35 (B) $1,885,000,000 for the fiscal year ending September 30, 1994.

36 (C) $1,925,000,000 for the fiscal year ending September 30, 1995.

37 (D) $1,965,000,000 for the fiscal year ending September 30, 1996.

38 (E) $2,430,000,000 for the fiscal year ending September 30, 1997.

39 (b) SECTION 5309.—(1) Not more than the following amounts are avail40 able from the Account for the Secretary to carry out section 5309 of this

41 title:
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1 (A) $1,725,000,000 for the fiscal year ending September 30, 1993.

2 (B) $1,785,000,000 for the fiscal year ending September 30, 1994.

3 (C) $1,725,000,000 for the fiscal year ending September 30, 1995.

4 (D) $1,665,000,000 for the fiscal year ending September 30, 1996.

5 (E) $2,880,000,000 for the fiscal year ending September 30, 1997.

6 (2) In addition to amounts made available under paragraph (1) of this

7 subsection, not more than the following amounts may be appropriated to the

8 Secretary to carry out section 5309 of this title:

9 (A) $305,000,000 for the fiscal year ending September 30, 1993.

10 (B) $265,000,000 for the fiscal year ending September 30, 1994.

11 (C) $325,000,000 for the fiscal year ending September 30, 1995.

12 (D) $385,000,000 for the fiscal year ending September 30, 1996.

13 (E) $20,000,000 for the fiscal year ending September 30, 1997.

14 (c) SECTION 5315.—The Secretary shall make available in equal amounts

15 from amounts provided under subsections (f) and (g) of this section not

16 more than $3,000,000 for each of the fiscal years ending September 30,

17 1993–1997, to carry out section 5315 of this title.

18 (d) SECTION 5316.—Not more than the following amounts may be appro19 priated to the Secretary from the Fund (except the Account) for each of

20 the fiscal years ending September 30, 1993–1997:

21 (1) $250,000 to carry out section 5316(a) of this title.

22 (2) $3,000,000 to carry out section 5316(b) of this title.

23 (3) $1,000,000 to carry out section 5316(c) of this title.

24 (4) $1,000,000 to carry out section 5316(d) of this title.

25 (5) $1,000,000 to carry out section 5316(e) of this title.

26 (e) SECTION 5317.—(1) Not more than $6,000,000 is available from the

27 Fund (except the Account) for the Secretary for each of the fiscal years

28 ending September 30, 1993–1997, to carry out section 5317 of this title.

29 (2) Not more than the following amounts may be appropriated to the Sec30 retary from the Fund (except the Account) for making grants under section

31 5317(b)(5)(B) of this title:

32 (A) $3,000,000 for the fiscal year ending September 30, 1993.

33 (B) $2,500,000 for the fiscal year ending September 30, 1994.

34 (f) SECTION 5307.—Amounts remaining available each fiscal year under

35 subsection (a)(1) of this section, after allocation under subsections (g)–(i)

36 and (j)(4) of this section, are available under section 5307 of this title.

37 (g) PLANNING, PROGRAMMING, AND RESEARCH.—Before apportioning in

38 each fiscal year amounts made available or appropriated under subsection

39 (a) of this section, an amount equal to 3 percent of amounts made available

40 or appropriated under subsections (a) and (b) of this section is available as

41 follows:
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1 (1) 45 percent for metropolitan planning activities under section

2 5303(g) of this title.

3 (2) 5 percent to carry out section 5308(b)(2) of this title.

4 (3) 20 percent to carry out State programs under section 5313 of

5 this title.

6 (4) 30 percent to carry out the national program under section 5314

7 of this title.

8 (h) OTHER SET-ASIDES.—Before apportioning in each fiscal year

9 amounts made available or appropriated under subsection (a) of this section,

10 of amounts made available or appropriated under subsections (a) and (b)

11 of this section—

12 (1) not more than .96 percent is available for administrative ex13 penses to carry out section 5334(a) and (c)–(f) of this title;

14 (2) not more than 1.34 percent is available for transportation serv15 ices to elderly individuals and individuals with disabilities under the

16 formula under section 5310(a) of this title; and

17 (3) $7,000,000 is available for section 5317 for each of the fiscal

18 years ending September 30, 1993–1997.

19 (i) COMPLETING INTERSTATE TRANSFER TRANSIT PROJECTS.—Of the

20 amounts remaining available each year under subsections (a) and (b) of this

21 section, after allocation under subsections (g) and (h) of this section, not

22 more than $164,843,000 for the fiscal year ending September 30, 1993, is

23 available for substitute transit projects under section 103(e)(4) of title 23.

24 (j) LIMITATIONS.—Of the amounts available—

25 (1) under subsection (a)(2) of this section, 3.5 percent is available

26 to finance programs and activities, including administrative costs,

27 under section 5310 of this title;

28 (2) 1.5 percent of the amounts available to finance research, develop29 ment, and demonstration projects under section 5312(a) of this title is

30 available to increase the information and technology available to pro31 vide improved mass transportation service and facilities planned and

32 designed to meet the special needs of elderly individuals and individuals

33 with disabilities;

34 (3) not more than 12.5 percent is available for grants to any one

35 State under section 5312(c)(2) of this title;

36 (4) 5.5 percent of the amount remaining available each year under

37 subsection (a)(1) of this section, after allocation under subsections (g)–

38 (i) of this section, is available under the formula under section 5311

39 of this title; and

40 (5) under section 5309(m)(1)(C) of this title—
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1 (A) $2,000,000 is available for the fiscal year ending September

2 30, 1993;

3 (B) the lesser of $2,000,000 or an amount the Secretary deter4 mines is necessary for each fiscal year is available for each of the

5 fiscal years ending September 30, 1994–1996; and

6 (C) the lesser of $3,000,000 or an amount the Secretary deter7 mines is necessary is available for the fiscal year ending Septem8 ber 30, 1997.

9 (k) GRANTS AS CONTRACTUAL OBLIGATIONS.—(1) A grant or contract

10 approved by the Secretary, that is financed with amounts made available

11 under subsection (a)(1), (b)(1), (c), or (e) of this section, is a contractual

12 obligation of the United States Government to pay the Government’s share

13 of the cost of the project.

14 (2) A grant or contract, approved by the Secretary, that is financed with

15 amounts made available under subsection (a)(2) or (b)(2) of this section,

16 is a contractual obligation of the Government to pay the Government’s

17 share of the cost of the project only to the extent amounts are provided in

18 advance in an appropriations law.

19 (l) EARLY APPROPRIATIONS AND AVAILABILITY OF AMOUNTS.—(1)

20 Amounts appropriated under subsection (a)(2) of this section to carry out

21 section 5311 of this title may be appropriated in the fiscal year before the

22 fiscal year in which the appropriation is available for obligation.

23 (2) Amounts made available or appropriated under subsections (a), (b),

24 (g), (h)(1) and (2), and (j)(4) of this section remain available until ex25 pended.

26 (3) An amount apportioned under section 5308 of this title—

27 (A) remains available for 3 years after the fiscal year in which the

28 amount is apportioned; and

29 (B) that is unobligated at the end of the 3-year period shall be added

30 to the amount available for apportionment for the next fiscal year not

31 later than 30 days after the end of the 3-year period.

32 CHAPTER 55—INTERMODAL TRANSPORTATION

SUBCHAPTER I—GENERAL

Sec.

5501. National Intermodal Transportation System policy.

5502. Intermodal Transportation Advisory Board.

5503. Office of Intermodalism.

5504. Model intermodal transportation plans.

SUBCHAPTER II—TERMINALS

5561. Definition.

5562. Assistance projects.

5563. Conversion of certain rail passenger terminals.

5564. Interim preservation of certain rail passenger terminals.

5565. Encouraging the development of plans for converting certain rail passenger terminals.

5566. Records and audits.

5567. Preference for preserving buildings of historic or architectural significance.
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5568. Authorization of appropriations.

1 SUBCHAPTER I—GENERAL

2 § 5501. National Intermodal Transportation System policy

3 (a) GENERAL.—It is the policy of the United States Government to de4 velop a National Intermodal Transportation System that is economically ef5 ficient and environmentally sound, provides the foundation for the United

6 States to compete in the global economy, and will move individuals and

7 property in an energy efficient way.

8 (b) SYSTEM CHARACTERISTICS.—(1) The National Intermodal Transpor9 tation System shall consist of all forms of transportation in a unified, inter10 connected manner, including the transportation systems of the future, to re11 duce energy consumption and air pollution while promoting economic devel12 opment and supporting the United States’ preeminent position in inter13 national commerce.

14 (2) The National Intermodal Transportation System shall include a Na15 tional Highway System consisting of the Dwight D. Eisenhower System of

16 Interstate and Defense Highways and those principal arterial roads that are

17 essential for interstate and regional commerce and travel, national defense,

18 intermodal transfer facilities, and international commerce and border cross19 ings.

20 (3) The National Intermodal Transportation System shall include signifi21 cant improvements in public transportation necessary to achieve national

22 goals for improved air quality, energy conservation, international competi23 tiveness, and mobility for elderly individuals, individuals with disabilities,

24 and economically disadvantaged individuals in urban and rural areas of the

25 United States.

26 (4) The National Intermodal Transportation System shall provide im27 proved access to ports and airports, the Nation’s link to commerce.

28 (5) The National Intermodal Transportation System shall give special

29 emphasis to the contributions of the transportation sectors to increased pro30 ductivity growth. Social benefits must be considered with particular atten31 tion to the external benefits of reduced air pollution, reduced traffic conges32 tion, and other aspects of the quality of life in the United States.

33 (6) The National Intermodal Transportation System must be operated

34 and maintained with insistent attention to the concepts of innovation, com35 petition, energy efficiency, productivity, growth, and accountability. Prac36 tices that resulted in the lengthy and overly costly construction of the

37 Dwight D. Eisenhower System of Interstate and Defense Highways must

38 be confronted and stopped.

39 (7) The National Intermodal Transportation System shall be adapted to

40 ‘‘intelligent vehicles’’, ‘‘magnetic levitation systems’’, and other new tech-
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1 nologies, wherever feasible and economical, with benefit cost estimates given

2 special emphasis on safety considerations and techniques for cost allocation.

3 (8) When appropriate, the National Intermodal Transportation System

4 will be financed, as regards Government apportionments and reimburse5 ments, by the Highway Trust Fund. Financial assistance will be provided

6 to State and local governments and their instrumentalities to help carry out

7 national goals related to mobility for elderly individuals, individuals with dis8 abilities, and economically disadvantaged individuals.

9 (9) The National Intermodal Transportation System must be the center10 piece of a national investment commitment to create the new wealth of the

11 United States for the 21st century.

12 (c) DISTRIBUTION AND POSTING.—The Secretary of Transportation shall

13 distribute copies of the policy in subsections (a) and (b) of this section to

14 each employee of the Department of Transportation and ensure that the

15 policy is posted in all offices of the Department.

16 § 5502. Intermodal Transportation Advisory Board

17 (a) ORGANIZATION.—The Intermodal Transportation Advisory Board is a

18 board in the Office of the Secretary of Transportation.

19 (b) MEMBERSHIP.—The Board consists of the Secretary, who serves as

20 chairman, and the Administrator, or the Administrator’s designee, of—

21 (1) the Federal Highway Administration;

22 (2) the Federal Aviation Administration;

23 (3) the Maritime Administration;

24 (4) the Federal Railroad Administration; and

25 (5) the Federal Transit Administration.

26 (c) DUTIES AND POWERS.—The Board shall provide recommendations for

27 carrying out the duties of the Secretary described in section 301(3) of this

28 title.

29 § 5503. Office of Intermodalism

30 (a) ESTABLISHMENT.—The Secretary of Transportation shall establish in

31 the Office of the Secretary an Office of Intermodalism.

32 (b) DIRECTOR.—The head of the Office is a Director who shall be ap33 pointed by the Secretary.

34 (c) DUTIES AND POWERS.—The Director shall carry out the duties of the

35 Secretary described in section 301(3) of this title.

36 (d) INTERMODAL TRANSPORTATION DATA BASE.—(1) The Director shall

37 develop, maintain, and disseminate intermodal transportation data through

38 the Bureau of Transportation Statistics. The Director shall coordinate the

39 collection of data for the data base with the States and metropolitan plan40 ning organizations. The data base shall include information on—
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1 (A) the volume of property and number of individuals carried in

2 intermodal transportation by relevant classification;

3 (B) patterns of movement of property and individuals in intermodal

4 transportation by relevant classification by origin and destination; and

5 (C) public and private investment in intermodal transportation facili6 ties and services.

7 (2) The Director shall make information from the data base available to

8 the public.

9 (e) RESEARCH.—The Director shall—

10 (1) coordinate United States Government research on intermodal

11 transportation as provided in the plan developed under section 6009(b)

12 of the Intermodal Surface Transportation Efficiency Act of 1991 (Pub13 lic Law 102–240, 105 Stat. 2177); and

14 (2) carry out additional research needs identified by the Director.

15 (f) TECHNICAL ASSISTANCE.—The Director shall provide technical assist16 ance to States and to metropolitan planning organizations for urban areas

17 having a population of at least 1,000,000 in collecting data related to inter18 modal transportation to facilitate the collection of the data by States and

19 metropolitan planning organizations.

20 (g) ADMINISTRATIVE AND CLERICAL SUPPORT.—The Director shall pro21 vide administrative and clerical support to the Intermodal Transportation

22 Advisory Board.

23 § 5504. Model intermodal transportation plans

24 (a) GRANTS.—The Secretary of Transportation shall make grants to

25 States to develop model State intermodal transportation plans that are con26 sistent with the policy set forth in section 302(e) of this title. The model

27 plans shall include systems for collecting data related to intermodal trans28 portation.

29 (b) DISTRIBUTION.—The Secretary shall award grants to States under

30 this section that represent a variety of geographic regions and transpor31 tation needs, patterns, and modes.

32 (c) PLAN SUBMISSION.—As a condition to a State receiving a grant

33 under this section, the Secretary shall require that the State provide assur34 ances that the State will submit to the Secretary a State intermodal trans35 portation plan not later than 18 months after the date of receipt of the

36 grant.

37 (d) GRANT AMOUNTS.—The Secretary shall reserve, from amounts de38 ducted under section 104(a) of title 23, $3,000,000 to make grants under

39 this section. The total amount that a State may receive in grants under this

40 section may not be more than $500,000.
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1 SUBCHAPTER II—TERMINALS

2 § 5561. Definition

3 In this chapter, ‘‘civic and cultural activities’’ includes libraries, musical

4 and dramatic presentations, art exhibits, adult education programs, public

5 meeting places, and other facilities for carrying on an activity any part of

6 which is supported under a law of the United States.

7 § 5562. Assistance projects

8 (a) REQUIREMENTS TO PROVIDE ASSISTANCE.—The Secretary of Trans9 portation shall provide financial, technical, and advisory assistance under

10 this chapter to—

11 (1) promote, on a feasibility demonstration basis, the conversion of

12 at least 3 rail passenger terminals into intermodal transportation ter13 minals;

14 (2) preserve rail passenger terminals that reasonably are likely to be

15 converted or maintained pending preparation of plans for their reuse;

16 (3) acquire and use space in suitable buildings of historic or architec17 tural significance but only if use of the space is feasible and prudent

18 when compared to available alternatives; and

19 (4) encourage State and local governments, local and regional trans20 portation authorities, common carriers, philanthropic organizations,

21 and other responsible persons to develop plans to convert rail passenger

22 terminals into intermodal transportation terminals and civic and cul23 tural activity centers.

24 (b) EFFECT ON ELIGIBILITY.—This chapter does not affect the eligibility

25 of any rail passenger terminal for preservation or reuse assistance under an26 other program or law.

27 (c) ACQUIRING SPACE.—The Secretary may acquire space under sub28 section (a)(3) of this section only after consulting with the Advisory Council

29 on Historic Preservation and the Chairman of the National Endowment for

30 the Arts.

31 § 5563. Conversion of certain rail passenger terminals

32 (a) AUTHORITY TO PROVIDE ASSISTANCE.—The Secretary of Transpor33 tation may provide financial assistance to convert a rail passenger terminal

34 to an intermodal transportation terminal under section 5562(a)(1) of this

35 title only if—

36 (1) the terminal can be converted to accommodate other modes of

37 transportation the Secretary of Transportation decides are appropriate,

38 including—

39 (A) motorbus transportation;

40 (B) mass transit (rail or rubber tire); and
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1 (C) airline ticket offices and passenger terminals providing di2 rect transportation to area airports;

3 (2) the terminal is listed on the National Register of Historic Places

4 maintained by the Secretary of the Interior;

5 (3) the architectural integrity of the terminal will be preserved;

6 (4) to the extent practicable, the use of the terminal facilities for

7 transportation may be combined with use of those facilities for other

8 civic and cultural activities, especially when another activity is rec9 ommended by—

10 (A) the Advisory Council on Historic Preservation;

11 (B) the Chairman of the National Endowment for the Arts; or

12 (C) consultants retained under subsection (b) of this section;

13 and

14 (5) the terminal and the conversion project meet other criteria pre15 scribed by the Secretary of Transportation after consultation with the

16 Council and Chairman.

17 (b) ARCHITECTURAL INTEGRITY.—The Secretary of Transportation must

18 employ consultants on whether the architectural integrity of the rail pas19 senger terminal will be preserved under subsection (a)(3) of this section.

20 The Secretary may decide that the architectural integrity will be preserved

21 only if the consultants concur. The Council and Chairman shall recommend

22 consultants to be employed by the Secretary. The consultants also may

23 make recommendations referred to in subsection (a)(4) of this section.

24 (c) GOVERNMENT’S SHARE OF COSTS.—The Secretary of Transportation

25 may not make a grant under this section for more than 80 percent of the

26 total cost of converting a rail passenger terminal into an intermodal trans27 portation terminal.

28 § 5564. Interim preservation of certain rail passenger termi29 nals

30 (a) GENERAL GRANT AUTHORITY.—Subject to subsection (b) of this sec31 tion, the Secretary of Transportation may make a grant of financial assist32 ance to a responsible person (including a governmental authority) to pre33 serve a rail passenger terminal under section 5562(a)(2) of this title. To

34 receive assistance under this section, the person must be qualified, prepared,

35 committed, and authorized by law to maintain (and prevent the demolition,

36 dismantling, or further deterioration of) the terminal until plans for its

37 reuse are prepared.

38 (b) GRANT REQUIREMENTS.—The Secretary of Transportation may make

39 a grant of financial assistance under this section only if—

40 (1) the Secretary decides the rail passenger terminal has a reason41 able likelihood of being converted to, or conditioned for reuse as, an
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1 intermodal transportation terminal, a civic or cultural activities center,

2 or both; and

3 (2) planning activity directed toward conversion or reuse has begun

4 and is proceeding in a competent way.

5 (c) MAXIMIZING PRESERVATION OF TERMINALS.—(1) Amounts appro6 priated to carry out this section and section 5562(a)(2) of this title shall

7 be expended in the way most likely to maximize the preservation of rail pas8 senger terminals that are—

9 (A) reasonably capable of conversion to intermodal transportation

10 terminals;

11 (B) listed in the National Register of Historic Places maintained by

12 the Secretary of the Interior; or

13 (C) recommended (on the basis of architectural integrity and quality)

14 by the Advisory Council on Historic Preservation or the Chairman of

15 the National Endowment for the Arts.

16 (2) The Secretary of Transportation may not make a grant under this

17 section for more than 80 percent of the total cost of maintaining the termi18 nal for an interim period of not more than 5 years.

19 § 5565. Encouraging the development of plans for convert20 ing rail passenger terminals

21 (a) GENERAL GRANT AUTHORITY.—The Secretary of Transportation may

22 make a grant of financial assistance to a qualified person (including a gov23 ernmental authority) to encourage the development of plans for converting

24 a rail passenger terminal under section 5562(a)(4) of this title. To receive

25 assistance under this section, the person must—

26 (1) be prepared to develop practicable plans that meet zoning, land

27 use, and other requirements of the applicable State and local jurisdic28 tions in which the terminal is located;

29 (2) incorporate into the designs and plans proposed for converting

30 the terminal, features that reasonably appear likely to attract private

31 investors willing to carry out the planned conversion and its subsequent

32 maintenance and operation; and

33 (3) complete the designs and plans for the conversion within the pe34 riod of time prescribed by the Secretary.

35 (b) PREFERENCE.—In making a grant under this section, the Secretary

36 of Transportation shall give preferential consideration to an applicant whose

37 completed designs and plans will be carried out within 3 years after their

38 completion.

39 (c) MAXIMIZING CONVERSION AND CONTINUED PUBLIC USE.—(1)

40 Amounts appropriated to carry out this section and section 5562(a)(4) of
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1 this title shall be expended in the way most likely to maximize the conver2 sion and continued public use of rail passenger terminals that are—

3 (A) listed in the National Register of Historic Places maintained by

4 the Secretary of the Interior; or

5 (B) recommended (on the basis of architectural integrity and qual6 ity) by the Advisory Council on Historic Preservation or the Chairman

7 of the National Endowment for the Arts.

8 (2) The Secretary of Transportation may not make a grant under this

9 section for more than 80 percent of the total cost of the project for which

10 the financial assistance is provided.

11 § 5566. Records and audits

12 (a) RECORD REQUIREMENTS.—Each recipient of financial assistance

13 under this chapter shall keep records required by the Secretary of Transpor14 tation. The records shall disclose—

15 (1) the amount, and disposition by the recipient, of the proceeds of

16 the assistance;

17 (2) the total cost of the project for which the assistance was given

18 or used;

19 (3) the amount of that part of the cost of the project supplied by

20 other sources; and

21 (4) any other records that will make an effective audit easier.

22 (b) AUDITS AND INSPECTIONS.—For 3 years after a project is completed,

23 the Secretary and the Comptroller General may audit and inspect records

24 of a recipient that the Secretary or Comptroller General decides may be re25 lated or pertinent to the financial assistance.

26 § 5567. Preference for preserving buildings of historic or ar27 chitectural significance

28 Amtrak shall give preference to the use of rail passenger terminal facili29 ties that will preserve buildings of historic or architectural significance.

30 § 5568. Authorization of appropriations

31 (a) GENERAL.—The following amounts may be appropriated to the Sec32 retary of Transportation:

33 (1) not more than $15,000,000 to carry out section 5562(a)(1) and

34 (3) of this title.

35 (2) not more than $2,500,000 to carry out section 5562(a)(2) of this

36 title.

37 (3) not more than $2,500,000 to carry out section 5562(a)(4) of this

38 title.

39 (b) AVAILABILITY OF AMOUNTS.—Amounts appropriated to carry out this

40 chapter remain available until expended.
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1 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.

2 § 5701. Findings

3 Congress finds that—

4 (1) the United States public is entitled to receive food and other

5 consumer products that are not made unsafe because of certain trans6 portation practices;

7 (2) the United States public is threatened by the transportation of

8 products potentially harmful to consumers in motor vehicles and rail

9 vehicles that are used to transport food and other consumer products;

10 and

11 (3) the risks to consumers by those transportation practices are un12 necessary and those practices must be ended.

13 § 5702. Definitions

14 In this chapter—

15 (1) ‘‘cosmetic’’, ‘‘device’’, ‘‘drug’’, ‘‘food’’, and ‘‘food additive’’ have

16 the same meanings given those terms in section 201 of the Federal

17 Food, Drug, and Cosmetic Act (21 U.S.C. 321).

18 (2) ‘‘nonfood product’’ means (individually or by class) a material,

19 substance, or product that is not a cosmetic, device, drug, food, or food

20 additive, or is deemed a nonfood product under section 5703(a)(2) of

21 this title, including refuse and solid waste (as defined in section 1004

22 of the Solid Waste Disposal Act (42 U.S.C. 6903)).

23 (3) ‘‘refuse’’ means discarded material that is, or is required by law,

24 to be transported to or disposed of in a landfill or incinerator.

25 (4) ‘‘State’’ means a State of the United States, the District of Co26 lumbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands,

27 American Samoa, Guam, and any other territory or possession of the

28 United States.

29 (5) ‘‘transports’’ and ‘‘transportation’’ mean any movement of prop30 erty in commerce (including intrastate commerce) by motor vehicle or

31 rail vehicle.

32 (6) ‘‘United States’’ means all of the States.
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1 § 5703. General regulation

2 (a) GENERAL REQUIREMENTS.—(1) Not later than July 31, 1991, the

3 Secretary of Transportation, after consultation required by section 5709 of

4 this title, shall prescribe regulations on the transportation of cosmetics, de5 vices, drugs, food, and food additives in motor vehicles and rail vehicles that

6 are used to transport nonfood products that would make the cosmetics, de7 vices, drugs, food, or food additives unsafe to humans or animals.

8 (2) The Secretary shall deem a cosmetic, device, or drug to be a nonfood

9 product if—

10 (A) the cosmetic, device, or drug is transported in a motor vehicle

11 or rail vehicle before, or at the same time as, a food or food additive;

12 and

13 (B) transportation of the cosmetic, device, or drug would make the

14 food or food additive unsafe to humans or animals.

15 (b) SPECIAL REQUIREMENTS.—In prescribing regulations under sub16 section (a)(1) of this section, the Secretary, after consultation required by

17 section 5709 of this title, shall establish requirements for appropriate—

18 (1) recordkeeping, identification, marking, certification, or other

19 means of verification to comply with sections 5704–5706 of this title;

20 (2) decontamination, removal, disposal, and isolation to comply with

21 regulations carrying out sections 5704 and 5705 of this title; and

22 (3) material for the construction of tank trucks, rail tank cars, cargo

23 tanks, and accessory equipment to comply with regulations carrying out

24 section 5704 of this title.

25 (c) CONSIDERATIONS AND ADDITIONAL REQUIREMENTS.—In prescribing

26 regulations under subsection (a)(1) of this section, the Secretary, after con27 sultation required by section 5709 of this title, shall consider, and may es28 tablish requirements related to, each of the following:

29 (1) the extent to which packaging or similar means of protecting and

30 isolating commodities are adequate to eliminate or ameliorate the po31 tential risks of transporting cosmetics, devices, drugs, food, or food ad32 ditives in motor vehicles or rail vehicles used to transport nonfood

33 products.

34 (2) appropriate compliance and enforcement measures to carry out

35 this chapter.

36 (3) appropriate minimum insurance or other liability requirements

37 for a person to whom this chapter applies.

38 (d) PACKAGES MEETING PACKAGING STANDARDS.—If the Secretary finds

39 packaging standards to be adequate, regulations under subsection (a)(1) of

40 this section may not apply to cosmetics, devices, drugs, food, food additives,

41 or nonfood products packaged in packages that meet the standards.
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1 § 5704. Tank trucks, rail tank cars, and cargo tanks

2 (a) PROHIBITIONS.—The regulations prescribed under section 5703(a)(1)

3 of this title shall include provisions prohibiting a person from—

4 (1) using, offering for use, or arranging for the use of a tank truck,

5 rail tank car, or cargo tank used in motor vehicle or rail transportation

6 of cosmetics, devices, drugs, food, or food additives if the tank truck,

7 rail tank car, or cargo tank is used to transport a nonfood product,

8 except a nonfood product included in a list published under subsection

9 (b) of this section;

10 (2) using, offering for use, or arranging for the use of a tank truck

11 or cargo tank to provide motor vehicle transportation of cosmetics, de12 vices, drugs, food, food additives, or nonfood products included in the

13 list published under subsection (b) of this section unless the tank truck

14 or cargo tank is identified, by a permanent marking on the tank truck

15 or cargo tank, as transporting only cosmetics, devices, drugs, food, food

16 additives, or nonfood products included in the list;

17 (3) using, offering for use, or arranging for the use of a tank truck

18 or cargo tank to provide motor vehicle transportation of a nonfood

19 product that is not included in the list published under subsection (b)

20 of this section if the tank truck or cargo tank is identified, as provided

21 in clause (2) of this subsection, as a tank truck or cargo tank trans22 porting only cosmetics, devices, drugs, food, food additives, or nonfood

23 products included in the list; or

24 (4) receiving, except for lawful disposal purposes, any cosmetic, de25 vice, drug, food, food additive, or nonfood product that has been trans26 ported in a tank truck or cargo tank in violation of clause (2) or (3)

27 of this subsection.

28 (b) LIST OF NONFOOD PRODUCTS NOT UNSAFE.—After consultation re29 quired by section 5709 of this title, the Secretary of Transportation shall

30 publish in the Federal Register a list of nonfood products the Secretary de31 cides do not make cosmetics, devices, drugs, food, or food additives unsafe

32 to humans or animals because of transportation of the nonfood products in

33 a tank truck, rail tank car, or cargo tank used to transport cosmetics, de34 vices, drugs, food, or food additives. The Secretary may amend the list peri35 odically by publication in the Federal Register.

36 (c) DISCLOSURE.—A person that arranges for the use of a tank truck or

37 cargo tank used in motor vehicle transportation for the transportation of

38 a cosmetic, device, drug, food, food additive, or nonfood product shall dis39 close to the motor carrier or other appropriate person if the cosmetic, de40 vice, drug, food, food additive, or nonfood product being transported is to

41 be used—
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1 (1) as, or in the preparation of, a food or food additive; or

2 (2) as a nonfood product included in the list published under sub3 section (b) of this section.

4 § 5705. Motor and rail transportation of nonfood products

5 (a) PROHIBITIONS.—The regulations prescribed under section 5703(a)(1)

6 of this title shall include provisions prohibiting a person from using, offering

7 for use, or arranging for the use of a motor vehicle or rail vehicle (except

8 a tank truck, rail tank car, or cargo tank described in section 5704 of this

9 title) to transport cosmetics, devices, drugs, food, or food additives if the

10 vehicle is used to transport nonfood products included in a list published

11 under subsection (b) of this section.

12 (b) LIST OF UNSAFE NONFOOD PRODUCTS.—(1) After consultation re13 quired by section 5709 of this title, the Secretary of Transportation shall

14 publish in the Federal Register a list of nonfood products the Secretary de15 cides would make cosmetics, devices, drugs, food, or food additives unsafe

16 to humans or animals because of transportation of the nonfood products in

17 a motor vehicle or rail vehicle used to transport cosmetics, devices, drugs,

18 food, or food additives. The Secretary may amend the list periodically by

19 publication in the Federal Register.

20 (2) The list published under paragraph (1) of this subsection may not

21 include cardboard, pallets, beverage containers, and other food packaging

22 except to the extent the Secretary decides that the transportation of card23 board, pallets, beverage containers, or other food packaging in a motor vehi24 cle or rail vehicle used to transport cosmetics, devices, drugs, food, or food

25 additives would make the cosmetics, devices, drugs, food, or food additives

26 unsafe to humans or animals.

27 § 5706. Dedicated vehicles

28 (a) PROHIBITIONS.—The regulations prescribed under section 5703(a)(1)

29 of this title shall include provisions prohibiting a person from using, offering

30 for use, or arranging for the use of a motor vehicle or rail vehicle to trans31 port asbestos, in forms or quantities the Secretary of Transportation decides

32 are necessary, or products that present an extreme danger to humans or

33 animals, despite any decontamination, removal, disposal, packaging, or other

34 isolation procedures, unless the motor vehicle or rail vehicle is used only to

35 transport one or more of the following: asbestos, those extremely dangerous

36 products, or refuse.

37 (b) LIST OF APPLICABLE PRODUCTS.—After consultation required by

38 section 5709 of this title, the Secretary shall publish in the Federal Register

39 a list of the products to which this section applies. The Secretary may

40 amend the list periodically by publication in the Federal Register.
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1 § 5707. Waiver authority

2 (a) GENERAL AUTHORITY.—After consultation required by section 5709

3 of this title, the Secretary of Transportation may waive any part of this

4 chapter or regulations prescribed under this chapter for a class of persons,

5 motor vehicles, rail vehicles, cosmetics, devices, drugs, food, food additives,

6 or nonfood products, if the Secretary decides that the waiver—

7 (1) would not result in the transportation of cosmetics, devices,

8 drugs, food, or food additives that would be unsafe to humans or ani9 mals; and

10 (2) would not be contrary to the public interest and this chapter.

11 (b) PUBLICATION OF WAIVERS.—The Secretary shall publish in the Fed12 eral Register any waiver and the reasons for the waiver.

13 § 5708. Food transportation inspections

14 (a) GENERAL AUTHORITY.—For commercial motor vehicles, the Secretary

15 of Transportation may carry out this chapter and assist in carrying out

16 compatible State laws and regulations through means that include inspec17 tions conducted by State employees that are paid for with money authorized

18 under section 31104 of this title, if the recipient State agrees to assist in

19 the enforcement of this chapter or is enforcing compatible State laws and

20 regulations.

21 (b) PROVIDING ASSISTANCE.—On the request of the Secretary of Trans22 portation, the Secretaries of Agriculture and Health and Human Services,

23 the Administrator of the Environmental Protection Agency, and the heads

24 of other appropriate departments, agencies, and instrumentalities of the

25 United States Government shall provide assistance, to the extent available,

26 to the Secretary of Transportation to carry out this chapter, including as27 sistance in the training of personnel under a program established under sub28 section (c) of this section.

29 (c) TRAINING PROGRAM.—After consultation required by section 5709 of

30 this title and consultation with the heads of appropriate State transpor31 tation and food safety authorities, the Secretary of Transportation shall de32 velop and carry out a training program for inspectors to conduct vigorous

33 enforcement of this chapter and regulations prescribed under this chapter

34 or compatible State laws and regulations. As part of the training program,

35 the inspectors, including State inspectors or personnel paid with money au36 thorized under section 31104 of this title, shall be trained in the recognition

37 of adulteration problems associated with the transportation of cosmetics, de38 vices, drugs, food, and food additives and in the procedures for obtaining

39 assistance of the appropriate departments, agencies, and instrumentalities

40 of the Government and State authorities to support the enforcement.
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1 § 5709. Consultation

2 As provided by sections 5703–5708 of this title, the Secretary of Trans3 portation shall consult with the Secretaries of Agriculture and Health and

4 Human Services and the Administrator of the Environmental Protection

5 Agency.

6 § 5710. Administrative

7 The Secretary of Transportation has the same duties and powers in regu8 lating transportation under this chapter as the Secretary has under section

9 5121(a)–(c) (except subsection (c)(1)(A)) of this title in regulating trans10 portation under chapter 51 of this title.

11 § 5711. Enforcement and penalties

12 (a) ACTIONS.—The Secretary of Transportation shall request that a civil

13 action be brought and take action to eliminate or ameliorate an imminent

14 hazard related to a violation of a regulation prescribed or order issued under

15 this chapter in the same way and to the same extent as authorized by sec16 tion 5122 of this title.

17 (b) APPLICABLE PENALTIES AND PROCEDURES.—The penalties and pro18 cedures in sections 5123 and 5124 of this title apply to a violation of a reg19 ulation prescribed or order issued under this chapter.

20 § 5712. Relationship to other laws

21 Section 5125 of this title applies to the relationship between this chapter

22 and a requirement of a State, a political subdivision of a State, or an Indian

23 tribe.

24 § 5713. Application of sections 5711 and 5712

25 Sections 5711 and 5712 of this title apply only to transportation occur26 ring on or after the date that regulations prescribed under section

27 5703(a)(1) of this title are effective.

28 § 5714. Coordination procedures

29 Not later than November 3, 1991, the Secretary of Transportation, after

30 consultation with appropriate State officials, shall establish procedures to

31 promote more effective coordination between the departments, agencies, and

32 instrumentalities of the United States Government and State authorities

33 with regulatory authority over motor carrier safety and railroad safety in

34 carrying out and enforcing this chapter.

35 CHAPTER 59—INTERMODAL SAFE CONTAINER

36 TRANSPORTATION

Sec.

5901. Definitions.

5902. Notifications and certifications.

5903. Prohibitions.

5904. State enforcement.

5905. Liens.

5906. Perishable agricultural commodities.

5907. Regulations and effective date.
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1 § 5901. Definitions

2 In this chapter—

3 (1) the definitions in section 10102 of this title apply.

4 (2) ‘‘beneficial owner’’ means a person not having title to property

5 but having ownership rights in the property, including a trustee of

6 property in transit from an overseas place of origin that is domiciled

7 or doing business in the United States, except that a carrier, agent of

8 a carrier, broker, customs broker, freight forwarder, warehouser, or ter9 minal operator is not a beneficial owner only because of providing or

10 arranging for any part of the intermodal transportation of property.

11 (3) ‘‘carrier’’ means—

12 (A) a motor carrier, water carrier, and rail carrier providing

13 transportation of property in commerce; and

14 (B) an ocean common carrier (as defined in section 3 of the

15 Shipping Act of 1984 (46 App. U.S.C. 1702)) providing transpor16 tation of property in commerce.

17 (4) ‘‘container’’ has the meaning given the term ‘‘freight container’’

18 by the International Standards Organization in Series 1, Freight Con19 tainers, 3d Edition (reference number ISO668–1979(E)), including

20 successive revisions, and similar containers that are used in providing

21 transportation in interstate commerce.

22 (5) ‘‘first carrier’’ means the first carrier transporting a loaded con23 tainer or trailer in intermodal transportation.

24 (6) ‘‘intermodal transportation’’ means the successive transportation

25 of a loaded container or trailer from its place of origin to its place of

26 destination by more than one mode of transportation in interstate or

27 foreign commerce, whether under a single bill of lading or under sepa28 rate bills of lading.

29 (7) ‘‘trailer’’ means a nonpower, property-carrying, trailing unit that

30 is designed for use in combination with a truck tractor.

31 § 5902. Notifications and certifications

32 (a) PRIOR NOTIFICATION.—Before a person tenders to a first carrier for

33 intermodal transportation a loaded container or trailer having a projected

34 gross cargo weight of more than 10,000 pounds (including packing material

35 and pallets), the person shall give the carrier a written notification of the

36 gross cargo weight and a reasonable description of the contents of the con37 tainer or trailer. The notification may be transmitted electronically.

38 (b) CERTIFICATION.—Not later than when a person tenders to a first car39 rier for intermodal transportation a container or trailer to which subsection

40 (a) of this section applies or a loaded container or trailer having an actual

41 gross cargo weight of more than 10,000 pounds (including packing material
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1 and pallets), the person shall certify to the carrier in writing the actual

2 gross cargo weight and a reasonable description of the contents of the con3 tainer or trailer.

4 (c) FORWARDING CERTIFICATIONS TO SUBSEQUENT CARRIERS.—A car5 rier, agent of a carrier, broker, customs broker, freight forwarder,

6 warehouser, or terminal operator shall forward the certification provided

7 under subsection (b) of this section to a subsequent carrier transporting the

8 container or trailer in intermodal transportation. The act of forwarding the

9 certification may not be construed as a verification or affirmation of the ac10 curacy or completeness of the information in the certification.

11 (d) NONAPPLICATION.—(1) Subsections (a) and (b) of this section and

12 section 5903(c) of this title do not apply to a carrier when the carrier is

13 transferring a loaded container or trailer to another carrier during inter14 modal transportation, unless the carrier is also the person tendering the

15 loaded container or trailer to the first carrier.

16 (2) A carrier, agent of a carrier, broker, customs broker, freight for17 warder, warehouser, or terminal operator is deemed not to be a person ten18 dering a loaded container or trailer to a first carrier under this section, un19 less the carrier, agent, broker, customs broker, freight forwarder,

20 warehouser, or terminal operator assumes legal responsibility for loading

21 property into the container or trailer.

22 § 5903. Prohibitions

23 (a) PROVIDING ERRONEOUS INFORMATION.—A person tendering a loaded

24 container or trailer may not provide erroneous information in a certification

25 required by section 5902(b) of this title.

26 (b) TRANSPORTING PRIOR TO RECEIVING CERTIFICATION.—A motor car27 rier may not transport a loaded container or trailer to which section

28 5902(b) of this title applies before receiving the certification required by

29 section 5902(b).

30 (c) UNLAWFUL COERCION.—(1) A person may not coerce or attempt to

31 coerce a person participating in intermodal transportation to transport a

32 loaded container or trailer having an actual gross cargo weight of more than

33 10,000 pounds (including packing materials and pallets) before the certifi34 cation required by section 5902(b) of this title is provided.

35 (2) A person, knowing that the weight of a loaded container or trailer

36 or the weight of a tractor-trailer combination carrying the container or trail37 er is more than the weight allowed by applicable State law, may not coerce

38 or attempt to coerce a carrier to transport the container or trailer or to op39 erate the tractor-trailer combination in violation of that State law.
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1 § 5904. State enforcement

2 (a) GENERAL.—A State may enact a law to permit the State or a politi3 cal subdivision of the State—

4 (1) to impose a fine or penalty, for a violation of a State highway

5 weight law or regulation by a tractor-trailer combination carrying a

6 loaded container or trailer for which a certification is required by sec7 tion 5902(b) of this title, against the person tendering the loaded con8 tainer or trailer to the first carrier if the violation results from the per9 son’s having provided erroneous information in the certification in vio10 lation of section 5903(a) of this title; and

11 (2) to impound the container or trailer until the fine or penalty has

12 been paid by the owner or beneficial owner of the contents of the con13 tainer or trailer or the person tendering the loaded container or trailer

14 to the first carrier.

15 (b) LIMITATION.—This chapter does not require a person tendering a

16 loaded container or trailer to a first carrier to ensure that the first carrier

17 or any other carrier involved in the intermodal transportation will comply

18 with any State highway weight law or regulation, other than as required by

19 this chapter.

20 § 5905. Liens

21 (a) GENERAL.—If a person involved in the intermodal transportation of

22 a loaded container or trailer for which a certification is required by section

23 5902(b) of this title is required under State law to post a bond or pay any

24 fine, penalty, cost, or interest resulting from providing erroneous informa25 tion in the certification to the first carrier in violation of section 5903(a)

26 of this title, the person has a lien against the contents equal to the amount

27 of the bond, fine, penalty, cost, or interest incurred, until the person re28 ceives a payment of that amount from the owner or beneficial owner of the

29 contents or from the person responsible for making the certification.

30 (b) LIMITATIONS.—(1) A lien under this section does not authorize a per31 son to dispose of the contents of a loaded container or trailer until the per32 son who tendered the container or trailer to the first carrier is given a rea33 sonable opportunity to establish responsibility for the bond, fine, penalty,

34 cost, or interest.

35 (2) In this section, an owner or beneficial owner of the contents of a con36 tainer or trailer or a person tendering a container or trailer to the first car37 rier is deemed not to be a person involved in the intermodal transportation

38 of the container or trailer.

39 § 5906. Perishable agricultural commodities

40 Sections 5904(a)(2) and 5905 of this title do not apply to a container

41 or trailer the contents of which are perishable agricultural commodities (as
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1 defined in the Perishable Agricultural Commodities Act, 1930 (7 U.S.C.

2 499a et seq.)).

3 § 5907. Regulations and effective date

4 (a) REGULATIONS.—Not later than July 25, 1993, the Secretary of

5 Transportation shall prescribe final regulations to enforce this chapter. The

6 Secretary may establish by regulation exemptions to the regulations that are

7 in the public interest and consistent with the purposes of this chapter.

8 (b) EFFECTIVE DATE.—This chapter is effective on the date final regula9 tions to enforce this chapter are prescribed.

10 (c) Title 49, United States Code, is amended by adding the following im11 mediately after subtitle IV:

12 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

13 PART A—SAFETY

14 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.
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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.

1 SUBCHAPTER I—GENERAL

2 § 20101. Purpose

3 The purpose of this chapter is to promote safety in every area of railroad

4 operations and reduce railroad-related accidents and incidents.

5 § 20102. Definitions

6 In this part—

7 (1) ‘‘railroad’’—

8 (A) means any form of nonhighway ground transportation that

9 runs on rails or electromagnetic guideways, including—

10 (i) commuter or other short-haul railroad passenger service

11 in a metropolitan or suburban area and commuter railroad

12 service that was operated by the Consolidated Rail Corpora13 tion on January 1, 1979; and

14 (ii) high speed ground transportation systems that connect

15 metropolitan areas, without regard to whether those systems

16 use new technologies not associated with traditional railroads;

17 but

18 (B) does not include rapid transit operations in an urban area

19 that are not connected to the general railroad system of transpor20 tation.

21 (2) ‘‘railroad carrier’’ means a person providing railroad transpor22 tation.

23 § 20103. General authority

24 (a) REGULATIONS AND ORDERS.—The Secretary of Transportation, as

25 necessary, shall prescribe regulations and issue orders for every area of rail26 road safety supplementing laws and regulations in effect on October 16,

27 1970.

28 (b) REGULATIONS OF PRACTICE FOR PROCEEDINGS.—The Secretary

29 shall prescribe regulations of practice applicable to each proceeding under

30 this chapter. The regulations shall reflect the varying nature of the proceed31 ings and include time limits for disposition of the proceedings. The time

32 limit for disposition of a proceeding may not be more than 12 months after

33 the date it begins.
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1 (c) CONSIDERATION OF INFORMATION AND STANDARDS.—In prescribing

2 regulations and issuing orders under this section, the Secretary shall con3 sider existing relevant safety information and standards.

4 (d) WAIVERS.—The Secretary may waive compliance with any part of a

5 regulation prescribed or order issued under this chapter if the waiver is in

6 the public interest and consistent with railroad safety. The Secretary shall

7 make public the reasons for granting the waiver.

8 (e) HEARINGS.—The Secretary shall conduct a hearing as provided by

9 section 553 of title 5 when prescribing a regulation or issuing an order

10 under this chapter, including a regulation or order establishing, amending,

11 or waiving compliance with a railroad safety regulation prescribed or order

12 issued under this chapter. An opportunity for an oral presentation shall be

13 provided.

14 § 20104. Emergency authority

15 (a) ORDERING RESTRICTIONS AND PROHIBITIONS.—(1) If, through test16 ing, inspection, investigation, or research carried out under this chapter, the

17 Secretary of Transportation decides that an unsafe condition or practice, or

18 a combination of unsafe conditions and practices, causes an emergency situ19 ation involving a hazard of death or personal injury, the Secretary imme20 diately may order restrictions and prohibitions, without regard to section

21 20103(e) of this title, that may be necessary to abate the situation.

22 (2) The order shall describe the condition or practice, or a combination

23 of conditions and practices, that causes the emergency situation and pre24 scribe standards and procedures for obtaining relief from the order. This

25 paragraph does not affect the Secretary’s discretion under this section to

26 maintain the order in effect for as long as the emergency situation exists.

27 (b) REVIEW OF ORDERS.—After issuing an order under this section, the

28 Secretary shall provide an opportunity for review of the order under section

29 554 of title 5. If a petition for review is filed and the review is not com30 pleted by the end of the 30-day period beginning on the date the order was

31 issued, the order stops being effective at the end of that period unless the

32 Secretary decides in writing that the emergency situation still exists.

33 (c) CIVIL ACTIONS TO COMPEL ISSUANCE OF ORDERS.—An employee of

34 a railroad carrier engaged in interstate or foreign commerce who may be

35 exposed to imminent physical injury during that employment because of the

36 Secretary’s failure, without any reasonable basis, to issue an order under

37 subsection (a) of this section, or the employee’s authorized representative,

38 may bring a civil action against the Secretary in a district court of the Unit39 ed States to compel the Secretary to issue an order. The action must be

40 brought in the judicial district in which the emergency situation is alleged

41 to exist, in which that employing carrier has its principal executive office,
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1 or for the District of Columbia. The Secretary’s failure to issue an order

2 under subsection (a) of this section may be reviewed only under section 706

3 of title 5.

4 § 20105. State participation

5 (a) INVESTIGATIVE AND SURVEILLANCE ACTIVITIES.—The Secretary of

6 Transportation may prescribe investigative and surveillance activities nec7 essary to enforce the safety regulations prescribed and orders issued by the

8 Secretary that apply to railroad equipment, facilities, rolling stock, and op9 erations in a State. The State may participate in those activities when the

10 safety practices for railroad equipment, facilities, rolling stock, and oper11 ations in the State are regulated by a State authority and the authority sub12 mits to the Secretary an annual certification as provided in subsection (b)

13 of this section.

14 (b) ANNUAL CERTIFICATION.—(1) A State authority’s annual certifi15 cation must include—

16 (A) a certification that the authority—

17 (i) has regulatory jurisdiction over the safety practices for rail18 road equipment, facilities, rolling stock, and operations in the

19 State;

20 (ii) was given a copy of each safety regulation prescribed and

21 order issued by the Secretary, that applies to the equipment, facili22 ties, rolling stock, or operations, as of the date of certification; and

23 (iii) is conducting the investigative and surveillance activities

24 prescribed by the Secretary under subsection (a) of this section;

25 and

26 (B) a report, in the form the Secretary prescribes by regulation, that

27 includes—

28 (i) the name and address of each railroad carrier subject to the

29 safety jurisdiction of the authority;

30 (ii) each accident or incident reported during the prior 12

31 months by a railroad carrier involving a fatality, personal injury

32 requiring hospitalization, or property damage of more than $750

33 (or a higher amount prescribed by the Secretary), and a summary

34 of the authority’s investigation of the cause and circumstances

35 surrounding the accident or incident;

36 (iii) the record maintenance, reporting, and inspection practices

37 conducted by the authority to aid the Secretary in enforcing rail38 road safety regulations prescribed and orders issued by the Sec39 retary, including the number of inspections made of railroad

40 equipment, facilities, rolling stock, and operations by the authority

41 during the prior 12 months; and
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1 (iv) other information the Secretary requires.

2 (2) An annual certification applies to a safety regulation prescribed or

3 order issued after the date of the certification only if the State authority

4 submits an appropriate certification to provide the necessary investigative

5 and surveillance activities.

6 (3) If, after receipt of an annual certification, the Secretary decides the

7 State authority is not complying satisfactorily with the investigative and

8 surveillance activities prescribed under subsection (a) of this section, the

9 Secretary may reject any part of the certification or take other appropriate

10 action to achieve adequate enforcement. The Secretary must give the au11 thority notice and an opportunity for a hearing before taking action under

12 this paragraph. When the Secretary gives notice, the burden of proof is on

13 the authority to show that it is complying satisfactorily with the investiga14 tive and surveillance activities prescribed by the Secretary.

15 (c) AGREEMENT WHEN CERTIFICATION NOT RECEIVED.—(1) If the Sec16 retary does not receive an annual certification under subsection (a) of this

17 section related to any railroad equipment, facility, rolling stock, or oper18 ation, the Secretary may make an agreement with a State authority for the

19 authority to provide any part of the investigative and surveillance activities

20 prescribed by the Secretary as necessary to enforce the safety regulations

21 and orders applicable to the equipment, facility, rolling stock, or operation.

22 (2) The Secretary may terminate any part of an agreement made under

23 this subsection on finding that the authority has not provided every part

24 of the investigative and surveillance activities to which the agreement re25 lates. The Secretary must give the authority notice and an opportunity for

26 a hearing before making such a finding. The finding and termination shall

27 be published in the Federal Register and may not become effective for at

28 least 15 days after the date of publication.

29 (d) AGREEMENT FOR INVESTIGATIVE AND SURVEILLANCE ACTIVITIES.—

30 In addition to providing for State participation under this section, the Sec31 retary may make an agreement with a State to provide investigative and

32 surveillance activities related to the Secretary’s duties under chapters 203–

33 213 of this title.

34 (e) PAYMENT.—On application by a State authority that has submitted

35 a certification under subsections (a) and (b) of this section or made an

36 agreement under subsection (c) or (d) of this section, the Secretary shall

37 pay not more than 50 percent of the cost of the personnel, equipment, and

38 activities of the authority needed, during the next fiscal year, to carry out

39 a safety program under the certification or agreement. However, the Sec40 retary may pay an authority only when the authority assures the Secretary

41 that it will provide the remaining cost of the safety program and that the
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1 total State money expended for the safety program, excluding grants of the

2 United States Government, will be at least as much as the average amount

3 expended for the fiscal years that ended June 30, 1969, and June 30, 1970.

4 (f) MONITORING.—The Secretary may monitor State investigative and

5 surveillance practices and carry out other inspections and investigations nec6 essary to help enforce this chapter.

7 § 20106. National uniformity of regulation

8 Laws, regulations, and orders related to railroad safety shall be nationally

9 uniform to the extent practicable. A State may adopt or continue in force

10 a law, regulation, or order related to railroad safety until the Secretary of

11 Transportation prescribes a regulation or issues an order covering the sub12 ject matter of the State requirement. A State may adopt or continue in

13 force an additional or more stringent law, regulation, or order related to

14 railroad safety when the law, regulation, or order—

15 (1) is necessary to eliminate or reduce an essentially local safety haz16 ard;

17 (2) is not incompatible with a law, regulation, or order of the United

18 States Government; and

19 (3) does not unreasonably burden interstate commerce.

20 § 20107. Inspection and investigation

21 (a) GENERAL.—To carry out this part, the Secretary of Transportation

22 may take actions the Secretary considers necessary, including—

23 (1) conduct investigations, make reports, issue subpenas, require the

24 production of documents, take depositions, and prescribe recordkeeping

25 and reporting requirements; and

26 (2) delegate to a public entity or qualified person the inspection, ex27 amination, and testing of railroad equipment, facilities, rolling stock,

28 operations, and persons.

29 (b) ENTRY AND INSPECTION.—In carrying out this part, an officer, em30 ployee, or agent of the Secretary, at reasonable times and in a reasonable

31 way, may enter and inspect railroad equipment, facilities, rolling stock, op32 erations, and relevant records. When requested, the officer, employee, or

33 agent shall display proper credentials. During an inspection, the officer, em34 ployee, or agent is an employee of the United States Government under

35 chapter 171 of title 28.

36 § 20108. Research, development, testing, and training

37 (a) GENERAL.—The Secretary of Transportation shall carry out, as nec38 essary, research, development, testing, evaluation, and training for every

39 area of railroad safety.

40 (b) CONTRACTS.—To carry out this part, the Secretary may make con41 tracts for, and carry out, research, development, testing, evaluation, and
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1 training (particularly for those areas of railroad safety found to need

2 prompt attention).

3 (c) AMOUNTS FROM NON-GOVERNMENT SOURCES FOR TRAINING SAFE4 TY EMPLOYEES.—The Secretary may request, receive, and expend amounts

5 received from non-United States Government sources for expenses incurred

6 in training safety employees of private industry, State and local authorities,

7 or other public authorities, except State rail safety inspectors participating

8 in training under section 20105 of this title.

9 § 20109. Employee protections

10 (a) FILING COMPLAINTS AND TESTIFYING.—A railroad carrier engaged

11 in interstate or foreign commerce may not discharge or in any way discrimi12 nate against an employee because the employee, whether acting for the em13 ployee or as a representative, has—

14 (1) filed a complaint or brought or caused to be brought a proceed15 ing related to the enforcement of this part or, as applicable to railroad

16 safety, chapter 51 or 57 of this title; or

17 (2) testified or will testify in that proceeding.

18 (b) REFUSING TO WORK BECAUSE OF HAZARDOUS CONDITIONS.—(1) A

19 railroad carrier engaged in interstate or foreign commerce may not dis20 charge or in any way discriminate against an employee for refusing to work

21 when confronted by a hazardous condition related to the performance of the

22 employee’s duties, if—

23 (A) the refusal is made in good faith and no reasonable alternative

24 to the refusal is available to the employee;

25 (B) a reasonable individual in the circumstances then confronting

26 the employee would conclude that—

27 (i) the hazardous condition presents an imminent danger of

28 death or serious injury; and

29 (ii) the urgency of the situation does not allow sufficient time

30 to eliminate the danger through regular statutory means; and

31 (C) the employee, where possible, has notified the carrier of the haz32 ardous condition and the intention not to perform further work unless

33 the condition is corrected immediately.

34 (2) This subsection does not apply to security personnel employed by a

35 carrier to protect individuals and property transported by railroad.

36 (c) DISPUTE RESOLUTION.—A dispute, grievance, or claim arising under

37 this section is subject to resolution under section 3 of the Railway Labor

38 Act (45 U.S.C. 153). In a proceeding by the National Railroad Adjustment

39 Board, a division or delegate of the Board, or another board of adjustment

40 established under section 3 to resolve the dispute, grievance, or claim, the

41 proceeding shall be expedited and the dispute, grievance, or claim shall be
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1 resolved not later than 180 days after it is filed. If the violation is a form

2 of discrimination that does not involve discharge, suspension, or another ac3 tion affecting pay, and no other remedy is available under this subsection,

4 the Board, division, delegate, or other board of adjustment may award the

5 employee reasonable damages, including punitive damages, of not more than

6 $20,000.

7 (d) ELECTION OF REMEDIES.—An employee of a railroad carrier may not

8 seek protection under both this section and another provision of law for the

9 same allegedly unlawful act of the carrier.

10 (e) DISCLOSURE OF IDENTITY.—(1) Except as provided in paragraph (2)

11 of this subsection, or with the written consent of the employee, the Sec12 retary of Transportation may not disclose the name of an employee of a

13 railroad carrier who has provided information about an alleged violation of

14 this part or, as applicable to railroad safety, chapter 51 or 57 of this title

15 or a regulation prescribed or order issued under any of those provisions.

16 (2) The Secretary shall disclose to the Attorney General the name of an

17 employee described in paragraph (1) of this subsection if the matter is re18 ferred to the Attorney General for enforcement.

19 § 20110. Effect on employee qualifications and collective

20 bargaining

21 This chapter does not—

22 (1) authorize the Secretary of Transportation to prescribe regula23 tions and issue orders related to qualifications of employees, except

24 qualifications specifically related to safety; or

25 (2) prohibit the bargaining representatives of railroad carriers and

26 their employees from making collective bargaining agreements under

27 the Railway Labor Act (45 U.S.C. 151 et seq.), including agreements

28 related to qualifications of employees, that are not inconsistent with

29 regulations prescribed and orders issued under this chapter.

30 § 20111. Enforcement by the Secretary of Transportation

31 (a) EXCLUSIVE AUTHORITY.—The Secretary of Transportation has exclu32 sive authority—

33 (1) to impose and compromise a civil penalty for a violation of a rail34 road safety regulation prescribed or order issued by the Secretary;

35 (2) except as provided in section 20113 of this title, to request an

36 injunction for a violation of a railroad safety regulation prescribed or

37 order issued by the Secretary; and

38 (3) to recommend appropriate action be taken under section

39 20112(a) of this title.
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1 (b) COMPLIANCE ORDERS.—The Secretary may issue an order directing

2 compliance with this part or with a railroad safety regulation prescribed or

3 order issued under this part.

4 (c) ORDERS PROHIBITING INDIVIDUALS FROM PERFORMING SAFETY5 SENSITIVE FUNCTIONS.—If an individual’s violation of a regulation pre6 scribed or order issued by the Secretary under this chapter is shown to

7 make that individual unfit for the performance of safety-sensitive functions,

8 the Secretary, after notice and opportunity for a hearing, may issue an

9 order prohibiting the individual from performing safety-sensitive functions

10 in the railroad industry for a specified period of time or until specified con11 ditions are met. This subsection does not affect the Secretary’s authority

12 under section 20104 of this title to act on an emergency basis.

13 (d) REGULATIONS REQUIRING REPORTING OF REMEDIAL ACTIONS.—(1)

14 The Secretary shall prescribe regulations to require that a railroad carrier

15 notified by the Secretary that imposition of a civil penalty will be rec16 ommended for a failure to comply with this part, chapter 51 or 57 of this

17 title, or a regulation prescribed or order issued under any of those provi18 sions, shall report to the Secretary, not later than the 30th day after the

19 end of the month in which the notification is received—

20 (A) actions taken to remedy the failure; or

21 (B) if appropriate remedial actions cannot be taken by that 30th

22 day, an explanation of the reasons for the delay.

23 (2) The Secretary—

24 (A) not later than June 3, 1993, shall issue a notice of a regulatory

25 proceeding for proposed regulations to carry out this subsection; and

26 (B) not later than September 3, 1994, shall prescribe final regula27 tions to carry out this subsection.

28 § 20112. Enforcement by the Attorney General

29 (a) CIVIL ACTIONS.—At the request of the Secretary of Transportation,

30 the Attorney General may bring a civil action in a district court of the Unit31 ed States—

32 (1) to enjoin a violation of, or to enforce, a railroad safety regulation

33 prescribed or order issued by the Secretary;

34 (2) to collect a civil penalty imposed or an amount agreed on in com35 promise under section 21301 of this title; or

36 (3) to enforce a subpena issued by the Secretary under this chapter.

37 (b) VENUE.—(1) Except as provided in paragraph (2) of this subsection,

38 a civil action under this section may be brought in the judicial district in

39 which the violation occurred or the defendant has its principal executive of40 fice. If an action to collect a penalty is against an individual, the action also

41 may be brought in the judicial district in which the individual resides.
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1 (2) A civil action to enforce a subpena issued by the Secretary or a com2 pliance order issued under section 20111(b) of this title may be brought in

3 the judicial district in which the defendant resides, does business, or is

4 found.

5 § 20113. Enforcement by the States

6 (a) INJUNCTIVE RELIEF.—If the Secretary of Transportation does not

7 begin a civil action under section 20112 of this title to enjoin the violation

8 of a railroad safety regulation prescribed or order issued by the Secretary

9 not later than 15 days after the date the Secretary receives notice of the

10 violation and a request from a State authority participating in investigative

11 and surveillance activities under section 20105 of this title that the action

12 be brought, the authority may bring a civil action in a district court of the

13 United States to enjoin the violation. This subsection does not apply if the

14 Secretary makes an affirmative written finding that the violation did not

15 occur or that the action is not necessary because of other enforcement ac16 tion taken by the Secretary related to the violation.

17 (b) IMPOSITION AND COLLECTION OF CIVIL PENALTIES.—If the Sec18 retary does not impose the applicable civil penalty for a violation of a rail19 road safety regulation prescribed or order issued by the Secretary not later

20 than 60 days after the date of receiving notice from a State authority par21 ticipating in investigative and surveillance activities under section 20105 of

22 this title, the authority may bring a civil action in a district court of the

23 United States to impose and collect the penalty. This paragraph does not

24 apply if the Secretary makes an affirmative written finding that the viola25 tion did not occur.

26 (c) VENUE.—A civil action under this section may be brought in the judi27 cial district in which the violation occurred or the defendant has its prin28 cipal executive office. However, a State authority may not bring an action

29 under this section outside the State.

30 § 20114. Judicial procedures

31 (a) CRIMINAL CONTEMPT.—In a trial for criminal contempt for violating

32 an injunction or restraining order issued under this chapter, the violation

33 of which is also a violation of this chapter, the defendant may demand a

34 jury trial. The defendant shall be tried as provided in rule 42(b) of the Fed35 eral Rules of Criminal Procedure (18 App. U.S.C.).

36 (b) SUBPENAS FOR WITNESSES.—A subpena for a witness required to at37 tend a district court of the United States in an action brought under this

38 chapter may be served in any judicial district.

39 (c) REVIEW OF AGENCY ACTION.—Except as provided in section

40 20104(c) of this title, a proceeding to review a final action of the Secretary

41 of Transportation under this part or, as applicable to railroad safety, chap-
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1 ter 51 or 57 of this title shall be brought in the appropriate court of appeals

2 as provided in chapter 158 of title 28.

3 § 20115. User fees

4 (a) SCHEDULE OF FEES.—The Secretary of Transportation shall pre5 scribe by regulation a schedule of fees for railroad carriers subject to this

6 chapter. The fees—

7 (1) shall cover the costs of carrying out this chapter (except section

8 20108(a));

9 (2) shall be imposed fairly on the railroad carriers, in reasonable re10 lationship to an appropriate combination of criteria such as revenue

11 ton-miles, track miles, passenger miles, or other relevant factors; and

12 (3) may not be based on that part of industry revenues attributable

13 to a railroad carrier or class of railroad carriers.

14 (b) COLLECTION PROCEDURES.—The Secretary shall prescribe proce15 dures to collect the fees. The Secretary may use the services of a depart16 ment, agency, or instrumentality of the United States Government or of a

17 State or local authority to collect the fees, and may reimburse the depart18 ment, agency, or instrumentality a reasonable amount for its services.

19 (c) COLLECTION, DEPOSIT, AND USE.—(1) The Secretary shall impose

20 and collect fees under this section for each fiscal year before the end of the

21 fiscal year.

22 (2) Fees collected under this section shall be deposited in the general

23 fund of the Treasury as offsetting receipts. The fees may be used, to the

24 extent provided in advance in an appropriation law, only to carry out this

25 chapter.

26 (3) Fees prescribed under this section shall be imposed in an amount suf27 ficient to pay for the costs of activities under this chapter. However, the

28 total fees received for a fiscal year may not be more than 105 percent of

29 the total amount of the appropriations for the fiscal year for activities to

30 be financed by the fees.

31 (d) ANNUAL REPORT.—(1) Not later than 90 days after the end of each

32 fiscal year in which fees are collected under this section, the Secretary shall

33 report to Congress on—

34 (A) the amount of fees collected during that fiscal year;

35 (B) the impact of the fees on the financial health of the railroad in36 dustry and its competitive position relative to each competing mode of

37 transportation; and

38 (C) the total cost of Government safety activities for each other com39 peting mode of transportation, including any part of that total cost de40 frayed by Government user fees.
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1 (2) Not later than 90 days after submitting a report for a fiscal year,

2 the Secretary shall submit to Congress recommendations for corrective legis3 lation if the report includes a finding that—

4 (A) there has been an impact from the fees on the financial health

5 of the railroad industry or its competitive position relative to each com6 peting mode of transportation; or

7 (B) there is a significant difference in the burden of Government

8 user fees on the railroad industry and other competing modes of trans9 portation.

10 (e) EXPIRATION.—This section expires on September 30, 1995.

11 § 20116. Annual report

12 The Secretary of Transportation shall submit to the President for sub13 mission to Congress not later than July 1 of each year a report on carrying

14 out this chapter for the prior calendar year. The report shall include the

15 following information about the prior year:

16 (1) a thorough statistical compilation of railroad accidents, incidents,

17 and casualties by cause.

18 (2) a list of railroad safety regulations and orders prescribed, issued,

19 or in effect under this chapter.

20 (3) a summary of the reasons for each waiver granted under section

21 20103(d) of this title.

22 (4) an evaluation of the degree of compliance with railroad safety

23 regulations prescribed and orders issued under this chapter.

24 (5) a summary of outstanding problems in carrying out railroad safe25 ty regulations prescribed and orders issued under this chapter, in order

26 of priority.

27 (6) an analysis and evaluation of research and related activities com28 pleted, including their policy implications, and technological progress

29 achieved.

30 (7) a list, with a brief statement of the issues, of completed or pend31 ing civil actions to enforce railroad safety regulations prescribed and

32 orders issued under this chapter.

33 (8) the extent to which technical information was distributed to the

34 scientific community and consumer-oriented information was made

35 available to the public.

36 (9) a compilation of certifications filed under section 20105(a) of

37 this title that were—

38 (A) in effect; or

39 (B) rejected in any part by the Secretary, and a summary of

40 the reasons for each rejection.
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1 (10) a compilation of agreements made under section 20105(c) of

2 this title that were—

3 (A) in effect; or

4 (B) terminated in any part by the Secretary, and a summary

5 of the reasons for each termination.

6 (11) recommendations for legislation the Secretary considers nec7 essary to strengthen the national railroad safety program.

8 § 20117. Authorization of appropriations

9 (a) GENERAL.—(1) Not more than the following amounts may be appro10 priated to the Secretary of Transportation to carry out this chapter:

11 (A) $68,283,000 for the fiscal year ending September 30, 1993.

12 (B) $71,690,000 for the fiscal year ending September 30, 1994.

13 (2) Not more than $5,000,000 may be appropriated to the Secretary for

14 the fiscal year ending September 30, 1993, to carry out section 20105 of

15 this title.

16 (b) GRADE CROSSING SAFETY.—Not more than $1,000,000 may be ap17 propriated to the Secretary for improvements in grade crossing safety, ex18 cept demonstration projects under section 20134(c) of this title. Amounts

19 appropriated under this subsection remain available until expended.

20 (c) RESEARCH AND DEVELOPMENT, AUTOMATED TRACK INSPECTION,

21 AND STATE PARTICIPATION GRANTS.—Amounts appropriated under this

22 section for research and development, automated track inspection, and

23 grants under section 20105(e) of this title remain available until expended.

24 (d) MINIMUM AVAILABLE FOR CERTAIN PURPOSES.—At least 50 percent

25 of the amounts appropriated to the Secretary for a fiscal year to carry out

26 railroad research and development programs under this chapter or another

27 law shall be available for safety research, improved track inspection and in28 formation acquisition technology, improved railroad freight transportation,

29 and improved railroad passenger systems.

30 SUBCHAPTER II—PARTICULAR ASPECTS OF SAFETY

31 § 20131. Restricted access to rolling equipment

32 The Secretary of Transportation shall prescribe regulations and issue or33 ders that may be necessary to require that when railroad carrier employees

34 (except train or yard crews) assigned to inspect, test, repair, or service roll35 ing equipment have to work on, under, or between that equipment, every

36 manually operated switch, including each crossover switch, providing access

37 to the track on which the equipment is located is lined against movement

38 to that track and secured by an effective locking device that can be removed

39 only by the class or craft of employees performing the inspection, testing,

40 repair, or service.
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1 § 20132. Visible markers for rear cars

2 (a) GENERAL.—The Secretary of Transportation shall prescribe regula3 tions and issue orders that may be necessary to require that—

4 (1) the rear car of each passenger and commuter train has at least

5 one highly visible marker that is lighted during darkness and when

6 weather conditions restrict clear visibility; and

7 (2) the rear car of each freight train has highly visible markers dur8 ing darkness and when weather conditions restrict clear visibility.

9 (b) PREEMPTION.—Notwithstanding section 20106 of this title, sub10 section (a) of this section does not prohibit a State from continuing in force

11 a law, regulation, or order in effect on July 8, 1976, related to lighted

12 markers on the rear car of a freight train except to the extent it would

13 cause the car to be in violation of this section.

14 § 20133. Passenger equipment

15 (a) GENERAL.—The Secretary of Transportation shall prescribe regula16 tions and issue orders that may be necessary to ensure that the construc17 tion, maintenance, and operation of railroad equipment used to transport

18 railroad passengers, whether in commuter or intercity service, maximize the

19 safety of those passengers. The Secretary periodically shall review the regu20 lations and orders and make amendments that may be necessary.

21 (b) CONSIDERATIONS AND AREAS OF CONCENTRATION.—In prescribing

22 regulations, issuing orders, and making amendments under this section, the

23 Secretary shall—

24 (1) consider comparable regulations and procedures of the United

25 States Government that apply to other modes of transportation, espe26 cially those regulations and procedures carried out by the Adminis27 trator of the Federal Aviation Administration;

28 (2) consider relevant differences between commuter and intercity

29 passenger service;

30 (3) concentrate on those areas that the Secretary believes present the

31 greatest opportunity for enhancing the safety of the equipment; and

32 (4) give significant weight to the expenditures that would be nec33 essary to retrofit existing equipment and to change specifications for

34 equipment on order.

35 (c) CONSULTATION.—In prescribing regulations, issuing orders, and mak36 ing amendments under this section, the Secretary may consult with Amtrak,

37 public authorities operating railroad passenger service, other railroad car38 riers transporting passengers, organizations of passengers, and organiza39 tions of employees. A consultation is not subject to the Federal Advisory

40 Committee Act (5 App. U.S.C.), but minutes of the consultation shall be

41 placed in the public docket of the regulatory proceeding.
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1 § 20134. Grade crossings and railroad rights of way

2 (a) GENERAL.—To the extent practicable, the Secretary of Transpor3 tation shall maintain a coordinated effort to develop and carry out solutions

4 to the railroad grade crossing problem and measures to protect pedestrians

5 in densely populated areas along railroad rights of way. To carry out this

6 subsection, the Secretary may use the authority of the Secretary under this

7 chapter and over highway, traffic, and motor vehicle safety and over high8 way construction.

9 (b) SIGNAL SYSTEMS AND OTHER DEVICES.—Not later than June 22,

10 1989, the Secretary shall prescribe regulations and issue orders to ensure

11 the safe maintenance, inspection, and testing of signal systems and devices

12 at railroad highway grade crossings.

13 (c) DEMONSTRATION PROJECTS.—(1) The Secretary shall establish dem14 onstration projects to evaluate whether accidents and incidents involving

15 trains would be reduced by—

16 (A) reflective markers installed on the road surface or on a signal

17 post at railroad grade crossings;

18 (B) stop signs or yield signs installed at grade crossings; and

19 (C) speed bumps or rumble strips installed on the road surfaces at

20 the approaches to grade crossings.

21 (2) Not later than June 22, 1990, the Secretary shall submit a report

22 on the results of the demonstration projects to the Committee on Energy

23 and Commerce of the House of Representatives and the Committee on Com24 merce, Science, and Transportation of the Senate.

25 § 20135. Licensing or certification of locomotive operators

26 (a) GENERAL.—The Secretary of Transportation shall prescribe regula27 tions and issue orders to establish a program requiring the licensing or cer28 tification, after one year after the program is established, of any operator

29 of a locomotive.

30 (b) PROGRAM REQUIREMENTS.—The program established under sub31 section (a) of this section—

32 (1) shall be carried out through review and approval of each railroad

33 carrier’s operator qualification standards;

34 (2) shall provide minimum training requirements;

35 (3) shall require comprehensive knowledge of applicable railroad car36 rier operating practices and rules;

37 (4) except as provided in subsection (c)(1) of this section, shall re38 quire consideration, to the extent the information is available, of the

39 motor vehicle driving record of each individual seeking licensing or cer40 tification, including—
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1 (A) any denial, cancellation, revocation, or suspension of a

2 motor vehicle operator’s license by a State for cause within the

3 prior 5 years; and

4 (B) any conviction within the prior 5 years of an offense de5 scribed in section 30304(a)(3) (A) or (B) of this title;

6 (5) may require, based on the individual’s driving record, disquali7 fication or the granting of a license or certification conditioned on re8 quirements the Secretary prescribes; and

9 (6) shall require an individual seeking a license or certification—

10 (A) to request the chief driver licensing official of each State

11 in which the individual has held a motor vehicle operator’s license

12 within the prior 5 years to provide information about the individ13 ual’s driving record to the individual’s employer, prospective em14 ployer, or the Secretary, as the Secretary requires; and

15 (B) to make the request provided for in section 30305(b)(4) of

16 this title for information to be sent to the individual’s employer,

17 prospective employer, or the Secretary, as the Secretary requires.

18 (c) WAIVERS.—(1) The Secretary shall prescribe standards and establish

19 procedures for waiving subsection (b)(4) of this section for an individual or

20 class of individuals who the Secretary decides are not currently unfit to op21 erate a locomotive. However, the Secretary may waive subsection (b)(4) for

22 an individual or class of individuals with a conviction, cancellation, revoca23 tion, or suspension described in paragraph (2) (A) or (B) of this subsection

24 only if the individual or class, after the conviction, cancellation, revocation,

25 or suspension, successfully completes a rehabilitation program established by

26 a railroad carrier or approved by the Secretary.

27 (2) If an individual, after the conviction, cancellation, revocation, or sus28 pension, successfully completes a rehabilitation program established by a

29 railroad carrier or approved by the Secretary, the individual may not be de30 nied a license or certification under subsection (b)(4) of this section because

31 of—

32 (A) a conviction for operating a motor vehicle when under the influ33 ence of, or impaired by, alcohol or a controlled substance; or

34 (B) the cancellation, revocation, or suspension of the individual’s

35 motor vehicle operator’s license for operating a motor vehicle when

36 under the influence of, or impaired by, alcohol or a controlled sub37 stance.

38 (d) OPPORTUNITY FOR HEARING.—An individual denied a license or cer39 tification or whose license or certification is conditioned on requirements

40 prescribed under subsection (b)(4) of this section shall be entitled to a hear-
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1 ing under section 20103(e) of this title to decide whether the license has

2 been properly denied or conditioned.

3 (e) OPPORTUNITY TO EXAMINE AND COMMENT ON INFORMATION.—The

4 Secretary, employer, or prospective employer, as appropriate, shall make in5 formation obtained under subsection (b)(6) of this section available to the

6 individual. The individual shall be given an opportunity to comment in writ7 ing about the information. Any comment shall be included in any record or

8 file maintained by the Secretary, employer, or prospective employer that

9 contains information to which the comment is related.

10 § 20136. Automatic train control and related systems

11 The Secretary of Transportation shall prescribe regulations and issue or12 ders to require that—

13 (1) an individual performing a test of an automatic train stop, train

14 control, or cab signal apparatus required by the Secretary to be per15 formed before entering territory where the apparatus will be used shall

16 certify in writing that the test was performed properly; and

17 (2) the certification required under clause (1) of this subsection shall

18 be maintained in the same way and place as the daily inspection report

19 for the locomotive.

20 § 20137. Event recorders

21 (a) DEFINITION.—In this section, ‘‘event recorder’’ means a device that—

22 (1) records train speed, hot box detection, throttle position, brake

23 application, brake operations, and any other function the Secretary of

24 Transportation considers necessary to record to assist in monitoring

25 the safety of train operation, such as time and signal indication; and

26 (2) is designed to resist tampering.

27 (b) REGULATIONS AND ORDERS.—Not later than December 22, 1989, the

28 Secretary shall prescribe regulations and issue orders that may be necessary

29 to enhance safety by requiring that a train be equipped with an event re30 corder not later than one year after the regulations are prescribed and the

31 orders are issued. However, if the Secretary finds it is impracticable to

32 equip trains within that one-year period, the Secretary may extend the pe33 riod to a date that is not later than 18 months after the regulations are

34 prescribed and the orders are issued.

35 § 20138. Tampering with safety and operational monitoring

36 devices

37 (a) GENERAL.—The Secretary of Transportation shall prescribe regula38 tions and issue orders to prohibit the willful tampering with, or disabling

39 of, any specified railroad safety or operational monitoring device.

40 (b) PENALTIES.—(1) A railroad carrier operating a train on which a safe41 ty or operational monitoring device is tampered with or disabled in violation
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1 of a regulation prescribed or order issued under subsection (a) of this sec2 tion is liable to the United States Government for a civil penalty under sec3 tion 21301 of this title.

4 (2) An individual tampering with or disabling a safety or operational

5 monitoring device in violation of a regulation prescribed or order issued

6 under subsection (a) of this section, or knowingly operating or allowing to

7 be operated a train on which such a device has been tampered with or dis8 abled, is liable for penalties established by the Secretary. The penalties may

9 include—

10 (A) a civil penalty under section 21301 of this title;

11 (B) suspension from work; and

12 (C) suspension or loss of a license or certification issued under sec13 tion 20135 of this title.

14 § 20139. Maintenance-of-way operations on railroad bridges

15 Not later than June 22, 1989, the Secretary of Transportation shall pre16 scribe regulations and issue orders for the safety of maintenance-of-way em17 ployees on railroad bridges. The Secretary at least shall provide in those

18 regulations standards for bridge safety equipment, including nets, walkways,

19 handrails, and safety lines, and requirements for the use of vessels when

20 work is performed on bridges located over bodies of water.

21 § 20140. Alcohol and controlled substances testing

22 (a) DEFINITION.—In this section, ‘‘controlled substance’’ means any sub23 stance under section 102 of the Comprehensive Drug Abuse Prevention and

24 Control Act of 1970 (21 U.S.C. 802) specified by the Secretary of Trans25 portation.

26 (b) GENERAL.—(1) In the interest of safety, the Secretary of Transpor27 tation shall prescribe regulations and issue orders, not later than October

28 28, 1992, related to alcohol and controlled substances use in railroad oper29 ations. The regulations shall establish a program requiring—

30 (A) a railroad carrier to conduct preemployment, reasonable sus31 picion, random, and post-accident testing of all railroad employees re32 sponsible for safety-sensitive functions (as decided by the Secretary) for

33 the use of alcohol or a controlled substance in violation of law or a

34 United States Government regulation; and

35 (B) when the Secretary considers it appropriate, disqualification for

36 an established period of time or dismissal of any employee found—

37 (i) to have used or been impaired by alcohol when on duty; or

38 (ii) to have used a controlled substance, whether or not on duty,

39 except as allowed for medical purposes by law or a regulation or

40 order under this chapter.
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1 (2) When the Secretary of Transportation considers it appropriate in the

2 interest of safety, the Secretary may prescribe regulations and issue orders

3 requiring railroad carriers to conduct periodic recurring testing of railroad

4 employees responsible for safety-sensitive functions (as decided by the Sec5 retary) for the use of alcohol or a controlled substance in violation of law

6 or a Government regulation.

7 (c) TESTING AND LABORATORY REQUIREMENTS.—In carrying out this

8 section, the Secretary of Transportation shall develop requirements that

9 shall—

10 (1) promote, to the maximum extent practicable, individual privacy

11 in the collection of specimens;

12 (2) for laboratories and testing procedures for controlled substances,

13 incorporate the Department of Health and Human Services scientific

14 and technical guidelines dated April 11, 1988, and any amendments to

15 those guidelines, including mandatory guidelines establishing—

16 (A) comprehensive standards for every aspect of laboratory con17 trolled substances testing and laboratory procedures to be applied

18 in carrying out this section, including standards requiring the use

19 of the best available technology to ensure the complete reliability

20 and accuracy of controlled substances tests and strict procedures

21 governing the chain of custody of specimens collected for con22 trolled substances testing;

23 (B) the minimum list of controlled substances for which individ24 uals may be tested; and

25 (C) appropriate standards and procedures for periodic review of

26 laboratories and criteria for certification and revocation of certifi27 cation of laboratories to perform controlled substances testing in

28 carrying out this section;

29 (3) require that a laboratory involved in controlled substances testing

30 under this section have the capability and facility, at the laboratory,

31 of performing screening and confirmation tests;

32 (4) provide that all tests indicating the use of alcohol or a controlled

33 substance in violation of law or a Government regulation be confirmed

34 by a scientifically recognized method of testing capable of providing

35 quantitative information about alcohol or a controlled substance;

36 (5) provide that each specimen be subdivided, secured, and labeled

37 in the presence of the tested individual and that a part of the specimen

38 be retained in a secure manner to prevent the possibility of tampering,

39 so that if the individual’s confirmation test results are positive the indi40 vidual has an opportunity to have the retained part tested by a 2d con41 firmation test done independently at another certified laboratory if the
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1 individual requests the 2d confirmation test not later than 3 days after

2 being advised of the results of the first confirmation test;

3 (6) ensure appropriate safeguards for testing to detect and quantify

4 alcohol in breath and body fluid samples, including urine and blood,

5 through the development of regulations that may be necessary and in

6 consultation with the Secretary of Health and Human Services;

7 (7) provide for the confidentiality of test results and medical infor8 mation (other than information about alcohol or a controlled substance)

9 of employees, except that this clause does not prevent the use of test

10 results for the orderly imposition of appropriate sanctions under this

11 section; and

12 (8) ensure that employees are selected for tests by nondiscriminatory

13 and impartial methods, so that no employee is harassed by being treat14 ed differently from other employees in similar circumstances.

15 (d) REHABILITATION.—The Secretary of Transportation shall prescribe

16 regulations or issue orders establishing requirements for rehabilitation pro17 grams that at least provide for the identification and opportunity for treat18 ment of railroad employees responsible for safety-sensitive functions (as de19 cided by the Secretary) in need of assistance in resolving problems with the

20 use of alcohol or a controlled substance in violation of law or a Government

21 regulation. The Secretary shall decide on the circumstances under which

22 employees shall be required to participate in a program. Each railroad car23 rier is encouraged to make such a program available to all of its employees

24 in addition to employees responsible for safety-sensitive functions. This sub25 section does not prevent a railroad carrier from establishing a program

26 under this subsection in cooperation with another railroad carrier.

27 (e) INTERNATIONAL OBLIGATIONS AND FOREIGN LAWS AND REGULA28 TIONS.—In carrying out this section, the Secretary of Transportation—

29 (1) shall establish only requirements that are consistent with inter30 national obligations of the United States; and

31 (2) shall consider applicable laws and regulations of foreign coun32 tries.

33 (f) OTHER REGULATIONS ALLOWED.—This section does not prevent the

34 Secretary of Transportation from continuing in effect, amending, or further

35 supplementing a regulation prescribed or order issued before October 28,

36 1991, governing the use of alcohol or a controlled substance in railroad op37 erations.

38 § 20141. Power brake safety

39 (a) REVIEW AND REVISION OF EXISTING REGULATIONS.—The Secretary

40 of Transportation shall review existing regulations on railroad power brakes

41 and, not later than December 31, 1993, revise the regulations based on
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1 safety information presented during the review. Where applicable, the Sec2 retary shall prescribe regulations that establish standards on dynamic brak3 ing equipment.

4 (b) 2-WAY END-OF-TRAIN DEVICES.—(1) The Secretary shall require 2-

5 way end-of-train devices (or devices able to perform the same function) on

6 road trains, except locals, road switchers, or work trains, to enable the initi7 ation of emergency braking from the rear of a train. The Secretary shall

8 prescribe regulations as soon as possible, but not later than December 31,

9 1993, requiring the 2-way end-of-train devices. The regulations at least

10 shall—

11 (A) establish standards for the devices based on performance;

12 (B) prohibit a railroad carrier, on or after the date that is one year

13 after the regulations are prescribed, from acquiring any end-of-train

14 device for use on trains that is not a 2-way device meeting the stand15 ards established under clause (A) of this paragraph;

16 (C) require that the trains be equipped with 2-way end-of-train de17 vices meeting those standards not later than 4 years after the regula18 tions are prescribed; and

19 (D) provide that any 2-way end-of-train device acquired for use on

20 trains before the regulations are prescribed shall be deemed to meet the

21 standards.

22 (2) The Secretary may consider petitions to amend the regulations pre23 scribed under paragraph (1) of this subsection to allow the use of alter24 native technologies that meet the same basic performance requirements es25 tablished by the regulations.

26 (3) In developing the regulations required by paragraph (1) of this sub27 section, the Secretary shall consider information presented under subsection

28 (a) of this section.

29 (c) EXCLUSIONS.—The Secretary may exclude from regulations pre30 scribed under subsections (a) and (b) of this section any category of trains

31 or rail operations if the Secretary decides that the exclusion is in the public

32 interest and is consistent with railroad safety. The Secretary shall make

33 public the reasons for the exclusion. The Secretary at least shall exclude

34 from the regulations prescribed under subsection (b)—

35 (1) trains that have manned cabooses;

36 (2) passenger trains with emergency brakes;

37 (3) trains that operate only on track that is not part of the general

38 railroad system;

39 (4) trains that do not exceed 30 miles an hour and do not operate

40 on heavy grades, except for any categories of trains specifically des41 ignated by the Secretary; and
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1 (5) trains that operate in a push mode.

2 § 20142. Track safety

3 (a) REVIEW OF EXISTING REGULATIONS.—Not later than March 3,

4 1993, the Secretary of Transportation shall begin a review of Department

5 of Transportation regulations related to track safety standards. The review

6 at least shall include an evaluation of—

7 (1) procedures associated with maintaining and installing continuous

8 welded rail and its attendant structure;

9 (2) the need for revisions to regulations on track excepted from track

10 safety standards; and

11 (3) employee safety.

12 (b) REVISION OF REGULATIONS.—Not later than September 3, 1994, the

13 Secretary shall prescribe regulations and issue orders to revise track safety

14 standards, considering safety information presented during the review under

15 subsection (a) of this section and the report of the Comptroller General sub16 mitted under subsection (c) of this section.

17 (c) COMPTROLLER GENERAL’S STUDY AND REPORT.—The Comptroller

18 General shall study the effectiveness of the Secretary’s enforcement of track

19 safety standards, with particular attention to recent relevant railroad acci20 dent experience and information. Not later than September 3, 1993, the

21 Comptroller General shall submit a report to Congress and the Secretary

22 on the results of the study, with recommendations for improving enforce23 ment of those standards.

24 § 20143. Locomotive visibility

25 (a) DEFINITION.—In this section, ‘‘locomotive visibility’’ means the en26 hancement of day and night visibility of the front end unit of a train, con27 sidering in particular the visibility and perspective of a driver of a motor

28 vehicle at a grade crossing.

29 (b) INTERIM REGULATIONS.—Not later than December 31, 1992, the

30 Secretary of Transportation shall prescribe temporary regulations identify31 ing ditch, crossing, strobe, and oscillating lights as temporary locomotive

32 visibility measures and authorizing and encouraging the installation and use

33 of those lights. Subchapter II of chapter 5 of title 5 does not apply to a

34 temporary regulation or to an amendment to a temporary regulation.

35 (c) REVIEW OF REGULATIONS.—The Secretary shall review the Sec36 retary’s regulations on locomotive visibility. Not later than December 31,

37 1993, the Secretary shall complete the current research of the Department

38 of Transportation on locomotive visibility. In conducting the review, the Sec39 retary shall collect relevant information from operational experience by rail

40 carriers using enhanced visibility measures.
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1 (d) REGULATORY PROCEEDING.—Not later than June 30, 1994, the Sec2 retary shall begin a regulatory proceeding to prescribe final regulations re3 quiring substantially enhanced locomotive visibility measures. In the pro4 ceeding, the Secretary shall consider at least—

5 (1) revisions to the existing locomotive headlight standards, including

6 standards for placement and intensity;

7 (2) requiring the use of reflective material to enhance locomotive vis8 ibility;

9 (3) requiring the use of additional alerting lights, including ditch,

10 crossing, strobe, and oscillating lights;

11 (4) requiring the use of auxiliary lights to enhance locomotive visi12 bility when viewed from the side;

13 (5) the effect of an enhanced visibility measure on the vision, health,

14 and safety of train crew members; and

15 (6) separate standards for self-propelled, push-pull, and multi-unit

16 passenger operations without a dedicated head end locomotive.

17 (e) FINAL REGULATIONS.—(1) Not later than June 30, 1995, the Sec18 retary shall prescribe final regulations requiring enhanced locomotive visi19 bility measures. The Secretary shall require that not later than December

20 31, 1997, a locomotive not excluded from the regulations be equipped with

21 temporary visibility measures under subsection (b) of this section or the visi22 bility measures the final regulations require.

23 (2) In prescribing regulations under paragraph (1) of this subsection, the

24 Secretary may exclude a category of trains or rail operations from a specific

25 visibility requirement if the Secretary decides the exclusion is in the public

26 interest and is consistent with rail safety, including grade-crossing safety.

27 (3) A locomotive equipped with temporary visibility measures prescribed

28 under subsection (b) of this section when final regulations are prescribed

29 under paragraph (1) of this subsection is deemed to be complying with the

30 final regulations for 4 years after the final regulations are prescribed.

31 § 20144. Blue signal protection for on-track vehicles

32 The Secretary of Transportation shall prescribe regulations applying blue

33 signal protection to on-track vehicles where rest is provided.

34 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.

35 § 20301. Definition and nonapplication

36 (a) DEFINITION.—In this chapter, ‘‘vehicle’’ means a car, locomotive, ten37 der, or similar vehicle.
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1 (b) NONAPPLICATION.—This chapter does not apply to the following:

2 (1) a train of 4-wheel coal cars.

3 (2) a train of 8-wheel standard logging cars if the height of each car

4 from the top of the rail to the center of the coupling is not more than

5 25 inches.

6 (3) a locomotive used in hauling a train referred to in clause (2) of

7 this subsection when the locomotive and cars of the train are used only

8 to transport logs.

9 § 20302. General requirements

10 (a) GENERAL.—Except as provided in subsection (c) of this section and

11 section 20303 of this title, a railroad carrier may use or allow to be used

12 on any of its railroad lines—

13 (1) a vehicle only if it is equipped with—

14 (A) couplers coupling automatically by impact, and capable of

15 being uncoupled, without the necessity of individuals going be16 tween the ends of the vehicles;

17 (B) secure sill steps and efficient hand brakes; and

18 (C) secure ladders and running boards when required by the

19 Secretary of Transportation, and, if ladders are required, secure

20 handholds or grab irons on its roof at the top of each ladder;

21 (2) except as otherwise ordered by the Secretary, a vehicle only if

22 it is equipped with secure grab irons or handholds on its ends and sides

23 for greater security to individuals in coupling and uncoupling vehicles;

24 (3) a vehicle only if it complies with the standard height of drawbars

25 required by regulations prescribed by the Secretary;

26 (4) a locomotive only if it is equipped with a power-driving wheel

27 brake and appliances for operating the train-brake system; and

28 (5) a train only if—

29 (A) enough of the vehicles in the train are equipped with power

30 or train brakes so that the engineer on the locomotive hauling the

31 train can control the train’s speed without the necessity of brake

32 operators using the common hand brakes for that purpose; and

33 (B) at least 50 percent of the vehicles in the train are equipped

34 with power or train brakes and the engineer is using the power

35 or train brakes on those vehicles and on all other vehicles equipped

36 with them that are associated with those vehicles in the train.

37 (b) REFUSAL TO RECEIVE VEHICLES NOT PROPERLY EQUIPPED.—A

38 railroad carrier complying with subsection (a)(5)(A) of this section may

39 refuse to receive from a railroad line of a connecting railroad carrier or a

40 shipper a vehicle that is not equipped with power or train brakes that will
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1 work and readily interchange with the power or train brakes in use on the

2 vehicles of the complying railroad carrier.

3 (c) COMBINED VEHICLES LOADING AND HAULING LONG COMMOD4 ITIES.—Notwithstanding subsection (a)(1)(B) of this section, when vehicles

5 are combined to load and haul long commodities, only one of the vehicles

6 must have hand brakes during the loading and hauling.

7 (d) AUTHORITY TO CHANGE REQUIREMENTS.—The Secretary may—

8 (1) change the number, dimensions, locations, and manner of appli9 cation prescribed by the Secretary for safety appliances required by

10 subsection (a)(1)(B) and (C) and (2) of this section only for good cause

11 and after providing an opportunity for a full hearing;

12 (2) amend regulations for installing, inspecting, maintaining, and re13 pairing power and train brakes only for the purpose of achieving safety;

14 and

15 (3) increase, after an opportunity for a full hearing, the minimum

16 percentage of vehicles in a train that are required by subsection

17 (a)(5)(B) of this section to be equipped and used with power or train

18 brakes.

19 (e) SERVICES OF ASSOCIATION OF AMERICAN RAILROADS.—In carrying

20 out subsection (d)(2) and (3) of this section, the Secretary may use the

21 services of the Association of American Railroads.

22 § 20303. Moving defective and insecure vehicles needing re23 pairs

24 (a) GENERAL.—A vehicle that is equipped in compliance with this chapter

25 whose equipment becomes defective or insecure nevertheless may be moved

26 when necessary to make repairs, without a penalty being imposed under sec27 tion 21302 of this title, from the place at which the defect or insecurity was

28 first discovered to the nearest available place at which the repairs can be

29 made—

30 (1) on the railroad line on which the defect or insecurity was discov31 ered; or

32 (2) at the option of a connecting railroad carrier, on the railroad line

33 of the connecting carrier, if not farther than the place of repair de34 scribed in clause (1) of this subsection.

35 (b) USE OF CHAINS INSTEAD OF DRAWBARS.—A vehicle in a revenue

36 train or in association with commercially-used vehicles may be moved under

37 this section with chains instead of drawbars only when the vehicle contains

38 livestock or perishable freight.

39 (c) LIABILITY.—The movement of a vehicle under this section is at the

40 risk only of the railroad carrier doing the moving. This section does not re41 lieve a carrier from liability in a proceeding to recover damages for death
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1 or injury of a railroad employee arising from the movement of a vehicle with

2 equipment that is defective, insecure, or not maintained in compliance with

3 this chapter.

4 § 20304. Assumption of risk by employees

5 An employee of a railroad carrier injured by a vehicle or train used in

6 violation of section 20302(a)(1)(A), (2), (4), or (5)(A) of this title does not

7 assume the risk of injury resulting from the violation, even if the employee

8 continues to be employed by the carrier after learning of the violation.

9 § 20305. Inspection of mail cars

10 The Secretary of Transportation shall inspect the construction, adapt11 ability, design, and condition of mail cars used on railroads in the United

12 States. The Secretary shall make a report on the inspection and submit a

13 copy of the report to the United States Postal Service.

14 § 20306. Exemption for technological improvements

15 (a) GENERAL.—Subject to subsection (b) of this section, the Secretary of

16 Transportation may exempt from the requirements of this chapter railroad

17 equipment or equipment that will be operated on rails, when those require18 ments preclude the development or implementation of more efficient railroad

19 transportation equipment or other transportation innovations under existing

20 law.

21 (b) CONDITIONS FOR EXEMPTION.—The Secretary may grant an exemp22 tion under subsection (a) of this section only on the basis of—

23 (1) findings based on evidence developed at a hearing; or

24 (2) an agreement between national railroad labor representatives and

25 the developer of the new equipment or technology.

26 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.

27 § 20501. Definition

28 In this chapter, ‘‘signal system’’ means a block signal system, an inter29 locking, automatic train stop, train control, or cab-signal device, or a similar

30 appliance, method, device, or system intended to promote safety in railroad

31 operations.

32 § 20502. Requirements for installation and use

33 (a) INSTALLATION.—(1) When the Secretary of Transportation decides

34 after an investigation that it is necessary in the public interest, the Sec35 retary may order a railroad carrier to install, on any part of its railroad

36 line, a signal system that complies with requirements of the Secretary. The

37 order must allow the carrier a reasonable time to complete the installation.
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1 A carrier may discontinue or materially alter a signal system required under

2 this paragraph only with the approval of the Secretary.

3 (2) A railroad carrier ordered under paragraph (1) of this subsection to

4 install a signal system on one part of its railroad line may not be held neg5 ligent for not installing the system on any part of its line that was not in6 cluded in the order. If an accident or incident occurs on a part of the line

7 on which the signal system was not required to be installed and was not

8 installed, the use of the system on another part of the line may not be con9 sidered in a civil action brought because of the accident or incident.

10 (b) USE.—A railroad carrier may allow a signal system to be used on its

11 railroad line only when the system, including its controlling and operating

12 appurtenances—

13 (1) may be operated safely without unnecessary risk of personal in14 jury; and

15 (2) has been inspected and can meet any test prescribed under this

16 chapter.

17 § 20503. Amending regulations and changing requirements

18 The Secretary of Transportation may amend a regulation or change a re19 quirement applicable to a railroad carrier for installing, maintaining, in20 specting, or repairing a signal system under this chapter—

21 (1) when the carrier files with the Secretary a request for the

22 amendment or change and the Secretary approves the request; or

23 (2) on the Secretary’s own initiative for good cause shown.

24 § 20504. Inspection, testing, and investigation

25 (a) SYSTEMS IN USE.—(1) The Secretary of Transportation may—

26 (A) inspect and test a signal system used by a railroad carrier; and

27 (B) decide whether the system is in safe operating condition.

28 (2) In carrying out this subsection, the Secretary may employ only an in29 dividual who—

30 (A) has no interest in a patented article required to be used on or

31 with a signal system; and

32 (B) has no financial interest in a railroad carrier or in a concern

33 dealing in railroad supplies.

34 (b) SYSTEMS SUBMITTED FOR INVESTIGATION AND TESTING.—The Sec35 retary may investigate, test, and report on the use of and need for a signal

36 system, without cost to the United States Government, when the system is

37 submitted in completed shape for investigation and testing.

38 § 20505. Reports of malfunctions and accidents

39 In the way and to the extent required by the Secretary of Transportation,

40 a railroad carrier shall report to the Secretary a failure of a signal system

41 to function as intended. If the failure results in an accident or incident
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1 causing injury to an individual or property that is required to be reported

2 under regulations prescribed by the Secretary, the carrier owning or main3 taining the signal system shall report to the Secretary immediately in writ4 ing the fact of the accident or incident.

5 CHAPTER 207—LOCOMOTIVES

Sec.

20701. Requirements for use.

20702. Inspections, repairs, and inspection and repair reports.

20703. Accident reports and investigations.

6 § 20701. Requirements for use

7 A railroad carrier may use or allow to be used a locomotive or tender on

8 its railroad line only when the locomotive or tender and its parts and appur9 tenances—

10 (1) are in proper condition and safe to operate without unnecessary

11 danger of personal injury;

12 (2) have been inspected as required under this chapter and regula13 tions prescribed by the Secretary of Transportation under this chapter;

14 and

15 (3) can withstand every test prescribed by the Secretary under this

16 chapter.

17 § 20702. Inspections, repairs, and inspection and repair re18 ports

19 (a) GENERAL.—The Secretary of Transportation shall—

20 (1) become familiar, so far as practicable, with the condition of every

21 locomotive and tender and its parts and appurtenances;

22 (2) inspect every locomotive and tender and its parts and appur23 tenances as necessary to carry out this chapter, but not necessarily at

24 stated times or at regular intervals; and

25 (3) ensure that every railroad carrier makes inspections of loco26 motives and tenders and their parts and appurtenances as required by

27 regulations prescribed by the Secretary and repairs every defect that

28 is disclosed by an inspection before a defective locomotive, tender, part,

29 or appurtenance is used again.

30 (b) NONCOMPLYING LOCOMOTIVES, TENDERS, AND PARTS.—(1) When

31 the Secretary finds that a locomotive, tender, or locomotive or tender part

32 or appurtenance owned or operated by a railroad carrier does not comply

33 with this chapter or a regulation prescribed under this chapter, the Sec34 retary shall give the carrier written notice describing any defect resulting

35 in noncompliance. Not later than 5 days after receiving the notice of non36 compliance, the carrier may submit a written request for a reinspection. On

37 receiving the request, the Secretary shall provide for the reinspection by an

38 officer or employee of the Department of Transportation who did not make
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1 the original inspection. The reinspection shall be made not later than 15

2 days after the date the Secretary gives the notice of noncompliance.

3 (2) Immediately after the reinspection is completed, the Secretary shall

4 give written notice to the railroad carrier stating whether the locomotive,

5 tender, part, or appurtenance is in compliance. If the original finding of

6 noncompliance is sustained, the carrier has 30 days after receipt of the no7 tice to file an appeal with the Secretary. If the carrier files an appeal, the

8 Secretary, after providing an opportunity for a proceeding, may revise or

9 set aside the finding of noncompliance.

10 (3) A locomotive, tender, part, or appurtenance found not in compliance

11 under this subsection may be used only after it is—

12 (A) repaired to comply with this chapter and regulations prescribed

13 under this chapter; or

14 (B) found on reinspection or appeal to be in compliance.

15 (c) REPORTS.—A railroad carrier shall make and keep, in the way the

16 Secretary prescribes by regulation, a report of every—

17 (1) inspection made under regulations prescribed by the Secretary;

18 and

19 (2) repair made of a defect disclosed by such an inspection.

20 (d) CHANGES IN INSPECTION PROCEDURES.—A railroad carrier may

21 change a rule or instruction of the carrier governing the inspection by the

22 carrier of the locomotives and tenders and locomotive and tender parts and

23 appurtenances of the carrier when the Secretary approves a request filed by

24 the carrier to make the change.

25 § 20703. Accident reports and investigations

26 (a) ACCIDENT REPORTS AND SCENE PRESERVATION.—When the failure

27 of a locomotive, tender, or locomotive or tender part or appurtenance results

28 in an accident or incident causing serious personal injury or death, the rail29 road carrier owning or operating the locomotive or tender—

30 (1) immediately shall file with the Secretary of Transportation a

31 written statement of the fact of the accident or incident; and

32 (2) when the locomotive is disabled to the extent it cannot be oper33 ated under its own power, shall preserve intact all parts affected by the

34 accident or incident, if possible without interfering with traffic, until

35 an investigation of the accident or incident is completed.

36 (b) INVESTIGATIONS.—The Secretary shall—

37 (1) investigate each accident and incident reported under subsection

38 (a) of this section;

39 (2) inspect each part affected by the accident or incident; and

40 (3) make a complete and detailed report on the cause of the accident

41 or incident.
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1 (c) PUBLICATION AND USE OF INVESTIGATION REPORTS.—When the

2 Secretary considers publication to be in the public interest, the Secretary

3 may publish a report of an investigation made under this section, stating

4 the cause of the accident or incident and making appropriate recommenda5 tions. No part of a report may be admitted into evidence or used in a civil

6 action for damages resulting from a matter mentioned in the report.

7 CHAPTER 209—ACCIDENTS AND INCIDENTS

Sec.

20901. Reports.

20902. Investigations.

20903. Reports not evidence in civil actions for damages.

8 § 20901. Reports

9 (a) GENERAL REQUIREMENTS.—Not later than 30 days after the end of

10 each month, a railroad carrier shall file a report with the Secretary of

11 Transportation on all accidents and incidents resulting in injury or death

12 to an individual or damage to equipment or a roadbed arising from the car13 rier’s operations during the month. The report shall be under oath and shall

14 state the nature, cause, and circumstances of each reported accident or inci15 dent. If a railroad carrier assigns human error as a cause, the report shall

16 include, at the option of each employee whose error is alleged, a statement

17 by the employee explaining any factors the employee alleges contributed to

18 the accident or incident.

19 (b) MONETARY THRESHOLD FOR REPORTING.—(1) In establishing or

20 changing a monetary threshold for the reporting of a railroad accident or

21 incident, the Secretary shall base damage cost calculations only on publicly

22 available information obtained from—

23 (A) the Bureau of Labor Statistics; or

24 (B) another department, agency, or instrumentality of the United

25 States Government if the information has been collected through objec26 tive, statistically sound survey methods or has been previously subject

27 to a public notice and comment process in a proceeding of a Govern28 ment department, agency, or instrumentality.

29 (2) If information is not available as provided in paragraph (1)(A) or (B)

30 of this subsection, the Secretary may use any other source to obtain the in31 formation. However, use of the information shall be subject to public notice

32 and an opportunity for written comment.

33 § 20902. Investigations

34 (a) GENERAL AUTHORITY.—The Secretary of Transportation, or an im35 partial investigator authorized by the Secretary, may investigate—

36 (1) an accident or incident resulting in serious injury to an individ37 ual or to railroad property, occurring on the railroad line of a railroad

38 carrier; and
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1 (2) an accident or incident reported under section 20505 of this title.

2 (b) OTHER DUTIES AND POWERS.—In carrying out an investigation, the

3 Secretary or authorized investigator may subpena witnesses, require the pro4 duction of records, exhibits, and other evidence, administer oaths, and take

5 testimony. If the accident or incident is investigated by a commission of the

6 State in which it occurred, the Secretary, if convenient, shall carry out the

7 investigation at the same time as, and in coordination with, the commis8 sion’s investigation. The railroad carrier on whose railroad line the accident

9 or incident occurred shall provide reasonable facilities to the Secretary for

10 the investigation.

11 (c) REPORTS.—When in the public interest, the Secretary shall make a

12 report of the investigation, stating the cause of the accident or incident and

13 making recommendations the Secretary considers appropriate. The Sec14 retary shall publish the report in a way the Secretary considers appropriate.

15 § 20903. Reports not evidence in civil actions for damages

16 No part of an accident or incident report filed by a railroad carrier under

17 section 20901 of this title or made by the Secretary of Transportation

18 under section 20902 of this title may be used in a civil action for damages

19 resulting from a matter mentioned in the report.

20 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.

21 § 21101. Definitions

22 In this chapter—

23 (1) ‘‘designated terminal’’ means the home or away-from-home ter24 minal for the assignment of a particular crew.

25 (2) ‘‘dispatching service employee’’ means an operator, train dis26 patcher, or other train employee who by the use of an electrical or me27 chanical device dispatches, reports, transmits, receives, or delivers or28 ders related to or affecting train movements.

29 (3) ‘‘employee’’ means a dispatching service employee, a signal em30 ployee, or a train employee.

31 (4) ‘‘signal employee’’ means an individual employed by a railroad

32 carrier who is engaged in installing, repairing, or maintaining signal

33 systems.

34 (5) ‘‘train employee’’ means an individual engaged in or connected

35 with the movement of a train, including a hostler.
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1 § 21102. Nonapplication and exemption

2 (a) GENERAL.—This chapter does not apply to a situation involving any

3 of the following:

4 (1) a casualty.

5 (2) an unavoidable accident.

6 (3) an act of God.

7 (4) a delay resulting from a cause unknown and unforeseeable to a

8 railroad carrier or its officer or agent in charge of the employee when

9 the employee left a terminal.

10 (b) EXEMPTION.—The Secretary of Transportation may exempt a rail11 road carrier having not more than 15 employees covered by this chapter

12 from the limitations imposed by this chapter. The Secretary may allow the

13 exemption after a full hearing, for good cause shown, and on deciding that

14 the exemption is in the public interest and will not affect safety adversely.

15 The exemption shall be for a specific period of time and is subject to review

16 at least annually. The exemption may not authorize a carrier to require or

17 allow its employees to be on duty more than a total of 16 hours in a 24-

18 hour period.

19 § 21103. Limitations on duty hours of train employees

20 (a) GENERAL.—Except as provided in subsection (c) of this section, a

21 railroad carrier and its officers and agents may not require or allow a train

22 employee to remain or go on duty—

23 (1) unless that employee has had at least 8 consecutive hours off

24 duty during the prior 24 hours; or

25 (2) after that employee has been on duty for 12 consecutive hours,

26 until that employee has had at least 10 consecutive hours off duty.

27 (b) DETERMINING TIME ON DUTY.—In determining under subsection (a)

28 of this section the time a train employee is on or off duty, the following

29 rules apply:

30 (1) Time on duty begins when the employee reports for duty and

31 ends when the employee is finally released from duty.

32 (2) Time the employee is engaged in or connected with the movement

33 of a train is time on duty.

34 (3) Time spent performing any other service for the railroad carrier

35 during a 24-hour period in which the employee is engaged in or con36 nected with the movement of a train is time on duty.

37 (4) Time spent in deadhead transportation to a duty assignment is

38 time on duty, but time spent in deadhead transportation from a duty

39 assignment to the place of final release is neither time on duty nor time

40 off duty.
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1 (5) An interim period available for rest at a place other than a des2 ignated terminal is time on duty.

3 (6) An interim period available for less than 4 hours rest at a des4 ignated terminal is time on duty.

5 (7) An interim period available for at least 4 hours rest at a place

6 with suitable facilities for food and lodging is not time on duty when

7 the employee is prevented from getting to the employee’s designated

8 terminal by any of the following:

9 (A) a casualty.

10 (B) a track obstruction.

11 (C) an act of God.

12 (D) a derailment or major equipment failure resulting from a

13 cause that was unknown and unforeseeable to the railroad carrier

14 or its officer or agent in charge of that employee when that em15 ployee left the designated terminal.

16 (c) EMERGENCIES.—A train employee on the crew of a wreck or relief

17 train may be allowed to remain or go on duty for not more than 4 addi18 tional hours in any period of 24 consecutive hours when an emergency exists

19 and the work of the crew is related to the emergency. In this subsection,

20 an emergency ends when the track is cleared and the railroad line is open

21 for traffic.

22 § 21104. Limitations on duty hours of signal employees

23 (a) GENERAL.—(1) In paragraph (2)(C) of this subsection, ‘‘24-hour pe24 riod’’ means the period beginning when a signal employee reports for duty

25 immediately after 8 consecutive hours off duty or, when required under

26 paragraph (2)(B) of this subsection, after 10 consecutive hours off duty.

27 (2) Except as provided in subsection (c) of this section, a railroad carrier

28 and its officers and agents may not require or allow a signal employee to

29 remain or go on duty—

30 (A) unless that employee has had at least 8 consecutive hours off

31 duty during the prior 24 hours;

32 (B) after that employee has been on duty for 12 consecutive hours,

33 until that employee has had at least 10 consecutive hours off duty; or

34 (C) after that employee has been on duty a total of 12 hours during

35 a 24-hour period, or after the end of that 24-hour period, whichever

36 occurs first, until that employee has had at least 8 consecutive hours

37 off duty.

38 (b) DETERMINING TIME ON DUTY.—In determining under subsection (a)

39 of this section the time a signal employee is on duty or off duty, the follow40 ing rules apply:
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1 (1) Time on duty begins when the employee reports for duty and

2 ends when the employee is finally released from duty.

3 (2) Time spent performing any other service for the railroad carrier

4 during a 24-hour period in which the employee is engaged in installing,

5 repairing, or maintaining signal systems is time on duty.

6 (3) Time spent returning from a trouble call, whether the employee

7 goes directly to the employee’s residence or by way of the employee’s

8 headquarters, is neither time on duty nor time off duty, except that

9 up to one hour of that time spent returning from the final trouble call

10 of a period of continuous or broken service is time off duty.

11 (4) If, at the end of scheduled duty hours, an employee has not com12 pleted the trip from the final outlying worksite of the duty period to

13 the employee’s headquarters or directly to the employee’s residence, the

14 time after the scheduled duty hours necessarily spent in completing the

15 trip to the residence or headquarters is neither time on duty nor time

16 off duty.

17 (5) If an employee is released from duty at an outlying worksite be18 fore the end of the employee’s scheduled duty hours to comply with this

19 section, the time necessary for the trip from the worksite to the em20 ployee’s headquarters or directly to the employee’s residence is neither

21 time on duty nor time off duty.

22 (6) Time spent in transportation on an ontrack vehicle, including

23 time referred to in paragraphs (3)–(5) of this subsection, is time on

24 duty.

25 (7) A regularly scheduled meal period or another release period of

26 at least 30 minutes but not more than one hour is time off duty and

27 does not break the continuity of service of the employee under this sec28 tion, but a release period of more than one hour is time off duty and

29 does break the continuity of service.

30 (c) EMERGENCIES.—A signal employee may be allowed to remain or go

31 on duty for not more than 4 additional hours in any period of 24 consecu32 tive hours when an emergency exists and the work of that employee is relat33 ed to the emergency. In this subsection, an emergency ends when the signal

34 system is restored to service.

35 § 21105. Limitations on duty hours of dispatching service

36 employees

37 (a) APPLICATION.—This section applies, rather than section 21103 or

38 21104 of this title, to a train employee or signal employee during any period

39 of time the employee is performing duties of a dispatching service employee.
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1 (b) GENERAL.—Except as provided in subsection (d) of this section, a

2 dispatching service employee may not be required or allowed to remain or

3 go on duty for more than—

4 (1) a total of 9 hours during a 24-hour period in a tower, office, sta5 tion, or place at which at least 2 shifts are employed; or

6 (2) a total of 12 hours during a 24-hour period in a tower, office,

7 station, or place at which only one shift is employed.

8 (c) DETERMINING TIME ON DUTY.—Under subsection (b) of this section,

9 time spent performing any other service for the railroad carrier during a

10 24-hour period in which the employee is on duty in a tower, office, station,

11 or other place is time on duty in that tower, office, station, or place.

12 (d) EMERGENCIES.—When an emergency exists, a dispatching service em13 ployee may be allowed to remain or go on duty for not more than 4 addi14 tional hours during a period of 24 consecutive hours for not more than 3

15 days during a period of 7 consecutive days.

16 § 21106. Limitations on employee sleeping quarters

17 A railroad carrier and its officers and agents—

18 (1) may provide sleeping quarters (including crew quarters, camp or

19 bunk cars, and trailers) for employees, and any individuals employed

20 to maintain the right of way of a railroad carrier, only if the sleeping

21 quarters are clean, safe, and sanitary and give those employees and in22 dividuals an opportunity for rest free from the interruptions caused by

23 noise under the control of the carrier; and

24 (2) may not begin, after July 7, 1976, construction or reconstruction

25 of sleeping quarters referred to in clause (1) of this section in an area

26 or in the immediate vicinity of an area, as determined under regula27 tions prescribed by the Secretary of Transportation, in which railroad

28 switching or humping operations are performed.

29 § 21107. Maximum duty hours and subjects of collective bar30 gaining

31 The number of hours established by this chapter that an employee may

32 be required or allowed to be on duty is the maximum number of hours con33 sistent with safety. Shorter hours of service and time on duty of an em34 ployee are proper subjects for collective bargaining between a railroad car35 rier and its employees.

36 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.
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SUBCHAPTER II—CRIMINAL PENALTIES

21311. Records and reports.

1 SUBCHAPTER I—CIVIL PENALTIES

2 § 21301. Chapter 201 general violations

3 (a) PENALTY.—(1) Subject to section 21304 of this title, a person violat4 ing a regulation prescribed or order issued by the Secretary of Transpor5 tation under chapter 201 of this title is liable to the United States Govern6 ment for a civil penalty. The Secretary shall impose the penalty applicable

7 under paragraph (2) of this subsection. A separate violation occurs for each

8 day the violation continues.

9 (2) The Secretary shall include in, or make applicable to, each regulation

10 prescribed and order issued under chapter 201 of this title a civil penalty

11 for a violation. The amount of the penalty shall be at least $500 but not

12 more than $10,000. However, when a grossly negligent violation or a pat13 tern of repeated violations has caused an imminent hazard of death or in14 jury to individuals, or has caused death or injury, the amount may be not

15 more than $20,000.

16 (3) The Secretary may compromise the amount of a civil penalty imposed

17 under this subsection to not less than $500 before referring the matter to

18 the Attorney General for collection. In determining the amount of a com19 promise, the Secretary shall consider—

20 (A) the nature, circumstances, extent, and gravity of the violation;

21 (B) with respect to the violator, the degree of culpability, any history

22 of violations, the ability to pay, and any effect on the ability to con23 tinue to do business; and

24 (C) other matters that justice requires.

25 (b) SETOFF.—The Government may deduct the amount of a civil penalty

26 imposed or compromised under this section from amounts it owes the person

27 liable for the penalty.

28 (c) DEPOSIT IN TREASURY.—A civil penalty collected under this section

29 or section 20113(b) of this title shall be deposited in the Treasury as mis30 cellaneous receipts.

31 § 21302. Chapter 201 accident and incident violations and

32 chapter 203–209 violations

33 (a) PENALTY.—(1) Subject to section 21304 of this title, a person violat34 ing a regulation prescribed or order issued under chapter 201 of this title

35 related to accident and incident reporting or investigation, or violating chap36 ters 203–209 of this title or a regulation or requirement prescribed or order

37 issued under chapters 203–209, is liable to the United States Government

38 for a civil penalty. An act by an individual that causes a railroad carrier

39 to be in violation is a violation. A separate violation occurs for each day

40 the violation continues.
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1 (2) The Secretary of Transportation imposes a civil penalty under this

2 subsection. The amount of the penalty shall be at least $500 but not more

3 than $10,000. However, when a grossly negligent violation or a pattern of

4 repeated violations has caused an imminent hazard of death or injury to in5 dividuals, or has caused death or injury, the amount may be not more than

6 $20,000.

7 (3) The Secretary may compromise the amount of the civil penalty under

8 section 3711 of title 31. In determining the amount of a compromise, the

9 Secretary shall consider—

10 (A) the nature, circumstances, extent, and gravity of the violation;

11 (B) with respect to the violator, the degree of culpability, any history

12 of violations, the ability to pay, and any effect on the ability to con13 tinue to do business; and

14 (C) other matters that justice requires.

15 (4) If the Secretary does not compromise the amount of the civil penalty,

16 the Secretary shall refer the matter to the Attorney General for collection.

17 (b) CIVIL ACTIONS TO COLLECT.—The Attorney General shall bring a

18 civil action in a district court of the United States to collect a civil penalty

19 that is referred to the Attorney General for collection under subsection (a)

20 of this section. The action may be brought in the judicial district in which

21 the violation occurred or the defendant has its principal executive office. If

22 the action is against an individual, the action also may be brought in the

23 judicial district in which the individual resides.

24 § 21303. Chapter 211 violations

25 (a) PENALTY.—(1) Subject to section 21304 of this title, a person violat26 ing chapter 211 of this title is liable to the United States Government for

27 a civil penalty. An act by an individual that causes a railroad carrier to be

28 in violation is a violation. For a violation of section 21106 of this title, a

29 separate violation occurs for each day a facility is not in compliance.

30 (2) The Secretary of Transportation imposes a civil penalty under this

31 subsection. The amount of the penalty shall be at least $500 but not more

32 than $10,000. However, when a grossly negligent violation or a pattern of

33 repeated violations has caused an imminent hazard of death or injury to in34 dividuals, or has caused death or injury, the amount may be not more than

35 $20,000.

36 (3) The Secretary may compromise the amount of the civil penalty under

37 section 3711 of title 31. In determining the amount of a compromise, the

38 Secretary shall consider—

39 (A) the nature, circumstances, extent, and gravity of the violation;
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1 (B) with respect to the violator, the degree of culpability, any history

2 of violations, the ability to pay, and any effect on the ability to con3 tinue to do business; and

4 (C) other matters that justice requires.

5 (4) If the Secretary does not compromise the amount of the civil penalty,

6 the Secretary shall refer the matter to the Attorney General for collection.

7 (b) CIVIL ACTIONS TO COLLECT.—(1) The Attorney General shall bring

8 a civil action in a district court of the United States to collect a civil penalty

9 that is referred to the Attorney General for collection under subsection (a)

10 of this section after satisfactory information is presented to the Attorney

11 General. The action may be brought in the judicial district in which the vio12 lation occurred or the defendant has its principal executive office. If the ac13 tion is against an individual, the action also may be brought in the judicial

14 district in which the individual resides.

15 (2) A civil action under this subsection must be brought not later than

16 2 years after the date of the violation unless administrative notification

17 under section 3711 of title 31 is given within that 2-year period to the per18 son committing the violation. However, even if notification is given, the ac19 tion must be brought within the period specified in section 2462 of title 28.

20 (c) IMPUTATION OF KNOWLEDGE.—In any proceeding under this section,

21 a railroad carrier is deemed to know the acts of its officers and agents.

22 § 21304. Willfulness requirement for penalties against indi23 viduals

24 A civil penalty under this subchapter may be imposed against an individ25 ual only for a willful violation. An individual is deemed not to have commit26 ted a willful violation if the individual was following the direct order of a

27 railroad carrier official or supervisor under protest communicated to the of28 ficial or supervisor. The individual is entitled to document the protest.

29 SUBCHAPTER II—CRIMINAL PENALTIES

30 § 21311. Records and reports

31 (a) RECORDS AND REPORTS UNDER CHAPTER 201.—A person shall be

32 fined under title 18, imprisoned for not more than 2 years, or both, if the

33 person knowingly and willfully—

34 (1) makes a false entry in a record or report required to be made

35 or preserved under chapter 201 of this title;

36 (2) destroys, mutilates, changes, or by another means falsifies such

37 a record or report;

38 (3) does not enter required specified facts and transactions in such

39 a record or report;

40 (4) makes or preserves such a record or report in violation of a regu41 lation prescribed or order issued under chapter 201 of this title; or
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1 (5) files a false record or report with the Secretary of Transpor2 tation.

3 (b) ACCIDENT AND INCIDENT REPORTS.—A railroad carrier not filing the

4 report required by section 20901 of this title shall be fined not more than

5 $500 for each violation and not more than $500 for each day during which

6 the report is overdue.

7 PART B—ASSISTANCE

8 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.

9 § 22101. Financial assistance for State projects

10 (a) GENERAL.—The Secretary of Transportation shall provide financial

11 assistance to a State, as provided under this chapter, for a rail freight as12 sistance project of the State when a rail carrier subject to subchapter I of

13 chapter 105 of this title maintains a rail line in the State. The assistance

14 is for the cost of—

15 (1) acquiring, in any way the State considers appropriate, an interest

16 in a rail line or rail property to maintain existing, or to provide future,

17 rail freight transportation, but only if the Interstate Commerce Com18 mission has authorized, or exempted from the requirements of that au19 thorization, the abandonment of, or the discontinuance of rail transpor20 tation on, the rail line related to the project;

21 (2) improving and rehabilitating rail property on a rail line to the

22 extent necessary to allow adequate and efficient rail freight transpor23 tation on the line, but only if the rail carrier certifies that the rail line

24 related to the project carried not more than 5,000,000 gross ton-miles

25 of freight a mile in the prior year; and

26 (3) building rail or rail-related facilities (including new connections

27 between at least 2 existing rail lines, intermodal freight terminals, sid28 ings, bridges, and relocation of existing lines) to improve the quality

29 and efficiency of the rail freight transportation, but only if the rail car30 rier certifies that the rail line related to the project carried not more

31 than 5,000,000 gross ton-miles of freight a mile in the prior year.

32 (b) CALCULATING COST-BENEFIT RATIO.—The Secretary shall establish

33 a methodology for calculating the ratio of benefits to costs of projects pro34 posed under this chapter. In establishing the methodology, the Secretary

35 shall consider the need for equitable treatment of different regions of the
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1 United States and different commodities transported by rail. The establish2 ment of the methodology is committed to the discretion of the Secretary.

3 (c) CONDITIONS.—(1) Assistance for a project shall be provided under

4 this chapter only if—

5 (A) a rail carrier certifies that the rail line related to the project car6 ried more than 20 carloads a mile during the most recent year during

7 which transportation was provided by the carrier on the line; and

8 (B) the ratio of benefits to costs for the project, as calculated using

9 the methodology established under subsection (b) of this section, is

10 more than 1.0.

11 (2) If the rail carrier that provided the transportation on the rail line is

12 no longer in existence, the applicant for the project shall provide the infor13 mation required by the certification under paragraph (1)(A) of this sub14 section in the way the Secretary prescribes.

15 (3) The Secretary may waive the requirement of paragraph (1)(A) or (2)

16 of this subsection if the Secretary—

17 (A) decides that the rail line has contractual guarantees of at least

18 40 carloads a mile for each of the first 2 years of operation of the pro19 posed project; and

20 (B) finds that there is a reasonable expectation that the contractual

21 guarantees will be fulfilled.

22 (d) LIMITATIONS ON AMOUNTS.—A State may not receive more than 15

23 percent of the amounts provided in a fiscal year under this chapter. Not

24 more than 20 percent of the amounts available under this chapter may be

25 provided in a fiscal year for any one project.

26 § 22102. Eligibility

27 A State is eligible to receive financial assistance under this chapter only

28 when the State complies with regulations the Secretary of Transportation

29 prescribes under this chapter and the Secretary decides that—

30 (1) the State has an adequate plan for rail transportation in the

31 State and a suitable process for updating, revising, and modifying the

32 plan;

33 (2) the State plan is administered or coordinated by a designated

34 State authority and provides for a fair distribution of resources;

35 (3) the State authority—

36 (A) is authorized to develop, promote, supervise, and support

37 safe, adequate, and efficient rail transportation;

38 (B) employs or will employ sufficient qualified and trained per39 sonnel;
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1 (C) maintains or will maintain adequate programs of investiga2 tion, research, promotion, and development with opportunity for

3 public participation; and

4 (D) is designated and directed to take all practicable steps (by

5 itself or with other State authorities) to improve rail transpor6 tation safety and reduce energy use and pollution related to trans7 portation; and

8 (4) the State has ensured that it maintains or will maintain adequate

9 procedures for financial control, accounting, and performance evalua10 tion for the proper use of assistance provided by the United States

11 Government.

12 § 22103. Applications

13 (a) FILING.—A State must file an application with the Secretary of

14 Transportation for financial assistance for a project described under section

15 22101(a) of this title not later than January 1 of the fiscal year for which

16 amounts have been appropriated. However, for a fiscal year for which the

17 authorization of appropriations for assistance under this chapter has not

18 been enacted by the first day of the fiscal year, the State must file the ap19 plication not later than 90 days after the date of enactment of a law author20 izing the appropriations for that fiscal year. The Secretary shall prescribe

21 the form of the application.

22 (b) CONSIDERATIONS.—In considering an application under this sub23 section, the Secretary shall consider the following:

24 (1) the percentage of rail lines that rail carriers have identified to

25 the Interstate Commerce Commission for abandonment or potential

26 abandonment in the State.

27 (2) the likelihood of future abandonments in the State.

28 (3) the ratio of benefits to costs for a proposed project calculated

29 using the methodology established under section 22101(b) of this title.

30 (4) the likelihood that the rail line will continue operating with as31 sistance.

32 (5) the impact of rail bankruptcies, rail restructuring, and rail merg33 ers on the State.

34 § 22104. State rail plan financing

35 (a) ENTITLEMENT AND USES.—On the first day of each fiscal year, each

36 State is entitled to $36,000 of the amounts made available under section

37 22108 of this title during that fiscal year to be used—

38 (1) to establish, update, revise, and modify the State plan required

39 by section 22102 of this title; or
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1 (2) to carry out projects described in section 22101(a)(1), (2), or (3)

2 of this title, as designated by the State, if those projects meet the re3 quirements of section 22101(c)(1)(B) of this title.

4 (b) APPLICATIONS.—Each State must apply for amounts under this sec5 tion not later than the first day of the fiscal year for which the amounts

6 are available. However, for any fiscal year for which the authorization of

7 appropriations for financial assistance under this chapter has not been en8 acted by the first day of the fiscal year, the State must apply for amounts

9 under this section not later than 60 days after the date of enactment of

10 a law authorizing the appropriations for that fiscal year. Not later than 60

11 days after receiving an application, the Secretary of Transportation shall

12 consider the application and notify the State of the approval or disapproval

13 of the application.

14 (c) AVAILABILITY OF AMOUNTS.—Amounts provided under this section

15 remain available to a State for obligation for the first 3 months after the

16 end of the fiscal year for which the amounts were made available. Amounts

17 not applied for under this section or that remain unobligated after the first

18 3 months after the end of the fiscal year for which the amounts were made

19 available are available to the Secretary for projects meeting the require20 ments of this chapter.

21 § 22105. Sharing project costs

22 (a) GENERAL.—(1) The United States Government’s share of the costs

23 of financial assistance for a project under this chapter is 50 percent, except

24 that for assistance provided under section 22101(a)(2) of this title, the Gov25 ernment’s share is 70 percent. The State may pay its share of the costs

26 in cash or through the following benefits, to the extent that the benefits oth27 erwise would not be provided:

28 (A) forgiveness of taxes imposed on a rail carrier or its property.

29 (B) real and tangible personal property (provided by the State or a

30 person for the State) necessary for the safe and efficient operation of

31 rail freight transportation.

32 (C) track rights secured by the State for a rail carrier.

33 (D) the cash equivalent of State salaries for State employees working

34 on the State project, except overhead and general administrative costs.

35 (2) A State may pay more than its required percentage share of the costs

36 of a project under this chapter. When a State, or a person acting for a

37 State, pays more than the State share of the costs of its projects during

38 a fiscal year, the excess amount shall be applied to the State share for the

39 costs of the State projects for later fiscal years.
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1 (b) AGREEMENTS TO COMBINE AMOUNTS.—States may agree to combine

2 any part of the amounts made available under this chapter to carry out a

3 project that is eligible for assistance under this chapter when—

4 (1) the project will benefit each State making the agreement; and

5 (2) the agreement is not a violation of State law.

6 § 22106. Limitations on financial assistance

7 (a) GRANTS AND LOANS.—A State shall use financial assistance for

8 projects under this chapter to make a grant or lend money to the owner

9 of rail property, or a rail carrier providing rail transportation, related to a

10 project being assisted. The State shall decide on the financial terms of the

11 grant or loan, except that the time for making grant advances shall comply

12 with regulations of the Secretary of the Treasury.

13 (b) HOLDING AND USE OF GOVERNMENT’S SHARE.—The State shall

14 place the United States Government’s share of money that is repaid in an

15 interest-bearing account. However, the Secretary of Transportation may

16 allow a borrower to place that money, for the benefit of the State, in a bank

17 designated by the Secretary of the Treasury under section 10 of the Act

18 of June 11, 1942 (12 U.S.C. 265). The State shall use the money and accu19 mulated interest to make other grants and loans under this chapter.

20 (c) PAYMENT OF UNUSED MONEY AND ACCUMULATED INTEREST.—The

21 State may pay the Secretary of Transportation the Government’s share of

22 unused money and accumulated interest at any time. However, the State

23 must pay the unused money and accumulated interest to the Secretary when

24 the State ends its participation under this chapter.

25 (d) ENCOURAGING PARTICIPATION.—To the maximum extent possible,

26 the State shall encourage the participation of shippers, rail carriers, and

27 local communities in paying the State share of assistance costs.

28 (e) RETENTION OF CONTINGENT INTEREST.—Each State shall retain a

29 contingent interest (redeemable preference shares) for the Government’s

30 share of amounts in a rail line receiving assistance under this chapter. The

31 State may collect its share of the amounts used for the rail line if—

32 (1) an application for abandonment of the rail line is filed under

33 chapter 109 of this title; or

34 (2) the rail line is sold or disposed of after it has received assistance

35 under this chapter.

36 § 22107. Records, audits, and information

37 (a) RECORDS.—Each recipient of financial assistance through an arrange38 ment under this chapter shall keep records required by the Secretary of

39 Transportation. The records shall be kept for 3 years after a project is com40 pleted and shall disclose—

41 (1) the amount of, and disposition by the recipient, of the assistance;
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1 (2) the total costs of the project for which the assistance was given

2 or used;

3 (3) the amount of that part of the costs of the project paid by other

4 sources; and

5 (4) any other records that will make an effective audit easier.

6 (b) AUDITS.—The Secretary and the Comptroller General shall make reg7 ular financial and performance audits, as provided under chapter 75 of title

8 31, of activities and transactions assisted under this chapter.

9 (c) INFORMATION.—The Interstate Commerce Commission shall provide

10 the Secretary with information the Secretary requests to assist in carrying

11 out this chapter. The Commission shall provide the information not later

12 than 30 days after receiving a request from the Secretary.

13 (d) LIST OF RAIL LINES.—Not later than August 1 of each year, each

14 rail carrier subject to subchapter I of chapter 105 of this title shall submit

15 to the Secretary a list of the rail lines of the carrier that carried not more

16 than 5,000,000 gross ton-miles of freight a mile in the prior year.

17 § 22108. Authorization of appropriations

18 (a) GENERAL.—(1) Not more than the following amounts may be appro19 priated to the Secretary of Transportation to carry out this chapter:

20 (A) $25,000,000 for the fiscal year ending September 30, 1993.

21 (B) $30,000,000 for the fiscal year ending September 30, 1994.

22 (2) Amounts appropriated under paragraph (1) of this subsection remain

23 available until expended.

24 (3) No amount may be appropriated to the Secretary for any period after

25 September 30, 1994, to carry out this chapter.

26 (b) DISTRIBUTION OF AMOUNTS.—The Secretary shall establish proce27 dures necessary to ensure that amounts available to the Secretary for

28 projects under this chapter are distributed not later than April 1 of the fis29 cal year for which the amounts are appropriated. If any amounts are not

30 distributed by April 1, the Secretary shall report to the Committee on En31 ergy and Commerce of the House of Representatives and the Committee on

32 Commerce, Science, and Transportation of the Senate on the status of those

33 amounts and the reasons for the delay in distribution.

34 (c) AVAILABILITY OF OTHER AMOUNTS.—Amounts appropriated to carry

35 out section 5(i) of the Department of Transportation Act for fiscal year

36 1990 that are not applied for or that remain unobligated on January 1,

37 1991, are available to the Secretary for projects under this chapter.

38 PART C—PASSENGER TRANSPORTATION

39 CHAPTER 241—GENERAL

Sec.

24101. Findings, purpose, and goals.

24102. Definitions.
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24103. Enforcement.

24104. Authorization of appropriations.

1 § 24101. Findings, purpose, and goals

2 (a) FINDINGS.—(1) Public convenience and necessity require that Am3 trak, to the extent its budget allows, provide modern, cost-efficient, and en4 ergy-efficient intercity rail passenger transportation between crowded urban

5 areas and in other areas of the United States.

6 (2) Rail passenger transportation can help alleviate overcrowding of air7 ways and airports and on highways.

8 (3) A traveler in the United States should have the greatest possible

9 choice of transportation most convenient to the needs of the traveler.

10 (4) A greater degree of cooperation is necessary among Amtrak, other rail

11 carriers, State, regional, and local governments, the private sector, labor or12 ganizations, and suppliers of services and equipment to Amtrak to achieve

13 a performance level sufficient to justify expending public money.

14 (5) Modern and efficient commuter rail passenger transportation is im15 portant to the viability and well-being of major urban areas and to the en16 ergy conservation and self-sufficiency goals of the United States.

17 (6) As a rail passenger transportation entity, Amtrak should be available

18 to operate commuter rail passenger transportation through its subsidiary,

19 Amtrak Commuter, under contract with commuter authorities that do not

20 provide the transportation themselves as part of the governmental function

21 of the State.

22 (7) The Northeast Corridor is a valuable resource of the United States

23 used by intercity and commuter rail passenger transportation and freight

24 transportation.

25 (8) Greater coordination between intercity and commuter rail passenger

26 transportation is required.

27 (b) PURPOSE.—By using innovative operating and marketing concepts,

28 Amtrak shall provide intercity and commuter rail passenger transportation

29 that completely develops the potential of modern rail transportation to meet

30 the intercity and commuter passenger transportation needs of the United

31 States.

32 (c) GOALS.—Amtrak shall—

33 (1) use its best business judgment in acting to minimize United

34 States Government subsidies, including—

35 (A) increasing fares;

36 (B) increasing revenue from the transportation of mail and ex37 press;

38 (C) reducing losses on food service;

39 (D) improving its contracts with operating rail carriers;

40 (E) reducing management costs; and
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1 (F) increasing employee productivity;

2 (2) minimize Government subsidies by encouraging State, regional,

3 and local governments and the private sector to share the cost of pro4 viding rail passenger transportation, including the cost of operating fa5 cilities;

6 (3) carry out strategies to achieve immediately maximum productiv7 ity and efficiency consistent with safe and efficient transportation;

8 (4) operate Amtrak trains, to the maximum extent feasible, to all

9 station stops within 15 minutes of the time established in public time10 tables;

11 (5) develop transportation on rail corridors subsidized by States and

12 private parties;

13 (6) implement schedules based on a systemwide average speed of at

14 least 60 miles an hour that can be achieved with a degree of reliability

15 and passenger comfort;

16 (7) encourage rail carriers to assist in improving intercity rail pas17 senger transportation;

18 (8) improve generally the performance of Amtrak through com19 prehensive and systematic operational programs and employee incen20 tives;

21 (9) carry out policies that ensure equitable access to the Northeast

22 Corridor by intercity and commuter rail passenger transportation;

23 (10) coordinate the uses of the Northeast Corridor, particularly

24 intercity and commuter rail passenger transportation; and

25 (11) maximize the use of its resources, including the most cost-effec26 tive use of employees, facilities, and real property.

27 (d) MINIMIZING GOVERNMENT SUBSIDIES.—To carry out subsection

28 (c)(11) of this section, Amtrak is encouraged to make agreements with the

29 private sector and undertake initiatives that are consistent with good busi30 ness judgment and designed to maximize its revenues and minimize Govern31 ment subsidies.

32 § 24102. Definitions

33 In this part—

34 (1) ‘‘auto-ferry transportation’’ means intercity rail passenger trans35 portation—

36 (A) of automobiles or recreational vehicles and their occupants;

37 and

38 (B) when space is available, of used unoccupied vehicles.

39 (2) ‘‘avoidable loss’’ means the avoidable costs of providing rail pas40 senger transportation, less revenue attributable to the transportation,
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1 as determined by the Interstate Commerce Commission under section

2 553 of title 5.

3 (3) ‘‘basic system’’ means the system of intercity rail passenger

4 transportation designated by the Secretary of Transportation under

5 section 4 of the Amtrak Improvement Act of 1978 and approved by

6 Congress, and transportation required to be provided under section

7 24705(a) of this title and section 4(g) of the Act, including changes

8 in the system or transportation that Amtrak makes using the route and

9 service criteria.

10 (4) ‘‘commuter authority’’ means a State, local, or regional entity es11 tablished to provide, or make a contract providing for, commuter rail

12 passenger transportation.

13 (5) ‘‘commuter rail passenger transportation’’ means short-haul rail

14 passenger transportation in metropolitan and suburban areas usually

15 having reduced fare, multiple-ride, and commuter tickets and morning

16 and evening peak period operations.

17 (6) ‘‘intercity rail passenger transportation’’ means rail passenger

18 transportation, except commuter rail passenger transportation.

19 (7) ‘‘Northeast Corridor’’ means Connecticut, Delaware, the District

20 of Columbia, Maryland, Massachusetts, New Jersey, New York, Penn21 sylvania, and Rhode Island.

22 (8) ‘‘rail carrier’’ means a person providing rail transportation for

23 compensation.

24 (9) ‘‘rate’’ means a rate, fare, or charge for rail transportation.

25 (10) ‘‘regional transportation authority’’ means an entity established

26 to provide passenger transportation in a region.

27 (11) ‘‘route and service criteria’’ means the criteria and procedures

28 for making route and service decisions established under section

29 404(c)(1)-(3)(A) of the Rail Passenger Service Act.

30 § 24103. Enforcement

31 (a) GENERAL.—(1) Except as provided in paragraph (2) of this sub32 section, only the Attorney General may bring a civil action for equitable re33 lief in a district court of the United States when Amtrak or a rail carrier—

34 (A) engages in or adheres to an action, practice, or policy inconsist35 ent with this part;

36 (B) obstructs or interferes with an activity authorized under this

37 part;

38 (C) refuses, fails, or neglects to discharge its duties and responsibil39 ities under this part; or

40 (D) threatens—
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1 (i) to engage in or adhere to an action, practice, or policy incon2 sistent with this part;

3 (ii) to obstruct or interfere with an activity authorized by this

4 part; or

5 (iii) to refuse, fail, or neglect to discharge its duties and respon6 sibilities under this part.

7 (2) An employee affected by any conduct or threat referred to in para8 graph (1) of this subsection, or an authorized employee representative, may

9 bring the civil action if the conduct or threat involves a labor agreement.

10 (b) REVIEW OF DISCONTINUANCE OR REDUCTION.—A discontinuance of

11 a route, a train, or transportation, or a reduction in the frequency of trans12 portation, by Amtrak is reviewable only in a civil action for equitable relief

13 brought by the Attorney General.

14 (c) VENUE.—Except as otherwise prohibited by law, a civil action under

15 this section may be brought in the judicial district in which Amtrak or the

16 rail carrier resides or is found.

17 § 24104. Authorization of appropriations

18 (a) CAPITAL ACQUISITION AND CORRIDOR DEVELOPMENT.—(1) Not

19 more than $250,000,000 may be appropriated to the Secretary of Transpor20 tation for each of the fiscal years ending September 30, 1993, and Septem21 ber 30, 1994, for the benefit of Amtrak to make capital expenditures under

22 chapters 243–247 of this title.

23 (2) In addition to amounts that may be appropriated under section 24909

24 of this title, not more than the following amounts may be appropriated to

25 the Secretary for the benefit of Amtrak to make capital expenditures under

26 chapter 249 of this title:

27 (A) $220,000,000 for the fiscal year ending September 30, 1993.

28 (B) $250,000,000 for the fiscal year ending September 30, 1994.

29 (3)(A) Not more than 15 percent of each of the amounts appropriated

30 under paragraphs (1) and (2) of this subsection is available for transpor31 tation described in subparagraphs (B) and (C) of this paragraph.

32 (B) Amounts made available under subparagraph (A) of this paragraph

33 shall be used to develop new intercity rail passenger transportation on cor34 ridors between cities undergoing significant population growth and in which

35 the transportation reasonably can be expected to provide travel times com36 parable with other surface transportation modes. An amount may be ex37 pended for the transportation only if a State requests the transportation

38 and the State and Amtrak agree that—

39 (i) Amtrak will pay at least 90 percent of the cost of acquiring roll40 ing stock for the transportation; and
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1 (ii) the State will pay at least 90 percent of the cost of improving

2 the right of way, including track structure, signal systems, passenger

3 station facilities, highway and pedestrian grade crossings, and other

4 safety equipment and facilities.

5 (C) Amounts made available under subparagraph (A) of this paragraph

6 shall be used to begin new long distance intercity rail passenger transpor7 tation. An amount may be expended for the transportation only if a State

8 requests the transportation and the State and Amtrak agree that—

9 (i) Amtrak will pay at least 75 percent of the cost of acquiring roll10 ing stock for the transportation; and

11 (ii) the State will pay at least 90 percent of the cost of improving

12 the right of way, including track structure, signal systems, passenger

13 station facilities, highway and pedestrian grade crossings, and other

14 safety equipment and facilities.

15 (D) Section 24704 of this title applies to the operating expenses of trans16 portation described in subparagraphs (B) and (C) of this paragraph.

17 (b) OPERATING EXPENSES.—(1) Not more than $381,000,000 may be

18 appropriated to the Secretary for each of the fiscal years ending September

19 30, 1993, and September 30, 1994, for the benefit of Amtrak for operating

20 expenses. Not more than 5 percent of the amounts appropriated for each

21 fiscal year shall be used to pay operating expenses under section 24704 of

22 this title for transportation in operation on September 30, 1992.

23 (2)(A) Not more than the following amounts may be appropriated to the

24 Secretary for the benefit of Amtrak for operating losses under section

25 24704 of this title for transportation beginning after September 30, 1992:

26 (i) $7,500,000 for the fiscal year ending September 30, 1993.

27 (ii) $9,500,000 for the fiscal year ending September 30, 1994.

28 (B) The expenditure by Amtrak of an amount appropriated under sub29 paragraph (A) of this paragraph is deemed not to be an operating expense

30 when calculating the revenue-to-operating expense ratio of Amtrak.

31 (c) MANDATORY PAYMENTS.—(1) Not more than $150,000,000 for the

32 fiscal year ending September 30, 1993, and amounts that may be necessary

33 for the fiscal year ending September 30, 1994, may be appropriated to the

34 Secretary to pay—

35 (A) tax liabilities under section 3221 of the Internal Revenue Code

36 of 1986 (26 U.S.C. 3221) due in those fiscal years that are more than

37 the amount needed for benefits for individuals who retire from Amtrak

38 and for their beneficiaries;

39 (B) obligations of Amtrak under section 8(a) of the Railroad Unem40 ployment Insurance Act (45 U.S.C. 358(a)) due in those fiscal years
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1 that are more than obligations of Amtrak calculated on an experience2 related basis; and

3 (C) obligations of Amtrak due under section 3321 of the Code (26

4 U.S.C. 3321).

5 (2) Amounts appropriated under this subsection are not a United States

6 Government subsidy of Amtrak.

7 (d) PAYMENT TO AMTRAK.—Amounts appropriated under this section

8 shall be paid to Amtrak under the budget request of the Secretary as ap9 proved or modified by Congress when the amounts are appropriated. A pay10 ment may not be made more frequently than once every 90 days, unless

11 Amtrak, for good cause, requests more frequent payment before a 90-day

12 period ends. In each fiscal year in which amounts are authorized to be ap13 propriated under this section, amounts appropriated shall be paid to Amtrak

14 as follows:

15 (1) 50 percent on October 1.

16 (2) 25 percent on January 1.

17 (3) 25 percent on April 1.

18 (e) AVAILABILITY OF AMOUNTS AND EARLY APPROPRIATIONS.—(1)

19 Amounts appropriated under this section remain available until expended.

20 (2) Amounts for capital acquisitions and improvements may be appro21 priated in a fiscal year before the fiscal year in which the amounts will be

22 obligated.

23 (f) LIMITATIONS ON USE.—Amounts appropriated under this section may

24 not be used to subsidize operating losses of commuter rail passenger or rail

25 freight transportation.

26 CHAPTER 243—AMTRAK

Sec.

24301. Status and applicable laws.

24302. Board of directors.

24303. Officers.

24304. Capitalization.

24305. General authority.

24306. Mail, express, and auto-ferry transportation.

24307. Special transportation.

24308. Use of facilities and providing services to Amtrak.

24309. Retaining and maintaining facilities.

24310. Assistance for upgrading facilities.

24311. Acquiring interests in property by eminent domain.

24312. Labor standards.

24313. Rail safety system program.

24314. Demonstration of new technology.

24315. Reports and audits.

27 § 24301. Status and applicable laws

28 (a) STATUS.—Amtrak—

29 (1) is a rail carrier under section 10102 of this title;

30 (2) shall be operated and managed as a for-profit corporation; and
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1 (3) is not a department, agency, or instrumentality of the United

2 States Government.

3 (b) PRINCIPAL OFFICE AND PLACE OF BUSINESS.—The principal office

4 and place of business of Amtrak are in the District of Columbia. Amtrak

5 is qualified to do business in each State in which Amtrak carries out an

6 activity authorized under this part. Amtrak shall accept service of process

7 by certified mail addressed to the secretary of Amtrak at its principal office

8 and place of business. Amtrak is a citizen only of the District of Columbia

9 when deciding original jurisdiction of the district courts of the United States

10 in a civil action.

11 (c) APPLICATION OF SUBTITLE IV.—(1) Subtitle IV of this title applies

12 to Amtrak, except for provisions related to the—

13 (A) regulation of rates;

14 (B) abandonment or extension of rail lines used only for passenger

15 transportation and the abandonment or extension of operations over

16 those lines;

17 (C) regulation of routes and service;

18 (D) discontinuance or change of rail passenger transportation oper19 ations; and

20 (E) issuance of securities or the assumption of an obligation or li21 ability related to the securities of others.

22 (2) Notwithstanding this subsection—

23 (A) sections 10721–10724 of this title apply to Amtrak; and

24 (B) on application of an adversely affected motor carrier, the Inter25 state Commerce Commission under any provision of subtitle IV of this

26 title applicable to a carrier subject to subchapter I of chapter 105 of

27 this title may hear a complaint about an unfair or predatory rate or

28 marketing practice of Amtrak for a route or service operating at a loss.

29 (d) APPLICATION OF SAFETY AND EMPLOYEE RELATIONS LAWS AND

30 REGULATIONS.—Laws and regulations governing safety, employee represen31 tation for collective bargaining purposes, the handling of disputes between

32 carriers and employees, employee retirement, annuity, and unemployment

33 systems, and other dealings with employees that apply to a common carrier

34 subject to subchapter I of chapter 105 of this title apply to Amtrak.

35 (e) APPLICATION OF CERTAIN ADDITIONAL LAWS.—Section 552 of title

36 5, this part, and, to the extent consistent with this part, the District of Co37 lumbia Business Corporation Act (D.C. Code § 29–301 et seq.) apply to

38 Amtrak.

39 (f) LAWS GOVERNING LEASES AND CONTRACTS.—The laws of the Dis40 trict of Columbia govern leases and contracts of Amtrak, regardless of

41 where they are executed.
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1 (g) NONAPPLICATION OF RATE, ROUTE, AND SERVICE LAWS.—A State

2 or other law related to rates, routes, or service does not apply to Amtrak

3 in connection with rail passenger transportation.

4 (h) NONAPPLICATION OF PAY PERIOD LAWS.—A State or local law relat5 ed to pay periods or days for payment of employees does not apply to Am6 trak. Except when otherwise provided under a collective bargaining agree7 ment, an employee of Amtrak shall be paid at least as frequently as the

8 employee was paid on October 1, 1979.

9 (i) PREEMPTION RELATED TO EMPLOYEE WORK REQUIREMENTS.—A

10 State may not adopt or continue in force a law, rule, regulation, order, or

11 standard requiring Amtrak to employ a specified number of individuals to

12 perform a particular task, function, or operation.

13 (j) NONAPPLICATION OF LAWS ON JOINT USE OR OPERATION OF FACILI14 TIES AND EQUIPMENT.—Prohibitions of law applicable to an agreement for

15 the joint use or operation of facilities and equipment necessary to provide

16 quick and efficient rail passenger transportation do not apply to a person

17 making an agreement with Amtrak to the extent necessary to allow the per18 son to make and carry out obligations under the agreement.

19 (k) EXEMPTION FROM ADDITIONAL TAXES.—(1) In this subsection—

20 (A) ‘‘additional tax’’ means a tax or fee—

21 (i) on the acquisition, improvement, ownership, or operation of

22 personal property by Amtrak; and

23 (ii) on real property, except a tax or fee on the acquisition of

24 real property or on the value of real property not attributable to

25 improvements made, or the operation of those improvements, by

26 Amtrak.

27 (B) ‘‘Amtrak’’ includes a rail carrier subsidiary of Amtrak and a les28 sor or lessee of Amtrak or one of its rail carrier subsidiaries.

29 (2) Amtrak is not required to pay an additional tax because of an expend30 iture to acquire or improve real property, equipment, a facility, or right-of31 way material or structures used in providing rail passenger transportation,

32 even if that use is indirect.

33 (l) EXEMPTION FROM TAXES LEVIED AFTER SEPTEMBER 30, 1981.—

34 (1) Amtrak or a rail carrier subsidiary of Amtrak is exempt from a tax or

35 fee imposed by a State, a political subdivision of a State, or a local taxing

36 authority and levied on it after September 30, 1981. However, Amtrak is

37 not exempt under this subsection from a tax or fee that it was required to

38 pay as of September 10, 1982.

39 (2) The district courts of the United States have original jurisdiction over

40 a civil action Amtrak brings to enforce this subsection and may grant equi41 table or declaratory relief requested by Amtrak.
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1 (m) WASTE DISPOSAL.—(1) An intercity rail passenger car manufactured

2 after October 14, 1990, shall be built to provide for the discharge of human

3 waste only at a servicing facility. Amtrak shall retrofit each of its intercity

4 rail passenger cars that was manufactured after May 1, 1971, and before

5 October 15, 1990, with a human waste disposal system that provides for

6 the discharge of human waste only at a servicing facility. Subject to appro7 priations—

8 (A) the retrofit program shall be completed not later than October

9 15, 1996; and

10 (B) a car that does not provide for the discharge of human waste

11 only at a servicing facility shall be removed from service after that

12 date.

13 (2) Section 361 of the Public Health Service Act (42 U.S.C. 264) and

14 other laws of the United States, States, and local governments do not apply

15 to waste disposal from rail carrier vehicles operated in intercity rail pas16 senger transportation. The district courts of the United States have original

17 jurisdiction over a civil action Amtrak brings to enforce this paragraph and

18 may grant equitable or declaratory relief requested by Amtrak.

19 (n) RAIL TRANSPORTATION TREATED EQUALLY.—When authorizing

20 transportation in the continental United States for an officer, employee, or

21 member of the uniformed services of a department, agency, or instrumental22 ity of the Government, the head of that department, agency, or instrumen23 tality shall consider rail transportation (including transportation by extra24 fare trains) the same as transportation by another authorized mode. The

25 Administrator of General Services shall include Amtrak in the contract air

26 program of the Administrator in markets in which transportation provided

27 by Amtrak is competitive with other carriers on fares and total trip times.

28 § 24302. Board of directors

29 (a) COMPOSITION AND TERMS.—(1) The board of directors of Amtrak is

30 composed of the following 9 directors, each of whom must be a citizen of

31 the United States:

32 (A) the Secretary of Transportation.

33 (B) the President of Amtrak.

34 (C) 3 individuals appointed by the President of the United States,

35 by and with the advice and consent of the Senate, as follows:

36 (i) one individual selected from a list of 3 qualified individuals

37 submitted by the Railway Labor Executives Association.

38 (ii) one chief executive officer of a State selected from among

39 the chief executive officers of States with an interest in rail trans40 portation. The chief executive officer may select an individual to

41 act as the officer’s representative at board meetings.
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1 (iii) one individual selected as a representative of business with

2 an interest in rail transportation.

3 (D) 2 individuals selected by the President of the United States from

4 a list of names consisting of one individual nominated by each com5 muter authority for which Amtrak Commuter provides commuter rail

6 passenger transportation under section 24505 of this title and one indi7 vidual nominated by each commuter authority in the region (as defined

8 in section 102 of the Regional Rail Reorganization Act of 1973 (45

9 U.S.C. 702)) that provides its own commuter rail passenger transpor10 tation or makes a contract with an operator (except Amtrak Com11 muter), except that—

12 (i) one of the individuals selected must have been nominated by

13 a commuter authority for which Amtrak Commuter provides com14 muter rail transportation; or

15 (ii) if Amtrak Commuter does not provide commuter rail pas16 senger transportation for any authority, the 2 individuals shall be

17 selected from a list of 5 individuals submitted by commuter au18 thorities providing transportation over rail property of Amtrak.

19 (E) 2 individuals selected by the holders of the preferred stock of

20 Amtrak.

21 (2) An individual appointed under paragraph (1)(C) of this subsection

22 serves for 4 years or until the individual’s successor is appointed and quali23 fied. Not more than 2 individuals appointed under paragraph (1)(C) may

24 be members of the same political party.

25 (3) An individual selected under paragraph (1)(D) of this subsection

26 serves for 2 years or until the individual’s successor is selected.

27 (4) An individual selected under paragraph (1)(E) of this subsection

28 serves for one year or until the individual’s successor is selected.

29 (5) The President of Amtrak serves as Chairman of the board.

30 (6) The Secretary may be represented at a meeting of the board only by

31 the Deputy Secretary of Transportation, the Administrator of the Federal

32 Railroad Administration, or the General Counsel of the Department of

33 Transportation.

34 (b) CUMULATIVE VOTING.—The articles of incorporation of Amtrak shall

35 provide for cumulative voting for all stockholders.

36 (c) CONFLICTS OF INTEREST.—When serving on the board, a director ap37 pointed by the President of the United States may not have—

38 (1) a financial or employment relationship with a rail carrier; and

39 (2) a significant financial relationship or an employment relationship

40 with a person competing with Amtrak in providing passenger transpor41 tation.
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1 (d) PAY AND EXPENSES.—Each director not employed by the United

2 States Government is entitled to $300 a day when performing board duties

3 and powers. Each director is entitled to reimbursement for necessary travel,

4 reasonable secretarial and professional staff support, and subsistence ex5 penses incurred in attending board meetings.

6 (e) VACANCIES.—A vacancy on the board is filled in the same way as the

7 original selection, except that an individual appointed by the President of

8 the United States under subsection (a)(1)(C) of this section to fill a vacancy

9 occurring before the end of the term for which the predecessor of that indi10 vidual was appointed is appointed for the remainder of that term. A vacancy

11 required to be filled by appointment under subsection (a)(1)(C) must be

12 filled not later than 120 days after the vacancy occurs.

13 (f) BYLAWS.—The board may adopt and amend bylaws governing the op14 eration of Amtrak. The bylaws shall be consistent with this part and the

15 articles of incorporation.

16 § 24303. Officers

17 (a) APPOINTMENT AND TERMS.—Amtrak has a President and other offi18 cers that are named and appointed by the board of directors of Amtrak.

19 An officer of Amtrak must be a citizen of the United States. Officers of

20 Amtrak serve at the pleasure of the board.

21 (b) PAY.—The board may fix the pay of the officers of Amtrak. An offi22 cer may not be paid more than the general level of pay for officers of rail

23 carriers with comparable responsibility.

24 (c) CONFLICTS OF INTEREST.—When employed by Amtrak, an officer

25 may not have a financial or employment relationship with another rail car26 rier, except that holding securities issued by a rail carrier is not deemed

27 to be a violation of this subsection if the officer holding the securities makes

28 a complete public disclosure of the holdings and does not participate in any

29 decision directly affecting the rail carrier.

30 § 24304. Capitalization

31 (a) STOCK.—Amtrak may have outstanding one issue of common stock

32 and one issue of preferred stock. Each type of stock is eligible for a divi33 dend. The articles of incorporation of Amtrak shall provide that—

34 (1) each type of stock must be fully paid and nonassessable;

35 (2) common stock has a par value of $10 a share; and

36 (3) preferred stock has a par value of $100 a share.

37 (b) LIMITATIONS ON OWNERSHIP AND VOTING.—(1) A rail carrier or

38 person controlling a rail carrier—

39 (A) may not hold preferred stock of Amtrak; and

40 (B) may vote not more than one-third of the total number of shares

41 of outstanding common stock of Amtrak.
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1 (2) Additional common stock owned by a rail carrier or person controlling

2 a rail carrier is deemed to be not outstanding for voting and quorum pur3 poses.

4 (c) PREFERRED STOCK DIVIDENDS AND LIQUIDATION PREFERENCES.—

5 The articles of incorporation of Amtrak shall provide that—

6 (1) its preferred stock has a cumulative dividend of at least 6 per7 cent a year;

8 (2) if a dividend on the preferred stock is not declared and paid or

9 set aside for payment, the deficiency shall be declared and paid or set

10 aside for payment before a dividend or other distribution is made on

11 its common stock;

12 (3) the preferred stock has a liquidation preference over the common

13 stock entitling holders of preferred stock to receive a liquidation pay14 ment of at least par value plus all accrued unpaid dividends before a

15 liquidation payment is made to holders of common stock; and

16 (4) the preferred stock may be converted to common stock.

17 (d) ISSUANCE OF PREFERRED STOCK TO SECRETARY.—(1) Not later

18 than 30 days after the close of each fiscal quarter, Amtrak shall issue to

19 the Secretary of Transportation preferred stock equal, to the nearest whole

20 share, to the amount paid to Amtrak under section 24104(d) of this title

21 during the quarter.

22 (2) Preferred stock issued under this subsection or section 304(c)(1) of

23 the Rail Passenger Service Act is deemed to be issued on the date Amtrak

24 receives the amounts for which the stock is issued.

25 (3) An amendment to the articles of incorporation of Amtrak is not re26 quired for issuing preferred stock under this subsection.

27 (e) TAXES AND FEES ON PREFERRED STOCK.—A tax or fee applies to

28 preferred stock issued under this section only if specifically prescribed by

29 Congress.

30 (f) NONVOTING CERTIFICATES OF INDEBTEDNESS.—Amtrak may issue

31 nonvoting certificates of indebtedness, except that an obligation with a liq32 uidation interest superior to preferred stock issued to the Secretary or se33 cured by a lien on property of Amtrak may be incurred when preferred

34 stock issued to the Secretary is outstanding only if the Secretary consents.

35 (g) INSPECTION RIGHTS.—Stockholders of Amtrak have the rights of in36 specting and copying set forth in section 45(b) of the District of Columbia

37 Business Corporation Act (D.C. Code § 29–345(b)) regardless of the

38 amount of stock they hold.

39 § 24305. General authority

40 (a) ACQUISITION AND OPERATION OF EQUIPMENT AND FACILITIES.—(1)

41 Amtrak may acquire, operate, maintain, and make contracts for the oper-
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1 ation and maintenance of equipment and facilities necessary for intercity

2 and commuter rail passenger transportation, the transportation of mail and

3 express, and auto-ferry transportation.

4 (2) Amtrak shall operate and control directly, to the extent practicable,

5 all aspects of the rail passenger transportation it provides.

6 (b) MAINTENANCE AND REHABILITATION.—Amtrak may maintain and

7 rehabilitate rail passenger equipment and shall maintain a regional mainte8 nance plan that includes—

9 (1) a review panel at the principal office of Amtrak consisting of

10 members the President of Amtrak designates;

11 (2) a systemwide inventory of spare equipment parts in each oper12 ational region;

13 (3) enough maintenance employees for cars and locomotives in each

14 region;

15 (4) a systematic preventive maintenance program;

16 (5) periodic evaluations of maintenance costs, time lags, and parts

17 shortages and corrective actions; and

18 (6) other elements or activities Amtrak considers appropriate.

19 (c) MISCELLANEOUS AUTHORITY.—Amtrak may—

20 (1) make and carry out appropriate agreements;

21 (2) transport mail and express and shall use all feasible methods to

22 obtain the bulk mail business of the United States Postal Service;

23 (3) improve its reservation system and advertising;

24 (4) provide food and beverage services on its trains only if revenues

25 from the services each year at least equal the cost of providing the

26 services;

27 (5) conduct research, development, and demonstration programs re28 lated to the mission of Amtrak; and

29 (6) buy or lease rail rolling stock and develop and demonstrate im30 proved rolling stock.

31 (d) THROUGH ROUTES AND JOINT FARES.—(1) Establishing through

32 routes and joint fares between Amtrak and other intercity rail passenger

33 carriers and motor carriers of passengers is consistent with the public inter34 est and the transportation policy of the United States. Congress encourages

35 establishing those routes and fares.

36 (2) Amtrak may establish through routes and joint fares with any domes37 tic or international motor carrier, air carrier, or water carrier.

38 (e) RAIL POLICE.—Amtrak may employ rail police to provide security for

39 rail passengers and property of Amtrak. Rail police employed by Amtrak

40 who have complied with a State law establishing requirements applicable to
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1 rail police or individuals employed in a similar position may be employed

2 without regard to the law of another State containing those requirements.

3 (f) DOMESTIC BUYING PREFERENCES.—(1) In this subsection, ‘‘United

4 States’’ means the States, territories, and possessions of the United States

5 and the District of Columbia.

6 (2) Amtrak shall buy only—

7 (A) unmanufactured articles, material, and supplies mined or pro8 duced in the United States; or

9 (B) manufactured articles, material, and supplies manufactured in

10 the United States substantially from articles, material, and supplies

11 mined, produced, or manufactured in the United States.

12 (3) Paragraph (2) of this subsection applies only when the cost of those

13 articles, material, or supplies bought is at least $1,000,000.

14 (4) On application of Amtrak, the Secretary of Transportation may ex15 empt Amtrak from this subsection if the Secretary decides that—

16 (A) for particular articles, material, or supplies—

17 (i) the requirements of paragraph (2) of this subsection are in18 consistent with the public interest;

19 (ii) the cost of imposing those requirements is unreasonable; or

20 (iii) the articles, material, or supplies, or the articles, material,

21 or supplies from which they are manufactured, are not mined, pro22 duced, or manufactured in the United States in sufficient and rea23 sonably available commercial quantities and are not of a satisfac24 tory quality; or

25 (B) rolling stock or power train equipment cannot be bought and de26 livered in the United States within a reasonable time.

27 § 24306. Mail, express, and auto-ferry transportation

28 (a) ACTIONS TO INCREASE REVENUES.—Amtrak shall take necessary ac29 tion to increase its revenues from the transportation of mail and express.

30 To increase its revenues, Amtrak may provide auto-ferry transportation as

31 part of the basic passenger transportation authorized by this part. When

32 requested by Amtrak, a department, agency, or instrumentality of the Unit33 ed States Government shall assist in carrying out this section.

34 (b) AUTHORITY OF OTHERS TO PROVIDE AUTO-FERRY TRANSPOR35 TATION.—(1) A person primarily providing auto-ferry transportation and

36 any other person not a rail carrier may provide auto-ferry transportation

37 over any route under a certificate issued by the Interstate Commerce Com38 mission if the Commission finds that the auto-ferry transportation—

39 (A) will not impair the ability of Amtrak to reduce its losses or in40 crease its revenues; and

41 (B) is required to meet the public demand.
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1 (2) A rail carrier that has not made a contract with Amtrak to provide

2 rail passenger transportation may provide auto-ferry transportation over its

3 own rail lines.

4 (3) State and local laws and regulations that impair the provision of auto5 ferry transportation do not apply to Amtrak or a rail carrier providing auto6 ferry transportation. A rail carrier may not refuse to participate with Am7 trak in providing auto-ferry transportation because a State or local law or

8 regulation makes the transportation unlawful.

9 § 24307. Special transportation

10 (a) REDUCED FARE PROGRAM.—Amtrak shall maintain a reduced fare

11 program for the following:

12 (1) individuals at least 65 years of age.

13 (2) individuals (except alcoholics and drug abusers) who—

14 (A) have a physical or mental impairment that substantially

15 limits a major life activity of the individual;

16 (B) have a record of an impairment; or

17 (C) are regarded as having an impairment.

18 (b) ACTIONS TO ENSURE ACCESS.—Amtrak may act to ensure access to

19 intercity transportation for elderly or handicapped individuals on passenger

20 trains operated by or for Amtrak. That action may include—

21 (1) acquiring special equipment;

22 (2) conducting special training for employees;

23 (3) designing and acquiring new equipment and facilities;

24 (4) eliminating barriers in existing equipment and facilities to com25 ply with the highest standards of design, construction, and alteration

26 of property to accommodate elderly and handicapped individuals; and

27 (5) providing special assistance to elderly and handicapped individ28 uals when getting on and off trains and in terminal areas.

29 (c) EMPLOYEE TRANSPORTATION.—(1) In this subsection, ‘‘rail carrier

30 employee’’ means—

31 (A) an active full-time employee of a rail carrier or terminal com32 pany and includes an employee on furlough or leave of absence;

33 (B) a retired employee of a rail carrier or terminal company; and

34 (C) a dependent of an employee referred to in clause (A) or (B) of

35 this paragraph.

36 (2) Amtrak shall ensure that a rail carrier employee eligible for free or

37 reduced-rate rail transportation on April 30, 1971, under an agreement in

38 effect on that date is eligible, to the greatest extent practicable, for free or

39 reduced-rate intercity rail passenger transportation provided by Amtrak

40 under this part, if space is available, on terms similar to those available on

41 that date under the agreement. However, Amtrak may apply to all rail car-
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1 rier employees eligible to receive free or reduced-rate transportation under

2 any agreement a single systemwide schedule of terms that Amtrak decides

3 applied to a majority of employees on that date under all those agreements.

4 Unless Amtrak and a rail carrier make a different agreement, the carrier

5 shall reimburse Amtrak at the rate of 25 percent of the systemwide average

6 monthly yield of each revenue passenger-mile. The reimbursement is in

7 place of costs Amtrak incurs related to free or reduced-rate transportation,

8 including liability related to travel of a rail carrier employee eligible for free

9 or reduced-rate transportation.

10 (3) This subsection does not prohibit the Interstate Commerce Commis11 sion from ordering retroactive relief in a proceeding begun or reopened after

12 October 1, 1981.

13 § 24308. Use of facilities and providing services to Amtrak

14 (a) GENERAL AUTHORITY.—(1) Amtrak may make an agreement with a

15 rail carrier or regional transportation authority to use facilities of, and have

16 services provided by, the carrier or authority under terms on which the par17 ties agree. The terms shall include a penalty for untimely performance.

18 (2)(A) If the parties cannot agree and if the Interstate Commerce Com19 mission finds it necessary to carry out this part, the Commission shall—

20 (i) order that the facilities be made available and the services pro21 vided to Amtrak; and

22 (ii) prescribe reasonable terms and compensation for using the facili23 ties and providing the services.

24 (B) When prescribing reasonable compensation under subparagraph (A)

25 of this paragraph, the Commission shall consider quality of service as a

26 major factor when determining whether, and the extent to which, the

27 amount of compensation shall be greater than the incremental costs of using

28 the facilities and providing the services.

29 (C) The Commission shall decide the dispute not later than 90 days after

30 Amtrak submits the dispute to the Commission.

31 (3) Amtrak’s right to use the facilities or have the services provided is

32 conditioned on payment of the compensation. If the compensation is not

33 paid promptly, the rail carrier or authority entitled to it may bring an ac34 tion against Amtrak to recover the amount owed.

35 (4) Amtrak shall seek immediate and appropriate legal remedies to en36 force its contract rights when track maintenance on a route over which Am37 trak operates falls below the contractual standard.

38 (b) OPERATING DURING EMERGENCIES.—To facilitate operation by Am39 trak during an emergency, the Commission, on application by Amtrak, shall

40 require a rail carrier to provide facilities immediately during the emergency.

41 The Commission then shall promptly prescribe reasonable terms, including
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1 indemnification of the carrier by Amtrak against personal injury risk to

2 which the carrier may be exposed. The rail carrier shall provide the facilities

3 for the duration of the emergency.

4 (c) PREFERENCE OVER FREIGHT TRANSPORTATION.—Except in an

5 emergency, intercity and commuter rail passenger transportation provided

6 by or for Amtrak has preference over freight transportation in using a rail

7 line, junction, or crossing unless the Secretary of Transportation orders oth8 erwise under this subsection. A rail carrier affected by this subsection may

9 apply to the Secretary for relief. If the Secretary, after an opportunity for

10 a hearing under section 553 of title 5, decides that preference for intercity

11 and commuter rail passenger transportation materially will lessen the qual12 ity of freight transportation provided to shippers, the Secretary shall estab13 lish the rights of the carrier and Amtrak on reasonable terms.

14 (d) ACCELERATED SPEEDS.—If a rail carrier refuses to allow accelerated

15 speeds on trains operated by or for Amtrak, Amtrak may apply to the Sec16 retary for an order requiring the carrier to allow the accelerated speeds. The

17 Secretary shall decide whether accelerated speeds are unsafe or impractica18 ble and which improvements would be required to make accelerated speeds

19 safe and practicable. After an opportunity for a hearing, the Secretary shall

20 establish the maximum allowable speeds of Amtrak trains on terms the Sec21 retary decides are reasonable.

22 (e) ADDITIONAL TRAINS.—(1) When a rail carrier does not agree to pro23 vide, or allow Amtrak to provide, for the operation of additional trains over

24 a rail line of the carrier, Amtrak may apply to the Secretary for an order

25 requiring the carrier to provide or allow for the operation of the requested

26 trains. After a hearing on the record, the Secretary may order the carrier,

27 within 60 days, to provide or allow for the operation of the requested trains

28 on a schedule based on legally permissible operating times. However, if the

29 Secretary decides not to hold a hearing, the Secretary, not later than 30

30 days after receiving the application, shall publish in the Federal Register

31 the reasons for the decision not to hold the hearing.

32 (2) The Secretary shall consider—

33 (A) when conducting a hearing, whether an order would impair un34 reasonably freight transportation of the rail carrier, with the carrier

35 having the burden of demonstrating that the additional trains will im36 pair the freight transportation; and

37 (B) when establishing scheduled running times, the statutory goal of

38 Amtrak to implement schedules that attain a system-wide average

39 speed of at least 60 miles an hour that can be adhered to with a high

40 degree of reliability and passenger comfort.
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1 (3) Unless the parties have an agreement that establishes the compensa2 tion Amtrak will pay the carrier for additional trains provided under an

3 order under this subsection, the Commission shall decide the dispute under

4 subsection (a) of this section.

5 § 24309. Retaining and maintaining facilities

6 (a) DEFINITIONS.—In this section—

7 (1) ‘‘facility’’ means a rail line, right of way, fixed equipment, facil8 ity, or real property related to a rail line, right of way, fixed equipment,

9 or facility, including a signal system, passenger station and repair

10 tracks, a station building, a platform, and a related facility, including

11 a water, fuel, steam, electric, and air line.

12 (2) downgrading a facility means reducing a track classification as

13 specified in the Federal Railroad Administration track safety standards

14 or altering a facility so that the time required for rail passenger trans15 portation to be provided over the route on which a facility is located

16 may be increased.

17 (b) APPROVAL REQUIRED FOR DOWNGRADING OR DISPOSAL.—A facility

18 of a rail carrier or regional transportation authority that Amtrak used to

19 provide rail passenger transportation on February 1, 1979, may be down20 graded or disposed of only after approval by the Secretary of Transportation

21 under this section.

22 (c) NOTIFICATION AND ANALYSIS.—(1) A rail carrier intending to down23 grade or dispose of a facility Amtrak currently is not using to provide trans24 portation shall notify Amtrak of its intention. If, not later than 60 days

25 after Amtrak receives the notice, Amtrak and the carrier do not agree to

26 retain or maintain the facility or to convey an interest in the facility to Am27 trak, the carrier may apply to the Secretary for approval to downgrade or

28 dispose of the facility.

29 (2) After a rail carrier notifies Amtrak of its intention to downgrade or

30 dispose of a facility, Amtrak shall survey population centers with rail pas31 senger transportation facilities to assist in preparing a valid and timely

32 analysis of the need for the facility and shall update the survey as appro33 priate. Amtrak also shall maintain a system for collecting information gath34 ered in the survey. The system shall collect the information based on geo35 graphic regions and on whether the facility would be part of a short haul

36 or long haul route. The survey should facilitate an analysis of—

37 (A) ridership potential by ascertaining existing and changing travel

38 patterns that would provide maximum efficient rail passenger transpor39 tation;

40 (B) the quality of transportation of competitors or likely competitors;
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1 (C) the likelihood of Amtrak offering transportation at a competitive

2 fare;

3 (D) opportunities to target advertising and fares to potential classes

4 of riders;

5 (E) economic characteristics of rail passenger transportation related

6 to the facility and the extent to which the characteristics are consistent

7 with sound economic principles of short haul or long haul rail transpor8 tation; and

9 (F) the feasibility of applying effective internal cost controls to the

10 facility and route served by the facility to improve the ratio of pas11 senger revenue to transportation expenses (excluding maintenance of

12 tracks, structures, and equipment and depreciation).

13 (d) APPROVAL OF APPLICATION AND PAYMENT OF AVOIDABLE COSTS.—

14 (1) If Amtrak does not object to an application not later than 30 days after

15 it is submitted, the Secretary shall approve the application promptly.

16 (2) If Amtrak objects to an application, the Secretary shall decide by not

17 later than 180 days after the objection those costs the rail carrier may avoid

18 if it does not have to retain or maintain a facility in the condition Amtrak

19 requests. If Amtrak does not agree by not later than 60 days after the deci20 sion to pay the carrier these avoidable costs, the Secretary shall approve the

21 application. When deciding whether to pay a carrier the avoidable costs of

22 retaining or maintaining a facility, Amtrak shall consider—

23 (A) the potential importance of restoring rail passenger transpor24 tation on the route on which the facility is located;

25 (B) the market potential of the route;

26 (C) the availability, adequacy, and energy efficiency of an alternate

27 rail line or alternate mode of transportation to provide passenger trans28 portation to or near the places that would be served by the route;

29 (D) the extent to which major population centers would be served

30 by the route;

31 (E) the extent to which providing transportation over the route

32 would encourage the expansion of an intercity rail passenger system in

33 the United States; and

34 (F) the possibility of increased ridership on a rail line that connects

35 with the route.

36 (e) COMPLIANCE WITH OTHER OBLIGATIONS.—Downgrading or dispos37 ing of a facility under this section does not relieve a rail carrier from com38 plying with its other common carrier or legal obligations related to the facil39 ity.
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1 § 24310. Assistance for upgrading facilities

2 (a) TO CORRECT DANGEROUS CONDITIONS.—(1) Amtrak or the owner of

3 a facility presenting a danger to the employees, passengers, or property of

4 Amtrak may petition the Secretary of Transportation for assistance to the

5 owner for relocation or other measures undertaken after December 31,

6 1977, to minimize or eliminate the danger.

7 (2) The Secretary shall recommend to Congress that Congress authorize

8 amounts for the relocation or other measures if the Secretary decides that—

9 (A) the facility presents a danger of death or serious injury to an

10 employee or passenger or of serious damage to that property; and

11 (B) the owner should not be expected to bear the cost of that reloca12 tion or other measures.

13 (b) TO CORRECT STATE AND LOCAL VIOLATIONS.—(1) Amtrak, by itself

14 or jointly with an owner or operator of a rail station Amtrak uses to provide

15 rail passenger transportation, may apply to the Secretary for amounts that

16 may be appropriated under paragraph (2) of this subsection to pay or reim17 burse expenses incurred after October 1, 1987, related to the station com18 plying with an official notice received before October 1, 1987, from a State

19 or local authority stating that the station violates or allegedly violates the

20 building, construction, fire, electric, sanitation, mechanical, or plumbing

21 code.

22 (2) Not more than $1,000,000, may be appropriated to the Secretary to

23 carry out paragraph (1) of this subsection. Amounts appropriated under

24 this paragraph remain available until expended.

25 § 24311. Acquiring interests in property by eminent domain

26 (a) GENERAL AUTHORITY.—(1) To the extent financial resources are

27 available, Amtrak may acquire by eminent domain under subsection (b) of

28 this section interests in property—

29 (A) necessary for intercity rail passenger transportation, except

30 property of a rail carrier, a State, a political subdivision of a State,

31 or a governmental authority; or

32 (B) requested by the Secretary of Transportation in carrying out the

33 Secretary’s duty to design and build an intermodal transportation ter34 minal at Union Station in the District of Columbia if the Secretary

35 assures Amtrak that the Secretary will reimburse Amtrak.

36 (2) Amtrak may exercise the power of eminent domain only if it cannot—

37 (A) acquire the interest in the property by contract; or

38 (B) agree with the owner on the purchase price for the interest.

39 (b) CIVIL ACTIONS.—(1) A civil action to acquire an interest in property

40 by eminent domain under subsection (a) of this section must be brought in

41 the district court of the United States for the judicial district in which the
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1 property is located or, if a single piece of property is located in more than

2 one judicial district, in any judicial district in which any piece of the prop3 erty is located. An interest is condemned and taken by Amtrak for its use

4 when a declaration of taking is filed under this subsection and an amount

5 of money estimated in the declaration to be just compensation for the inter6 est is deposited in the court. The declaration may be filed with the com7 plaint in the action or at any time before judgment. The declaration must

8 contain or be accompanied by—

9 (A) a statement of the public use for which the interest is taken;

10 (B) a description of the property sufficient to identify it;

11 (C) a statement of the interest in the property taken;

12 (D) a plan showing the interest taken; and

13 (E) a statement of the amount of money Amtrak estimates is just

14 compensation for the interest.

15 (2) When the declaration is filed and the deposit is made under para16 graph (1) of this subsection, title to the property vests in Amtrak in fee

17 simple absolute or in the lesser interest shown in the declaration, and the

18 right to the money vests in the person entitled to the money. When the dec19 laration is filed, the court may decide—

20 (A) the time by which, and the terms under which, possession of the

21 property is given to Amtrak; and

22 (B) the disposition of outstanding charges related to the property.

23 (3) After a hearing, the court shall make a finding on the amount that

24 is just compensation for the interest in the property and enter judgment

25 awarding that amount and interest on it. The rate of interest is 6 percent

26 a year and is computed on the amount of the award less the amount depos27 ited in the court from the date of taking to the date of payment.

28 (4) On application of a party, the court may order immediate payment

29 of any part of the amount deposited in the court for the compensation to

30 be awarded. If the award is more than the amount received, the court shall

31 enter judgment against Amtrak for the deficiency.

32 (c) AUTHORITY TO CONDEMN RAIL CARRIER PROPERTY INTERESTS.—

33 (1) If Amtrak and a rail carrier cannot agree on a sale to Amtrak of an

34 interest in property of a rail carrier necessary for intercity rail passenger

35 transportation, Amtrak may apply to the Interstate Commerce Commission

36 for an order establishing the need of Amtrak for the interest and requiring

37 the carrier to convey the interest on reasonable terms, including just com38 pensation. The need of Amtrak is deemed to be established, and the Com39 mission, after holding an expedited proceeding and not later than 120 days

40 after receiving the application, shall order the interest conveyed unless the

41 Commission decides that—
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1 (A) conveyance would impair significantly the ability of the carrier

2 to carry out its obligations as a common carrier; and

3 (B) the obligations of Amtrak to provide modern, efficient, and eco4 nomical rail passenger transportation can be met adequately by acquir5 ing an interest in other property, either by sale or by exercising its

6 right of eminent domain under subsection (a) of this section.

7 (2) If the amount of compensation is not determined by the date of the

8 Commission’s order, the order shall require, as part of the compensation,

9 interest at 6 percent a year from the date prescribed for the conveyance

10 until the compensation is paid.

11 (3) Amtrak subsequently may reconvey to a third party an interest con12 veyed to Amtrak under this subsection or prior comparable provision of law

13 if the Commission decides that the reconveyance will carry out the purposes

14 of this part, regardless of when the proceeding was brought (including a

15 proceeding pending before a United States court on November 28, 1990).

16 § 24312. Labor standards

17 (a) PREVAILING WAGES AND HEALTH AND SAFETY STANDARDS.—(1)

18 Amtrak shall ensure that laborers and mechanics employed by contractors

19 and subcontractors in construction work financed under an agreement made

20 under section 24308(a), 24701(a), or 24704(b)(2) of this title will be paid

21 wages not less than those prevailing on similar construction in the locality,

22 as determined by the Secretary of Labor under the Act of March 3, 1931

23 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5). Amtrak may

24 make such an agreement only after being assured that required labor stand25 ards will be maintained on the construction work. Health and safety stand26 ards prescribed by the Secretary under section 107 of the Contract Work

27 Hours and Safety Standards Act (40 U.S.C. 333) apply to all construction

28 work performed under such an agreement, except for construction work per29 formed by a rail carrier.

30 (2) Wage rates in a collective bargaining agreement negotiated under the

31 Railway Labor Act (45 U.S.C. 151 et seq.) are deemed to comply with the

32 Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—

33 276a–5).

34 (b) CONTRACTING OUT.—(1) Amtrak may not contract out work nor35 mally performed by an employee in a bargaining unit covered by a contract

36 between a labor organization and Amtrak or a rail carrier that provided

37 intercity rail passenger transportation on October 30, 1970, if contracting

38 out results in the layoff of an employee in the bargaining unit.

39 (2) This subsection does not apply to food and beverage services provided

40 on trains of Amtrak.
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1 § 24313. Rail safety system program

2 In consultation with rail labor organizations, Amtrak shall maintain a rail

3 safety system program for employees working on property owned by Am4 trak. The program shall be a model for other rail carriers to use in develop5 ing safety programs. The program shall include—

6 (1) periodic analyses of accident information, including primary and

7 secondary causes;

8 (2) periodic evaluations of the activities of the program, particularly

9 specific steps taken in response to an accident;

10 (3) periodic reports on amounts spent for occupational health and

11 safety activities of the program;

12 (4) periodic reports on reduced costs and personal injuries because

13 of accident prevention activities of the program;

14 (5) periodic reports on direct accident costs, including claims related

15 to accidents; and

16 (6) reports and evaluations of other information Amtrak considers

17 appropriate.

18 § 24314. Demonstration of new technology

19 (a) PLAN.—Amtrak shall develop a plan for demonstrating new tech20 nology in rail passenger equipment. The plan shall provide that new equip21 ment that Amtrak procures that may increase train speed significantly over

22 existing rail facilities shall be demonstrated, to the extent practicable,

23 throughout the intercity rail passenger system.

24 (b) REPORT.—Not later than September 30, 1993, Amtrak shall submit

25 to the Committee on Energy and Commerce of the House of Representatives

26 and the Committee on Commerce, Science, and Transportation of the Sen27 ate a report summarizing the plan developed under subsection (a) of this

28 section, including its goals, locations for technology demonstration, and a

29 schedule for carrying out the plan.

30 (c) COOPERATION.—To make efforts to increase train speed throughout

31 the intercity rail passenger system easier, Amtrak shall consult and cooper32 ate, to the extent feasible, on request of eligible applicants proposing a tech33 nology demonstration authorized and financed under a law of the United

34 States, with those applicants.

35 § 24315. Reports and audits

36 (a) AMTRAK ANNUAL OPERATIONS REPORT.—Not later than February

37 15 of each year, Amtrak shall submit to Congress a report that—

38 (1) for each route on which Amtrak provided intercity rail passenger

39 transportation during the prior fiscal year, includes information on—

40 (A) ridership;

41 (B) passenger-miles;
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1 (C) the short-term avoidable profit or loss for each passenger2 mile;

3 (D) the revenue-to-cost ratio;

4 (E) revenues;

5 (F) the United States Government subsidy;

6 (G) the subsidy not provided by the United States Government;

7 and

8 (H) on-time performance;

9 (2) provides relevant information about a decision to pay an officer

10 of Amtrak more than the rate for level I of the Executive Schedule

11 under section 5312 of title 5; and

12 (3) specifies—

13 (A) significant operational problems Amtrak identifies; and

14 (B) proposals by Amtrak to solve those problems.

15 (b) AMTRAK GENERAL AND LEGISLATIVE ANNUAL REPORT.—(1) Not

16 later than February 15 of each year, Amtrak shall submit to the President

17 and Congress a complete report of its operations, activities, and accomplish18 ments, including a statement of revenues and expenditures for the prior fis19 cal year. The report—

20 (A) shall include a discussion and accounting of Amtrak’s success in

21 meeting the goal of section 24902(b) of this title; and

22 (B) may include recommendations for legislation, including the

23 amount of financial assistance needed for operations and capital im24 provements, the method of computing the assistance, and the sources

25 of the assistance.

26 (2) Amtrak may submit reports to the President and Congress at other

27 times Amtrak considers desirable.

28 (c) SECRETARY’S REPORT ON EFFECTIVENESS OF THIS PART.—The Sec29 retary of Transportation shall prepare a report on the effectiveness of this

30 part in meeting the requirements for a balanced transportation system in

31 the United States. The report may include recommendations for legislation.

32 The Secretary shall include this report as part of the annual report the Sec33 retary submits under section 308(a) of this title.

34 (d) INDEPENDENT AUDITS.—An independent certified public accountant

35 shall audit the financial statements of Amtrak each year. The audit shall

36 be carried out at the place at which the financial statements normally are

37 kept and under generally accepted auditing standards. A report of the audit

38 shall be included in the report required by subsection (a) of this section.

39 (e) COMPTROLLER GENERAL AUDITS.—The Comptroller General may

40 conduct performance audits of the activities and transactions of Amtrak.

41 Each audit shall be conducted at the place at which the Comptroller General
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1 decides and under generally accepted management principles. The Comptrol2 ler General may prescribe regulations governing the audit.

3 (f) AVAILABILITY OF RECORDS AND PROPERTY OF AMTRAK AND RAIL

4 CARRIERS.—Amtrak and, if required by the Comptroller General, a rail car5 rier with which Amtrak has made a contract for intercity rail passenger

6 transportation shall make available for an audit under subsection (d) or (e)

7 of this section all records and property of, or used by, Amtrak or the carrier

8 that are necessary for the audit. Amtrak and the carrier shall provide facili9 ties for verifying transactions with the balances or securities held by deposi10 tories, fiscal agents, and custodians. Amtrak and the carrier may keep all

11 reports and property.

12 (g) COMPTROLLER GENERAL’S REPORT TO CONGRESS.—The Comptroller

13 General shall submit to Congress a report on each audit, giving comments

14 and information necessary to inform Congress on the financial operations

15 and condition of Amtrak and recommendations related to those operations

16 and conditions. The report also shall specify any financial transaction or un17 dertaking the Comptroller General considers is carried out without authority

18 of law. When the Comptroller General submits a report to Congress, the

19 Comptroller General shall submit a copy of it to the President, the Sec20 retary, and Amtrak at the same time.

21 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.

22 § 24501. Status and applicable laws

23 (a) STATUS.—Amtrak Commuter—

24 (1) is a wholly-owned subsidiary of Amtrak;

25 (2) provides by contract commuter rail passenger transportation for

26 a commuter authority with which Amtrak Commuter makes a contract

27 to provide the transportation under this chapter;

28 (3) has no common carrier obligations to provide rail passenger or

29 rail freight transportation; and

30 (4) is not a department, agency, or instrumentality of the United

31 States Government.

32 (b) APPLICATION OF SAFETY AND EMPLOYEE RELATIONS LAWS AND

33 REGULATIONS.—Chapter 105 of this title does not apply to Amtrak Com34 muter. However, laws and regulations governing safety, employee represen35 tation for collective bargaining purposes, the handling of disputes between

36 carriers and employees, employee retirement, annuity, and unemployment

37 systems, and other dealings with employees that apply to a rail carrier pro-
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1 viding transportation subject to subchapter I of chapter 105 apply to Am2 trak Commuter.

3 (c) APPLICATION OF CERTAIN ADDITIONAL LAWS.—This part and, to the

4 extent consistent with this part, the District of Columbia Business Corpora5 tion Act (D.C. Code § 29–301 et seq.) apply to Amtrak Commuter.

6 (d) NONAPPLICATION OF RATE, ROUTE, AND SERVICE LAWS.—A State

7 or other law related to rates, routes, or service in connection with rail pas8 senger transportation does not apply to Amtrak Commuter.

9 (e) PREEMPTION RELATED TO EMPLOYEE WORK REQUIREMENTS.—A

10 State may not adopt or continue in force a law, rule, regulation, order, or

11 standard requiring Amtrak Commuter to employ a specified number of indi12 viduals to perform a particular task, function, or operation.

13 (f) EXEMPTION FROM ADDITIONAL TAXES.—(1) In this subsection, ‘‘ad14 ditional tax’’ means a tax or fee—

15 (A) on the acquisition, improvement, ownership, or operation of per16 sonal property by Amtrak Commuter; and

17 (B) on real property, except a tax or fee on the acquisition of real

18 property or on the value of real property not attributable to improve19 ments made, or the operation of those improvements, by Amtrak Com20 muter.

21 (2) Amtrak Commuter is not required to pay an additional tax because

22 of an expenditure to acquire or improve real property, equipment, a facility,

23 or right-of-way material or structures used to provide rail passenger trans24 portation.

25 (g) TAX EXEMPTION FOR CERTAIN COMMUTER AUTHORITIES.—A com26 muter authority with which Amtrak Commuter could have made a contract

27 to provide commuter rail passenger transportation under this chapter but

28 which decided to provide its own rail passenger transportation beginning on

29 January 1, 1983, is exempt, effective October 1, 1981, from paying a tax

30 or fee to the same extent Amtrak is exempt.

31 (h) NONAPPLICATION OF AGREEMENTS FOR FINANCIAL SUPPORT AND

32 TRACKAGE RIGHTS.—An agreement under which financial support was pro33 vided on January 2, 1974, to a commuter authority to continue rail pas34 senger transportation does not apply to Amtrak Commuter. However, Am35 trak and the Consolidated Rail Corporation retain appropriate trackage

36 rights over rail property owned or leased by the authority. Compensation

37 for the rights shall be reasonable.

38 § 24502. Board of directors

39 (a) COMPOSITION.—The board of directors of Amtrak Commuter is com40 posed of the following directors:

41 (1) the President of Amtrak Commuter.
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1 (2) one individual from the board of directors of Amtrak selected as

2 a representative of commuter authorities that make contracts with Am3 trak Commuter for the operation of commuter rail passenger transpor4 tation.

5 (3) 2 individuals selected by the board of directors of Amtrak.

6 (4) 2 individuals selected by commuter authorities for which Amtrak

7 Commuter provides commuter rail transportation under this chapter.

8 However, only one individual shall be selected under this clause if Am9 trak Commuter provides the transportation for only one authority.

10 (b) TERMS.—Except as otherwise provided in this section, individuals

11 shall serve for 2 years.

12 (c) CHAIRMAN.—The board shall select annually one of its members to

13 serve as Chairman.

14 (d) PAY AND EXPENSES.—Each director not employed by the United

15 States Government is entitled to $300 a day when performing board duties

16 and powers. Each director is entitled to reimbursement for necessary travel,

17 reasonable secretarial and professional staff support, and subsistence ex18 penses incurred in attending board meetings.

19 (e) VACANCIES.—A vacancy on the board is filled in the same way as the

20 original selection.

21 (f) BYLAWS.—The board may adopt and amend bylaws governing the op22 eration of Amtrak Commuter. The bylaws shall be consistent with this part

23 and the articles of incorporation.

24 § 24503. Officers

25 (a) APPOINTMENT AND TERMS.—Amtrak Commuter has a President and

26 other officers that are named and appointed by the board of directors of

27 Amtrak Commuter. An officer of Amtrak Commuter must be a citizen of

28 the United States. Officers of Amtrak Commuter serve at the pleasure of

29 the board.

30 (b) PAY.—The board may fix the pay of the officers of Amtrak Com31 muter. An officer may be paid not more than the general level of pay for

32 officers of rail carriers with comparable responsibility.

33 (c) CONFLICTS OF INTEREST.—When employed by Amtrak Commuter, an

34 officer may not have a financial or employment relationship with a rail car35 rier, except that holding securities issued by a rail carrier is not deemed

36 to be a violation of this subsection if the officer holding the securities makes

37 a complete public disclosure of the holdings and does not participate in any

38 decision directly affecting the rail carrier.

39 § 24504. General authority

40 (a) GENERAL.—Amtrak Commuter may—
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1 (1) acquire, operate, maintain, and make contracts for the operation

2 of equipment and facilities necessary for commuter rail passenger

3 transportation;

4 (2) conduct research and development related to the mission of Am5 trak Commuter; and

6 (3) issue common stock to Amtrak.

7 (b) OPERATION AND CONTROL.—To the extent consistent with this part

8 and with an agreement with a commuter authority, Amtrak Commuter shall

9 operate and control all aspects of the commuter rail passenger transpor10 tation it provides.

11 (c) AGREEMENT TO AVOID DUPLICATING EMPLOYEE FUNCTIONS.—To

12 the maximum extent practicable, Amtrak Commuter and Amtrak shall make

13 an agreement that avoids duplicating employee functions and voluntarily es14 tablishes a consolidated work force.

15 § 24505. Commuter rail passenger transportation

16 (a) GENERAL AUTHORITY.—Amtrak Commuter—

17 (1) shall provide commuter rail passenger transportation that the

18 Consolidated Rail Corporation was obligated to provide on August 13,

19 1981, under section 303(b)(2) or 304(e) of the Regional Rail Reorga20 nization Act of 1973 (45 U.S.C. 743(b)(2), 744(e)); and

21 (2) may provide other commuter rail passenger transportation if the

22 commuter authority for which the transportation will be provided offers

23 to provide a commuter rail passenger transportation payment equal to

24 the—

25 (A) avoidable costs of providing the transportation (including

26 the avoidable cost of necessary capital improvements) and a rea27 sonable return on the value; less

28 (B) revenue attributable to the transportation.

29 (b) OFFER REQUIREMENTS.—(1) A commuter authority making an offer

30 under subsection (a)(2) of this section shall—

31 (A) show that it has obtained access to all rail property necessary

32 to provide the additional commuter rail passenger transportation; and

33 (B) make the offer according to regulations the Rail Services Plan34 ning Office prescribes under section 10362(b)(5)(A) and (6) of this

35 title.

36 (2) The Office may revise and update the regulations when necessary to

37 carry out this section.

38 (c) ADDITIONAL EMPLOYEE REQUIREMENTS.—Additional employee re39 quirements shall be met through existing seniority arrangements agreed to

40 in the implementing agreement negotiated under section 508 of the Rail

41 Passenger Service Act.
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1 (d) WHEN OBLIGATION DOES NOT APPLY.—Amtrak Commuter is not

2 obligated to provide commuter rail passenger transportation if a commuter

3 authority provides the transportation or makes a contract under which a

4 person, except Amtrak Commuter, will provide the transportation. When ap5 propriate, Amtrak Commuter shall give the authority or person access to

6 the rail property needed to provide the transportation.

7 (e) DISCONTINUANCE OF COMMUTER RAIL PASSENGER TRANSPOR8 TATION.—(1) Amtrak Commuter may discontinue commuter rail passenger

9 transportation provided under this section on 60 days’ notice if—

10 (A) a commuter authority does not offer a commuter rail passenger

11 transportation payment under subsection (a)(2) of this section; or

12 (B) a payment is not paid when due.

13 (2) The Office shall prescribe regulations on the necessary contents of the

14 notice required under this subsection.

15 (f) COMPENSATION FOR RIGHT-OF-WAY RELATED COSTS.—Compensa16 tion by a commuter authority to Amtrak or Amtrak Commuter for right17 of-way related costs for transportation over property Amtrak owns shall be

18 determined under a method the Interstate Commerce Commission estab19 lishes under section 1163 of the Omnibus Budget Reconciliation Act of

20 1981 (45 U.S.C. 1111) or to which the parties agree.

21 (g) APPLICATION OF OTHER LAWS.—All laws related to commuter rail

22 passenger transportation apply to a commuter authority providing com23 muter rail passenger transportation under this section.

24 § 24506. Certain duties and powers unaffected

25 This chapter does not affect a duty or power of the Consolidated Rail

26 Corporation or its successor and any bi-state commuter authority under an

27 agreement, lease, or contract under which property was conveyed to the Cor28 poration under the Regional Rail Reorganization Act of 1973 (45 U.S.C.

29 701 et seq.).

30 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.

31 § 24701. Operation of basic system

32 (a) BY AMTRAK.—Amtrak shall provide intercity rail passenger transpor33 tation within the basic system unless the transportation is provided by—

34 (1) a rail carrier with which Amtrak did not make a contract under

35 section 401(a) of the Rail Passenger Service Act; or
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1 (2) a regional transportation authority under contract with Amtrak.

2 (b) BY OTHERS WITH CONSENT OF AMTRAK.—Except as provided in

3 section 24306 of this title, a person may provide intercity rail passenger

4 transportation over a route over which Amtrak provides scheduled intercity

5 rail passenger transportation under a contract under section 401(a) of the

6 Act only with the consent of Amtrak.

7 § 24702. Improving rail passenger transportation

8 (a) PLAN TO IMPROVE TRANSPORTATION.—Amtrak shall continue to

9 carry out its plan, submitted under section 305(f) of the Rail Passenger

10 Service Act, to improve intercity rail passenger transportation provided in

11 the basic system. The plan shall include—

12 (1) a zero-based assessment of all operating practices;

13 (2) changes to achieve the minimum use of employees consistent with

14 safe operations and adequate transportation;

15 (3) a systematic program for achieving the greatest ratio of train

16 size to passenger demand;

17 (4) a systematic program to reduce trip time in the basic system;

18 (5) establishing training programs to achieve on-time departures;

19 (6) establishing priorities for passenger trains over freight trains;

20 (7) adjusting the buying and pricing of food and beverages so that

21 food and beverage services ultimately will be profitable;

22 (8) cooperative marketing opportunities between Amtrak and govern23 mental authorities that have intercity rail passenger transportation;

24 and

25 (9) cooperative marketing campaigns sponsored by Amtrak and the

26 Secretary of Energy, the Administrator of the Federal Highway Ad27 ministration, and the Administrator of the Environmental Protection

28 Agency.

29 (b) STATE AND LOCAL SPEED RESTRICTIONS.—Amtrak shall—

30 (1) identify any speed restriction a State or local government im31 poses on a train of Amtrak that Amtrak decides impedes Amtrak from

32 achieving high-speed intercity rail passenger transportation; and

33 (2) consult with that State or local government—

34 (A) to evaluate alternatives to the speed restriction, considering

35 the local safety hazard that is the basis for the restriction; and

36 (B) to consider modifying or eliminating the restriction to allow

37 safe operation at higher speeds.

38 (c) HIGH-SPEED RAIL TRANSPORTATION DEVELOPMENT.—On reason39 able request by a State, political subdivision of a State, regional partner40 ship, private sector representative, or other qualified person, Amtrak shall

41 consult and cooperate to the extent feasible with that person to assist the
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1 efforts of that person to achieve high-speed rail transportation through

2 equipment upgrades, grade-crossing safety improvements, and incremental

3 infrastructure improvements on existing rail facilities that Amtrak uses (ex4 cept the Northeast Corridor facilities). Not later than September 30, 1993,

5 Amtrak shall submit to the Committee on Energy and Commerce of the

6 House of Representatives and the Committee on Commerce, Science, and

7 Transportation of the Senate a report on its efforts under this subsection.

8 (d) ROUTES CONNECTING CORRIDORS.—Amtrak shall begin or improve

9 appropriate rail passenger transportation on a route between corridors that

10 Amtrak decides is justified because it will increase ridership on trains of

11 Amtrak on the route and in the connecting corridors.

12 § 24703. Route and service criteria

13 (a) ROUTE DISCONTINUANCES AND ADDITIONS.—Except as provided in

14 this part, route discontinuances and route additions shall comply with the

15 route and service criteria.

16 (b) CONGRESSIONAL REVIEW OF CRITERIA AMENDMENTS.—(1) Amtrak

17 shall submit to Congress a draft of an amendment to the route and service

18 criteria when Amtrak decides an amendment is appropriate. The amend19 ment is effective at the end of the first period of 120 calendar days of con20 tinuous session of Congress after it is submitted unless there is enacted into

21 law during the period a joint resolution stating Congress does not approve

22 the amendment.

23 (2) In this subsection—

24 (A) a continuous session of Congress is broken only by an adjourn25 ment sine die; and

26 (B) the 120-day period does not include days on which either House

27 is not in session because of adjournment of more than 3 days to a day

28 certain.

29 (c) NONAPPLICATION.—The route and service criteria do not apply to—

30 (1) increasing or, because of construction schedules or other tem31 porary disruptive facts or seasonal fluctuations in ridership, decreasing

32 the number of trains on an existing route or a part of an existing route

33 or on a route on which additional trains are being tested;

34 (2) carrying out the recommendations developed under section 4 of

35 the Amtrak Improvement Act of 1978;

36 (3) rerouting transportation between major population centers on an

37 existing route; or

38 (4)(A) modifying transportation operations under section 24707(a)

39 of this title; and

40 (B) modifying the route system or discontinuing transportation

41 under section 24707(b) of this title.
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1 § 24704. Transportation requested by States, authorities,

2 and other persons

3 (a) APPLICATIONS TO BEGIN OR KEEP TRANSPORTATION.—(1) A State,

4 a regional or local authority, or another person may apply to Amtrak and

5 request Amtrak to provide rail passenger transportation or keep any part

6 of a train, route, or service that Amtrak intends to discontinue under sec7 tion 24706(a) or (b) or 24707(a) or (b) of this title. An application shall—

8 (A) assure Amtrak that the State, authority, or person has sufficient

9 resources to meet its share of the cost of the transportation for the

10 time the transportation will be provided;

11 (B) contain a market analysis acceptable to Amtrak to ensure that

12 there is adequate demand for the transportation; and

13 (C) commit the State, authority, or person to provide at least 45 per14 cent of the short term avoidable loss of providing the transportation

15 the first year the transportation is provided and at least 65 percent of

16 the short term avoidable loss each of the following years, and, except

17 as provided in section 24104(a) of this title, at least 50 percent of as18 sociated capital costs each year the transportation is provided.

19 (2) An application submitted by more than one State shall be considered

20 in the same way as an application submitted by one State, without it being

21 necessary for each State to comply with paragraph (1) of this subsection.

22 (b) ACTIONS ON APPLICATIONS.—(1) Amtrak shall review each applica23 tion submitted under subsection (a) of this section to decide whether—

24 (A) the application complies with subsection (a); and

25 (B) there is a reasonable probability that Amtrak can provide the

26 transportation from available resources.

27 (2) Amtrak may make an agreement with an applicant under this section

28 to begin or keep the transportation if Amtrak decides that the transpor29 tation can be provided with resources available to Amtrak. An agreement

30 may be renewed for additional periods of not more than 2 years each.

31 (c) SELECTING AMONG COMPETING APPLICATIONS.—If more than one

32 application is made for transportation consistent with the requirements of

33 subsection (a) of this section, but all the transportation applied for cannot

34 be provided with the available resources of Amtrak, the board of directors

35 of Amtrak shall select the transportation that best serves the public interest

36 and can be provided with the available resources of Amtrak.

37 (d) FARE INCREASES.—(1) Before increasing a fare applicable to trans38 portation provided under subsection (b)(2) of this section by more than 5

39 percent during a 6-month period, Amtrak shall consult with officials of each

40 State affected by the increase and explain why the increase is necessary.
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1 (2) Except as provided in paragraph (3) of this subsection, a fare in2 crease described in paragraph (1) of this subsection takes effect 90 days

3 after Amtrak first consults with the affected States. However, not later than

4 30 days after the first consultation, a State may submit proposals to Am5 trak for reducing costs and increasing revenues of the transportation. Am6 trak shall consider the proposals in deciding how much of the proposed in7 crease shall go into effect.

8 (3)(A) Amtrak may increase a fare without regard to the restrictions of

9 this subsection during—

10 (i) the first month of a fiscal year if the authorization of appropria11 tions and the appropriations for Amtrak are not enacted at least 90

12 days before the beginning of the fiscal year; or

13 (ii) the 30 days following enactment of an appropriation for Amtrak

14 or a rescission of an appropriation.

15 (B) Amtrak shall notify each affected State of an increase under subpara16 graph (A) of this paragraph as soon as possible after Amtrak decides to

17 increase a fare.

18 (e) DETERMINING LOSS, COSTS, AND REVENUES.—After consulting with

19 officials of each State contributing to providing transportation under sub20 section (b)(2) of this section, the board shall establish the basis for deter21 mining short term avoidable loss and associated capital costs of, and reve22 nues from, the transportation. Amtrak shall give State officials the basis for

23 determining the loss, cost, and revenue for each route on which transpor24 tation is provided under subsection (b)(2).

25 (f) AVAILABILITY OF AMOUNTS.—Amounts provided by Amtrak under an

26 agreement with an applicant under subsection (b)(2) of this section that are

27 allocated for associated capital costs remain available until expended.

28 (g) ADVERTISING AND PROMOTION.—At least 2 percent but not more

29 than 5 percent of the revenue generated by transportation provided under

30 subsection (b)(2) of this section shall be used for advertising and promotion

31 at the local level.

32 § 24705. Additional qualifying routes

33 (a) ROUTES RECOMMENDED FOR DISCONTINUANCE.—(1) To maintain a

34 national intercity rail passenger system in the United States and if a reduc35 tion in operating expenses can be achieved, Amtrak shall provide rail pas36 senger transportation over each route the Secretary of Transportation rec37 ommended be discontinued under section 4 of the Amtrak Improvement Act

38 of 1978 and may restructure a route to serve a major population center as

39 an ending place or principal intermediate place. Transportation over a long

40 distance route shall be maintained if the Amtrak estimate for the fiscal year

41 ending September 30, 1980, was that the short term avoidable loss for each
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1 passenger mile on the route was not more than 7 cents. Transportation over

2 a short distance route shall be maintained if the Amtrak estimate for the

3 fiscal year ending September 30, 1980, was that the short term avoidable

4 loss for each passenger mile on the route was not more than 9 cents.

5 (2) For all routes, Amtrak shall calculate short term avoidable loss for

6 each passenger-mile based on consistently defined factors. Calculations shall

7 be based on the most recent available statistics for a 90-day period, except

8 that Amtrak may use historical information adjusted to reflect the most re9 cent available statistics.

10 (b) DEFERRAL OF SECRETARY’S RECOMMENDATIONS.—(1) To provide

11 equivalent or improved transportation consistent with the goals of section

12 4(a) of the Act, Amtrak may defer carrying out a recommendation of the

13 Secretary under section 4 of the Act that requires providing transportation

14 over a rail line not used in intercity rail passenger transportation on May

15 24, 1979, requires using a new facility, or requires making a new labor

16 agreement, until any necessary capital improvements are made in the line

17 or facility or the agreement is made.

18 (2) Notwithstanding another law and the route and service criteria, dur19 ing the period a decision of the Secretary under section 4 of the Act is de20 ferred, Amtrak shall provide substitute transportation over existing routes

21 recommended for restructuring and over other existing feasible routes. Ex22 cept for transportation concentrating on commuter ridership over a short

23 haul route, transportation provided under this paragraph may be provided

24 only if the route complies with subsection (a) of this section, adjusted to

25 reflect constant 1979 dollars.

26 (c) SHORT HAUL DEMONSTRATION ROUTES.—Notwithstanding this part,

27 Amtrak may provide short haul trains on additional routes totaling not

28 more than 200 miles that link at least 2 major metropolitan areas—

29 (1) on a demonstration basis to establish the feasibility and benefits

30 of the transportation; and

31 (2) to the extent available resources allow.

32 (d) ROUTES DISCONTINUED BY RAIL CARRIERS.—Amtrak may undertake

33 to provide rail passenger transportation between places served by a rail car34 rier filing a notice of discontinuance under section 10908 or 10909 of this

35 title.

36 § 24706. Discontinuance

37 (a) NOTICE OF DISCONTINUANCE.—(1) Except as provided in subsection

38 (b) of this section, at least 90 days before a discontinuance under section

39 24704 or 24707(a) or (b) of this title, Amtrak shall give notice of the dis40 continuance in the way Amtrak decides will give a State, a regional or local
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1 authority, or another person the opportunity to agree to share the cost of

2 any part of the train, route, or service to be discontinued.

3 (2) Notice of the discontinuance under section 24704 or 24707(a) or (b)

4 of this title shall be posted in all stations served by the train to be discon5 tinued at least 14 days before the discontinuance.

6 (b) DISCONTINUANCE FOR LACK OF APPROPRIATIONS.—(1) Amtrak may

7 discontinue service under section 24704 or 24707(a) or (b) of this title dur8 ing—

9 (A) the first month of a fiscal year if the authorization of appropria10 tions and the appropriations for Amtrak are not enacted at least 90

11 days before the beginning of the fiscal year; and

12 (B) the 30 days following enactment of an appropriation for Amtrak

13 or a rescission of an appropriation.

14 (2) Amtrak shall notify each affected State or regional or local transpor15 tation authority of a discontinuance under this subsection as soon as pos16 sible after Amtrak decides to discontinue the service.

17 (c) EMPLOYEE PROTECTIVE ARRANGEMENTS.—(1) Amtrak or a rail car18 rier (including a terminal company) shall provide fair and equitable arrange19 ments to protect the interests of employees of Amtrak or a rail carrier, as

20 the case may be, affected by a discontinuance of intercity rail passenger

21 service, including a discontinuance of service provided by a rail carrier

22 under a facility or service agreement under section 24308(a) of this title

23 under a modification or ending of the agreement or because Amtrak begins

24 providing that service. Arrangements shall include provisions that may be

25 necessary for—

26 (A) the preservation of rights, privileges, and benefits (including con27 tinuation of pension rights and benefits) under existing collective bar28 gaining agreements or otherwise;

29 (B) the continuation of collective bargaining rights;

30 (C) the protection of individual employees against a worsening of

31 their positions related to employment;

32 (D) assurances of priority of reemployment of employees whose em33 ployment is ended or who are laid off; and

34 (E) paid training and retraining programs.

35 (2) With respect to Amtrak’s obligations under this subsection and in an

36 agreement to carry out this subsection involving only Amtrak and its em37 ployees, a discontinuance of intercity rail passenger service does not include

38 an adjustment in frequency, or seasonal suspension of intercity rail pas39 senger trains that causes a temporary suspension of service, unless the ad40 justment or suspension reduces passenger train operations on a particular
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1 route to fewer than 3 round trips a week at any time during a calendar

2 year.

3 (3) Arrangements under this subsection shall provide benefits at least

4 equal to benefits established under section 11347 of this title.

5 (4) A contract under this chapter or section 24308(a) of this title shall

6 specify the terms of protective arrangements.

7 (5) This subsection does not impose on Amtrak an obligation of a rail

8 carrier related to a right, privilege, or benefit earned by an employee be9 cause of previous service performed for the carrier.

10 (6) This subsection does not apply to Amtrak Commuter.

11 § 24707. Cost and performance review

12 (a) ROUTE REVIEWS.—Amtrak shall review annually each route in the

13 basic system to decide if the route meets the long distance or short distance

14 route criterion, as appropriate, under section 24705(a)(1) of this title, ad15 justed to reflect constant 1979 dollars. The review shall include an evalua16 tion of the potential market demand for, and the cost of providing transpor17 tation on, a part of the route and an alternative route. Amtrak shall submit

18 the results of the review to the House of Representatives, the Senate, and

19 the Secretary of Transportation. If Amtrak decides that a route will not

20 meet the criterion under section 24705(a)(1), as adjusted, Amtrak shall

21 modify or discontinue rail passenger transportation operations on the route

22 so that it will meet the criterion.

23 (b) FINANCIAL REQUIREMENTS AND PERFORMANCE STANDARDS.—Not

24 later than 30 days after the beginning of each fiscal year, Amtrak shall

25 evaluate the financial requirements for operating the basic system and the

26 progress in achieving the system-wide performance standards prescribed

27 under this part during the fiscal year. If Amtrak decides amounts available

28 for the fiscal year are not enough to meet estimated operating costs, or if

29 Amtrak estimates it cannot meet the performance standards, Amtrak shall

30 act to reduce costs and improve performance. Action under this subsection

31 shall be designed to continue the maximum level of transportation prac32 ticable, including—

33 (1) changing the frequency of transportation;

34 (2) increasing fares;

35 (3) reducing the cost of sleeper car and dining car service on certain

36 routes;

37 (4) increasing the passenger capacity of cars used on certain routes;

38 and

39 (5) modifying the route system or discontinuing transportation over

40 routes, considering short term avoidable loss and the number of pas41 sengers served on those routes.
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1 (c) COST LIMITATIONS AND REVENUE GOALS.—Annual costs of Amtrak

2 may not be more than amounts, including grants made under section 24104

3 of this title, contributions of States, regional and local authorities, and other

4 persons, and revenues, available to Amtrak in the fiscal year. Amtrak annu5 ally shall set a goal of recovering an amount so that its revenues, including

6 contributions, is at least 61 percent of its costs, except capital costs.

7 (d) CONDUCTOR REPORTS.—To assess the operational performance of

8 trains, the President of Amtrak may direct the conductor on any train of

9 Amtrak to report to Amtrak any inadequacy of train operation. The report

10 shall be signed by the conductor, contain sufficient information to locate

11 equipment or personnel failures, and be submitted promptly to Amtrak.

12 § 24708. Special commuter transportation

13 (a) TRANSPORTATION TO BE CONTINUED IF CRITERION MET.—Amtrak

14 shall continue to provide rail passenger transportation provided under sec15 tion 403(d) of the Rail Passenger Service Act before October 1, 1981, if,

16 after considering estimated fare increases and State and local contributions

17 to the transportation, the transportation meets the short distance route cri18 terion under section 24705(a)(1) of this title, as adjusted. Transportation

19 continued under this section shall be financed consistent with the method

20 of financing in effect on September 30, 1981. If the transportation is not

21 estimated to meet the criterion, as adjusted, Amtrak may modify or dis22 continue the transportation so that the criterion is met.

23 (b) TRANSPORTATION WITH SHORT-TERM AVOIDABLE LOSS.—Notwith24 standing subsection (a) of this section, if after September 30, 1993, and be25 fore October 1, 1995, transportation provided under subsection (a) on a

26 route during the prior 6 months has a short-term avoidable loss (excluding

27 the cost of providing passenger equipment needed to provide the transpor28 tation), Amtrak may choose to consider modifying or discontinuing the

29 transportation. If Amtrak does make such a choice, Amtrak shall solicit

30 public comment for at least 30 days on alternatives to the modification or

31 discontinuance. Not later than 60 days after the comment period ends, Am32 trak may modify or discontinue the transportation so that there is no short33 term avoidable loss under this section for providing the transportation on

34 the route.

35 § 24709. International transportation

36 Amtrak may develop and operate international intercity rail passenger

37 transportation between the United States and Canada and between the

38 United States and Mexico. The Secretary of the Treasury and the Attorney

39 General, in cooperation with Amtrak, shall maintain, consistent with the ef40 fective enforcement of the immigration and customs laws, en route customs
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1 inspection and immigration procedures for international intercity rail pas2 senger transportation that will—

3 (1) be convenient for passengers; and

4 (2) result in the quickest possible international intercity rail pas5 senger transportation.

6 CHAPTER 249—NORTHEAST CORRIDOR IMPROVEMENT

7 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.

8 § 24901. Definitions

9 In this chapter—

10 (1) ‘‘final system plan’’ means the final system plan (including addi11 tions) adopted by the United States Railway Association under the Re12 gional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.).

13 (2) ‘‘rail carrier’’ means an express carrier and a rail carrier as de14 fined in section 10102 of this title, including Amtrak.

15 § 24902. Goals and requirements

16 (a) NORTHEAST CORRIDOR IMPROVEMENT PLAN.—To the extent of

17 amounts appropriated under section 24909 of this title, Amtrak shall carry

18 out a Northeast Corridor improvement program to achieve the following

19 goals:

20 (1) establish not later than September 30, 1985, regularly scheduled

21 and dependable intercity rail passenger transportation between—

22 (A) Boston, Massachusetts, and New York, New York, in not

23 more than 3 hours and 40 minutes, including intermediate stops;

24 and

25 (B) New York, New York, and the District of Columbia, in not

26 more than 2 hours and 40 minutes, including intermediate stops;

27 (2) improve facilities, under route criteria approved by Congress, on

28 routes to Harrisburg, Pennsylvania, Albany, New York, and Atlantic

29 City, New Jersey, from the Northeast Corridor main line, and to Bos30 ton, Massachusetts, and New Haven, Connecticut, from Springfield,

31 Massachusetts, to make those facilities more compatible with improved

32 high-speed transportation provided on the Northeast Corridor main

33 line;

34 (3) improve nonoperational parts of stations, related facilities, and

35 fencing used in intercity rail passenger transportation;
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1 (4) facilitate improvements in, and usage of, commuter rail pas2 senger, rail rapid transit, and local public transportation, to the extent

3 compatible with clauses (1)–(3) of this subsection and subsections (f)

4 and (h) of this section;

5 (5) maintain and improve rail freight transportation in or adjacent

6 to the Northeast Corridor and through-freight transportation in the

7 Northeast Corridor, to the extent compatible with clauses (1)–(4) of

8 this subsection and subsections (f) and (h) of this section;

9 (6) continue and improve passenger radio mobile telephone service on

10 high-speed rail passenger transportation between Boston, Massachu11 setts, and the District of Columbia, to the extent compatible with

12 clauses (1)–(3) of this subsection and subsections (f) and (h) of this

13 section; and

14 (7) eliminate to the maximum extent practicable congestion in rail

15 freight and rail passenger transportation at the Baltimore and Potomac

16 Tunnel in Baltimore, Maryland, by rehabilitating and improving the

17 tunnel and the rail lines approaching the tunnel.

18 (b) MANAGING COSTS AND REVENUES.—Amtrak shall manage its operat19 ing costs, pricing policies, and other factors with the goal of having revenues

20 derived each fiscal year from providing intercity rail passenger transpor21 tation over the Northeast Corridor route between the District of Columbia

22 and Boston, Massachusetts, equal at least the operating costs of providing

23 that transportation in that fiscal year.

24 (c) COST SHARING FOR NONOPERATIONAL FACILITIES.—(1) Fifty per25 cent of the cost of improvements under subsection (a)(3) of this section

26 shall be paid by a State, local or regional transportation authority or other

27 responsible party. However, Amtrak may finance entirely a safety-related

28 improvement.

29 (2) When a part of the cost of improvements under subsection (a)(3) of

30 this section will be paid by a responsible party under paragraph (1) of this

31 subsection, Amtrak may make an agreement with the party under which

32 Amtrak—

33 (A) shall carry out the improvements with amounts appropriated

34 under section 24909 of this title and the party shall reimburse Amtrak;

35 and

36 (B) to the extent provided in an appropriation law, may incur obliga37 tions for contracts to carry out the improvements in anticipation of re38 imbursement.

39 (3) Amounts reimbursed to Amtrak under paragraph (2) of this sub40 section shall be credited to the appropriation originally charged for the cost

41 of the improvements and are available for further obligation.
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1 (d) PASSENGER RADIO MOBILE TELEPHONE SERVICE.—The President

2 and departments, agencies, and instrumentalities of the United States Gov3 ernment shall assist Amtrak under subsection (a)(6) of this section, subject

4 to the Communications Act of 1934 (47 U.S.C. 151 et seq.) and radio serv5 ices standards, when the Federal Communications Commission decides the

6 assistance is in the public interest, convenience, and necessity.

7 (e) PRIORITIES IN SELECTING AND SCHEDULING PROJECTS.—When se8 lecting and scheduling specific projects, Amtrak shall apply the following

9 considerations, in the following order of priority:

10 (1) Safety-related items should be completed before other items be11 cause the safety of the passengers and users of the Northeast Corridor

12 is paramount.

13 (2) Activities that benefit the greatest number of passengers should

14 be completed before activities involving fewer passengers.

15 (3) Reliability of intercity rail passenger transportation must be em16 phasized.

17 (4) Trip-time requirements of this section must be achieved to the

18 extent compatible with the priorities referred to in paragraphs (1)–(3)

19 of this subsection.

20 (5) Improvements that will pay for the investment by achieving lower

21 operating or maintenance costs should be carried out before other im22 provements.

23 (6) Construction operations should be scheduled so that the fewest

24 possible passengers are inconvenienced, transportation is maintained,

25 and the on-time performance of Northeast Corridor commuter rail pas26 senger and rail freight transportation is optimized.

27 (7) Planning should focus on completing activities that will provide

28 immediate benefits to users of the Northeast Corridor.

29 (f) COMPATIBILITY WITH FUTURE IMPROVEMENTS AND PRODUCTION OF

30 MAXIMUM LABOR BENEFITS.—Improvements under this section shall be

31 compatible with future improvements in transportation and shall produce

32 the maximum labor benefit from hiring individuals presently unemployed.

33 (g) AUTOMATIC TRAIN CONTROL SYSTEMS.—A train operating on the

34 Northeast Corridor main line or between the main line and Atlantic City

35 shall be equipped with an automatic train control system designed to slow

36 or stop the train in response to an external signal.

37 (h) HIGH-SPEED TRANSPORTATION.—If practicable, Amtrak shall estab38 lish intercity rail passenger transportation in the Northeast Corridor that

39 carries out section 703(1)(E) of the Railroad Revitalization and Regulatory

40 Reform Act of 1976 (Public Law 94–210, 90 Stat. 121).
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1 (i) EQUIPMENT DEVELOPMENT.—Amtrak shall develop economical and

2 reliable equipment compatible with track, operating, and marketing charac3 teristics of the Northeast Corridor, including the capability to meet reliable

4 trip times under section 703(1)(E) of the Railroad Revitalization and Regu5 latory Reform Act of 1976 (Public Law 94–210, 90 Stat. 121) in regularly

6 scheduled revenue transportation in the Corridor, when the Northeast Cor7 ridor improvement program is completed. Amtrak must decide that equip8 ment complies with this subsection before buying equipment with financial

9 assistance of the Government. Amtrak shall submit a request for an author10 ization of appropriations for production of the equipment.

11 (j) AGREEMENTS FOR OFF-CORRIDOR ROUTING OF RAIL FREIGHT

12 TRANSPORTATION.—(1) Amtrak may make an agreement with a rail freight

13 carrier or a regional transportation authority under which the carrier will

14 carry out an alternate off-corridor routing of rail freight transportation over

15 rail lines in the Northeast Corridor between the District of Columbia and

16 New York metropolitan areas, including intermediate points. The agreement

17 shall be for at least 5 years.

18 (2) Amtrak shall apply to the Interstate Commerce Commission for ap19 proval of the agreement and all related agreements accompanying the appli20 cation as soon as the agreement is made. If the Commission finds that ap21 proval is necessary to carry out this chapter, the Commission shall approve

22 the application and related agreements not later than 90 days after receiv23 ing the application.

24 (3) If an agreement is not made under paragraph (1) of this subsection,

25 Amtrak, with the consent of the other parties, may apply to the Interstate

26 Commerce Commission. Not later than 90 days after the application, the

27 Commission shall decide on the terms of an agreement if it decides that

28 doing so is necessary to carry out this chapter. The decision of the Commis29 sion is binding on the other parties.

30 (k) COORDINATION.—(1) The Secretary of Transportation shall coordi31 nate—

32 (A) transportation programs related to the Northeast Corridor to en33 sure that the programs are integrated and consistent with the North34 east Corridor improvement program; and

35 (B) amounts from departments, agencies, and instrumentalities of

36 the Government to achieve urban redevelopment and revitalization in

37 the vicinity of urban rail stations in the Northeast Corridor served by

38 intercity and commuter rail passenger transportation.

39 (2) If the Secretary finds significant noncompliance with this section, the

40 Secretary may deny financing to a noncomplying program until the non41 compliance is corrected.
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1 (l) COMPLETION.—Amtrak shall give the highest priority to completing

2 the program.

3 § 24903. Program master plan for Boston-New York main

4 line

5 (a) CONTENTS.—Not later than October 27, 1993, in consultation with

6 Amtrak and the commuter and freight rail carriers operating over the

7 Northeast Corridor main line between Boston, Massachusetts, and New

8 York, New York, the Secretary of Transportation shall submit to the Com9 mittee on Energy and Commerce of the House of Representatives and the

10 Committee on Commerce, Science, and Transportation of the Senate a pro11 gram master plan for a coordinated program of improvements to that main

12 line that will allow the establishment of regularly scheduled, safe, and de13 pendable rail passenger transportation between Boston, Massachusetts, and

14 New York, New York, in not more than 3 hours, including intermediate

15 stops. The plan shall include—

16 (1) a description of the implications of the improvements for the re17 gional transportation system, including the probable effects on general

18 travel trends and on travel volumes in other transportation modes and

19 the implications for State and local governments in achieving compli20 ance with the Clean Air Act (42 U.S.C. 7401 et seq.);

21 (2) an identification of the coordinated program of improvements

22 and the specific projects of that program, including the estimated costs,

23 schedules, timing, and relationship of those projects with other

24 projects;

25 (3) an identification of the financial responsibility for the specific

26 projects of that program and the sources of the amounts for the

27 projects;

28 (4) an operating plan for the construction period of the improve29 ments that shows a coordinated approach to scheduling intercity and

30 commuter trains;

31 (5) an operating plan for the coordinated scheduling of intercity and

32 commuter trains for the period after the program is completed, includ33 ing priority scheduling, dispatching, and occupancy of tracks for appro34 priately frequent, regularly scheduled intercity rail passenger transpor35 tation between Boston, Massachusetts, and New York, New York, in

36 not more than 3 hours, including intermediate stops;

37 (6) a comprehensive plan to control future congestion in the North38 east Corridor attributable to increases in intercity and commuter rail

39 passenger transportation;

40 (7) an assessment of long-term operational safety needs and a list

41 of specific projects designed to maximize operational safety; and
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1 (8) comments that Amtrak submits to the Secretary on the plan.

2 (b) SUBMITTING MODIFICATIONS OF PLAN TO CONGRESS.—The Sec3 retary shall submit to Congress any modification made to the program mas4 ter plan and comments that Amtrak submits on the modification.

5 § 24904. General authority

6 (a) GENERAL.—To carry out this chapter and the Regional Rail Reorga7 nization Act of 1973 (45 U.S.C. 701 et seq.), Amtrak may—

8 (1) acquire, maintain, and dispose of any interest in property used

9 to provide improved high-speed rail transportation under section 24902

10 of this title;

11 (2) acquire any interest in real property that Amtrak considers nec12 essary to carry out the goals of section 24902;

13 (3) provide for rail freight, intercity rail passenger, and commuter

14 rail passenger transportation over property acquired under this section;

15 (4) improve rail rights of way between Boston, Massachusetts, and

16 the District of Columbia (including the route through Springfield, Mas17 sachusetts, and routes to Harrisburg, Pennsylvania, and Albany, New

18 York, from the Northeast Corridor main line) to achieve the goals of

19 section 24902 of providing improved high-speed rail passenger trans20 portation between Boston, Massachusetts, and the District of Colum21 bia, and intermediate intercity markets;

22 (5) acquire, build, improve, and install passenger stations, commu23 nications and electric power facilities and equipment, public and private

24 highway and pedestrian crossings, and other facilities and equipment

25 necessary to provide improved high-speed rail passenger transportation

26 over rights of way improved under clause (4) of this subsection;

27 (6) make agreements with other carriers and commuter authorities

28 to grant, acquire, or make arrangements for rail freight or commuter

29 rail passenger transportation over, rights of way and facilities acquired

30 under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701

31 et seq.) and the Railroad Revitalization and Regulatory Reform Act of

32 1976 (45 U.S.C. 801 et seq.);

33 (7) appoint a general manager of the Northeast Corridor improve34 ment program; and

35 (8) make agreements with telecommunications common carriers, sub36 ject to the Communications Act of 1934 (47 U.S.C. 151 et seq.), to

37 continue existing, and establish new and improved, passenger radio mo38 bile telephone service in the high-speed rail passenger transportation

39 area specified in section 24902(a)(1) and (2).
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1 (b) COMPENSATORY AGREEMENTS.—Rail freight and commuter rail pas2 senger transportation provided under subsection (a)(3) of this section shall

3 be provided under compensatory agreements with the responsible carriers.

4 (c) COMPENSATION FOR TRANSPORTATION OVER CERTAIN RIGHTS OF

5 WAY AND FACILITIES.—(1) An agreement under subsection (a)(6) of this

6 section shall provide for reasonable reimbursement of costs but may not

7 cross-subsidize intercity rail passenger, commuter rail passenger, and rail

8 freight transportation.

9 (2) If the parties do not agree, the Interstate Commerce Commission

10 shall order that the transportation continue over facilities acquired under

11 the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.) and

12 the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.

13 801 et seq.) and shall determine compensation (without allowing cross-sub14 sidization between intercity rail passenger and rail freight transportation)

15 for the transportation not later than 120 days after the dispute is submit16 ted. The Commission shall assign to a rail freight carrier obtaining trans17 portation under this subsection the costs Amtrak incurs only for the benefit

18 of the carrier, plus a proportionate share of all other costs of providing

19 transportation under this paragraph incurred for the common benefit of

20 Amtrak and the carrier. The proportionate share shall be based on relative

21 measures of volume of car operations, tonnage, or other factors that reason22 ably reflect the relative use of rail property covered by this subsection.

23 (3) This subsection does not prevent the parties from making an agree24 ment under subsection (a)(6) of this section after the Commission makes

25 a decision under this subsection.

26 § 24905. Coordination board and safety committee

27 (a) NORTHEAST CORRIDOR COORDINATION BOARD.—(1) The Northeast

28 Corridor Coordination Board is composed of the following members:

29 (A) one individual from each commuter authority (as defined in sec30 tion 1135(a) of the Omnibus Budget Reconciliation Act of 1981 (45

31 U.S.C. 1104)) that provides or makes a contract to provide commuter

32 rail passenger transportation over the main line of the Northeast Cor33 ridor.

34 (B) 2 individuals selected by Amtrak.

35 (C) one individual selected by the Consolidated Rail Corporation.

36 (2) The Board shall recommend to Amtrak—

37 (A) policies that ensure equitable access to the Northeast Corridor,

38 considering the need for equitable access by commuter and intercity

39 rail passenger transportation and the requirements of section 24308(c)

40 of this title; and

41 (B) equitable policies for the Northeast Corridor related to—
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1 (i) dispatching;

2 (ii) public information;

3 (iii) maintaining equipment and facilities;

4 (iv) major capital facility investments; and

5 (v) harmonizing equipment acquisitions, rates, and schedules.

6 (3) The Board may recommend to the board of directors and President

7 of Amtrak action necessary to resolve differences on providing transpor8 tation, except for facilities and transportation matters under section

9 24308(a) or 24904(a)(5) and (c) of this title.

10 (b) NORTHEAST CORRIDOR SAFETY COMMITTEE.—(1) The Northeast

11 Corridor Safety Committee is composed of members appointed by the Sec12 retary of Transportation. The members shall be representatives of—

13 (A) the Secretary;

14 (B) Amtrak;

15 (C) freight carriers operating more than 150,000 train miles a year

16 on the main line of the Northeast Corridor;

17 (D) commuter agencies;

18 (E) rail passengers;

19 (F) rail labor; and

20 (G) other individuals and organizations the Secretary decides have

21 a significant interest in rail safety.

22 (2) The Secretary shall consult with the Committee about safety improve23 ments on the Northeast Corridor main line. The Committee shall meet at

24 least once every 2 years to consider safety matters on the main line.

25 (3) At the beginning of the first session of each Congress, the Secretary

26 shall submit a report to Congress on the status of efforts to improve safety

27 on the Northeast Corridor main line. The report shall include the safety rec28 ommendations of the Committee and the comments of the Secretary on

29 those recommendations.

30 (4) The Committee shall cease to exist on January 1, 1999, or on another

31 date the Secretary decides is appropriate. The Secretary shall notify Con32 gress in writing of a decision to terminate the Committee on another date.

33 § 24906. Eliminating highway at-grade crossings

34 (a) PLAN.—In consultation with the States on the main line of the North35 east Corridor, the Secretary of Transportation shall develop a plan not later

36 than September 30, 1993, to eliminate all highway at-grade crossings of the

37 main line by not later than December 31, 1997. The plan may provide that

38 eliminating a crossing is not required if—

39 (1) impracticable or unnecessary; and

40 (2) using the crossing is consistent with conditions the Secretary

41 considers appropriate to ensure safety.
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1 (b) AMTRAK’S SHARE OF COSTS.—Amtrak shall pay 20 percent of the

2 cost of eliminating each highway at-grade crossing under the plan.

3 § 24907. Note and mortgage

4 (a) GENERAL AUTHORITY.—To secure amounts expended by the United

5 States Government to acquire and improve rail property designated under

6 section 206(c)(1)(C) and (D) of the Regional Rail Reorganization Act of

7 1973 (45 U.S.C. 716(c)(1)(C) and (D)), the Secretary of Transportation

8 may obtain a note of indebtedness from, and make a mortgage agreement

9 with, Amtrak to establish a mortgage lien on the property for the Govern10 ment. The note and mortgage may not supersede section 24904 of this title.

11 (b) EXEMPTIONS FROM LAWS AND REGULATIONS.—The note and agree12 ment under subsection (a) of this section, and a transaction related to the

13 note or agreement, are exempt from any United States, State, or local law

14 or regulation that regulates securities or the issuance of securities. The

15 note, agreement, or transaction under this section has the same immunities

16 from other laws that section 601 of the Act (45 U.S.C. 791) gives to trans17 actions that comply with or carry out the final system plan. The transfer

18 of rail property because of the note, agreement, or transaction has the same

19 exemptions, privileges, and immunities that the Act (45 U.S.C. 701 et seq.)

20 gives to a transfer ordered or approved by the special court under section

21 303(b) of the Act (45 U.S.C. 743(b)).

22 (c) IMMUNITY FROM LIABILITY AND INDEMNIFICATION.—Amtrak, its

23 board of directors, and its individual directors are not liable because Amtrak

24 has given or issued the note or agreement to the Government under sub25 section (a) of this section. Immunity granted under this subsection also ap26 plies to a transaction related to the note or agreement. The Government

27 shall indemnify Amtrak, its board, and individual directors against costs

28 and expenses actually and reasonably incurred in defending a civil action

29 testing the validity of the note, agreement, or transaction.

30 § 24908. Transfer taxes and levies and recording charges

31 A transfer of an interest in rail property under this chapter is exempt

32 from a tax or levy related to the transfer that is imposed by the United

33 States Government, a State, or a political subdivision of a State. On pay34 ment of the appropriate and generally applicable charge for the service per35 formed, a transferee or transferor may record an instrument and, consistent

36 with the final system plan, the release or removal of a pre-existing lien or

37 encumbrance of record related to the interest transferred.

38 § 24909. Authorization of appropriations

39 (a) GENERAL.—(1) Not more than $2,313,000,000 may be appropriated

40 to the Secretary of Transportation to achieve the goals of section
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1 24902(a)(1) of this title. From this amount, the following amounts shall be

2 expended by Amtrak:

3 (A) at least $27,000,000 for equipment modification and replace4 ment that a State or a local or regional transportation authority must

5 bear because of the electrification conversion system of the Northeast

6 Corridor under this chapter.

7 (B) $30,000,000—

8 (i) to improve the main line track between the Northeast Cor9 ridor main line and Atlantic City, New Jersey, to ensure that the

10 track, consistent with a plan New Jersey developed in consultation

11 with Amtrak to provide rail passenger transportation between the

12 Northeast Corridor main line and Atlantic City, New Jersey,

13 would be of sufficient quality to allow safe rail passenger transpor14 tation at a minimum of 79 miles an hour not later than September

15 30, 1985; and

16 (ii) to promote rail passenger use of the track.

17 (C) necessary amounts to—

18 (i) develop Union Station in the District of Columbia;

19 (ii) install 189 track-miles, and renew 133 track-miles, of con20 crete ties with continuously welded rail between the District of Co21 lumbia and New York, New York;

22 (iii) install reverse signaling between Philadelphia, Pennsylva23 nia, and Morrisville, Pennsylvania, on numbers 2 and 3 track;

24 (iv) restore ditch drainage in concrete tie locations between the

25 District of Columbia and New York, New York;

26 (v) undercut 83 track-miles between the District of Columbia

27 and New York, New York;

28 (vi) rehabilitate bridges between the District of Columbia and

29 New York, New York (including Hi line);

30 (vii) develop a maintenance of way equipment repair facility be31 tween the District of Columbia and New York, New York, and

32 build maintenance of way bases at Philadelphia, Pennsylvania,

33 Sunnyside, New York, and Cedar Hill, Connecticut;

34 (viii) stabilize the roadbed between the District of Columbia and

35 New York, New York;

36 (ix) automate the Bush River Drawbridge at milepost 72.14;

37 (x) improve the New York Service Facility to develop rolling

38 stock repair capability;

39 (xi) install a rail car washer facility at Philadelphia, Pennsylva40 nia;
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1 (xii) restore storage tracks and buildings at the Washington

2 Service Facility;

3 (xiii) install centralized traffic control from Landlith, Delaware,

4 to Philadelphia, Pennsylvania;

5 (xiv) improve track, including high speed surfacing, ballast

6 cleaning, and associated equipment repair and material distribu7 tion;

8 (xv) rehabilitate interlockings between the District of Columbia

9 and New York, New York;

10 (xvi) paint the Connecticut River, Groton, and Pelham Bay

11 bridges;

12 (xvii) provide additional catenary renewal and power supply up13 grading between the District of Columbia and New York, New

14 York;

15 (xviii) rehabilitate structural, electrical, and mechanical systems

16 at the 30th Street Station in Philadelphia, Pennsylvania;

17 (xix) install evacuation and fire protection facilities in tunnels

18 in New York, New York;

19 (xx) improve the communication and signal systems between

20 Wilmington, Delaware, and Boston, Massachusetts, on the North21 east Corridor main line, and between Philadelphia, Pennsylvania,

22 and Harrisburg, Pennsylvania, on the Harrisburg Line;

23 (xxi) improve the electric traction systems between Wilmington,

24 Delaware, and Newark, New Jersey;

25 (xxii) install baggage rack restraints, seat back guards, and seat

26 lock devices on 348 passenger cars operating in the Northeast

27 Corridor;

28 (xxiii) install 44 event recorders and 10 electronic warning de29 vices on locomotives operating within the Northeast Corridor; and

30 (xxiv) acquire cab signal test boxes and install 9 wayside loop

31 code transmitters for use within the Northeast Corridor.

32 (2) The following additional amounts may be appropriated to the Sec33 retary for expenditure by Amtrak:

34 (A) not more than $150,000,000 to achieve the goal of section

35 24902(a)(3) of this title.

36 (B) not more than $120,000,000 to acquire interests in property in

37 the Northeast Corridor.

38 (C) not more than $650,000 to develop and use mobile radio fre39 quencies for passenger radio mobile telephone service on high-speed rail

40 passenger transportation.
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1 (D) not more than $20,000,000 to acquire and improve interests in

2 rail property designated under section 206(c)(1)(D) of the Regional

3 Rail Reorganization Act of 1973 (45 U.S.C. 716(c)(1)(D)).

4 (E) not more than $37,000,000 to carry out section 24902(a)(7) and

5 (j) of this title.

6 (b) EMERGENCY MAINTENANCE.—Not more than $25,000,000 of the

7 amount appropriated under the Act of February 28, 1975 (Public Law 94–

8 6, 89 Stat. 11), may be used by Amtrak for emergency maintenance on rail

9 property designated under section 206(c)(1)(C) of the Regional Rail Reor10 ganization Act of 1973 (45 U.S.C. 716(c)(1)(C)).

11 (c) PRIORITY IN USING CERTAIN AMOUNTS.—Amounts appropriated

12 under subsection (a)(2)(B) and (D) of this section shall be used first to

13 repay, with interest, obligations guaranteed under section 602 of the Rail

14 Passenger Service Act, if the proceeds of those obligations were used to pay

15 the expenses of acquiring interests in property referred to in subsection

16 (a)(2)(B) and (D).

17 (d) PROHIBITION ON SUBSIDIZING COMMUTER AND FREIGHT OPERATING

18 LOSSES.—Amounts appropriated under this section may not be used to sub19 sidize operating losses of commuter rail or rail freight transportation.

20 (e) SUBSTITUTING AND DEFERRING CERTAIN IMPROVEMENTS.—(1) A

21 project for which amounts are authorized under subsection (a)(1)(C) of this

22 section is a part of the Northeast Corridor improvement program and is not

23 a substitute for improvements specified in the document ‘‘Corridor Master

24 Plan II, NECIP Restructured Program’’ of January, 1982. However, Am25 trak may defer the project to carry out the improvement and rehabilitation

26 for which amounts are authorized under subsection (a)(1)(B) of this section.

27 The total cost of the project that Amtrak defers may not be substantially

28 more than the amount Amtrak is required to expend or reserve under sub29 section (a)(1)(B).

30 (2) Section 24902 of this title is deemed not to be fulfilled until the

31 projects under subsection (a)(1)(C) of this section are completed.

32 (f) AVAILABILITY OF AMOUNTS.—Amounts appropriated under subsection

33 (a)(1) and (2)(A) and (C)–(E) of this section remain available until ex34 pended.

35 (g) AUTHORIZATIONS INCREASED BY PRIOR YEAR DEFICIENCIES.—An

36 amount greater than that authorized for a fiscal year may be appropriated

37 to the extent that the amount appropriated for any prior fiscal year is less

38 than the amount authorized for that year.

39 PART D—MISCELLANEOUS

40 CHAPTER 261—LAW ENFORCEMENT

Sec.

26101. Rail police officers.
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26102. Limit on certain accident or incident liability.

1 § 26101. Rail police officers

2 Under regulations prescribed by the Secretary of Transportation, a rail

3 police officer who is employed by a rail carrier and certified or commis4 sioned as a police officer under the laws of a State may enforce the laws

5 of any jurisdiction in which the rail carrier owns property, to the extent of

6 the authority of a police officer certified or commissioned under the laws

7 of that jurisdiction, to protect—

8 (1) employees, passengers, or patrons of the rail carrier;

9 (2) property, equipment, and facilities owned, leased, operated, or

10 maintained by the rail carrier;

11 (3) property moving in interstate or foreign commerce in the posses12 sion of the rail carrier; and

13 (4) personnel, equipment, and material moving by rail that are vital

14 to the national defense.

15 § 26102. Limit on certain accident or incident liability

16 (a) GENERAL.—When a publicly financed commuter transportation au17 thority established under Virginia law makes a contract to indemnify Am18 trak for liability for operations conducted by or for the authority or to in19 demnify a rail carrier over whose tracks those operations are conducted, li20 ability against Amtrak, the authority, or the carrier for all claims (including

21 punitive damages) arising from an accident or incident in the District of

22 Columbia related to those operations may not be more than the limits of

23 the liability coverage the authority maintains to indemnify Amtrak or the

24 carrier.

25 (b) MINIMUM REQUIRED LIABILITY COVERAGE.—A publicly financed

26 commuter transportation authority referred to in subsection (a) of this sec27 tion must maintain a total minimum liability coverage of at least

28 $200,000,000.

29 (c) EFFECTIVENESS.—This section is effective only after Amtrak or a rail

30 carrier seeking an indemnification contract under this section makes an op31 erating agreement with a publicly financed commuter transportation author32 ity established under Virginia law to provide access to its property for reve33 nue transportation related to the operations of the authority.

34 SUBTITLE VI—MOTOR VEHICLE AND DRIVER

35 PROGRAMS

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
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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

1 PART A—GENERAL

2 CHAPTER 301—MOTOR VEHICLE SAFETY

SUBCHAPTER I—GENERAL

Sec.

30101. Purpose and policy.

30102. Definitions.

30103. Relationship to other laws.

30104. Authorization of appropriations.

SUBCHAPTER II—STANDARDS AND COMPLIANCE

30111. Standards.

30112. Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles

and equipment.

30113. General exemptions.

30114. Special exemptions.

30115. Certification of compliance.

30116. Defects and noncompliance found before sale to purchaser.

30117. Providing information to, and maintaining records on, purchasers.

30118. Notification of defects and noncompliance.

30119. Notification procedures.

30120. Remedies for defects and noncompliance.

30121. Provisional notification and civil actions to enforce.

30122. Making safety devices and elements inoperative.

30123. Tires.

30124. Buzzers indicating nonuse of safety belts.

30125. Schoolbuses and schoolbus equipment.

30126. Used motor vehicles.

30127. Automatic occupant crash protection and seat belt use.

SUBCHAPTER III—IMPORTING NONCOMPLYING MOTOR VEHICLES AND

EQUIPMENT

30141. Importing motor vehicles capable of complying with standards.

30142. Importing motor vehicles for personal use.

30143. Motor vehicles imported by individuals employed outside the United States.

30144. Importing motor vehicles on a temporary basis.

30145. Importing motor vehicles or equipment requiring further manufacturing.

30146. Release of motor vehicles and bonds.

30147. Responsibility for defects and noncompliance.

SUBCHAPTER IV—ENFORCEMENT AND ADMINISTRATIVE

30161. Judicial review of standards.

30162. Petitions by interested persons for standards and enforcement.

30163. Actions by the Attorney General.

30164. Service of process.

30165. Civil penalty.

30166. Inspections, investigations, and records.

30167. Disclosure of information by the Secretary of Transportation.

30168. Research, testing, development, and training.

30169. Annual reports.
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1 SUBCHAPTER I—GENERAL

2 § 30101. Purpose and policy

3 The purpose of this chapter is to reduce traffic accidents and deaths and

4 injuries resulting from traffic accidents. Therefore it is necessary—

5 (1) to prescribe motor vehicle safety standards for motor vehicles

6 and motor vehicle equipment in interstate commerce; and

7 (2) to carry out needed safety research and development.

8 § 30102. Definitions

9 (a) GENERAL DEFINITIONS.—In this chapter—

10 (1) ‘‘dealer’’ means a person selling and distributing new motor vehi11 cles or motor vehicle equipment primarily to purchasers that in good

12 faith purchase the vehicles or equipment other than for resale.

13 (2) ‘‘defect’’ includes any defect in performance, construction, a com14 ponent, or material of a motor vehicle or motor vehicle equipment.

15 (3) ‘‘distributor’’ means a person primarily selling and distributing

16 motor vehicles or motor vehicle equipment for resale.

17 (4) ‘‘interstate commerce’’ means commerce between a place in a

18 State and a place in another State or between places in the same State

19 through another State.

20 (5) ‘‘manufacturer’’ means a person—

21 (A) manufacturing or assembling motor vehicles or motor vehi22 cle equipment; or

23 (B) importing motor vehicles or motor vehicle equipment for re24 sale.

25 (6) ‘‘motor vehicle’’ means a vehicle driven or drawn by mechanical

26 power and manufactured primarily for use on public streets, roads, and

27 highways, but does not include a vehicle operated only on a rail line.

28 (7) ‘‘motor vehicle equipment’’ means—

29 (A) any system, part, or component of a motor vehicle as origi30 nally manufactured;

31 (B) any similar part or component manufactured or sold for re32 placement or improvement of a system, part, or component, or as

33 an accessory or addition to a motor vehicle; or

34 (C) any device or an article or apparel (except medicine or eye35 glasses prescribed by a licensed practitioner) that is not a system,

36 part, or component of a motor vehicle and is manufactured, sold,

37 delivered, offered, or intended to be used only to safeguard motor

38 vehicles and highway users against risk of accident, injury, or

39 death.

40 (8) ‘‘motor vehicle safety’’ means the performance of a motor vehicle

41 or motor vehicle equipment in a way that protects the public against
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1 unreasonable risk of accidents occurring because of the design, con2 struction, or performance of a motor vehicle, and against unreasonable

3 risk of death or injury in an accident, and includes nonoperational safe4 ty of a motor vehicle.

5 (9) ‘‘motor vehicle safety standard’’ means a minimum standard for

6 motor vehicle or motor vehicle equipment performance.

7 (10) ‘‘State’’ means a State of the United States, the District of Co8 lumbia, Puerto Rico, the Northern Mariana Islands, Guam, American

9 Samoa, and the Virgin Islands.

10 (11) ‘‘United States district court’’ means a district court of the

11 United States, a United States court for Guam, the Virgin Islands, and

12 American Samoa, and the district court for the Northern Mariana Is13 lands.

14 (b) LIMITED DEFINITIONS.—(1) In sections 30117(b), 30118–30121,

15 and 30166(f) of this title—

16 (A) ‘‘adequate repair’’ does not include repair resulting in substan17 tially impaired operation of a motor vehicle or motor vehicle equipment;

18 (B) ‘‘first purchaser’’ means the first purchaser of a motor vehicle

19 or motor vehicle equipment other than for resale;

20 (C) ‘‘original equipment’’ means motor vehicle equipment (including

21 a tire) installed in or on a motor vehicle at the time of delivery to the

22 first purchaser;

23 (D) ‘‘replacement equipment’’ means motor vehicle equipment (in24 cluding a tire) that is not original equipment;

25 (E) a brand name owner of a tire marketed under a brand name not

26 owned by the manufacturer of the tire is deemed to be the manufac27 turer of the tire;

28 (F) a defect in original equipment, or noncompliance of original

29 equipment with a motor vehicle safety standard prescribed under this

30 chapter, is deemed to be a defect or noncompliance of the motor vehicle

31 in or on which the equipment was installed at the time of delivery to

32 the first purchaser;

33 (G) a manufacturer of a motor vehicle in or on which original equip34 ment was installed when delivered to the first purchaser is deemed to

35 be the manufacturer of the equipment; and

36 (H) a retreader of a tire is deemed to be the manufacturer of the

37 tire.

38 (2) The Secretary of Transportation may prescribe regulations changing

39 paragraph (1)(C), (D), (F), or (G) of this subsection.
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1 § 30103. Relationship to other laws

2 (a) UNIFORMITY OF REGULATIONS.—The Secretary of Transportation

3 may not prescribe a safety regulation related to a motor vehicle subject to

4 subchapter II of chapter 105 of this title that differs from a motor vehicle

5 safety standard prescribed under this chapter. However, the Secretary may

6 prescribe, for a motor vehicle operated by a carrier subject to subchapter

7 II of chapter 105, a safety regulation that imposes a higher standard of per8 formance after manufacture than that required by an applicable standard

9 in effect at the time of manufacture.

10 (b) PREEMPTION.—(1) When a motor vehicle safety standard is in effect

11 under this chapter, a State or a political subdivision of a State may pre12 scribe or continue in effect a standard applicable to the same aspect of per13 formance of a motor vehicle or motor vehicle equipment only if the standard

14 is identical to the standard prescribed under this chapter. However, the

15 United States Government, a State, or a political subdivision of a State may

16 prescribe a standard for a motor vehicle or motor vehicle equipment ob17 tained for its own use that imposes a higher performance requirement than

18 that required by the otherwise applicable standard under this chapter.

19 (2) A State may enforce a standard that is identical to a standard pre20 scribed under this chapter.

21 (c) ANTITRUST LAWS.—This chapter does not—

22 (1) exempt from the antitrust laws conduct that is unlawful under

23 those laws; or

24 (2) prohibit under the antitrust laws conduct that is lawful under

25 those laws.

26 (d) WARRANTY OBLIGATIONS AND ADDITIONAL LEGAL RIGHTS AND

27 REMEDIES.—Sections 30117(b), 30118–30121, 30166(f), and 30167(a) and

28 (b) of this title do not establish or affect a warranty obligation under a law

29 of the United States or a State. A remedy under those sections and sections

30 30161 and 30162 of this title is in addition to other rights and remedies

31 under other laws of the United States or a State.

32 (e) COMMON LAW LIABILITY.—Compliance with a motor vehicle safety

33 standard prescribed under this chapter does not exempt a person from li34 ability at common law.

35 § 30104. Authorization of appropriations

36 The following amounts may be appropriated to the Secretary of Transpor37 tation for the National Highway Traffic Safety Administration to carry out

38 this chapter:

39 (1) $71,333,436 for the fiscal year ending September 30, 1993.

40 (2) $74,044,106 for the fiscal year ending September 30, 1994.

41 (3) $76,857,782 for the fiscal year ending September 30, 1995.
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1 SUBCHAPTER II—STANDARDS AND COMPLIANCE

2 § 30111. Standards

3 (a) GENERAL REQUIREMENTS.—The Secretary of Transportation shall

4 prescribe motor vehicle safety standards. Each standard shall be practicable,

5 meet the need for motor vehicle safety, and be stated in objective terms.

6 (b) CONSIDERATIONS AND CONSULTATION.—When prescribing a motor

7 vehicle safety standard under this chapter, the Secretary shall—

8 (1) consider relevant available motor vehicle safety information;

9 (2) consult with the agency established under the Act of August 20,

10 1958 (Public Law 85–684, 72 Stat. 635), and other appropriate State

11 or interstate authorities (including legislative committees);

12 (3) consider whether a proposed standard is reasonable, practicable,

13 and appropriate for the particular type of motor vehicle or motor vehi14 cle equipment for which it is prescribed; and

15 (4) consider the extent to which the standard will carry out section

16 30101 of this title.

17 (c) COOPERATION.—The Secretary may advise, assist, and cooperate with

18 departments, agencies, and instrumentalities of the United States Govern19 ment, States, and other public and private agencies in developing motor ve20 hicle safety standards.

21 (d) EFFECTIVE DATES OF STANDARDS.—The Secretary shall specify the

22 effective date of a motor vehicle safety standard prescribed under this chap23 ter in the order prescribing the standard. A standard may not become effec24 tive before the 180th day after the standard is prescribed or later than one

25 year after it is prescribed. However, the Secretary may prescribe a different

26 effective date after finding, for good cause shown, that a different effective

27 date is in the public interest and publishing the reasons for the finding.

28 (e) 5-YEAR PLAN FOR TESTING STANDARDS.—The Secretary shall estab29 lish and periodically review and update on a continuing basis a 5-year plan

30 for testing motor vehicle safety standards prescribed under this chapter that

31 the Secretary considers capable of being tested. In developing the plan and

32 establishing testing priorities, the Secretary shall consider factors the Sec33 retary considers appropriate, consistent with section 30101 of this title and

34 the Secretary’s other duties and powers under this chapter. The Secretary

35 may change at any time those priorities to address matters the Secretary

36 considers of greater priority. The initial plan may be the 5-year plan for

37 compliance testing in effect on December 18, 1991.

38 § 30112. Prohibitions on manufacturing, selling, and import39 ing noncomplying motor vehicles and equipment

40 (a) GENERAL.—Except as provided in this section, sections 30113 and

41 30114 of this title, and subchapter III of this chapter, a person may not
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1 manufacture for sale, sell, offer for sale, introduce or deliver for introduc2 tion in interstate commerce, or import into the United States, any motor

3 vehicle or motor vehicle equipment manufactured on or after the date an

4 applicable motor vehicle safety standard prescribed under this chapter takes

5 effect unless the vehicle or equipment complies with the standard and is cov6 ered by a certification issued under section 30115 of this title.

7 (b) NONAPPLICATION.—This section does not apply to—

8 (1) the sale, offer for sale, or introduction or delivery for introduc9 tion in interstate commerce of a motor vehicle or motor vehicle equip10 ment after the first purchase of the vehicle or equipment in good faith

11 other than for resale;

12 (2) a person—

13 (A) establishing that the person had no reason to know, despite

14 exercising reasonable care, that a motor vehicle or motor vehicle

15 equipment does not comply with applicable motor vehicle safety

16 standards prescribed under this chapter; or

17 (B) holding, without knowing about the noncompliance and be18 fore the vehicle or equipment is first purchased in good faith other

19 than for resale, a certificate issued by a manufacturer or importer

20 stating the vehicle or equipment complies with applicable stand21 ards prescribed under this chapter;

22 (3) a motor vehicle or motor vehicle equipment intended only for ex23 port, labeled for export on the vehicle or equipment and on the outside

24 of any container of the vehicle or equipment, and exported;

25 (4) a motor vehicle the Secretary of Transportation decides under

26 section 30141 of this title is capable of complying with applicable

27 standards prescribed under this chapter;

28 (5) a motor vehicle imported for personal use by an individual who

29 receives an exemption under section 30142 of this title;

30 (6) a motor vehicle under section 30143 of this title imported by an

31 individual employed outside the United States;

32 (7) a motor vehicle under section 30144 of this title imported on a

33 temporary basis;

34 (8) a motor vehicle or item of motor vehicle equipment under section

35 30145 of this title requiring further manufacturing; or

36 (9) a motor vehicle that is at least 25 years old.

37 § 30113. General exemptions

38 (a) DEFINITION.—In this section, ‘‘low-emission motor vehicle’’ means a

39 motor vehicle meeting the standards for new motor vehicles applicable to the

40 vehicle under section 202 of the Clean Air Act (42 U.S.C. 7521) when the
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1 vehicle is manufactured and emitting an air pollutant in an amount signifi2 cantly below one of those standards.

3 (b) AUTHORITY TO EXEMPT AND PROCEDURES.—(1) The Secretary of

4 Transportation may exempt, on a temporary basis, motor vehicles from a

5 motor vehicle safety standard prescribed under this chapter on terms the

6 Secretary considers appropriate. An exemption may be renewed. A renewal

7 may be granted only on reapplication and must conform to the requirements

8 of this subsection.

9 (2) The Secretary may begin a proceeding under this subsection when a

10 manufacturer applies for an exemption or a renewal of an exemption. The

11 Secretary shall publish notice of the application and provide an opportunity

12 to comment. An application for an exemption or for a renewal of an exemp13 tion shall be filed at a time and in the way, and contain information, this

14 section and the Secretary require.

15 (3) The Secretary may act under this subsection on finding that—

16 (A) an exemption is consistent with the public interest and this chap17 ter; and

18 (B)(i) compliance with the standard would cause substantial eco19 nomic hardship to a manufacturer that has tried to comply with the

20 standard in good faith;

21 (ii) the exemption would make easier the development or field evalua22 tion of a new motor vehicle safety feature providing a safety level at

23 least equal to the safety level of the standard;

24 (iii) the exemption would make the development or field evaluation

25 of a low-emission motor vehicle easier and would not unreasonably

26 lower the safety level of that vehicle; or

27 (iv) compliance with the standard would prevent the manufacturer

28 from selling a motor vehicle with an overall safety level at least equal

29 to the overall safety level of nonexempt vehicles.

30 (c) CONTENTS OF APPLICATIONS.—A manufacturer applying for an ex31 emption under subsection (b) of this section shall include the following in32 formation in the application:

33 (1) if the application is made under subsection (b)(3)(B)(i) of this

34 section, a complete financial statement describing the economic hard35 ship and a complete description of the manufacturer’s good faith effort

36 to comply with each motor vehicle safety standard prescribed under

37 this chapter from which the manufacturer is requesting an exemption.

38 (2) if the application is made under subsection (b)(3)(B)(ii) of this

39 section, a record of the research, development, and testing establishing

40 the innovative nature of the safety feature and a detailed analysis es-
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1 tablishing that the safety level of the feature at least equals the safety

2 level of the standard.

3 (3) if the application is made under subsection (b)(3)(B)(iii) of this

4 section, a record of the research, development, and testing establishing

5 that the motor vehicle is a low-emission motor vehicle and that the

6 safety level of the vehicle is not lowered unreasonably by exemption

7 from the standard.

8 (4) if the application is made under subsection (b)(3)(B)(iv) of this

9 section, a detailed analysis showing how the vehicle provides an overall

10 safety level at least equal to the overall safety level of nonexempt vehi11 cles.

12 (d) ELIGIBILITY.—A manufacturer is eligible for an exemption under sub13 section (b)(3)(B)(i) of this section only if the Secretary determines that the

14 manufacturer’s total motor vehicle production in the most recent year of

15 production is not more than 10,000. A manufacturer is eligible for an ex16 emption under subsection (b)(3)(B)(ii), (iii), or (iv) of this section only if

17 the Secretary determines the exemption is for not more than 2,500 vehicles

18 to be sold in the United States in any 12-month period.

19 (e) MAXIMUM PERIOD.—An exemption or renewal under subsection

20 (b)(3)(B)(i) of this section may be granted for not more than 3 years. An

21 exemption or renewal under subsection (b)(3)(B)(ii), (iii), or (iv) of this sec22 tion may be granted for not more than 2 years.

23 (f) DISCLOSURE.—The Secretary may make public, by the 10th day after

24 an application is filed, information contained in the application or relevant

25 to the application unless the information concerns or is related to a trade

26 secret or other confidential information not relevant to the application.

27 (g) NOTICE OF DECISION.—The Secretary shall publish in the Federal

28 Register a notice of each decision granting an exemption under this section

29 and the reasons for granting it.

30 (h) PERMANENT LABEL REQUIREMENT.—The Secretary shall require a

31 permanent label to be fixed to a motor vehicle granted an exemption under

32 this section. The label shall either name or describe each motor vehicle safe33 ty standard prescribed under this chapter from which the vehicle is exempt.

34 The Secretary may require that written notice of an exemption be delivered

35 by appropriate means to the dealer and the first purchaser of the vehicle

36 other than for resale.

37 § 30114. Special exemptions

38 The Secretary of Transportation may exempt a motor vehicle or item of

39 motor vehicle equipment from section 30112(a) of this title on terms the

40 Secretary decides are necessary for research, investigations, demonstrations,

41 training, or competitive racing events.
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1 § 30115. Certification of compliance

2 A manufacturer or distributor of a motor vehicle or motor vehicle equip3 ment shall certify to the distributor or dealer at delivery that the vehicle

4 or equipment complies with applicable motor vehicle safety standards pre5 scribed under this chapter. A person may not issue the certificate if, in exer6 cising reasonable care, the person has reason to know the certificate is false

7 or misleading in a material respect. Certification of a vehicle must be shown

8 by a label or tag permanently fixed to the vehicle. Certification of equipment

9 may be shown by a label or tag on the equipment or on the outside of the

10 container in which the equipment is delivered.

11 § 30116. Defects and noncompliance found before sale to

12 purchaser

13 (a) ACTIONS REQUIRED OF MANUFACTURERS AND DISTRIBUTORS.—If,

14 after a manufacturer or distributor sells a motor vehicle or motor vehicle

15 equipment to a distributor or dealer and before the distributor or dealer

16 sells the vehicle or equipment, it is decided that the vehicle or equipment

17 contains a defect related to motor vehicle safety or does not comply with

18 applicable motor vehicle safety standards prescribed under this chapter—

19 (1) the manufacturer or distributor immediately shall repurchase the

20 vehicle or equipment at the price paid by the distributor or dealer, plus

21 transportation charges and reasonable reimbursement of at least one

22 percent a month of the price paid prorated from the date of notice of

23 noncompliance or defect to the date of repurchase; or

24 (2) if a vehicle, the manufacturer or distributor immediately shall

25 give to the distributor or dealer at the manufacturer’s or distributor’s

26 own expense, the part or equipment needed to make the vehicle comply

27 with the standards or correct the defect.

28 (b) DISTRIBUTOR OR DEALER INSTALLATION.—The distributor or dealer

29 shall install the part or equipment referred to in subsection (a)(2) of this

30 section. If the distributor or dealer installs the part or equipment with rea31 sonable diligence after it is received, the manufacturer shall reimburse the

32 distributor or dealer for the reasonable value of the installation and a rea33 sonable reimbursement of at least one percent a month of the manufactur34 er’s or distributor’s selling price prorated from the date of notice of non35 compliance or defect to the date the motor vehicle complies with applicable

36 motor vehicle safety standards prescribed under this chapter or the defect

37 is corrected.

38 (c) ESTABLISHING AMOUNT DUE AND CIVIL ACTIONS.—The parties shall

39 establish the value of installation and the amount of reimbursement under

40 this section. If the parties do not agree, or if a manufacturer or distributor

41 refuses to comply with subsection (a) or (b) of this section, the distributor
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1 or dealer purchasing the motor vehicle or motor vehicle equipment may

2 bring a civil action. The action may be brought in a United States district

3 court for the judicial district in which the manufacturer or distributor re4 sides, is found, or has an agent, to recover damages, court costs, and a rea5 sonable attorney’s fee. An action under this section must be brought not

6 later than 3 years after the claim accrues.

7 § 30117. Providing information to, and maintaining records

8 on, purchasers

9 (a) PROVIDING INFORMATION AND NOTICE.—The Secretary of Transpor10 tation may require that each manufacturer of a motor vehicle or motor vehi11 cle equipment provide technical information related to performance and

12 safety required to carry out this chapter. The Secretary may require the

13 manufacturer to give the following notice of that information when the Sec14 retary decides it is necessary:

15 (1) to each prospective purchaser of a vehicle or equipment before

16 the first sale other than for resale at each location at which the vehicle

17 or equipment is offered for sale by a person having a legal relationship

18 with the manufacturer, in a way the Secretary decides is appropriate.

19 (2) to the first purchaser of a vehicle or equipment other than for

20 resale when the vehicle or equipment is bought, in printed matter

21 placed in the vehicle or attached to or accompanying the equipment.

22 (b) MAINTAINING PURCHASER RECORDS AND PROCEDURES.—(1) A man23 ufacturer of a motor vehicle or tire (except a retreaded tire) shall cause to

24 be maintained a record of the name and address of the first purchaser of

25 each vehicle or tire it produces and, to the extent prescribed by regulations

26 of the Secretary, shall cause to be maintained a record of the name and

27 address of the first purchaser of replacement equipment (except a tire) that

28 the manufacturer produces. The Secretary may prescribe by regulation the

29 records to be maintained and reasonable procedures for maintaining the

30 records under this subsection, including procedures to be followed by dis31 tributors and dealers to assist the manufacturer in obtaining the informa32 tion required by this subsection. A procedure shall be reasonable for the

33 type of vehicle or tire involved, and shall provide reasonable assurance that

34 a customer list of a distributor or dealer, or similar information, will be

35 made available to a person (except the distributor or dealer) only when nec36 essary to carry out this subsection and sections 30118–30121, 30166(f),

37 and 30167(a) and (b) of this title. Availability of assistance from a distribu38 tor or dealer does not affect an obligation of a manufacturer under this sub39 section.

40 (2)(A) Except as provided in paragraph (3) of this subsection, the Sec41 retary may require a distributor or dealer to maintain a record under para-
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1 graph (1) of this subsection only if the business of the distributor or dealer

2 is owned or controlled by a manufacturer of tires.

3 (B) The Secretary shall require each distributor and dealer whose busi4 ness is not owned or controlled by a manufacturer of tires to give a registra5 tion form (containing the tire identification number) to the first purchaser

6 of a tire. The Secretary shall prescribe the form, which shall be standard7 ized for all tires and designed to allow the purchaser to complete and return

8 it directly to the manufacturer of the tire. The manufacturer shall give suf9 ficient copies of forms to distributors and dealers.

10 (3)(A) The Secretary shall evaluate from time to time how successful the

11 procedures under paragraph (2) of this subsection have been in helping to

12 maintain records about first purchasers of tires. After each evaluation, the

13 Secretary shall decide—

14 (i) the extent to which distributors and dealers have complied with

15 the procedures;

16 (ii) the extent to which distributors and dealers have encouraged

17 first purchasers of tires to register the tires; and

18 (iii) whether to prescribe for manufacturers, distributors, or dealers

19 other requirements that the Secretary decides will increase significantly

20 the percentage of first purchasers of tires about whom records are

21 maintained.

22 (B) The Secretary may prescribe a requirement under subparagraph (A)

23 of this paragraph only if the Secretary decides it is necessary to reduce the

24 risk to motor vehicle safety, after considering—

25 (i) the cost of the requirement to manufacturers and the burden of

26 the requirement on distributors and dealers, compared to the increase

27 in the percentage of first purchasers of tires about whom records would

28 be maintained as a result of the requirement;

29 (ii) the extent to which distributors and dealers have complied with

30 the procedures in paragraph (2) of this subsection; and

31 (iii) the extent to which distributors and dealers have encouraged

32 first purchasers of tires to register the tires.

33 (C) A manufacturer of tires shall reimburse distributors and dealers of

34 that manufacturer’s tires for all reasonable costs incurred by the distribu35 tors and dealers in complying with a requirement prescribed by the Sec36 retary under subparagraph (A) of this paragraph.

37 (D) After making a decision under subparagraph (A) of this paragraph,

38 the Secretary shall submit to each House of Congress a report containing

39 a detailed statement of the decision and an explanation of the reasons for

40 the decision.
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1 § 30118. Notification of defects and noncompliance

2 (a) NOTIFICATION BY SECRETARY.—The Secretary of Transportation

3 shall notify the manufacturer of a motor vehicle or replacement equipment

4 immediately after making an initial decision (through testing, inspection, in5 vestigation, or research carried out under this chapter, examining commu6 nications under section 30166(f) of this title, or otherwise) that the vehicle

7 or equipment contains a defect related to motor vehicle safety or does not

8 comply with an applicable motor vehicle safety standard prescribed under

9 this chapter. The notification shall include the information on which the de10 cision is based. The Secretary shall publish a notice of each decision under

11 this subsection in the Federal Register. Subject to section 30167(a) of this

12 title, the notification and information are available to any interested person.

13 (b) DEFECT AND NONCOMPLIANCE PROCEEDINGS AND ORDERS.—(1)

14 The Secretary may make a final decision that a motor vehicle or replace15 ment equipment contains a defect related to motor vehicle safety or does

16 not comply with an applicable motor vehicle safety standard prescribed

17 under this chapter only after giving the manufacturer an opportunity to

18 present information, views, and arguments showing that there is no defect

19 or noncompliance or that the defect does not affect motor vehicle safety.

20 Any interested person also shall be given an opportunity to present informa21 tion, views, and arguments.

22 (2) If the Secretary decides under paragraph (1) of this subsection that

23 the vehicle or equipment contains the defect or does not comply, the Sec24 retary shall order the manufacturer to—

25 (A) give notification under section 30119 of this title to the owners,

26 purchasers, and dealers of the vehicle or equipment of the defect or

27 noncompliance; and

28 (B) remedy the defect or noncompliance under section 30120 of this

29 title.

30 (c) NOTIFICATION BY MANUFACTURER.—A manufacturer of a motor ve31 hicle or replacement equipment shall notify the Secretary by certified mail,

32 and the owners, purchasers, and dealers of the vehicle or equipment as pro33 vided in section 30119(d) of this section, if the manufacturer—

34 (1) learns the vehicle or equipment contains a defect and decides in

35 good faith that the defect is related to motor vehicle safety; or

36 (2) decides in good faith that the vehicle or equipment does not com37 ply with an applicable motor vehicle safety standard prescribed under

38 this chapter.

39 (d) EXEMPTIONS.—On application of a manufacturer, the Secretary shall

40 exempt the manufacturer from this section if the Secretary decides a defect

41 or noncompliance is inconsequential to motor vehicle safety. The Secretary
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1 may take action under this subsection only after notice in the Federal Reg2 ister and an opportunity for any interested person to present information,

3 views, and arguments.

4 (e) HEARINGS ABOUT MEETING NOTIFICATION REQUIREMENTS.—On the

5 motion of the Secretary or on petition of any interested person, the Sec6 retary may conduct a hearing to decide whether the manufacturer has rea7 sonably met the notification requirements under this section. Any interested

8 person may make written and oral presentations of information, views, and

9 arguments on whether the manufacturer has reasonably met the notification

10 requirements. If the Secretary decides that the manufacturer has not rea11 sonably met the notification requirements, the Secretary shall order the

12 manufacturer to take specified action to meet those requirements and may

13 take any other action authorized under this chapter.

14 § 30119. Notification procedures

15 (a) CONTENTS OF NOTIFICATION.—Notification by a manufacturer re16 quired under section 30118 of this title of a defect or noncompliance shall

17 contain—

18 (1) a clear description of the defect or noncompliance;

19 (2) an evaluation of the risk to motor vehicle safety reasonably relat20 ed to the defect or noncompliance;

21 (3) the measures to be taken to obtain a remedy of the defect or

22 noncompliance;

23 (4) a statement that the manufacturer giving notice will remedy the

24 defect or noncompliance without charge under section 30120 of this

25 title;

26 (5) the earliest date on which the defect or noncompliance will be

27 remedied without charge, and for tires, the period during which the de28 fect or noncompliance will be remedied without charge under section

29 30120 of this title;

30 (6) the procedure the recipient of a notice is to follow to inform the

31 Secretary of Transportation when a manufacturer, distributor, or deal32 er does not remedy the defect or noncompliance without charge under

33 section 30120 of this title; and

34 (7) other information the Secretary prescribes by regulation.

35 (b) EARLIEST REMEDY DATE.—The date specified by a manufacturer in

36 a notification under subsection (a)(5) of this section or section 30121(c)(2)

37 of this title is the earliest date that parts and facilities reasonably can be

38 expected to be available to remedy the defect or noncompliance. The Sec39 retary may disapprove the date.

40 (c) TIME FOR NOTIFICATION.—Notification required under section 30118

41 of this title shall be given within a reasonable time—
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1 (1) prescribed by the Secretary, after the manufacturer receives no2 tice of a final decision under section 30118(b) of this title; or

3 (2) after the manufacturer first decides that a safety-related defect

4 or noncompliance exists under section 30118(c) of this title.

5 (d) MEANS OF PROVIDING NOTIFICATION.—(1) Notification required

6 under section 30118 of this title about a motor vehicle shall be sent by first

7 class mail—

8 (A) to each person registered under State law as the owner and

9 whose name and address are reasonably ascertainable by the manufac10 turer through State records or other available sources; or

11 (B) if a registered owner is not notified under clause (A) of this

12 paragraph, to the most recent purchaser known to the manufacturer.

13 (2) Notification required under section 30118 of this title about replace14 ment equipment (except a tire) shall be sent by first class mail to the most

15 recent purchaser known to the manufacturer. In addition, if the Secretary

16 decides that public notice is required for motor vehicle safety, public notice

17 shall be given in the way required by the Secretary after consulting with

18 the manufacturer.

19 (3) Notification required under section 30118 of this title about a tire

20 shall be sent by first class mail (or, if the manufacturer prefers, by certified

21 mail) to the most recent purchaser known to the manufacturer. In addition,

22 if the Secretary decides that public notice is required for motor vehicle safe23 ty, public notice shall be given in the way required by the Secretary after

24 consulting with the manufacturer. In deciding whether public notice is re25 quired, the Secretary shall consider—

26 (A) the magnitude of the risk to motor vehicle safety caused by the

27 defect or noncompliance; and

28 (B) the cost of public notice compared to the additional number of

29 owners the notice may reach.

30 (4) A dealer to whom a motor vehicle or replacement equipment was de31 livered shall be notified by certified mail or quicker means if available.

32 (e) SECOND NOTIFICATION.—If the Secretary decides that a notification

33 sent by a manufacturer under this section has not resulted in an adequate

34 number of motor vehicles or items of replacement equipment being returned

35 for remedy, the Secretary may order the manufacturer to send a 2d notifi36 cation in the way the Secretary prescribes by regulation.

37 (f) NOTIFICATION BY LESSOR TO LESSEE.—(1) In this subsection,

38 ‘‘leased motor vehicle’’ means a motor vehicle that is leased to a person for

39 at least 4 months by a lessor that has leased at least 5 motor vehicles in

40 the 12 months before the date of the notification.
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1 (2) A lessor that receives a notification required by section 30118 of this

2 title about a leased motor vehicle shall provide a copy of the notification

3 to the lessee in the way the Secretary prescribes by regulation.

4 § 30120. Remedies for defects and noncompliance

5 (a) WAYS TO REMEDY.—(1) Subject to subsections (f) and (g) of this

6 section, when notification of a defect or noncompliance is required under

7 section 30118(b) or (c) of this title, the manufacturer of the defective or

8 noncomplying motor vehicle or replacement equipment shall remedy the de9 fect or noncompliance without charge when the vehicle or equipment is pre10 sented for remedy. Subject to subsections (b) and (c) of this section, the

11 manufacturer shall remedy the defect or noncompliance in any of the follow12 ing ways the manufacturer chooses:

13 (A) if a vehicle—

14 (i) by repairing the vehicle;

15 (ii) by replacing the vehicle with an identical or reasonably

16 equivalent vehicle; or

17 (iii) by refunding the purchase price, less a reasonable allowance

18 for depreciation.

19 (B) if replacement equipment, by repairing the equipment or replac20 ing the equipment with identical or reasonably equivalent equipment.

21 (2) The Secretary of Transportation may prescribe regulations to allow

22 the manufacturer to impose conditions on the replacement of a motor vehi23 cle or refund of its price.

24 (b) TIRE REMEDIES.—(1) A manufacturer of a tire, including an original

25 equipment tire, shall remedy a defective or noncomplying tire if the owner

26 or purchaser presents the tire for remedy not later than 60 days after the

27 later of—

28 (A) the day the owner or purchaser receives notification under sec29 tion 30119 of this title; or

30 (B) if the manufacturer decides to replace the tire, the day the

31 owner or purchaser receives notification that a replacement is available.

32 (2) If the manufacturer decides to replace the tire and the replacement

33 is not available during the 60-day period, the owner or purchaser must

34 present the tire for remedy during a subsequent 60-day period that begins

35 only after the owner or purchaser receives notification that a replacement

36 will be available during the subsequent period. If tires are available during

37 the subsequent period, only a tire presented for remedy during that period

38 must be remedied.

39 (c) ADEQUACY OF REPAIRS.—(1) If a manufacturer decides to repair a

40 defective or noncomplying motor vehicle or replacement equipment and the
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1 repair is not done adequately within a reasonable time, the manufacturer

2 shall—

3 (A) replace the vehicle or equipment without charge with an identical

4 or reasonably equivalent vehicle or equipment; or

5 (B) for a vehicle, refund the purchase price, less a reasonable allow6 ance for depreciation.

7 (2) Failure to repair a motor vehicle or replacement equipment ade8 quately not later than 60 days after its presentation is prima facie evidence

9 of failure to repair within a reasonable time. However, the Secretary may

10 extend, by order, the 60-day period if good cause for an extension is shown

11 and the reason is published in the Federal Register before the period ends.

12 Presentation of a vehicle or equipment for repair before the date specified

13 by a manufacturer in a notice under section 30119(a)(5) or 30121(c)(2) of

14 this title is not a presentation under this subsection.

15 (d) FILING MANUFACTURER’S REMEDY PROGRAM.—A manufacturer

16 shall file with the Secretary a copy of the manufacturer’s program under

17 this section for remedying a defect or noncompliance. The Secretary shall

18 make the program available to the public and publish a notice of availability

19 in the Federal Register.

20 (e) HEARINGS ABOUT MEETING REMEDY REQUIREMENTS.—On the mo21 tion of the Secretary or on application by any interested person, the Sec22 retary may conduct a hearing to decide whether the manufacturer has rea23 sonably met the remedy requirements under this section. Any interested per24 son may make written and oral presentations of information, views, and ar25 guments on whether the manufacturer has reasonably met the remedy re26 quirements. If the Secretary decides a manufacturer has not reasonably met

27 the remedy requirements, the Secretary shall order the manufacturer to

28 take specified action to meet those requirements and may take any other

29 action authorized under this chapter.

30 (f) FAIR REIMBURSEMENT TO DEALERS.—A manufacturer shall pay fair

31 reimbursement to a dealer providing a remedy without charge under this

32 section.

33 (g) NONAPPLICATION.—(1) The requirement that a remedy be provided

34 without charge does not apply if the motor vehicle or replacement equipment

35 was bought by the first purchaser more than 8 calendar years, or the tire,

36 including an original equipment tire, was bought by the first purchaser

37 more than 3 calendar years, before notice is given under section 30118(c)

38 of this title or an order is issued under section 30118(b) of this title, which39 ever is earlier.
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1 (2) This section does not apply during any period in which enforcement

2 of an order under section 30118(b) of this title is restrained or the order

3 is set aside in a civil action to which section 30121(d) of this title applies.

4 (h) EXEMPTIONS.—On application of a manufacturer, the Secretary shall

5 exempt the manufacturer from this section if the Secretary decides a defect

6 or noncompliance is inconsequential to motor vehicle safety. The Secretary

7 may take action under this subsection only after notice in the Federal Reg8 ister and an opportunity for any interested person to present information,

9 views, and arguments.

10 (i) LIMITATION ON SALE OR LEASE.—(1) If notification is required by

11 an order under section 30118(b) of this title or is required under section

12 30118(c) of this title and the manufacturer has provided to a dealer notifi13 cation about a new motor vehicle or new item of replacement equipment in

14 the dealer’s possession at the time of notification that contains a defect re15 lated to motor vehicle safety or does not comply with an applicable motor

16 vehicle safety standard prescribed under this chapter, the dealer may sell

17 or lease the motor vehicle or item of replacement equipment only if—

18 (A) the defect or noncompliance is remedied as required by this sec19 tion before delivery under the sale or lease; or

20 (B) when the notification is required by an order under section

21 30118(b) of this title, enforcement of the order is restrained or the

22 order is set aside in a civil action to which section 30121(d) of this

23 title applies.

24 (2) This subsection does not prohibit a dealer from offering for sale or

25 lease the vehicle or equipment.

26 § 30121. Provisional notification and civil actions to enforce

27 (a) PROVISIONAL NOTIFICATION.—(1) The Secretary of Transportation

28 may order a manufacturer to issue a provisional notification if a civil action

29 about an order issued under section 30118(b) of this title has been brought

30 under section 30163 of this title. The provisional notification shall con31 tain—

32 (A) a statement that the Secretary has decided that a defect related

33 to motor vehicle safety or noncompliance with a motor vehicle safety

34 standard prescribed under this chapter exists and that the manufac35 turer is contesting the decision in a civil action in a United States dis36 trict court;

37 (B) a clear description of the Secretary’s stated basis for the deci38 sion;

39 (C) the Secretary’s evaluation of the risk to motor vehicle safety rea40 sonably related to the defect or noncompliance;
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1 (D) measures the Secretary considers necessary to avoid an unrea2 sonable risk to motor vehicle safety resulting from the defect or non3 compliance;

4 (E) a statement that the manufacturer will remedy the defect or

5 noncompliance without charge under section 30120 of this title, but

6 that the requirement to remedy without charge is conditioned on the

7 outcome of the civil action; and

8 (F) other information the Secretary prescribes by regulation or in9 cludes in the order requiring the notice.

10 (2) A notification under this subsection does not relieve a manufacturer

11 of liability for not giving notification required by an order under section

12 30118(b) of this title.

13 (b) CIVIL ACTIONS FOR NOT NOTIFYING.—(1) A manufacturer that does

14 not notify owners and purchasers under section 30119(c) and (d) of this

15 title is liable to the United States Government for a civil penalty, unless

16 the manufacturer prevails in a civil action referred to in subsection (a) of

17 this section or the court in that action enjoins enforcement of the order.

18 Enforcement may be enjoined only if the court decides that the failure to

19 notify is reasonable and that the manufacturer has demonstrated the likeli20 hood of prevailing on the merits. If enforcement is enjoined, the manufac21 turer is not liable during the time the order is stayed.

22 (2) A manufacturer that does not notify owners and purchasers as re23 quired under subsection (a) of this section is liable for a civil penalty re24 gardless of whether the manufacturer prevails in an action on the validity

25 of the order issued under section 30118(b) of this title.

26 (c) ORDERS TO MANUFACTURERS.—If the Secretary prevails in a civil ac27 tion referred to in subsection (a) of this section, the Secretary shall order

28 the manufacturer—

29 (1) to notify each owner, purchaser, and dealer described in section

30 30119(d) of this title of the outcome of the action and other informa31 tion the Secretary requires, and notification under this clause may be

32 combined with notification required under section 30118(b) of this title;

33 (2) to specify the earliest date under section 30119(b) of this title

34 on which the defect or noncompliance will be remedied without charge

35 under section 30120 of this title; and

36 (3) if notification was required under subsection (a) of this section,

37 to reimburse an owner or purchaser for reasonable and necessary ex38 penses (in an amount that is not more than the amount specified in

39 the order of the Secretary under subsection (a)) incurred for repairing

40 the defect or noncompliance during the period beginning on the date
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1 that notification was required to be issued and ending on the date the

2 owner or purchaser receives the notification under this subsection.

3 (d) VENUE.—Notwithstanding section 30163(c) of this title, a civil action

4 about an order issued under section 30118(b) of this title must be brought

5 in the United States district court for a judicial district in the State in

6 which the manufacturer is incorporated or the District of Columbia. On mo7 tion of a party, the court may transfer the action to another district court

8 if good cause is shown. All actions related to the same order under section

9 30118(b) shall be consolidated in an action in one judicial district under an

10 order of the court in which the first action was brought. If the first action

11 is transferred to another court, that court shall issue the consolidation

12 order.

13 § 30122. Making safety devices and elements inoperative

14 (a) DEFINITION.—In this section, ‘‘motor vehicle repair business’’ means

15 a person holding itself out to the public to repair for compensation a motor

16 vehicle or motor vehicle equipment.

17 (b) PROHIBITION.—A manufacturer, distributor, dealer, or motor vehicle

18 repair business may not knowingly make inoperative any part of a device

19 or element of design installed on or in a motor vehicle or motor vehicle

20 equipment in compliance with an applicable motor vehicle safety standard

21 prescribed under this chapter unless the manufacturer, distributor, dealer,

22 or repair business reasonably believes the vehicle or equipment will not be

23 used (except for testing or a similar purpose during maintenance or repair)

24 when the device or element is inoperative.

25 (c) REGULATIONS.—The Secretary of Transportation may prescribe regu26 lations—

27 (1) to exempt a person from this section if the Secretary decides the

28 exemption is consistent with motor vehicle safety and section 30101 of

29 this title; and

30 (2) to define ‘‘make inoperative’’.

31 (d) NONAPPLICATION.—This section does not apply to a safety belt inter32 lock or buzzer designed to indicate a safety belt is not in use as described

33 in section 30124 of this title.

34 § 30123. Tires

35 (a) LABELING REQUIREMENT.—The Secretary of Transportation shall re36 quire that a pneumatic tire subject to a motor vehicle safety standard pre37 scribed under this chapter be labeled permanently and conspicuously with

38 safety information the Secretary decides is necessary to carry out section

39 30101 of this title.

40 (b) CONTENTS OF LABEL.—Labeling required on a tire under subsection

41 (a) of this section shall include—
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1 (1)(A) identification of the manufacturer;

2 (B) for a retreaded tire, identification of the retreader; or

3 (C) for a tire containing a brand name (other than the name of the

4 manufacturer), a code mark allowing a seller to identify the manufac5 turer to the purchaser;

6 (2) the composition of material used in the ply of the tire;

7 (3) the number of plies in the tire;

8 (4) the maximum allowable load for the tire; and

9 (5)(A) a statement that the tire complies with minimum safe per10 formance standards prescribed under this chapter; or

11 (B) a mark or symbol the Secretary prescribes for use by a manufac12 turer or retreader complying with those standards.

13 (c) ADDITIONAL INFORMATION.—The Secretary may require that addi14 tional safety information be disclosed to a purchaser when a tire is sold.

15 (d) REGROOVED TIRE LIMITATIONS.—(1) In this subsection, ‘‘regrooved

16 tire’’ means a tire with a new tread produced by cutting into the tread of

17 a worn tire.

18 (2) The Secretary may authorize the sale, offer for sale, introduction for

19 sale, or delivery for introduction in interstate commerce, of a regrooved tire

20 or a motor vehicle equipped with regrooved tires if the Secretary decides the

21 tires are designed and made in a way consistent with section 30101 of this

22 title. A person may not sell, offer for sale, introduce for sale, or deliver for

23 introduction in interstate commerce, a regrooved tire or a vehicle equipped

24 with regrooved tires unless authorized by the Secretary.

25 (e) UNIFORM QUALITY GRADING SYSTEM, NOMENCLATURE, AND MAR26 KETING PRACTICES.—The Secretary shall prescribe through standards a

27 uniform quality grading system for motor vehicle tires to help consumers

28 make an informed choice when purchasing tires. The Secretary also shall

29 cooperate with industry and the Federal Trade Commission to the greatest

30 extent practicable to eliminate deceptive and confusing tire nomenclature

31 and marketing practices. A tire standard or regulation prescribed under this

32 chapter supersedes an order or administrative interpretation of the Commis33 sion.

34 (f) MAXIMUM LOAD STANDARDS.—The Secretary shall require a motor

35 vehicle to be equipped with tires that meet maximum load standards when

36 the vehicle is loaded with a reasonable amount of luggage and the total

37 number of passengers the vehicle is designed to carry. The vehicle shall be

38 equipped with those tires by the manufacturer or by the first purchaser

39 when the vehicle is first bought in good faith other than for resale.
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1 § 30124. Buzzers indicating nonuse of safety belts

2 A motor vehicle safety standard prescribed under this chapter may not

3 require or allow a manufacturer to comply with the standard by using a

4 safety belt interlock designed to prevent starting or operating a motor vehi5 cle if an occupant is not using a safety belt or a buzzer designed to indicate

6 a safety belt is not in use, except a buzzer that operates only during the

7 8-second period after the ignition is turned to the ‘‘start’’ or ‘‘on’’ position.

8 § 30125. Schoolbuses and schoolbus equipment

9 (a) DEFINITIONS.—In this section—

10 (1) ‘‘schoolbus’’ means a passenger motor vehicle designed to carry

11 a driver and more than 10 passengers, that the Secretary of Transpor12 tation decides is likely to be used significantly to transport preprimary,

13 primary, and secondary school students to or from school or an event

14 related to school.

15 (2) ‘‘schoolbus equipment’’ means equipment designed primarily for

16 a schoolbus or manufactured or sold to replace or improve a system,

17 part, or component of a schoolbus or as an accessory or addition to

18 a schoolbus.

19 (b) STANDARDS.—The Secretary shall prescribe motor vehicle safety

20 standards for schoolbuses and schoolbus equipment manufactured in, or im21 ported into, the United States. Standards shall include minimum perform22 ance requirements for—

23 (1) emergency exits;

24 (2) interior protection for occupants;

25 (3) floor strength;

26 (4) seating systems;

27 (5) crashworthiness of body and frame (including protection against

28 rollover hazards);

29 (6) vehicle operating systems;

30 (7) windows and windshields; and

31 (8) fuel systems.

32 (c) TEST DRIVING BY MANUFACTURERS.—The Secretary may require by

33 regulation a schoolbus to be test-driven by a manufacturer before introduc34 tion in commerce.

35 § 30126. Used motor vehicles

36 To ensure a continuing and effective national safety program, it is the

37 policy of the United States Government to encourage and strengthen State

38 inspection of used motor vehicles. Therefore, the Secretary of Transpor39 tation shall prescribe uniform motor vehicle safety standards applicable to

40 all used motor vehicles. The standards shall be stated in terms of motor ve41 hicle safety performance.
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1 § 30127. Automatic occupant crash protection and seat belt

2 use

3 (a) DEFINITIONS.—In this section—

4 (1) ‘‘bus’’ means a motor vehicle with motive power (except a trailer)

5 designed to carry more than 10 individuals.

6 (2) ‘‘multipurpose passenger vehicle’’ means a motor vehicle with

7 motive power (except a trailer), designed to carry not more than 10

8 individuals, that is constructed either on a truck chassis or with special

9 features for occasional off-road operation.

10 (3) ‘‘passenger car’’ means a motor vehicle with motive power (ex11 cept a multipurpose passenger vehicle, motorcycle, or trailer) designed

12 to carry not more than 10 individuals.

13 (4) ‘‘truck’’ means a motor vehicle with motive power (except a trail14 er) designed primarily to transport property or special purpose equip15 ment.

16 (b) INFLATABLE RESTRAINT REQUIREMENTS.—(1) Not later than Sep17 tember 1, 1993, the Secretary of Transportation shall prescribe under this

18 chapter an amendment to Federal Motor Vehicle Safety Standard 208 is19 sued under the National Traffic and Motor Vehicle Safety Act of 1966. The

20 amendment shall require that the automatic occupant crash protection sys21 tem for both of the front outboard seating positions for each of the following

22 vehicles be an inflatable restraint (with lap and shoulder belts) complying

23 with the occupant protection requirements under section 4.1.2.1 of Standard

24 208:

25 (A) 95 percent of each manufacturer’s annual production of pas26 senger cars manufactured after August 31, 1996, and before Septem27 ber 1, 1997.

28 (B) 80 percent of each manufacturer’s annual production of buses,

29 multipurpose passenger vehicles, and trucks (except walk-in van-type

30 trucks and vehicles designed to be sold only to the United States Postal

31 Service) with a gross vehicle weight rating of not more than 8,500

32 pounds and an unloaded vehicle weight of not more than 5,500 pounds

33 manufactured after August 31, 1997, and before September 1, 1998.

34 (C) 100 percent of each manufacturer’s annual production of pas35 senger cars manufactured after August 31, 1997.

36 (D) 100 percent of each manufacturer’s annual production of vehi37 cles described in clause (B) of this paragraph manufactured after Au38 gust 31, 1998.

39 (2) Manufacturers may not use credits and incentives available before

40 September 1, 1998, under the provisions of Standard 208 (as amended by
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1 this section) to comply with the requirements of paragraph (1)(D) of this

2 subsection after August 31, 1998.

3 (c) OWNER MANUAL REQUIREMENTS.—In amending Standard 208, the

4 Secretary of Transportation shall require, to be effective as soon as possible

5 after the amendment is prescribed, that owner manuals for passenger cars,

6 buses, multipurpose passenger vehicles, and trucks equipped with an inflat7 able restraint include a statement in an easily understandable format stat8 ing that—

9 (1) either or both of the front outboard seating positions of the vehi10 cle are equipped with an inflatable restraint referred to as an ‘‘airbag’’

11 and a lap and shoulder belt;

12 (2) the ‘‘airbag’’ is a supplemental restraint and is not a substitute

13 for lap and shoulder belts;

14 (3) lap and shoulder belts also must be used correctly by an occu15 pant in a front outboard seating position to provide restraint or protec16 tion from frontal crashes as well as other types of crashes or accidents;

17 and

18 (4) occupants should always wear their lap and shoulder belts, if

19 available, or other safety belts, whether or not there is an inflatable

20 restraint.

21 (d) SEAT BELT USE LAWS.—Congress finds that it is in the public inter22 est for each State to adopt and enforce mandatory seat belt use laws and

23 for the United States Government to adopt and enforce mandatory seat belt

24 use regulations.

25 (e) TEMPORARY EXEMPTIONS.—(1) On application of a manufacturer,

26 the Secretary of Transportation may exempt, on a temporary basis, motor

27 vehicles of that manufacturer from any requirement under subsections (b)

28 and (c) of this section on terms the Secretary considers appropriate. An ex29 emption may be renewed.

30 (2) The Secretary of Transportation may grant an exemption under para31 graph (1) of this subsection if the Secretary finds that there has been a

32 disruption in the supply of any component of an inflatable restraint or in

33 the use and installation of that component by the manufacturer because of

34 an unavoidable event not under the control of the manufacturer that will

35 prevent the manufacturer from meeting its anticipated production volume

36 of vehicles with those restraints.

37 (3) Only an affected manufacturer may apply for an exemption. The Sec38 retary of Transportation shall prescribe in the amendment to Standard 208

39 required under this section the information an affected manufacturer must

40 include in its application under this subsection. The manufacturer shall

41 specify in the application the models, lines, and types of vehicles affected.
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1 The Secretary may consolidate similar applications from different manufac2 turers.

3 (4) An exemption or renewal of an exemption is conditioned on the com4 mitment of the manufacturer to recall the exempted vehicles for installation

5 of the omitted inflatable restraints within a reasonable time that the manu6 facturer proposes and the Secretary of Transportation approves after the

7 components become available in sufficient quantities to satisfy both antici8 pated production and recall volume requirements.

9 (5) The Secretary of Transportation shall publish in the Federal Register

10 a notice of each application under this subsection and each decision to grant

11 or deny a temporary exemption and the reasons for the decision.

12 (6) The Secretary of Transportation shall require a label for each exempt13 ed vehicle that can be removed only after recall and installation of the re14 quired inflatable restraint. The Secretary shall require that written notice

15 of the exemption be provided to the dealer and the first purchaser of each

16 exempted vehicle other than for resale, with the notice being provided in a

17 way, and containing the information, the Secretary considers appropriate.

18 (f) APPLICATION.—(1) This section revises, but does not replace, Stand19 ard 208 as in effect on December 18, 1991, including the amendment of

20 March 26, 1991 (56 Fed. Reg. 12472), to Standard 208, extending the re21 quirements for automatic crash protection, with incentives for more innova22 tive automatic crash protection, to trucks, buses, and multipurpose pas23 senger vehicles. This section may not be construed as—

24 (A) affecting another provision of law carried out by the Secretary

25 of Transportation applicable to passenger cars, buses, multipurpose

26 passenger vehicles, or trucks; or

27 (B) establishing a precedent related to developing or prescribing a

28 Government motor vehicle safety standard.

29 (2) This section and amendments to Standard 208 made under this sec30 tion may not be construed as indicating an intention by Congress to affect

31 any liability of a motor vehicle manufacturer under applicable law related

32 to vehicles with or without inflatable restraints.

33 (g) REPORT.—(1) On October 1, 1992, and every 6 months after that

34 date through October 1, 2000, the Secretary of Transportation shall submit

35 reports on the effectiveness of occupant restraint systems expressed as a

36 percentage reduction in fatalities or injuries of restrained occupants com37 pared to unrestrained occupants for—

38 (A) a combination of inflated restraints and lap and shoulder belts;

39 (B) inflated restraints only; and

40 (C) lap and shoulder belts only.
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1 (2) In consultation with the Secretaries of Labor and Defense, the Sec2 retary of Transportation also shall provide information and analysis on lap

3 and shoulder belt use, nationally and in each State by—

4 (A) military personnel;

5 (B) Government, State, and local law enforcement officers;

6 (C) other Government and State employees; and

7 (D) the public.

8 (h) AIRBAGS FOR GOVERNMENT CARS.—In cooperation with the Adminis9 trator of General Services and the heads of appropriate departments, agen10 cies, and instrumentalities of the Government, the Secretary of Transpor11 tation shall establish a program, consistent with applicable procurement

12 laws of the Government and available appropriations, requiring that all pas13 senger cars acquired—

14 (1) after September 30, 1994, for use by the Government be

15 equipped, to the maximum extent practicable, with driver-side inflatable

16 restraints; and

17 (2) after September 30, 1996, for use by the Government be

18 equipped, to the maximum extent practicable, with inflatable restraints

19 for both front outboard seating positions.

20 SUBCHAPTER III—IMPORTING NONCOMPLYING MOTOR

21 VEHICLES AND EQUIPMENT

22 § 30141. Importing motor vehicles capable of complying with

23 standards

24 (a) GENERAL.—Section 30112(a) of this title does not apply to a motor

25 vehicle if—

26 (1) on the initiative of the Secretary of Transportation or on petition

27 of a manufacturer or importer registered under subsection (c) of this

28 section, the Secretary decides—

29 (A) the vehicle is—

30 (i) substantially similar to a motor vehicle originally manu31 factured for import into and sale in the United States;

32 (ii) certified under section 30115 of this title;

33 (iii) the same model year (as defined under regulations of

34 the Secretary of Transportation) as the model of the motor

35 vehicle it is being compared to; and

36 (iv) capable of being readily altered to comply with applica37 ble motor vehicle safety standards prescribed under this chap38 ter; or

39 (B) if there is no substantially similar United States motor vehi40 cle, the safety features of the vehicle comply with or are capable

41 of being altered to comply with those standards based on destruc-
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1 tive test information or other evidence the Secretary of Transpor2 tation decides is adequate;

3 (2) the vehicle is imported by a registered importer; and

4 (3) the registered importer pays the annual fee the Secretary of

5 Transportation establishes under subsection (e) of this section to pay

6 for the costs of carrying out the registration program for importers

7 under subsection (c) of this section and any other fees the Secretary

8 of Transportation establishes to pay for the costs of—

9 (A) processing bonds provided to the Secretary of the Treasury

10 under subsection (d) of this section; and

11 (B) making the decisions under this subchapter.

12 (b) PROCEDURES ON DECIDING ON MOTOR VEHICLE CAPABILITY.—(1)

13 The Secretary of Transportation shall establish by regulation procedures for

14 making a decision under subsection (a)(1) of this section and the informa15 tion a petitioner must provide to show clearly that the motor vehicle is capa16 ble of being brought into compliance with applicable motor vehicle safety

17 standards prescribed under this chapter. In establishing the procedures, the

18 Secretary shall provide for a minimum period of public notice and written

19 comment consistent with ensuring expeditious, but complete, consideration

20 and avoiding delay by any person. In making a decision under those proce21 dures, the Secretary shall consider test information and other information

22 available to the Secretary, including any information provided by the manu23 facturer. If the Secretary makes a negative decision, the Secretary may not

24 make another decision for the same model until at least 3 calendar months

25 have elapsed after the negative decision.

26 (2) The Secretary of Transportation shall publish each year in the Fed27 eral Register a list of all decisions made under subsection (a)(1) of this sec28 tion. Each published decision applies to the model of the motor vehicle for

29 which the decision was made. A positive decision permits another importer

30 registered under subsection (c) of this section to import a vehicle of the

31 same model under this section if the importer complies with all the terms

32 of the decision.

33 (c) REGISTRATION.—(1) The Secretary of Transportation shall establish

34 procedures for registering a person who complies with requirements pre35 scribed by the Secretary by regulation under this subsection, including—

36 (A) recordkeeping requirements;

37 (B) inspection of records and facilities related to motor vehicles the

38 person has imported, altered, or both; and

39 (C) requirements that ensure that the importer (or a successor in

40 interest) will be able technically and financially to carry out responsibil41 ities under sections 30117(b), 30118–30121, and 30166(f) of this title.
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1 (2) The Secretary of Transportation shall deny registration to a person

2 whose registration is revoked under paragraph (4) of this subsection.

3 (3) The Secretary of Transportation may deny registration to a person

4 that is or was owned or controlled by, or under common ownership or con5 trol with, a person whose registration was revoked under paragraph (4) of

6 this subsection.

7 (4) The Secretary of Transportation shall establish procedures for—

8 (A) revoking or suspending a registration issued under paragraph

9 (1) of this subsection for not complying with a requirement of this sub10 chapter or section 30112, 30115, 30117–30122, 30125(c), 30127, or

11 30166 of this title or regulations prescribed under this subchapter or

12 those sections;

13 (B) automatically suspending a registration for not paying a fee

14 under subsection (a)(3) of this section in a timely manner or for know15 ingly filing a false or misleading certification under section 30146 of

16 this title; and

17 (C) reinstating suspended registrations.

18 (d) BONDS.—(1) A person importing a motor vehicle under this section

19 shall provide a bond to the Secretary of the Treasury (acting for the Sec20 retary of Transportation) and comply with the terms the Secretary of

21 Transportation decides are appropriate to ensure that the vehicle—

22 (A) will comply with applicable motor vehicle safety standards pre23 scribed under this chapter within a reasonable time (specified by the

24 Secretary of Transportation) after the vehicle is imported; or

25 (B) will be exported (at no cost to the United States Government)

26 by the Secretary of the Treasury or abandoned to the Government.

27 (2) The amount of the bond provided under this subsection shall be at

28 least equal to the dutiable value of the motor vehicle (as determined by the

29 Secretary of the Treasury) but not more than 150 percent of that value.

30 (e) FEE REVIEW, ADJUSTMENT, AND USE.—The Secretary of Transpor31 tation shall review and make appropriate adjustments at least every 2 years

32 in the amounts of the fees required to be paid under subsection (a)(3) of

33 this section. The Secretary of Transportation shall establish the fees for

34 each fiscal year before the beginning of that year. All fees collected remain

35 available until expended without fiscal year limit to the extent provided in

36 advance by appropriation laws. The amounts are only for use by the Sec37 retary of Transportation—

38 (1) in carrying out this section and sections 30146(a)–(c)(1), (d),

39 and (e) and 30147(b) of this title; and
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1 (2) in advancing to the Secretary of the Treasury amounts for costs

2 incurred under this section and section 30146 of this title to reimburse

3 the Secretary of the Treasury for those costs.

4 § 30142. Importing motor vehicles for personal use

5 (a) GENERAL.—Section 30112(a) of this title does not apply to an im6 ported motor vehicle if—

7 (1) the vehicle is imported for personal use, and not for resale, by

8 an individual (except an individual described in sections 30143 and

9 30144 of this title);

10 (2) the vehicle is imported after January 31, 1990; and

11 (3) the individual takes the actions required under subsection (b) of

12 this section to receive an exemption.

13 (b) EXEMPTIONS.—(1) To receive an exemption under subsection (a) of

14 this section, an individual must—

15 (A) provide the Secretary of the Treasury (acting for the Secretary

16 of Transportation) with—

17 (i) an appropriate bond in an amount determined under section

18 30141(d) of this title;

19 (ii) a copy of an agreement with an importer registered under

20 section 30141(c) of this title for bringing the motor vehicle into

21 compliance with applicable motor vehicle safety standards pre22 scribed under this chapter; and

23 (iii) a certification that the vehicle meets the requirement of sec24 tion 30141(a)(1)(A) or (B) of this title; and

25 (B) comply with appropriate terms the Secretary of Transportation

26 imposes to ensure that the vehicle—

27 (i) will be brought into compliance with those standards within

28 a reasonable time (specified by the Secretary of Transportation)

29 after the vehicle is imported; or

30 (ii) will be exported (at no cost to the United States Govern31 ment) by the Secretary of the Treasury or abandoned to the Gov32 ernment.

33 (2) For good cause shown, the Secretary of Transportation may allow an

34 individual additional time, but not more than 30 days after the day on

35 which the motor vehicle is offered for import, to comply with paragraph

36 (1)(A)(ii) of this subsection.

37 § 30143. Motor vehicles imported by individuals employed

38 outside the United States

39 (a) DEFINITION.—In this section, ‘‘assigned place of employment’’

40 means—
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1 (1) the principal location at which an individual is permanently or

2 indefinitely assigned to work; and

3 (2) for a member of the uniformed services, the individual’s perma4 nent duty station.

5 (b) GENERAL.—Section 30112(a) of this title does not apply to a motor

6 vehicle imported for personal use, and not for resale, by an individual—

7 (1) whose assigned place of employment was outside the United

8 States as of October 31, 1988, and who has not had an assigned place

9 of employment in the United States from that date through the date

10 the vehicle is imported into the United States;

11 (2) who previously had not imported a motor vehicle into the United

12 States under this section or section 108(g) of the National Traffic and

13 Motor Vehicle Safety Act of 1966 or, before October 31, 1988, under

14 section 108(b)(3) of that Act;

15 (3) who acquired, or made a binding contract to acquire, the vehicle

16 before October 31, 1988;

17 (4) who imported the vehicle into the United States not later than

18 October 31, 1992; and

19 (5) who satisfies section 108(b)(3) of that Act as in effect on Octo20 ber 30, 1988.

21 (c) CERTIFICATION.—Subsection (b) of this section is carried out by cer22 tification in the form the Secretary of Transportation or the Secretary of

23 the Treasury may prescribe.

24 § 30144. Importing motor vehicles on a temporary basis

25 (a) GENERAL.—Section 30112(a) of this title does not apply to a motor

26 vehicle imported on a temporary basis for personal use by an individual who

27 is a member of—

28 (1)(A) the personnel of the government of a foreign country on as29 signment in the United States or a member of the Secretariat of a pub30 lic international organization designated under the International Orga31 nization Immunities Act (22 U.S.C. 288 et seq.); and

32 (B) the class of individuals for whom the Secretary of State has au33 thorized free importation of motor vehicles; or

34 (2) the armed forces of a foreign country on assignment in the Unit35 ed States.

36 (b) VERIFICATION.—The Secretary of Transportation or the Secretary of

37 the Treasury may require verification, that the Secretary of Transportation

38 considers appropriate, that an individual is a member described under sub39 section (a) of this section. The Secretary of Transportation shall ensure that

40 a motor vehicle imported under this section will be exported (at no cost to
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1 the United States Government) or abandoned to the Government when the

2 individual no longer—

3 (1) resides in the United States; and

4 (2) is a member described under subsection (a) of this section.

5 (c) SALE IN THE UNITED STATES.—A motor vehicle imported under this

6 section may not be sold when in the United States.

7 § 30145. Importing motor vehicles or equipment requiring

8 further manufacturing

9 Section 30112(a) of this title does not apply to a motor vehicle or motor

10 vehicle equipment if the vehicle or equipment—

11 (1) requires further manufacturing to perform its intended function

12 as decided under regulations prescribed by the Secretary of Transpor13 tation; and

14 (2) is accompanied at the time of importation by a written statement

15 issued by the manufacturer indicating the applicable motor vehicle safe16 ty standard prescribed under this chapter with which it does not com17 ply.

18 § 30146. Release of motor vehicles and bonds

19 (a) COMPLIANCE CERTIFICATION AND BOND.—(1) Except as provided in

20 subsections (c) and (d) of this section, an importer registered under section

21 30141(c) of this title may license or register an imported motor vehicle for

22 use on public streets, roads, or highways, or release custody of a motor vehi23 cle imported by the registered importer or imported by an individual under

24 section 30142 of this title and altered by the registered importer to meet

25 applicable motor vehicle safety standards prescribed under this chapter to

26 a person for license or registration for use on public streets, roads, or high27 ways, only after 30 days after the registered importer certifies to the Sec28 retary of Transportation, in the way the Secretary prescribes, that the

29 motor vehicle complies with each standard prescribed in the year the vehicle

30 was manufactured and that applies in that year to that vehicle. A vehicle

31 may not be released if the Secretary gives written notice before the end of

32 the 30-day period that the Secretary will inspect the vehicle under sub33 section (c) of this section.

34 (2) The Secretaries of Transportation and the Treasury shall prescribe

35 regulations—

36 (A) ensuring the release of a motor vehicle and bond required under

37 section 30141(d) of this title at the end of the 30-day period, unless

38 the Secretary of Transportation issues a notice of an inspection under

39 subsection (c) of this section; and

40 (B) providing that the Secretary of Transportation shall release the

41 vehicle and bond promptly after an inspection under subsection (c) of
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1 this section showing compliance with the standards applicable to the ve2 hicle.

3 (3) Each registered importer shall include on each motor vehicle released

4 under this subsection a label prescribed by the Secretary of Transportation

5 identifying the importer and stating that the vehicle has been altered by the

6 importer to comply with the standards applicable to the vehicle.

7 (b) RELIANCE ON MANUFACTURER’S CERTIFICATION.—In making a cer8 tification under subsection (a)(1) of this section, the registered importer

9 may rely on the manufacturer’s certification for the model to which the

10 motor vehicle involved is substantially similar if the importer certifies that

11 any alteration made by the importer did not affect the compliance of the

12 safety features of the vehicle and the importer keeps records verifying the

13 certification for the period the Secretary of Transportation prescribes.

14 (c) EVIDENCE OF COMPLIANCE.—(1) The Secretary of Transportation

15 may require that the certification under subsection (a)(1) of this section be

16 accompanied by evidence of compliance the Secretary considers appropriate

17 or may inspect the certified motor vehicle, or both. If the Secretary gives

18 notice of an inspection, an importer may release the vehicle only after—

19 (A) an inspection showing the motor vehicle complies with applicable

20 motor vehicle safety standards prescribed under this chapter for which

21 the inspection was made; and

22 (B) release of the vehicle by the Secretary.

23 (2) The Secretary of Transportation shall inspect periodically a represent24 ative number of motor vehicles for which certifications have been filed under

25 subsection (a)(1) of this section. In carrying out a motor vehicle testing pro26 gram under this chapter, the Secretary shall include a representative num27 ber of motor vehicles for which certifications have been filed under sub28 section (a)(1).

29 (d) CHALLENGING THE CERTIFICATION.—A motor vehicle or bond may

30 not be released under subsection (a) of this section if the Secretary of

31 Transportation, not later than 30 days after receiving a certification under

32 subsection (a)(1) of this section, gives written notice that the Secretary be33 lieves or has reason to believe that the certification is false or contains a

34 mispresentation. The vehicle and bond may be released only after the Sec35 retary is satisfied with the certification and any modification of the certifi36 cation.

37 (e) BOND RELEASE.—A release of a bond required under section

38 30141(d) of this title is deemed an acceptance of a certification or comple39 tion of an inspection under this section but is not a decision by the Sec40 retary of Transportation under section 30118(a) or (b) of this title of com-
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1 pliance with applicable motor vehicle safety standards prescribed under this

2 chapter.

3 § 30147. Responsibility for defects and noncompliance

4 (a) DEEMING DEFECT OR NONCOMPLIANCE TO CERTAIN VEHICLES AND

5 IMPORTER AS MANUFACTURER.—(1) In carrying out sections 30117(b),

6 30118–30121, and 30166(f) of this title—

7 (A) for a defect or noncompliance with an applicable motor vehicle

8 safety standard prescribed under this chapter for a motor vehicle origi9 nally manufactured for import into the United States, an imported

10 motor vehicle having a valid certification under section 30146(a)(1) of

11 this title and decided to be substantially similar to that motor vehicle

12 shall be deemed as having the same defect or as not complying with

13 the same standard unless the manufacturer or importer registered

14 under section 30141(c) of this title demonstrates otherwise to the Sec15 retary of Transportation; and

16 (B) the registered importer shall be deemed to be the manufacturer

17 of any motor vehicle that the importer imports or brings into compli18 ance with the standards for an individual under section 30142 of this

19 title.

20 (2) The Secretary shall publish in the Federal Register notice of any de21 fect or noncompliance under paragraph (1)(A) of this subsection.

22 (b) FINANCIAL RESPONSIBILITY REQUIREMENT.—The Secretary shall re23 quire by regulation each registered importer (including any successor in in24 terest) to provide and maintain evidence, satisfactory to the Secretary, of

25 sufficient financial responsibility to meet its obligations under sections

26 30117(b), 30118–30121, and 30166(f) of this title.

27 SUBCHAPTER IV—ENFORCEMENT AND ADMINISTRATIVE

28 § 30161. Judicial review of standards

29 (a) FILING AND VENUE.—A person adversely affected by an order pre30 scribing a motor vehicle safety standard under this chapter may apply for

31 review of the order by filing a petition for review in the court of appeals

32 of the United States for the circuit in which the person resides or has its

33 principal place of business. The petition must be filed not later than 59 days

34 after the order is issued.

35 (b) NOTIFYING SECRETARY.—The clerk of the court shall send imme36 diately a copy of the petition to the Secretary of Transportation. The Sec37 retary shall file with the court a record of the proceeding in which the order

38 was prescribed.

39 (c) ADDITIONAL PROCEEDINGS.—(1) On request of the petitioner, the

40 court may order the Secretary to receive additional evidence and evidence

41 in rebuttal if the court is satisfied that the additional evidence is material
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1 and there were reasonable grounds for not presenting the evidence in the

2 proceeding before the Secretary.

3 (2) The Secretary may modify findings of fact or make new findings be4 cause of the additional evidence presented. The Secretary shall file a modi5 fied or new finding, a recommendation to modify or set aside the order, and

6 the additional evidence with the court.

7 (d) CERTIFIED COPIES OF RECORDS OF PROCEEDINGS.—The Secretary

8 shall give any interested person a certified copy of the transcript of the

9 record in a proceeding under this section on request and payment of costs.

10 A certified copy of the record of the proceeding is admissible in a proceeding

11 arising out of a matter under this chapter, regardless of whether the pro12 ceeding under this section has begun or becomes final.

13 (e) FINALITY OF JUDGMENT AND SUPREME COURT REVIEW.—A judg14 ment of a court under this section is final and may be reviewed only by

15 the Supreme Court under section 1254 of title 28.

16 § 30162. Petitions by interested persons for standards and

17 enforcement

18 (a) FILING.—Any interested person may file a petition with the Secretary

19 of Transportation requesting the Secretary to begin a proceeding—

20 (1) to prescribe a motor vehicle safety standard under this chapter;

21 or

22 (2) to decide whether to issue an order under section 30118(b) of

23 this title.

24 (b) STATEMENT OF FACTS.—The petition must state facts that the per25 son claims establish that a motor vehicle safety standard or order referred

26 to in subsection (a) of this section is necessary and briefly describe the

27 order the Secretary should issue.

28 (c) PROCEEDINGS.—The Secretary may hold a public hearing or conduct

29 an investigation or proceeding to decide whether to grant the petition.

30 (d) ACTIONS OF SECRETARY.—The Secretary shall grant or deny a peti31 tion not later than 120 days after the petition is filed. If a petition is grant32 ed, the Secretary shall begin the proceeding promptly. If a petition is de33 nied, the Secretary shall publish the reasons for the denial in the Federal

34 Register.

35 § 30163. Actions by the Attorney General

36 (a) CIVIL ACTIONS TO ENFORCE.—The Attorney General may bring a

37 civil action in a United States district court to enjoin—

38 (1) a violation of this chapter or a regulation prescribed or order is39 sued under this chapter; and

40 (2) the sale, offer for sale, or introduction or delivery for introduc41 tion, in interstate commerce, or the importation into the United States,
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1 of a motor vehicle or motor vehicle equipment for which it is decided,

2 before the first purchase in good faith other than for resale, that the

3 vehicle or equipment—

4 (A) contains a defect related to motor vehicle safety about which

5 notice was given under section 30118(c) of this title or an order

6 was issued under section 30118(b) of this title; or

7 (B) does not comply with an applicable motor vehicle safety

8 standard prescribed under this chapter.

9 (b) PRIOR NOTICE.—When practicable, the Secretary of Transportation

10 shall notify a person against whom a civil action under subsection (a) of

11 this section is planned, give the person an opportunity to present that per12 son’s views, and, except for a knowing and willful violation of this chapter,

13 give the person a reasonable opportunity to remedy the defect or comply

14 with the applicable motor vehicle safety standard prescribed under this

15 chapter. Failure to give notice and an opportunity to remedy the defect or

16 comply with the applicable motor vehicle safety standard prescribed under

17 this chapter does not prevent a court from granting appropriate relief.

18 (c) VENUE.—Except as provided in section 30121(d) of this title, a civil

19 action under this section or section 30165(a) of this title may be brought

20 in the judicial district in which the violation occurred or the defendant is

21 found, resides, or does business. Process in the action may be served in any

22 other judicial district in which the defendant resides or is found.

23 (d) JURY TRIAL DEMAND.—In a trial for criminal contempt for violating

24 an injunction or restraining order issued under subsection (a) of this sec25 tion, the violation of which is also a violation of this chapter, the defendant

26 may demand a jury trial. The defendant shall be tried as provided in rule

27 42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.).

28 (e) SUBPENAS FOR WITNESSES.—In a civil action brought under this sec29 tion, a subpena for a witness may be served in any judicial district.

30 § 30164. Service of process

31 (a) DESIGNATING AGENTS.—A manufacturer offering a motor vehicle or

32 motor vehicle equipment for import shall designate an agent on whom serv33 ice of notices and process in administrative and judicial proceedings may be

34 made. The designation shall be in writing and filed with the Secretary of

35 Transportation. The designation may be changed in the same way as origi36 nally made.

37 (b) SERVICE.—An agent may be served at the agent’s office or usual

38 place of residence. Service on the agent is deemed to be service on the man39 ufacturer. If a manufacturer does not designate an agent, service may be

40 made by posting the notice or process in the office of the Secretary.
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1 § 30165. Civil penalty

2 (a) PENALTY.—A person that violates section 30112, 30115, 30117–

3 30122, 30123(d), 30125(c), 30127, 30141–30147, or 30166 of this title or

4 a regulation prescribed under those sections is liable to the United States

5 Government for a civil penalty of not more than $1,000 for each violation.

6 A separate violation occurs for each motor vehicle or item of motor vehicle

7 equipment and for each failure or refusal to allow or perform an act re8 quired by those sections. The maximum penalty under this subsection for

9 a related series of violations is $800,000.

10 (b) COMPROMISE AND SETOFF.—(1) The Secretary of Transportation

11 may compromise the amount of a civil penalty imposed under this section.

12 (2) The Government may deduct the amount of a civil penalty imposed

13 or compromised under this section from amounts it owes the person liable

14 for the penalty.

15 (c) CONSIDERATIONS.—In determining the amount of a civil penalty or

16 compromise, the appropriateness of the penalty or compromise to the size

17 of the business of the person charged and the gravity of the violation shall

18 be considered.

19 (d) SUBPENAS FOR WITNESSES.—In a civil action brought under this sec20 tion, a subpena for a witness may be served in any judicial district.

21 § 30166. Inspections, investigations, and records

22 (a) DEFINITION.—In this section, ‘‘motor vehicle accident’’ means an oc23 currence associated with the maintenance or operation of a motor vehicle

24 or motor vehicle equipment resulting in personal injury, death, or property

25 damage.

26 (b) AUTHORITY TO INSPECT AND INVESTIGATE.—(1) The Secretary of

27 Transportation may conduct an inspection or investigation—

28 (A) that may be necessary to enforce this chapter or a regulation

29 prescribed or order issued under this chapter; or

30 (B) related to a motor vehicle accident and designed to carry out this

31 chapter.

32 (2) The Secretary of Transportation shall cooperate with State and local

33 officials to the greatest extent possible in an inspection or investigation

34 under paragraph (1)(B) of this subsection.

35 (c) MATTERS THAT CAN BE INSPECTED AND IMPOUNDMENT.—In carry36 ing out this chapter, an officer or employee designated by the Secretary of

37 Transportation—

38 (1) at reasonable times, may inspect and copy any record related to

39 this chapter;

40 (2) on request, may inspect records of a manufacturer, distributor,

41 or dealer to decide whether the manufacturer, distributor, or dealer has
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1 complied or is complying with this chapter or a regulation prescribed

2 or order issued under this chapter; and

3 (3) at reasonable times, in a reasonable way, and on display of prop4 er credentials and written notice to an owner, operator, or agent in

5 charge, may—

6 (A) enter and inspect with reasonable promptness premises in

7 which a motor vehicle or motor vehicle equipment is manufactured,

8 held for introduction in interstate commerce, or held for sale after

9 introduction in interstate commerce;

10 (B) enter and inspect with reasonable promptness premises at

11 which a vehicle or equipment involved in a motor vehicle accident

12 is located;

13 (C) inspect with reasonable promptness that vehicle or equip14 ment; and

15 (D) impound for not more than 72 hours a vehicle or equipment

16 involved in a motor vehicle accident.

17 (d) REASONABLE COMPENSATION.—When a motor vehicle (except a vehi18 cle subject to subchapter II of chapter 105 of this title) or motor vehicle

19 equipment is inspected or temporarily impounded under subsection (c)(3) of

20 this section, the Secretary of Transportation shall pay reasonable compensa21 tion to the owner of the vehicle if the inspection or impoundment results

22 in denial of use, or reduction in value, of the vehicle.

23 (e) RECORDS AND MAKING REPORTS.—The Secretary of Transportation

24 reasonably may require a manufacturer of a motor vehicle or motor vehicle

25 equipment to keep records, and a manufacturer, distributor, or dealer to

26 make reports, to enable the Secretary to decide whether the manufacturer,

27 distributor, or dealer has complied or is complying with this chapter or a

28 regulation prescribed or order issued under this chapter. This subsection

29 does not impose a recordkeeping requirement on a distributor or dealer in

30 addition to those imposed under subsection (f) of this section and section

31 30117(b) of this title or a regulation prescribed or order issued under sub32 section (f) or section 30117(b).

33 (f) PROVIDING COPIES OF COMMUNICATIONS ABOUT DEFECTS AND NON34 COMPLIANCE.—A manufacturer shall give the Secretary of Transportation

35 a true or representative copy of each communication to the manufacturer’s

36 dealers or to owners or purchasers of a motor vehicle or replacement equip37 ment produced by the manufacturer about a defect or noncompliance with

38 a motor vehicle safety standard prescribed under this chapter in a vehicle

39 or equipment that is sold or serviced.
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1 (g) ADMINISTRATIVE AUTHORITY ON REPORTS, ANSWERS, AND HEAR2 INGS.—(1) In carrying out this chapter, the Secretary of Transportation

3 may—

4 (A) require, by general or special order, any person to file reports

5 or answers to specific questions, including reports or answers under

6 oath; and

7 (B) conduct hearings, administer oaths, take testimony, and require

8 (by subpena or otherwise) the appearance and testimony of witnesses

9 and the production of records the Secretary considers advisable.

10 (2) A witness summoned under this subsection is entitled to the same fee

11 and mileage the witness would have been paid in a court of the United

12 States.

13 (h) CIVIL ACTIONS TO ENFORCE AND VENUE.—A civil action to enforce

14 a subpena or order under subsection (g) of this section may be brought in

15 the United States district court for the judicial district in which the pro16 ceeding is conducted. The court may punish a failure to obey an order of

17 the court to comply with a subpena or order as a contempt of court.

18 (i) GOVERNMENTAL COOPERATION.—The Secretary of Transportation

19 may request a department, agency, or instrumentality of the United States

20 Government to provide records the Secretary considers necessary to carry

21 out this chapter. The head of the department, agency, or instrumentality

22 shall provide the record on request, may detail personnel on a reimbursable

23 basis, and otherwise shall cooperate with the Secretary. This subsection does

24 not affect a law limiting the authority of a department, agency, or instru25 mentality to provide information to another department, agency, or instru26 mentality.

27 (j) COOPERATION OF SECRETARY.—The Secretary of Transportation may

28 advise, assist, and cooperate with departments, agencies, and instrumental29 ities of the Government, States, and other public and private agencies in

30 developing a method for inspecting and testing to determine compliance with

31 a motor vehicle safety standard.

32 (k) PROVIDING INFORMATION.—The Secretary of Transportation shall

33 provide the Attorney General and, when appropriate, the Secretary of the

34 Treasury, information obtained that indicates a violation of this chapter or

35 a regulation prescribed or order issued under this chapter.

36 § 30167. Disclosure of information by the Secretary of Trans37 portation

38 (a) CONFIDENTIALITY OF INFORMATION.—Information obtained under

39 this chapter related to a confidential matter referred to in section 1905 of

40 title 18 may be disclosed only in the following ways:

41 (1) to other officers and employees carrying out this chapter.
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1 (2) when relevant to a proceeding under this chapter.

2 (3) to the public if the confidentiality of the information is preserved.

3 (4) to the public when the Secretary of Transportation decides that

4 disclosure is necessary to carry out section 30101 of this title.

5 (b) DEFECT AND NONCOMPLIANCE INFORMATION.—Subject to subsection

6 (a) of this section, the Secretary shall disclose information obtained under

7 this chapter related to a defect or noncompliance that the Secretary decides

8 will assist in carrying out sections 30117(b) and 30118–30121 of this title

9 or that is required to be disclosed under section 30118(a) of this title. A

10 requirement to disclose information under this subsection is in addition to

11 the requirements of section 552 of title 5.

12 (c) INFORMATION ABOUT MANUFACTURER’S INCREASED COSTS.—A

13 manufacturer opposing an action of the Secretary under this chapter be14 cause of increased cost shall submit to the Secretary information about the

15 increased cost, including the manufacturer’s cost and the cost to retail pur16 chasers, that allows the public and the Secretary to evaluate the manufac17 turer’s statement. The Secretary shall evaluate the information promptly

18 and, subject to subsection (a) of this section, shall make the information

19 and evaluation available to the public. The Secretary shall publish a notice

20 in the Federal Register that the information is available.

21 (d) WITHHOLDING INFORMATION FROM CONGRESS.—This section does

22 not authorize information to be withheld from a committee of Congress au23 thorized to have the information.

24 § 30168. Research, testing, development, and training

25 (a) GENERAL AUTHORITY.—(1) The Secretary of Transportation shall

26 conduct research, testing, development, and training necessary to carry out

27 this chapter. The research, development, testing, and training shall in28 clude—

29 (A) collecting information to determine the relationship between

30 motor vehicle or motor vehicle equipment performance characteristics

31 and—

32 (i) accidents involving motor vehicles; and

33 (ii) the occurrence of death or personal injury resulting from

34 those accidents;

35 (B) obtaining experimental and other motor vehicles and motor vehi36 cle equipment for research or testing; and

37 (C) selling or otherwise disposing of test motor vehicles and motor

38 vehicle equipment and crediting the proceeds to current appropriations

39 available to carry out this chapter.

40 (2) The Secretary may carry out this subsection through grants to States,

41 interstate authorities, and nonprofit institutions.
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1 (b) USE OF PUBLIC AGENCIES.—In carrying out this chapter, the Sec2 retary shall use the services, research, and testing facilities of public agen3 cies to the maximum extent practicable to avoid duplication.

4 (c) FACILITIES.—The Secretary may plan, design, and build a new facil5 ity or modify an existing facility to conduct research, development, and test6 ing in traffic safety, highway safety, and motor vehicle safety. An expendi7 ture of more than $100,000 for planning, design, or construction may be

8 made only if the planning, design, or construction is approved by substan9 tially similar resolutions by the Committees on Energy and Commerce and

10 Public Works and Transportation of the House of Representatives and the

11 Committees on Commerce, Science, and Transportation and Environment

12 and Public Works of the Senate. To obtain that approval, the Secretary

13 shall submit to Congress a prospectus on the proposed facility. The prospec14 tus shall include—

15 (1) a brief description of the facility being planned, designed, or

16 built;

17 (2) the location of the facility;

18 (3) an estimate of the maximum cost of the facility;

19 (4) a statement identifying private and public agencies that will use

20 the facility and the contribution each agency will make to the cost of

21 the facility; and

22 (5) a justification of the need for the facility.

23 (d) INCREASING COSTS OF APPROVED FACILITIES.—The estimated maxi24 mum cost of a facility approved under subsection (c) of this section may

25 be increased by an amount equal to the percentage increase in construction

26 costs from the date the prospectus is submitted to Congress. However, the

27 increase in the cost of the facility may not be more than 10 percent of the

28 estimated maximum cost included in the prospectus. The Secretary shall de29 cide what increase in construction costs has occurred.

30 (e) AVAILABILITY OF INFORMATION, PATENTS, AND DEVELOPMENTS.—

31 When the United States Government makes more than a minimal contribu32 tion to a research or development activity under this chapter, the Secretary

33 shall include in the arrangement for the activity a provision to ensure that

34 all information, patents, and developments related to the activity are avail35 able to the public. However, the owner of a background patent may not be

36 deprived of a right under the patent.

37 § 30169. Annual reports

38 (a) GENERAL REPORT.—The Secretary of Transportation shall submit to

39 the President to submit to Congress on July 1 of each year a report on

40 the administration of this chapter for the prior calendar year. The report

41 shall include—
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1 (1) a thorough statistical compilation of accidents and injuries;

2 (2) motor vehicle safety standards in effect or prescribed under this

3 chapter;

4 (3) the degree of observance of the standards;

5 (4) a summary of current research grants and contracts and a de6 scription of the problems to be considered under those grants and con7 tracts;

8 (5) an analysis and evaluation of research activities completed and

9 technological progress achieved;

10 (6) enforcement actions;

11 (7) the extent to which technical information was given the scientific

12 community and consumer-oriented information was made available to

13 the public; and

14 (8) recommendations for legislation needed to promote cooperation

15 among the States in improving traffic safety and strengthening the na16 tional traffic safety program.

17 (b) REPORT ON IMPORTING MOTOR VEHICLES.—Not later than 18

18 months after regulations are first prescribed under section 2(e)(1)(B) of the

19 Imported Vehicle Safety Compliance Act of 1988, the Secretary shall submit

20 to Congress a report of the actions taken to carry out subchapter III of

21 this chapter and the effectiveness of those actions, including any testing by

22 the Secretary under section 30146(c)(2) of this title. After the first report,

23 the Secretary shall submit a report to Congress under this subsection not

24 later than July 31 of each year.

25 CHAPTER 303—NATIONAL DRIVER REGISTER

Sec.

30301. Definitions.

30302. National Driver Register.

30303. State participation.

30304. Reports by chief driver licensing officials.

30305. Access to Register information.

30306. National Driver Register Advisory Committee.

30307. Criminal penalties.

30308. Authorization of appropriations.

26 § 30301. Definitions

27 In this chapter—

28 (1) ‘‘alcohol’’ has the same meaning given that term in regulations

29 prescribed by the Secretary of Transportation.

30 (2) ‘‘chief driver licensing official’’ means the official in a State who

31 is authorized to—

32 (A) maintain a record about a motor vehicle operator’s license

33 issued by the State; and

34 (B) issue, deny, revoke, suspend, or cancel a motor vehicle oper35 ator’s license issued by the State.
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1 (3) ‘‘controlled substance’’ has the same meaning given that term in

2 section 102 of the Comprehensive Drug Abuse Prevention and Control

3 Act of 1970 (21 U.S.C. 802).

4 (4) ‘‘motor vehicle’’ means a vehicle, machine, tractor, trailer, or

5 semitrailer propelled or drawn by mechanical power and used on public

6 streets, roads, or highways, but does not include a vehicle operated only

7 on a rail line.

8 (5) ‘‘motor vehicle operator’s license’’ means a license issued by a

9 State authorizing an individual to operate a motor vehicle on public

10 streets, roads, or highways.

11 (6) ‘‘participating State’’ means a State that has notified the Sec12 retary under section 30303 of this title of its participation in the Na13 tional Driver Register.

14 (7) ‘‘State’’ means a State of the United States, the District of Co15 lumbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the

16 Northern Mariana Islands, the Trust Territory of the Pacific Islands,

17 and any other territory or possession of the United States.

18 (8) ‘‘State of record’’ means a State that has given the Secretary

19 a report under section 30304 of this title about an individual who is

20 the subject of a request for information made under section 30305 of

21 this title.

22 § 30302. National Driver Register

23 (a) ESTABLISHMENT AND CONTENTS.—The Secretary of Transportation

24 shall establish as soon as practicable and maintain a National Driver Reg25 ister to assist chief driver licensing officials of participating States in ex26 changing information about the motor vehicle driving records of individuals.

27 The Register shall contain an index of the information reported to the Sec28 retary under section 30304 of this title. The Register shall enable the Sec29 retary (electronically or, until all States can participate electronically, by

30 United States mail)—

31 (1) to receive information submitted under section 30304 of this title

32 by the chief driver licensing official of a State of record;

33 (2) to receive a request for information made by the chief driver li34 censing official of a participating State under section 30305 of this

35 title;

36 (3) to refer the request to the chief driver licensing official of a State

37 of record; and

38 (4) in response to the request, to relay information provided by a

39 chief driver licensing official of a State of record to the chief driver li40 censing official of a participating State, without interception of the in41 formation.
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1 (b) ACCURACY OF INFORMATION.—The Secretary is not responsible for

2 the accuracy of information relayed to the chief driver licensing official of

3 a participating State. However, the Secretary shall maintain the Register

4 in a way that ensures against inadvertent alteration of information during

5 a relay.

6 (c) TRANSITION FROM PRIOR REGISTER.—(1) The Secretary shall pro7 vide by regulation for the orderly transition from the register maintained

8 under the Act of July 14, 1960 (Public Law 86–660, 74 Stat. 526), as re9 stated by section 401 of the National Traffic and Motor Vehicle Safety Act

10 of 1966 (Public Law 89–563, 80 Stat. 730), to the Register maintained

11 under this chapter.

12 (2)(A) The Secretary shall delete from the Register a report or informa13 tion that was compiled under the Act of July 14, 1960 (Public Law 86–

14 660, 74 Stat. 526), as restated by section 401 of the National Traffic and

15 Motor Vehicle Safety Act of 1966 (Public Law 89–563, 80 Stat. 730), and

16 transferred to the Register, after the earlier of—

17 (i) the date the State of record removes it from the State’s file;

18 (ii) 7 years after the date the report or information is entered in the

19 Register; or

20 (iii) the date a fully electronic Register system is established.

21 (B) The report or information shall be disposed of under chapter 33 of

22 title 44.

23 (3) If the chief driver licensing official of a participating State finds that

24 information provided for inclusion in the Register is erroneous or is related

25 to a conviction of a traffic offense that subsequently is reversed, the official

26 immediately shall notify the Secretary. The Secretary shall provide for the

27 immediate deletion of the information from the Register.

28 (d) ASSIGNMENT OF PERSONNEL.—In carrying out this chapter, the Sec29 retary shall assign personnel necessary to ensure the effective operation of

30 the Register.

31 § 30303. State participation

32 (a) NOTIFICATION.—A State may become a participating State under this

33 chapter by notifying the Secretary of Transportation of its intention to be

34 bound by section 30304 of this title.

35 (b) WITHDRAWAL.—A participating State may end its status as a partici36 pating State by notifying the Secretary of its withdrawal from participation

37 in the National Driver Register.

38 (c) FORM AND WAY OF NOTIFICATION.—Notification by a State under

39 this section shall be made in the form and way the Secretary prescribes by

40 regulation.
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1 § 30304. Reports by chief driver licensing officials

2 (a) INDIVIDUALS COVERED.—As soon as practicable, the chief driver li3 censing official of each participating State shall submit to the Secretary of

4 Transportation a report containing the information specified by subsection

5 (b) of this section for each individual—

6 (1) who is denied a motor vehicle operator’s license by that State for

7 cause;

8 (2) whose motor vehicle operator’s license is revoked, suspended, or

9 canceled by that State for cause; or

10 (3) who is convicted under the laws of that State of any of the fol11 lowing motor vehicle-related offenses or comparable offenses:

12 (A) operating a motor vehicle while under the influence of, or

13 impaired by, alcohol or a controlled substance.

14 (B) a traffic violation arising in connection with a fatal traffic

15 accident, reckless driving, or racing on the highways.

16 (C) failing to give aid or provide identification when involved in

17 an accident resulting in death or personal injury.

18 (D) perjury or knowingly making a false affidavit or statement

19 to officials about activities governed by a law or regulation on the

20 operation of a motor vehicle.

21 (b) CONTENTS.—(1) Except as provided in paragraph (2) of this sub22 section, a report under subsection (a) of this section shall contain—

23 (A) the individual’s legal name, date of birth, sex, and, at the Sec24 retary’s discretion, height, weight, and eye and hair color;

25 (B) the name of the State providing the information; and

26 (C) the social security account number if used by the State for driver

27 record or motor vehicle license purposes, and the motor vehicle opera28 tor’s license number if different from the social security account num29 ber.

30 (2) A report under subsection (a) of this section about an event that oc31 curs during the 2-year period before the State becomes a participating State

32 is sufficient if the report contains all of the information that is available

33 to the chief driver licensing official when the State becomes a participating

34 State.

35 (c) TIME FOR FILING.—If a report under subsection (a) of this section

36 is about an event that occurs—

37 (1) during the 2-year period before the State becomes a participating

38 State, the report shall be submitted not later than 6 months after the

39 State becomes a participating State; or

40 (2) after the State becomes a participating State, the report shall

41 be submitted not later than 31 days after the motor vehicle department
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1 of the State receives any information specified in subsection (b)(1) of

2 this section that is the subject of the report.

3 (d) EVENTS OCCURRING BEFORE PARTICIPATION.—This section does not

4 require a State to report information about an event that occurs before the

5 2-year period before the State becomes a participating State.

6 § 30305. Access to Register information

7 (a) REFERRALS OF INFORMATION REQUESTS.—(1) To carry out duties

8 related to driver licensing, driver improvement, or transportation safety, the

9 chief driver licensing official of a participating State may request the Sec10 retary of Transportation to refer, electronically or by United States mail,

11 a request for information about the motor vehicle driving record of an indi12 vidual to the chief driver licensing official of a State of record.

13 (2) The Secretary of Transportation shall relay, electronically or by Unit14 ed States mail, information received from the chief driver licensing official

15 of a State of record in response to a request under paragraph (1) of this

16 subsection to the chief driver licensing official of the participating State re17 questing the information. However, the Secretary may refuse to relay infor18 mation to the chief driver licensing official of a participating State that does

19 not comply with section 30304 of this title.

20 (b) REQUESTS TO OBTAIN INFORMATION.—(1) The Chairman of the Na21 tional Transportation Safety Board and the Administrator of the Federal

22 Highway Administration may request the chief driver licensing official of a

23 State to obtain information under subsection (a) of this section about an

24 individual who is the subject of an accident investigation conducted by the

25 Board or the Administrator. The Chairman and the Administrator may re26 ceive the information.

27 (2) An individual who is employed, or is seeking employment, as a driver

28 of a motor vehicle may request the chief driver licensing official of the State

29 in which the individual is employed or seeks employment to provide informa30 tion about the individual under subsection (a) of this section to the individ31 ual’s employer or prospective employer. An employer or prospective em32 ployer may receive the information and shall make the information available

33 to the individual. Information may not be obtained from the National Driver

34 Register under this paragraph if the information was entered in the Reg35 ister more than 3 years before the request.

36 (3) An individual who has received, or is applying for, an airman’s certifi37 cate may request the chief driver licensing official of a State to provide in38 formation about the individual under subsection (a) of this section to the

39 Administrator of the Federal Aviation Administration. The Administrator

40 may receive the information and shall make the information available to the

41 individual for review and written comment. The Administrator may use the
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1 information to verify information required to be reported to the Adminis2 trator by an airman applying for an airman medical certificate and to evalu3 ate whether the airman meets the minimum standards prescribed by the Ad4 ministrator to be issued an airman medical certificate. The Administrator

5 may not otherwise divulge or use the information. Information may not be

6 obtained from the Register under this paragraph if the information was en7 tered in the Register more than 3 years before the request, unless the infor8 mation is about a revocation or suspension still in effect on the date of the

9 request.

10 (4) An individual who is employed, or is seeking employment, by a rail

11 carrier as an operator of a locomotive may request the chief driver licensing

12 official of a State to provide information about the individual under sub13 section (a) of this section to the individual’s employer or prospective em14 ployer or to the Secretary of Transportation. Information may not be ob15 tained from the Register under this paragraph if the information was en16 tered in the Register more than 3 years before the request, unless the infor17 mation is about a revocation or suspension still in effect on the date of the

18 request.

19 (5) An individual who holds, or is applying for, a license or certificate

20 of registry under section 7101 of title 46, or a merchant mariner’s docu21 ment under section 7302 of title 46, may request the chief driver licensing

22 official of a State to provide information about the individual under sub23 section (a) of this section to the Secretary of the department in which the

24 Coast Guard is operating. The Secretary may receive the information and

25 shall make the information available to the individual for review and written

26 comment before denying, suspending, or revoking the license, certificate, or

27 document of the individual based on the information and before using the

28 information in an action taken under chapter 77 of title 46. The Secretary

29 may not otherwise divulge or use the information, except for purposes of

30 section 7101, 7302, or 7703 of title 46. Information may not be obtained

31 from the Register under this paragraph if the information was entered in

32 the Register more than 3 years before the request, unless the information

33 is about a revocation or suspension still in effect on the date of the request.

34 (6) An individual may request the chief driver licensing official of a State

35 to obtain information about the individual under subsection (a) of this sec36 tion—

37 (A) to learn whether information about the individual is being pro38 vided;

39 (B) to verify the accuracy of the information; or

40 (C) to obtain a certified copy of the information.
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1 (7) A request under this subsection shall be made in the form and way

2 the Secretary of Transportation prescribes by regulation.

3 (c) RELATIONSHIP TO OTHER LAWS.—A request for, or receipt of, infor4 mation from the Register is subject to sections 552 and 552a of title 5, and

5 other applicable laws of the United States or a State, except that—

6 (1) the Secretary of Transportation may not relay or otherwise pro7 vide information specified in section 30304(b)(1)(A) or (C) of this title

8 to a person not authorized by this section to receive the information;

9 (2) a request for, or receipt of, information by a chief driver licens10 ing official, or by a person authorized by subsection (b) of this section

11 to request and receive the information, is deemed to be a routine use

12 under section 552a(b) of title 5; and

13 (3) receipt of information by a person authorized by this section to

14 receive the information is deemed to be a disclosure under section

15 552a(c) of title 5, except that the Secretary of Transportation is not

16 required to retain the accounting made under section 552a(c)(1) for

17 more than 7 years after the disclosure.

18 (d) AVAILABILITY OF INFORMATION PROVIDED UNDER PRIOR LAW.—In19 formation provided by a State under the Act of July 14, 1960 (Public Law

20 86–660, 74 Stat. 526), as restated by section 401 of the National Traffic

21 and Motor Vehicle Safety Act of 1966 (Public Law 89–563, 80 Stat. 730),

22 and under this chapter, shall be available under this section during the tran23 sition from the register maintained under that Act to the Register main24 tained under this chapter.

25 § 30306. National Driver Register Advisory Committee

26 (a) ORGANIZATION.—There is a National Driver Register Advisory Com27 mittee.

28 (b) DUTIES.—The Committee shall advise the Secretary of Transpor29 tation on—

30 (1) the efficiency of the maintenance and operation of the National

31 Driver Register; and

32 (2) the effectiveness of the Register in assisting States in exchanging

33 information about motor vehicle driving records.

34 (c) COMPOSITION AND APPOINTMENT.—The Committee is composed of

35 15 members appointed by the Secretary as follows:

36 (1) 3 members appointed from among individuals who are specially

37 qualified to serve on the Committee because of their education, train38 ing, or experience, and who are not officers or employees of the United

39 States Government or a State.
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1 (2) 3 members appointed from among groups outside the Govern2 ment that represent the interests of bus and trucking organizations,

3 enforcement officials, labor, or safety organizations.

4 (3) 9 members, geographically representative of the participating

5 States, appointed from among individuals who are chief driver licensing

6 officials of participating States.

7 (d) TERMS.—(1) Except as provided in paragraph (2) of this subsection,

8 the term of each member is 3 years.

9 (2) A vacancy on the Committee shall be filled in the same way as an

10 original appointment. A member appointed to fill a vacancy serves for the

11 remainder of the term of that member’s predecessor. After a member’s term

12 ends, the member may continue to serve until a successor takes office.

13 (e) PAY AND EXPENSES.—Members of the Committee serve without pay.

14 However, the Secretary may reimburse a member for reasonable travel ex15 penses incurred by the member in attending meetings of the Committee.

16 (f) MEETINGS, CHAIRMAN, VICE CHAIRMAN, AND QUORUM.—(1) The

17 Committee shall meet at least once a year.

18 (2) The Committee shall elect a Chairman and a Vice Chairman from

19 among its members.

20 (3) Eight members are a quorum.

21 (4) The Committee shall meet at the call of the Chairman or a majority

22 of the members.

23 (g) PERSONNEL AND SERVICES.—The Secretary may provide the Com24 mittee with personnel, penalty mail privileges, and similar services the Sec25 retary considers necessary to assist the Committee in carrying out its duties

26 and powers under this section.

27 (h) REPORTS.—At least once a year, the Committee shall submit to the

28 Secretary a report on the matters specified in subsection (b) of this section.

29 The report shall include any recommendations of the Committee for changes

30 in the Register.

31 (i) RELATIONSHIP TO OTHER LAWS.—The Committee is exempt from

32 sections 10(e) and (f) and 14 of the Federal Advisory Committee Act (5

33 App. U.S.C.).

34 § 30307. Criminal penalties

35 (a) GENERAL PENALTY.—A person (except an individual described in sec36 tion 30305(b)(6) of this title) shall be fined under title 18, imprisoned for

37 not more than one year, or both, if—

38 (1) the person receives under section 30305 of this title information

39 specified in section 30304(b)(1)(A) or (C) of this title;

40 (2) disclosure of the information is not authorized by section 30305

41 of this title; and
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1 (3) the person willfully discloses the information knowing that disclo2 sure is not authorized.

3 (b) INFORMATION PENALTY.—A person knowingly and willfully request4 ing, or under false pretenses obtaining, information specified in section

5 30304(b)(1)(A) or (C) of this title from a person receiving the information

6 under section 30305 of this title shall be fined under title 18, imprisoned

7 for not more than one year, or both.

8 § 30308. Authorization of appropriations

9 (a) GENERAL.—The Secretary of Transportation shall make available

10 from amounts made available to carry out section 402 of title 23

11 $4,000,000 for each of the fiscal years ending September 30, 1993, and

12 September 30, 1994, to carry out this chapter.

13 (b) AVAILABILITY OF AMOUNTS.—Amounts appropriated under this sec14 tion remain available until expended.

15 CHAPTER 305—NATIONAL AUTOMOBILE TITLE

16 INFORMATION SYSTEM

Sec.

30501. Definitions.

30502. National Automobile Title Information System.

30503. State participation.

30504. Reporting requirements.

30505. Penalties and enforcement.

17 § 30501. Definitions

18 In this chapter—

19 (1) ‘‘automobile’’ has the same meaning given that term in section

20 32901(a) of this title.

21 (2) ‘‘certificate of title’’ means a document issued by a State showing

22 ownership of an automobile.

23 (3) ‘‘insurance carrier’’ means an individual or entity engaged in the

24 business of underwriting automobile insurance.

25 (4) ‘‘junk automobile’’ means an automobile that—

26 (A) is incapable of operating on public streets, roads, and high27 ways; and

28 (B) has no value except as a source of parts or scrap.

29 (5) ‘‘junk yard’’ means an individual or entity engaged in the busi30 ness of acquiring or owning junk automobiles for—

31 (A) resale in their entirety or as spare parts; or

32 (B) rebuilding, restoration, or crushing.

33 (6) ‘‘operator’’ means the individual or entity authorized or des34 ignated as the operator of the National Automobile Title Information

35 System under section 30502(b) of this title, or the Secretary of Trans36 portation, if there is no authorized or designated individual or entity.
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1 (7) ‘‘salvage automobile’’ means an automobile that is damaged by

2 collision, fire, flood, accident, trespass, or other event, to the extent

3 that its fair salvage value plus the cost of repairing the automobile for

4 legal operation on public streets, roads, and highways would be more

5 than the fair market value of the automobile immediately before the

6 event that caused the damage.

7 (8) ‘‘salvage yard’’ means an individual or entity engaged in the

8 business of acquiring or owning salvage automobiles for—

9 (A) resale in their entirety or as spare parts; or

10 (B) rebuilding, restoration, or crushing.

11 (9) ‘‘State’’ means a State of the United States or the District of

12 Columbia.

13 § 30502. National Automobile Title Information System

14 (a) ESTABLISHMENT OR DESIGNATION.—(1) In cooperation with the

15 States and not later than January 31, 1996, the Secretary of Transpor16 tation shall establish a National Automobile Title Information System that

17 will provide individuals and entities referred to in subsection (e) of this sec18 tion with instant and reliable access to information maintained by the

19 States related to automobile titling described in subsection (d) of this sec20 tion. However, if the Secretary decides that the existing information system

21 meets the requirements of subsections (d) and (e) of this section and will

22 permit the Secretary to carry out this chapter as early as possible, the Sec23 retary, in consultation with the Attorney General, may designate an existing

24 information system as the National Automobile Title Information System.

25 (2) In cooperation with the Attorney General and the States, the Sec26 retary shall ascertain the extent to which title and related information to

27 be included in the system established under paragraph (1) of this subsection

28 will be adequate, timely, reliable, uniform, and capable of assisting in efforts

29 to prevent the introduction or reintroduction of stolen vehicles and parts

30 into interstate commerce.

31 (b) OPERATION.—The Secretary may authorize the operation of the Sys32 tem established or designated under subsection (a)(1) of this section by

33 agreement with one or more States, or by designating, after consulting with

34 the States, a third party that represents the interests of the States.

35 (c) USER FEES.—Operation of the System established or designated

36 under subsection (a)(1) of this section shall be paid for by user fees and

37 should be self-sufficient and not be dependent on amounts from the United

38 States Government. The amount of fees the operator collects and keeps

39 under this subsection subject to annual appropriation laws, excluding fees

40 the operator collects and pays to an entity providing information to the op41 erator, may be not more than the costs of operating the System.
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1 (d) INFORMATION REQUIREMENTS.—The System established or des2 ignated under subsection (a)(1) of this section shall permit a user of the

3 System at least to establish instantly and reliably—

4 (1) the validity and status of a document purporting to be a certifi5 cate of title;

6 (2) whether an automobile bearing a known vehicle identification

7 number is titled in a particular State;

8 (3) whether an automobile known to be titled in a particular State

9 is or has been a junk automobile or a salvage automobile;

10 (4) for an automobile known to be titled in a particular State, the

11 odometer mileage disclosure required under section 32705 of this title

12 for that automobile on the date the certificate of title for that auto13 mobile was issued and any later mileage information, if noted by the

14 State; and

15 (5) whether an automobile bearing a known vehicle identification

16 number has been reported as a junk automobile or a salvage auto17 mobile under section 30504 of this title.

18 (e) AVAILABILITY OF INFORMATION.—(1) The operator shall make avail19 able—

20 (A) to a participating State on request of that State, information in

21 the System about any automobile;

22 (B) to a Government, State, or local law enforcement official on re23 quest of that official, information in the System about a particular

24 automobile, junk yard, or salvage yard;

25 (C) to a prospective purchaser of an automobile on request of that

26 purchaser, including an auction company or entity engaged in the busi27 ness of purchasing used automobiles, information in the System about

28 that automobile; and

29 (D) to a prospective or current insurer of an automobile on request

30 of that insurer, information in the System about that automobile.

31 (2) The operator may release only the information reasonably necessary

32 to satisfy the requirements of paragraph (1) of this subsection. The opera33 tor may not collect an individual’s social security account number or permit

34 users of the System to obtain an individual’s address or social security ac35 count number.

36 § 30503. State participation

37 (a) STATE INFORMATION.—Each State shall make titling information

38 maintained by that State available for use in operating the National Auto39 mobile Title Information System established or designated under section

40 30502 of this title.
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1 (b) VERIFICATION CHECKS.—Each State shall establish a practice of per2 forming an instant title verification check before issuing a certificate of title

3 to an individual or entity claiming to have purchased an automobile from

4 an individual or entity in another State. The check shall consist of—

5 (1) communicating to the operator—

6 (A) the vehicle identification number of the automobile for

7 which the certificate of title is sought;

8 (B) the name of the State that issued the most recent certificate

9 of title for the automobile; and

10 (C) the name of the individual or entity to whom the certificate

11 of title was issued; and

12 (2) giving the operator an opportunity to communicate to the partici13 pating State the results of a search of the information.

14 (c) GRANTS TO STATES.—(1) In cooperation with the States and not

15 later than January 1, 1994, the Secretary of Transportation shall—

16 (A) conduct a review of systems used by the States to compile and

17 maintain information about the titling of automobiles; and

18 (B) determine for each State the cost of making titling information

19 maintained by that State available to the operator to meet the require20 ments of section 30502(d) of this title.

21 (2) The Secretary may make grants to participating States to be used

22 in making titling information maintained by those States available to the

23 operator if—

24 (A) the grant to a State is not more than the lesser of—

25 (i) 25 percent of the cost of making titling information main26 tained by that State available to the operator as determined by the

27 Secretary under paragraph (1)(B) of this subsection; or

28 (ii) $300,000; and

29 (B) the Secretary decides that the grants are reasonable and nec30 essary to establish the System.

31 (d) REPORT TO CONGRESS.—Not later than January 1, 1997, the Sec32 retary shall report to Congress on which States have met the requirements

33 of this section. If a State has not met the requirements, the Secretary shall

34 describe the impediments that have resulted in the State’s failure to meet

35 the requirements.

36 § 30504. Reporting requirements

37 (a) JUNK YARD AND SALVAGE YARD OPERATORS.—(1) Beginning at a

38 time established by the Secretary of Transportation that is not sooner than

39 the 3d month before the establishment or designation of the National Auto40 mobile Title Information System under section 30502 of this title, an indi41 vidual or entity engaged in the business of operating a junk yard or salvage
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1 yard shall file a monthly report with the operator of the System. The report

2 shall contain an inventory of all junk automobiles or salvage automobiles ob3 tained by the junk yard or salvage yard during the prior month. The inven4 tory shall contain—

5 (A) the vehicle identification number of each automobile obtained;

6 (B) the date on which the automobile was obtained;

7 (C) the name of the individual or entity from whom the automobile

8 was obtained; and

9 (D) a statement of whether the automobile was crushed or disposed

10 of for sale or other purposes.

11 (2) Paragraph (1) of this subsection does not apply to an individual or

12 entity—

13 (A) required by State law to report the acquisition of junk auto14 mobiles or salvage automobiles to State or local authorities if those au15 thorities make that information available to the operator; or

16 (B) issued a verification under section 33110 of this title stating

17 that the automobile or parts from the automobile are not reported as

18 stolen.

19 (b) INSURANCE CARRIERS.—Beginning at a time established by the Sec20 retary that is not sooner than the 3d month before the establishment or des21 ignation of the System, an individual or entity engaged in business as an

22 insurance carrier shall file a monthly report with the operator. The report

23 may be filed directly or through a designated agent. The report shall con24 tain an inventory of all automobiles of the current model year or any of the

25 4 prior model years that the carrier, during the prior month, has obtained

26 possession of and has decided are junk automobiles or salvage automobiles.

27 The inventory shall contain—

28 (1) the vehicle identification number of each automobile obtained;

29 (2) the date on which the automobile was obtained;

30 (3) the name of the individual or entity from whom the automobile

31 was obtained; and

32 (4) the name of the owner of the automobile at the time of the filing

33 of the report.

34 (c) PROCEDURES AND PRACTICES.—The Secretary shall establish by reg35 ulation procedures and practices to facilitate reporting in the least burden36 some and costly fashion.

37 § 30505. Penalties and enforcement

38 (a) PENALTY.—An individual or entity violating this chapter is liable to

39 the United States Government for a civil penalty of not more than $1,000

40 for each violation.
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1 (b) COLLECTION AND COMPROMISE.—(1) The Secretary of Transpor2 tation shall impose a civil penalty under this section. The Attorney General

3 shall bring a civil action to collect the penalty. The Secretary may com4 promise the amount of the penalty. In determining the amount of the pen5 alty or compromise, the Secretary shall consider the appropriateness of the

6 penalty to the size of the business of the individual or entity charged and

7 the gravity of the violation.

8 (2) The Government may deduct the amount of a civil penalty imposed

9 or compromised under this section from amounts it owes the individual or

10 entity liable for the penalty.

11 PART B—COMMERCIAL

12 CHAPTER 311—COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER I—STATE GRANTS

Sec.

31101. Definitions.

31102. Grants to States.

31103. United States Government’s share of costs.

31104. Availability of amounts.

31105. Employee protections.

31106. Commercial motor vehicle information system program.

31107. Truck and bus accident grant program.

31108. Authorization of appropriations.

SUBCHAPTER II—LENGTH AND WIDTH LIMITATIONS

31111. Length limitations.

31112. Property-carrying unit limitation.

31113. Width limitations.

31114. Access to the Interstate System.

31115. Enforcement.

SUBCHAPTER III—SAFETY REGULATION

31131. Purposes and findings.

31132. Definitions.

31133. General powers of the Secretary of Transportation.

31134. Commercial Motor Vehicle Safety Regulatory Review Panel.

31135. Duties of employers and employees.

31136. United States Government regulations.

31137. Monitoring device and brake maintenance regulations.

31138. Minimum financial responsibility for transporting passengers.

31139. Minimum financial responsibility for transporting property.

31140. Submission of State laws and regulations for review.

31141. Review and preemption of State laws and regulations.

31142. Inspection of vehicles.

31143. Investigating complaints and protecting complainants.

31144. Safety fitness of owners and operators.

31145. Coordination of Governmental activities and paperwork.

31146. Relationship to other laws.

31147. Limitations on authority.

SUBCHAPTER IV—MISCELLANEOUS

31161. Procedures to ensure timely correction of safety violations.

31162. Compliance review priority.

13 SUBCHAPTER I—STATE GRANTS

14 § 31101. Definitions

15 In this subchapter—
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1 (1) ‘‘commercial motor vehicle’’ means (except in section 31106) a

2 self-propelled or towed vehicle used on the highways in commerce prin3 cipally to transport passengers or cargo, if the vehicle—

4 (A) has a gross vehicle weight rating of at least 10,000 pounds;

5 (B) is designed to transport more than 10 passengers including

6 the driver; or

7 (C) is used in transporting material found by the Secretary of

8 Transportation to be hazardous under section 5103 of this title.

9 (2) ‘‘employee’’ means a driver of a commercial motor vehicle (in10 cluding an independent contractor when personally operating a com11 mercial motor vehicle), a mechanic, a freight handler, or an individual

12 not an employer, who—

13 (A) directly affects commercial motor vehicle safety in the

14 course of employment by a commercial motor carrier; and

15 (B) is not an employee of the United States Government, a

16 State, or a political subdivision of a State acting in the course of

17 employment.

18 (3) ‘‘employer’’—

19 (A) means a person engaged in a business affecting commerce

20 that owns or leases a commercial motor vehicle in connection with

21 that business, or assigns an employee to operate the vehicle in

22 commerce; but

23 (B) does not include the Government, a State, or a political sub24 division of a State.

25 (4) ‘‘State’’ means a State of the United States, the District of Co26 lumbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and

27 the Northern Mariana Islands.

28 § 31102. Grants to States

29 (a) GENERAL AUTHORITY.—Subject to this section and the availability of

30 amounts, the Secretary of Transportation may make grants to States for

31 the development or implementation of programs for the enforcement of reg32 ulations, standards, and orders of the United States Government on com33 mercial motor vehicle safety and compatible State regulations, standards,

34 and orders.

35 (b) STATE PLAN PROCEDURES AND CONTENTS.—(1) The Secretary shall

36 prescribe procedures for a State to submit a plan under which the State

37 agrees to adopt and assume responsibility for enforcing regulations, stand38 ards, and orders of the Government on commercial motor vehicle safety or

39 compatible State regulations, standards, and orders. The Secretary shall ap40 prove the plan if the Secretary decides the plan is adequate to promote the

41 objectives of this section and the plan—
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1 (A) designates the State motor vehicle safety agency responsible for

2 administering the plan throughout the State;

3 (B) contains satisfactory assurances the agency has or will have the

4 legal authority, resources, and qualified personnel necessary to enforce

5 the regulations, standards, and orders;

6 (C) contains satisfactory assurances the State will devote adequate

7 amounts to the administration of the plan and enforcement of the regu8 lations, standards, and orders;

9 (D) provides that the total expenditure of amounts of the State and

10 its political subdivisions (not including amounts of the Government) for

11 commercial motor vehicle safety programs for enforcement of commer12 cial motor vehicle size and weight limitations, drug interdiction, and

13 State traffic safety laws and regulations under subsection (c) of this

14 section will be maintained at a level at least equal to the average level

15 of that expenditure for its last 3 full fiscal years before December 18,

16 1991;

17 (E) provides a right of entry and inspection to carry out the plan;

18 (F) provides that all reports required under this section be submitted

19 to the agency and that the agency will make the reports available to

20 the Secretary on request;

21 (G) provides that the agency will adopt the reporting requirements

22 and use the forms for recordkeeping, inspections, and investigations the

23 Secretary prescribes;

24 (H) requires registrants of commercial motor vehicles to make a dec25 laration of knowledge of applicable safety regulations, standards, and

26 orders of the Government and the State;

27 (I) provides that the State will grant maximum reciprocity for in28 spections conducted under the North American Inspection Standard

29 through the use of a nationally accepted system that allows ready iden30 tification of previously inspected commercial motor vehicles;

31 (J) ensures that activities described in subsection (c) of this section,

32 if financed with grants under subsection (a) of this section, will not di33 minish the effectiveness of the development and implementation of com34 mercial motor vehicle safety programs described in subsection (a);

35 (K) ensures that fines imposed and collected by the State for viola36 tions of commercial motor vehicle safety regulations will be reasonable

37 and appropriate and that, to the maximum extent practicable, the State

38 will attempt to implement the recommended fine schedule published by

39 the Commercial Vehicle Safety Alliance;
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1 (L) ensures that the State agency will coordinate the plan prepared

2 under this section with the State highway safety plan under section

3 402 of title 23;

4 (M) ensures participation by the 48 contiguous States in

5 SAFETYNET not later than January 1, 1994;

6 (N) provides satisfactory assurances that the State will undertake ef7 forts that will emphasize and improve enforcement of State and local

8 traffic safety laws and regulations related to commercial motor vehicle

9 safety;

10 (O) provides satisfactory assurances that the State will promote ac11 tivities—

12 (i) to remove impaired commercial motor vehicle drivers from

13 the highways of the United States through adequate enforcement

14 of regulations on the use of alcohol and controlled substances and

15 by ensuring ready roadside access to alcohol detection and measur16 ing equipment;

17 (ii) to provide an appropriate level of training to State motor

18 carrier safety assistance program officers and employees on rec19 ognizing drivers impaired by alcohol or controlled substances;

20 (iii) to promote enforcement of the requirements related to the

21 licensing of commercial motor vehicle drivers, including checking

22 the status of commercial drivers’ licenses; and

23 (iv) to improve enforcement of hazardous material transpor24 tation regulations by encouraging more inspections of shipper fa25 cilities affecting highway transportation and more comprehensive

26 inspection of the loads of commercial motor vehicles transporting

27 hazardous material; and

28 (P) provides satisfactory assurances that the State will promote ef29 fective—

30 (i) interdiction activities affecting the transportation of con31 trolled substances by commercial motor vehicle drivers and train32 ing on appropriate strategies for carrying out those interdiction

33 activities; and

34 (ii) use of trained and qualified officers and employees of politi35 cal subdivisions and local governments, under the supervision and

36 direction of the State motor vehicle safety agency, in the enforce37 ment of regulations affecting commercial motor vehicle safety and

38 hazardous material transportation safety.

39 (2) If the Secretary disapproves a plan under this subsection, the Sec40 retary shall give the State a written explanation and allow the State to mod41 ify and resubmit the plan for approval.
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1 (3) In estimating the average level of State expenditure under paragraph

2 (1)(D) of this subsection, the Secretary—

3 (A) may allow the State to exclude State expenditures for Govern4 ment-sponsored demonstration or pilot programs; and

5 (B) shall require the State to exclude Government amounts and

6 State matching amounts used to receive Government financing under

7 subsection (a) of this section.

8 (c) USE OF GRANTS TO ENFORCE OTHER LAWS.—A State may use

9 amounts received under a grant under subsection (a) of this section for the

10 following activities if the activities are carried out in conjunction with an

11 appropriate inspection of the commercial motor vehicle to enforce Govern12 ment or State commercial motor vehicle safety regulations:

13 (1) enforcement of commercial motor vehicle size and weight limita14 tions at locations other than fixed weight facilities, at specific locations

15 such as steep grades or mountainous terrains where the weight of a

16 commercial motor vehicle can significantly affect the safe operation of

17 the vehicle, or at ports where intermodal shipping containers enter and

18 leave the United States.

19 (2) detection of the unlawful presence of a controlled substance (as

20 defined under section 102 of the Comprehensive Drug Abuse Preven21 tion and Control Act of 1970 (21 U.S.C. 802)) in a commercial motor

22 vehicle or on the person of any occupant (including the operator) of

23 the vehicle.

24 (3) enforcement of State traffic laws and regulations designed to

25 promote the safe operation of commercial motor vehicles.

26 (d) CONTINUOUS EVALUATION OF PLANS.—On the basis of reports sub27 mitted by a State motor vehicle safety agency of a State with a plan ap28 proved under this section and the Secretary’s own investigations, the Sec29 retary shall make a continuing evaluation of the way the State is carrying

30 out the plan. If the Secretary finds, after notice and opportunity for com31 ment, the State plan previously approved is not being followed or has be32 come inadequate to ensure enforcement of the regulations, standards, or or33 ders, the Secretary shall withdraw approval of the plan and notify the State.

34 The plan stops being effective when the notice is received. A State adversely

35 affected by the withdrawal may seek judicial review under chapter 7 of title

36 5. Notwithstanding the withdrawal, the State may retain jurisdiction in ad37 ministrative or judicial proceedings begun before the withdrawal if the is38 sues involved are not related directly to the reasons for the withdrawal.

39 § 31103. United States Government’s share of costs

40 The Secretary of Transportation shall reimburse a State, from a grant

41 made under this subchapter, an amount that is not more than 80 percent
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1 of the costs incurred by the State in a fiscal year in developing and imple2 menting programs to enforce commercial motor vehicle regulations, stand3 ards, or orders adopted under this subchapter or subchapter II of this chap4 ter. In determining those costs, the Secretary shall include in-kind contribu5 tions by the State. Amounts of the State and its political subdivisions re6 quired to be expended under section 31102(b)(1)(D) of this title may not

7 be included as part of the share not provided by the United States Govern8 ment. The Secretary may allocate among the States whose applications for

9 grants have been approved those amounts appropriated for grants to sup10 port those programs, under criteria that may be established.

11 § 31104. Availability of amounts

12 (a) GENERAL.—Subject to section 9503(c)(1) of the Internal Revenue

13 Code of 1986 (26 U.S.C. 9503(c)(1)), the following amounts are available

14 from the Highway Trust Fund (except the Mass Transit Account) for the

15 Secretary of Transportation to incur obligations to carry out section 31102

16 of this title:

17 (1) not more than $76,000,000 for the fiscal year ending September

18 30, 1993.

19 (2) not more than $80,000,000 for the fiscal year ending September

20 30, 1994.

21 (3) not more than $83,000,000 for the fiscal year ending September

22 30, 1995.

23 (4) not more than $85,000,000 for the fiscal year ending September

24 30, 1996.

25 (5) not more than $90,000,000 for the fiscal year ending September

26 30, 1997.

27 (b) AVAILABILITY AND REALLOCATION OF AMOUNTS.—(1) Amounts

28 made available under subsection (a) of this section remain available until

29 expended. Allocations to a State remain available for expenditure in the

30 State for the fiscal year in which they are allocated and for the next fiscal

31 year. Amounts not expended by a State during those 2 fiscal years are re32 leased to the Secretary for reallocation.

33 (2) Amounts made available under section 404(a)(2) of the Surface

34 Transportation Assistance Act of 1982 before October 1, 1991, that are not

35 obligated on October 1, 1992, are available for reallocation and obligation

36 under paragraph (1) of this subsection.

37 (c) REIMBURSEMENT FOR GOVERNMENT’S SHARE OF COSTS.—Amounts

38 made available under subsection (a) of this section shall be used to reim39 burse States proportionately for the United States Government’s share of

40 costs incurred.
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1 (d) GRANTS AS CONTRACTUAL OBLIGATIONS.—Approval by the Secretary

2 of a grant to a State under section 31102 of this title is a contractual obli3 gation of the Government for payment of the Government’s share of costs

4 incurred by the State in developing, implementing, or developing and imple5 menting programs to enforce commercial motor vehicle regulations, stand6 ards, and orders.

7 (e) DEDUCTION FOR ADMINISTRATIVE EXPENSES.—On October 1 of each

8 fiscal year or as soon after that date as practicable, the Secretary may de9 duct, from amounts made available under subsection (a) of this section for

10 that fiscal year, not more than 1.25 percent of those amounts for adminis11 trative expenses incurred in carrying out section 31102 of this title in that

12 fiscal year. The Secretary shall use at least 75 percent of those deducted

13 amounts to train non-Government employees and to develop related training

14 materials in carrying out section 31102.

15 (f) ALLOCATION CRITERIA.—On October 1 of each fiscal year or as soon

16 after that date as practicable, the Secretary, after making the deduction de17 scribed in subsection (e) of this section, shall allocate under criteria the Sec18 retary establishes the amounts available for that fiscal year among the

19 States with plans approved under section 31102 of this title. However, the

20 Secretary may designate specific eligible States among which to allocate

21 those amounts in allocating amounts available—

22 (1) for research, development, and demonstration under subsection

23 (g)(1)(F) of this section; and

24 (2) for public education under subsection (g)(1)(G) of this section.

25 (g) SPECIFIC ALLOCATIONS.—(1) Of amounts made available under sub26 section (a) of this section—

27 (A) for each fiscal year beginning after September 30, 1992, the

28 Secretary shall obligate at least $1,500,000 to make grants to States

29 for training inspectors to enforce regulations prescribed by the Sec30 retary related to the transportation of hazardous material by commer31 cial motor vehicles;

32 (B) for each of the fiscal years ending September 30, 1993–1997,

33 the Secretary may obligate not more than $2,000,000 to carry out sec34 tion 31106 of this title;

35 (C) for each of the fiscal years ending September 30, 1993–1997,

36 the Secretary may obligate not more than $2,000,000 to carry out sec37 tion 31107 of this title;

38 (D) for each of the fiscal years ending September 30, 1993–1995,

39 the Secretary shall obligate at least $4,250,000, and for each of the

40 fiscal years ending September 30, 1996, and 1997, the Secretary shall

41 obligate at least $5,000,000, for traffic enforcement activities related
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1 to commercial motor vehicle drivers that are carried out in conjunction

2 with an appropriate inspection of a commercial motor vehicle for com3 pliance with Government or State commercial motor vehicle safety reg4 ulations;

5 (E) for each of the fiscal years ending September 30, 1993–1995,

6 the Secretary shall obligate at least $1,000,000 to increase enforcement

7 of the licensing requirements of chapter 313 of this title by motor car8 rier safety assistance program officers and employees, including the

9 cost of purchasing equipment for, and conducting, inspections to check

10 the current status of licenses issued under chapter 313;

11 (F) for each fiscal year, the Secretary shall obligate at least

12 $500,000 for research, development, and demonstration of technologies,

13 methodologies, analyses, or information systems designed to carry out

14 section 31102 of this title and that are beneficial to all jurisdictions;

15 and

16 (G) for each fiscal year, the Secretary shall obligate at least

17 $350,000 to educate the motoring public on how to share the road

18 safely with commercial motor vehicles.

19 (2) The Secretary shall announce publicly amounts obligated under para20 graph (1)(F) of this subsection and award those amounts competitively,

21 when practicable, to any eligible State for up to 100 percent of the State

22 costs or to other persons as the Secretary decides.

23 (3) In carrying out educational activities referred to in paragraph (1)(G)

24 of this subsection, the Secretary shall consult with appropriate industry rep25 resentatives.

26 (h) PAYMENT TO STATES FOR COSTS.—Each State shall submit vouchers

27 for costs the State incurs under this section and section 31102 of this title.

28 The Secretary shall pay the State an amount not more than the Govern29 ment share of costs incurred as of the date of the vouchers.

30 (i) IMPROVED ALLOCATION FORMULA.—The Secretary shall prescribe

31 regulations to develop an improved formula and process for allocating

32 amounts made available for grants under section 31102(a) of this title

33 among States eligible for those amounts. In prescribing those regulations,

34 the Secretary shall—

35 (1) consider ways to provide incentives to States that demonstrate

36 innovative, successful, cost-efficient, or cost-effective programs to pro37 mote commercial motor vehicle safety and hazardous material transpor38 tation safety;

39 (2) place special emphasis on incentives to States that conduct traf40 fic safety enforcement activities that are coupled with motor carrier

41 safety inspections; and
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1 (3) consider ways to provide incentives to States that increase com2 patibility of State commercial motor vehicle safety and hazardous mate3 rial transportation regulations with Government safety regulations and

4 promote other factors intended to promote effectiveness and efficiency

5 the Secretary decides are appropriate.

6 (j) INTRASTATE COMPATIBILITY.—The Secretary shall prescribe regula7 tions specifying tolerance guidelines and standards for ensuring compatibil8 ity of intrastate commercial motor vehicle safety laws and regulations with

9 Government motor carrier safety regulations to be enforced under section

10 31102(a) of this title. To the extent practicable, the guidelines and stand11 ards shall allow for maximum flexibility while ensuring the degree of uni12 formity that will not diminish transportation safety. In reviewing State

13 plans and allocating amounts or making grants under section 153 of title

14 23, the Secretary shall ensure that the guidelines and standards are applied

15 uniformly.

16 § 31105. Employee protections

17 (a) PROHIBITIONS.—(1) A person may not discharge an employee, or dis18 cipline or discriminate against an employee regarding pay, terms, or privi19 leges of employment, because—

20 (A) the employee, or another person at the employee’s request, has

21 filed a complaint or begun a proceeding related to a violation of a com22 mercial motor vehicle safety regulation, standard, or order, or has testi23 fied or will testify in such a proceeding; or

24 (B) the employee refuses to operate a vehicle because—

25 (i) the operation violates a regulation, standard, or order of the

26 United States related to commercial motor vehicle safety or health;

27 or

28 (ii) the employee has a reasonable apprehension of serious in29 jury to the employee or the public because of the vehicle’s unsafe

30 condition.

31 (2) Under paragraph (1)(B)(ii) of this subsection, an employee’s appre32 hension of serious injury is reasonable only if a reasonable individual in the

33 circumstances then confronting the employee would conclude that the unsafe

34 condition establishes a real danger of accident, injury, or serious impairment

35 to health. To qualify for protection, the employee must have sought from

36 the employer, and been unable to obtain, correction of the unsafe condition.

37 (b) FILING COMPLAINTS AND PROCEDURES.—(1) An employee alleging

38 discharge, discipline, or discrimination in violation of subsection (a) of this

39 section, or another person at the employee’s request, may file a complaint

40 with the Secretary of Labor not later than 180 days after the alleged viola-
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1 tion occurred. On receiving the complaint, the Secretary shall notify the per2 son alleged to have committed the violation of the filing of the complaint.

3 (2)(A) Not later than 60 days after receiving a complaint, the Secretary

4 shall conduct an investigation, decide whether it is reasonable to believe the

5 complaint has merit, and notify the complainant and the person alleged to

6 have committed the violation of the findings. If the Secretary decides it is

7 reasonable to believe a violation occurred, the Secretary shall include with

8 the decision findings and a preliminary order for the relief provided under

9 paragraph (3) of this subsection.

10 (B) Not later than 30 days after the notice under subparagraph (A) of

11 this paragraph, the complainant and the person alleged to have committed

12 the violation may file objections to the findings or preliminary order, or

13 both, and request a hearing on the record. The filing of objections does not

14 stay a reinstatement ordered in the preliminary order. If a hearing is not

15 requested within the 30 days, the preliminary order is final and not subject

16 to judicial review.

17 (C) A hearing shall be conducted expeditiously. Not later than 120 days

18 after the end of the hearing, the Secretary shall issue a final order. Before

19 the final order is issued, the proceeding may be ended by a settlement

20 agreement made by the Secretary, the complainant, and the person alleged

21 to have committed the violation.

22 (3)(A) If the Secretary decides, on the basis of a complaint, a person vio23 lated subsection (a) of this section, the Secretary shall order the person to—

24 (i) take affirmative action to abate the violation;

25 (ii) reinstate the complainant to the former position with the same

26 pay and terms and privileges of employment; and

27 (iii) pay compensatory damages, including back pay.

28 (B) If the Secretary issues an order under subparagraph (A) of this para29 graph and the complainant requests, the Secretary may assess against the

30 person against whom the order is issued the costs (including attorney’s fees)

31 reasonably incurred by the complainant in bringing the complaint. The Sec32 retary shall determine the costs that reasonably were incurred.

33 (c) JUDICIAL REVIEW AND VENUE.—A person adversely affected by an

34 order issued after a hearing under subsection (b) of this section may file

35 a petition for review, not later than 60 days after the order is issued, in

36 the court of appeals of the United States for the circuit in which the viola37 tion occurred or the person resided on the date of the violation. The review

38 shall be heard and decided expeditiously. An order of the Secretary subject

39 to review under this subsection is not subject to judicial review in a criminal

40 or other civil proceeding.
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1 (d) CIVIL ACTIONS TO ENFORCE.—If a person fails to comply with an

2 order issued under subsection (b) of this section, the Secretary shall bring

3 a civil action to enforce the order in the district court of the United States

4 for the judicial district in which the violation occurred.

5 § 31106. Commercial motor vehicle information system pro6 gram

7 (a) DEFINITION.—In this section, ‘‘commercial motor vehicle’’ means a

8 self-propelled or towed vehicle used on highways in intrastate or interstate

9 commerce to transport passengers or property, if the vehicle—

10 (1) has a gross vehicle weight rating of at least 10,001 pounds;

11 (2) is designed to transport more than 15 passengers, including the

12 driver; or

13 (3) is used in transporting material found by the Secretary of Trans14 portation to be hazardous under section 5103 of this title and that ma15 terial is transported in a quantity requiring placarding under regula16 tions the Secretary prescribes under section 5103.

17 (b) INFORMATION SYSTEM.—(1) In cooperation with the States, the Sec18 retary may establish as part of the motor carrier safety information network

19 system of the Department of Transportation and similar State systems, an

20 information system to serve as a clearinghouse and depository of informa21 tion related to State registration and licensing of commercial motor vehicles

22 and the safety fitness of the commercial motor vehicle registrants. The Sec23 retary shall include in the system information on the safety fitness of each

24 of the registrants and other information the Secretary considers appro25 priate, including information on vehicle inspections and out-of-service or26 ders.

27 (2) The operation of the information system established under paragraph

28 (1) of this subsection shall be paid for by a schedule of user fees. The Sec29 retary may authorize the operation of the information system by contract,

30 through an agreement with one or more States, or by designating, after con31 sulting with the States, a third party that represents the interests of the

32 States.

33 (3) The Secretary shall prescribe standards to ensure—

34 (A) uniform information collection and reporting by the States nec35 essary to carry out this section; and

36 (B) the availability and reliability of the information to the States

37 and the Secretary from the information system.

38 (c) DEMONSTRATION PROJECT.—The Secretary shall make grants to

39 States to carry out a project to demonstrate ways of establishing an infor40 mation system that will link the motor carrier safety information network

41 system of the Department and similar State systems with the motor vehicle
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1 registration and licensing systems of the States. The project shall be de2 signed—

3 (1) to allow a State when issuing license plates for a commercial

4 motor vehicle to establish through use of the information system the

5 safety fitness of the person seeking to register the vehicle; and

6 (2) to decide on types of sanctions that may be imposed on the reg7 istrant, or the types of conditions or limitations that may be imposed

8 on the operations of the registrant, to ensure the safety fitness of the

9 registrant.

10 (d) REVIEW OF STATE SYSTEMS.—Not later than December 18, 1992,

11 the Secretary, in cooperation with the States, shall review State motor vehi12 cle registration systems related to license tags for commercial motor vehicles

13 to decide whether those systems can be used in carrying out this section.

14 (e) REGULATIONS.—The Secretary shall prescribe regulations to carry

15 out this section.

16 (f) REPORT TO CONGRESS.—Not later than January 1, 1995, the Sec17 retary shall submit a report to Congress on the cost, benefits, and feasibility

18 of the information system established under subsection (b) of this section.

19 If the Secretary decides that the system would be beneficial on a nationwide

20 basis, the Secretary shall include in the report recommendations on legisla21 tion to implement a nationwide system.

22 (g) AUTHORIZATION OF APPROPRIATIONS.—Amounts necessary to carry

23 out this section may be made available to the Secretary under section

24 31104(g)(1)(B) of this title.

25 § 31107. Truck and bus accident grant program

26 (a) STATE GRANTS.—The Secretary of Transportation shall make grants

27 to States that agree to adopt or have adopted the recommendations of the

28 National Governors’ Association related to police accident reports for truck

29 and bus accidents. The Secretary may make a grant under this section only

30 to assist a State in carrying out those recommendations, including—

31 (1) assisting the State in designing appropriate forms;

32 (2) drafting instruction manuals;

33 (3) training appropriate State and local officers on matters, includ34 ing training on accident investigation techniques to decide on the prob35 able cause of truck and bus accidents;

36 (4) analyzing and evaluating safety information to develop rec37 ommended changes to existing safety programs necessary to address

38 more effectively the causes of truck and bus accidents; and

39 (5) other activities the Secretary decides are appropriate to carry out

40 this section.
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1 (b) COORDINATION WITH OTHER PROGRAMS.—The Secretary shall co2 ordinate grants made under this section with highway safety programs

3 under section 402 of title 23. The Secretary may require that the informa4 tion from police reports for truck and bus accidents be included in reports

5 made to the Secretary under the uniform information collection and report6 ing program under section 402.

7 (c) AUTHORIZATION OF APPROPRIATIONS.—Amounts necessary to carry

8 out this section may be made available to the Secretary under section

9 31104(g)(1)(C) of this title.

10 § 31108. Authorization of appropriations

11 Not more than $––––––––– may be appropriated to the Secretary of

12 Transportation for the fiscal year ending September 30, 19––, to carry out

13 the safety duties and powers of the Federal Highway Administration.

14 SUBCHAPTER II—LENGTH AND WIDTH LIMITATIONS

15 § 31111. Length limitations

16 (a) DEFINITIONS.—In this section—

17 (1) ‘‘maxi-cube vehicle’’ means a truck tractor combined with a

18 semitrailer and a separable property-carrying unit designed to be load19 ed and unloaded through the semitrailer, with the length of the sepa20 rable property-carrying unit being not more than 34 feet and the

21 length of the vehicle combination being not more than 65 feet.

22 (2) ‘‘truck tractor’’ means—

23 (A) a non-property-carrying power unit that operates in com24 bination with a semitrailer or trailer; or

25 (B) a power unit that carries as property only motor vehicles

26 when operating in combination with a semitrailer in transporting

27 motor vehicles.

28 (b) GENERAL LIMITATIONS.—(1) Except as provided in this section, a

29 State may not prescribe or enforce a regulation of commerce that—

30 (A) imposes a vehicle length limitation of less than 45 feet on a bus,

31 of less than 48 feet on a semitrailer operating in a truck tractor32 semitrailer combination, or of less than 28 feet on a semitrailer or

33 trailer operating in a truck tractor-semitrailer-trailer combination, on

34 any segment of the Dwight D. Eisenhower System of Interstate and

35 Defense Highways (except a segment exempted under subsection (f) of

36 this section) and those classes of qualifying Federal-aid Primary Sys37 tem highways designated by the Secretary of Transportation under

38 subsection (e) of this section;

39 (B) imposes an overall length limitation on a commercial motor vehi40 cle operating in a truck tractor-semitrailer or truck tractor-semitrailer41 trailer combination;
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1 (C) has the effect of prohibiting the use of a semitrailer or trailer

2 of the same dimensions as those that were in actual and lawful use in

3 that State on December 1, 1982; or

4 (D) has the effect of prohibiting the use of an existing semitrailer

5 or trailer, of not more than 28.5 feet in length, in a truck tractor6 semitrailer-trailer combination if the semitrailer or trailer was operat7 ing lawfully on December 1, 1982, within a 65-foot overall length limit

8 in any State.

9 (2) A length limitation prescribed or enforced by a State under paragraph

10 (1)(A) of this subsection applies only to a semitrailer or trailer and not to

11 a truck tractor.

12 (c) MAXI-CUBE AND VEHICLE COMBINATION LIMITATIONS.—A State

13 may not prohibit a maxi-cube vehicle or a commercial motor vehicle com14 bination consisting of a truck tractor and 2 trailing units on any segment

15 of the Dwight D. Eisenhower System of Interstate and Defense Highways

16 (except a segment exempted under subsection (f) of this section) and those

17 classes of qualifying Federal-aid Primary System highways designated by

18 the Secretary under subsection (e) of this section.

19 (d) EXCLUSION OF SAFETY AND ENERGY CONSERVATION DEVICES.—

20 Length calculated under this section does not include a safety or energy

21 conservation device the Secretary decides is necessary for safe and efficient

22 operation of a commercial motor vehicle. However, such a device may not

23 have by its design or use the ability to carry cargo.

24 (e) QUALIFYING HIGHWAYS.—The Secretary by regulation shall designate

25 as qualifying Federal-aid Primary System highways those highways of the

26 Federal-aid Primary System in existence on June 1, 1991, that can accom27 modate safely the applicable vehicle lengths provided in this section.

28 (f) EXEMPTIONS.—(1) If the chief executive officer of a State, after con29 sulting under paragraph (2) of this subsection, decides a segment of the

30 Dwight D. Eisenhower System of Interstate and Defense Highways is not

31 capable of safely accommodating a commercial motor vehicle having a length

32 described in subsection (b)(1)(A) of this section or the motor vehicle com33 bination described in subsection (c) of this section, the chief executive officer

34 may notify the Secretary of that decision and request the Secretary to ex35 empt that segment from either or both provisions.

36 (2) Before making a decision under paragraph (1) of this subsection, the

37 chief executive officer shall consult with units of local government in the

38 State in which the segment of the Dwight D. Eisenhower System of Inter39 state and Defense Highways is located and with the chief executive officer

40 of any adjacent State that may be directly affected by the exemption. As

41 part of the consultations, consideration shall be given to any potential alter-
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1 native route that serves the area in which the segment is located and can

2 safely accommodate a commercial motor vehicle having a length described

3 in subsection (b)(1)(A) of this section or the motor vehicle combination de4 scribed in subsection (c) of this section.

5 (3) A chief executive officer’s notification under this subsection must in6 clude specific evidence of safety problems supporting the officer’s decision

7 and the results of consultations about alternative routes.

8 (4)(A) If the Secretary decides, on request of a chief executive officer or

9 on the Secretary’s own initiative, a segment of the Dwight D. Eisenhower

10 System of Interstate and Defense Highways is not capable of safely accom11 modating a commercial motor vehicle having a length described in sub12 section (b)(1)(A) of this section or the motor vehicle combination described

13 in subsection (c) of this section, the Secretary shall exempt the segment

14 from either or both of those provisions. Before making a decision under this

15 paragraph, the Secretary shall consider any possible alternative route that

16 serves the area in which the segment is located.

17 (B) The Secretary shall make a decision about a specific segment not

18 later than 120 days after the date of receipt of notification from a chief

19 executive officer under paragraph (1) of this subsection or the date on

20 which the Secretary initiates action under subparagraph (A) of this para21 graph, whichever is applicable. If the Secretary finds the decision will not

22 be made in time, the Secretary immediately shall notify Congress, giving the

23 reasons for the delay, information about the resources assigned, and the

24 projected date for the decision.

25 (C) Before making a decision, the Secretary shall give an interested per26 son notice and an opportunity for comment. If the Secretary exempts a seg27 ment under this subsection before the final regulations under subsection (e)

28 of this section are prescribed, the Secretary shall include the exemption as

29 part of the final regulations. If the Secretary exempts the segment after the

30 final regulations are prescribed, the Secretary shall publish the exemption

31 as an amendment to the final regulations.

32 (g) ACCOMMODATING SPECIALIZED EQUIPMENT.—In prescribing regula33 tions to carry out this section, the Secretary may make decisions necessary

34 to accommodate specialized equipment, including automobile and vessel

35 transporters and maxi-cube vehicles.

36 § 31112. Property-carrying unit limitation

37 (a) DEFINITIONS.—In this section—

38 (1) ‘‘property-carrying unit’’ means any part of a commercial motor

39 vehicle combination (except the truck tractor) used to carry property,

40 including a trailer, a semitrailer, or the property-carrying section of a

41 single unit truck.
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1 (2) the length of the property-carrying units of a commercial motor

2 vehicle combination is the length measured from the front of the first

3 property-carrying unit to the rear of the last property-carrying unit.

4 (b) GENERAL LIMITATIONS.—A State may not allow by any means the

5 operation, on any segment of the Dwight D. Eisenhower System of Inter6 state and Defense Highways and those classes of qualifying Federal-aid Pri7 mary System highways designated by the Secretary of Transportation under

8 section 31111(e) of this title, of any commercial motor vehicle combination

9 (except a vehicle or load that cannot be dismantled easily or divided easily

10 and that has been issued a special permit under applicable State law) with

11 more than one property-carrying unit (not including the truck tractor)

12 whose property-carrying units are more than—

13 (1) the maximum combination trailer, semitrailer, or other type of

14 length limitation allowed by law or regulation of that State before June

15 2, 1991; or

16 (2) the length of the property-carrying units of those commercial

17 motor vehicle combinations, by specific configuration, in actual, lawful

18 operation on a regular or periodic basis (including continuing seasonal

19 operation) in that State before June 2, 1991.

20 (c) SPECIAL RULES FOR WYOMING, OHIO, AND ALASKA.—In addition to

21 the vehicles allowed under subsection (b) of this section—

22 (1) Wyoming may allow the operation of additional vehicle configura23 tions not in actual operation on June 1, 1991, but authorized by State

24 law not later than November 3, 1992, if the vehicle configurations com25 ply with the single axle, tandem axle, and bridge formula limits in sec26 tion 127(a) of title 23 and are not more than 117,000 pounds gross

27 vehicle weight;

28 (2) Ohio may allow the operation of commercial motor vehicle com29 binations with 3 property-carrying units of 28.5 feet each (not includ30 ing the truck tractor) not in actual operation on June 1, 1991, to be

31 operated in Ohio on the 1-mile segment of Ohio State Route 7 that

32 begins at and is south of exit 16 of the Ohio Turnpike; and

33 (3) Alaska may allow the operation of commercial motor vehicle com34 binations that were not in actual operation on June 1, 1991, but were

35 in actual operation before July 6, 1991.

36 (d) ADDITIONAL LIMITATIONS.—(1) A commercial motor vehicle combina37 tion whose operation in a State is not prohibited under subsections (b) and

38 (c) of this section may continue to operate in the State on highways de39 scribed in subsection (b) only if at least in compliance with all State laws,

40 regulations, limitations, and conditions, including routing-specific and con41 figuration-specific designations and all other restrictions in force in the
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1 State on June 1, 1991. However, subject to regulations prescribed by the

2 Secretary under subsection (g)(2) of this section, the State may make minor

3 adjustments of a temporary and emergency nature to route designations and

4 vehicle operating restrictions in effect on June 1, 1991, for specific safety

5 purposes and road construction.

6 (2) This section does not prevent a State from further restricting in any

7 way or prohibiting the operation of any commercial motor vehicle combina8 tion subject to this section, except that a restriction or prohibition shall be

9 consistent with this section and sections 31113(a) and (b) and 31114 of this

10 title.

11 (3) A State making a minor adjustment of a temporary and emergency

12 nature as authorized by paragraph (1) of this subsection or further restrict13 ing or prohibiting the operation of a commercial motor vehicle combination

14 as authorized by paragraph (2) of this subsection shall advise the Secretary

15 not later than 30 days after the action. The Secretary shall publish a notice

16 of the action in the Federal Register.

17 (e) LIST OF STATE LENGTH LIMITATIONS.—(1) Not later than February

18 16, 1992, each State shall submit to the Secretary for publication a com19 plete list of State length limitations applicable to commercial motor vehicle

20 combinations operating in the State on the highways described in subsection

21 (b) of this section. The list shall indicate the applicable State laws and regu22 lations associated with the length limitations. If a State does not submit the

23 information as required, the Secretary shall complete and file the informa24 tion for the State.

25 (2) Not later than March 17, 1992, the Secretary shall publish an interim

26 list in the Federal Register consisting of all information submitted under

27 paragraph (1) of this subsection. The Secretary shall review for accuracy

28 all information submitted by a State under paragraph (1) and shall solicit

29 and consider public comment on the accuracy of the information.

30 (3) A law or regulation may not be included on the list submitted by a

31 State or published by the Secretary merely because it authorized, or could

32 have authorized, by permit or otherwise, the operation of commercial motor

33 vehicle combinations not in actual operation on a regular or periodic basis

34 before June 2, 1991.

35 (4) Except as revised under this paragraph or paragraph (5) of this sub36 section, the list shall be published as final in the Federal Register not later

37 than June 15, 1992. In publishing the final list, the Secretary shall make

38 any revisions necessary to correct inaccuracies identified under paragraph

39 (2) of this subsection. After publication of the final list, commercial motor

40 vehicle combinations prohibited under subsection (b) of this section may not

41 operate on the Dwight D. Eisenhower System of Interstate and Defense
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1 Highways and other Federal-aid Primary System highways designated by

2 the Secretary except as published on the list. The list may be combined by

3 the Secretary with the list required under section 127(d) of title 23.

4 (5) On the Secretary’s own motion or on request by any person (including

5 a State), the Secretary shall review the list published under paragraph (4)

6 of this subsection. If the Secretary decides there is reason to believe a mis7 take was made in the accuracy of the list, the Secretary shall begin a pro8 ceeding to decide whether a mistake was made. If the Secretary decides

9 there was a mistake, the Secretary shall publish the correction.

10 (f) LIMITATIONS ON STATUTORY CONSTRUCTION.—This section may not

11 be construed—

12 (1) to allow the operation on any segment of the Dwight D. Eisen13 hower System of Interstate and Defense Highways of a longer com14 bination vehicle prohibited under section 127(d) of title 23;

15 (2) to affect in any way the operation of a commercial motor vehicle

16 having only one property-carrying unit; or

17 (3) to affect in any way the operation in a State of a commercial

18 motor vehicle with more than one property-carrying unit if the vehicle

19 was in actual operation on a regular or periodic basis (including sea20 sonal operation) in that State before June 2, 1991, that was authorized

21 under State law or regulation or lawful State permit.

22 (g) REGULATIONS.—(1) In carrying out this section only, the Secretary

23 shall define by regulation loads that cannot be dismantled easily or divided

24 easily.

25 (2) Not later than June 15, 1992, the Secretary shall prescribe regula26 tions establishing criteria for a State to follow in making minor adjustments

27 under subsection (d) of this section.

28 § 31113. Width limitations

29 (a) GENERAL LIMITATIONS.—(1) Except as provided in subsection (e) of

30 this section, a State (except Hawaii) may not prescribe or enforce a regula31 tion of commerce that imposes a vehicle width limitation of more or less

32 than 102 inches on a commercial motor vehicle operating on—

33 (A) a segment of the Dwight D. Eisenhower System of Interstate

34 and Defense Highways (except a segment exempted under subsection

35 (e) of this section);

36 (B) a qualifying Federal-aid highway designated by the Secretary of

37 Transportation, with traffic lanes designed to be at least 12 feet wide;

38 or

39 (C) a qualifying Federal-aid Primary System highway designated by

40 the Secretary if the Secretary decides the designation is consistent with

41 highway safety.
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1 (2) Notwithstanding paragraph (1) of this subsection, a State may con2 tinue to enforce a regulation of commerce in effect on April 6, 1983, that

3 applies to a commercial motor vehicle of more than 102 inches in width,

4 until the date on which the State prescribes a regulation of commerce that

5 complies with this subsection.

6 (3) A Federal-aid highway (except an interstate highway) not designated

7 under this subsection on June 5, 1984, may be designated under this sub8 section only with the agreement of the chief executive officer of the State

9 in which the highway is located.

10 (b) EXCLUSION OF SAFETY AND ENERGY CONSERVATION DEVICES.—

11 Width calculated under this section does not include a safety or energy con12 servation device the Secretary decides is necessary for safe and efficient op13 eration of a commercial motor vehicle.

14 (c) SPECIAL USE PERMITS.—A State may grant a special use permit to

15 a commercial motor vehicle that is more than 102 inches in width.

16 (d) STATE ENFORCEMENT.—Consistent with this section, a State may

17 enforce a commercial motor vehicle width limitation of 102 inches on a seg18 ment of the Dwight D. Eisenhower System of Interstate and Defense High19 ways (except a segment exempted under subsection (e) of this section) or

20 other qualifying Federal-aid highway designated by the Secretary.

21 (e) EXEMPTIONS.—(1) If the chief executive officer of a State, after con22 sulting under paragraph (2) of this subsection, decides a segment of the

23 Dwight D. Eisenhower System of Interstate and Defense Highways is not

24 capable of safely accommodating a commercial motor vehicle having the

25 width provided in subsection (a) of this section, the chief executive officer

26 may notify the Secretary of that decision and request the Secretary to ex27 empt that segment from subsection (a) to allow the State to impose a width

28 limitation of less than 102 inches for a vehicle (except a bus) on that seg29 ment.

30 (2) Before making a decision under paragraph (1) of this subsection, the

31 chief executive officer shall consult with units of local government in the

32 State in which the segment of the Dwight D. Eisenhower System of Inter33 state and Defense Highways is located and with the chief executive officer

34 of any adjacent State that may be directly affected by the exemption. As

35 part of the consultations, consideration shall be given to any potential alter36 native route that serves the area in which the segment is located and can

37 safely accommodate a commercial motor vehicle having the width provided

38 for in subsection (a) of this section.

39 (3) A chief executive officer’s notification under this subsection must in40 clude specific evidence of safety problems supporting the officer’s decision

41 and the results of consultations about alternative routes.
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1 (4)(A) If the Secretary decides, on request of a chief executive officer or

2 on the Secretary’s own initiative, a segment of the Dwight D. Eisenhower

3 System of Interstate and Defense Highways is not capable of safely accom4 modating a commercial motor vehicle having a width provided in subsection

5 (a) of this section, the Secretary shall exempt the segment from subsection

6 (a) to allow the State to impose a width limitation of less than 102 inches

7 for a vehicle (except a bus) on that segment. Before making a decision

8 under this paragraph, the Secretary shall consider any possible alternative

9 route that serves the area in which the segment is located.

10 (B) The Secretary shall make a decision about a specific segment not

11 later than 120 days after the date of receipt of notification from a chief

12 executive officer under paragraph (1) of this subsection or the date on

13 which the Secretary initiates action under subparagraph (A) of this para14 graph, whichever is applicable. If the Secretary finds the decision will not

15 be made in time, the Secretary immediately shall notify Congress, giving the

16 reasons for the delay, information about the resources assigned, and the

17 projected date for the decision.

18 (C) Before making a decision, the Secretary shall give an interested per19 son notice and an opportunity for comment. If the Secretary exempts a seg20 ment under this subsection before the final regulations under subsection (a)

21 of this section are prescribed, the Secretary shall include the exemption as

22 part of the final regulations. If the Secretary exempts the segment after the

23 final regulations are prescribed, the Secretary shall publish the exemption

24 as an amendment to the final regulations.

25 § 31114. Access to the Interstate System

26 (a) PROHIBITION ON DENYING ACCESS.—A State may not enact or en27 force a law denying to a commercial motor vehicle subject to this subchapter

28 or subchapter I of this chapter reasonable access between—

29 (1) the Dwight D. Eisenhower System of Interstate and Defense

30 Highways (except a segment exempted under section 31111(f) or

31 31113(e) of this title) and other qualifying Federal-aid Primary System

32 highways designated by the Secretary of Transportation; and

33 (2) terminals, facilities for food, fuel, repairs, and rest, and points

34 of loading and unloading for household goods carriers, motor carriers

35 of passengers, or any truck tractor-semitrailer combination in which

36 the semitrailer has a length of not more than 28.5 feet and that gen37 erally operates as part of a vehicle combination described in section

38 31111(c) of this title.

39 (b) EXCEPTION.—This section does not prevent a State or local govern40 ment from imposing reasonable restrictions, based on safety considerations,

41 on a truck tractor-semitrailer combination in which the semitrailer has a
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1 length of not more than 28.5 feet and that generally operates as part of

2 a vehicle combination described in section 31111(c) of this title.

3 § 31115. Enforcement

4 On the request of the Secretary of Transportation, the Attorney General

5 shall bring a civil action for appropriate injunctive relief to ensure compli6 ance with this subchapter or subchapter I of this chapter. The action may

7 be brought in a district court of the United States in any State in which

8 the relief is required. On a proper showing, the court shall issue a tem9 porary restraining order or preliminary or permanent injunction. An injunc10 tion under this section may order a State or person to comply with this sub11 chapter, subchapter I, or a regulation prescribed under this subchapter or

12 subchapter I.

13 SUBCHAPTER III—SAFETY REGULATION

14 § 31131. Purposes and findings

15 (a) PURPOSES.—The purposes of this subchapter are—

16 (1) to promote the safe operation of commercial motor vehicles;

17 (2) to minimize dangers to the health of operators of commercial

18 motor vehicles and other employees whose employment directly affects

19 motor carrier safety; and

20 (3) to ensure increased compliance with traffic laws and with the

21 commercial motor vehicle safety and health regulations and standards

22 prescribed and orders issued under this chapter.

23 (b) FINDINGS.—Congress finds—

24 (1) it is in the public interest to enhance commercial motor vehicle

25 safety and thereby reduce highway fatalities, injuries, and property

26 damage;

27 (2) improved, more uniform commercial motor vehicle safety meas28 ures and strengthened enforcement would reduce the number of fatali29 ties and injuries and the level of property damage related to commer30 cial motor vehicle operations;

31 (3) enhanced protection of the health of commercial motor vehicle

32 operators is in the public interest; and

33 (4) interested State governments can provide valuable assistance to

34 the United States Government in ensuring that commercial motor vehi35 cle operations are conducted safely and healthfully.

36 § 31132. Definitions

37 In this subchapter—

38 (1) ‘‘commercial motor vehicle’’ means a self-propelled or towed vehi39 cle used on the highways in interstate commerce to transport pas40 sengers or property, if the vehicle—

41 (A) has a gross vehicle weight rating of at least 10,001 pounds;
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1 (B) is designed to transport more than 15 passengers including

2 the driver; or

3 (C) is used in transporting material found by the Secretary of

4 Transportation to be hazardous under section 5103 of this title

5 and transported in a quantity requiring placarding under regula6 tions prescribed by the Secretary under section 5103.

7 (2) ‘‘employee’’ means an operator of a commercial motor vehicle (in8 cluding an independent contractor when operating a commercial motor

9 vehicle), a mechanic, a freight handler, or an individual not an em10 ployer, who—

11 (A) directly affects commercial motor vehicle safety in the

12 course of employment; and

13 (B) is not an employee of the United States Government, a

14 State, or a political subdivision of a State acting in the course of

15 the employment by the Government, a State, or a political subdivi16 sion of a State.

17 (3) ‘‘employer’’—

18 (A) means a person engaged in a business affecting interstate

19 commerce that owns or leases a commercial motor vehicle in con20 nection with that business, or assigns an employee to operate it;

21 but

22 (B) does not include the Government, a State, or a political sub23 division of a State.

24 (4) ‘‘interstate commerce’’ means trade, traffic, or transportation in

25 the United States between a place in a State and—

26 (A) a place outside that State (including a place outside the

27 United States); or

28 (B) another place in the same State through another State or

29 through a place outside the United States.

30 (5) ‘‘intrastate commerce’’ means trade, traffic, or transportation in

31 a State that is not interstate commerce.

32 (6) ‘‘regulation’’ includes a standard or order.

33 (7) ‘‘State’’ means a State of the United States, the District of Co34 lumbia, and, in sections 31136 and 31140–31142 of this title, a politi35 cal subdivision of a State.

36 (8) ‘‘State law’’ includes a law enacted by a political subdivision of

37 a State.

38 (9) ‘‘State regulation’’ includes a regulation prescribed by a political

39 subdivision of a State.

40 (10) ‘‘United States’’ means the States of the United States and the

41 District of Columbia.
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1 § 31133. General powers of the Secretary of Transportation

2 (a) GENERAL.—In carrying out this subchapter and regulations pre3 scribed under section 31102 of this title, the Secretary of Transportation

4 may—

5 (1) conduct inspections and investigations;

6 (2) compile statistics;

7 (3) make reports;

8 (4) issue subpenas;

9 (5) require production of records and property;

10 (6) take depositions;

11 (7) hold hearings;

12 (8) prescribe recordkeeping and reporting requirements;

13 (9) conduct or make contracts for studies, development, testing, eval14 uation, and training; and

15 (10) perform other acts the Secretary considers appropriate.

16 (b) CONSULTATION.—In conducting inspections and investigations under

17 subsection (a) of this section, the Secretary shall consult, as appropriate,

18 with employers and employees and their authorized representatives and offer

19 them a right of accompaniment.

20 (c) DELEGATION.—The Secretary may delegate to a State receiving a

21 grant under section 31102 of this title those duties and powers related to

22 enforcement (including conducting investigations) of this subchapter and

23 regulations prescribed under this subchapter that the Secretary considers

24 appropriate.

25 § 31134. Commercial Motor Vehicle Safety Regulatory Re26 view Panel

27 (a) ESTABLISHMENT AND GENERAL DUTY.—The Secretary of Transpor28 tation shall establish the Commercial Motor Vehicle Safety Regulatory Re29 view Panel. The Panel shall analyze and review State laws and regulations

30 under sections 31140 and 31141 of this title.

31 (b) SPECIFIC DUTIES.—The Panel shall—

32 (1) carry out those duties and powers designated to be carried out

33 by the Panel under sections 31140 and 31141 of this title;

34 (2) conduct a study to—

35 (A) evaluate the need, if any, for additional assistance from the

36 United States Government to the States to enable them to enforce

37 the regulations prescribed by the Secretary under section 31136

38 of this title; and

39 (B) decide on other methods of furthering the purposes of this

40 subchapter; and
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1 (3) make recommendations to the Secretary based on the results of

2 the study conducted under clause (2) of this subsection.

3 (c) COMPOSITION, APPOINTMENT, AND TERMS.—(1) The Panel shall be

4 composed of 15 members as follows:

5 (A) the Secretary or the Secretary’s delegate.

6 (B) 7 individuals appointed by the Secretary from among individuals

7 who represent the interests of States and political subdivisions of

8 States and whose names have been submitted to the Secretary by the

9 Committee on Commerce, Science, and Transportation of the Senate or

10 the Committee on Public Works and Transportation of the House of

11 Representatives.

12 (C) 7 individuals appointed by the Secretary from among individuals

13 who represent the interests of business, consumer, labor, and safety

14 groups and whose names have been submitted to the Secretary by the

15 Committee on Commerce, Science, and Transportation of the Senate or

16 the Committee on Public Works and Transportation of the House of

17 Representatives.

18 (2) The Secretary shall select the individuals to be appointed under this

19 subsection on the basis of their knowledge, expertise, or experience related

20 to commercial motor vehicle safety. Half of the appointments shall be made

21 from names submitted by the Committee on Commerce, Science, and Trans22 portation of the Senate, and the other half from names submitted by the

23 Committee on Public Works and Transportation of the House of Represent24 atives. Each of these committees shall submit to the Secretary the names

25 of 20 individuals qualified to serve on the Panel.

26 (3) The term of each member of the Panel appointed under paragraph

27 (1)(B) and (C) of this subsection is 7 years.

28 (4) A vacancy on the Panel shall be filled in the way the original appoint29 ment was made. The vacancy does not affect the Panel’s powers.

30 (d) CHAIRMAN, QUORUM, MEETINGS, AND PAY.—(1) The Secretary is

31 the Chairman of the Panel.

32 (2) Eight members of the Panel are a quorum, but the Panel may estab33 lish a lesser number as a quorum to hold hearings, take testimony, and re34 ceive evidence.

35 (3) The Panel shall meet at the call of the Chairman or a majority of

36 its members.

37 (4) Members of the Panel shall serve without pay, except that they shall

38 receive expenses under section 5703 of title 5.

39 (e) PERSONNEL, OFFICE SPACE, AND SUPPORT SERVICES.—On request

40 of the Panel, the Secretary shall—
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1 (1) detail personnel of the Department of Transportation to the

2 Panel as necessary to assist the Panel in carrying out its duties and

3 powers; and

4 (2) provide office space, supplies, equipment, and other support serv5 ices to the Panel as necessary for the Panel to carry out its duties and

6 powers.

7 (f) HEARINGS AND OTHER ACTIONS.—To carry out the duties and pow8 ers of the Panel under this subchapter, the Panel or any member authorized

9 by the Panel may hold hearings, sit and act at times and places, take testi10 mony, and take other actions the Panel or the member considers advisable.

11 A member of the Panel may administer oaths to witnesses appearing before

12 the Panel or the member.

13 (g) TEMPORARY AND INTERMITTENT SERVICES.—Subject to regulations

14 the Panel may prescribe, the Chairman may procure the temporary or inter15 mittent services of experts or consultants under section 3109 of title 5.

16 § 31135. Duties of employers and employees

17 Each employer and employee shall comply with regulations on commercial

18 motor vehicle safety prescribed by the Secretary of Transportation under

19 this subchapter that apply to the employer’s or employee’s conduct.

20 § 31136. United States Government regulations

21 (a) MINIMUM SAFETY STANDARDS.—Subject to section 30103(a) of this

22 title, the Secretary of Transportation shall prescribe regulations on commer23 cial motor vehicle safety. The regulations shall prescribe minimum safety

24 standards for commercial motor vehicles. At a minimum, the regulations

25 shall ensure that—

26 (1) commercial motor vehicles are maintained, equipped, loaded, and

27 operated safely;

28 (2) the responsibilities imposed on operators of commercial motor ve29 hicles do not impair their ability to operate the vehicles safely;

30 (3) the physical condition of operators of commercial motor vehicles

31 is adequate to enable them to operate the vehicles safely; and

32 (4) the operation of commercial motor vehicles does not have a dele33 terious effect on the physical condition of the operators.

34 (b) ELIMINATING AND AMENDING EXISTING REGULATIONS.—The Sec35 retary may not eliminate or amend an existing motor carrier safety regula36 tion related only to the maintenance, equipment, loading, or operation (in37 cluding routing) of vehicles carrying material found to be hazardous under

38 section 5103 of this title until an equivalent or more stringent regulation

39 has been prescribed under section 5103.
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1 (c) PROCEDURES AND CONSIDERATIONS.—(1) A regulation under this

2 section shall be prescribed under section 553 of title 5 (without regard to

3 sections 556 and 557 of title 5).

4 (2) Before prescribing regulations under this section, the Secretary shall

5 consider, to the extent practicable and consistent with the purposes of this

6 chapter—

7 (A) costs and benefits; and

8 (B) State laws and regulations on commercial motor vehicle safety,

9 to minimize their unnecessary preemption.

10 (d) EFFECT OF EXISTING REGULATIONS.—If the Secretary does not pre11 scribe regulations on commercial motor vehicle safety under this section,

12 regulations on commercial motor vehicle safety prescribed by the Secretary

13 before October 30, 1984, and in effect on October 30, 1984, shall be

14 deemed in this subchapter to be regulations prescribed by the Secretary

15 under this section.

16 (e) WAIVERS.—After notice and an opportunity for comment, the Sec17 retary may waive any part of a regulation prescribed under this section as

18 it applies to a person or class of persons, if the Secretary decides that the

19 waiver is consistent with the public interest and the safe operation of com20 mercial motor vehicles. Under this subsection, the Secretary shall waive the

21 regulations prescribed under this section as they apply to schoolbuses (as

22 defined in section 30125(a) of this title) unless the Secretary decides that

23 making the regulations applicable to schoolbuses is necessary for public

24 safety, considering all laws of the United States and States applicable to

25 schoolbuses. A waiver under this subsection shall be published in the Fed26 eral Register, with the reasons for the waiver.

27 (f) LIMITATIONS ON MUNICIPALITY AND COMMERCIAL ZONE EXEMP28 TIONS AND WAIVERS.—(1) The Secretary may not—

29 (A) exempt a person or commercial motor vehicle from a regulation

30 related to commercial motor vehicle safety only because the operations

31 of the person or vehicle are entirely in a municipality or commercial

32 zone of a municipality; or

33 (B) waive application to a person or commercial motor vehicle of a

34 regulation related to commercial motor vehicle safety only because the

35 operations of the person or vehicle are entirely in a municipality or

36 commercial zone of a municipality.

37 (2) If a person was authorized to operate a commercial motor vehicle in

38 a municipality or commercial zone of a municipality in the United States

39 for the entire period from November 19, 1987, through November 18, 1988,

40 and if the person is otherwise qualified to operate a commercial motor vehi-
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1 cle, the person may operate a commercial motor vehicle entirely in a munici2 pality or commercial zone of a municipality notwithstanding—

3 (A) paragraph (1) of this subsection;

4 (B) a minimum age requirement of the United States Government

5 for operation of the vehicle; and

6 (C) a medical or physical condition that—

7 (i) would prevent an operator from operating a commercial

8 motor vehicle under the commercial motor vehicle safety regula9 tions in title 49, Code of Federal Regulations;

10 (ii) existed on July 1, 1988;

11 (iii) has not substantially worsened; and

12 (iv) does not involve alcohol or drug abuse.

13 (3) This subsection does not affect a State commercial motor vehicle safe14 ty law applicable to intrastate commerce.

15 § 31137. Monitoring device and brake maintenance regula16 tions

17 (a) USE OF MONITORING DEVICES.—If the Secretary of Transportation

18 prescribes a regulation about the use of monitoring devices on commercial

19 motor vehicles to increase compliance by operators of the vehicles with hours

20 of service regulations of the Secretary, the regulation shall ensure that the

21 devices are not used to harass vehicle operators. However, the devices may

22 be used to monitor productivity of the operators.

23 (b) BRAKES AND BRAKE SYSTEMS MAINTENANCE REGULATIONS.—Not

24 later than December 31, 1990, the Secretary shall prescribe regulations on

25 improved standards or methods to ensure that brakes and brake systems

26 of commercial motor vehicles are maintained properly and inspected by ap27 propriate employees. At a minimum, the regulations shall establish mini28 mum training requirements and qualifications for employees responsible for

29 maintaining and inspecting the brakes and brake systems.

30 § 31138. Minimum financial responsibility for transporting

31 passengers

32 (a) GENERAL REQUIREMENT.—The Secretary of Transportation shall

33 prescribe regulations to require minimum levels of financial responsibility

34 sufficient to satisfy liability amounts established by the Secretary covering

35 public liability and property damage for the transportation of passengers for

36 compensation by motor vehicle in the United States between a place in a

37 State and—

38 (1) a place in another State;

39 (2) another place in the same State through a place outside of that

40 State; or

41 (3) a place outside the United States.
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1 (b) MINIMUM AMOUNTS.—The level of financial responsibility established

2 under subsection (a) of this section for a motor vehicle with a seating capac3 ity of—

4 (1) at least 16 passengers shall be at least $5,000,000; and

5 (2) not more than 15 passengers shall be at least $1,500,000.

6 (c) EVIDENCE OF FINANCIAL RESPONSIBILITY.—(1) Subject to para7 graph (2) of this subsection, financial responsibility may be established by

8 evidence of one or a combination of the following if acceptable to the Sec9 retary of Transportation:

10 (A) insurance, including high self-retention.

11 (B) a guarantee.

12 (C) a surety bond issued by a bonding company authorized to do

13 business in the United States.

14 (2) A person domiciled in a country contiguous to the United States and

15 providing transportation to which a minimum level of financial responsibility

16 under this section applies shall have evidence of financial responsibility in

17 the motor vehicle when the person is providing the transportation. If evi18 dence of financial responsibility is not in the vehicle, the Secretary of Trans19 portation and the Secretary of the Treasury shall deny entry of the vehicle

20 into the United States.

21 (d) CIVIL PENALTY.—(1) If, after notice and an opportunity for a hear22 ing, the Secretary of Transportation finds that a person (except an em23 ployee acting without knowledge) has knowingly violated this section or a

24 regulation prescribed under this section, the person is liable to the United

25 States Government for a civil penalty of not more than $10,000 for each

26 violation. A separate violation occurs for each day the violation continues.

27 (2) The Secretary of Transportation shall impose the penalty by written

28 notice. In determining the amount of the penalty, the Secretary shall con29 sider—

30 (A) the nature, circumstances, extent, and gravity of the violation;

31 (B) with respect to the violator, the degree of culpability, any history

32 of prior violations, the ability to pay, and any effect on the ability to

33 continue doing business; and

34 (C) other matters that justice requires.

35 (3) The Secretary of Transportation may compromise the penalty before

36 referring the matter to the Attorney General for collection.

37 (4) The Attorney General shall bring a civil action in an appropriate dis38 trict court of the United States to collect a penalty referred to the Attorney

39 General for collection under this subsection.
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1 (5) The amount of the penalty may be deducted from amounts the Gov2 ernment owes the person. An amount collected under this section shall be

3 deposited in the Treasury as miscellaneous receipts.

4 (e) NONAPPLICATION.—This section does not apply to a motor vehicle—

5 (1) transporting only school children and teachers to or from school;

6 (2) providing taxicab service, having a seating capacity of not more

7 than 6 passengers, and not being operated on a regular route or be8 tween specified places; or

9 (3) carrying not more than 15 individuals in a single, daily round

10 trip to and from work.

11 § 31139. Minimum financial responsibility for transporting

12 property

13 (a) DEFINITIONS.—In this section—

14 (1) ‘‘farm vehicle’’ means a vehicle—

15 (A) designed or adapted and used only for agriculture;

16 (B) operated by a motor private carrier (as defined in section

17 10102 of this title); and

18 (C) operated only incidentally on highways.

19 (2) ‘‘interstate commerce’’ includes transportation between a place in

20 a State and a place outside the United States, to the extent the trans21 portation is in the United States.

22 (3) ‘‘State’’ means a State of the United States, the District of Co23 lumbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and

24 the Northern Mariana Islands.

25 (b) GENERAL REQUIREMENT AND MINIMUM AMOUNT.—(1) The Sec26 retary of Transportation shall prescribe regulations to require minimum lev27 els of financial responsibility sufficient to satisfy liability amounts estab28 lished by the Secretary covering public liability, property damage, and envi29 ronmental restoration for the transportation of property for compensation

30 by motor vehicle in the United States between a place in a State and—

31 (A) a place in another State;

32 (B) another place in the same State through a place outside of that

33 State; or

34 (C) a place outside the United States.

35 (2) The level of financial responsibility established under paragraph (1)

36 of this subsection shall be at least $750,000.

37 (c) REQUIREMENTS FOR HAZARDOUS MATTER AND OIL.—(1) The Sec38 retary of Transportation shall prescribe regulations to require minimum lev39 els of financial responsibility sufficient to satisfy liability amounts estab40 lished by the Secretary covering public liability, property damage, and envi-
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1 ronmental restoration for the transportation by motor vehicle in interstate

2 or intrastate commerce of—

3 (A) hazardous material (as defined by the Secretary);

4 (B) oil or hazardous substances (as defined by the Administrator of

5 the Environmental Protection Agency); or

6 (C) hazardous wastes (as defined by the Administrator).

7 (2)(A) Except as provided in subparagraph (B) of this paragraph, the

8 level of financial responsibility established under paragraph (1) of this sub9 section shall be at least $5,000,000 for the transportation—

10 (i) of hazardous substances (as defined by the Administrator) in

11 cargo tanks, portable tanks, or hopper-type vehicles, with capacities of

12 more than 3,500 water gallons;

13 (ii) in bulk of class A explosives, poison gas, liquefied gas, or com14 pressed gas; or

15 (iii) of large quantities of radioactive material.

16 (B) The Secretary of Transportation by regulation may reduce the mini17 mum level in subparagraph (A) of this paragraph (to an amount not less

18 than $1,000,000) for transportation described in subparagraph (A) in any

19 of the territories of Puerto Rico, the Virgin Islands, American Samoa,

20 Guam, and the Northern Mariana Islands if—

21 (i) the chief executive officer of the territory requests the reduction;

22 (ii) the reduction will prevent a serious disruption in transportation

23 service and will not adversely affect public safety; and

24 (iii) insurance of $5,000,000 is not readily available.

25 (3) The level of financial responsibility established under paragraph (1)

26 of this subsection for the transportation of a material, oil, substance, or

27 waste not subject to paragraph (2) of this subsection shall be at least

28 $1,000,000. However, if the Secretary of Transportation finds it will not

29 adversely affect public safety, the Secretary by regulation may reduce the

30 amount for—

31 (A) a class of vehicles transporting such a material, oil, substance,

32 or waste in intrastate commerce (except in bulk); and

33 (B) a farm vehicle transporting such a material or substance in

34 interstate commerce (except in bulk).

35 (d) FOREIGN MOTOR CARRIERS AND PRIVATE CARRIERS.—Regulations

36 prescribed under this section may allow foreign motor carriers and foreign

37 motor private carriers (as those terms are defined in section 10530 of this

38 title) providing transportation of property under a certificate of registration

39 issued under section 10530 to meet the minimum levels of financial respon40 sibility under this section only when those carriers are providing transpor41 tation for property in the United States.
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1 (e) EVIDENCE OF FINANCIAL RESPONSIBILITY.—(1) Subject to para2 graph (2) of this subsection, financial responsibility may be established by

3 evidence of one or a combination of the following if acceptable to the Sec4 retary of Transportation:

5 (A) insurance.

6 (B) a guarantee.

7 (C) a surety bond issued by a bonding company authorized to do

8 business in the United States.

9 (D) qualification as a self-insurer.

10 (2) A person domiciled in a country contiguous to the United States and

11 providing transportation to which a minimum level of financial responsibility

12 under this section applies shall have evidence of financial responsibility in

13 the motor vehicle when the person is providing the transportation. If evi14 dence of financial responsibility is not in the vehicle, the Secretary of Trans15 portation and the Secretary of the Treasury shall deny entry of the vehicle

16 into the United States.

17 (f) CIVIL PENALTY.—(1) If, after notice and an opportunity for a hear18 ing, the Secretary of Transportation finds that a person (except an em19 ployee acting without knowledge) has knowingly violated this section or a

20 regulation prescribed under this section, the person is liable to the United

21 States Government for a civil penalty of not more than $10,000 for each

22 violation. A separate violation occurs for each day the violation continues.

23 (2) The Secretary of Transportation shall impose the penalty by written

24 notice. In determining the amount of the penalty, the Secretary shall con25 sider—

26 (A) the nature, circumstances, extent, and gravity of the violation;

27 (B) with respect to the violator, the degree of culpability, any history

28 of prior violations, the ability to pay, and any effect on the ability to

29 continue doing business; and

30 (C) other matters that justice requires.

31 (3) The Secretary of Transportation may compromise the penalty before

32 referring the matter to the Attorney General for collection.

33 (4) The Attorney General shall bring a civil action in an appropriate dis34 trict court of the United States to collect a penalty referred to the Attorney

35 General for collection under this subsection.

36 (5) The amount of the penalty may be deducted from amounts the Gov37 ernment owes the person. An amount collected under this section shall be

38 deposited in the Treasury as miscellaneous receipts.

39 (g) NONAPPLICATION.—This section does not apply to a motor vehicle

40 having a gross vehicle weight rating of less than 10,000 pounds if the vehi41 cle is not used to transport in interstate or foreign commerce—
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1 (1) class A or B explosives;

2 (2) poison gas; or

3 (3) a large quantity of radioactive material.

4 § 31140. Submission of State laws and regulations for review

5 (a) GENERAL.—A State that enacts a State law or issues a regulation

6 on commercial motor vehicle safety shall submit a copy of the law or regula7 tion to the Secretary of Transportation and the Commercial Motor Vehicle

8 Safety Regulatory Review Panel immediately after the enactment or issu9 ance.

10 (b) ADDITIONAL INFORMATION.—As soon as practicable but not later

11 than a date the Panel may establish, a State that submits a State law or

12 regulation under this section to the Panel shall—

13 (1) indicate in writing to the Panel whether the law or regulation—

14 (A) has the same effect as a regulation prescribed by the Sec15 retary under section 31136 of this title;

16 (B) is less stringent than that regulation; or

17 (C) is additional to or more stringent than that regulation; and

18 (2) submit to the Panel other information the Panel or the Secretary

19 may require to carry out this subchapter.

20 § 31141. Review and preemption of State laws and regula21 tions

22 (a) PREEMPTION AFTER DECISION.—A State may not enforce a State

23 law or regulation on commercial motor vehicle safety that the Secretary of

24 Transportation decides under this section may not be enforced.

25 (b) ANALYSIS AND DECISIONS BY THE PANEL.—(1) The Commercial

26 Motor Vehicle Safety Regulatory Review Panel annually shall analyze State

27 laws and regulations and decide which of those laws and regulations are re28 lated to commercial motor vehicle safety.

29 (2) Not later than one year after the date the Secretary prescribes a reg30 ulation under section 31136 of this title or one year after the date the Panel

31 decides under paragraph (1) of this subsection that a State law or regula32 tion is related to commercial motor vehicle safety, whichever is later, the

33 Panel shall—

34 (A) decide whether the State law or regulation—

35 (i) has the same effect as the regulation prescribed by the Sec36 retary;

37 (ii) is less stringent than that regulation; or

38 (iii) is additional to or more stringent than that regulation;

39 (B) decide, for each State law or regulation that the Panel decides

40 is additional to or more stringent than the regulation prescribed by the

41 Secretary, whether—
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1 (i) the State law or regulation has no safety benefit;

2 (ii) the State law or regulation is incompatible with the regula3 tion prescribed by the Secretary; or

4 (iii) enforcement of the State law or regulation would cause an

5 unreasonable burden on interstate commerce; and

6 (C) notify the Secretary of the Panel’s decisions under this sub7 section.

8 (c) REVIEW AND DECISIONS BY SECRETARY.—(1) The Secretary shall re9 view each State law and regulation on commercial motor vehicle safety. Not

10 later than 18 months after the date the Panel notifies the Secretary of a

11 decision under subsection (b) of this section, the Secretary shall—

12 (A) conduct a regulatory proceeding to decide under this subsection

13 whether the State law or regulation may be enforced; and

14 (B) prescribe a final regulation.

15 (2) If the Secretary decides a State law or regulation has the same effect

16 as a regulation prescribed by the Secretary under section 31136 of this title,

17 the State law or regulation may be enforced.

18 (3) If the Secretary decides a State law or regulation is less stringent

19 than a regulation prescribed by the Secretary under section 31136 of this

20 title, the State law or regulation may not be enforced.

21 (4) If the Secretary decides a State law or regulation is additional to or

22 more stringent than a regulation prescribed by the Secretary under section

23 31136 of this title, the State law or regulation may be enforced unless the

24 Secretary also decides that—

25 (A) the State law or regulation has no safety benefit;

26 (B) the State law or regulation is incompatible with the regulation

27 prescribed by the Secretary; or

28 (C) enforcement of the State law or regulation would cause an un29 reasonable burden on interstate commerce.

30 (5)(A) In deciding about a State law or regulation under this subsection,

31 the Secretary shall give great weight to the corresponding decision made by

32 the Panel about that law or regulation under subsection (b) of this section.

33 (B) In deciding under paragraph (4) of this subsection whether a State

34 law or regulation will cause an unreasonable burden on interstate commerce,

35 the Secretary may consider the effect on interstate commerce of implemen36 tation of that law or regulation with the implementation of all similar laws

37 and regulations of other States.

38 (d) WAIVERS.—(1) A person (including a State) may petition the Sec39 retary for a waiver of a decision of the Secretary that a State law or regula40 tion may not be enforced under this section. The Secretary shall grant the

41 waiver, as expeditiously as possible, if the person demonstrates to the satis-
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1 faction of the Secretary that the waiver is consistent with the public interest

2 and the safe operation of commercial motor vehicles.

3 (2) Before deciding whether to grant or deny a petition for a waiver

4 under this subsection, the Secretary shall give the petitioner an opportunity

5 for a hearing on the record.

6 (e) CONSOLIDATING PROCEEDINGS.—The Secretary may consolidate reg7 ulatory proceedings under this section if the Secretary decides that the con8 solidation will not adversely affect a party to a proceeding.

9 (f) WRITTEN NOTICE OF DECISIONS.—Not later than 10 days after mak10 ing a decision under subsection (c) of this section that a State law or regu11 lation may not be enforced, the Secretary shall give written notice to the

12 State of that decision.

13 (g) JUDICIAL REVIEW AND VENUE.—(1) Not later than 60 days after the

14 Secretary makes a decision under subsection (c) of this section, or grants

15 or denies a petition for a waiver under subsection (d) of this section, a per16 son (including a State) adversely affected by the decision, grant, or denial

17 may file a petition for judicial review. The petition may be filed in the court

18 of appeals of the United States for the District of Columbia Circuit or in

19 the court of appeals of the United States for the circuit in which the person

20 resides or has its principal place of business.

21 (2) The court has jurisdiction to review the decision, grant, or denial and

22 to grant appropriate relief, including interim relief, as provided in chapter

23 7 of title 5.

24 (3) A judgment of a court under this subsection may be reviewed only

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

26 (4) The remedies provided for in this subsection are in addition to other

27 remedies provided by law.

28 (h) INITIATING REVIEW PROCEEDINGS.—To review a State law or regula29 tion on commercial motor vehicle safety under this section, the Secretary

30 may initiate a regulatory proceeding on the Secretary’s own initiative or on

31 petition of an interested person (including a State).

32 § 31142. Inspection of vehicles

33 (a) INSPECTION OF SAFETY EQUIPMENT.—On the instruction of an au34 thorized enforcement official of a State or of the United States Government,

35 a commercial motor vehicle is required to pass an inspection of all safety

36 equipment required under part 393 of title 49, Code of Federal Regulations.

37 (b) INSPECTION OF VEHICLES AND RECORD RETENTION.—The Secretary

38 of Transportation shall prescribe regulations on Government standards for

39 inspection of commercial motor vehicles and retention by employers of

40 records of an inspection. The standards shall provide for annual or more

41 frequent inspections of a commercial motor vehicle unless the Secretary
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1 finds that another inspection system is as effective as an annual or more

2 frequent inspection system. Regulations prescribed under this subsection are

3 deemed to be regulations prescribed under section 31136 of this title.

4 (c) PREEMPTION.—(1) Except as provided in paragraph (2) of this sub5 section, this subchapter and section 31102 of this title do not—

6 (A) prevent a State or voluntary group of States from imposing more

7 stringent standards for use in their own periodic roadside inspection

8 programs of commercial motor vehicles;

9 (B) prevent a State from enforcing a program for inspection of com10 mercial motor vehicles that the Secretary decides is as effective as the

11 Government standards prescribed under subsection (b) of this section;

12 (C) prevent a State from enforcing a program for inspection of com13 mercial motor vehicles that meets the requirements for membership in

14 the Commercial Vehicle Safety Alliance, as those requirements were in

15 effect on October 30, 1984; or

16 (D) require a State that is enforcing a program described in clause

17 (B) or (C) of this paragraph to enforce a Government standard pre18 scribed under subsection (b) of this section or to adopt a provision on

19 inspection of commercial motor vehicles in addition to that program to

20 comply with the Government standards.

21 (2) The Government standards prescribed under subsection (b) of this

22 section shall preempt a program of a State described in paragraph (1)(C)

23 of this subsection as the program applies to the inspection of commercial

24 motor vehicles in that State. The State may not enforce the program if the

25 Secretary—

26 (A) decides, after notice and an opportunity for a hearing, that the

27 State is not enforcing the program in a way that achieves the objectives

28 of this section; and

29 (B) after making a decision under clause (A) of this paragraph, pro30 vides the State with a 6-month period to improve the enforcement of

31 the program to achieve the objectives of this section.

32 (d) INSPECTION TO BE ACCEPTED AS ADEQUATE IN ALL STATES.—A

33 periodic inspection of a commercial motor vehicle under the Government

34 standards prescribed under subsection (b) of this section or a program de35 scribed in subsection (c)(1)(B) or (C) of this section that is being enforced

36 shall be recognized as adequate in every State for the period of the inspec37 tion. This subsection does not prohibit a State from making random inspec38 tions of commercial motor vehicles.

39 (e) EFFECT OF GOVERNMENT STANDARDS.—The Government standards

40 prescribed under subsection (b) of this section may not be enforced as the

41 standards apply to the inspection of commercial motor vehicles in a State
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1 enforcing a program described in subsection (c)(1)(B) or (C) of this section

2 if the Secretary decides that it is in the public interest and consistent with

3 public safety for the Government standards not to be enforced as they apply

4 to that inspection.

5 (f) APPLICATION OF STATE REGULATIONS TO GOVERNMENT-LEASED VE6 HICLES AND OPERATORS.—A State receiving financial assistance under sec7 tion 31102 of this title in a fiscal year may enforce in that fiscal year a

8 regulation on commercial motor vehicle safety adopted by the State as the

9 regulation applies to commercial motor vehicles and operators leased to the

10 Government.

11 § 31143. Investigating complaints and protecting complain12 ants

13 (a) INVESTIGATING COMPLAINTS.—The Secretary of Transportation shall

14 conduct a timely investigation of a nonfrivolous written complaint alleging

15 that a substantial violation of a regulation prescribed under this subchapter

16 is occurring or has occurred within the prior 60 days. The Secretary shall

17 give the complainant timely notice of the findings of the investigation. The

18 Secretary is not required to conduct separate investigations of duplicative

19 complaints.

20 (b) PROTECTING COMPLAINANTS.—Notwithstanding section 552 of title

21 5, the Secretary may disclose the identity of a complainant only if disclosure

22 is necessary to prosecute a violation. If disclosure becomes necessary, the

23 Secretary shall take every practical means within the Secretary’s authority

24 to ensure that the complainant is not subject to harassment, intimidation,

25 disciplinary action, discrimination, or financial loss because of the disclo26 sure.

27 § 31144. Safety fitness of owners and operators

28 (a) PROCEDURE.—(1) In cooperation with the Interstate Commerce Com29 mission, the Secretary of Transportation shall prescribe regulations estab30 lishing a procedure to decide on the safety fitness of owners and operators

31 of commercial motor vehicles, including persons seeking new or additional

32 operating authority as motor carriers under sections 10922 and 10923 of

33 this title. The procedure shall include—

34 (A) specific initial and continuing requirements to be met by the

35 owners, operators, and persons to prove safety fitness;

36 (B) a means of deciding whether the owners, operators, and persons

37 meet the safety fitness requirements under clause (A) of this para38 graph; and

39 (C) specific time deadlines for action by the Secretary and the Com40 mission in making fitness decisions.
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1 (2) Regulations prescribed under this subsection supersede all regulations

2 of the United States Government on safety fitness and safety rating of

3 motor carriers in effect on October 30, 1984.

4 (b) FINDINGS AND ACTION ON APPLICATIONS.—The Commission shall—

5 (1) find an applicant for authority to operate as a motor carrier

6 unfit if the applicant does not meet the safety fitness requirements es7 tablished under subsection (a) of this section; and

8 (2) deny the application.

9 § 31145. Coordination of Governmental activities and paper10 work

11 The Secretary of Transportation shall coordinate the activities of depart12 ments, agencies, and instrumentalities of the United States Government to

13 ensure adequate protection of the safety and health of operators of commer14 cial motor vehicles. The Secretary shall attempt to minimize paperwork bur15 dens to ensure maximum coordination and to avoid overlap and the imposi16 tion of unreasonable burdens on persons subject to regulations under this

17 subchapter.

18 § 31146. Relationship to other laws

19 Except as provided in section 31136(b) of this title, this subchapter and

20 the regulations prescribed under this subchapter do not affect chapter 51

21 of this title or a regulation prescribed under chapter 51.

22 § 31147. Limitations on authority

23 (a) TRAFFIC REGULATIONS.—This subchapter does not authorize the

24 Secretary of Transportation to prescribe traffic safety regulations or pre25 empt State traffic regulations. However, the Secretary may prescribe traffic

26 regulations to the extent their subject matter was regulated under parts

27 390–399 of title 49, Code of Federal Regulations, on October 30, 1984.

28 (b) REGULATING THE MANUFACTURING OF VEHICLES.—This subchapter

29 does not authorize the Secretary to regulate the manufacture of commercial

30 motor vehicles for any purpose, including fuel economy, safety, or emission

31 control.

32 SUBCHAPTER IV—MISCELLANEOUS

33 § 31161. Procedures to ensure timely correction of safety

34 violations

35 (a) DEFINITION.—Section 31132(1) of this title applies to this section.

36 (b) GENERAL.—Not later than August 3, 1991, the Secretary of Trans37 portation shall prescribe regulations establishing procedures to ensure the

38 proper and timely correction of commercial motor vehicle safety violations

39 noted during an inspection carried out with money authorized under section

40 31104 of this title.
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1 (c) VERIFICATION PROGRAM.—The regulations shall establish a verifica2 tion program for United States Government inspectors and States partici3 pating under section 31102 of this title to ensure that commercial motor

4 vehicles and their operators found in violation of safety requirements have

5 been brought into compliance with those requirements. The regulations shall

6 include—

7 (1) a nationwide system for random reinspection of the commercial

8 motor vehicles and their operators that have been declared out-of-serv9 ice because of those safety violations, with the main purpose of the sys10 tem being to verify that the violations have been corrected on a timely

11 basis;

12 (2) a program of accountability for correcting all safety violations

13 that shall provide that—

14 (A) the operator of a commercial motor vehicle for which a safe15 ty violation has been noted shall be issued a form prescribed by

16 the Secretary;

17 (B) the person making the repairs necessary to correct the vio18 lation shall certify on the form the making of repairs and the date,

19 location, and time of the repairs;

20 (C) the motor carrier responsible for the commercial motor vehi21 cle or operator shall certify on the form that, based on the car22 rier’s knowledge, the repairs necessary to correct the violation

23 have been made; and

24 (D) appropriate State penalties shall be imposed for a false

25 statement on the form or a failure to return the form to the ap26 propriate State entity; and

27 (3) a system for ensuring that appropriate State penalties are im28 posed for failure to correct any of those safety violations.

29 § 31162. Compliance review priority

30 If the Secretary of Transportation identifies a pattern of violations of

31 State or local traffic safety laws or regulations or commercial motor vehicle

32 safety regulations, standards, or orders among drivers of commercial motor

33 vehicles employed by a particular motor carrier, the Secretary or a State

34 representative shall ensure that the motor carrier receives a high priority

35 for review of that carrier’s compliance with applicable United States Gov36 ernment and State commercial motor vehicle safety regulations.

37 CHAPTER 313—COMMERCIAL MOTOR VEHICLE

38 OPERATORS

Sec.

31301. Definitions.

31302. Limitation on the number of driver’s licenses.

31303. Notification requirements.

31304. Employer responsibilities.
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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.

1 § 31301. Definitions

2 In this chapter—

3 (1) ‘‘alcohol’’ has the same meaning given the term ‘‘alcoholic bev4 erage’’ in section 158(c) of title 23.

5 (2) ‘‘commerce’’ means trade, traffic, and transportation—

6 (A) in the jurisdiction of the United States between a place in

7 a State and a place outside that State (including a place outside

8 the United States); or

9 (B) in the United States that affects trade, traffic, and trans10 portation described in subclause (A) of this clause.

11 (3) ‘‘commercial driver’s license’’ means a license issued by a State

12 to an individual authorizing the individual to operate a class of com13 mercial motor vehicles.

14 (4) ‘‘commercial motor vehicle’’ means a motor vehicle used in com15 merce to transport passengers or property that—

16 (A) has a gross vehicle weight rating of at least 26,001 pounds

17 or a lesser gross vehicle weight rating the Secretary of Transpor18 tation prescribes by regulation, but not less than a gross vehicle

19 weight rating of 10,001 pounds;

20 (B) is designed to transport at least 16 passengers including the

21 driver; or

22 (C) is used to transport material found by the Secretary to be

23 hazardous under section 5103 of this title, except that a vehicle

24 shall not be included as a commercial motor vehicle under this

25 subclause if—

26 (i) the vehicle does not satisfy the weight requirements of

27 subclause (A) of this clause;

28 (ii) the vehicle transporting material listed as hazardous

29 under section 306(a) of the Comprehensive Environmental

30 Response, Compensation, and Liability Act of 1980 (42

31 U.S.C. 9656(a)) and not otherwise regulated by the Secretary

32 or transporting a consumer commodity or limited quantity of
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1 hazardous material as defined in section 171.8 of title 49,

2 Code of Federal Regulations; and

3 (iii) the Secretary does not deny the application of this ex4 ception to the vehicle (individually or as part of a class of

5 motor vehicles) in the interest of safety.

6 (5) except in section 31306, ‘‘controlled substance’’ has the same

7 meaning given that term in section 102 of the Comprehensive Drug

8 Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).

9 (6) ‘‘driver’s license’’ means a license issued by a State to an individ10 ual authorizing the individual to operate a motor vehicle on highways.

11 (7) ‘‘employee’’ means an operator of a commercial motor vehicle (in12 cluding an independent contractor when operating a commercial motor

13 vehicle) who is employed by an employer.

14 (8) ‘‘employer’’ means a person (including the United States Govern15 ment, a State, or a political subdivision of a State) that owns or leases

16 a commercial motor vehicle or assigns employees to operate a commer17 cial motor vehicle.

18 (9) ‘‘felony’’ means an offense under a law of the United States or

19 a State that is punishable by death or imprisonment for more than one

20 year.

21 (10) ‘‘hazardous material’’ has the same meaning given that term in

22 section 5102 of this title.

23 (11) ‘‘motor vehicle’’ means a vehicle, machine, tractor, trailer, or

24 semitrailer propelled or drawn by mechanical power and used on public

25 streets, roads, or highways, but does not include a vehicle, machine,

26 tractor, trailer, or semitrailer operated only on a rail line or custom

27 harvesting farm machinery.

28 (12) ‘‘serious traffic violation’’ means—

29 (A) excessive speeding, as defined by the Secretary by regula30 tion;

31 (B) reckless driving, as defined under State or local law;

32 (C) a violation of a State or local law on motor vehicle traffic

33 control (except a parking violation) and involving a fatality; and

34 (D) any other similar violation of a State or local law on motor

35 vehicle traffic control (except a parking violation) that the Sec36 retary designates by regulation as serious.

37 (13) ‘‘State’’ means a State of the United States and the District

38 of Columbia.

39 (14) ‘‘United States’’ means the States of the United States and the

40 District of Columbia.
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1 § 31302. Limitation on the number of driver’s licenses

2 An individual operating a commercial motor vehicle may have only one

3 driver’s license at any time, except during the 10-day period beginning on

4 the date the individual is issued a driver’s license.

5 § 31303. Notification requirements

6 (a) VIOLATIONS.—An individual operating a commercial motor vehicle,

7 having a driver’s license issued by a State, and violating a State or local

8 law on motor vehicle traffic control (except a parking violation) shall notify

9 the individual’s employer of the violation. If the violation occurred in a State

10 other than the issuing State, the individual also shall notify a State official

11 designated by the issuing State. The notifications required by this sub12 section shall be made not later than 30 days after the date the individual

13 is found to have committed the violation.

14 (b) REVOCATIONS, SUSPENSIONS, AND CANCELLATIONS.—An employee

15 who has a driver’s license revoked, suspended, or canceled by a State, who

16 loses the right to operate a commercial motor vehicle in a State for any pe17 riod, or who is disqualified from operating a commercial motor vehicle for

18 any period, shall notify the employee’s employer of the action not later than

19 30 days after the date of the action.

20 (c) PREVIOUS EMPLOYMENT.—(1) Subject to paragraph (2) of this sub21 section, an individual applying for employment as an operator of a commer22 cial motor vehicle shall notify the prospective employer, at the time of the

23 application, of any previous employment as an operator of a commercial

24 motor vehicle.

25 (2) The Secretary of Transportation shall prescribe by regulation the pe26 riod for which notice of previous employment must be given under para27 graph (1) of this subsection. However, the period may not be less than the

28 10-year period ending on the date of the application.

29 § 31304. Employer responsibilities

30 An employer may not knowingly allow an employee to operate a commer31 cial motor vehicle in the United States during a period in which the em32 ployee—

33 (1) has a driver’s license revoked, suspended, or canceled by a State,

34 has lost the right to operate a commercial motor vehicle in a State, or

35 has been disqualified from operating a commercial motor vehicle; or

36 (2) has more than one driver’s license (except as allowed under sec37 tion 31302 of this title).

38 § 31305. General driver fitness and testing

39 (a) MINIMUM STANDARDS FOR TESTING AND FITNESS.—The Secretary

40 of Transportation shall prescribe regulations on minimum standards for
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1 testing and ensuring the fitness of an individual operating a commercial

2 motor vehicle. The regulations—

3 (1) shall prescribe minimum standards for written and driving tests

4 of an individual operating a commercial motor vehicle;

5 (2) shall require an individual who operates or will operate a com6 mercial motor vehicle to take a driving test in a vehicle representative

7 of the type of vehicle the individual operates or will operate;

8 (3) shall prescribe minimum testing standards for the operation of

9 a commercial motor vehicle and may prescribe different minimum test10 ing standards for different classes of commercial motor vehicles;

11 (4) shall ensure that an individual taking the tests has a working

12 knowledge of—

13 (A) regulations on the safe operation of a commercial motor ve14 hicle prescribed by the Secretary and contained in title 49, Code

15 of Federal Regulations; and

16 (B) safety systems of the vehicle;

17 (5) shall ensure that an individual who operates or will operate a

18 commercial motor vehicle carrying a hazardous material—

19 (A) is qualified to operate the vehicle under regulations on

20 motor vehicle transportation of hazardous material prescribed

21 under chapter 51 of this title; and

22 (B) has a working knowledge of—

23 (i) those regulations;

24 (ii) the handling of hazardous material;

25 (iii) the operation of emergency equipment used in response

26 to emergencies arising out of the transportation of hazardous

27 material; and

28 (iv) appropriate response procedures to follow in those

29 emergencies;

30 (6) shall establish minimum scores for passing the tests;

31 (7) shall ensure that an individual taking the tests is qualified to op32 erate a commercial motor vehicle under regulations prescribed by the

33 Secretary and contained in title 49, Code of Federal Regulations, to

34 the extent the regulations apply to the individual; and

35 (8) may require—

36 (A) issuance of a certification of fitness to operate a commercial

37 motor vehicle to an individual passing the tests; and

38 (B) the individual to have a copy of the certification in the indi39 vidual’s possession when the individual is operating a commercial

40 motor vehicle.
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1 (b) REQUIREMENTS FOR OPERATING VEHICLES.—(1) Except as provided

2 in paragraph (2) of this subsection, an individual may operate a commercial

3 motor vehicle only if the individual has passed written and driving tests to

4 operate the vehicle that meet the minimum standards prescribed by the Sec5 retary under subsection (a) of this section.

6 (2) The Secretary may prescribe regulations providing that an individual

7 may operate a commercial motor vehicle for not more than 90 days if the

8 individual—

9 (A) passes a driving test for operating a commercial motor vehicle

10 that meets the minimum standards prescribed under subsection (a) of

11 this section; and

12 (B) has a driver’s license that is not suspended, revoked, or canceled.

13 § 31306. Alcohol and controlled substances testing

14 (a) DEFINITION.—In this section, ‘‘controlled substance’’ means any sub15 stance under section 102 of the Comprehensive Drug Abuse Prevention and

16 Control Act of 1970 (21 U.S.C. 802) specified by the Secretary of Trans17 portation.

18 (b) TESTING PROGRAM FOR OPERATORS OF COMMERCIAL MOTOR VEHI19 CLES.—(1)(A) In the interest of commercial motor vehicle safety, the Sec20 retary of Transportation shall prescribe regulations not later than October

21 28, 1992, that establish a program requiring motor carriers to conduct

22 preemployment, reasonable suspicion, random, and post-accident testing of

23 operators of commercial motor vehicles for the use of alcohol or a controlled

24 substance in violation of law or a United States Government regulation.

25 (B) When the Secretary of Transportation considers it appropriate in the

26 interest of safety, the Secretary may prescribe regulations for conducting

27 periodic recurring testing of operators of commercial motor vehicles for the

28 use of alcohol or a controlled substance in violation of law or a Government

29 regulation.

30 (2) In prescribing regulations under this subsection, the Secretary of

31 Transportation—

32 (A) shall require that post-accident testing of an operator of a com33 mercial motor vehicle be conducted when loss of human life occurs in

34 an accident involving a commercial motor vehicle; and

35 (B) may require that post-accident testing of such an operator be

36 conducted when bodily injury or significant property damage occurs in

37 any other serious accident involving a commercial motor vehicle.

38 (c) TESTING AND LABORATORY REQUIREMENTS.—In carrying out sub39 section (b) of this section, the Secretary of Transportation shall develop re40 quirements that shall—
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1 (1) promote, to the maximum extent practicable, individual privacy

2 in the collection of specimens;

3 (2) for laboratories and testing procedures for controlled substances,

4 incorporate the Department of Health and Human Services scientific

5 and technical guidelines dated April 11, 1988, and any amendments to

6 those guidelines, including mandatory guidelines establishing—

7 (A) comprehensive standards for every aspect of laboratory con8 trolled substances testing and laboratory procedures to be applied

9 in carrying out this section, including standards requiring the use

10 of the best available technology to ensure the complete reliability

11 and accuracy of controlled substances tests and strict procedures

12 governing the chain of custody of specimens collected for con13 trolled substances testing;

14 (B) the minimum list of controlled substances for which individ15 uals may be tested; and

16 (C) appropriate standards and procedures for periodic review of

17 laboratories and criteria for certification and revocation of certifi18 cation of laboratories to perform controlled substances testing in

19 carrying out this section;

20 (3) require that a laboratory involved in testing under this section

21 have the capability and facility, at the laboratory, of performing screen22 ing and confirmation tests;

23 (4) provide that any test indicating the use of alcohol or a controlled

24 substance in violation of law or a Government regulation be confirmed

25 by a scientifically recognized method of testing capable of providing

26 quantitative information about alcohol or a controlled substance;

27 (5) provide that each specimen be subdivided, secured, and labeled

28 in the presence of the tested individual and that a part of the specimen

29 be retained in a secure manner to prevent the possibility of tampering,

30 so that if the individual’s confirmation test results are positive the indi31 vidual has an opportunity to have the retained part tested by a 2d con32 firmation test done independently at another certified laboratory if the

33 individual requests the 2d confirmation test not later than 3 days after

34 being advised of the results of the first confirmation test;

35 (6) ensure appropriate safeguards for testing to detect and quantify

36 alcohol in breath and body fluid samples, including urine and blood,

37 through the development of regulations that may be necessary and in

38 consultation with the Secretary of Health and Human Services;

39 (7) provide for the confidentiality of test results and medical infor40 mation (except information about alcohol or a controlled substance) of

41 employees, except that this clause does not prevent the use of test re-
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1 sults for the orderly imposition of appropriate sanctions under this sec2 tion; and

3 (8) ensure that employees are selected for tests by nondiscriminatory

4 and impartial methods, so that no employee is harassed by being treat5 ed differently from other employees in similar circumstances.

6 (d) TESTING AS PART OF MEDICAL EXAMINATION.—The Secretary of

7 Transportation may provide that testing under subsection (a) of this section

8 for operators subject to subpart E of part 391 of title 49, Code of Federal

9 Regulations, be conducted as part of the medical examination required

10 under that subpart.

11 (e) REHABILITATION.—The Secretary of Transportation shall prescribe

12 regulations establishing requirements for rehabilitation programs that pro13 vide for the identification and opportunity for treatment of operators of

14 commercial motor vehicles who are found to have used alcohol or a con15 trolled substance in violation of law or a Government regulation. The Sec16 retary shall decide on the circumstances under which those operators shall

17 be required to participate in a program. This section does not prevent a

18 motor carrier from establishing a program under this section in cooperation

19 with another motor carrier.

20 (f) SANCTIONS.—The Secretary of Transportation shall decide on appro21 priate sanctions for a commercial motor vehicle operator who is found,

22 based on tests conducted and confirmed under this section, to have used al23 cohol or a controlled substance in violation of law or a Government regula24 tion but who is not under the influence of alcohol or a controlled substance

25 as provided in this chapter.

26 (g) EFFECT ON STATE AND LOCAL GOVERNMENT REGULATIONS.—A

27 State or local government may not prescribe or continue in effect a law, reg28 ulation, standard, or order that is inconsistent with regulations prescribed

29 under this section. However, a regulation prescribed under this section may

30 not be construed to preempt a State criminal law that imposes sanctions

31 for reckless conduct leading to loss of life, injury, or damage to property.

32 (h) INTERNATIONAL OBLIGATIONS AND FOREIGN LAWS.—In prescribing

33 regulations under this section, the Secretary of Transportation—

34 (1) shall establish only requirements that are consistent with inter35 national obligations of the United States; and

36 (2) shall consider applicable laws and regulations of foreign coun37 tries.

38 (i) OTHER REGULATIONS ALLOWED.—This section does not prevent the

39 Secretary of Transportation from continuing in effect, amending, or further

40 supplementing a regulation prescribed before October 28, 1991, governing
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1 the use of alcohol or a controlled substance by commercial motor vehicle em2 ployees.

3 (j) APPLICATION OF PENALTIES.—This section does not supersede a pen4 alty applicable to an operator of a commercial motor vehicle under this

5 chapter or another law.

6 § 31307. Minimum training requirements for operators of

7 longer combination vehicles

8 (a) DEFINITION.—In this section, ‘‘longer combination vehicle’’ means a

9 vehicle consisting of a truck tractor and more than one trailer or semitrailer

10 that operates on the Dwight D. Eisenhower System of Interstate and De11 fense Highways with a gross vehicle weight of more than 80,000 pounds.

12 (b) REQUIREMENTS.—Not later than December 18, 1994, the Secretary

13 of Transportation shall prescribe regulations establishing minimum training

14 requirements for operators of longer combination vehicles. The training shall

15 include certification of an operator’s proficiency by an instructor who has

16 met the requirements established by the Secretary.

17 § 31308. Commercial driver’s license

18 After consultation with the States, the Secretary of Transportation shall

19 prescribe regulations on minimum uniform standards for the issuance of

20 commercial drivers’ licenses by the States and for information to be con21 tained on each of the licenses. The standards shall require at a minimum

22 that—

23 (1) an individual issued a commercial driver’s license pass written

24 and driving tests for the operation of a commercial motor vehicle that

25 comply with the minimum standards prescribed by the Secretary under

26 section 31305(a) of this title;

27 (2) the license be tamperproof to the maximum extent practicable;

28 and

29 (3) the license contain—

30 (A) the name and address of the individual issued the license

31 and a physical description of the individual;

32 (B) the social security account number or other number or in33 formation the Secretary decides is appropriate to identify the indi34 vidual;

35 (C) the class or type of commercial motor vehicle the individual

36 is authorized to operate under the license;

37 (D) the name of the State that issued the license; and

38 (E) the dates between which the license is valid.

39 § 31309. Commercial driver’s license information system

40 (a) GENERAL REQUIREMENT.—The Secretary of Transportation shall

41 make an agreement under subsection (b) of this section for the operation
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1 of, or establish under subsection (c) of this section, an information system

2 that will serve as a clearinghouse and depository of information about the

3 licensing, identification, and disqualification of operators of commercial

4 motor vehicles. The Secretary shall consult with the States in carrying out

5 this section.

6 (b) STATE AGREEMENTS.—If the Secretary decides that an information

7 system used by a State or States about the driving status of operators of

8 motor vehicles or another State-operated information system could be used

9 to carry out this section, and the State or States agree to the use of the

10 system for carrying out this section, the Secretary may make an agreement

11 with the State or States to use the system as provided in this section and

12 section 31311(c) of this title. An agreement made under this subsection

13 shall contain terms the Secretary considers necessary to carry out this chap14 ter.

15 (c) ESTABLISHMENT BY SECRETARY.—If the Secretary does not make an

16 agreement under subsection (b) of this section, the Secretary shall establish

17 an information system about the driving status and licensing of operators

18 of commercial motor vehicles as provided in this section.

19 (d) CONTENTS.—(1) At a minimum, the information system under this

20 section shall include for each operator of a commercial motor vehicle—

21 (A) information the Secretary considers appropriate to ensure identi22 fication of the operator;

23 (B) the name, address, and physical description of the operator;

24 (C) the social security account number of the operator or other num25 ber or information the Secretary considers appropriate to identify the

26 operator;

27 (D) the name of the State that issued the license to the operator;

28 (E) the dates between which the license is valid; and

29 (F) whether the operator had a commercial motor vehicle driver’s li30 cense revoked, suspended, or canceled by a State, lost the right to oper31 ate a commercial motor vehicle in a State for any period, or has been

32 disqualified from operating a commercial motor vehicle.

33 (2) Not later than December 31, 1990, the Secretary shall prescribe regu34 lations on minimum uniform standards for a biometric identification system

35 to ensure the identification of operators of commercial motor vehicles.

36 (e) AVAILABILITY OF INFORMATION.—(1) On request of a State, the Sec37 retary or the operator of the information system, as the case may be, may

38 make available to the State information in the information system under

39 this section.
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1 (2) On request of an employee, the Secretary or the operator of the infor2 mation system, as the case may be, may make available to the employee in3 formation in the information system about the employee.

4 (3) On request of an employer or prospective employer of an employee

5 and after notification to the employee, the Secretary or the operator of the

6 information system, as the case may be, may make available to the employer

7 or prospective employer information in the information system about the

8 employee.

9 (4) On the request of the Secretary, the operator of the information sys10 tem shall make available to the Secretary information about the driving sta11 tus and licensing of operators of commercial motor vehicles (including infor12 mation required by subsection (d)(1) of this section).

13 (f) FEE SYSTEM.—If the Secretary establishes an information system

14 under this section, the Secretary shall establish a fee system for using the

15 information system. Fees collected under this subsection in a fiscal year

16 shall equal as nearly as possible the costs of operating the information sys17 tem in that fiscal year. The Secretary shall deposit fees collected under this

18 subsection in the Highway Trust Fund (except the Mass Transit Account).

19 § 31310. Disqualifications

20 (a) BLOOD ALCOHOL CONCENTRATION LEVEL.—In this section, the

21 blood alcohol concentration level at or above which an individual when oper22 ating a commercial motor vehicle is deemed to be driving under the influ23 ence of alcohol is .04 percent.

24 (b) FIRST VIOLATION OR COMMITTING FELONY.—(1) Except as provided

25 in paragraph (2) of this subsection and subsection (c) of this section, the

26 Secretary of Transportation shall disqualify from operating a commercial

27 motor vehicle for at least one year an individual—

28 (A) committing a first violation of driving a commercial motor vehi29 cle under the influence of alcohol or a controlled substance;

30 (B) committing a first violation of leaving the scene of an accident

31 involving a commercial motor vehicle operated by the individual; or

32 (C) using a commercial motor vehicle in committing a felony (except

33 a felony described in subsection (d) of this section).

34 (2) If the vehicle involved in a violation referred to in paragraph (1) of

35 this subsection is transporting hazardous material required to be placarded

36 under section 5103 of this title, the Secretary shall disqualify the individual

37 for at least 3 years.

38 (c) SECOND AND MULTIPLE VIOLATIONS.—(1) Subject to paragraph (2)

39 of this subsection, the Secretary shall disqualify from operating a commer40 cial motor vehicle for life an individual—
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1 (A) committing more than one violation of driving a commercial

2 motor vehicle under the influence of alcohol or a controlled substance;

3 (B) committing more than one violation of leaving the scene of an

4 accident involving a commercial motor vehicle operated by the individ5 ual;

6 (C) using a commercial motor vehicle in committing more than one

7 felony arising out of different criminal episodes; or

8 (D) committing any combination of single violations or use described

9 in clauses (A)–(C) of this paragraph.

10 (2) The Secretary may prescribe regulations establishing guidelines (in11 cluding conditions) under which a disqualification for life under paragraph

12 (1) of this subsection may be reduced to a period of not less than 10 years.

13 (d) CONTROLLED SUBSTANCE VIOLATIONS.—The Secretary shall dis14 qualify from operating a commercial motor vehicle for life an individual who

15 uses a commercial motor vehicle in committing a felony involving manufac16 turing, distributing, or dispensing a controlled substance, or possession with

17 intent to manufacture, distribute, or dispense a controlled substance.

18 (e) SERIOUS TRAFFIC VIOLATIONS.—(1) The Secretary shall disqualify

19 from operating a commercial motor vehicle for at least 60 days an individual

20 who, in a 3-year period, commits 2 serious traffic violations involving a com21 mercial motor vehicle operated by the individual.

22 (2) The Secretary shall disqualify from operating a commercial motor ve23 hicle for at least 120 days an individual who, in a 3-year period, commits

24 3 serious traffic violations involving a commercial motor vehicle operated by

25 the individual.

26 (f) STATE DISQUALIFICATION.—Notwithstanding subsections (b)–(e) of

27 this section, the Secretary does not have to disqualify an individual from

28 operating a commercial motor vehicle if the State that issued the individual

29 a license authorizing the operation has disqualified the individual from oper30 ating a commercial motor vehicle under subsections (b)–(e). Revocation, sus31 pension, or cancellation of the license is deemed to be disqualification under

32 this subsection.

33 (g) OUT-OF-SERVICE ORDERS.—(1)(A) To enforce section 392.5 of title

34 49, Code of Federal Regulations, the Secretary shall prescribe regulations

35 establishing and enforcing an out-of-service period of 24 hours for an indi36 vidual who violates section 392.5. An individual may not violate an out-of37 service order issued under those regulations.

38 (B) The Secretary shall prescribe regulations establishing and enforcing

39 requirements for reporting out-of-service orders issued under regulations

40 prescribed under subparagraph (A) of this paragraph. Regulations pre41 scribed under this subparagraph shall require at least that an operator of
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1 a commercial motor vehicle who is issued an out-of-service order to report

2 the issuance to the individual’s employer and to the State that issued the

3 operator a driver’s license.

4 (2) Not later than December 18, 1992, the Secretary shall prescribe regu5 lations establishing sanctions and penalties related to violations of out-of6 service orders by individuals operating commercial motor vehicles. The regu7 lations shall require at least that—

8 (A) an operator of a commercial motor vehicle found to have commit9 ted a first violation of an out-of-service order shall be disqualified from

10 operating such a vehicle for at least 90 days and liable for a civil pen11 alty of at least $1,000;

12 (B) an operator of a commercial motor vehicle found to have com13 mitted a 2d violation of an out-of-service order shall be disqualified

14 from operating such a vehicle for at least one year and not more than

15 5 years and liable for a civil penalty of at least $1,000; and

16 (C) an employer that knowingly allows or requires an employee to

17 operate a commercial motor vehicle in violation of an out-of-service

18 order shall be liable for a civil penalty of not more than $10,000.

19 § 31311. Requirements for State participation

20 (a) GENERAL.—To avoid having amounts withheld from apportionment

21 under section 31314 of this title, a State shall comply with the following

22 requirements:

23 (1) The State shall adopt and carry out a program for testing and

24 ensuring the fitness of individuals to operate commercial motor vehicles

25 consistent with the minimum standards prescribed by the Secretary of

26 Transportation under section 31305(a) of this title.

27 (2) The State may issue a commercial driver’s license to an individ28 ual only if the individual passes written and driving tests for the oper29 ation of a commercial motor vehicle that comply with the minimum

30 standards.

31 (3) The State shall have in effect and enforce a law providing that

32 an individual with a blood alcohol concentration level at or above the

33 level established by section 31310(a) of this title when operating a com34 mercial motor vehicle is deemed to be driving under the influence of

35 alcohol.

36 (4) The State shall authorize an individual to operate a commercial

37 motor vehicle only by issuing a commercial driver’s license containing

38 the information described in section 31308(3) of this title.

39 (5) At least 60 days before issuing a commercial driver’s license (or

40 a shorter period the Secretary prescribes by regulation), the State shall

41 notify the Secretary or the operator of the information system under
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1 section 31309 of this title, as the case may be, of the proposed issuance

2 of the license and other information the Secretary may require to en3 sure identification of the individual applying for the license.

4 (6) Before issuing a commercial driver’s license to an individual, the

5 State shall request from any other State that has issued a commercial

6 driver’s license to the individual all information about the driving

7 record of the individual.

8 (7) Not later than 30 days after issuing a commercial driver’s li9 cense, the State shall notify the Secretary or the operator of the infor10 mation system under section 31309 of this title, as the case may be,

11 of the issuance.

12 (8) Not later than 10 days after disqualifying the holder of a com13 mercial driver’s license from operating a commercial motor vehicle (or

14 after revoking, suspending, or canceling the license) for at least 60

15 days, the State shall notify the Secretary or the operator of the infor16 mation system under section 31309 of this title, as the case may be,

17 and the State that issued the license, of the disqualification, revocation,

18 suspension, or cancellation.

19 (9) If an individual operating a commercial motor vehicle violates a

20 State or local law on motor vehicle traffic control (except a parking vio21 lation) and the individual has a driver’s license issued by another State,

22 the State in which the violation occurred shall notify a State official

23 designated by the issuing State of the violation not later than 10 days

24 after the date the individual is found to have committed the violation.

25 (10) The State may not issue a commercial driver’s license to an in26 dividual during a period in which the individual is disqualified from op27 erating a commercial motor vehicle or the individual’s driver’s license

28 is revoked, suspended, or canceled.

29 (11) The State may issue a commercial driver’s license to an individ30 ual who has a commercial driver’s license issued by another State only

31 if the individual first returns the driver’s license issued by the other

32 State.

33 (12) The State may issue a commercial driver’s license only to an

34 individual who operates or will operate a commercial motor vehicle and

35 is domiciled in the State, except that, under regulations the Secretary

36 shall prescribe, the State may issue a commercial driver’s license to an

37 individual who operates or will operate a commercial motor vehicle and

38 is not domiciled in a State that issues commercial drivers’ licenses.

39 (13) The State shall impose penalties the State considers appropriate

40 and the Secretary approves for an individual operating a commercial

41 motor vehicle when the individual—
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1 (A) does not have a commercial driver’s license;

2 (B) has a driver’s license revoked, suspended, or canceled; or

3 (C) is disqualified from operating a commercial motor vehicle.

4 (14) The State shall allow an individual to operate a commercial

5 motor vehicle in the State if—

6 (A) the individual has a commercial driver’s license issued by

7 another State under the minimum standards prescribed by the

8 Secretary under section 31305(a) of this title;

9 (B) the license is not revoked, suspended, or canceled; and

10 (C) the individual is not disqualified from operating a commer11 cial motor vehicle.

12 (15) The State shall disqualify an individual from operating a com13 mercial motor vehicle for the same reasons and time periods for which

14 the Secretary shall disqualify the individual under section 31310(b)–(e)

15 of this title.

16 (16)(A) Before issuing a commercial driver’s license to an individual,

17 the State shall request the Secretary for information from the National

18 Driver Register maintained under chapter 303 of this title (after the

19 Secretary decides the Register is operational) on whether the individ20 ual—

21 (i) has been disqualified from operating a motor vehicle (except

22 a commercial motor vehicle);

23 (ii) has had a license (except a license authorizing the individual

24 to operate a commercial motor vehicle) revoked, suspended, or

25 canceled for cause in the 3-year period ending on the date of ap26 plication for the commercial driver’s license; or

27 (iii) has been convicted of an offense specified in section

28 30304(a)(3) of this title.

29 (B) The State shall give full weight and consideration to that infor30 mation in deciding whether to issue the individual a commercial driv31 er’s license.

32 (17) The State shall adopt and enforce regulations prescribed by the

33 Secretary under section 31310(g)(1)(A) and (2) of this title.

34 (b) STATE SATISFACTION OF REQUIREMENTS.—A State may satisfy the

35 requirements of subsection (a) of this section that the State disqualify an

36 individual from operating a commercial motor vehicle by revoking, suspend37 ing, or canceling the driver’s license issued to the individual.

38 (c) NOTIFICATION.—Not later than 30 days after being notified by a

39 State of the proposed issuance of a commercial driver’s license to an individ40 ual, the Secretary or the operator of the information system under section

41 31309 of this title, as the case may be, shall notify the State whether the
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1 individual has a commercial driver’s license issued by another State or has

2 been disqualified from operating a commercial motor vehicle by another

3 State or the Secretary.

4 § 31312. Grants for testing and ensuring the fitness of opera5 tors of commercial motor vehicles

6 (a) BASIC GRANTS.—(1) The Secretary of Transportation may make a

7 grant to a State under this subsection if the State—

8 (A) makes an agreement with the Secretary—

9 (i) to adopt and carry out in the fiscal year in which the grant

10 is made a program for testing and ensuring the fitness of individ11 uals who operate commercial motor vehicles under the minimum

12 standards prescribed by the Secretary under section 31305(a) of

13 this title; and

14 (ii) to require that operators of commercial motor vehicles have

15 passed written and driving tests that meet the minimum stand16 ards; and

17 (B) has in effect and enforces in that fiscal year a law providing that

18 an individual with a blood alcohol concentration of at least .10 percent

19 when operating a commercial motor vehicle is deemed to be driving

20 under the influence of alcohol.

21 (2) A State may—

22 (A) administer driving tests referred to in paragraph (1) of this sub23 section and section 31311(a) of this title; or

24 (B) make an agreement, approved by the Secretary, for the tests to

25 be administered by a person (including a department, agency, or in26 strumentality of a local government) that meets minimum standards

27 the Secretary prescribes by regulation if—

28 (i) the agreement allows the Secretary and the State each to

29 conduct random examinations, inspections, and audits of the test30 ing without prior notification; and

31 (ii) the State annually conducts at least one onsite inspection

32 of the testing.

33 (3) The Secretary shall decide on the amount of a grant in a fiscal year

34 to be made under this subsection to a State eligible to receive the grant in

35 the fiscal year. However—

36 (A) a grant to a State under this subsection shall be at least

37 $100,000 in a fiscal year; and

38 (B) to the extent each State grant under this subsection is more

39 than $100,000 in a fiscal year, the Secretary shall ensure that those

40 States are treated equitably.
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1 (4) A State receiving a grant under this subsection may use the amounts

2 provided under the grant only to test operators of commercial motor vehi3 cles.

4 (5) There is available to the Secretary to carry out this subsection

5 $lllll from amounts made available under section 31104 of this title

6 for the fiscal year ending September 30, 19l.

7 (b) SUPPLEMENTAL GRANTS.—(1) The Secretary may make a grant

8 under this subsection in a fiscal year to a State eligible to receive a grant

9 under subsection (a) of this section in that fiscal year. A grant made under

10 this subsection shall be used for testing operators of commercial motor vehi11 cles.

12 (2) Amounts of grants under this subsection shall be distributed among

13 the States eligible to receive grants under subsection (a) of this section in

14 the fiscal year on the basis of the number of written and driving tests ad15 ministered, and the number of drivers’ licenses for the operation of commer16 cial motor vehicles issued, in the prior fiscal year.

17 (3) There is available to the Secretary to carry out this subsection

18 $lllll from amounts made available under section 31104 of this title

19 for the fiscal year ending September 30, 19l.

20 (c) MAINTENANCE OF EXPENDITURES.—The Secretary may make a

21 grant to a State under this section only if the State agrees that the total

22 expenditure of amounts of the State and political subdivisions of the State,

23 exclusive of United States Government amounts, for testing operators of

24 commercial motor vehicles will be maintained at a level at least equal to the

25 average level of that expenditure for its last 2 fiscal years before October

26 27, 1986.

27 (d) AVAILABILITY OF AMOUNTS.—(1) Amounts made available to a State

28 under this section remain available for obligation by the State for the fiscal

29 year for which the amounts are made available. Any of those amounts not

30 obligated before the last day of that fiscal year are no longer available for

31 obligation by the State and are available to the Secretary to carry out this

32 chapter.

33 (2) Amounts made available to the Secretary under this section remain

34 available until expended.

35 (e) GRANTS AS CONTRACTUAL OBLIGATIONS.—Approval by the Secretary

36 of a grant to a State under this section is a contractual obligation of the

37 Government for payment of the amount of the grant.

38 (f) TESTING AND FITNESS PROGRAM STUDIES.—In this section, develop39 ment of a program for testing and ensuring the fitness of individuals who

40 operate commercial motor vehicles includes studies of—
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1 (1) the number of vehicles that will need to be tested under the pro2 gram in a calendar year;

3 (2) facilities at which testing of those individuals could be conducted;

4 and

5 (3) additional resources (including personnel) that will be necessary

6 to conduct the testing.

7 § 31313. Grants for issuing commercial drivers’ licenses and

8 complying with State participation requirements

9 (a) GENERAL AUTHORITY.—The Secretary of Transportation may make

10 a grant under this section to a State in a fiscal year if the State makes

11 an agreement with the Secretary to participate in that fiscal year in the

12 commercial driver’s license program established by this chapter and the in13 formation system required by section 31309 of this title and to comply with

14 the requirements of section 31311(a) of this title.

15 (b) AMOUNTS OF GRANTS.—The Secretary shall decide on the amount of

16 a grant in a fiscal year to be made under this section to a State eligible

17 to receive the grant in the fiscal year. However—

18 (1) a grant to a State under this section shall be at least $100,000

19 in a fiscal year; and

20 (2) to the extent each State grant under this section is more than

21 $100,000 in a fiscal year, the Secretary shall ensure that those States

22 are treated equitably.

23 (c) LIMITATION ON USE.—A State receiving a grant under this section

24 may use the amounts provided under the grant only for issuing commercial

25 drivers’ licenses and complying with the requirements of section 31311(a)

26 of this title.

27 (d) AVAILABILITY OF AMOUNTS.—(1) Amounts made available to a State

28 under this section remain available for obligation by the State for the fiscal

29 year for which the amounts are made available. Any of those amounts not

30 obligated before the last day of that fiscal year are no longer available for

31 obligation by the State and are available to the Secretary to carry out this

32 chapter.

33 (2) Amounts made available to the Secretary under this section remain

34 available until expended.

35 (e) GRANTS AS CONTRACTUAL OBLIGATIONS.—Approval by the Secretary

36 of a grant to a State under this section is a contractual obligation of the

37 United States Government for payment of the amount of the grant.

38 (f) AUTHORIZATION.—There is available to the Secretary to carry out

39 this section $lllll from amounts made available under section 31104

40 of this title for the fiscal year ending September 30, 19l.
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1 § 31314. Withholding amounts for State noncompliance

2 (a) FIRST FISCAL YEAR.—The Secretary of Transportation shall withhold

3 5 percent of the amount required to be apportioned to a State under section

4 104(b)(1), (2), (5), and (6) of title 23 on the first day of the fiscal year

5 after the first fiscal year beginning after September 30, 1992, throughout

6 which the State does not comply substantially with a requirement of section

7 31311(a) of this title.

8 (b) SECOND FISCAL YEAR.—The Secretary shall withhold 10 percent of

9 the amount required to be apportioned to a State under section 104(b)(1),

10 (2), (5), and (6) of title 23 on the first day of each fiscal year after the

11 2d fiscal year beginning after September 30, 1992, throughout which the

12 State does not comply substantially with a requirement of section 31311(a)

13 of this title.

14 (c) AVAILABILITY FOR APPORTIONMENT.—(1) Amounts withheld under

15 this section from apportionment to a State before October 1, 1995, remain

16 available for apportionment to the State as follows:

17 (A) If the amounts would have been apportioned under section

18 104(b)(5)(B) of title 23 but for this section, the amounts remain avail19 able until the end of the 2d fiscal year following the fiscal year for

20 which the amounts are authorized to be appropriated.

21 (B) If the amounts would have been apportioned under section

22 104(b)(1), (2), or (6) of title 23 but for this section, the amounts re23 main available until the end of the 3d fiscal year following the fiscal

24 year for which the amounts are authorized to be appropriated.

25 (2) Amounts withheld under this section from apportionment to a State

26 after September 30, 1995, are not available for apportionment to the State.

27 (d) APPORTIONMENT AFTER COMPLIANCE.—(1) If, before the last day of

28 the period for which amounts withheld under this section from apportion29 ment are to remain available for apportionment to a State under subsection

30 (c)(1) of this section, the State substantially complies with all of the re31 quirements of section 31311(a) of this title for a period of 365 days, the

32 Secretary, on the day following the last day of that period, shall apportion

33 to the State the withheld amounts remaining available for apportionment to

34 that State.

35 (2) Amounts apportioned under paragraph (1) of this subsection remain

36 available for expenditure until the end of the 3d fiscal year following the

37 fiscal year in which the amounts are apportioned. Amounts not obligated

38 at the end of that period lapse or, for amounts apportioned under section

39 104(b)(5) of title 23, lapse and are available for projects under section

40 118(b) of title 23.
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1 (e) LAPSE.—If, at the end of the period for which amounts withheld

2 under this section from apportionment are available for apportionment to

3 a State under subsection (c)(1) of this section, the State has not substan4 tially complied with all of the requirements of section 31311(a) of this title

5 for a 365-day period, the amounts lapse or, for amounts withheld from ap6 portionment under section 104(b)(5) of title 23, the amounts lapse and are

7 available for projects under section 118(b) of title 23.

8 § 31315. Waiver authority

9 After notice and an opportunity for comment, the Secretary of Transpor10 tation may waive any part of this chapter or a regulation prescribed under

11 this chapter as it applies to a class of individuals or commercial motor vehi12 cles if the Secretary decides the waiver is not contrary to the public interest

13 and does not diminish the safe operation of commercial motor vehicles. A

14 waiver under this section shall be published in the Federal Register with

15 reasons for the waiver.

16 § 31316. Limitation on statutory construction

17 This chapter does not affect the authority of the Secretary of Transpor18 tation to regulate commercial motor vehicle safety involving motor vehicles

19 with a gross vehicle weight rating of less than 26,001 pounds or a lesser

20 gross vehicle weight rating the Secretary decides is appropriate under sec21 tion 31301(4)(A) of this title.

22 § 31317. Procedure for prescribing regulations

23 Regulations prescribed by the Secretary of Transportation to carry out

24 this chapter (except section 31307) shall be prescribed under section 553

25 of title 5 without regard to sections 556 and 557 of title 5.

26 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.

27 § 31501. Definitions

28 In this chapter—

29 (1) ‘‘migrant worker’’ means an individual going to or from employ30 ment in agriculture as provided under section 3121(g) of the Internal

31 Revenue Code of 1986 (26 U.S.C. 3121(g)) or section 203(f) of the

32 Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)).

33 (2) ‘‘motor carrier’’, ‘‘motor common carrier’’, ‘‘motor private car34 rier’’, ‘‘motor vehicle’’, and ‘‘United States’’ have the same meanings

35 given those terms in section 10102 of this title.

36 (3) ‘‘motor carrier of migrant workers’’—

37 (A) means a person (except a motor common carrier) providing

38 transportation referred to in section 10521(a) of this title by a
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1 motor vehicle (except a passenger automobile or station wagon) for

2 at least 3 migrant workers at a time to or from their employment;

3 but

4 (B) does not include a migrant worker providing transportation

5 for migrant workers and their immediate families.

6 § 31502. Requirements for qualifications, hours of service,

7 safety, and equipment standards

8 (a) APPLICATION.—This section applies to transportation—

9 (1) described in sections 10521 and 10522 of this title; and

10 (2) to the extent the transportation is in the United States and is

11 between places in a foreign country, or between a place in a foreign

12 country and a place in another foreign country.

13 (b) MOTOR CARRIER AND PRIVATE MOTOR CARRIER REQUIREMENTS.—

14 The Secretary of Transportation may prescribe requirements for—

15 (1) qualifications and maximum hours of service of employees of, and

16 safety of operation and equipment of, a motor carrier; and

17 (2) qualifications and maximum hours of service of employees of, and

18 standards of equipment of, a motor private carrier, when needed to

19 promote safety of operation.

20 (c) MIGRANT WORKER MOTOR CARRIER REQUIREMENTS.—The Secretary

21 may prescribe requirements for the comfort of passengers, qualifications and

22 maximum hours of service of operators, and safety of operation and equip23 ment of a motor carrier of migrant workers. The requirements only apply

24 to a carrier transporting a migrant worker—

25 (1) at least 75 miles; and

26 (2) across the boundary of a State, territory, or possession of the

27 United States.

28 (d) CONSIDERATIONS.—Before prescribing or revising any requirement

29 under this section, the Secretary shall consider the costs and benefits of the

30 requirement.

31 § 31503. Research, investigation, and testing

32 (a) GENERAL AUTHORITY.—The Secretary of Transportation may inves33 tigate and report on the need for regulation by the United States Govern34 ment of sizes, weight, and combinations of motor vehicles and qualifications

35 and maximum hours of service of employees of a motor carrier subject to

36 subchapter II of chapter 105 of this title and a motor private carrier. The

37 Secretary shall use the services of each department, agency, or instrumen38 tality of the Government and each organization of motor carriers having

39 special knowledge of a matter being investigated.

40 (b) USE OF SERVICES.—In carrying out this chapter, the Secretary may

41 use the services of a department, agency, or instrumentality of the Govern-
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1 ment having special knowledge about safety, to conduct scientific and tech2 nical research, investigation, and testing when necessary to promote safety

3 of operation and equipment of motor vehicles. The Secretary may reimburse

4 the department, agency, or instrumentality for the services provided.

5 § 31504. Identification of motor vehicles

6 (a) GENERAL AUTHORITY.—The Secretary of Transportation may—

7 (1) issue and require the display of an identification plate on a motor

8 vehicle used in transportation provided by a motor private carrier and

9 a motor carrier of migrant workers subject to section 31502(c) of this

10 title, except a motor contract carrier; and

11 (2) require each of those motor private carriers and motor carriers

12 of migrant workers to pay the reasonable cost of the plate.

13 (b) LIMITATION.—A motor private carrier or a motor carrier of migrant

14 workers may use an identification plate only as authorized by the Secretary.

15 CHAPTER 317—PARTICIPATION IN INTERNATIONAL

16 REGISTRATION PLAN AND INTERNATIONAL FUEL TAX

17 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.

18 § 31701. Definitions

19 In this chapter—

20 (1) ‘‘commercial motor vehicle’’, with respect to—

21 (A) the International Registration Plan, has the same meaning

22 given the term ‘‘apportionable vehicle’’ under the Plan; and

23 (B) the International Fuel Tax Agreement, has the same mean24 ing given the term ‘‘qualified motor vehicle’’ under the Agreement.

25 (2) ‘‘fuel use tax’’ means a tax imposed on or measured by the con26 sumption of fuel in a motor vehicle.

27 (3) ‘‘International Fuel Tax Agreement’’ means the interstate agree28 ment on collecting and distributing fuel use taxes paid by motor car29 riers, developed under the auspices of the National Governors’ Associa30 tion.

31 (4) ‘‘International Registration Plan’’ means the interstate agree32 ment on apportioning vehicle registration fees paid by motor carriers,

33 developed by the American Association of Motor Vehicle Administra34 tors.
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1 (5) ‘‘Regional Fuel Tax Agreement’’ means the interstate agreement

2 on collecting and distributing fuel use taxes paid by motor carriers in

3 the States of Maine, Vermont, and New Hampshire.

4 (6) ‘‘State’’ means the 48 contiguous States and the District of Co5 lumbia.

6 § 31702. Working group

7 (a) ESTABLISHMENT.—The Secretary of Transportation shall establish a

8 working group of State and local government officials, including representa9 tives of the National Governors’ Association, the American Association of

10 Motor Vehicle Administrators, the National Conference of State Legisla11 tures, the Federation of Tax Administrators, and the Board of Directors for

12 the International Fuel Tax Agreement, and a representative of the Regional

13 Fuel Tax Agreement.

14 (b) PURPOSES.—The purposes of the working group are—

15 (1) to propose procedures to resolve disputes among States partici16 pating in the International Registration Plan and among States partici17 pating in the International Fuel Tax Agreement, including designating

18 the Secretary or any other person to resolve the disputes; and

19 (2) to provide technical assistance to States participating or seeking

20 to participate in the Plan or Agreement.

21 (c) CONSULTATION REQUIREMENT.—In carrying out subsection (b) of

22 this section, the working group shall consult with members of the motor car23 rier industry.

24 (d) REPORT.—(1) Not later than December 18, 1993, the working group

25 shall submit a report to—

26 (A) the Secretary;

27 (B) the Committee on Commerce, Science, and Transportation of the

28 Senate;

29 (C) the Committee on Public Works and Transportation of the

30 House of Representatives;

31 (D) the Committee on the Judiciary of the House of Representatives;

32 (E) the States participating in the International Registration Plan;

33 and

34 (F) the States participating in the International Fuel Tax Agree35 ment.

36 (2) The report shall contain a detailed statement of the working group’s

37 findings and conclusions and its joint recommendations about the matters

38 referred to in subsection (b) of this section. After submitting the report, the

39 working group periodically may review and modify the findings and conclu40 sions and the joint recommendations as appropriate and submit a report
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1 containing the modifications to the Secretary and the committees specified

2 in paragraph (1) of this subsection.

3 (e) RELATIONSHIP TO OTHER LAWS.—The Federal Advisory Committee

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

5 § 31703. Grants

6 (a) GENERAL AUTHORITY.—The Secretary of Transportation may make

7 grants to States and appropriate persons to facilitate participation in the

8 International Registration Plan and the International Fuel Tax Agreement

9 and to make administrative improvements in any other base State fuel use

10 tax agreement in existence as of January 1, 1991. A grant may include

11 amounts for technical assistance, personnel training, travel costs, and tech12 nology and equipment associated with the participation.

13 (b) CONTRACTUAL OBLIGATION.—Approval by the Secretary of a grant

14 with amounts made available under this section is a contractual obligation

15 of the United States Government for payment of the Government’s share

16 of the grant.

17 § 31704. Vehicle registration

18 After September 30, 1996, a State that is not participating in the Inter19 national Registration Plan may not establish, maintain, or enforce a com20 mercial motor vehicle registration law, regulation, or agreement that limits

21 the operation in that State of a commercial motor vehicle that is not reg22 istered under the laws of the State, if the vehicle is registered under the

23 laws of a State participating in the Plan.

24 § 31705. Fuel use tax

25 (a) REPORTING REQUIREMENTS.—After September 30, 1996, a State

26 may establish, maintain, or enforce a law or regulation that has a fuel use

27 tax reporting requirement (including any tax reporting form) only if the re28 quirement conforms with the International Fuel Tax Agreement.

29 (b) PAYMENT.—After September 30, 1996, a State may establish, main30 tain, or enforce a law or regulation that provides for the payment of a fuel

31 use tax only if the law or regulation conforms with the International Fuel

32 Tax Agreement as it applies to collection of a fuel use tax by a single base

33 State and proportional sharing of fuel use taxes charged among the States

34 where a commercial motor vehicle is operated.

35 (c) LIMITATION.—If the International Fuel Tax Agreement is amended,

36 a State not participating in the Agreement when the amendment is made

37 is not subject to the conformity requirements of subsections (a) and (b) of

38 this section in regard to the amendment until after a reasonable time, but

39 not earlier than the expiration of—
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1 (1) the 365-day period beginning on the first day that States partici2 pating in the Agreement are required to comply with the amendment;

3 or

4 (2) the 365-day period beginning on the day the relevant office of

5 the State receives written notice of the amendment from the Secretary

6 of Transportation.

7 (d) NONAPPLICATION.—This section does not apply to a State that was

8 participating in the Regional Fuel Tax Agreement on January 1, 1991, and

9 that continues to participate in that Agreement after that date.

10 § 31706. Enforcement

11 (a) CIVIL ACTIONS.—On request of the Secretary of Transportation, the

12 Attorney General may bring a civil action in a court of competent jurisdic13 tion to enforce compliance with sections 31704 and 31705 of this title.

14 (b) VENUE.—An action under this section may be brought only in the

15 State in which an order is required to enforce compliance.

16 (c) RELIEF.—Subject to section 1341 of title 28, the court, on a proper

17 showing—

18 (1) shall issue a temporary restraining order or a preliminary or per19 manent injunction; and

20 (2) may require by the injunction that the State or any person com21 ply with sections 31704 and 31705 of this title.

22 § 31707. Limitations on statutory construction

23 Sections 31704 and 31705 of this title do not limit the amount of money

24 a State may charge for registration of a commercial motor vehicle or the

25 amount of any fuel use tax a State may impose.

26 § 31708. Authorization of appropriations

27 (a) GENERAL.—From amounts made available under section 31104 of

28 this title, the Secretary of Transportation shall provide the following

29 amounts for each of the fiscal years ending September 30, 1993-1997:

30 (1) $1,000,000 for activities of the working group under section

31 31702 of this title.

32 (2) $5,000,000 for grants under section 31703 of this title.

33 (b) AVAILABILITY OF AMOUNTS.—Amounts appropriated under this sec34 tion remain available until expended.

35 PART C—INFORMATION, STANDARDS, AND

36 REQUIREMENTS

37 CHAPTER 321—GENERAL

Sec.

32101. Definitions.

32102. Authorization of appropriations.

38 § 32101. Definitions

39 In this part (except section 32304 and chapter 329)—
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1 (1) ‘‘bumper standard’’ means a minimum performance standard

2 that substantially reduces—

3 (A) the damage to the front or rear end of a passenger motor

4 vehicle from a low-speed collision (including a collision with a fixed

5 barrier) or from towing the vehicle; or

6 (B) the cost of repairing the damage.

7 (2) ‘‘insurer’’ means a person in the business of issuing, or reinsur8 ing any part of, a passenger motor vehicle insurance policy.

9 (3) ‘‘interstate commerce’’ means commerce between a place in a

10 State and—

11 (A) a place in another State; or

12 (B) another place in the same State through another State.

13 (4) ‘‘make’’, when describing a passenger motor vehicle, means the

14 trade name of the manufacturer of the vehicle.

15 (5) ‘‘manufacturer’’ means a person—

16 (A) manufacturing or assembling passenger motor vehicles or

17 passenger motor vehicle equipment; or

18 (B) importing motor vehicles or motor vehicle equipment for re19 sale.

20 (6) ‘‘model’’, when describing a passenger motor vehicle, means a

21 category of passenger motor vehicles based on the size, style, and type

22 of a make of vehicle.

23 (7) ‘‘motor vehicle’’ means a vehicle driven or drawn by mechanical

24 power and manufactured primarily for use on public streets, roads, and

25 highways, but does not include a vehicle operated only on a rail line.

26 (8) ‘‘motor vehicle accident’’ means an accident resulting from the

27 maintenance or operation of a passenger motor vehicle or passenger

28 motor vehicle equipment.

29 (9) ‘‘multipurpose passenger vehicle’’ means a passenger motor vehi30 cle constructed on a truck chassis or with special features for occa31 sional off-road operation.

32 (10) ‘‘passenger motor vehicle’’ means a motor vehicle with motive

33 power designed to carry not more than 12 individuals, but does not in34 clude—

35 (A) a motorcycle; or

36 (B) a truck not designed primarily to carry its operator or pas37 sengers.

38 (11) ‘‘passenger motor vehicle equipment’’ means—

39 (A) a system, part, or component of a passenger motor vehicle

40 as originally made;
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1 (B) a similar part or component made or sold for replacement

2 or improvement of a system, part, or component, or as an acces3 sory or addition to a passenger motor vehicle; or

4 (C) a device made or sold for use in towing a passenger motor

5 vehicle.

6 (12) ‘‘State’’ means a State of the United States, the District of Co7 lumbia, Puerto Rico, the Northern Mariana Islands, Guam, American

8 Samoa, and the Virgin Islands.

9 (13) ‘‘United States district court’’ means a district court of the

10 United States, a United States court for Guam, the Virgin Islands, and

11 American Samoa, and the district court for the Northern Mariana Is12 lands.

13 § 32102. Authorization of appropriations

14 The following amounts may be appropriated to the Secretary of Transpor15 tation for the National Highway Traffic Safety Administration to carry out

16 this part:

17 (1) $6,731,430 for the fiscal year ending September 30, 1993.

18 (2) $6,987,224 for the fiscal year ending September 30, 1994.

19 (3) $7,252,739 for the fiscal year ending September 30, 1995.

20 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.

21 § 32301. Definitions

22 In this chapter—

23 (1) ‘‘crashworthiness’’ means the protection a passenger motor vehi24 cle gives its passengers against personal injury or death from a motor

25 vehicle accident.

26 (2) ‘‘damage susceptibility’’ means the susceptibility of a passenger

27 motor vehicle to damage in a motor vehicle accident.

28 § 32302. Passenger motor vehicle information

29 (a) INFORMATION PROGRAM.—The Secretary of Transportation shall

30 maintain a program for developing the following information on passenger

31 motor vehicles:

32 (1) damage susceptibility.

33 (2) crashworthiness.

34 (3) the degree of difficulty of diagnosis and repair of damage to, or

35 failure of, mechanical and electrical systems.
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1 (4) vehicle operating costs dependent on the characteristics referred

2 to in clauses (1)–(3) of this subsection, including insurance information

3 obtained under section 32303 of this title.

4 (b) MOTOR VEHICLE INFORMATION.—To assist a consumer in buying a

5 passenger motor vehicle, the Secretary shall provide to the public informa6 tion developed under subsection (a) of this section. The information shall

7 be in a simple and understandable form that allows comparison of the char8 acteristics referred to in subsection (a)(1)–(3) of this section among the

9 makes and models of passenger motor vehicles. The Secretary may require

10 passenger motor vehicle dealers to distribute the information to prospective

11 buyers.

12 (c) INSURANCE COST INFORMATION.—The Secretary shall prescribe regu13 lations that require passenger motor vehicle dealers to distribute to prospec14 tive buyers information the Secretary develops and provides to the dealers

15 that compares insurance costs for different makes and models of passenger

16 motor vehicles based on damage susceptibility and crashworthiness.

17 § 32303. Insurance information

18 (a) GENERAL REPORTS AND INFORMATION REQUIREMENTS.—(1) In car19 rying out this chapter, the Secretary of Transportation may require an in20 surer, or a designated agent of the insurer, to make reports and provide

21 the Secretary with information. The reports and information may include

22 accident claim information by make, model, and model year of passenger

23 motor vehicle about the kind and extent of—

24 (A) physical damage and repair costs; and

25 (B) personal injury.

26 (2) In deciding which reports and information are to be provided under

27 this subsection, the Secretary shall—

28 (A) consider the cost of preparing and providing the reports and in29 formation;

30 (B) consider the extent to which the reports and information will

31 contribute to carrying out this chapter; and

32 (C) consult with State authorities and public and private agencies

33 the Secretary considers appropriate.

34 (3) To the extent possible, the Secretary shall obtain reports and informa35 tion under this subsection on a voluntary basis.

36 (b) REQUESTED INFORMATION ON CRASHWORTHINESS, DAMAGE SUS37 CEPTIBILITY, AND REPAIR AND PERSONAL INJURY COST.—When requested

38 by the Secretary, an insurer shall give the Secretary information—

39 (1) about the extent to which the insurance premiums charged by

40 the insurer are affected by damage susceptibility, crashworthiness, and
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1 the cost of repair and personal injury, for each make and model of pas2 senger motor vehicle; and

3 (2) available to the insurer about the effect of damage susceptibility,

4 crashworthiness, and the cost of repair and personal injury for each

5 make and model of passenger motor vehicle on the risk incurred by the

6 insurer in insuring that make and model.

7 (c) DISCLOSURE.—In distributing information received under this section,

8 the Secretary may disclose identifying information about a person that may

9 be an insured, a claimant, a passenger, an owner, a witness, or an individual

10 involved in a motor vehicle accident, only with the consent of the person.

11 § 32304. Passenger motor vehicle country of origin labeling

12 (a) DEFINITIONS.—In this section—

13 (1) ‘‘allied supplier’’ means a supplier of passenger motor vehicle

14 equipment that is wholly owned by the manufacturer, or if a joint ven15 ture vehicle assembly arrangement, a supplier that is wholly owned by

16 one member of the joint venture arrangement.

17 (2)(A) ‘‘carline’’—

18 (i) means a name given a group of passenger motor vehicles

19 that has a degree of commonality in construction such as body and

20 chassis;

21 (ii) does not consider a level of decor or opulence; and

22 (iii) except for light duty trucks, is not generally distinguished

23 by characteristics such as roof line, number of doors, seats, or

24 windows; and

25 (B) light duty trucks are different carlines than passenger motor ve26 hicles.

27 (3) ‘‘country of origin’’, when referring to the origin of an engine

28 or transmission, means the country from which the largest share of the

29 dollar value added to an engine or transmission has originated—

30 (A) with the United States and Canada treated as separate

31 countries; and

32 (B) the estimate of the percentage of the dollar value shall be

33 based on the purchase price of direct materials, as received at in34 dividual engine or transmission plants, of engines of the same dis35 placement and transmissions of the same transmission type.

36 (4) ‘‘dealer’’ means a person residing or located in the United

37 States, including the District of Columbia or a territory or possession

38 of the United States, and engaged in selling or distributing new pas39 senger motor vehicles to the ultimate purchaser.

40 (5) ‘‘final assembly place’’ means the plant, factory, or other place

41 at which a new passenger motor vehicle is produced or assembled by
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1 a manufacturer, and from which the vehicle is delivered to a dealer or

2 importer with all component parts necessary for the mechanical oper3 ation of the vehicle included with the vehicle, whether or not the com4 ponent parts are permanently installed in or on the vehicle.

5 (6) ‘‘foreign content’’ means passenger motor vehicle equipment that

6 is not of United States/Canadian origin.

7 (7) ‘‘manufacturer’’ means a person—

8 (A) engaged in manufacturing or assembling new passenger

9 motor vehicles;

10 (B) importing new passenger motor vehicles for resale; or

11 (C) acting for and under the control of such a manufacturer,

12 assembler, or importer in connection with the distribution of new

13 passenger motor vehicles.

14 (8) ‘‘new passenger motor vehicle’’ means a passenger motor vehicle

15 for which a manufacturer, distributor, or dealer has never transferred

16 the equitable or legal title to the vehicle to an ultimate purchaser.

17 (9) ‘‘of United States/Canadian origin’’, when referring to passenger

18 motor vehicle equipment, means—

19 (A) for an outside supplier, passenger motor vehicle equipment

20 whose purchase price contains at least 70 percent value added in

21 the United States and Canada; and

22 (B) for an allied supplier, that part of the individual passenger

23 motor vehicle equipment whose purchase price the manufacturer

24 determines remains after subtracting the total of the purchase

25 prices of all material of foreign content purchased from outside

26 suppliers, with the determination of the United States/Canadian

27 origin or of the foreign content from outside suppliers being con28 sistent with subclause (A) of this clause.

29 (10) ‘‘outside supplier’’ means a supplier of passenger motor vehicle

30 equipment to a manufacturer’s allied supplier, or a person other than

31 an allied supplier, who ships directly to the manufacturer’s final assem32 bly place.

33 (11) ‘‘passenger motor vehicle’’ means a motor vehicle with motive

34 power, manufactured primarily for use on public streets, roads, and

35 highways, and designed to carry not more than 12 individuals—

36 (A) including a multipurpose vehicle or light duty truck when

37 the vehicle or truck is rated at not more than 8,500 pounds gross

38 vehicle weight; but

39 (B) not including—

40 (i) a motorcycle;
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1 (ii) a truck not designed primarily to carry its operator or

2 passengers; or

3 (iii) a vehicle operated only on a rail line.

4 (12) ‘‘passenger motor vehicle equipment’’—

5 (A) means a system, subassembly, or component received at the

6 final vehicle assembly place for installation on, or attachment to,

7 a passenger motor vehicle at the time of its first shipment by the

8 manufacturer to a dealer for sale to an ultimate purchaser; but

9 (B) does not include minor parts (including nuts, bolts, clips,

10 screws, pins, braces, and other attachment hardware) and other

11 similar items the Secretary of Transportation may prescribe by

12 regulation after consulting with manufacturers and labor.

13 (13) ‘‘percentage (by value)’’, when referring to passenger motor ve14 hicle equipment of United States/Canadian origin, means the percent15 age remaining after subtracting the percentage (by value) of passenger

16 motor vehicle equipment that is not of United States/Canadian origin

17 that will be installed or included on those vehicles produced in a car18 line, from 100 percent—

19 (A) with value being expressed in terms of the purchase price;

20 and

21 (B) for outside suppliers and allied suppliers, the value used is

22 the purchase price of the equipment paid at the final assembly

23 place.

24 (14) ‘‘State’’ means a State of the United States, the District of Co25 lumbia, Puerto Rico, Guam, the Canal Zone, American Samoa, and the

26 Virgin Islands.

27 (15) ‘‘value added in the United States and Canada’’ means a per28 centage determined by subtracting the total purchase price of foreign

29 content from the total purchase price, and dividing the remainder by

30 the total purchase price, excluding costs incurred or profits made at

31 the final assembly place and beyond (including advertising, assembly,

32 labor, interest payments, and profits), with the following groupings

33 being used:

34 (A) engines of same displacement produced at the same plant.

35 (B) transmissions of the same type produced at the same plant.

36 (b) MANUFACTURER REQUIREMENT.—(1) Each manufacturer of a new

37 passenger motor vehicle manufactured after September 30, 1994, and dis38 tributed in commerce for sale in the United States, shall establish each year

39 for each model year and cause to be attached in a prominent place on each

40 of those vehicles, at least one label. The label shall contain the following

41 information:
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1 (A) the percentage (by value) of passenger motor vehicle equipment

2 of United States/Canadian origin installed on vehicles in the carline to

3 which that vehicle belongs, identified by the words ‘‘U.S./Canadian con4 tent’’.

5 (B) the final assembly place for that vehicle by city, State (where

6 appropriate) and country.

7 (C) if at least 15 percent (by value) of equipment installed on pas8 senger motor vehicles in a carline originated in any country other than

9 the United States and Canada, the names of at least the 2 countries

10 in which the greatest amount (by value) of that equipment originated

11 and the percentage (by value) of the equipment originating in each

12 country.

13 (D) the country of origin of the engine and the transmission for each

14 vehicle.

15 (2) At the beginning of each model year, each manufacturer shall estab16 lish the percentages required for each carline to be indicated on the label

17 under this subsection. Those percentages are applicable to that carline for

18 the entire model year. A manufacturer may round those percentages to the

19 nearest 5 percent.

20 (3) A manufacturer complying with the requirement of paragraph (1)(B)

21 of this subsection satisfies the disclosure requirement of section 3(b) of the

22 Automobile Information Disclosure Act (15 U.S.C. 1232(b)).

23 (c) DEALER REQUIREMENT.—Each dealer engaged in the sale or dis24 tribution of a new passenger motor vehicle manufactured after September

25 30, 1994, shall cause to be maintained on that vehicle the label required

26 to be attached to that vehicle under subsection (b) of this section.

27 (d) FORM AND CONTENT OF LABEL.—The Secretary of Transportation

28 shall prescribe by regulation the form and content of the label required

29 under subsection (b) of this section and the manner and location in which

30 the label is attached. The Secretary shall permit a manufacturer to comply

31 with this section by allowing the manufacturer to disclose the information

32 required under subsection (b)(1) on the label required by section 3 of the

33 Automobile Information Disclosure Act (15 U.S.C. 1232), on the label re34 quired by section 32908 of this title, or on a separate label that is readily

35 visible.

36 (e) REGULATIONS.—In consultation with the Secretaries of Commerce

37 and the Treasury, the Secretary of Transportation shall prescribe regula38 tions necessary to carry out this section, including regulations establishing

39 a procedure to verify the label information required under subsection (b)(1)

40 of this section. Those regulations shall provide the ultimate purchaser of a

41 new passenger motor vehicle with the best and most understandable infor-
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1 mation possible about the foreign content and United States/Canadian ori2 gin of the equipment of the vehicles without imposing costly and unneces3 sary burdens on the manufacturers. The Secretary of Transportation shall

4 prescribe the regulations promptly to provide adequate lead time for each

5 manufacturer to comply with this section. The regulations shall include pro6 visions applicable to outside suppliers and allied suppliers to require those

7 suppliers to certify whether passenger motor vehicle equipment provided by

8 those suppliers is of United States origin, of United States/Canadian origin,

9 or of foreign content and to provide other information the Secretary of

10 Transportation decides is necessary to allow each manufacturer to comply

11 reasonably with this section and to rely on that certification and informa12 tion.

13 (f) PREEMPTION.—(1) When a label content requirement prescribed

14 under this section is in effect, a State or a political subdivision of a State

15 may not adopt or enforce a law or regulation related to the content of vehi16 cles covered by a requirement under this section.

17 (2) A State or a political subdivision of a State may prescribe require18 ments related to the content of passenger motor vehicles obtained for its

19 own use.

20 § 32305. Information and assistance from other depart21 ments, agencies, and instrumentalities

22 (a) AUTHORITY TO REQUEST.—The Secretary of Transportation may re23 quest information necessary to carry out this chapter from a department,

24 agency, or instrumentality of the United States Government. The head of

25 the department, agency, or instrumentality shall provide the information.

26 (b) DETAILING PERSONNEL.—The head of a department, agency, or in27 strumentality may detail, on a reimbursable basis, personnel to assist the

28 Secretary in carrying out this chapter.

29 § 32306. Personnel

30 (a) GENERAL AUTHORITY.—In carrying out this chapter, the Secretary

31 of Transportation may—

32 (1) appoint and fix the pay of employees without regard to the provi33 sions of title 5 governing appointment in the competitive service and

34 chapter 51 and subchapter III of chapter 53 of title 5; and

35 (2) make contracts with persons for research and preparation of re36 ports.

37 (b) STATUS OF ADVISORY COMMITTEE MEMBERS.—A member of an ad38 visory committee appointed under section 325 of this title to carry out this

39 chapter is a special United States Government employee under chapter 11

40 of title 18.
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1 § 32307. Investigative powers

2 (a) GENERAL AUTHORITY.—In carrying out this chapter, the Secretary

3 of Transportation may—

4 (1) inspect and copy records of any person at reasonable times;

5 (2) order a person to file written reports or answers to specific ques6 tions, including reports or answers under oath; and

7 (3) conduct hearings, administer oaths, take testimony, and require

8 (by subpena or otherwise) the appearance and testimony of witnesses

9 and the production of records the Secretary considers advisable.

10 (b) WITNESS FEES AND MILEAGE.—A witness summoned under sub11 section (a) of this section is entitled to the same fee and mileage the witness

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

13 (c) CIVIL ACTIONS TO ENFORCE.—A civil action to enforce a subpena or

14 order of the Secretary under subsection (a) of this section may be brought

15 in the United States district court for the judicial district in which the pro16 ceeding by the Secretary is conducted. The court may punish a failure to

17 obey an order of the court to comply with the subpena or order of the Sec18 retary as a contempt of court.

19 (d) CONFIDENTIALITY OF INFORMATION.—Information obtained by the

20 Secretary under this section related to a confidential matter referred to in

21 section 1905 of title 18 may be disclosed only to another officer or employee

22 of the United States Government for use in carrying out this chapter. This

23 subsection does not authorize information to be withheld from a committee

24 of Congress authorized to have the information.

25 § 32308. General prohibitions, civil penalty, and enforce26 ment

27 (a) PROHIBITIONS.—A person may not—

28 (1) fail to provide the Secretary of Transportation with information

29 requested by the Secretary in carrying out this chapter; or

30 (2) fail to comply with applicable regulations prescribed by the Sec31 retary in carrying out this chapter.

32 (b) CIVIL PENALTY.—(1) A person that violates subsection (a) of this

33 section is liable to the United States Government for a civil penalty of not

34 more than $1,000 for each violation. Each failure to provide information or

35 comply with a regulation in violation of subsection (a) is a separate viola36 tion. The maximum penalty under this subsection for a related series of vio37 lations is $400,000.

38 (2) The Secretary may compromise the amount of a civil penalty imposed

39 under this section.
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1 (3) In determining the amount of a penalty or compromise, the appro2 priateness of the penalty or compromise to the size of the business of the

3 person charged and the gravity of the violation shall be considered.

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

5 or compromised under this section from amounts it owes the person liable

6 for the penalty.

7 (c) CIVIL ACTIONS TO ENFORCE.—(1) The Attorney General may bring

8 a civil action in a United States district court to enjoin a violation of sub9 section (a) of this section.

10 (2) When practicable, the Secretary shall—

11 (A) notify a person against whom an action under this subsection

12 is planned;

13 (B) give the person an opportunity to present that person’s views;

14 and

15 (C) give the person a reasonable opportunity to comply.

16 (3) The failure of the Secretary to comply with paragraph (2) of this sub17 section does not prevent a court from granting appropriate relief.

18 (d) VENUE AND SERVICE.—A civil action under this section may be

19 brought in the judicial district in which the violation occurred or the defend20 ant is found, resides, or does business. Process in the action may be served

21 in any other judicial district in which the defendant resides or is found. A

22 subpena for a witness in the action may be served in any judicial district.

23 § 32309. Criminal penalty for labeling violations

24 (a) DEFINITIONS.—The definitions in section 32304 of this title apply to

25 this section.

26 (b) PENALTIES.—A manufacturer of a passenger motor vehicle distrib27 uted in commerce for sale in the United States that willfully fails to attach

28 the label required under section 32304 of this title to a new passenger

29 motor vehicle that the manufacturer manufactures or imports, or a dealer

30 that fails to maintain that label as required under section 32304, is liable

31 to the United States Government for a civil penalty of not more than

32 $1,000 for each violation. Each failure to attach or maintain that label for

33 each vehicle is a separate violation.

34 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.
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32511. Relationship to other motor vehicle standards.

1 § 32501. Purpose

2 The purpose of this chapter is to reduce economic loss resulting from

3 damage to passenger motor vehicles involved in motor vehicle accidents by

4 providing for the maintenance and enforcement of bumper standards.

5 § 32502. Bumper standards

6 (a) GENERAL REQUIREMENTS AND NONAPPLICATION.—The Secretary of

7 Transportation shall prescribe by regulation bumper standards for pas8 senger motor vehicles and may prescribe by regulation bumper standards for

9 passenger motor vehicle equipment manufactured in, or imported into, the

10 United States. A standard does not apply to a passenger motor vehicle or

11 passenger motor vehicle equipment—

12 (1) intended only for export;

13 (2) labeled for export on the vehicle or equipment and the outside

14 of any container of the vehicle or equipment; and

15 (3) exported.

16 (b) LIMITATIONS.—A standard under this section—

17 (1) may not conflict with a motor vehicle safety standard prescribed

18 under chapter 301 of this title;

19 (2) may not specify a dollar amount for the cost of repairing damage

20 to a passenger motor vehicle; and

21 (3) to the greatest practicable extent, may not preclude the attach22 ment of a detachable hitch.

23 (c) EXEMPTIONS.—For good cause, the Secretary may exempt from any

24 part of a standard—

25 (1) a multipurpose passenger vehicle; or

26 (2) a make, model, or class of a passenger motor vehicle manufac27 tured for a special use, if the standard would interfere unreasonably

28 with the special use of the vehicle.

29 (d) COST REDUCTION AND CONSIDERATIONS.—When prescribing a

30 standard under this section, the Secretary shall design the standard to ob31 tain the maximum feasible reduction of costs to the public, considering—

32 (1) the costs and benefits of carrying out the standard;

33 (2) the effect of the standard on insurance costs and legal fees and

34 costs;

35 (3) savings in consumer time and inconvenience; and

36 (4) health and safety, including emission standards.

37 (e) PROCEDURES.—Section 553 of title 5 applies to a standard prescribed

38 under this section. However, the Secretary shall give an interested person

39 an opportunity to make oral and written presentations of information, views,

40 and arguments. A transcript of each oral presentation shall be kept. Under
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1 conditions prescribed by the Secretary, the Secretary may conduct a hearing

2 to resolve an issue of fact material to a standard.

3 (f) EFFECTIVE DATE.—The Secretary shall prescribe an effective date for

4 a standard under this section. That date may not be earlier than the date

5 the standard is prescribed nor later than 18 months after the date the

6 standard is prescribed. However, the Secretary may prescribe a later date

7 when the Secretary submits to Congress and publishes the reasons for the

8 later date. A standard only applies to a passenger motor vehicle or pas9 senger motor vehicle equipment manufactured on or after the effective date.

10 (g) RESEARCH.—The Secretary shall conduct research necessary to carry

11 out this chapter.

12 § 32503. Judicial review of bumper standards

13 (a) FILING AND VENUE.—A person that may be adversely affected by a

14 standard prescribed under section 32502 of this title may apply for review

15 of the standard by filing a petition for review in the United States Court

16 of Appeals for the District of Columbia Circuit or in the court of appeals

17 of the United States for the circuit in which the person resides or has its

18 principal place of business. The petition must be filed not later than 59 days

19 after the standard is prescribed.

20 (b) NOTIFYING SECRETARY.—The clerk of the court shall send imme21 diately a copy of the petition to the Secretary of Transportation. The Sec22 retary shall file with the court a record of the proceeding in which the

23 standard was prescribed.

24 (c) ADDITIONAL PROCEEDINGS.—(1) On request of the petitioner, the

25 court may order the Secretary to receive additional evidence and evidence

26 in rebuttal if the court is satisfied the additional evidence is material and

27 there were reasonable grounds for not presenting the evidence in the pro28 ceeding before the Secretary.

29 (2) The Secretary may modify findings of fact or make new findings be30 cause of the additional evidence presented. The Secretary shall file a modi31 fied or new finding, a recommendation to modify or set aside a standard,

32 and the additional evidence with the court.

33 (d) SUPREME COURT REVIEW AND ADDITIONAL REMEDIES.—A judg34 ment of a court under this section may be reviewed only by the Supreme

35 Court under section 1254 of title 28. A remedy under this section is in addi36 tion to any other remedies provided by law.

37 § 32504. Certificates of compliance

38 Under regulations prescribed by the Secretary of Transportation, a manu39 facturer or distributor of a passenger motor vehicle or passenger motor vehi40 cle equipment subject to a standard prescribed under section 32502 this
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1 title shall give the distributor or dealer at the time of delivery a certificate

2 that the vehicle or equipment complies with the standard.

3 § 32505. Information and compliance requirements

4 (a) GENERAL AUTHORITY.—(1) To enable the Secretary of Transpor5 tation to decide whether a manufacturer of passenger motor vehicles or pas6 senger motor vehicle equipment is complying with this chapter and stand7 ards prescribed under this chapter, the Secretary may require the manufac8 turer to—

9 (A) keep records;

10 (B) make reports;

11 (C) provide items and information, including vehicles and equipment

12 for testing at a negotiated price not more than the manufacturer’s cost;

13 and

14 (D) allow an officer or employee designated by the Secretary to in15 spect vehicles and relevant records of the manufacturer.

16 (2) To enforce this chapter, an officer or employee designated by the Sec17 retary, on presenting appropriate credentials and a written notice to the

18 owner, operator, or agent in charge, may inspect a facility in which pas19 senger motor vehicles or passenger motor vehicle equipment is manufac20 tured, held for introduction in interstate commerce, or held for sale after

21 introduction in interstate commerce. An inspection shall be conducted at a

22 reasonable time, in a reasonable way, and with reasonable promptness.

23 (b) POWERS OF SECRETARY AND CIVIL ACTIONS TO ENFORCE.—(1) In

24 carrying out this chapter, the Secretary may—

25 (A) inspect and copy records of any person at reasonable times;

26 (B) order a person to file written reports or answers to specific ques27 tions, including reports or answers under oath; and

28 (C) conduct hearings, administer oaths, take testimony, and require

29 (by subpena or otherwise) the appearance and testimony of witnesses

30 and the production of records the Secretary considers advisable.

31 (2) A witness summoned under this subsection is entitled to the same fee

32 and mileage the witness would have been paid in a court of the United

33 States.

34 (3) A civil action to enforce a subpena or order of the Secretary under

35 this subsection may be brought in the United States district court for the

36 judicial district in which the proceeding by the Secretary was conducted.

37 The court may punish a failure to obey an order of the court to comply

38 with the subpena or order of the Secretary as a contempt of court.

39 (c) CONFIDENTIALITY OF INFORMATION.—(1) Information obtained by

40 the Secretary under this chapter related to a confidential matter referred

41 to in section 1905 of title 18 may be disclosed only—
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1 (A) to another officer or employee of the United States Government

2 for use in carrying out this chapter; or

3 (B) in a proceeding under this chapter.

4 (2) This subsection does not authorize information to be withheld from

5 a committee of Congress authorized to have the information.

6 (3) Subject to paragraph (1) of this subsection, the Secretary, on request,

7 shall make available to the public at cost information the Secretary submits

8 or receives in carrying out this chapter.

9 § 32506. Prohibited acts

10 (a) GENERAL.—Except as provided in this section, a person may not—

11 (1) manufacture for sale, sell, offer for sale, introduce or deliver for

12 introduction in interstate commerce, or import into the United States,

13 a passenger motor vehicle or passenger motor vehicle equipment manu14 factured on or after the date an applicable standard under section

15 32502 of this title takes effect, unless it conforms to the standard;

16 (2) fail to comply with an applicable regulation prescribed by the

17 Secretary of Transportation under this chapter;

18 (3) fail to keep records, refuse access to or copying of records, fail

19 to make reports or provide items or information, or fail or refuse to

20 allow entry or inspection, as required by this chapter or a regulation

21 prescribed under this chapter; or

22 (4) fail to provide the certificate required by section 32504 of this

23 title, or provide a certificate that the person knows, or in the exercise

24 of reasonable care has reason to know, is false or misleading in a mate25 rial respect.

26 (b) NONAPPLICATION.—Subsection (a)(1) of this section does not apply

27 to—

28 (1) the sale, offer for sale, or introduction or delivery for introduc29 tion in interstate commerce of a passenger motor vehicle or passenger

30 motor vehicle equipment after the first purchase of the vehicle or equip31 ment in good faith other than for resale (but this clause does not pro32 hibit a standard from requiring that a vehicle or equipment be manu33 factured to comply with the standard over a specified period of oper34 ation or use); or

35 (2) a person—

36 (A) establishing that the person had no reason to know, by exer37 cising reasonable care, that the vehicle or equipment does not com38 ply with the standard; or

39 (B) holding, without knowing about a noncompliance and before

40 that first purchase, a certificate issued under section 32504 of this
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1 title stating that the vehicle or equipment complies with the stand2 ard.

3 (c) IMPORTING NONCOMPLYING VEHICLES AND EQUIPMENT.—(1) The

4 Secretaries of Transportation and the Treasury may prescribe joint regula5 tions authorizing a passenger motor vehicle or passenger motor vehicle

6 equipment not complying with a standard prescribed under section 32502

7 of this title to be imported into the United States subject to conditions (in8 cluding providing a bond) the Secretaries consider appropriate to ensure

9 that the vehicle or equipment will—

10 (A) comply, after importation, with the standards prescribed under

11 section 32502 of this title;

12 (B) be exported; or

13 (C) be abandoned to the United States Government.

14 (2) The Secretaries may prescribe joint regulations that allow a passenger

15 motor vehicle or passenger motor vehicle equipment to be imported into the

16 United States after the first purchase in good faith other than for resale.

17 (d) LIABILITY UNDER OTHER LAW.—Compliance with a standard under

18 this chapter does not exempt a person from liability provided by law.

19 § 32507. Penalties and enforcement

20 (a) CIVIL PENALTY.—(1) A person that violates section 32506(a) of this

21 title is liable to the United States Government for a civil penalty of not

22 more than $1,000 for each violation. A separate violation occurs for each

23 passenger motor vehicle or item of passenger motor vehicle equipment in24 volved in a violation of section 32506(a)(1) or (4) of this title—

25 (A) that does not comply with a standard prescribed under section

26 32502 of this title; or

27 (B) for which a certificate is not provided, or for which a false or

28 misleading certificate is provided, under section 32504 of this title.

29 (2) The maximum civil penalty under this subsection for a related series

30 of violations is $800,000.

31 (3) The Secretary of Transportation imposes a civil penalty under this

32 subsection. The Attorney General or the Secretary, with the concurrence of

33 the Attorney General, shall bring a civil action in a United States district

34 court to collect the penalty.

35 (b) CRIMINAL PENALTY.—A person knowingly and willfully violating sec36 tion 32506(a)(1) of this title after receiving a notice of noncompliance from

37 the Secretary shall be fined under title 18, imprisoned for not more than

38 one year, or both. If the person is a corporation, the penalties of this sub39 section also apply to a director, officer, or individual agent of the corpora40 tion who, with knowledge of the Secretary’s notice, knowingly and willfully

41 authorizes, orders, or performs an act that is any part of the violation.
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1 (c) CIVIL ACTIONS TO ENFORCE.—(1) The Secretary or the Attorney

2 General may bring a civil action in a United States district court to enjoin

3 a violation of this chapter or the sale, offer for sale, introduction or delivery

4 for introduction in interstate commerce, or importation into the United

5 States, of a passenger motor vehicle or passenger motor vehicle equipment

6 that is found, before the first purchase in good faith other than for resale,

7 not to comply with a standard prescribed under section 32502 of this title.

8 (2) When practicable, the Secretary shall—

9 (A) notify a person against whom an action under this subsection

10 is planned;

11 (B) give the person an opportunity to present that person’s views;

12 and

13 (C) except for a knowing and willful violation, give the person a rea14 sonable opportunity to comply.

15 (3) The failure of the Secretary to comply with paragraph (2) of this sub16 section does not prevent a court from granting appropriate relief.

17 (d) JURY TRIAL DEMAND.—In a trial for criminal contempt for violating

18 an injunction or restraining order issued under subsection (c) of this sec19 tion, the violation of which is also a violation of this chapter, the defendant

20 may demand a jury trial. The defendant shall be tried as provided in rule

21 42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.).

22 (e) VENUE.—A civil action under subsection (a) or (c) of this section may

23 be brought in the judicial district in which the violation occurred or the de24 fendant is found, resides, or does business. Process in the action may be

25 served in any other judicial district in which the defendant resides or is

26 found. A subpena for a witness in the action may be served in any judicial

27 district.

28 § 32508. Civil actions by owners of passenger motor vehicles

29 When an owner of a passenger motor vehicle sustains damages as a result

30 of a motor vehicle accident because the vehicle did not comply with a stand31 ard prescribed under section 32502 of this title, the owner may bring a civil

32 action against the manufacturer to recover the damages. The action may

33 be brought in the United States District Court for the District of Columbia

34 or in the United States district court for the judicial district in which the

35 owner resides. The action must be brought not later than 3 years after the

36 date of the accident. The court shall award costs and a reasonable attor37 ney’s fee to the owner when a judgment is entered for the owner.

38 § 32509. Information and assistance from other depart39 ments, agencies, and instrumentalities

40 (a) GENERAL AUTHORITY.—The Secretary of Transportation may re41 quest information necessary to carry out this chapter from a department,
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1 agency, or instrumentality of the United States Government. The head of

2 the department, agency, or instrumentality shall provide the information.

3 (b) DETAILING PERSONNEL.—The head of a department, agency, or in4 strumentality may detail, on a reimbursable basis, personnel to assist the

5 Secretary in carrying out this chapter.

6 § 32510. Annual report

7 Not later than March 31 of each year, the Secretary of Transportation

8 shall submit to Congress and the President a report on the progress in car9 rying out section 32501 of this title. The report shall include—

10 (1) a statement of the cost savings resulting from carrying out this

11 chapter; and

12 (2) recommendations for legislative or other action the Secretary de13 cides may be appropriate.

14 § 32511. Relationship to other motor vehicle standards

15 (a) PREEMPTION.—Except as provided in this section, a State or a politi16 cal subdivision of a State may prescribe or enforce a bumper standard for

17 a passenger motor vehicle or passenger motor vehicle equipment only if the

18 standard is identical to a standard prescribed under section 32502 of this

19 title.

20 (b) ENFORCEMENT.—This chapter and chapter 301 of this title do not

21 affect the authority of a State to enforce a bumper standard about an as22 pect of performance of a passenger motor vehicle or passenger motor vehicle

23 equipment not covered by a standard prescribed under section 32502 of this

24 title if the State bumper standard—

25 (1) does not conflict with a standard prescribed under chapter 301

26 of this title; and

27 (2) was in effect or prescribed by the State on October 20, 1972.

28 (c) ADDITIONAL AND HIGHER STANDARDS OF PERFORMANCE.—The

29 United States Government, a State, or a political subdivision of a State may

30 prescribe a bumper standard for a passenger motor vehicle or passenger

31 motor vehicle equipment obtained for its own use that imposes additional

32 or higher standards of performance than a standard prescribed under sec33 tion 32502 of this title.

34 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.
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32711. Relationship to State law.

1 § 32701. Findings and purposes

2 (a) FINDINGS.—Congress finds that—

3 (1) buyers of motor vehicles rely heavily on the odometer reading as

4 an index of the condition and value of a vehicle;

5 (2) buyers are entitled to rely on the odometer reading as an accu6 rate indication of the mileage of the vehicle;

7 (3) an accurate indication of the mileage assists a buyer in deciding

8 on the safety and reliability of the vehicle; and

9 (4) motor vehicles move in, or affect, interstate and foreign com10 merce.

11 (b) PURPOSES.—The purposes of this chapter are—

12 (1) to prohibit tampering with motor vehicle odometers; and

13 (2) to provide safeguards to protect purchasers in the sale of motor

14 vehicles with altered or reset odometers.

15 § 32702. Definitions

16 In this chapter—

17 (1) ‘‘auction company’’ means a person taking possession of a motor

18 vehicle owned by another to sell at an auction.

19 (2) ‘‘dealer’’ means a person that sold at least 5 motor vehicles dur20 ing the prior 12 months to buyers that in good faith bought the vehi21 cles other than for resale.

22 (3) ‘‘distributor’’ means a person that sold at least 5 motor vehicles

23 during the prior 12 months for resale.

24 (4) ‘‘leased motor vehicle’’ means a motor vehicle leased to a person

25 for at least 4 months by a lessor that leased at least 5 vehicles during

26 the prior 12 months.

27 (5) ‘‘odometer’’ means an instrument for measuring and recording

28 the distance a motor vehicle is driven, but does not include an auxiliary

29 instrument designed to be reset by the operator of the vehicle to record

30 mileage of a trip.

31 (6) ‘‘repair’’ and ‘‘replace’’ mean to restore to a sound working con32 dition by replacing any part of an odometer or by correcting any inop33 erative part of an odometer.

34 (7) ‘‘title’’ means the certificate of title or other document issued by

35 the State indicating ownership.

36 (8) ‘‘transfer’’ means to change ownership by sale, gift, or other

37 means.

38 § 32703. Preventing tampering

39 A person may not—
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1 (1) advertise for sale, sell, use, install, or have installed, a device that

2 makes an odometer of a motor vehicle register a mileage different from

3 the mileage the vehicle was driven, as registered by the odometer within

4 the designed tolerance of the manufacturer of the odometer;

5 (2) disconnect, reset, alter, or have disconnected, reset, or altered,

6 an odometer of a motor vehicle intending to change the mileage reg7 istered by the odometer;

8 (3) with intent to defraud, operate a motor vehicle on a public street,

9 road, or highway if the person knows that the odometer of the vehicle

10 is disconnected or not operating; or

11 (4) conspire to violate this section or section 32704 or 32705 of this

12 title.

13 § 32704. Service, repair, and replacement

14 (a) ADJUSTING MILEAGE.—A person may service, repair, or replace an

15 odometer of a motor vehicle if the mileage registered by the odometer re16 mains the same as before the service, repair, or replacement. If the mileage

17 cannot remain the same—

18 (1) the person shall adjust the odometer to read zero; and

19 (2) the owner of the vehicle or agent of the owner shall attach a

20 written notice to the left door frame of the vehicle specifying the mile21 age before the service, repair, or replacement and the date of the serv22 ice, repair, or replacement.

23 (b) REMOVING OR ALTERING NOTICE.—A person may not, with intent to

24 defraud, remove or alter a notice attached to a motor vehicle as required

25 by this section.

26 § 32705. Disclosure requirements on transfer of motor vehi27 cles

28 (a) WRITTEN DISCLOSURE REQUIREMENTS.—(1) Under regulations pre29 scribed by the Secretary of Transportation, a person transferring ownership

30 of a motor vehicle shall give the transferee a written disclosure—

31 (A) of the cumulative mileage registered by the odometer; or

32 (B) that the mileage is unknown if the transferor knows that the

33 mileage registered by the odometer is incorrect.

34 (2) A person making a written disclosure required by a regulation pre35 scribed under paragraph (1) of this subsection may not make a false state36 ment in the disclosure.

37 (3) A person acquiring a motor vehicle for resale may accept a disclosure

38 under this section only if it is complete.

39 (4) The regulations prescribed by the Secretary shall provide the way in

40 which information is disclosed and retained under this section.
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1 (b) MILEAGE STATEMENT REQUIREMENT FOR LICENSING.—(1) A motor

2 vehicle the ownership of which is transferred may not be licensed for use

3 in a State unless the transferee, in submitting an application to a State for

4 the title on which the license will be issued, includes with the application

5 the transferor’s title and, if that title contains the space referred to in para6 graph (3)(A)(iii) of this subsection, a statement, signed and dated by the

7 transferor, of the mileage disclosure required under subsection (a) of this

8 section. This paragraph does not apply to a transfer of ownership of a

9 motor vehicle that has not been licensed before the transfer.

10 (2)(A) Under regulations prescribed by the Secretary, if the title to a

11 motor vehicle issued to a transferor by a State is in the possession of a

12 lienholder when the transferor transfers ownership of the vehicle, the trans13 feror may use a written power of attorney (if allowed by State law) in mak14 ing the mileage disclosure required under subsection (a) of this section. Reg15 ulations prescribed under this paragraph—

16 (i) shall prescribe the form of the power of attorney;

17 (ii) shall provide that the form be printed by means of a secure

18 printing process (or other secure process);

19 (iii) shall provide that the State issue the form to the transferee;

20 (iv) shall provide that the person exercising the power of attorney

21 retain a copy and submit the original to the State with a copy of the

22 title showing the restatement of the mileage;

23 (v) may require that the State retain the power of attorney and the

24 copy of the title for an appropriate period or that the State adopt alter25 native measures consistent with section 32701(b) of this title, after

26 considering the costs to the State;

27 (vi) shall ensure that the mileage at the time of transfer be disclosed

28 on the power of attorney document;

29 (vii) shall ensure that the mileage be restated exactly by the person

30 exercising the power of attorney in the space referred to in paragraph

31 (3)(A)(iii) of this subsection;

32 (viii) may not require that a motor vehicle be titled in the State in

33 which the power of attorney was issued;

34 (ix) shall consider the need to facilitate normal commercial trans35 actions in the sale or exchange of motor vehicles; and

36 (x) shall provide other conditions the Secretary considers appro37 priate.

38 (B) Section 32709(a) and (b) applies to a person granting or granted a

39 power of attorney under this paragraph.
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1 (3)(A) A motor vehicle the ownership of which is transferred may be li2 censed for use in a State only if the title issued by the State to the trans3 feree—

4 (i) is produced by means of a secure printing process (or other se5 cure process);

6 (ii) indicates the mileage disclosure required to be made under sub7 section (a) of this section; and

8 (iii) contains a space for the transferee to disclose the mileage at the

9 time of a future transfer and to sign and date the disclosure.

10 (B) Subparagraph (A) of this paragraph does not require a State to ver11 ify, or preclude a State from verifying, the mileage information contained

12 in the title.

13 (c) LEASED MOTOR VEHICLES.—(1) For a leased motor vehicle, the reg14 ulations prescribed under subsection (a) of this section shall require written

15 disclosure about mileage to be made by the lessee to the lessor when the

16 lessor transfers ownership of that vehicle.

17 (2) Under those regulations, the lessor shall provide written notice to the

18 lessee of—

19 (A) the mileage disclosure requirements of subsection (a) of this sec20 tion; and

21 (B) the penalties for failure to comply with those requirements.

22 (3) The lessor shall retain the disclosures made by a lessee under para23 graph (1) of this subsection for at least 4 years following the date the lessor

24 transfers the leased motor vehicle.

25 (4) If the lessor transfers ownership of a leased motor vehicle without ob26 taining possession of the vehicle, the lessor, in making the disclosure re27 quired by subsection (a) of this section, may indicate on the title the mile28 age disclosed by the lessee under paragraph (1) of this subsection unless

29 the lessor has reason to believe that the disclosure by the lessee does not

30 reflect the actual mileage of the vehicle.

31 (d) STATE ALTERNATE VEHICLE MILEAGE DISCLOSURE REQUIRE32 MENTS.—The requirements of subsections (b) and (c)(1) of this section on

33 the disclosure of motor vehicle mileage when motor vehicles are transferred

34 or leased apply in a State unless the State has in effect alternate motor

35 vehicle mileage disclosure requirements approved by the Secretary. The Sec36 retary shall approve alternate motor vehicle mileage disclosure requirements

37 submitted by a State unless the Secretary decides that the requirements are

38 not consistent with the purpose of the disclosure required by subsection (b)

39 or (c), as the case may be.
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1 (e) AUCTION SALES.—If a motor vehicle is sold at an auction, the auction

2 company conducting the auction shall maintain the following records for at

3 least 4 years after the date of the sale:

4 (1) the name of the most recent owner of the motor vehicle (except

5 the auction company) and the name of the buyer of the motor vehicle.

6 (2) the vehicle identification number required under chapter 301 or

7 331 of this title.

8 (3) the odometer reading on the date the auction company took pos9 session of the motor vehicle.

10 (f) APPLICATION AND REVISION OF STATE LAW.—(1) Except as provided

11 in paragraph (2) of this subsection, subsections (b)–(e) of this section apply

12 to the transfer of a motor vehicle after April 28, 1989.

13 (2) If a State requests, the Secretary shall assist the State in revising

14 its laws to comply with subsection (b) of this section. If a State requires

15 time beyond April 28, 1989, to revise its laws to achieve compliance, the

16 Secretary, on request of the State, may grant additional time that the Sec17 retary considers reasonable by publishing a notice in the Federal Register.

18 The notice shall include the reasons for granting the additional time. In

19 granting additional time, the Secretary shall ensure that the State is mak20 ing reasonable efforts to achieve compliance.

21 § 32706. Inspections, investigations, and records

22 (a) AUTHORITY TO INSPECT AND INVESTIGATE.—Subject to section

23 32707 of this title, the Secretary of Transportation may conduct an inspec24 tion or investigation necessary to carry out this chapter or a regulation pre25 scribed or order issued under this chapter. The Secretary shall cooperate

26 with State and local officials to the greatest extent possible in conducting

27 an inspection or investigation. The Secretary may give the Attorney General

28 information about a violation of this chapter or a regulation prescribed or

29 order issued under this chapter.

30 (b) ENTRY, INSPECTION, AND IMPOUNDMENT.—(1) In carrying out sub31 section (a) of this section, an officer or employee designated by the Sec32 retary, on display of proper credentials and written notice to the owner, op33 erator, or agent in charge, may—

34 (A) enter and inspect commercial premises in which a motor vehicle

35 or motor vehicle equipment is manufactured, held for shipment or sale,

36 maintained, or repaired;

37 (B) enter and inspect noncommercial premises in which the Sec38 retary reasonably believes there is a motor vehicle or motor vehicle

39 equipment that is an object of a violation of this chapter;

40 (C) inspect that motor vehicle or motor vehicle equipment; and
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1 (D) impound for not more than 72 hours for inspection a motor ve2 hicle or motor vehicle equipment that the Secretary reasonably believes

3 is an object of a violation of this chapter.

4 (2) An inspection or impoundment under this subsection shall be con5 ducted at a reasonable time, in a reasonable way, and with reasonable

6 promptness. The written notice may consist of a warrant issued under sec7 tion 32707 of this title.

8 (c) REASONABLE COMPENSATION.—When the Secretary impounds for in9 spection a motor vehicle (except a vehicle subject to subchapter II of chapter

10 105 of this title) or motor vehicle equipment under subsection (b)(1)(D) of

11 this section, the Secretary shall pay reasonable compensation to the owner

12 of the vehicle or equipment if the inspection or impoundment results in de13 nial of use, or reduction in value, of the vehicle or equipment.

14 (d) RECORDS AND INFORMATION REQUIREMENTS.—(1) To enable the

15 Secretary to decide whether a dealer or distributor is complying with this

16 chapter and regulations prescribed and orders issued under this chapter, the

17 Secretary may require the dealer or distributor—

18 (A) to keep records;

19 (B) to provide information from those records if the Secretary states

20 the purpose for requiring the information and identifies the information

21 to the fullest extent practicable; and

22 (C) to allow an officer or employee designated by the Secretary to

23 inspect relevant records of the dealer or distributor.

24 (2) This subsection and subsection (e)(1)(B) of this section do not au25 thorize the Secretary to require a dealer or distributor to provide informa26 tion on a regular periodic basis.

27 (e) ADMINISTRATIVE AUTHORITY AND CIVIL ACTIONS TO ENFORCE.—

28 (1) In carrying out this chapter, the Secretary may—

29 (A) inspect and copy records of any person at reasonable times;

30 (B) order a person to file written reports or answers to specific ques31 tions, including reports or answers under oath; and

32 (C) conduct hearings, administer oaths, take testimony, and require

33 (by subpena or otherwise) the appearance and testimony of witnesses

34 and the production of records the Secretary considers advisable.

35 (2) A witness summoned under this subsection is entitled to the same fee

36 and mileage the witness would have been paid in a court of the United

37 States.

38 (3) A civil action to enforce a subpena or order of the Secretary under

39 this subsection may be brought in the United States district court for the

40 judicial district in which the proceeding by the Secretary was conducted.
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1 The court may punish a failure to obey an order of the court to comply

2 with the subpena or order of the Secretary as a contempt of court.

3 (f) PROHIBITIONS.—A person may not fail to keep records, refuse access

4 to or copying of records, fail to make reports or provide information, fail

5 to allow entry or inspection, or fail to permit impoundment, as required

6 under this section.

7 § 32707. Administrative warrants

8 (a) DEFINITION.—In this section, ‘‘probable cause’’ means a valid public

9 interest in the effective enforcement of this chapter or a regulation pre10 scribed under this chapter sufficient to justify the inspection or impound11 ment in the circumstances stated in an application for a warrant under this

12 section.

13 (b) WARRANT REQUIREMENT AND ISSUANCE.—(1) Except as provided in

14 paragraph (4) of this subsection, an inspection or impoundment under sec15 tion 32706 of this title may be carried out only after a warrant is obtained.

16 (2) A judge of a court of the United States or a State court of record

17 or a United States magistrate may issue a warrant for an inspection or im18 poundment under section 32706 of this title within the territorial jurisdic19 tion of the court or magistrate. The warrant must be based on an affidavit

20 that—

21 (A) establishes probable cause to issue the warrant; and

22 (B) is sworn to before the judge or magistrate by an officer or em23 ployee who knows the facts alleged in the affidavit.

24 (3) The judge or magistrate shall issue the warrant when the judge or

25 magistrate decides there is a reasonable basis for believing that probable

26 cause exists to issue the warrant. The warrant must—

27 (A) identify the premises, property, or motor vehicle to be inspected

28 and the items or type of property to be impounded;

29 (B) state the purpose of the inspection, the basis for issuing the war30 rant, and the name of the affiant;

31 (C) direct an individual authorized under section 32706 of this title

32 to inspect the premises, property, or vehicle for the purpose stated in

33 the warrant and, when appropriate, to impound the property specified

34 in the warrant;

35 (D) direct that the warrant be served during the hours specified in

36 the warrant; and

37 (E) name the judge or magistrate with whom proof of service is to

38 be filed.

39 (4) A warrant under this section is not required when—

40 (A) the owner, operator, or agent in charge of the premises consents;
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1 (B) it is reasonable to believe that the mobility of the motor vehicle

2 to be inspected makes it impractical to obtain a warrant;

3 (C) an application for a warrant cannot be made because of an emer4 gency;

5 (D) records are to be inspected and copied under section

6 32706(e)(1)(A) of this title; or

7 (E) a warrant is not constitutionally required.

8 (c) SERVICE AND IMPOUNDMENT OF PROPERTY.—(1) A warrant issued

9 under this section must be served and proof of service filed not later than

10 10 days after its issuance date. The judge or magistrate may allow addi11 tional time in the warrant if the Secretary of Transportation demonstrates

12 a need for additional time. Proof of service must be filed promptly with a

13 written inventory of the property impounded under the warrant. The inven14 tory shall be made in the presence of the individual serving the warrant and

15 the individual from whose possession or premises the property was im16 pounded, or if that individual is not present, a credible individual except the

17 individual making the inventory. The individual serving the warrant shall

18 verify the inventory. On request, the judge or magistrate shall send a copy

19 of the inventory to the individual from whose possession or premises the

20 property was impounded and to the applicant for the warrant.

21 (2) When property is impounded under a warrant, the individual serving

22 the warrant shall—

23 (A) give the person from whose possession or premises the property

24 was impounded a copy of the warrant and a receipt for the property;

25 or

26 (B) leave the copy and receipt at the place from which the property

27 was impounded.

28 (3) The judge or magistrate shall file the warrant, proof of service, and

29 all documents filed about the warrant with the clerk of the United States

30 district court for the judicial district in which the inspection is made.

31 § 32708. Confidentiality of information

32 (a) GENERAL.—Information obtained by the Secretary of Transportation

33 under this chapter related to a confidential matter referred to in section

34 1905 of title 18 may be disclosed only—

35 (1) to another officer or employee of the United States Government

36 for use in carrying out this chapter; or

37 (2) in a proceeding under this chapter.

38 (b) WITHHOLDING INFORMATION FROM CONGRESS.—This section does

39 not authorize information to be withheld from a committee of Congress au40 thorized to have the information.
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1 § 32709. Penalties and enforcement

2 (a) CIVIL PENALTY.—(1) A person that violates this chapter or a regula3 tion prescribed or order issued under this chapter is liable to the United

4 States Government for a civil penalty of not more than $2,000 for each vio5 lation. A separate violation occurs for each motor vehicle or device involved

6 in the violation. The maximum penalty under this subsection for a related

7 series of violations is $100,000.

8 (2) The Secretary of Transportation shall impose a civil penalty under

9 this subsection. The Attorney General shall bring a civil action to collect the

10 penalty. Before referring a penalty claim to the Attorney General, the Sec11 retary may compromise the amount of the penalty. Before compromising the

12 amount of the penalty, the Secretary shall give the person charged with a

13 violation an opportunity to establish that the violation did not occur.

14 (3) In determining the amount of a civil penalty under this subsection,

15 the Secretary shall consider—

16 (A) the nature, circumstances, extent, and gravity of the violation;

17 (B) with respect to the violator, the degree of culpability, any history

18 of prior violations, the ability to pay, and any effect on the ability to

19 continue doing business; and

20 (C) other matters that justice requires.

21 (b) CRIMINAL PENALTY.—A person that knowingly and willfully violates

22 this chapter or a regulation prescribed or order issued under this chapter

23 shall be fined under title 18, imprisoned for not more than 3 years, or both.

24 If the person is a corporation, the penalties of this subsection also apply

25 to a director, officer, or individual agent of a corporation who knowingly

26 and willfully authorizes, orders, or performs an act in violation of this chap27 ter or a regulation prescribed or order issued under this chapter without

28 regard to penalties imposed on the corporation.

29 (c) CIVIL ACTIONS BY ATTORNEY GENERAL.—The Attorney General may

30 bring a civil action to enjoin a violation of this chapter or a regulation pre31 scribed or order issued under this chapter. The action may be brought in

32 the United States district court for the judicial district in which the viola33 tion occurred or the defendant is found, resides, or does business. Process

34 in the action may be served in any other judicial district in which the de35 fendant resides or is found. A subpena for a witness in the action may be

36 served in any judicial district.

37 (d) CIVIL ACTIONS BY STATES.—(1) When a person violates this chapter

38 or a regulation prescribed or order issued under this chapter, the chief law

39 enforcement officer of the State in which the violation occurs may bring a

40 civil action—

41 (A) to enjoin the violation; or
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1 (B) to recover amounts for which the person is liable under section

2 32710 of this title for each person on whose behalf the action is

3 brought.

4 (2) An action under this subsection may be brought in an appropriate

5 United States district court or in a State court of competent jurisdiction.

6 The action must be brought not later than 2 years after the claim accrues.

7 § 32710. Civil actions by private persons

8 (a) VIOLATION AND AMOUNT OF DAMAGES.—A person that violates this

9 chapter or a regulation prescribed or order issued under this chapter, with

10 intent to defraud, is liable for 3 times the actual damages or $1,500, which11 ever is greater.

12 (b) CIVIL ACTIONS.—A person may bring a civil action to enforce a claim

13 under this section in an appropriate United States district court or in an14 other court of competent jurisdiction. The action must be brought not later

15 than 2 years after the claim accrues. The court shall award costs and a rea16 sonable attorney’s fee to the person when a judgment is entered for that

17 person.

18 § 32711. Relationship to State law

19 Except to the extent that State law is inconsistent with this chapter, this

20 chapter does not—

21 (1) affect a State law on disconnecting, altering, or tampering with

22 an odometer with intent to defraud; or

23 (2) exempt a person from complying with that law.

24 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.

25 § 32901. Definitions

26 (a) GENERAL.—In this chapter—

27 (1) ‘‘alternative fuel’’ means—

28 (A) methanol;

29 (B) denatured ethanol;
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1 (C) other alcohols;

2 (D) except as provided in subsection (b) of this section, a mix3 ture containing at least 85 percent of methanol, denatured etha4 nol, and other alcohols by volume with gasoline or other fuels;

5 (E) natural gas;

6 (F) liquefied petroleum gas;

7 (G) hydrogen;

8 (H) coal derived liquid fuels;

9 (I) fuels (except alcohol) derived from biological materials;

10 (J) electricity (including electricity from solar energy); and

11 (K) any other fuel the Secretary of Transportation prescribes by

12 regulation that is not substantially petroleum and that would yield

13 substantial energy security and environmental benefits.

14 (2) ‘‘alternative fueled automobile’’ means an automobile that is a—

15 (A) dedicated automobile; or

16 (B) dual fueled automobile.

17 (3) except as provided in section 32908 of this title, ‘‘automobile’’

18 means a 4-wheeled vehicle that is propelled by fuel, or by alternative

19 fuel, manufactured primarily for use on public streets, roads, and high20 ways (except a vehicle operated only on a rail line), and rated at—

21 (A) not more than 6,000 pounds gross vehicle weight; or

22 (B) more than 6,000, but less than 10,000, pounds gross vehicle

23 weight, if the Secretary decides by regulation that—

24 (i) an average fuel economy standard under this chapter

25 for the vehicle is feasible; and

26 (ii) an average fuel economy standard under this chapter

27 for the vehicle will result in significant energy conservation or

28 the vehicle is substantially used for the same purposes as a

29 vehicle rated at not more than 6,000 pounds gross vehicle

30 weight.

31 (4) ‘‘automobile manufactured by a manufacturer’’ includes every

32 automobile manufactured by a person that controls, is controlled by, or

33 is under common control with the manufacturer, but does not include

34 an automobile manufactured by the person that is exported not later

35 than 30 days after the end of the model year in which the automobile

36 is manufactured.

37 (5) ‘‘average fuel economy’’ means average fuel economy determined

38 under section 32904 of this title.

39 (6) ‘‘average fuel economy standard’’ means a performance standard

40 specifying a minimum level of average fuel economy applicable to a

41 manufacturer in a model year.
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1 (7) ‘‘dedicated automobile’’ means an automobile that operates only

2 on alternative fuel.

3 (8) ‘‘dual fueled automobile’’ means an automobile that—

4 (A) is capable of operating on alternative fuel and on gasoline

5 or diesel fuel;

6 (B) provides equal or superior energy efficiency, as calculated

7 for the applicable model year during fuel economy testing for the

8 United States Government, when operating on alternative fuel as

9 when operating on gasoline or diesel fuel;

10 (C) for model years 1993–1995 for an automobile capable of op11 erating on a mixture of an alternative fuel and gasoline or diesel

12 fuel and if the Administrator of the Environmental Protection

13 Agency decides to extend the application of this subclause, for an

14 additional period ending not later than the end of the last model

15 year to which section 32905(b) and (d) of this title applies, pro16 vides equal or superior energy efficiency, as calculated for the ap17 plicable model year during fuel economy testing for the Govern18 ment, when operating on a mixture of alternative fuel and gasoline

19 or diesel fuel containing exactly 50 percent gasoline or diesel fuel

20 as when operating on gasoline or diesel fuel; and

21 (D) for a passenger automobile, meets or exceeds the minimum

22 driving range prescribed under subsection (c) of this section.

23 (9) ‘‘fuel’’ means—

24 (A) gasoline;

25 (B) diesel oil; or

26 (C) other liquid or gaseous fuel that the Secretary decides by

27 regulation to include in this definition as consistent with the need

28 of the United States to conserve energy.

29 (10) ‘‘fuel economy’’ means the average number of miles traveled by

30 an automobile for each gallon of gasoline (or equivalent amount of

31 other fuel) used, as determined by the Administrator under section

32 32904(c) of this title.

33 (11) ‘‘import’’ means to import into the customs territory of the

34 United States.

35 (12) ‘‘manufacture’’ (except under section 32902(d) of this title)

36 means to produce or assemble in the customs territory of the United

37 States or to import.

38 (13) ‘‘manufacturer’’ means—

39 (A) a person engaged in the business of manufacturing auto40 mobiles, including a predecessor or successor of the person to the

41 extent provided under regulations prescribed by the Secretary; and
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1 (B) if more than one person is the manufacturer of an auto2 mobile, the person specified under regulations prescribed by the

3 Secretary.

4 (14) ‘‘model’’ means a class of automobiles as decided by regulation

5 by the Administrator after consulting and coordinating with the Sec6 retary.

7 (15) ‘‘model year’’, when referring to a specific calendar year,

8 means—

9 (A) the annual production period of a manufacturer, as decided

10 by the Administrator, that includes January 1 of that calendar

11 year; or

12 (B) that calendar year if the manufacturer does not have an an13 nual production period.

14 (16) ‘‘passenger automobile’’ means an automobile that the Sec15 retary decides by regulation is manufactured primarily for transporting

16 not more than 10 individuals, but does not include an automobile capa17 ble of off-highway operation that the Secretary decides by regulation—

18 (A) has a significant feature (except 4-wheel drive) designed for

19 off-highway operation; and

20 (B) is a 4-wheel drive automobile or is rated at more than 6,000

21 pounds gross vehicle weight.

22 (b) AUTHORITY TO CHANGE PERCENTAGE.—The Secretary may pre23 scribe regulations changing the percentage referred to in subsection

24 (a)(1)(D) of this section to not less than 70 percent because of requirements

25 relating to cold start, safety, or vehicle functions.

26 (c) MINIMUM DRIVING RANGES FOR DUAL FUELED PASSENGER AUTO27 MOBILES.—(1) The Secretary shall prescribe by regulation the minimum

28 driving range that dual fueled automobiles that are passenger automobiles

29 must meet when operating on alternative fuel to be dual fueled automobiles

30 under sections 32905 and 32906 of this title. A determination whether a

31 dual fueled automobile meets the minimum driving range requirement under

32 this paragraph shall be based on the combined Agency city/highway fuel

33 economy as determined for average fuel economy purposes for those auto34 mobiles.

35 (2)(A) The Secretary may prescribe a lower range for a specific model

36 than that prescribed under paragraph (1) of this subsection. A manufac37 turer may petition for a lower range than that prescribed under paragraph

38 (1) for a specific model.
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1 (B) The minimum driving range prescribed for dual fueled automobiles

2 (except electric automobiles) under subparagraph (A) of this paragraph or

3 paragraph (1) of this subsection must be at least 200 miles.

4 (C) If the Secretary prescribes a minimum driving range of 200 miles for

5 dual fueled automobiles (except electric automobiles) under paragraph (1)

6 of this subsection, subparagraph (A) of this paragraph does not apply to

7 dual fueled automobiles (except electric automobiles).

8 (3) In prescribing a minimum driving range under paragraph (1) of this

9 subsection and in taking an action under paragraph (2) of this subsection,

10 the Secretary shall consider the purpose set forth in section 3 of the Alter11 native Motor Fuels Act of 1988 (Public Law 100–494, 102 Stat. 2442),

12 consumer acceptability, economic practicability, technology, environmental

13 impact, safety, drivability, performance, and other factors the Secretary con14 siders relevant.

15 § 32902. Average fuel economy standards

16 (a) NON-PASSENGER AUTOMOBILES.—At least 18 months before the be17 ginning of each model year, the Secretary of Transportation shall prescribe

18 by regulation average fuel economy standards for automobiles (except pas19 senger automobiles) manufactured by a manufacturer in that model year.

20 Each standard shall be the maximum feasible average fuel economy level

21 that the Secretary decides the manufacturers can achieve in that model

22 year. The Secretary may prescribe separate standards for different classes

23 of automobiles.

24 (b) PASSENGER AUTOMOBILES.—Except as provided in this section, the

25 average fuel economy standard for passenger automobiles manufactured by

26 a manufacturer in a model year after model year 1984 shall be 27.5 miles

27 a gallon.

28 (c) AMENDING PASSENGER AUTOMOBILE STANDARDS.—(1) Subject to

29 paragraph (2) of this subsection, the Secretary of Transportation may pre30 scribe regulations amending the standard under subsection (b) of this sec31 tion for a model year to a level that the Secretary decides is the maximum

32 feasible average fuel economy level for that model year. Section 553 of title

33 5 applies to a proceeding to amend the standard. However, any interested

34 person may make an oral presentation and a transcript shall be taken of

35 that presentation.

36 (2) If an amendment increases the standard above 27.5 miles a gallon

37 or decreases the standard below 26.0 miles a gallon, the Secretary of Trans38 portation shall submit the amendment to Congress. The procedures of sec39 tion 551 of the Energy Policy and Conservation Act (42 U.S.C. 6421) apply

40 to an amendment, except that the 15 calendar days referred to in section

41 551(c) and (d) of the Act (42 U.S.C. 6421(c), (d)) are deemed to be 60
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1 calendar days, and the 5 calendar days referred to in section 551(f)(4)(A)

2 of the Act (42 U.S.C. 6421(f)(4)(A)) are deemed to be 20 calendar days.

3 If either House of Congress disapproves the amendment under those proce4 dures, the amendment does not take effect.

5 (d) EXEMPTIONS.—(1) Except as provided in paragraph (3) of this sub6 section, on application of a manufacturer that manufactured (whether in the

7 United States or not) fewer than 10,000 passenger automobiles in the model

8 year 2 years before the model year for which the application is made, the

9 Secretary of Transportation may exempt by regulation the manufacturer

10 from a standard under subsection (b) or (c) of this section. An exemption

11 for a model year applies only if the manufacturer manufactures (whether

12 in the United States or not) fewer than 10,000 passenger automobiles in

13 the model year. The Secretary may exempt a manufacturer only if the Sec14 retary—

15 (A) finds that the applicable standard under those subsections is

16 more stringent than the maximum feasible average fuel economy level

17 that the manufacturer can achieve; and

18 (B) prescribes by regulation an alternative average fuel economy

19 standard for the passenger automobiles manufactured by the exempted

20 manufacturer that the Secretary decides is the maximum feasible aver21 age fuel economy level for the manufacturers to which the alternative

22 standard applies.

23 (2) An alternative average fuel economy standard the Secretary of Trans24 portation prescribes under paragraph (1)(B) of this subsection may apply

25 to an individually exempted manufacturer, to all automobiles to which this

26 subsection applies, or to classes of passenger automobiles, as defined under

27 regulations of the Secretary, manufactured by exempted manufacturers.

28 (3) Notwithstanding paragraph (1) of this subsection, an importer reg29 istered under section 30141(c) of this title may not be exempted as a manu30 facturer under paragraph (1) for a motor vehicle that the importer—

31 (A) imports; or

32 (B) brings into compliance with applicable motor vehicle safety

33 standards prescribed under chapter 301 of this title for an individual

34 under section 30142 of this title.

35 (4) The Secretary of Transportation may prescribe the contents of an ap36 plication for an exemption.

37 (e) EMERGENCY VEHICLES.—(1) In this subsection, ‘‘emergency vehicle’’

38 means an automobile manufactured primarily for use—

39 (A) as an ambulance or combination ambulance-hearse;

40 (B) by the United States Government or a State or local government

41 for law enforcement; or
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1 (C) for other emergency uses prescribed by regulation by the Sec2 retary of Transportation.

3 (2) A manufacturer may elect to have the fuel economy of an emergency

4 vehicle excluded in applying a fuel economy standard under subsection (a),

5 (b), (c), or (d) of this section. The election is made by providing written

6 notice to the Secretary of Transportation and to the Administrator of the

7 Environmental Protection Agency.

8 (f) CONSIDERATIONS ON DECISIONS ON MAXIMUM FEASIBLE AVERAGE

9 FUEL ECONOMY.—When deciding maximum feasible average fuel economy

10 under this section, the Secretary of Transportation shall consider techno11 logical feasibility, economic practicability, the effect of other motor vehicle

12 standards of the Government on fuel economy, and the need of the United

13 States to conserve energy.

14 (g) REQUIREMENTS FOR OTHER AMENDMENTS.—(1) The Secretary of

15 Transportation may prescribe regulations amending an average fuel econ16 omy standard prescribed under subsection (a) or (d) of this section if the

17 amended standard meets the requirements of subsection (a) or (d), as ap18 propriate.

19 (2) When the Secretary of Transportation prescribes an amendment

20 under this section that makes an average fuel economy standard more strin21 gent, the Secretary shall prescribe the amendment (and submit the amend22 ment to Congress when required under subsection (c)(2) of this section) at

23 least 18 months before the beginning of the model year to which the amend24 ment applies.

25 (h) LIMITATIONS.—In carrying out subsections (c), (f), and (g) of this

26 section, the Secretary of Transportation—

27 (1) may not consider the fuel economy of dedicated automobiles; and

28 (2) shall consider dual fueled automobiles to be operated only on gas29 oline or diesel fuel.

30 (i) CONSULTATION.—The Secretary of Transportation shall consult with

31 the Secretary of Energy in carrying out this section and section 32903 of

32 this title.

33 (j) SECRETARY OF ENERGY COMMENTS.—(1) Before issuing a notice pro34 posing to prescribe or amend an average fuel economy standard under sub35 section (a), (c), or (g) of this section, the Secretary of Transportation shall

36 give the Secretary of Energy at least 10 days from the receipt of the notice

37 during which the Secretary of Energy may, if the Secretary of Energy con38 cludes that the proposed standard would adversely affect the conservation

39 goals of the Secretary of Energy, provide written comments to the Secretary

40 of Transportation about the impact of the standard on those goals. To the

41 extent the Secretary of Transportation does not revise a proposed standard
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1 to take into account comments of the Secretary of Energy on any adverse

2 impact of the standard, the Secretary of Transportation shall include those

3 comments in the notice.

4 (2) Before taking final action on a standard or an exemption from a

5 standard under this section, the Secretary of Transportation shall notify the

6 Secretary of Energy and provide the Secretary of Energy a reasonable time

7 to comment.

8 § 32903. Credits for exceeding average fuel economy stand9 ards

10 (a) EARNING AND PERIOD FOR APPLYING CREDITS.—When the average

11 fuel economy of passenger automobiles manufactured by a manufacturer in

12 a particular model year exceeds an applicable average fuel economy stand13 ard under section 32902(b)–(d) of this title (determined by the Secretary

14 of Transportation without regard to credits under this section), the manu15 facturer earns credits. The credits may be applied to—

16 (1) any of the 3 consecutive model years immediately before the

17 model year for which the credits are earned; and

18 (2) to the extent not used under clause (1) of this subsection, any

19 of the 3 consecutive model years immediately after the model year for

20 which the credits are earned.

21 (b) PERIOD OF AVAILABILITY AND PLAN FOR FUTURE CREDITS.—(1)

22 Except as provided in paragraph (2) of this subsection, credits under this

23 section are available to a manufacturer at the end of the model year in

24 which earned.

25 (2)(A) Before the end of a model year, if a manufacturer has reason to

26 believe that its average fuel economy for passenger automobiles will be less

27 than the applicable standard for that model year, the manufacturer may

28 submit a plan to the Secretary of Transportation demonstrating that the

29 manufacturer will earn sufficient credits under this section within the next

30 3 model years to allow the manufacturer to meet that standard for the

31 model year involved. Unless the Secretary finds that the manufacturer is

32 unlikely to earn sufficient credits under the plan, the Secretary shall ap33 prove the plan. Those credits are available for the model year involved if—

34 (i) the Secretary approves the plan; and

35 (ii) the manufacturer earns those credits as provided by the plan.

36 (B) If the average fuel economy of a manufacturer is less than the appli37 cable standard under section 32902(b)–(d) of this title after applying credits

38 under subsection (a)(1) of this section, the Secretary of Transportation shall

39 notify the manufacturer and give the manufacturer a reasonable time (of

40 at least 60 days) to submit a plan.
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1 (c) DETERMINING NUMBER OF CREDITS.—The number of credits a man2 ufacturer earns under this section equals the product of—

3 (1) the number of tenths of a mile a gallon by which the average

4 fuel economy of the passenger automobiles manufactured by the manu5 facturer in the model year in which the credits are earned exceeds the

6 applicable average fuel economy standard under section 32902(b)–(d)

7 of this title; times

8 (2) the number of passenger automobiles manufactured by the man9 ufacturer during that model year.

10 (d) APPLYING CREDITS FOR PASSENGER AUTOMOBILES.—The Secretary

11 of Transportation shall apply credits to a model year on the basis of the

12 number of tenths of a mile a gallon by which the manufacturer involved was

13 below the applicable average fuel economy standard for that model year and

14 the number of passenger automobiles manufactured that model year by the

15 manufacturer. Credits applied to a model year are no longer available for

16 another model year. Before applying credits, the Secretary shall give the

17 manufacturer written notice and reasonable opportunity to comment.

18 (e) APPLYING CREDITS FOR NON-PASSENGER AUTOMOBILES.—Credits

19 for a manufacturer of automobiles that are not passenger automobiles are

20 earned and applied to a model year in which the average fuel economy of

21 that class of automobiles is below the applicable average fuel economy

22 standard under section 32902(a) of this title, to the same extent and in the

23 same way as provided in this section for passenger automobiles.

24 (f) REFUND OF COLLECTED PENALTY.—When a civil penalty has been

25 collected under this chapter from a manufacturer that has earned credits

26 under this section, the Secretary of the Treasury shall refund to the manu27 facturer the amount of the penalty to the extent the penalty is attributable

28 to credits available under this section.

29 § 32904. Calculation of average fuel economy

30 (a) METHOD OF CALCULATION.—(1) The Administrator of the Environ31 mental Protection Agency shall calculate the average fuel economy of a

32 manufacturer subject to—

33 (A) section 32902(a) of this title in a way prescribed by the Admin34 istrator; and

35 (B) section 32902(b)–(d) of this title by dividing—

36 (i) the number of passenger automobiles manufactured by the

37 manufacturer in a model year; by

38 (ii) the sum of the fractions obtained by dividing the number

39 of passenger automobiles of each model manufactured by the man40 ufacturer in that model year by the fuel economy measured for

41 that model.
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1 (2)(A) In this paragraph, ‘‘electric vehicle’’ means a vehicle powered pri2 marily by an electric motor drawing electrical current from a portable

3 source.

4 (B) If a manufacturer manufactures an electric vehicle, the Administrator

5 shall include in the calculation of average fuel economy under paragraph (1)

6 of this subsection equivalent petroleum based fuel economy values deter7 mined by the Secretary of Energy for various classes of electric vehicles.

8 The Secretary shall review those values each year and determine and pro9 pose necessary revisions based on the following factors:

10 (i) the approximate electrical energy efficiency of the vehicle, consid11 ering the kind of vehicle and the mission and weight of the vehicle.

12 (ii) the national average electrical generation and transmission effi13 ciencies.

14 (iii) the need of the United States to conserve all forms of energy

15 and the relative scarcity and value to the United States of all fuel used

16 to generate electricity.

17 (iv) the specific patterns of use of electric vehicles compared to pe18 troleum-fueled vehicles.

19 (b) SEPARATE CALCULATIONS FOR PASSENGER AUTOMOBILES MANU20 FACTURED DOMESTICALLY AND NOT DOMESTICALLY.—(1) In this sub21 section—

22 (A) a passenger automobile is deemed to be manufactured domesti23 cally in a model year if at least 75 percent of the cost to the manufac24 turer is attributable to value added in the United States or Canada,

25 unless the assembly of the automobile is completed in Canada and the

26 automobile is imported into the United States more than 30 days after

27 the end of the model year; and

28 (B) the fuel economy of a passenger automobile that is not manufac29 tured domestically is deemed to be equal to the average fuel economy

30 of all passenger automobiles manufactured by the same manufacturer

31 that are not manufactured domestically.

32 (2)(A) Except as provided in paragraphs (4) and (5) of this subsection,

33 the Administrator shall make separate calculations under subsection

34 (a)(1)(B) of this section for—

35 (i) passenger automobiles manufactured domestically by a manufac36 turer (or included in this category under paragraph (3) of this sub37 section); and

38 (ii) passenger automobiles not manufactured domestically by that

39 manufacturer (or excluded from this category under paragraph (3) of

40 this subsection).
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1 (B) Passenger automobiles described in subparagraph (A)(i) and (ii) of

2 this paragraph are deemed to be manufactured by separate manufacturers

3 under this chapter.

4 (3)(A) A manufacturer may submit to the Secretary of Transportation for

5 approval a plan, including supporting material, stating the actions and the

6 deadlines for taking the actions, that will ensure that the model or models

7 referred to in subparagraph (B) of this paragraph will be manufactured do8 mestically before the end of the 4th model year covered by the plan. The

9 Secretary promptly shall consider and act on the plan. The Secretary shall

10 approve the plan unless—

11 (i) the Secretary finds that the plan is inadequate to meet the re12 quirements of this paragraph; or

13 (ii) the manufacturer previously has submitted a plan approved by

14 the Secretary under this paragraph.

15 (B) If the plan is approved, the Administrator shall include under para16 graph (2)(A)(i) and exclude under paragraph (2)(A)(ii) of this subsection,

17 for each of the 4 model years covered by the plan, not more than 150,000

18 passenger automobiles manufactured by that manufacturer but not qualify19 ing as domestically manufactured if—

20 (i) the model or models involved previously have not been manufac21 tured domestically;

22 (ii) at least 50 percent of the cost to the manufacturer of each of

23 the automobiles is attributable to value added in the United States or

24 Canada;

25 (iii) the automobiles, if their assembly was completed in Canada, are

26 imported into the United States not later than 30 days after the end

27 of the model year; and

28 (iv) the model or models are manufactured domestically before the

29 end of the 4th model year covered by the plan.

30 (4)(A) A manufacturer may file with the Secretary of Transportation a

31 petition for an exemption from the requirement of separate calculations

32 under paragraph (2)(A) of this subsection if the manufacturer began auto33 mobile production or assembly in the United States—

34 (i) after December 22, 1975, and before May 1, 1980; or

35 (ii) after April 30, 1980, if the manufacturer has engaged in the pro36 duction or assembly in the United States for at least one model year

37 ending before January 1, 1986.

38 (B) The Secretary of Transportation shall grant the exemption unless the

39 Secretary finds that the exemption would result in reduced employment in

40 the United States related to motor vehicle manufacturing during the period

41 of the exemption. An exemption under this paragraph is effective for 5
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1 model years or, if requested by the manufacturer, a longer period provided

2 by the Secretary in the order granting the exemption. The exemption applies

3 to passenger automobiles manufactured by that manufacturer during the pe4 riod of the exemption.

5 (C) Before granting an exemption, the Secretary of Transportation shall

6 provide notice of, and reasonable opportunity for, written or oral comment

7 about the petition. The period for comment shall end not later than 60 days

8 after the petition is filed, except that the Secretary may extend the period

9 for not more than another 30 days. The Secretary shall decide whether to

10 grant or deny the exemption, and publish notice of the decision in the Fed11 eral Register, not later than 90 days after the petition is filed, except that

12 the Secretary may extend the time for decision to a later date (not later

13 than 150 days after the petition is filed) if the Secretary publishes notice

14 of, and reasons for, the extension in the Federal Register. If the Secretary

15 does not make a decision within the time provided in this subparagraph, the

16 petition is deemed to have been granted. Not later than 30 days after the

17 end of the decision period, the Secretary shall submit a written statement

18 of the reasons for not making a decision to the Committee on Commerce,

19 Science, and Transportation of the Senate and the Committee on Energy

20 and Commerce of the House of Representatives.

21 (5)(A) A person adversely affected by a decision of the Secretary of

22 Transportation granting or denying an exemption may file, not later than

23 30 days after publication of the notice of the decision, a petition for review

24 in the United States Court of Appeals for the District of Columbia Circuit.

25 That court has exclusive jurisdiction to review the decision and to affirm,

26 remand, or set aside the decision under section 706(2)(A)–(D) of title 5.

27 (B) A judgment of the court under this subparagraph may be reviewed

28 by the Supreme Court under section 1254 of title 28. Application for review

29 by the Supreme Court must be made not later than 30 days after entry

30 of the court’s judgment.

31 (C) A decision of the Secretary of Transportation on a petition for an

32 exemption under this paragraph may be reviewed administratively or judi33 cially only as provided in this paragraph.

34 (6) Notwithstanding section 32903 of this title, during a model year when

35 an exemption under this paragraph is effective for a manufacturer—

36 (A) credit may not be earned under section 32903(a) of this title by

37 the manufacturer; and

38 (B) credit may not be made available under section 32903(b)(2) of

39 this title for the manufacturer.

40 (c) TESTING AND CALCULATION PROCEDURES.—The Administrator shall

41 measure fuel economy for each model and calculate average fuel economy
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1 for a manufacturer under testing and calculation procedures prescribed by

2 the Administrator. However, except under section 32908 of this title, the

3 Administrator shall use the same procedures for passenger automobiles the

4 Administrator used for model year 1975 (weighted 55 percent urban cycle

5 and 45 percent highway cycle), or procedures that give comparable results.

6 A measurement of fuel economy or a calculation of average fuel economy

7 (except under section 32908) shall be rounded off to the nearest .1 of a

8 mile a gallon. The Administrator shall decide on the quantity of other fuel

9 that is equivalent to one gallon of gasoline. To the extent practicable, fuel

10 economy tests shall be carried out with emissions tests under section 206

11 of the Clean Air Act (42 U.S.C. 7525).

12 (d) EFFECTIVE DATE OF PROCEDURE OR AMENDMENT.—The Adminis13 trator shall prescribe a procedure under this section, or an amendment (ex14 cept a technical or clerical amendment) in a procedure, at least 12 months

15 before the beginning of the model year to which the procedure or amend16 ment applies.

17 (e) REPORTS AND CONSULTATION.—The Administrator shall report

18 measurements and calculations under this section to the Secretary of Trans19 portation and shall consult and coordinate with the Secretary in carrying

20 out this section.

21 § 32905. Manufacturing incentives for alternative fuel auto22 mobiles

23 (a) DEDICATED AUTOMOBILES.—Except as provided in subsection (c) of

24 this section or section 32904(a)(2) of this title, for any model of dedicated

25 automobile manufactured by a manufacturer after model year 1992, the fuel

26 economy measured for that model shall be based on the fuel content of the

27 alternative fuel used to operate the automobile. A gallon of a liquid alter28 native fuel used to operate a dedicated automobile is deemed to contain .15

29 gallon of fuel.

30 (b) DUAL FUELED AUTOMOBILES.—Except as provided in subsection (d)

31 of this section or section 32904(a)(2) of this title, for any model of dual

32 fueled automobile manufactured by a manufacturer in model years 1993–

33 2004, the Administrator of the Environmental Protection Agency shall

34 measure the fuel economy for that model by dividing 1.0 by the sum of—

35 (1) .5 divided by the fuel economy measured under section 32904(c)

36 of this title when operating the model on gasoline or diesel fuel; and

37 (2) .5 divided by the fuel economy measured under subsection (a)

38 of this section when operating the model on alternative fuel.

39 (c) GASEOUS FUEL DEDICATED AUTOMOBILES.—For any model of gase40 ous fuel dedicated automobile manufactured by a manufacturer after model

41 year 1992, the Administrator shall measure the fuel economy for that model
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1 based on the fuel content of the gaseous fuel used to operate the auto2 mobile. One hundred cubic feet of natural gas is deemed to contain .823

3 gallon equivalent of natural gas. The Secretary of Transportation shall de4 termine the appropriate gallon equivalent of other gaseous fuels. A gallon

5 equivalent of gaseous fuel is deemed to have a fuel content of .15 gallon

6 of fuel.

7 (d) GASEOUS FUEL DUAL FUELED AUTOMOBILES.—For any model of

8 gaseous fuel dual fueled automobile manufactured by a manufacturer in

9 model years 1993–2004, the Administrator shall measure the fuel economy

10 for that model by dividing 1.0 by the sum of—

11 (1) .5 divided by the fuel economy measured under section 32904(c)

12 of this title when operating the model on gasoline or diesel fuel; and

13 (2) .5 divided by the fuel economy measured under subsection (c) of

14 this section when operating the model on gaseous fuel.

15 (e) FUEL ECONOMY CALCULATIONS.—The Administrator shall calculate

16 the manufacturer’s average fuel economy under section 32904(a)(1) of this

17 title for each model described under subsections (a)–(d) of this section by

18 using as the denominator the fuel economy measured for each model under

19 subsections (a)–(d).

20 (f) EXTENDING APPLICATION OF SUBSECTIONS (b) AND (d).—Not later

21 than December 31, 2001, the Secretary of Transportation shall—

22 (1) extend by regulation the application of subsections (b) and (d)

23 of this section for not more than 4 consecutive model years immediately

24 after model year 2004 and explain the basis on which the extension is

25 granted; or

26 (2) publish a notice explaining the reasons for not extending the ap27 plication of subsections (b) and (d) of this section.

28 (g) STUDY AND REPORT.—Not later than September 30, 2000, the Sec29 retary of Transportation, in consultation with the Secretary of Energy and

30 the Administrator, shall complete a study of the success of the policy of sub31 sections (b) and (d) of this title, and submit to the Committees on Com32 merce, Science, and Transportation and Governmental Affairs of the Senate

33 and the Committee on Energy and Commerce of the House of Representa34 tives a report on the results of the study, including preliminary conclusions

35 on whether the application of subsections (b) and (d) should be extended

36 for up to 4 more model years. The study and conclusions shall consider—

37 (1) the availability to the public of alternative fueled automobiles and

38 alternative fuel;

39 (2) energy conservation and security;

40 (3) environmental considerations; and

41 (4) other relevant factors.
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1 § 32906. Maximum fuel economy increase for alternative fuel

2 automobiles

3 (a) MAXIMUM INCREASES.—(1)(A) For each of the model years 1993–

4 2004 for each category of automobile (except an electric automobile), the

5 maximum increase in average fuel economy for a manufacturer attributable

6 to dual fueled automobiles is 1.2 miles a gallon.

7 (B) If the application of section 32905(b) and (d) of this title is extended

8 under section 32905(f) of this title, for each category of automobile (except

9 an electric automobile) the maximum increase in average fuel economy for

10 a manufacturer for each of the model years 2005–2008 attributable to dual

11 fueled automobiles is .9 mile a gallon.

12 (2) In applying paragraph (1) of this subsection, the Administrator of the

13 Environmental Protection Agency shall determine the increase in a manu14 facturer’s average fuel economy attributable to dual fueled automobiles by

15 subtracting from the manufacturer’s average fuel economy calculated under

16 section 32905(e) of this title the number equal to what the manufacturer’s

17 average fuel economy would be if it were calculated by the formula in sec18 tion 32904(a)(1) of this title by including as the denominator for each

19 model of dual fueled automobile the fuel economy when the automobiles are

20 operated on gasoline or diesel fuel. If the increase attributable to dual fueled

21 automobiles for any model year described—

22 (A) in paragraph (1)(A) of this subsection is more than 1.2 miles

23 a gallon, the limitation in paragraph (1)(A) applies; and

24 (B) in paragraph (1)(B) of this subsection is more than .9 mile a

25 gallon, the limitation in paragraph (1)(B) applies.

26 (b) OFFSETS.—Notwithstanding this section and sections 32901(c) and

27 32905 of this title, if the Secretary of Transportation reduces the average

28 fuel economy standard for passenger automobiles for any model year below

29 27.5 miles a gallon, an increase in average fuel economy for passenger auto30 mobiles of more than .7 mile a gallon to which a manufacturer of dual

31 fueled automobiles would otherwise be entitled is reduced by an amount

32 equal to the amount of the reduction in the standard. However, the increase

33 may not be reduced to less than .7 mile a gallon.

34 § 32907. Reports and tests of manufacturers

35 (a) MANUFACTURER REPORTS.—(1) A manufacturer shall report to the

36 Secretary of Transportation on—

37 (A) whether the manufacturer will comply with an applicable average

38 fuel economy standard under section 32902 of this title for the model

39 year for which the report is made;

40 (B) the actions the manufacturer has taken or intends to take to

41 comply with the standard; and
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1 (C) other information the Secretary requires by regulation.

2 (2) A manufacturer shall submit a report under paragraph (1) of this

3 subsection during the 30 days—

4 (A) before the beginning of each model year; and

5 (B) beginning on the 180th day of the model year.

6 (3) When a manufacturer decides that actions reported under paragraph

7 (1)(B) of this subsection are not sufficient to ensure compliance with that

8 standard, the manufacturer shall report to the Secretary additional actions

9 the manufacturer intends to take to comply with the standard and include

10 a statement about whether those actions are sufficient to ensure compliance.

11 (4) This subsection does not apply to a manufacturer for a model year

12 for which the manufacturer is subject to an alternative average fuel econ13 omy standard under section 32902(d) of this title.

14 (b) RECORDS, REPORTS, TESTS, INFORMATION, AND INSPECTION.—(1)

15 Under regulations prescribed by the Secretary or the Administrator of the

16 Environmental Protection Agency to carry out this chapter, a manufacturer

17 shall keep records, make reports, conduct tests, and provide items and infor18 mation. On request and display of proper credentials, an officer or employee

19 designated by the Secretary or Administrator may inspect automobiles and

20 records of the manufacturer. An inspection shall be made at a reasonable

21 time and in a reasonable way.

22 (2) The district courts of the United States may—

23 (A) issue an order enforcing a requirement or request under para24 graph (1) of this subsection; and

25 (B) punish a failure to obey the order as a contempt of court.

26 § 32908. Fuel economy information

27 (a) DEFINITIONS.—In this section—

28 (1) ‘‘automobile’’ includes an automobile rated at not more than

29 8,500 pounds gross vehicle weight regardless of whether the Secretary

30 of Transportation has applied this chapter to the automobile under sec31 tion 32901(a)(3)(B) of this title.

32 (2) ‘‘dealer’’ means a person residing or located in a State, the Dis33 trict of Columbia, or a territory or possession of the United States, and

34 engaged in the sale or distribution of new automobiles to the first per35 son (except a dealer buying as a dealer) that buys the automobile in

36 good faith other than for resale.

37 (b) LABELING REQUIREMENTS AND CONTENTS.—(1) Under regulations

38 of the Administrator of the Environmental Protection Agency, a manufac39 turer of automobiles shall attach a label to a prominent place on each auto40 mobile manufactured in a model year. The dealer shall maintain the label.

41 The label shall contain the following information:
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1 (A) the fuel economy of the automobile.

2 (B) the estimated annual fuel cost of operating the automobile.

3 (C) the range of fuel economy of comparable automobiles of all man4 ufacturers.

5 (D) a statement that a booklet is available from the dealer to assist

6 in making a comparison of fuel economy of other automobiles manufac7 tured by all manufacturers in that model year.

8 (E) the amount of the automobile fuel efficiency tax imposed on the

9 sale of the automobile under section 4064 of the Internal Revenue Code

10 of 1986 (26 U.S.C. 4064).

11 (F) other information required or authorized by the Administrator

12 that is related to the information required by clauses (A)–(D) of this

13 paragraph.

14 (2) The Administrator may allow a manufacturer to comply with this sub15 section by—

16 (A) disclosing the information on the label required under section 3

17 of the Automobile Information Disclosure Act (15 U.S.C. 1232); and

18 (B) including the statement required by paragraph (1)(E) of this

19 subsection at a time and in a way that takes into account special cir20 cumstances or characteristics.

21 (3) For dedicated automobiles manufactured after model year 1992, the

22 fuel economy of those automobiles under paragraph (1)(A) of this sub23 section is the fuel economy for those automobiles when operated on alter24 native fuel, measured under section 32905(a) or (c) of this title, multiplied

25 by .15. Each label required under paragraph (1) of this subsection for dual

26 fueled automobiles shall—

27 (A) indicate the fuel economy of the automobile when operated on

28 gasoline or diesel fuel;

29 (B) clearly identify the automobile as a dual fueled automobile;

30 (C) clearly identify the fuels on which the automobile may be oper31 ated; and

32 (D) contain a statement informing the consumer that the additional

33 information required by subsection (c)(2) of this section is published

34 and distributed by the Secretary of Energy.

35 (c) FUEL ECONOMY INFORMATION BOOKLET.—(1) The Administrator

36 shall prepare the booklet referred to in subsection (b)(1)(D) of this section.

37 The booklet—

38 (A) shall be simple and readily understandable;

39 (B) shall contain information on fuel economy and estimated annual

40 fuel costs of operating automobiles manufactured in each model year;

41 and
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1 (C) may contain information on geographical or other differences in

2 estimated annual fuel costs.

3 (2)(A) For dual fueled automobiles manufactured after model year 1992,

4 the booklet published under paragraph (1) shall contain additional informa5 tion on—

6 (i) the energy efficiency and cost of operation of those automobiles

7 when operated on gasoline or diesel fuel as compared to those auto8 mobiles when operated on alternative fuel; and

9 (ii) the driving range of those automobiles when operated on gasoline

10 or diesel fuel as compared to those automobiles when operated on alter11 native fuel.

12 (B) For dual fueled automobiles, the booklet published under paragraph

13 (1) also shall contain—

14 (i) information on the miles a gallon achieved by the automobiles

15 when operated on alternative fuel; and

16 (ii) a statement explaining how the information made available under

17 this paragraph can be expected to change when the automobile is oper18 ated on mixtures of alternative fuel and gasoline or diesel fuel.

19 (3) The Secretary of Energy shall publish and distribute the booklet. The

20 Administrator shall prescribe regulations requiring dealers to make the

21 booklet available to prospective buyers.

22 (d) DISCLOSURE.—A disclosure about fuel economy or estimated annual

23 fuel costs under this section does not establish a warranty under a law of

24 the United States or a State.

25 (e) VIOLATIONS.—A violation of subsection (b) of this section is—

26 (1) a violation of section 3 of the Automobile Information Disclosure

27 Act (15 U.S.C. 1232); and

28 (2) an unfair or deceptive act or practice in or affecting commerce

29 under the Federal Trade Commission Act (15 U.S.C. 41 et seq.), ex30 cept sections 5(m) and 18 (15 U.S.C. 45(m), 57a).

31 (f) CONSULTATION.—The Administrator shall consult with the Federal

32 Trade Commission and the Secretaries of Transportation and Energy in

33 carrying out this section.

34 § 32909. Judicial review of regulations

35 (a) FILING AND VENUE.—(1) A person that may be adversely affected

36 by a regulation prescribed in carrying out section 32901–32904 or 32908

37 of this title may apply for review of the regulation by filing a petition for

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

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

40 which the person resides or has its principal place of business.
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1 (2) A person adversely affected by a regulation prescribed under section

2 32912(c)(1) of this title may apply for review of the regulation by filing a

3 petition for review in the court of appeals of the United States for the cir4 cuit in which the person resides or has its principal place of business.

5 (b) TIME FOR FILING AND JUDICIAL PROCEDURES.—The petition must

6 be filed not later than 59 days after the regulation is prescribed, except that

7 a petition for review of a regulation prescribing an amendment of a stand8 ard submitted to Congress under section 32902(c)(2) of this title must be

9 filed not later than 59 days after the end of the 60-day period referred to

10 in section 32902(c)(2). The clerk of the court shall send immediately a copy

11 of the petition to the Secretary of Transportation or the Administrator of

12 the Environmental Protection Agency, whoever prescribed the regulation.

13 The Secretary or the Administrator shall file with the court a record of the

14 proceeding in which the regulation was prescribed.

15 (c) ADDITIONAL PROCEEDINGS.—(1) When reviewing a regulation under

16 subsection (a)(1) of this section, the court, on request of the petitioner, may

17 order the Secretary or the Administrator to receive additional submissions

18 if the court is satisfied the additional submissions are material and there

19 were reasonable grounds for not presenting the submissions in the proceed20 ing before the Secretary or Administrator.

21 (2) The Secretary or the Administrator may amend or set aside the regu22 lation, or prescribe a new regulation because of the additional submissions

23 presented. The Secretary or Administrator shall file an amended or new reg24 ulation and the additional submissions with the court. The court shall re25 view a changed or new regulation.

26 (d) SUPREME COURT REVIEW AND ADDITIONAL REMEDIES.—A judg27 ment of a court under this section may be reviewed only by the Supreme

28 Court under section 1254 of title 28. A remedy under subsections (a)(1)

29 and (c) of this section is in addition to any other remedies provided by law.

30 § 32910. Administrative

31 (a) GENERAL POWERS.—(1) In carrying out this chapter, the Secretary

32 of Transportation or the Administrator of the Environmental Protection

33 Agency may—

34 (A) inspect and copy records of any person at reasonable times;

35 (B) order a person to file written reports or answers to specific ques36 tions, including reports or answers under oath; and

37 (C) conduct hearings, administer oaths, take testimony, and subpena

38 witnesses and records the Secretary or Administrator considers advis39 able.
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1 (2) A witness summoned under paragraph (1)(C) of this subsection is en2 titled to the same fee and mileage the witness would have been paid in a

3 court of the United States.

4 (b) CIVIL ACTIONS TO ENFORCE.—A civil action to enforce a subpena

5 or order of the Secretary or Administrator under subsection (a) of this sec6 tion may be brought in the district court of the United States for the judi7 cial district in which the proceeding by the Secretary or Administrator was

8 conducted. The court may punish a failure to obey an order of the court

9 to comply with the subpena or order of the Secretary or Administrator as

10 a contempt of court.

11 (c) DISCLOSURE OF INFORMATION.—The Secretary and the Adminis12 trator each shall disclose information obtained under this chapter (except

13 information obtained under section 32904(c) of this title) under section 552

14 of title 5. However, the Secretary or Administrator may withhold informa15 tion under section 552(b)(4) of title 5 only if the Secretary or Administrator

16 decides that disclosure of the information would cause significant competi17 tive damage. A matter referred to in section 552(b)(4) and relevant to an

18 administrative or judicial proceeding under this chapter may be disclosed in

19 that proceeding. A measurement or calculation under section 32904(c) of

20 this title shall be disclosed under section 552 of title 5 without regard to

21 section 552(b).

22 (d) REGULATIONS.—The Administrator may prescribe regulations to

23 carry out duties of the Administrator under this chapter.

24 § 32911. Compliance

25 (a) GENERAL.—A person commits a violation if the person fails to comply

26 with this chapter and regulations and standards prescribed and orders is27 sued under this chapter (except sections 32902, 32903, 32908(b), and

28 32917(b) and regulations and standards prescribed and orders issued under

29 those sections). The Secretary of Transportation shall conduct a proceeding,

30 with an opportunity for a hearing on the record, to decide whether a person

31 has committed a violation. Any interested person may participate in a pro32 ceeding under this subsection.

33 (b) AUTOMOBILE MANUFACTURERS.—A manufacturer of automobiles

34 commits a violation if the manufacturer fails to comply with an applicable

35 average fuel economy standard under section 32902 of this title. Compliance

36 is determined after considering credits available to the manufacturer under

37 section 32903 of this title. If average fuel economy calculations under sec38 tion 32904(c) of this title indicate that a manufacturer has violated this

39 subsection, the Secretary shall conduct a proceeding, with an opportunity

40 for a hearing on the record, to decide whether a violation has been commit41 ted. The Secretary may not conduct the proceeding if further measurements
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1 of fuel economy, further calculations of average fuel economy, or other in2 formation indicates a violation has not been committed. The results of the

3 measurements and calculations and the information shall be published in

4 the Federal Register. Any interested person may participate in a proceeding

5 under this subsection.

6 § 32912. Civil penalties

7 (a) GENERAL PENALTY.—A person that violates section 32911(a) of this

8 title is liable to the United States Government for a civil penalty of not

9 more than $10,000 for each violation. A separate violation occurs for each

10 day the violation continues.

11 (b) PENALTY FOR MANUFACTURER VIOLATIONS OF FUEL ECONOMY

12 STANDARDS.—Except as provided in subsection (c) of this section, a manu13 facturer that violates a standard prescribed for a model year under section

14 32902 of this title is liable to the Government for a civil penalty of $5 mul15 tiplied by each .1 of a mile a gallon by which the applicable average fuel

16 economy standard under that section exceeds the average fuel economy—

17 (1) calculated under section 32904(a)(1)(A) or (B) of this title for

18 automobiles to which the standard applies manufactured by the manu19 facturer during the model year;

20 (2) multiplied by the number of those automobiles; and

21 (3) reduced by the credits available to the manufacturer under sec22 tion 32903 of this title for the model year.

23 (c) HIGHER PENALTY AMOUNTS.—(1)(A) The Secretary of Transpor24 tation shall prescribe by regulation a higher amount for each .1 of a mile

25 a gallon to be used in calculating a civil penalty under subsection (b) of this

26 section, if the Secretary decides that the increase in the penalty—

27 (i) will result in, or substantially further, substantial energy con28 servation for automobiles in model years in which the increased penalty

29 may be imposed; and

30 (ii) will not have a substantial deleterious impact on the economy of

31 the United States, a State, or a region of a State.

32 (B) The amount prescribed under subparagraph (A) of this paragraph

33 may not be more than $10 for each .1 of a mile a gallon.

34 (C) The Secretary may make a decision under subparagraph (A)(ii) of

35 this paragraph only when the Secretary decides that it is likely that the in36 crease in the penalty will not—

37 (i) cause a significant increase in unemployment in a State or a re38 gion of a State;

39 (ii) adversely affect competition; or

40 (iii) cause a significant increase in automobile imports.
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1 (D) A higher amount prescribed under subparagraph (A) of this para2 graph is effective for the model year beginning at least 18 months after the

3 regulation stating the higher amount becomes final.

4 (2) The Secretary shall publish in the Federal Register a proposed regu5 lation under this subsection and a statement of the basis for the regulation

6 and provide each manufacturer of automobiles a copy of the proposed regu7 lation and the statement. The Secretary shall provide a period of at least

8 45 days for written public comments on the proposed regulation. The Sec9 retary shall submit a copy of the proposed regulation to the Federal Trade

10 Commission and request the Commission to comment on the proposed regu11 lation within that period. After that period, the Secretary shall give inter12 ested persons and the Commission an opportunity at a public hearing to

13 present oral information, views, and arguments and to direct questions

14 about disputed issues of material fact to—

15 (A) other interested persons making oral presentations;

16 (B) employees and contractors of the Government that made written

17 comments or an oral presentation or participated in the development

18 or consideration of the proposed regulation; and

19 (C) experts and consultants that provided information to a person

20 that the person includes, or refers to, in an oral presentation.

21 (3) The Secretary may restrict the questions of an interested person and

22 the Commission when the Secretary decides that the questions are duplica23 tive or not likely to result in a timely and effective resolution of the issues.

24 A transcript shall be kept of a public hearing under this subsection. A copy

25 of the transcript and written comments shall be available to the public at

26 the cost of reproduction.

27 (4) The Secretary shall publish a regulation prescribed under this sub28 section in the Federal Register with the decisions required under paragraph

29 (1) of this subsection.

30 (5) An officer or employee of a department, agency, or instrumentality

31 of the Government violates section 1905 of title 18 by disclosing, except in

32 an in camera proceeding by the Secretary or a court, information—

33 (A) provided to the Secretary or the court during consideration or

34 review of a regulation prescribed under this subsection; and

35 (B) decided by the Secretary to be confidential under section 11(d)

36 of the Energy Supply and Environmental Coordination Act of 1974 (15

37 U.S.C. 796(d)).

38 (d) WRITTEN NOTICE REQUIREMENT.—The Secretary shall impose a

39 penalty under this section by written notice.
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1 § 32913. Compromising and remitting civil penalties

2 (a) GENERAL AUTHORITY AND LIMITATIONS.—The Secretary of Trans3 portation may compromise or remit the amount of a civil penalty imposed

4 under section 32912(a) or (b) of this title. However, the amount of a pen5 alty imposed under section 32912(b) may be compromised or remitted only

6 to the extent—

7 (1) necessary to prevent the insolvency or bankruptcy of the manu8 facturer of automobiles;

9 (2) the manufacturer shows that the violation was caused by an act

10 of God, a strike, or a fire; or

11 (3) the Federal Trade Commission certifies under subsection (b)(1)

12 of this section that a reduction in the penalty is necessary to prevent

13 a substantial lessening of competition.

14 (b) PENALTY REDUCTION BY COMMISSION.—(1) A manufacturer liable

15 for a civil penalty under section 32912(b) of this title may apply to the

16 Commission for a certification that the penalty should be reduced to prevent

17 a substantial lessening of competition in the segment of the motor vehicle

18 industry subject to the standard that was violated. The Commission shall

19 make the certification when it finds that reduction is necessary to prevent

20 the lessening. The Commission shall state in the certification the maximum

21 amount by which the penalty may be reduced.

22 (2) An application under this subsection must be made not later than 30

23 days after the Secretary decides that the manufacturer has violated section

24 32911(b) of this title. To the maximum extent practicable, the Commission

25 shall make a decision on an application by the 90th day after the applica26 tion is filed. A proceeding under this subsection may not delay the manufac27 turer’s liability for the penalty for more than 90 days after the application

28 is filed.

29 (3) When a civil penalty is collected in a civil action under this chapter

30 before a decision of the Commission under this subsection is final, the pay31 ment shall be paid to the court in which the action was brought. The court

32 shall deposit the payment in the general fund of the Treasury on the 90th

33 day after the decision of the Commission becomes final. When the court is

34 holding payment of a penalty reduced under subsection (a)(3) of this sec35 tion, the Secretary shall direct the court to remit the appropriate amount

36 of the penalty to the manufacturer.

37 § 32914. Collecting civil penalties

38 (a) CIVIL ACTIONS.—If a person does not pay a civil penalty after it be39 comes a final order of the Secretary of Transportation or a judgment of

40 a court of appeals of the United States for a circuit, the Attorney General

41 shall bring a civil action in an appropriate district court of the United
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1 States to collect the penalty. The validity and appropriateness of the final

2 order imposing the penalty is not reviewable in the action.

3 (b) PRIORITY OF CLAIMS.—A claim of a creditor against a bankrupt or

4 insolvent manufacturer of automobiles has priority over a claim of the Unit5 ed States Government against the manufacturer for a civil penalty under

6 section 32912(b) of this title when the creditor’s claim is for credit extended

7 before a final judgment (without regard to section 32913(b)(1) and (2) of

8 this title) in an action to collect under subsection (a) of this section.

9 § 32915. Appealing civil penalties

10 Any interested person may appeal a decision of the Secretary of Trans11 portation to impose a civil penalty under section 32912(a) or (b) of this

12 title, or of the Federal Trade Commission under section 32913(b)(1) of this

13 title, in the United States Court of Appeals for the District of Columbia

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

15 which the person resides or has its principal place of business. A person ap16 pealing a decision must file a notice of appeal with the court not later than

17 30 days after the decision and, at the same time, send a copy of the notice

18 by certified mail to the Secretary or the Commission. The Secretary or the

19 Commission promptly shall file with the court a certified copy of the record

20 of the proceeding in which the decision was made.

21 § 32916. Reports to Congress

22 (a) ANNUAL REPORT.—Not later than January 15 of each year, the Sec23 retary of Transportation shall submit to each House of Congress, and pub24 lish in the Federal Register, a report on the review by the Secretary of aver25 age fuel economy standards prescribed under this chapter.

26 (b) JOINT EXAMINATIONS AFTER GRANTING EXEMPTIONS.—(1) After an

27 exemption has been granted under section 32904(b)(4) of this title, the Sec28 retaries of Transportation and Labor shall conduct annually a joint exam29 ination of the extent to which section 32904(b)(4)—

30 (A) achieves the purposes of this chapter;

31 (B) improves fuel efficiency (thereby facilitating conservation of pe32 troleum and reducing petroleum imports);

33 (C) has promoted employment in the United States related to auto34 mobile manufacturing;

35 (D) has not caused unreasonable harm to the automobile manufac36 turing sector in the United States; and

37 (E) has permitted manufacturers that have assembled passenger

38 automobiles deemed to be manufactured domestically under section

39 32904(b)(1)(A) of this title thereafter to assemble in the United States

40 passenger automobiles of the same model that have less than 75 per-
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1 cent of their value added in the United States or Canada, together with

2 the reasons.

3 (2) The Secretary of Transportation shall include the results of the exam4 ination under paragraph (1) of this subsection in each report submitted

5 under subsection (a) of this section more than 180 days after an exemption

6 has been granted under section 32904(b)(4) of this title, or submit the re7 sults of the examination directly to Congress before the report is submitted

8 when circumstances warrant.

9 § 32917. Standards for executive agency automobiles

10 (a) DEFINITION.—In this section, ‘‘executive agency’’ has the same mean11 ing given that term in section 105 of title 5.

12 (b) FLEET AVERAGE FUEL ECONOMY.—(1) The President shall prescribe

13 regulations that require passenger automobiles leased for at least 60 con14 secutive days or bought by executive agencies in a fiscal year to achieve a

15 fleet average fuel economy (determined under paragraph (2) of this sub16 section) for that year of at least the greater of—

17 (A) 18 miles a gallon; or

18 (B) the applicable average fuel economy standard under section

19 32902(b) or (c) of this title for the model year that includes January

20 1 of that fiscal year.

21 (2) Fleet average fuel economy is—

22 (A) the total number of passenger automobiles leased for at least 60

23 consecutive days or bought by executive agencies in a fiscal year (ex24 cept automobiles designed for combat-related missions, law enforcement

25 work, or emergency rescue work); divided by

26 (B) the sum of the fractions obtained by dividing the number of

27 automobiles of each model leased or bought by the fuel economy of that

28 model.

29 § 32918. Preemption

30 (a) GENERAL.—When an average fuel economy standard prescribed under

31 this chapter is in effect, a State or a political subdivision of a State may

32 not adopt or enforce a law or regulation related to fuel economy standards

33 or average fuel economy standards for automobiles covered by an average

34 fuel economy standard under this chapter.

35 (b) REQUIREMENTS MUST BE IDENTICAL.—When a requirement under

36 section 32908 of this title is in effect, a State or a political subdivision of

37 a State may adopt or enforce a law or regulation on disclosure of fuel econ38 omy or fuel operating costs for an automobile covered by section 32908 only

39 if the law or regulation is identical to that requirement.
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1 (c) STATE AND POLITICAL SUBDIVISION AUTOMOBILES.—A State or a

2 political subdivision of a State may prescribe requirements for fuel economy

3 for automobiles obtained for its own use.

4 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.

5 § 33101. Definitions

6 In this chapter—

7 (1) ‘‘chop shop’’ means a building, lot, facility, or other structure or

8 premise at which at least one person engages in receiving, concealing,

9 destroying, disassembling, dismantling, reassembling, or storing a pas10 senger motor vehicle or passenger motor vehicle part that has been un11 lawfully obtained—

12 (A) to alter, counterfeit, deface, destroy, disguise, falsify, forge,

13 obliterate, or remove the identity of the vehicle or part, including

14 the vehicle identification number or a derivative of that number;

15 and

16 (B) to distribute, sell, or dispose of the vehicle or part in inter17 state or foreign commerce.

18 (2) ‘‘covered major part’’ means a major part selected under sections

19 33102(c)(1) and 33104 of this title for coverage by the vehicle theft

20 prevention standard prescribed under section 33102 or 33103.

21 (3) ‘‘existing line’’ means a line introduced into commerce before

22 January 1, 1990.

23 (4) ‘‘first purchaser’’ means the person making the first purchase

24 other than for resale.

25 (5) ‘‘line’’ means a name that a manufacturer of motor vehicles ap26 plies to a group of motor vehicle models of the same make that have

27 the same body or chassis, or otherwise are similar in construction or

28 design.

29 (6) ‘‘major part’’ means—
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1 (A) the engine;

2 (B) the transmission;

3 (C) each door to the passenger compartment;

4 (D) the hood;

5 (E) the grille;

6 (F) each bumper;

7 (G) each front fender;

8 (H) the deck lid, tailgate, or hatchback;

9 (I) each rear quarter panel;

10 (J) the trunk floor pan;

11 (K) the frame or, for a unitized body, the supporting structure

12 serving as the frame; and

13 (L) any other part of a passenger motor vehicle that the Sec14 retary of Transportation by regulation specifies as comparable in

15 design or function to any of the parts listed in subclauses (A)–

16 (K) of this clause.

17 (7) ‘‘major replacement part’’ means a major part that is—

18 (A) an original major part in or on a completed motor vehicle

19 and customized or modified after manufacture of the vehicle but

20 before the time of its delivery to the first purchaser; or

21 (B) not installed in or on a motor vehicle at the time of its de22 livery to the first purchaser and the equitable or legal title to the

23 vehicle has not been transferred to a first purchaser.

24 (8) ‘‘model year’’ has the same meaning given that term in section

25 32901(a) of this title.

26 (9) ‘‘new line’’ means a line introduced into commerce after Decem27 ber 31, 1989.

28 (10) ‘‘passenger motor vehicle’’ includes a multipurpose passenger

29 vehicle or light duty truck when that vehicle or truck is rated at not

30 more than 6,000 pounds gross vehicle weight.

31 (11) ‘‘vehicle theft prevention standard’’ means a minimum perform32 ance standard for identifying major parts of new motor vehicles and

33 major replacement parts by inscribing or affixing numbers or symbols

34 on those parts.

35 § 33102. Theft prevention standard for high theft lines

36 (a) GENERAL.—(1) The Secretary of Transportation by regulation shall

37 prescribe a vehicle theft prevention standard that conforms to the require38 ments of this chapter. The standard shall apply to—

39 (A) covered major parts that manufacturers install in passenger

40 motor vehicles in lines designated under section 33104 of this title as

41 high theft lines; and
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1 (B) major replacement parts for the major parts described in clause

2 (A) of this paragraph.

3 (2) The standard may apply only to—

4 (A) major parts that manufacturers install in passenger motor vehi5 cles having a model year designation later than the calendar year in

6 which the standard takes effect; and

7 (B) major replacement parts manufactured after the standard takes

8 effect.

9 (b) STANDARD REQUIREMENTS.—The standard shall be practicable and

10 provide relevant objective criteria.

11 (c) LIMITATIONS ON MAJOR PART AND REPLACEMENT PART STAND12 ARDS.—(1) For a major part installed by the manufacturer of the motor

13 vehicle, the standard may not require a part to have more than one identi14 fication.

15 (2) For a major replacement part, the standard may not require—

16 (A) identification of a part not designed as a replacement for a

17 major part required to be identified under the standard; or

18 (B) the inscribing or affixing of identification except a symbol identi19 fying the manufacturer and a common symbol identifying the part as

20 a major replacement part.

21 (d) RECORDS AND REPORTS.—This chapter does not authorize the Sec22 retary to require a person to keep records or make reports, except as pro23 vided in sections 33104(c), 33106(c), 33108(a), and 33112 of this title.

24 § 33103. Theft prevention standard for other lines

25 (a) GENERAL.—Not later than October 25, 1994, the Secretary of Trans26 portation shall prescribe a vehicle theft standard that conforms to the re27 quirements of this chapter for covered major parts that manufacturers in28 stall in passenger motor vehicles (except light duty trucks) in not more than

29 50 percent of the lines not designated under section 33104 of this title as

30 high theft lines.

31 (b) EXTENSION OF APPLICATION.—(1) Not later than 3 years after the

32 standard is prescribed under subsection (a) of this section and based on the

33 finding of the Attorney General under subsection (c) of this section to apply

34 the standard, the Secretary shall apply that standard to covered major parts

35 and major replacement parts for covered parts that manufacturers install

36 in the lines of passenger motor vehicles (except light duty trucks)—

37 (A) not designated under section 33104 of this title as high theft

38 lines; and

39 (B) not covered by the standard prescribed under subsection (a) of

40 this section.
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1 (2) The Secretary shall include as part of the regulatory proceeding under

2 this subsection the finding of, and the record developed by, the Attorney

3 General under subsection (c) of this section.

4 (c) INITIAL REVIEW OF EFFECTIVENESS.—Before the Secretary begins a

5 regulatory proceeding under subsection (b) of this section, the Attorney

6 General shall make a finding that the Secretary shall apply the standard

7 prescribed under subsection (a) of this section unless the Attorney General

8 finds, based on information collected and analyzed under section 33112 of

9 this title and other information the Attorney General develops after provid10 ing notice and an opportunity for a public hearing, that applying the stand11 ard prescribed in subsection (a) to the remaining lines of passenger motor

12 vehicles (except light duty trucks) not covered by that standard would not

13 substantially inhibit chop shop operations and motor vehicle thefts. The At14 torney General also shall consider and include in the record additional costs,

15 effectiveness, competition, and available alternative factors. The Attorney

16 General shall submit to the Secretary the finding and record on which the

17 finding is based.

18 (d) LONG RANGE REVIEW OF EFFECTIVENESS.—(1) Not later than De19 cember 31, 1999, the Attorney General shall make separate findings, after

20 notice and an opportunity for a public hearing, on the following:

21 (A) whether the application of the standard under subsection (a) or

22 (b) of this subsection, or both, have been effective in substantially in23 hibiting the operation of chop shops and motor vehicle theft.

24 (B) whether the anti-theft devices for which the Secretary has grant25 ed exemptions under section 33106 of this title are an effective sub26 stitute for parts marking in substantially inhibiting motor vehicle theft.

27 (2)(A) In making the finding under paragraph (1)(A) of this subsection,

28 the Attorney General shall—

29 (i) consider the additional cost, competition, and available alter30 natives;

31 (ii) base that finding on information collected and analyzed under

32 section 33112 of this title;

33 (iii) consider the effectiveness, the extent of use, and the extent to

34 which civil and criminal penalties under section 33115(b) of this title

35 and section 2322 of title 18 on chop shops have been effective in sub36 stantially inhibiting operation of chop shops and motor vehicle theft;

37 (iv) base that finding on the 3-year and 5-year reports issued by the

38 Secretary under section 33113 of this title; and

39 (v) base that finding on other information the Attorney General de40 velops and includes in the public record.
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1 (B) The Attorney General shall submit a finding under paragraph (1)(A)

2 of this subsection promptly to the Secretary. If the Attorney General finds

3 that the application of the standard under subsection (a) or (b) of this sec4 tion, or both, has not been effective, the Secretary shall issue, not later than

5 180 days after receiving that finding, an order terminating the standard the

6 Attorney General found was ineffective. The termination is effective for the

7 model year beginning after the order is issued.

8 (3) In making a finding under paragraph (1)(B) of this subsection, the

9 Secretary shall consider the additional cost, competition, and available alter10 natives. If the Attorney General finds that the anti-theft devices are an ef11 fective substitute, the Secretary shall continue to grant exemptions under

12 section 33106 of this title for the model years after model year 2000 at one

13 of the following levels that the Attorney General decides: at the level author14 ized before October 25, 1992, or at the level provided in section

15 33106(b)(2)(C) of this title for model year 2000.

16 (e) EFFECTIVE DATE OF STANDARD.—A standard prescribed under this

17 section takes effect at least 6 months after the date the standard is pre18 scribed, except that the Secretary may prescribe an earlier effective date if

19 the Secretary—

20 (1) decides with good cause that the earlier date is in the public in21 terest; and

22 (2) publishes the reasons for the decision.

23 (f) NOTIFICATION OF CONGRESS.—The Secretary and the Attorney Gen24 eral shall inform the appropriate legislative committees of Congress with ju25 risdiction over this part and section 2322 of title 18 of actions taken or

26 planned under this section.

27 § 33104. Designation of high theft vehicle lines and parts

28 (a) DESIGNATION, NONAPPLICATION, SELECTION, AND PROCEDURES.—

29 (1) For purposes of the standard under section 33102 of this title, the fol30 lowing are high theft lines:

31 (A) a passenger motor vehicle line determined under subsection (b)

32 of this section to have had a new passenger motor vehicle theft rate

33 in the 2-year period covering calendar years 1990 and 1991 greater

34 than the median theft rate for all new passenger motor vehicle thefts

35 in that 2-year period.

36 (B) a passenger motor vehicle line initially introduced into commerce

37 in the United States after December 31, 1989, that is selected under

38 paragraph (3) of this subsection as likely to have a theft rate greater

39 than the median theft rate referred to in clause (A) of this paragraph.

40 (C) subject to paragraph (2) of this subsection, a passenger motor

41 vehicle line having (for existing lines) or likely to have (for new lines)
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1 a theft rate below the median theft rate referred to in clause (A) of

2 this paragraph, if the major parts in the vehicles are selected under

3 paragraph (3) of this subsection as interchangeable with the majority

4 of the major parts that are subject to the standard and are contained

5 in the motor vehicles of a line described in clause (A) or (B) of this

6 paragraph.

7 (2) The standard may not apply to any major part of a line described

8 in paragraph (1)(C) of this subsection if all the passenger motor vehicles

9 of lines that are, or are likely to be, below the median theft rate, and that

10 contain parts interchangeable with the major parts of the line involved, ac11 count (for existing lines), or the Secretary of Transportation determines

12 they are likely to account (for new lines), for more than 90 percent of the

13 total annual production of all lines of that manufacturer containing those

14 interchangeable parts.

15 (3) The lines, and the major parts of the passenger motor vehicles in

16 those lines, that are to be subject to the standard may be selected by agree17 ment between the manufacturer and the Secretary. If the manufacturer and

18 the Secretary disagree on the selection, the Secretary shall select the lines

19 and parts, after notice to the manufacturer and opportunity for written

20 comment, and subject to the confidentiality requirements of this chapter.

21 (4) To the maximum extent practicable, the Secretary shall prescribe rea22 sonable procedures designed to ensure that a selection under paragraph (3)

23 of this subsection is made at least 6 months before the first applicable

24 model year beginning after the selection.

25 (5) A manufacturer may not be required to comply with the standard

26 under a selection under paragraph (3) of this subsection for a model year

27 beginning earlier than 6 months after the date of the selection.

28 (6) A passenger motor vehicle line subject on October 25, 1992, to parts

29 marking requirements under sections 602 and 603 of the Motor Vehicle In30 formation and Cost Savings Act (Public Law 92–513, 86 Stat. 947), as

31 added by section 101(a) of the Motor Vehicle Theft Law Enforcement Act

32 of 1984 (Public Law 98–547, 98 Stat. 2756), continues to be subject to

33 the requirements of this section and section 33102 of this title unless the

34 line is exempted under section 33106 of this title.

35 (b) DETERMINING THEFT RATE FOR PASSENGER VEHICLES.—(1) In this

36 subsection, ‘‘new passenger motor vehicle thefts’’, when used in reference to

37 a calendar year, means thefts in the United States in that year of passenger

38 motor vehicles with the same model-year designation as that calendar year.

39 (2) Under subsection (a) of this section, the theft rate for passenger

40 motor vehicles of a line shall be determined by a fraction—
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1 (A) the numerator of which is the number of new passenger motor

2 vehicle thefts for that line during the 2-year period referred to in sub3 section (a)(1)(A) of this section; and

4 (B) the denominator of which is the sum of the respective production

5 volumes of all passenger motor vehicles of that line (as reported to the

6 Administrator of the Environmental Protection Agency under chapter

7 329 of this title) that are of model years 1990 and 1991 and are dis8 tributed for sale in commerce in the United States.

9 (3) Under subsection (a) of this section, the median theft rate for all new

10 passenger motor vehicle thefts during that 2-year period is the theft rate

11 midway between the highest and the lowest theft rates determined under

12 paragraph (2) of this subsection. If there is an even number of theft rates

13 determined under paragraph (2), the median theft rate is the arithmetic av14 erage of the 2 adjoining theft rates midway between the highest and the

15 lowest of those theft rates.

16 (4) In consultation with the Director of the Federal Bureau of Investiga17 tion, the Secretary periodically shall obtain from the most reliable source

18 accurate and timely theft and recovery information and publish the informa19 tion for review and comment. To the greatest extent possible, the Secretary

20 shall use theft information reported by United States Government, State,

21 and local police. After publication and opportunity for comment, the Sec22 retary shall use the theft information to determine the median theft rate

23 under this subsection. The Secretary and the Director shall take any nec24 essary actions to improve the accuracy, reliability, and timeliness of the in25 formation, including ensuring that vehicles represented as stolen are really

26 stolen.

27 (5) The Secretary periodically (but not more often than once every 2

28 years) may redetermine and prescribe by regulation the median theft rate

29 under this subsection.

30 (c) PROVIDING INFORMATION.—The Secretary by regulation shall require

31 each manufacturer to provide information necessary to select under sub32 section (a)(3) of this section the high theft lines and the major parts to be

33 subject to the standard.

34 (d) APPLICATION.—Except as provided in section 33106 of this title, the

35 Secretary may not make the standard inapplicable to a line that has been

36 subject to the standard.

37 § 33105. Cost limitations

38 (a) MAXIMUM MANUFACTURER COSTS.—A standard under section 33102

39 or 33103 of this title may not impose—

40 (1) on a manufacturer of motor vehicles, compliance costs of more

41 than $15 a motor vehicle; or
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1 (2) on a manufacturer of major replacement parts, compliance costs

2 for each part of more than the reasonable amount (but less than $15)

3 that the Secretary of Transportation specifies in the standard.

4 (b) COSTS INVOLVED IN ENGINES AND TRANSMISSIONS.—For a manu5 facturer engaged in identifying engines or transmissions on October 25,

6 1984, in a way that substantially complies with the standard—

7 (1) the costs of identifying engines and transmissions may not be

8 considered in calculating the manufacturer’s costs under subsection (a)

9 of this section; and

10 (2) the manufacturer may not be required under the standard to

11 conform to any identification system for engines and transmissions that

12 imposes greater costs on the manufacturer than are incurred under the

13 identification system used by the manufacturer on October 25, 1984.

14 (c) COST ADJUSTMENTS.—(1) In this subsection—

15 (A) ‘‘base period’’ means calendar year 1984.

16 (B) ‘‘price index’’ means the average over a calendar year of the

17 Consumer Price Index (all items—United States city average) pub18 lished monthly by the Secretary of Labor.

19 (2) At the beginning of each calendar year, as necessary data become

20 available from the Bureau of Labor Statistics, the Secretary of Labor shall

21 certify to the Secretary of Transportation and publish in the Federal Reg22 ister the percentage difference between the price index for the 12 months

23 before the beginning of the calendar year and the price index for the base

24 period. For model years beginning in that calendar year, the amounts speci25 fied in subsection (a) of this section shall be adjusted by the percentage dif26 ference.

27 § 33106. Exemption for passenger motor vehicles equipped

28 with anti-theft devices

29 (a) DEFINITIONS.—In this section—

30 (1) ‘‘anti-theft device’’ means a device to reduce or deter theft that—

31 (A) is in addition to the theft-deterrent devices required by

32 motor vehicle safety standard numbered 114 in section 571.114 of

33 title 49, Code of Federal Regulations;

34 (B) the manufacturer believes will be effective in reducing or de35 terring theft of motor vehicles; and

36 (C) does not use a signaling device reserved by State law for

37 use on police, emergency, or official vehicles, or on schoolbuses.

38 (2) ‘‘standard equipment’’ means equipment already installed in a

39 motor vehicle when it is delivered from the manufacturer and not an

40 accessory or other item that the first purchaser customarily has the op41 tion to have installed.
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1 (b) GRANTING EXEMPTIONS AND LIMITATIONS.—(1) A manufacturer

2 may petition the Secretary of Transportation for an exemption from a re3 quirement of a standard prescribed under section 33102 or 33103 of this

4 title for a line of passenger motor vehicles equipped as standard equipment

5 with an anti-theft device that the Secretary decides is likely to be as effec6 tive in reducing and deterring motor vehicle theft as compliance with the

7 standard.

8 (2) The Secretary may grant an exemption—

9 (A) for model year 1987, for not more than 2 lines of a manufac10 turer;

11 (B) for each of the model years 1988–1996, for not more than 2 ad12 ditional lines of a manufacturer;

13 (C) for each of the model years 1997–2000, for not more than one

14 additional line of a manufacturer; and

15 (D) for each of the model years after model year 2000, for the num16 ber of lines that the Attorney General decides under section

17 33103(d)(3) of this title.

18 (3) An additional exemption granted under subparagraph (2)(B) or (C)

19 of this paragraph does not affect an exemption previously granted.

20 (c) PETITIONING PROCEDURE.—A petition must be filed not later than

21 8 months before the start of production for the first model year covered by

22 the petition. The petition must include—

23 (1) a detailed description of the device;

24 (2) the reasons for the manufacturer’s conclusion that the device will

25 be effective in reducing and deterring theft of motor vehicles; and

26 (3) additional information the Secretary reasonably may require to

27 make the decision described in subsection (b)(1) of this section.

28 (d) DECISIONS AND APPROVALS.—The Secretary shall make a decision

29 about a petition filed under this section not later than 120 days after the

30 date the petition is filed. A decision approving a petition must be based on

31 substantial evidence. The Secretary may approve a petition in whole or in

32 part. If the Secretary does not make a decision within the 120-day period,

33 the petition shall be deemed to be approved and the manufacturer shall be

34 exempt from the standard for the line covered by the petition for the subse35 quent model year.

36 (e) RESCISSIONS.—The Secretary may rescind an exemption if the Sec37 retary decides that the anti-theft device has not been as effective in reducing

38 and deterring motor vehicle theft as compliance with the standard. A rescis39 sion may be effective only—

40 (1) for a model year after the model year in which the rescission oc41 curs; and
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1 (2) at least 6 months after the manufacturer receives written notice

2 of the rescission from the Secretary.

3 § 33107. Voluntary vehicle identification standards

4 (a) ELECTION TO INSCRIBE OR AFFIX IDENTIFYING MARKS.—The Sec5 retary of Transportation by regulation may prescribe a vehicle theft preven6 tion standard under which a person may elect to inscribe or affix an identi7 fying number or symbol on major parts of a motor vehicle manufactured

8 or owned by the person for purposes of section 511 of title 18 and related

9 provisions. The standard may include provisions for registration of the iden10 tification with the Secretary or a person designated by the Secretary.

11 (b) STANDARD REQUIREMENTS.—The standard under this section shall

12 be practicable and provide relevant objective criteria.

13 (c) VOLUNTARY COMPLIANCE.—Compliance with the standard under this

14 section is voluntary. Failure to comply does not subject a person to a pen15 alty or enforcement under this chapter.

16 (d) COMPLIANCE WITH OTHER STANDARDS.—Compliance with the

17 standard under this section does not relieve a manufacturer from a require18 ment of a standard prescribed under section 33102 or 33103 of this title.

19 § 33108. Monitoring compliance of manufacturers

20 (a) RECORDS, REPORTS, INFORMATION, AND INSPECTION.—To enable

21 the Secretary of Transportation to decide whether a manufacturer of motor

22 vehicles containing a part subject to a standard prescribed under section

23 33102 or 33103 of this title, or a manufacturer of major replacement parts

24 subject to the standard, is complying with this chapter and the standard,

25 the Secretary may require the manufacturer to—

26 (1) keep records;

27 (2) make reports;

28 (3) provide items and information; and

29 (4) allow an officer or employee designated by the Secretary to in30 spect the vehicles and parts and relevant records of the manufacturer.

31 (b) ENTRY AND INSPECTION.—To enforce this chapter, an officer or em32 ployee designated by the Secretary, on presenting appropriate credentials

33 and a written notice to the owner, operator, or agent in charge, may inspect

34 a facility in which motor vehicles containing major parts subject to the

35 standard, or major replacement parts subject to the standard, are manufac36 tured, held for introduction into interstate commerce, or held for sale after

37 introduction into interstate commerce. An inspection shall be conducted at

38 a reasonable time, in a reasonable way, and with reasonable promptness.

39 (c) CERTIFICATION OF COMPLIANCE.—(1) A manufacturer of a motor ve40 hicle subject to the standard, and a manufacturer of a major replacement

41 part subject to the standard, shall provide at the time of delivery of the ve-
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1 hicle or part a certification that the vehicle or part conforms to the applica2 ble motor vehicle theft prevention standard. The certification shall accom3 pany the vehicle or part until its delivery to the first purchaser. The Sec4 retary by regulation may prescribe the type and form of the certification.

5 (2) This subsection does not apply to a motor vehicle or major replace6 ment part that is—

7 (A) intended only for export;

8 (B) labeled only for export on the vehicle or replacement part and

9 the outside of any container until exported; and

10 (C) exported.

11 (d) NOTIFICATION OF ERROR.—A manufacturer shall notify the Sec12 retary if the manufacturer discovers that—

13 (1) there is an error in the identification (required by the standard)

14 applied to a major part installed by the manufacturer in a motor vehi15 cle during its assembly, or to a major replacement part manufactured

16 by the manufacturer; and

17 (2) the motor vehicle or major replacement part has entered inter18 state commerce.

19 § 33109. National Stolen Passenger Motor Vehicle Informa20 tion System

21 (a) GENERAL REQUIREMENTS.—(1) Not later than July 25, 1993, the

22 Attorney General shall establish, and thereafter maintain, a National Stolen

23 Passenger Motor Vehicle Information System containing the vehicle identi24 fication numbers of stolen passenger motor vehicles and stolen passenger

25 motor vehicle parts. The System shall be located in the National Crime In26 formation Center and shall include at least the following information on

27 each passenger motor vehicle reported to a law enforcement authority as

28 stolen and not recovered:

29 (A) the vehicle identification number.

30 (B) the make and model year.

31 (C) the date on which the vehicle was reported as stolen.

32 (D) the location of the law enforcement authority that received the

33 report of the theft of the vehicle.

34 (E) the identification numbers of the vehicle parts (or derivatives of

35 those numbers), at the time of the theft, if those numbers are different

36 from the vehicle identification number of the vehicle.

37 (2) In establishing the System, the Attorney General shall consult with—

38 (A) State and local law enforcement authorities; and

39 (B) the National Crime Information Center Policy Advisory Board

40 to ensure the security of the information in the System and that the
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1 System will not compromise the security of stolen passenger motor ve2 hicle and passenger motor vehicle parts information in the System.

3 (3) If the Attorney General decides that the Center is not able to perform

4 the functions of the System, the Attorney General shall make an agreement

5 for the operation of the System separate from the Center.

6 (4) The Attorney General shall prescribe by regulation the effective date

7 of the System.

8 (b) REQUESTS FOR INFORMATION.—(1) The Attorney General shall pre9 scribe by regulation procedures under which an individual or entity intend10 ing to transfer a passenger motor vehicle or passenger motor vehicle part

11 may obtain information on whether the vehicle or part is listed in the Sys12 tem as stolen.

13 (2) On request of an insurance carrier, a person lawfully selling or dis14 tributing passenger motor vehicle parts in interstate commerce, or an indi15 vidual or enterprise engaged in the business of repairing passenger motor

16 vehicles, the Attorney General (or the entity the Attorney General des17 ignates) immediately shall inform the insurance carrier, person, individual,

18 or enterprise whether the System has a record of a vehicle or vehicle part

19 with a particular vehicle identification number (or derivative of that num20 ber) being reported as stolen. The Attorney General may require appro21 priate verification to ensure that the request is legitimate and will not com22 promise the security of the System.

23 (c) ADVISORY COMMITTEE.—(1) Not later than December 24, 1992, the

24 Attorney General shall establish in the Department of Justice an advisory

25 committee. The Attorney General shall develop the System with the advice

26 and recommendations of the committee.

27 (2)(A) The committee is composed of the following 10 members:

28 (i) the Attorney General.

29 (ii) the Secretary of Transportation.

30 (iii) one individual who is qualified to represent the interests of the

31 law enforcement community at the State level.

32 (iv) one individual who is qualified to represent the interests of the

33 law enforcement community at the local level.

34 (v) one individual who is qualified to represent the interests of the

35 automotive recycling industry.

36 (vi) one individual who is qualified to represent the interests of the

37 automotive repair industry.

38 (vii) one individual who is qualified to represent the interests of the

39 automotive rebuilders industry.

40 (viii) one individual who is qualified to represent the interests of the

41 automotive parts suppliers industry.
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1 (ix) one individual who is qualified to represent the interests of the

2 insurance industry.

3 (x) one individual who is qualified to represent the interests of con4 sumers.

5 (B) The Attorney General shall appoint the individuals described in sub6 paragraph (A)(iii)–(x) of this paragraph and shall serve as chairman of the

7 committee.

8 (3) The committee shall make recommendations on developing and carry9 ing out—

10 (A) the National Stolen Passenger Motor Vehicle Information Sys11 tem; and

12 (B) the verification system under section 33110 of this title.

13 (4) Not later than April 25, 1993, the committee shall submit to the At14 torney General, the Secretary, and Congress a report including the rec15 ommendations of the committee.

16 § 33110. Verifications involving junk and salvage motor vehi17 cles

18 (a) DEFINITION.—In this section, ‘‘vehicle identification number’’ means

19 a unique identification number (or derivative of that number) assigned to

20 a passenger motor vehicle by a manufacturer in compliance with applicable

21 regulations.

22 (b) GENERAL REQUIREMENTS.—(1) If an insurance carrier selling com23 prehensive motor vehicle insurance coverage obtains possession of and trans24 fers a junk motor vehicle or a salvage motor vehicle, the carrier shall—

25 (A) under procedures the Attorney General prescribes by regulation

26 under section 33109 of this title in consultation with the Secretary of

27 Transportation, verify whether the vehicle is reported as stolen; and

28 (B) provide the purchaser or transferee of the vehicle from the insur29 ance carrier verification identifying the vehicle identification number

30 and verifying that the vehicle has not been reported as stolen or, if re31 ported as stolen, that the carrier has recovered the vehicle and has

32 proper legal title to the vehicle.

33 (2)(A) This subsection does not prohibit an insurance carrier from trans34 ferring a motor vehicle if, within a reasonable period of time during normal

35 business operations (as decided by the Attorney General under section

36 33109 of this title) using reasonable efforts, the carrier—

37 (i) has not been informed under the procedures prescribed in section

38 33109 of this title that the vehicle has not been reported as stolen; or

39 (ii) has not otherwise established whether the vehicle has been re40 ported as stolen.
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1 (B) When a carrier transfers a motor vehicle for which the carrier has

2 not established whether the vehicle has been reported as stolen, the carrier

3 shall provide written certification to the transferee that the carrier has not

4 established whether the vehicle has been reported as stolen.

5 (c) REGULATIONS.—In consultation with the Secretary, the Attorney

6 General shall prescribe regulations necessary to ensure that verification per7 formed and provided by an insurance carrier under subsection (b)(1)(B) of

8 this section is uniform, effective, and resistant to fraudulent use.

9 § 33111. Verifications involving motor vehicle major parts

10 (a) GENERAL REQUIREMENTS.—A person engaged in the business of sal11 vaging, dismantling, recycling, or repairing passenger motor vehicles may

12 not knowingly sell in commerce or transfer or install a major part marked

13 with an identification number without—

14 (1) first establishing, through a procedure the Attorney General by

15 regulation prescribes in consultation with the Secretary of Transpor16 tation under section 33109 of this title, that the major part has not

17 been reported as stolen; and

18 (2) providing the purchaser or transferee with a verification—

19 (A) identifying the vehicle identification number (or derivative

20 of that number) of that major part; and

21 (B) verifying that the major part has not been reported as sto22 len.

23 (b) NONAPPLICATION.—(1) Subsection (a) of this section does not apply

24 to a person that—

25 (A) is the manufacturer of the major part;

26 (B) has purchased the major part directly from the manufacturer;

27 or

28 (C) has received a verification from an insurance carrier under sec29 tion 33110 of this title that the motor vehicle from which the major

30 part is derived has not been reported as stolen, or that the carrier has

31 not established whether that vehicle has been stolen.

32 (2) A person described under paragraph (1)(C) of this subsection that

33 subsequently transfers or sells in commerce the motor vehicle or a major

34 part of the vehicle shall provide the verification received from the carrier

35 to the person to whom the vehicle or part is transferred or sold.

36 (c) REGULATIONS.—The Attorney General shall prescribe regulations to

37 carry out this section. The regulations shall include regulations prescribed

38 in consultation with the Secretary that are necessary to ensure that a ver39 ification a person provides under subsection (a)(2) of this section is uni40 form, effective, and resistant to fraudulent use.
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1 § 33112. Insurance reports and information

2 (a) PURPOSES.—The purposes of this section are—

3 (1) to prevent or discourage the theft of motor vehicles, particularly

4 those stolen for the removal of certain parts;

5 (2) to prevent or discourage the sale and distribution in interstate

6 commerce of used parts that are removed from those vehicles; and

7 (3) to help reduce the cost to consumers of comprehensive insurance

8 coverage for motor vehicles.

9 (b) DEFINITIONS.—In this section—

10 (1) ‘‘insurer’’ includes a person (except a governmental authority)

11 having a fleet of at least 20 motor vehicles that are used primarily for

12 rental or lease and are not covered by a theft insurance policy issued

13 by an insurer of passenger motor vehicles.

14 (2) ‘‘motor vehicle’’ includes a truck, a multipurpose passenger vehi15 cle, and a motorcycle.

16 (c) ANNUAL INFORMATION REQUIREMENT.—(1) An insurer providing

17 comprehensive coverage for motor vehicles shall provide annually to the Sec18 retary of Transportation information on—

19 (A) the thefts and recoveries (in any part) of motor vehicles;

20 (B) the number of vehicles that have been recovered intact;

21 (C) the rating rules and plans, such as loss information and rating

22 characteristics, used by the insurer to establish premiums for com23 prehensive coverage, including the basis for the premiums, and pre24 mium penalties for motor vehicles considered by the insurer as more

25 likely to be stolen;

26 (D) the actions taken by the insurer to reduce the premiums, includ27 ing changing rate levels for comprehensive coverage because of a reduc28 tion in thefts of motor vehicles;

29 (E) the actions taken by the insurer to assist in deterring or reduc30 ing thefts of motor vehicles; and

31 (F) other information the Secretary requires to carry out this chap32 ter and to make the report and findings required by this chapter.

33 (2) The information on thefts and recoveries shall include an explanation

34 on how the information is obtained, the accuracy and timeliness of the infor35 mation, and the use made of the information, including the extent and fre36 quency of reporting the information to national, public, and private entities

37 such as the Federal Bureau of Investigation and State and local police.

38 (d) REPORTS ON REDUCED CLAIMS PAYMENTS.—An insurer shall report

39 promptly in writing to the Secretary if the insurer, in paying a claim under

40 an adjustment or negotiation between the insurer and the insured for a sto41 len motor vehicle—
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1 (1) reduces the payment to the insured by the amount of the value,

2 salvage or otherwise, of a recovered part subject to a standard pre3 scribed under section 33102 or 33103 of this title; and

4 (2) the reduction is not made at the express election of the insured.

5 (e) GENERAL EXEMPTIONS.—The Secretary shall exempt from this sec6 tion, for one or more years, an insurer that the Secretary decides should

7 be exempted because—

8 (1) the cost of preparing and providing the information is excessive

9 in relation to the size of the insurer’s business; and

10 (2) the information from that insurer will not contribute significantly

11 to carrying out this chapter.

12 (f) SMALL INSURER EXEMPTIONS.—(1) In this subsection, ‘‘small in13 surer’’ means an insurer whose premiums for motor vehicle insurance issued

14 directly or through an affiliate, including a pooling arrangement established

15 under State law or regulation for the issuance of motor vehicle insurance,

16 account for—

17 (A) less than one percent of the total premiums for all forms of

18 motor vehicle insurance issued by insurers in the United States; and

19 (B) less than 10 percent of the total premiums for all forms of motor

20 vehicle insurance issued by insurers in any State.

21 (2) The Secretary shall exempt by regulation a small insurer from this

22 section if the Secretary finds that the exemption will not significantly affect

23 the validity or usefulness of the information collected and compiled under

24 this section, nationally or State-by-State. However, the Secretary may not

25 exempt an insurer under this paragraph that is considered an insurer only

26 because of subsection (b)(1) of this section.

27 (3) Regulations under this subsection shall provide that eligibility as a

28 small insurer shall be based on the most recent calendar year for which ade29 quate information is available, and that, once attained, the eligibility shall

30 continue without further demonstration of eligibility for one or more years,

31 as the Secretary considers appropriate.

32 (g) PRESCRIBED FORM.—Information required by this section shall be

33 provided in the form the Secretary prescribes.

34 (h) PERIODIC COMPILATIONS.—Subject to section 552 of title 5, the Sec35 retary periodically shall compile and publish information obtained by the

36 Secretary under this section, in a form that will be helpful to the public,

37 the police, and Congress.

38 (i) CONSULTATION.—In carrying out this section, the Secretary shall con39 sult with public and private agencies and associations the Secretary consid40 ers appropriate.
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1 § 33113. Theft reports

2 (a) TRUCK, MULTIPURPOSE PASSENGER VEHICLE, AND MOTORCYCLE

3 REPORT.—Not later than October 25, 1995, the Secretary of Transpor4 tation shall submit a report to Congress that includes—

5 (1) information on the number of trucks, multipurpose passenger ve6 hicles, and motorcycles distributed for sale in interstate commerce that

7 are stolen and recovered annually, compiled by model, make, and line;

8 (2) information on the extent to which trucks, multipurpose pas9 senger vehicles, and motorcycles stolen annually are dismantled to re10 cover parts or are exported;

11 (3) a description of the market for the stolen parts;

12 (4) information on the premiums charged by insurers of comprehen13 sive coverage of trucks, multipurpose passenger vehicles, or motor14 cycles, including any increase in the premiums charged because any of

15 those motor vehicles is a likely candidate for theft;

16 (5) an assessment of whether the identification of parts of trucks,

17 multipurpose passenger vehicles, and motorcycles is likely—

18 (A) to decrease the theft rate of those motor vehicles;

19 (B) to increase the recovery rate of those motor vehicles;

20 (C) to decrease the trafficking in stolen parts of those motor ve21 hicles;

22 (D) to stem the export and import of those stolen motor vehicles

23 or parts; or

24 (E) to have benefits greater than the costs of the identification;

25 and

26 (6) recommendations on whether, and to what extent, the identifica27 tion of trucks, multipurpose passenger vehicles, and motorcycles should

28 be required by law.

29 (b) MOTOR VEHICLE REPORT.—Not later than October 25, 1997, the

30 Secretary shall submit a report to Congress that includes—

31 (1) information on—

32 (A) the methods and procedures used by public and private enti33 ties to collect, compile, and disseminate information on the theft

34 and recovery of motor vehicles, including classes of motor vehicles;

35 and

36 (B) the reliability and timeliness of the information and how the

37 information can be improved;

38 (2) information on the number of motor vehicles distributed for sale

39 in interstate commerce that are stolen and recovered annually, com40 piled by class, model, make, and line;
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1 (3) information on the extent to which motor vehicles stolen annually

2 are dismantled to recover parts or are exported;

3 (4) a description of the market for the stolen parts;

4 (5) information on—

5 (A) the costs to manufacturers and purchasers of passenger

6 motor vehicles of compliance with the standards prescribed under

7 this chapter;

8 (B) the beneficial impacts of the standards and the monetary

9 value of the impacts; and

10 (C) the extent to which the monetary value is greater than the

11 costs;

12 (6) information on the experience of officials of the United States

13 Government, States, and localities in—

14 (A) making arrests and successfully prosecuting persons for vio15 lating a law set forth in title II or III of the Motor Vehicle Theft

16 Law Enforcement Act of 1984;

17 (B) preventing or reducing the number and rate of thefts of

18 motor vehicles that are dismantled for parts subject to this chap19 ter; and

20 (C) preventing or reducing the availability of used parts that

21 are stolen from motor vehicles subject to this chapter;

22 (7) information on the premiums charged by insurers of comprehen23 sive coverage of motor vehicles subject to this chapter, including any

24 increase in the premiums charged because a motor vehicle is a likely

25 candidate for theft, and the extent to which the insurers have reduced

26 for the benefit of consumers the premiums, or foregone premium in27 creases, because of this chapter;

28 (8) information on the adequacy and effectiveness of laws of the

29 United States and the States aimed at preventing the distribution and

30 sale of used parts that have been removed from stolen motor vehicles

31 and the adequacy of systems available to enforcement personnel for

32 tracing parts to determine if they have been stolen from a motor vehi33 cle;

34 (9) an assessment of whether the identification of parts of other

35 classes of motor vehicles is likely—

36 (A) to decrease the theft rate of those vehicles;

37 (B) to increase the recovery rate of those vehicles;

38 (C) to decrease the trafficking in stolen parts of those vehicles;

39 (D) to stem the export and import of those stolen vehicles,

40 parts, or components; or
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1 (E) to have benefits greater than the costs of the identification;

2 and

3 (10) other relevant and reliable information available to the Sec4 retary about the impact, including the beneficial impact, of the laws set

5 forth in titles II and III of the Motor Vehicle Theft Law Enforcement

6 Act of 1984 on law enforcement, consumers, and manufacturers; and

7 (11) recommendations (including, as appropriate, legislative and ad8 ministrative recommendations) for—

9 (A) continuing without change the standards prescribed under

10 this chapter;

11 (B) amending this chapter to cover more or fewer lines of pas12 senger motor vehicles;

13 (C) amending this chapter to cover other classes of motor vehi14 cles; or

15 (D) ending the standards for all future motor vehicles.

16 (c) BASES OF REPORTS.—(1) The reports under subsections (a) and (b)

17 of this section each shall be based on—

18 (A) information reported under this chapter by insurers of motor ve19 hicles and manufacturers of motor vehicles and major replacement

20 parts;

21 (B) information provided by the Federal Bureau of Investigation;

22 (C) experience obtained in carrying out this chapter;

23 (D) experience of the Government under the laws set forth in titles

24 II and III of the Motor Vehicle Theft Law Enforcement Act of 1984;

25 and

26 (E) other relevant and reliable information available to the Sec27 retary.

28 (2) In preparing each report, the Secretary shall consult with the Attor29 ney General and State and local law enforcement officials, as appropriate.

30 (3) The report under subsection (b) of this section shall—

31 (A) cover a period of at least 4 years after the standards required

32 by this chapter are prescribed; and

33 (B) reflect any information, as appropriate, from the report under

34 subsection (a) of this section, updated from the date of the report.

35 (4) At least 90 days before submitting each report to Congress, the Sec36 retary shall publish a proposed report for public review and an opportunity

37 of at least 45 days for written comment. The Secretary shall consider those

38 comments in preparing the report to be submitted and include a summary

39 of the comments with the submitted report.

40 § 33114. Prohibited acts

41 (a) GENERAL.—A person may not—
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1 (1) manufacture for sale, sell, offer for sale, introduce or deliver for

2 introduction in interstate commerce, or import into the United States,

3 a motor vehicle or major replacement part subject to a standard pre4 scribed under section 33102 or 33103 of this title, unless it conforms

5 to the standard;

6 (2) fail to comply with a regulation prescribed by the Secretary of

7 Transportation or Attorney General under this chapter;

8 (3) fail to keep specified records, refuse access to or copying of

9 records, fail to make reports or provide items or information, or fail

10 or refuse to allow entry or inspection, as required by this chapter;

11 (4) fail to provide the certification required by section 33108(c) of

12 this title, or provide a certification that the person knows, or in the

13 exercise of reasonable care has reason to know, is false or misleading

14 in a material respect; or

15 (5) knowingly—

16 (A) own, operate, maintain, or control a chop shop;

17 (B) conduct operations in a chop shop; or

18 (C) transport a passenger motor vehicle or passenger motor ve19 hicle part to or from a chop shop.

20 (b) NONAPPLICATION.—Subsection (a)(1) of this section does not apply

21 to a person establishing that in the exercise of reasonable care the person

22 did not have reason to know that the motor vehicle or major replacement

23 part was not in conformity with the standard.

24 § 33115. Civil penalties and enforcement

25 (a) GENERAL PENALTY AND CIVIL ACTIONS TO COLLECT.—(1) A person

26 that violates section 33114(a)(1)–(4) of this title is liable to the United

27 States Government for a civil penalty of not more than $1,000 for each vio28 lation. The failure of more than one part of a single motor vehicle to con29 form to an applicable standard under section 33102 or 33103 of this title

30 is only a single violation. The maximum penalty under this subsection for

31 a related series of violations is $250,000.

32 (2) The Secretary of Transportation imposes a civil penalty under this

33 subsection. The Secretary may compromise the amount of a penalty.

34 (3) In determining the amount of a civil penalty or compromise under

35 this subsection, the Secretary shall consider the size of the person’s business

36 and the gravity of the violation.

37 (4) The Attorney General shall bring a civil action in a United States dis38 trict court to collect a civil penalty imposed under this subsection.

39 (5) The Government may deduct the amount of a civil penalty imposed

40 or compromised under this subsection from amounts it owes the person lia41 ble for the penalty.
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1 (b) CHOP SHOP PENALTY AND ENFORCEMENT.—(1) A person that vio2 lates section 33114(a)(5) of this title is liable to the Government for a civil

3 penalty of not more than $100,000 a day for each violation.

4 (2) As appropriate and in consultation with the Attorney General, the

5 Secretary shall—

6 (A) bring a civil action for a temporary or permanent injunction to

7 restrain a person violating section 33114(a)(5) of this section;

8 (B) impose and recover the penalty described in paragraph (1) of

9 this subsection; or

10 (C) take both the actions described in clauses (A) and (B) of this

11 paragraph.

12 (c) CIVIL ACTIONS TO ENFORCE.—(1) The Attorney General may bring

13 a civil action in a United States district court to enjoin a violation of this

14 chapter or the sale, offer for sale, introduction or delivery for introduction

15 in interstate commerce, or importation into the United States, of a pas16 senger motor vehicle containing a major part, or of a major replacement

17 part, that is subject to the standard and is determined before the sale of

18 the vehicle or part to a first purchaser not to conform to the standard.

19 (2)(A) When practicable, the Secretary—

20 (i) shall notify a person against whom an action under this sub21 section is planned;

22 (ii) shall give the person an opportunity to present that person’s

23 views; and

24 (iii) except for a knowing and willful violation, shall give the person

25 a reasonable opportunity to comply.

26 (B) The failure of the Secretary to comply with subparagraph (A) of this

27 paragraph does not prevent a court from granting appropriate relief.

28 (d) JURY TRIAL DEMAND.—In a trial for criminal contempt for violating

29 an injunction or restraining order issued under subsection (c) of this sec30 tion, the violation of which is also a violation of this chapter, the defendant

31 may demand a jury trial. The defendant shall be tried as provided in rule

32 42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.).

33 (e) VENUE.—A civil action under subsection (a) or (c) of this section may

34 be brought in the judicial district in which the violation occurred or the de35 fendant resides, is found, or transacts business. Process in the action may

36 be served in any other judicial district in which the defendant resides or is

37 found. A subpena for a witness in the action may be served in any judicial

38 district.
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1 § 33116. Confidentiality of information

2 (a) GENERAL.—Information obtained by the Secretary of Transportation

3 under this chapter related to a confidential matter referred to in section

4 1905 of title 18 may be disclosed only—

5 (1) to another officer or employee of the United States Government

6 for use in carrying out this chapter; or

7 (2) in a proceeding under this chapter (except a proceeding under

8 section 33104(a)(3)).

9 (b) WITHHOLDING INFORMATION FROM CONGRESS.—This section does

10 not authorize information to be withheld from a committee of Congress au11 thorized to have the information.

12 § 33117. Judicial review

13 A person that may be adversely affected by a regulation prescribed under

14 this chapter may obtain judicial review of the regulation under section

15 32909 of this title. A remedy under this section is in addition to any other

16 remedies provided by law.

17 § 33118. Preemption of State and local law

18 When a motor vehicle theft prevention standard prescribed under section

19 33102 or 33103 of this title is in effect, a State or political subdivision of

20 a State may not have a different motor vehicle theft prevention standard

21 for a motor vehicle or major replacement part.

22 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
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PART C—FINANCING

481. AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS ................ 48101

PART D—MISCELLANEOUS

491. BUY-AMERICAN PREFERENCES .............................................................. 49101

1 PART A—AIR COMMERCE AND SAFETY

2 SUBPART I—GENERAL

3 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.

4 § 40101. Policy

5 (a) ECONOMIC REGULATION.—In carrying out subpart II of this part and

6 those provisions of subpart IV applicable in carrying out subpart II, the

7 Secretary of Transportation shall consider the following matters, among

8 others, as being in the public interest and consistent with public convenience

9 and necessity:

10 (1) assigning and maintaining safety as the highest priority in air

11 commerce.

12 (2) before authorizing new air transportation services, evaluating the

13 safety implications of those services.

14 (3) preventing deterioration in established safety procedures, rec15 ognizing the clear intent, encouragement, and dedication of Congress

16 to further the highest degree of safety in air transportation and air

17 commerce, and to maintain the safety vigilance that has evolved in air

18 transportation and air commerce and has come to be expected by the

19 traveling and shipping public.

20 (4) the availability of a variety of adequate, economic, efficient, and

21 low-priced services without unreasonable discrimination or unfair or de22 ceptive practices.

23 (5) coordinating transportation by, and improving relations among,

24 air carriers, and encouraging fair wages and working conditions.
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1 (6) placing maximum reliance on competitive market forces and on

2 actual and potential competition—

3 (A) to provide the needed air transportation system; and

4 (B) to encourage efficient and well-managed air carriers to earn

5 adequate profits and attract capital, considering any material dif6 ferences between interstate air transportation and foreign air

7 transportation.

8 (7) developing and maintaining a sound regulatory system that is re9 sponsive to the needs of the public and in which decisions are reached

10 promptly to make it easier to adapt the air transportation system to

11 the present and future needs of—

12 (A) the commerce of the United States;

13 (B) the United States Postal Service; and

14 (C) the national defense.

15 (8) encouraging air transportation at major urban areas through sec16 ondary or satellite airports if consistent with regional airport plans of

17 regional and local authorities, and if endorsed by appropriate State au18 thorities—

19 (A) encouraging the transportation by air carriers that provide,

20 in a specific market, transportation exclusively at those airports;

21 and

22 (B) fostering an environment that allows those carriers to estab23 lish themselves and develop secondary or satellite airport services.

24 (9) preventing unfair, deceptive, predatory, or anticompetitive prac25 tices in air transportation.

26 (10) avoiding unreasonable industry concentration, excessive market

27 domination, monopoly powers, and other conditions that would tend to

28 allow at least one air carrier or foreign air carrier unreasonably to in29 crease prices, reduce services, or exclude competition in air transpor30 tation.

31 (11) maintaining a complete and convenient system of continuous

32 scheduled interstate air transportation for small communities and iso33 lated areas with direct financial assistance from the United States Gov34 ernment when appropriate.

35 (12) encouraging, developing, and maintaining an air transportation

36 system relying on actual and potential competition—

37 (A) to provide efficiency, innovation, and low prices; and

38 (B) to decide on the variety and quality of, and determine prices

39 for, air transportation services.
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1 (13) encouraging entry into air transportation markets by new and

2 existing air carriers and the continued strengthening of small air car3 riers to ensure a more effective and competitive airline industry.

4 (14) promoting, encouraging, and developing civil aeronautics and a

5 viable, privately-owned United States air transport industry.

6 (15) strengthening the competitive position of air carriers to at least

7 ensure equality with foreign air carriers, including the attainment of

8 the opportunity for air carriers to maintain and increase their profit9 ability in foreign air transportation.

10 (b) ALL-CARGO AIR TRANSPORTATION CONSIDERATIONS.—In carrying

11 out subpart II of this part and those provisions of subpart IV applicable

12 in carrying out subpart II, the Secretary of Transportation shall consider

13 the following matters, among others and in addition to the matters referred

14 to in subsection (a) of this section, as being in the public interest for all15 cargo air transportation:

16 (1) encouraging and developing an expedited all-cargo air transpor17 tation system provided by private enterprise and responsive to—

18 (A) the present and future needs of shippers;

19 (B) the commerce of the United States; and

20 (C) the national defense.

21 (2) encouraging and developing an integrated transportation system

22 relying on competitive market forces to decide the extent, variety, qual23 ity, and price of services provided.

24 (3) providing services without unreasonable discrimination, unfair or

25 deceptive practices, or predatory pricing.

26 (c) GENERAL SAFETY CONSIDERATIONS.—In carrying out subpart III of

27 this part and those provisions of subpart IV applicable in carrying out sub28 part III, the Administrator of the Federal Aviation Administration shall

29 consider the following matters:

30 (1) the requirements of national defense and commercial and general

31 aviation.

32 (2) the public right of freedom of transit through the navigable air33 space.

34 (d) SAFETY CONSIDERATIONS IN PUBLIC INTEREST.—In carrying out

35 subpart III of this part and those provisions of subpart IV applicable in car36 rying out subpart III, the Administrator shall consider the following mat37 ters, among others, as being in the public interest:

38 (1) regulating air commerce in a way that best promotes its develop39 ment and safety and fulfills national defense requirements.

40 (2) promoting, encouraging, and developing civil aeronautics.
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1 (3) controlling the use of the navigable airspace and regulating civil

2 and military operations in that airspace in the interest of the safety

3 and efficiency of both of those operations.

4 (4) consolidating research and development for air navigation facili5 ties and the installation and operation of those facilities.

6 (5) developing and operating a common system of air traffic control

7 and navigation for military and civil aircraft.

8 (6) providing assistance to law enforcement agencies in the enforce9 ment of laws related to regulation of controlled substances, to the ex10 tent consistent with aviation safety.

11 (e) INTERNATIONAL AIR TRANSPORTATION.—In formulating United

12 States international air transportation policy, the Secretaries of State and

13 Transportation shall develop a negotiating policy emphasizing the greatest

14 degree of competition compatible with a well-functioning international air

15 transportation system, including the following:

16 (1) strengthening the competitive position of air carriers to ensure

17 at least equality with foreign air carriers, including the attainment of

18 the opportunity for air carriers to maintain and increase their profit19 ability in foreign air transportation.

20 (2) freedom of air carriers and foreign air carriers to offer prices

21 that correspond to consumer demand.

22 (3) the fewest possible restrictions on charter air transportation.

23 (4) the maximum degree of multiple and permissive international au24 thority for air carriers so that they will be able to respond quickly to

25 a shift in market demand.

26 (5) eliminating operational and marketing restrictions to the greatest

27 extent possible.

28 (6) integrating domestic and international air transportation.

29 (7) increasing the number of nonstop United States gateway cities.

30 (8) opportunities for carriers of foreign countries to increase their

31 access to places in the United States if exchanged for benefits of simi32 lar magnitude for air carriers or the traveling public with permanent

33 linkage between rights granted and rights given away.

34 (9) eliminating discrimination and unfair competitive practices faced

35 by United States airlines in foreign air transportation, including—

36 (A) excessive landing and user fees;

37 (B) unreasonable ground handling requirements;

38 (C) unreasonable restrictions on operations;

39 (D) prohibitions against change of gauge; and

40 (E) similar restrictive practices.
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1 (10) promoting, encouraging, and developing civil aeronautics and a

2 viable, privately-owned United States air transport industry.

3 (f) STRENGTHENING COMPETITION.—In selecting an air carrier to pro4 vide foreign air transportation from among competing applicants, the Sec5 retary of Transportation shall consider, in addition to the matters specified

6 in subsections (a) and (b) of this section, the strengthening of competition

7 among air carriers operating in the United States to prevent unreasonable

8 concentration in the air carrier industry.

9 § 40102. Definitions

10 (a) GENERAL DEFINITIONS.—In this part—

11 (1) ‘‘aeronautics’’ means the science and art of flight.

12 (2) ‘‘air carrier’’ means a citizen of the United States undertaking

13 by any means, directly or indirectly, to provide air transportation.

14 (3) ‘‘air commerce’’ means foreign air commerce, interstate air com15 merce, the transportation of mail by aircraft, the operation of aircraft

16 within the limits of a Federal airway, or the operation of aircraft that

17 directly affects, or may endanger safety in, foreign or interstate air

18 commerce.

19 (4) ‘‘air navigation facility’’ means a facility used, available for use,

20 or designed for use, in aid of air navigation, including—

21 (A) a landing area;

22 (B) a light;

23 (C) apparatus or equipment for distributing weather informa24 tion, signaling, radio-directional finding, or radio or other electro25 magnetic communication; and

26 (D) another structure or mechanism for guiding or controlling

27 flight in the air or the landing and takeoff of aircraft.

28 (5) ‘‘air transportation’’ means foreign air transportation, interstate

29 air transportation, or the transportation of mail by aircraft.

30 (6) ‘‘aircraft’’ means any contrivance invented, used, or designed to

31 navigate, or fly in, the air.

32 (7) ‘‘aircraft engine’’ means an engine used, or intended to be used,

33 to propel an aircraft, including a part, appurtenance, and accessory of

34 the engine, except a propeller.

35 (8) ‘‘airman’’ means an individual—

36 (A) in command, or as pilot, mechanic, or member of the crew,

37 who navigates aircraft when under way;

38 (B) except to the extent the Administrator of the Federal Avia39 tion Administration may provide otherwise for individuals em40 ployed outside the United States, who is directly in charge of in-
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1 specting, maintaining, overhauling, or repairing aircraft, aircraft

2 engines, propellers, or appliances; or

3 (C) who serves as an aircraft dispatcher or air traffic control4 tower operator.

5 (9) ‘‘airport’’ means a landing area used regularly by aircraft for re6 ceiving or discharging passengers or cargo.

7 (10) ‘‘all-cargo air transportation’’ means the transportation by air8 craft in interstate air transportation of only property or only mail, or

9 both.

10 (11) ‘‘appliance’’ means an instrument, equipment, apparatus, a

11 part, an appurtenance, or an accessory used, capable of being used, or

12 intended to be used, in operating or controlling aircraft in flight, in13 cluding a parachute, communication equipment, and another mecha14 nism installed in or attached to aircraft during flight, and not a part

15 of an aircraft, aircraft engine, or propeller.

16 (12) ‘‘cargo’’ means property, mail, or both.

17 (13) ‘‘charter air carrier’’ means an air carrier holding a certificate

18 of public convenience and necessity that authorizes it to provide charter

19 air transportation.

20 (14) ‘‘charter air transportation’’ means charter trips in air trans21 portation authorized under this part.

22 (15) ‘‘citizen of the United States’’ means—

23 (A) an individual who is a citizen of the United States;

24 (B) a partnership each of whose partners is an individual who

25 is a citizen of the United States; or

26 (C) a corporation or association organized under the laws of the

27 United States or a State, the District of Columbia, or a territory

28 or possession of the United States, of which the president and at

29 least two-thirds of the board of directors and other managing offi30 cers are citizens of the United States, and in which at least 75

31 percent of the voting interest is owned or controlled by persons

32 that are citizens of the United States.

33 (16) ‘‘civil aircraft’’ means an aircraft except a public aircraft.

34 (17) ‘‘civil aircraft of the United States’’ means an aircraft reg35 istered under chapter 441 of this title.

36 (18) ‘‘conditional sales contract’’ means a contract—

37 (A) for the sale of an aircraft, aircraft engine, propeller, appli38 ance, or spare part, under which the buyer takes possession of the

39 property but title to the property vests in the buyer at a later time

40 on—

41 (i) paying any part of the purchase price;
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1 (ii) performing another condition; or

2 (iii) the happening of a contingency; or

3 (B) to bail or lease an aircraft, aircraft engine, propeller, appli4 ance, or spare part, under which the bailee or lessee—

5 (i) agrees to pay an amount substantially equal to the value

6 of the property; and

7 (ii) is to become, or has the option of becoming, the owner

8 of the property on complying with the contract.

9 (19) ‘‘conveyance’’ means an instrument, including a conditional

10 sales contract, affecting title to, or an interest in, property.

11 (20) ‘‘Federal airway’’ means a part of the navigable airspace that

12 the Administrator designates as a Federal airway.

13 (21) ‘‘foreign air carrier’’ means a person, not a citizen of the Unit14 ed States, undertaking by any means, directly or indirectly, to provide

15 foreign air transportation.

16 (22) ‘‘foreign air commerce’’ means the transportation of passengers

17 or property by aircraft for compensation, the transportation of mail by

18 aircraft, or the operation of aircraft in furthering a business or voca19 tion, between a place in the United States and a place outside the

20 United States when any part of the transportation or operation is by

21 aircraft.

22 (23) ‘‘foreign air transportation’’ means the transportation of pas23 sengers or property by aircraft as a common carrier for compensation,

24 or the transportation of mail by aircraft, between a place in the United

25 States and a place outside the United States when any part of the

26 transportation is by aircraft.

27 (24) ‘‘interstate air commerce’’ means the transportation of pas28 sengers or property by aircraft for compensation, the transportation of

29 mail by aircraft, or the operation of aircraft in furthering a business

30 or vocation—

31 (A) between a place in—

32 (i) a State, territory, or possession of the United States

33 and a place in the District of Columbia or another State, ter34 ritory, or possession of the United States;

35 (ii) a State and another place in the same State through

36 the airspace over a place outside the State;

37 (iii) the District of Columbia and another place in the Dis38 trict of Columbia; or

39 (iv) a territory or possession of the United States and an40 other place in the same territory or possession; and
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1 (B) when any part of the transportation or operation is by air2 craft.

3 (25) ‘‘interstate air transportation’’ means the transportation of pas4 sengers or property by aircraft as a common carrier for compensation,

5 or the transportation of mail by aircraft—

6 (A) between a place in—

7 (i) a State, territory, or possession of the United States

8 and a place in the District of Columbia or another State, ter9 ritory, or possession of the United States;

10 (ii) Hawaii and another place in Hawaii through the air11 space over a place outside Hawaii;

12 (iii) the District of Columbia and another place in the Dis13 trict of Columbia; or

14 (iv) a territory or possession of the United States and an15 other place in the same territory or possession; and

16 (B) when any part of the transportation is by aircraft.

17 (26) ‘‘intrastate air carrier’’ means a citizen of the United States un18 dertaking by any means to provide only intrastate air transportation.

19 (27) ‘‘intrastate air transportation’’ means the transportation by a

20 common carrier of passengers or property for compensation, entirely in

21 the same State, by turbojet-powered aircraft capable of carrying at

22 least 30 passengers.

23 (28) ‘‘landing area’’ means a place on land or water, including an

24 airport or intermediate landing field, used, or intended to be used, for

25 the takeoff and landing of aircraft, even when facilities are not pro26 vided for sheltering, servicing, or repairing aircraft, or for receiving or

27 discharging passengers or cargo.

28 (29) ‘‘mail’’ means United States mail and foreign transit mail.

29 (30) ‘‘navigable airspace’’ means airspace above the minimum alti30 tudes of flight prescribed by regulations under subparts I and III of

31 this part, including airspace needed to ensure safety in the takeoff and

32 landing of aircraft.

33 (31) ‘‘navigate aircraft’’ and ‘‘navigation of aircraft’’ include piloting

34 aircraft.

35 (32) ‘‘operate aircraft’’ and ‘‘operation of aircraft’’ mean using air36 craft for the purposes of air navigation, including—

37 (A) the navigation of aircraft; and

38 (B) causing or authorizing the operation of aircraft with or

39 without the right of legal control of the aircraft.
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1 (33) ‘‘person’’, in addition to its meaning under section 1 of title 1,

2 includes a governmental authority and a trustee, receiver, assignee, and

3 other similar representative.

4 (34) ‘‘predatory’’ means a practice that violates the antitrust laws

5 as defined in the first section of the Clayton Act (15 U.S.C. 12).

6 (35) ‘‘price’’ means a rate, fare, or charge for air transportation.

7 (36) ‘‘propeller’’ includes a part, appurtenance, and accessory of a

8 propeller.

9 (37) ‘‘public aircraft’’—

10 (A) means an aircraft—

11 (i) used only for the United States Government; or

12 (ii) owned and operated (except for commercial purposes),

13 or exclusively leased for at least 90 continuous days, by a

14 government (except the United States Government), including

15 a State, the District of Columbia, or a territory or possession

16 of the United States, or political subdivision of that govern17 ment; but

18 (B) does not include a government-owned aircraft transporting

19 passengers or property for commercial purposes.

20 (38) ‘‘spare part’’ means an accessory, appurtenance, or part of an

21 aircraft (except an aircraft engine or propeller), aircraft engine (except

22 a propeller), propeller, or appliance, that is to be installed at a later

23 time in an aircraft, aircraft engine, propeller, or appliance.

24 (39) ‘‘State authority’’ means an authority of a State designated

25 under State law—

26 (A) to receive notice required to be given a State authority

27 under subpart II of this part; or

28 (B) as the representative of the State before the Secretary of

29 Transportation in any matter about which the Secretary is re30 quired to consult with or consider the views of a State authority

31 under subpart II of this part.

32 (40) ‘‘ticket agent’’ means a person (except an air carrier, a foreign

33 air carrier, or an employee of an air carrier or foreign air carrier) that

34 as a principal or agent sells, offers for sale, negotiates for, or holds it35 self out as selling, providing, or arranging for, air transportation.

36 (41) ‘‘United States’’ means the States of the United States, the

37 District of Columbia, and the territories and possessions of the United

38 States, including the territorial sea and the overlying airspace.

39 (b) LIMITED DEFINITION.—In subpart II of this part, ‘‘control’’ means

40 control by any means.
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1 § 40103. Sovereignty and use of airspace

2 (a) SOVEREIGNTY AND PUBLIC RIGHT OF TRANSIT.—(1) The United

3 States Government has exclusive sovereignty of airspace of the United

4 States.

5 (2) A citizen of the United States has a public right of transit through

6 the navigable airspace. To further that right, the Secretary of Transpor7 tation shall consult with the Architectural and Transportation Barriers

8 Compliance Board established under section 502 of the Rehabilitation Act

9 of 1973 (29 U.S.C. 792) before prescribing a regulation or issuing an order

10 or procedure that will have a significant impact on the accessibility of com11 mercial airports or commercial air transportation for handicapped individ12 uals.

13 (b) USE OF AIRSPACE.—(1) The Administrator of the Federal Aviation

14 Administration shall develop plans and policy for the use of the navigable

15 airspace and assign by regulation or order the use of the airspace necessary

16 to ensure the safety of aircraft and the efficient use of airspace. The Admin17 istrator may modify or revoke an assignment when required in the public

18 interest.

19 (2) The Administrator shall prescribe air traffic regulations on the flight

20 of aircraft (including regulations on safe altitudes) for—

21 (A) navigating, protecting, and identifying aircraft;

22 (B) protecting individuals and property on the ground;

23 (C) using the navigable airspace efficiently; and

24 (D) preventing collision between aircraft, between aircraft and land

25 or water vehicles, and between aircraft and airborne objects.

26 (3) To establish security provisions that will encourage and allow maxi27 mum use of the navigable airspace by civil aircraft consistent with national

28 security, the Administrator, in consultation with the Secretary of Defense,

29 shall—

30 (A) establish areas in the airspace the Administrator decides are nec31 essary in the interest of national defense; and

32 (B) by regulation or order, restrict or prohibit flight of civil aircraft

33 that the Administrator cannot identify, locate, and control with avail34 able facilities in those areas.

35 (4) Notwithstanding the military exception in section 553(a)(1) of title

36 5, subchapter II of chapter 5 of title 5 applies to a regulation prescribed

37 under this subsection.

38 (c) FOREIGN AIRCRAFT.—A foreign aircraft, not part of the armed forces

39 of a foreign country, may be navigated in the United States as provided in

40 section 41703 of this title.
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1 (d) AIRCRAFT OF ARMED FORCES OF FOREIGN COUNTRIES.—Aircraft of

2 the armed forces of a foreign country may be navigated in the United States

3 only when authorized by the Secretary of State.

4 (e) NO EXCLUSIVE RIGHTS AT CERTAIN FACILITIES.—A person does not

5 have an exclusive right to use an air navigation facility on which Govern6 ment money has been expended. However, providing services at an airport

7 by only one fixed-based operator is not an exclusive right if—

8 (1) it is unreasonably costly, burdensome, or impractical for more

9 than one fixed-based operator to provide the services; and

10 (2) allowing more than one fixed-based operator to provide the serv11 ices requires a reduction in space leased under an agreement existing

12 on September 3, 1982, between the operator and the airport.

13 § 40104. Promotion of civil aeronautics and air commerce

14 The Administrator of the Federal Aviation Administration shall encour15 age the development of civil aeronautics and air commerce in and outside

16 the United States. In carrying out this section, the Administrator shall take

17 action that the Administrator considers necessary to establish, within avail18 able resources, a program to distribute civil aviation information in each re19 gion served by the Administration. The program shall provide, on request,

20 informational material and expertise on civil aviation to State and local

21 school administrators, college and university officials, and officers of other

22 interested organizations.

23 § 40105. International negotiations, agreements, and obliga24 tions

25 (a) ADVICE AND CONSULTATION.—The Secretary of State shall advise

26 the Administrator of the Federal Aviation Administration and the Secretar27 ies of Transportation and Commerce, and consult with them as appropriate,

28 about negotiations for an agreement with a government of a foreign country

29 to establish or develop air navigation, including air routes and services. The

30 Secretary of Transportation shall consult with the Secretary of State in car31 rying out this part to the extent this part is related to foreign air transpor32 tation.

33 (b) ACTIONS OF SECRETARY AND ADMINISTRATOR.—(1) In carrying out

34 this part, the Secretary of Transportation and the Administrator—

35 (A) shall act consistently with obligations of the United States Gov36 ernment under an international agreement;

37 (B) shall consider applicable laws and requirements of a foreign

38 country; and

39 (C) may not limit compliance by an air carrier with obligations or

40 liabilities imposed by the government of a foreign country when the
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1 Secretary takes any action related to a certificate of public convenience

2 and necessity issued under chapter 411 of this title.

3 (2) This subsection does not apply to an agreement between an air carrier

4 or an officer or representative of an air carrier and the government of a

5 foreign country, if the Secretary of Transportation disapproves the agree6 ment because it is not in the public interest. Section 40106(b)(2) of this

7 title applies to this subsection.

8 (c) CONSULTATION ON INTERNATIONAL AIR TRANSPORTATION POLICY.—

9 In carrying out section 40101(e) of this title, the Secretaries of State and

10 Transportation, to the maximum extent practicable, shall consult on broad

11 policy goals and individual negotiations with—

12 (1) the Secretaries of Commerce and Defense;

13 (2) airport operators;

14 (3) scheduled air carriers;

15 (4) charter air carriers;

16 (5) airline labor;

17 (6) consumer interest groups;

18 (7) travel agents and tour organizers; and

19 (8) other groups, institutions, and governmental authorities affected

20 by international aviation policy.

21 (d) CONGRESSIONAL OBSERVERS AT INTERNATIONAL AVIATION NEGO22 TIATIONS.—The President shall grant to at least one representative of each

23 House of Congress the privilege of attending international aviation negotia24 tions as an observer if the privilege is requested in advance in writing.

25 § 40106. Emergency powers

26 (a) DEVIATIONS FROM REGULATIONS.—Appropriate military authority

27 may authorize aircraft of the armed forces of the United States to deviate

28 from air traffic regulations prescribed under section 40103(b)(1) and (2) of

29 this title when the authority decides the deviation is essential to the national

30 defense because of a military emergency or urgent military necessity. The

31 authority shall—

32 (1) give the Administrator of the Federal Aviation Administration

33 prior notice of the deviation at the earliest practicable time; and

34 (2) to the extent time and circumstances allow, make every reason35 able effort to consult with the Administrator and arrange for the devi36 ation in advance on a mutually agreeable basis.

37 (b) SUSPENSION OF AUTHORITY.—(1) When the President decides that

38 the government of a foreign country is acting inconsistently with the Con39 vention for the Suppression of Unlawful Seizure of Aircraft or that the gov40 ernment of a foreign country allows territory under its jurisdiction to be

41 used as a base of operations or training of, or as a sanctuary for, or arms,
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1 aids, or abets, a terrorist organization that knowingly uses the unlawful sei2 zure, or the threat of an unlawful seizure, of an aircraft as an instrument

3 of policy, the President may suspend the authority of—

4 (A) an air carrier or foreign air carrier to provide foreign air trans5 portation to and from that foreign country;

6 (B) a person to operate aircraft in foreign air commerce to and from

7 that foreign country;

8 (C) a foreign air carrier to provide foreign air transportation be9 tween the United States and another country that maintains air service

10 with the foreign country; and

11 (D) a foreign person to operate aircraft in foreign air commerce be12 tween the United States and another country that maintains air service

13 with the foreign country.

14 (2) The President may act under this subsection without notice or a hear15 ing. The suspension remains in effect for as long as the President decides

16 is necessary to ensure the security of aircraft against unlawful seizure. Not17 withstanding section 40105(b) of this title, the authority of the President

18 to suspend rights under this subsection is a condition to a certificate of pub19 lic convenience and necessity, air carrier operating certificate, foreign air

20 carrier or foreign aircraft permit, or foreign air carrier operating specifica21 tion issued by the Secretary of Transportation under this part.

22 (3) An air carrier or foreign air carrier may not provide foreign air trans23 portation, and a person may not operate aircraft in foreign air commerce,

24 in violation of a suspension of authority under this subsection.

25 § 40107. Presidential transfers

26 (a) GENERAL AUTHORITY.—The President may transfer to the Adminis27 trator of the Federal Aviation Administration a duty, power, activity, or fa28 cility of a department, agency, or instrumentality of the executive branch

29 of the United States Government, or an officer or unit of a department,

30 agency, or instrumentality of the executive branch, related primarily to se31 lecting, developing, testing, evaluating, establishing, operating, or maintain32 ing a system, procedure, facility, or device for safe and efficient air naviga33 tion and air traffic control. In making a transfer, the President may trans34 fer records and property and make officers and employees from the depart35 ment, agency, instrumentality, or unit available to the Administrator.

36 (b) DURING WAR.—If war occurs, the President by executive order may

37 transfer to the Secretary of Defense a duty, power, activity, or facility of

38 the Administrator. In making the transfer, the President may transfer

39 records, property, officers, and employees of the Administration to the De40 partment of Defense.
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1 § 40108. Training schools

2 (a) AUTHORITY TO OPERATE.—The Administrator of the Federal Avia3 tion Administration may operate schools to train officers and employees of

4 the Administration to carry out duties, powers, and activities of the Admin5 istrator.

6 (b) ATTENDANCE.—The Administrator may authorize officers and em7 ployees of other departments, agencies, or instrumentalities of the United

8 States Government, officers and employees of governments of foreign coun9 tries, and individuals from the aeronautics industry to attend those schools.

10 However, if the attendance of any of those officers, employees, or individuals

11 increases the cost of operating the schools, the Administrator may require

12 the payment or transfer of amounts or other consideration to offset the ad13 ditional cost. The amount received may be credited to the appropriation cur14 rent when the expenditures are or were paid, the appropriation current

15 when the amount is received, or both.

16 § 40109. Authority to exempt

17 (a) AIR CARRIERS AND FOREIGN AIR CARRIERS NOT ENGAGED DI18 RECTLY IN OPERATING AIRCRAFT.—(1) The Secretary of Transportation

19 may exempt from subpart II of this part—

20 (A) an air carrier not engaged directly in operating aircraft in air

21 transportation; or

22 (B) a foreign air carrier not engaged directly in operating aircraft

23 in foreign air transportation.

24 (2) The exemption is effective to the extent and for periods that the Sec25 retary decides are in the public interest.

26 (b) SAFETY REGULATION.—The Administrator of the Federal Aviation

27 Administration may grant an exemption from a regulation prescribed in car28 rying out sections 40103(b)(1) and (2), 40119, 44901, 44903, 44906, and

29 44935–44937 of this title when the Administrator decides the exemption is

30 in the public interest.

31 (c) OTHER ECONOMIC REGULATION.—Except as provided in this section,

32 the Secretary may exempt to the extent the Secretary considers necessary

33 a person or class of persons from a provision of chapter 411, sections

34 41301–41306, 41308–41310(a), 41501, 41503, 41504, 41506, 41510,

35 41511, 41701, 41702, 41705–41709, 41711, 41712, and 41731–41742,

36 chapter 419, subchapter II of chapter 421, and section 46301(b) of this

37 title, or a regulation or term prescribed under any of those provisions, when

38 the Secretary decides that the exemption is consistent with the public inter39 est.

40 (d) LABOR REQUIREMENTS.—The Secretary may not exempt an air car41 rier from section 42112 of this title. However, the Secretary may exempt
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1 from section 42112(b)(1) and (2) an air carrier not providing scheduled air

2 transportation, and the operations conducted during daylight hours by an

3 air carrier providing scheduled air transportation, when the Secretary de4 cides that—

5 (1) because of the limited extent of, or unusual circumstances affect6 ing, the operation of the air carrier, the enforcement of section

7 42112(b)(1) and (2) of this title is or would be an unreasonable burden

8 on the air carrier that would obstruct its development and prevent it

9 from beginning or continuing operations; and

10 (2) the exemption would not affect adversely the public interest.

11 (e) MAXIMUM FLYING HOURS.—The Secretary may not exempt an air

12 carrier under this section from a provision referred to in subsection (c) of

13 this section, or a regulation or term prescribed under any of those provi14 sions, that sets maximum flying hours for pilots or copilots.

15 (f) SMALLER AIRCRAFT.—(1) An air carrier is exempt from section

16 41101(a)(1) of this title, and the Secretary may exempt an air carrier from

17 another provision of subpart II of this part, if the air carrier—

18 (A)(i) provides passenger transportation only with aircraft having a

19 maximum capacity of 55 passengers; or

20 (ii) provides the transportation of cargo only with aircraft having a

21 maximum payload of less than 18,000 pounds; and

22 (B) complies with liability insurance requirements and other regula23 tions the Secretary prescribes.

24 (2) The Secretary may increase the passenger or payload capacities when

25 the public interest requires.

26 (3)(A) An exemption under this subsection applies to an air carrier pro27 viding air transportation between 2 places in Alaska, or between Alaska and

28 Canada, only if the carrier is authorized by Alaska to provide the transpor29 tation.

30 (B) The Secretary may limit the number or location of places that may

31 be served by an air carrier providing transportation only in Alaska under

32 an exemption from section 41101(a)(1) of this title, or the frequency with

33 which the transportation may be provided, only when the Secretary decides

34 that providing the transportation substantially impairs the ability of an air

35 carrier holding a certificate issued by the Secretary to provide its authorized

36 transportation, including the minimum transportation requirement for Alas37 ka specified under section 41732(b)(1)(B) of this title.

38 (g) EMERGENCY AIR TRANSPORTATION BY FOREIGN AIR CARRIERS.—(1)

39 To the extent that the Secretary decides an exemption is in the public inter40 est, the Secretary may exempt by order a foreign air carrier from the re41 quirements and limitations of this part for not more than 30 days to allow
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1 the foreign air carrier to carry passengers or cargo in interstate air trans2 portation in certain markets if the Secretary finds that—

3 (A) because of an emergency created by unusual circumstances not

4 arising in the normal course of business, air carriers holding certifi5 cates under section 41102 of this title cannot accommodate traffic in

6 those markets;

7 (B) all possible efforts have been made to accommodate the traffic

8 by using the resources of the air carriers, including the use of—

9 (i) foreign aircraft, or sections of foreign aircraft, under lease

10 or charter to the air carriers; and

11 (ii) the air carriers’ reservations systems to the extent prac12 ticable;

13 (C) the exemption is necessary to avoid unreasonable hardship for

14 the traffic in the markets that cannot be accommodated by the air car15 riers; and

16 (D) granting the exemption will not result in an unreasonable advan17 tage to any party in a labor dispute where the inability to accommodate

18 traffic in a market is a result of the dispute.

19 (2) When the Secretary grants an exemption to a foreign air carrier

20 under this subsection, the Secretary shall—

21 (A) ensure that air transportation that the foreign air carrier pro22 vides under the exemption is made available on reasonable terms;

23 (B) monitor continuously the passenger load factor of air carriers in

24 the market that hold certificates under section 41102 of this title; and

25 (C) review the exemption at least every 30 days to ensure that the

26 unusual circumstances that established the need for the exemption still

27 exist.

28 (3) The Secretary may renew an exemption (including renewals) under

29 this subsection for not more than 30 days. An exemption may continue for

30 not more than 5 days after the unusual circumstances that established the

31 need for the exemption cease.

32 (h) NOTICE AND OPPORTUNITY FOR HEARING.—The Secretary may act

33 under subsections (d) and (f)(3)(B) of this section only after giving the air

34 carrier notice and an opportunity for a hearing.

35 § 40110. General procurement authority

36 (a) GENERAL.—In carrying out this part, the Administrator of the Fed37 eral Aviation Administration may—

38 (1) acquire, to the extent that amounts are available for obligation,

39 services or an interest in property, including an interest in airspace im40 mediately adjacent to and needed for airports and other air navigation
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1 facilities owned by the United States Government and operated by the

2 Administrator;

3 (2) dispose of an interest in property for adequate compensation; and

4 (3) construct and improve laboratories and other test facilities.

5 (b) DUTIES AND POWERS.—When carrying out subsection (a) of this sec6 tion, the Administrator of the Federal Aviation Administration—

7 (1) is the senior procurement executive referred to in section 16(3)

8 of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3))

9 for approving the justification for using procedures other than competi10 tive procedures, as required under section 303(f)(1)(B)(iii) of the Fed11 eral Property and Administrative Services Act of 1949 (41 U.S.C.

12 253(f)(1)(B)(iii)); and

13 (2) may—

14 (A) lease an interest in property for not more than 20 years;

15 (B) consider the reasonable probable future use of the underly16 ing land in making an award for a condemnation of an interest

17 in airspace;

18 (C) construct, or acquire an interest in, a public building (as

19 defined in section 13 of the Public Buildings Act of 1959 (40

20 U.S.C. 612)) only under a delegation of authority from the Ad21 ministrator of General Services;

22 (D) use procedures other than competitive procedures, as pro23 vided under section 303(c) of the Federal Property and Adminis24 trative Services Act of 1949 (41 U.S.C. 253(c));

25 (E) use procedures other than competitive procedures only when

26 the property or services needed by the Administrator of the Fed27 eral Aviation Administration are available from only one respon28 sible source or only from a limited number of responsible sources

29 and no other type of property or services will satisfy the needs of

30 the Administrator; and

31 (F) dispose of property under subsection (a)(2) of this section,

32 except for airport and airway property and technical equipment

33 used for the special purposes of the Administration, only under

34 title II of the Federal Property and Administrative Services Act

35 of 1949 (40 U.S.C. 481 et seq.).

36 § 40111. Multiyear procurement contracts for services and

37 related items

38 (a) GENERAL AUTHORITY.—Notwithstanding section 1341(a)(1)(B) of

39 title 31, the Administrator of the Federal Aviation Administration may

40 make a contract of not more than 5 years for the following types of services

41 and items of supply related to those services for which amounts otherwise
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1 would be available for obligation only in the fiscal year for which appro2 priated:

3 (1) operation, maintenance, and support of facilities and installa4 tions.

5 (2) operation, maintenance, and modification of aircraft, vehicles,

6 and other highly complex equipment.

7 (3) specialized training requiring high quality instructor skills, in8 cluding training of pilots and aircrew members and foreign language

9 training.

10 (4) base services, including ground maintenance, aircraft refueling,

11 bus transportation, and refuse collection and disposal.

12 (b) REQUIRED FINDINGS.—The Administrator may make a contract

13 under this section only if the Administrator finds that—

14 (1) there will be a continuing requirement for the service consistent

15 with current plans for the proposed contract period;

16 (2) providing the service will require a substantial initial investment

17 in plant or equipment, or will incur a substantial contingent liability

18 for assembling, training, or transporting a specialized workforce; and

19 (3) the contract will promote the best interests of the United States

20 by encouraging effective competition and promoting economies in oper21 ation.

22 (c) CONSIDERATIONS.—When making a contract under this section, the

23 Administrator shall be guided by the following:

24 (1) The part of the cost of a plant or equipment amortized as a cost

25 of contract performance may not be more than the ratio between the

26 period of contract performance and the anticipated useful commercial

27 life (instead of physical life) of the plant or equipment, considering the

28 location and specialized nature of the plant or equipment, obsolescence,

29 and other similar factors.

30 (2) The Administrator shall consider the desirability of—

31 (A) obtaining an option to renew the contract for a reasonable

32 period of not more than 3 years, at a price that does not include

33 charges for nonrecurring costs already amortized; and

34 (B) reserving in the Administrator the right, on payment of the

35 unamortized part of the cost of the plant or equipment, to take

36 title to the plant or equipment under appropriate circumstances.

37 (d) ENDING CONTRACTS.—A contract made under this section shall be

38 ended if amounts are not made available to continue the contract into a sub39 sequent fiscal year. The cost of ending the contract may be paid from—

40 (1) an appropriation originally available for carrying out the con41 tract;
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1 (2) an appropriation currently available for procuring the type of

2 service concerned and not otherwise obligated; or

3 (3) amounts appropriated for payments to end the contract.

4 § 40112. Multiyear procurement contracts for property

5 (a) GENERAL AUTHORITY.—Notwithstanding section 1341(a)(1)(B) of

6 title 31 and to the extent that amounts otherwise are available for obliga7 tion, the Administrator of the Federal Aviation Administration may make

8 a contract of more than one but not more than 5 fiscal years to purchase

9 property, except a contract to construct, alter, or make a major repair or

10 improvement to real property or a contract to purchase property to which

11 section 111 of the Federal Property and Administrative Services Act of

12 1949 (40 U.S.C. 759) applies.

13 (b) REQUIRED FINDINGS.—The Administrator may make a contract

14 under this section if the Administrator finds that—

15 (1) the contract will promote the safety or efficiency of the national

16 airspace system and will result in reduced total contract costs;

17 (2) the minimum need for the property to be purchased is expected

18 to remain substantially unchanged during the proposed contract period

19 in terms of production rate, procurement rate, and total quantities;

20 (3) there is a reasonable expectation that throughout the proposed

21 contract period the Administrator will request appropriations for the

22 contract at the level required to avoid cancellation;

23 (4) there is a stable design for the property to be acquired and the

24 technical risks associated with the property are not excessive; and

25 (5) the estimates of the contract costs and the anticipated savings

26 from the contract are realistic.

27 (c) REGULATIONS.—The Administrator shall prescribe regulations for ac28 quiring property under this section to promote the use of contracts under

29 this section in a way that will allow the most efficient use of those contracts.

30 The regulations may provide for a cancellation provision in the contract to

31 the extent the provision is necessary and in the best interest of the United

32 States. The provision may include consideration of recurring and non33 recurring costs of the contractor associated with producing the item to be

34 delivered under the contract. The regulations shall provide that, to the ex35 tent practicable—

36 (1) to broaden the aviation industrial base—

37 (A) a contract under this section shall be used to seek, retain,

38 and promote the use under that contract of subcontractors, ven39 dors, or suppliers; and

40 (B) on accrual of a payment or other benefit accruing on a con41 tract under this section to a subcontractor, vendor, or supplier
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1 participating in the contract, the payment or benefit shall be deliv2 ered in the most expeditious way practicable; and

3 (2) this section and regulations prescribed under this section may

4 not be carried out in a way that precludes or curtails the existing abil5 ity of the Administrator to provide for—

6 (A) competition in producing items to be delivered under a con7 tract under this section; or

8 (B) ending a prime contract when performance is deficient with

9 respect to cost, quality, or schedule.

10 (d) CONTRACT PROVISIONS.—(1) A contract under this section may—

11 (A) be used for the advance procurement of components, parts, and

12 material necessary to manufacture equipment to be used in the na13 tional airspace system;

14 (B) provide that performance under the contract after the first year

15 is subject to amounts being appropriated; and

16 (C) contain a negotiated priced option for varying the number of end

17 items to be procured over the period of the contract.

18 (2) If feasible and practicable, an advance procurement contract may be

19 made to achieve economic-lot purchases and more efficient production rates.

20 (e) CANCELLATION PAYMENT AND NOTICE OF CANCELLATION CEIL21 ING.—(1) If a contract under this section provides that performance is sub22 ject to an appropriation being made, it also may provide for a cancellation

23 payment to be made to the contractor if the appropriation is not made.

24 (2) Before awarding a contract under this section containing a cancella25 tion ceiling of more than $100,000,000, the Administrator shall give written

26 notice of the proposed contract and cancellation ceiling to the Committee

27 on Commerce, Science, and Transportation of the Senate and the Commit28 tee on Public Works and Transportation of the House of Representatives.

29 The contract may not be awarded until the end of the 30-day period begin30 ning on the date of the notice.

31 (f) ENDING CONTRACTS.—A contract made under this section shall be

32 ended if amounts are not made available to continue the contract into a sub33 sequent fiscal year. The cost of ending the contract may be paid from—

34 (1) an appropriation originally available for carrying out the con35 tract;

36 (2) an appropriation currently available for procuring the type of

37 property concerned and not otherwise obligated; or

38 (3) amounts appropriated for payments to end the contract.

39 § 40113. Administrative

40 (a) GENERAL AUTHORITY.—The Secretary of Transportation (or the Ad41 ministrator of the Federal Aviation Administration with respect to aviation
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1 safety duties and powers designated to be carried out by the Administrator)

2 may take action the Secretary or Administrator, as appropriate, considers

3 necessary to carry out this part, including conducting investigations, pre4 scribing regulations, standards, and procedures, and issuing orders.

5 (b) HAZARDOUS MATERIAL.—In carrying out this part, the Secretary has

6 the same authority to regulate the transportation of hazardous material by

7 air that the Secretary has under section 5103 of this title. However, this

8 subsection does not prohibit or regulate the transportation of a firearm (as

9 defined in section 232 of title 18) or ammunition for a firearm, when trans10 ported by an individual for personal use.

11 (c) GOVERNMENTAL ASSISTANCE.—The Secretary (or the Administrator

12 of the Federal Aviation Administration with respect to aviation safety duties

13 and powers designated to be carried out by the Administrator) may use the

14 assistance of the Administrator of the National Aeronautics and Space Ad15 ministration and any research or technical department, agency, or instru16 mentality of the United States Government on matters related to aircraft

17 fuel and oil, and to the design, material, workmanship, construction, per18 formance, maintenance, and operation of aircraft, aircraft engines, propel19 lers, appliances, and air navigation facilities. Each department, agency, and

20 instrumentality may conduct scientific and technical research, investigations,

21 and tests necessary to assist the Secretary or Administrator of the Federal

22 Aviation Administration in carrying out this part. This part does not au23 thorize duplicating laboratory research activities of a department, agency,

24 or instrumentality.

25 (d) INDEMNIFICATION.—The Administrator of the Federal Aviation Ad26 ministration may indemnify an officer or employee of the Administration

27 against a claim or judgment arising out of an act that the Administrator

28 decides was committed within the scope of the official duties of the officer

29 or employee.

30 § 40114. Reports and records

31 (a) WRITTEN REPORTS.—(1) Except as provided in this part, the Sec32 retary of Transportation (or the Administrator of the Federal Aviation Ad33 ministration with respect to aviation safety duties and powers designated to

34 be carried out by the Administrator) shall make a written report of each

35 proceeding and investigation under this part in which a formal hearing was

36 held and shall provide a copy to each party to the proceeding or investiga37 tion. The report shall include the decision, conclusions, order, and require38 ments of the Secretary or Administrator as appropriate.

39 (2) The Secretary (or the Administrator with respect to aviation safety

40 duties and powers designated to be carried out by the Administrator) shall

41 have all reports, orders, decisions, and regulations the Secretary or Adminis-
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1 trator, as appropriate, issues or prescribes published in the form and way

2 best adapted for public use. A publication of the Secretary or Administrator

3 is competent evidence of its contents.

4 (b) PUBLIC RECORDS.—Except as provided in subpart II of this part,

5 copies of tariffs and arrangements filed with the Secretary under subpart

6 II, and the statistics, tables, and figures contained in reports made to the

7 Secretary under subpart II, are public records. The Secretary is the custo8 dian of those records. A public record, or a copy or extract of it, certified

9 by the Secretary under the seal of the Department of Transportation is

10 competent evidence in an investigation by the Secretary and in a judicial

11 proceeding.

12 § 40115. Withholding information

13 (a) OBJECTIONS TO DISCLOSURE.—(1) A person may object to the public

14 disclosure of information—

15 (A) in a record filed under this part; or

16 (B) obtained under this part by the Secretary of Transportation or

17 State or the United States Postal Service.

18 (2) An objection must be in writing and must state the reasons for the

19 objection. The Secretary of Transportation or State or the Postal Service

20 shall order the information withheld from public disclosure when the appro21 priate Secretary or the Postal Service decides that disclosure of the informa22 tion would—

23 (A) prejudice the United States Government in preparing and pre24 senting its position in international negotiations; or

25 (B) have an adverse effect on the competitive position of an air car26 rier in foreign air transportation.

27 (b) WITHHOLDING INFORMATION FROM CONGRESS.—This section does

28 not authorize information to be withheld from a committee of Congress au29 thorized to have the information.

30 § 40116. State taxation

31 (a) DEFINITION.—In this section, ‘‘State’’ includes the District of Colum32 bia, a territory or possession of the United States, and a political authority

33 of at least 2 States.

34 (b) PROHIBITIONS.—Except as provided in subsection (c) of this section

35 and section 40117 of this title, a State or political subdivision of a State

36 may not levy or collect a tax, fee, head charge, or other charge on—

37 (1) an individual traveling in air commerce;

38 (2) the transportation of an individual traveling in air commerce;

39 (3) the sale of air transportation; or

40 (4) the gross receipts from that air commerce or transportation.
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1 (c) AIRCRAFT TAKING OFF OR LANDING IN STATE.—A State or political

2 subdivision of a State may levy or collect a tax on or related to a flight

3 of a commercial aircraft or an activity or service on the aircraft only if the

4 aircraft takes off or lands in the State or political subdivision as part of

5 the flight.

6 (d) UNREASONABLE BURDENS AND DISCRIMINATION AGAINST INTER7 STATE COMMERCE.—(1) In this subsection—

8 (A) ‘‘air carrier transportation property’’ means property (as defined

9 by the Secretary of Transportation) that an air carrier providing air

10 transportation owns or uses.

11 (B) ‘‘assessment’’ means valuation for a property tax levied by a tax12 ing district.

13 (C) ‘‘assessment jurisdiction’’ means a geographical area in a State

14 used in determining the assessed value of property for ad valorem tax15 ation.

16 (D) ‘‘commercial and industrial property’’ means property (except

17 transportation property and land used primarily for agriculture or tim18 ber growing) devoted to a commercial or industrial use and subject to

19 a property tax levy.

20 (2)(A) A State, political subdivision of a State, or authority acting for

21 a State or political subdivision may not do any of the following acts because

22 those acts unreasonably burden and discriminate against interstate com23 merce:

24 (i) assess air carrier transportation property at a value that has a

25 higher ratio to the true market value of the property than the ratio

26 that the assessed value of other commercial and industrial property of

27 the same type in the same assessment jurisdiction has to the true mar28 ket value of the other commercial and industrial property.

29 (ii) levy or collect a tax on an assessment that may not be made

30 under clause (i) of this subparagraph.

31 (iii) levy or collect an ad valorem property tax on air carrier trans32 portation property at a tax rate greater than the tax rate applicable

33 to commercial and industrial property in the same assessment jurisdic34 tion.

35 (B) Subparagraph (A) of this paragraph does not apply to an in lieu tax

36 completely used for airport and aeronautical purposes.

37 (e) OTHER ALLOWABLE TAXES AND CHARGES.—Except as provided in

38 subsection (d) of this section, a State or political subdivision of a State may

39 levy or collect—
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1 (1) taxes (except those taxes enumerated in subsection (b) of this

2 section), including property taxes, net income taxes, franchise taxes,

3 and sales or use taxes on the sale of goods or services; and

4 (2) reasonable rental charges, landing fees, and other service charges

5 from aircraft operators for using airport facilities of an airport owned

6 or operated by that State or subdivision.

7 (f) PAY OF AIR CARRIER EMPLOYEES.—(1) In this subsection—

8 (A) ‘‘pay’’ means money received by an employee for services.

9 (B) ‘‘State’’ means a State of the United States, the District of Co10 lumbia, and a territory or possession of the United States.

11 (C) an employee is deemed to have earned 50 percent of the employ12 ee’s pay in a State or political subdivision of a State in which the

13 scheduled flight time of the employee in the State or subdivision is

14 more than 50 percent of the total scheduled flight time of the employee

15 when employed during the calendar year.

16 (2) The pay of an employee of an air carrier having regularly assigned

17 duties on aircraft in at least 2 States is subject to the income tax laws of

18 only the following:

19 (A) the State or political subdivision of the State that is the resi20 dence of the employee.

21 (B) the State or political subdivision of the State in which the em22 ployee earns more than 50 percent of the pay received by the employee

23 from the carrier.

24 § 40117. Passenger facility fees

25 (a) DEFINITIONS.—In this section—

26 (1) ‘‘airport’’, ‘‘commercial service airport’’, and ‘‘public agency’’

27 have the same meanings given those terms in section 47102 of this

28 title.

29 (2) ‘‘eligible agency’’ means a public agency that controls a commer30 cial service airport.

31 (3) ‘‘eligible airport-related project’’ means a project—

32 (A) for airport development or airport planning under sub33 chapter I of chapter 471 of this title;

34 (B) for terminal development described in section 47110(d) of

35 this title;

36 (C) for airport noise capability planning under section 47505 of

37 this title;

38 (D) to carry out noise compatibility measures eligible for assist39 ance under section 47504 of this title, whether or not a program

40 for those measures has been approved under section 47504; and
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1 (E) for constructing gates and related areas at which pas2 sengers board or exit aircraft.

3 (4) ‘‘passenger facility fee’’ means a fee imposed under this section.

4 (5) ‘‘passenger facility revenue’’ means revenue derived from a pas5 senger facility fee.

6 (b) GENERAL AUTHORITY.—(1) The Secretary of Transportation may au7 thorize under this section an eligible agency to impose a passenger facility

8 fee of $1, $2, or $3 on each paying passenger of an air carrier or foreign

9 air carrier boarding an aircraft at an airport the agency controls to finance

10 an eligible airport-related project, including making payments for debt serv11 ice on indebtedness incurred to carry out the project, to be carried out in

12 connection with the airport or any other airport the agency controls.

13 (2) A State, political subdivision of a State, or authority of a State or

14 political subdivision that is not the eligible agency may not regulate or pro15 hibit the imposition or collection of a passenger facility fee or the use of

16 the passenger facility revenue.

17 (3) A passenger facility fee may be imposed on a passenger of an air car18 rier or foreign air carrier originating or connecting at the commercial serv19 ice airport that the agency controls.

20 (c) APPLICATIONS.—(1) An eligible agency must submit to the Secretary

21 an application for authority to impose a passenger facility fee. The applica22 tion shall contain information and be in the form that the Secretary may

23 require by regulation.

24 (2) Before submitting an application, the eligible agency must provide

25 reasonable notice to, and an opportunity for consultation with, air carriers

26 and foreign air carriers operating at the airport. The Secretary shall pre27 scribe regulations that define reasonable notice and contain at least the fol28 lowing requirements:

29 (A) The agency must provide written notice of individual projects

30 being considered for financing by a passenger facility fee and the date

31 and location of a meeting to present the projects to air carriers and

32 foreign air carriers operating at the airport.

33 (B) Not later than 30 days after written notice is provided under

34 subparagraph (A) of this paragraph, each air carrier and foreign air

35 carrier operating at the airport must provide to the agency written no36 tice of receipt of the notice. Failure of a carrier to provide the notice

37 may be deemed certification of agreement with the project by the car38 rier under subparagraph (D) of this paragraph.

39 (C) Not later than 45 days after written notice is provided under

40 subparagraph (A) of this paragraph, the agency must conduct a meet-
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1 ing to provide air carriers and foreign air carriers with descriptions of

2 projects and justifications and a detailed financial plan for projects.

3 (D) Not later than 30 days after the meeting, each air carrier and

4 foreign air carrier must provide to the agency certification of agree5 ment or disagreement with projects (or total plan for the projects).

6 Failure to provide the certification is deemed certification of agreement

7 with the project by the carrier. A certification of disagreement is void

8 if it does not contain the reasons for the disagreement.

9 (3) After receiving an application, the Secretary shall provide notice and

10 an opportunity to air carriers, foreign air carriers, and other interested per11 sons to comment on the application. The Secretary shall make a final deci12 sion on the application not later than 120 days after receiving it.

13 (d) LIMITATIONS ON APPROVING APPLICATIONS.—The Secretary may ap14 prove an application that an eligible agency has submitted under subsection

15 (c) of this section to finance a specific project only if the Secretary finds,

16 based on the application, that—

17 (1) the amount and duration of the proposed passenger facility fee

18 will result in revenue (including interest and other returns on the reve19 nue) that is not more than the amount necessary to finance the specific

20 project; and

21 (2) each project is an eligible airport-related project that will—

22 (A) preserve or enhance capacity, safety, or security of the na23 tional air transportation system;

24 (B) reduce noise resulting from an airport that is part of the

25 system; or

26 (C) provide an opportunity for enhanced competition between or

27 among air carriers and foreign air carriers.

28 (e) LIMITATIONS ON IMPOSING FEES.—(1) An eligible agency may im29 pose a passenger facility fee only—

30 (A) if the Secretary approves an application that the agency has sub31 mitted under subsection (c) of this section; and

32 (B) subject to terms the Secretary may prescribe to carry out the

33 objectives of this section.

34 (2) A passenger facility fee may not be collected from a passenger—

35 (A) for more than 2 boardings on a one-way trip or a trip in each

36 direction of a round trip;

37 (B) for the boarding to an eligible place under subchapter II of chap38 ter 417 of this title for which essential air service compensation is paid

39 under subchapter II; and

40 (C) for a project the Secretary does not approve under this section

41 before October 1, 1993, if, during the fiscal year ending September 30,
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1 1993, the amount available for obligation under subchapter II of chap2 ter 417 of this title is less than $38,600,000, except that this clause—

3 (i) does not apply if the amount available for obligation under

4 subchapter II of chapter 417 of this title is less than $38,600,000

5 because of sequestration or other general appropriations reduc6 tions applied proportionately to appropriations accounts through7 out an appropriation law; and

8 (ii) does not affect the authority of the Secretary to approve the

9 imposition of a fee or the use of revenues, derived from a fee im10 posed under an approval made under this section, by a public

11 agency that has received an approval to impose a fee under this

12 section before September 30, 1993, regardless of whether the fee

13 is being imposed on September 30, 1993.

14 (f) LIMITATIONS ON CONTRACTS, LEASES, AND USE AGREEMENTS.—(1)

15 A contract between an air carrier or foreign air carrier and an eligible agen16 cy made at any time may not impair the authority of the agency to impose

17 a passenger facility fee or to use the passenger facility revenue as provided

18 in this section.

19 (2) A project financed with a passenger facility fee may not be subject

20 to an exclusive long-term lease or use agreement of an air carrier or foreign

21 air carrier, as defined by regulations of the Secretary.

22 (3) A lease or use agreement of an air carrier or foreign air carrier relat23 ed to a project whose construction or expansion was financed with a pas24 senger facility fee may not restrict the eligible agency from financing, devel25 oping, or assigning new capacity at the airport with passenger facility reve26 nue.

27 (g) TREATMENT OF REVENUE.—(1) Passenger facility revenue is not air28 port revenue for purposes of establishing a price under a contract between

29 an eligible agency and an air carrier or foreign air carrier.

30 (2) An eligible agency may not include in its price base the part of the

31 capital costs of a project paid for by using passenger facility revenue to es32 tablish a price under a contract between the agency and an air carrier or

33 foreign air carrier.

34 (3) For a project for terminal development, gates and related areas, or

35 a facility occupied or used by at least one air carrier or foreign air carrier

36 on an exclusive or preferential basis, a price payable by an air carrier or

37 foreign air carrier using the facilities must at least equal the price paid by

38 an air carrier or foreign air carrier using a similar facility at the airport

39 that was not financed with passenger facility revenue.

40 (h) COMPLIANCE.—(1) As necessary to ensure compliance with this sec41 tion, the Secretary shall prescribe regulations requiring recordkeeping and
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1 auditing of accounts maintained by an air carrier or foreign air carrier and

2 its agent collecting a passenger facility fee and by the eligible agency impos3 ing the fee.

4 (2) The Secretary periodically shall audit and review the use by an eligi5 ble agency of passenger facility revenue. After review and a public hearing,

6 the Secretary may end any part of the authority of the agency to impose

7 a passenger facility fee to the extent the Secretary decides that the revenue

8 is not being used as provided in this section.

9 (3) The Secretary may set off amounts necessary to ensure compliance

10 with this section against amounts otherwise payable to an eligible agency

11 under subchapter I of chapter 471 of this title if the Secretary decides a

12 passenger facility fee is excessive or that passenger facility revenue is not

13 being used as provided in this section.

14 (i) REGULATIONS.—The Secretary shall prescribe regulations necessary to

15 carry out this section. The regulations—

16 (1) may prescribe the time and form by which a passenger facility

17 fee takes effect; and

18 (2) shall—

19 (A) require an air carrier or foreign air carrier and its agent

20 to collect a passenger facility fee that an eligible agency imposes

21 under this section;

22 (B) establish procedures for handling and remitting money col23 lected;

24 (C) ensure that the money, less a uniform amount the Secretary

25 determines reflects the average necessary and reasonable expenses

26 (net of interest accruing to the carrier and agent after collection

27 and before remittance) incurred in collecting and handling the fee,

28 is paid promptly to the eligible agency for which they are collected;

29 and

30 (D) require that the amount collected for any air transportation

31 be noted on the ticket for that air transportation.

32 § 40118. Government-financed air transportation

33 (a) TRANSPORTATION BY AIR CARRIERS HOLDING CERTIFICATES.—A

34 department, agency, or instrumentality of the United States Government

35 shall take necessary steps to ensure that the transportation of passengers

36 and property by air is provided by an air carrier holding a certificate under

37 section 41102 of this title if—

38 (1) the department, agency, or instrumentality—

39 (A) obtains the transportation for itself or in carrying out an

40 arrangement under which payment is made by the Government or
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1 payment is made from amounts provided for the use of the Gov2 ernment; or

3 (B) provides the transportation to or for a foreign country or

4 international or other organization without reimbursement;

5 (2) the transportation is authorized by the certificate or by regula6 tion or exemption of the Secretary of Transportation; and

7 (3) the air carrier is—

8 (A) available, if the transportation is between a place in the

9 United States and a place outside the United States; or

10 (B) reasonably available, if the transportation is between 2

11 places outside the United States.

12 (b) TRANSPORTATION BY FOREIGN AIR CARRIERS.—This section does

13 not preclude the transportation of passengers and property by a foreign air

14 carrier if the transportation is provided under a bilateral or multilateral air

15 transportation agreement to which the Government and the government of

16 a foreign country are parties if the agreement—

17 (1) is consistent with the goals for international aviation policy of

18 section 40101(e) of this title; and

19 (2) provides for the exchange of rights or benefits of similar mag20 nitude.

21 (c) PROOF.—The Comptroller General shall allow the expenditure of an

22 appropriation for transportation in violation of this section only when satis23 factory proof is presented showing the necessity for the transportation.

24 (d) TRANSPORTATION BY FOREIGN AIR CARRIERS.—Notwithstanding

25 subsections (a) and (c) of this section, any amount appropriated to the Sec26 retary of State, the Director of the United States Information Agency, the

27 Director of the United States International Development Cooperation Agen28 cy, or the Director of the Arms Control and Disarmament Agency may be

29 used to pay for the transportation of an officer or employee of the Depart30 ment of State or one of those agencies, a dependent of the officer or em31 ployee, and accompanying baggage, by a foreign air carrier when the trans32 portation is between 2 places outside the United States.

33 (e) RELATIONSHIP TO OTHER LAWS.—This section does not affect the

34 application of the antidiscrimination provisions of this part.

35 § 40119. Security and research and development activities

36 (a) GENERAL REQUIREMENTS.—The Administrator of the Federal Avia37 tion Administration shall conduct research (including behavioral research)

38 and development activities appropriate to develop, modify, test, and evaluate

39 a system, procedure, facility, or device to protect passengers and property

40 against acts of criminal violence and aircraft piracy.
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1 (b) DISCLOSURE.—(1) Notwithstanding section 552 of title 5, the Admin2 istrator shall prescribe regulations prohibiting disclosure of information ob3 tained or developed in carrying out security or research and development

4 activities under section 44501(a) or (c), 44502(a)(1) or (3), (b), or (c),

5 44504, 44505, 44507, 44508, 44511, 44512, 44513, 44901, 44903(a), (b),

6 (c), or (e), 44905, 44912, 44935, 44936, or 44938(a) or (b) of this title

7 if the Administrator decides disclosing the information would—

8 (A) be an unwarranted invasion of personal privacy;

9 (B) reveal a trade secret or privileged or confidential commercial or

10 financial information; or

11 (C) be detrimental to the safety of passengers in air transportation.

12 (2) Paragraph (1) of this subsection does not authorize information to

13 be withheld from a committee of Congress authorized to have the informa14 tion.

15 (c) TRANSFERS OF DUTIES AND POWERS PROHIBITED.—Except as oth16 erwise provided by law, the Administrator may not transfer a duty or power

17 under this section to another department, agency, or instrumentality of the

18 United States Government.

19 § 40120. Relationship to other laws

20 (a) NONAPPLICATION.—Except as provided in the International Naviga21 tional Rules Act of 1977 (33 U.S.C. 1601 et seq.), the navigation and ship22 ping laws of the United States and the rules for the prevention of collisions

23 do not apply to aircraft or to the navigation of vessels related to those air24 craft.

25 (b) EXTENDING APPLICATION OUTSIDE UNITED STATES.—The President

26 may extend (in the way and for periods the President considers necessary)

27 the application of this part to outside the United States when—

28 (1) an international arrangement gives the United States Govern29 ment authority to make the extension; and

30 (2) the President decides the extension is in the national interest.

31 (c) ADDITIONAL REMEDIES.—A remedy under this part is in addition to

32 any other remedies provided by law.

33 SUBPART II—ECONOMIC REGULATION

34 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.
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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.

1 § 41101. Requirement for a certificate

2 (a) GENERAL.—Except as provided in this chapter or another law—

3 (1) an air carrier may provide air transportation only if the air car4 rier holds a certificate issued under this chapter authorizing the air

5 transportation;

6 (2) a charter air carrier may provide charter air transportation only

7 if the charter air carrier holds a certificate issued under this chapter

8 authorizing the charter air transportation; and

9 (3) an air carrier may provide all-cargo air transportation only if the

10 air carrier holds a certificate issued under this chapter authorizing the

11 all-cargo air transportation.

12 (b) THROUGH SERVICE AND JOINT TRANSPORTATION.—A citizen of the

13 United States providing transportation in a State of passengers or property

14 as a common carrier for compensation with aircraft capable of carrying at

15 least 30 passengers, under authority granted by the appropriate State au16 thority—

17 (1) may provide transportation for passengers and property that in18 cludes through service by the citizen over its routes in the State and

19 in air transportation by an air carrier or foreign air carrier; and

20 (2) subject to sections 41309 and 42111 of this title, may make an

21 agreement with an air carrier or foreign air carrier to provide the joint

22 transportation.

23 (c) PROPRIETARY OR EXCLUSIVE RIGHT NOT CONFERRED.—A certificate

24 issued under this chapter does not confer a proprietary or exclusive right

25 to use airspace, an airway of the United States, or an air navigation facility.

26 § 41102. General, temporary, and charter air transportation

27 certificates of air carriers

28 (a) ISSUANCE.—The Secretary of Transportation may issue a certificate

29 of public convenience and necessity to a citizen of the United States author30 izing the citizen to provide any part of the following air transportation the

31 citizen has applied for under section 41108 of this title:

32 (1) air transportation as an air carrier.

33 (2) temporary air transportation as an air carrier for a limited pe34 riod.

35 (3) charter air transportation as a charter air carrier.

36 (b) FINDINGS REQUIRED FOR ISSUANCE.—(1) Before issuing a certificate

37 under subsection (a) of this section, the Secretary must find that the citizen

38 is fit, willing, and able to provide the transportation to be authorized by

39 the certificate and to comply with this part and regulations of the Secretary.
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1 (2) In addition to the findings under paragraph (1) of this subsection,

2 the Secretary, before issuing a certificate under subsection (a) of this sec3 tion for foreign air transportation, must find that the transportation is con4 sistent with the public convenience and necessity.

5 (c) TEMPORARY CERTIFICATES.—The Secretary may issue a certificate

6 under subsection (a) of this section for interstate air transportation (except

7 the transportation of passengers) or foreign air transportation for a tem8 porary period of time (whether the application is for permanent or tem9 porary authority) when the Secretary decides that a test period is desir10 able—

11 (1) to decide if the projected services, efficiencies, methods, and

12 prices and the projected results will materialize and remain for a sus13 tained period of time; or

14 (2) to evaluate the new transportation.

15 (d) FOREIGN AIR TRANSPORTATION.—The Secretary shall submit each

16 decision authorizing the provision of foreign air transportation to the Presi17 dent under section 41307 of this title.

18 § 41103. All-cargo air transportation certificates of air car19 riers

20 (a) APPLICATIONS.—A citizen of the United States may apply to the Sec21 retary of Transportation for a certificate authorizing the citizen to provide

22 all-property air transportation. The application must contain information

23 and be in the form the Secretary by regulation requires.

24 (b) ISSUANCE.—Not later than 180 days after an application for a certifi25 cate is filed under this section, the Secretary shall issue the certificate to

26 a citizen of the United States authorizing the citizen, as an air carrier, to

27 provide any part of the all-cargo air transportation applied for unless the

28 Secretary finds that the citizen is not fit, willing, and able to provide the

29 all-cargo air transportation to be authorized by the certificate and to comply

30 with regulations of the Secretary.

31 (c) TERMS.—The Secretary may impose terms the Secretary considers

32 necessary when issuing a certificate under this section. However, the Sec33 retary may not impose terms that restrict the places served or prices

34 charged by the holder of the certificate.

35 (d) EXEMPTIONS AND STATUS.—A citizen issued a certificate under this

36 section—

37 (1) is exempt in providing the transportation under the certificate

38 from the requirements of—

39 (A) section 41101(a)(1) of this title and regulations or proce40 dures prescribed under section 41101(a)(1); and
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1 (B) other provisions of this part and regulations or procedures

2 prescribed under those provisions when the Secretary finds under

3 regulations of the Secretary that the exemption is appropriate; and

4 (2) is an air carrier under this part except to the extent the carrier

5 is exempt under this section from a requirement of this part.

6 § 41104. Additional limitations and requirements of charter

7 air carriers

8 (a) RESTRICTIONS.—The Secretary of Transportation may prescribe a

9 regulation or issue an order restricting the marketability, flexibility, acces10 sibility, or variety of charter air transportation provided under a certificate

11 issued under section 41102 of this title only to the extent required by the

12 public interest. A regulation prescribed or order issued under this subsection

13 may not be more restrictive than a regulation related to charter air trans14 portation that was in effect on October 1, 1978.

15 (b) ALASKA.—An air carrier holding a certificate issued under section

16 41102 of this title may provide charter air transportation between places

17 in Alaska only to the extent the Secretary decides the transportation is re18 quired by public convenience and necessity. The Secretary may make that

19 decision when issuing, amending, or modifying the certificate. This sub20 section does not apply to a certificate issued under section 41102 to a citi21 zen of the United States who, before July 1, 1977—

22 (1) maintained a principal place of business in Alaska; and

23 (2) conducted air transport operations between places in Alaska with

24 aircraft with a certificate for gross takeoff weight of more than 40,000

25 pounds.

26 (c) SUSPENSIONS.—(1) The Secretary shall suspend for not more than

27 30 days any part of the certificate of a charter air carrier if the Secretary

28 decides that the failure of the carrier to comply with the requirements de29 scribed in sections 41110(e) and 41112 of this title, or a regulation or order

30 of the Secretary under section 41110(e) or 41112, requires immediate sus31 pension in the interest of the rights, welfare, or safety of the public. The

32 Secretary may act under this paragraph without notice or a hearing.

33 (2) The Secretary shall begin immediately a hearing to decide if the cer34 tificate referred to in paragraph (1) of this subsection should be amended,

35 modified, suspended, or revoked. Until the hearing is completed, the Sec36 retary may suspend the certificate for additional periods totaling not more

37 than 60 days. If the Secretary decides that the carrier is complying with

38 the requirements described in sections 41110(e) and 41112 of this title and

39 regulations and orders under sections 41110(e) and 41112, the Secretary

40 immediately may end the suspension period and proceeding begun under

41 this subsection. However, the Secretary is not prevented from imposing a
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1 civil penalty on the carrier for violating the requirements described in sec2 tion 41110(e) or 41112 or a regulation or order under section 41110(e) or

3 41112.

4 § 41105. Transfers of certificates

5 (a) GENERAL.—A certificate issued under section 41102 of this title may

6 be transferred only when the Secretary of Transportation approves the

7 transfer as being consistent with the public interest.

8 (b) CERTIFICATION TO CONGRESS.—When a certificate is transferred, the

9 Secretary shall certify to the Committee on Commerce, Science, and Trans10 portation of the Senate and the Committee on Public Works and Transpor11 tation of the House of Representatives that the transfer is consistent with

12 the public interest. The Secretary shall include with the certification a re13 port analyzing the effects of the transfer on—

14 (1) the viability of each carrier involved in the transfer;

15 (2) competition in the domestic airline industry; and

16 (3) the trade position of the United States in the international air

17 transportation market.

18 § 41106. Airlift service

19 (a) GENERAL.—(1) Except as provided in subsection (b) of this section,

20 the transportation of passengers or property by transport category aircraft

21 in interstate air transportation obtained by the Secretary of Defense or the

22 Secretary of a military department through a contract of at least 31 days

23 for airlift service in the United States may be provided only by an air car24 rier that—

25 (A) has aircraft in the civil reserve air fleet or offers to place the

26 aircraft in that fleet; and

27 (B) holds a certificate issued under section 41102 of this title.

28 (2) The Secretary of Transportation shall act as expeditiously as possible

29 on an application for a certificate under section 41102 of this title to pro30 vide airlift service.

31 (b) EXCEPTION.—When the Secretary of Defense decides that no air car32 rier holding a certificate under section 41102 is capable of providing, and

33 willing to provide, the airlift service, the Secretary of Defense may make

34 a contract to provide the service with an air carrier not having a certificate.

35 § 41107. Transportation of mail

36 When the United States Postal Service finds that the needs of the Postal

37 Service require the transportation of mail by aircraft in foreign air transpor38 tation or between places in Alaska, in addition to the transportation of mail

39 authorized under certificates in effect, the Postal Service shall certify that

40 finding to the Secretary of Transportation with a statement about the addi41 tional transportation and facilities necessary to provide the additional trans-
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1 portation. A copy of each certification and statement shall be posted for at

2 least 20 days in the office of the Secretary. After notice and an opportunity

3 for a hearing, the Secretary shall issue a new certificate under section

4 41102 of this title, or amend or modify an existing certificate under section

5 41110(a)(2)(A) of this title, to provide the additional transportation and fa6 cilities if the Secretary finds the additional transportation is required by the

7 public convenience and necessity.

8 § 41108. Applications for certificates

9 (a) FORM, CONTENTS, AND PROOF OF SERVICE.—To be issued a certifi10 cate of public convenience and necessity under section 41102 of this title,

11 a citizen of the United States must apply to the Secretary of Transpor12 tation. The application must—

13 (1) be in the form and contain information required by regulations

14 of the Secretary; and

15 (2) be accompanied by proof of service on interested persons as re16 quired by regulations of the Secretary and on each community that

17 may be affected by the issuance of the certificate.

18 (b) NOTICE, RESPONSE, AND ACTIONS ON APPLICATIONS.—(1) When an

19 application is filed, the Secretary shall post a notice of the application in

20 the office of the Secretary and give notice of the application to other per21 sons as required by regulations of the Secretary. An interested person may

22 file a response with the Secretary opposing or supporting the issuance of

23 the certificate. Not later than 90 days after the application is filed, the Sec24 retary shall—

25 (A) provide an opportunity for a public hearing on the application;

26 (B) begin the procedure under section 41111 of this title; or

27 (C) dismiss the application on its merits.

28 (2) An order of dismissal issued by the Secretary under paragraph (1)(C)

29 of this subsection is a final order and may be reviewed judicially under sec30 tion 46110 of this title.

31 (3) If the Secretary provides an opportunity for a hearing under para32 graph (1)(A) of this subsection, an initial or recommended decision shall be

33 issued not later than 150 days after the date the Secretary provides the op34 portunity. The Secretary shall issue a final order on the application not

35 later than 90 days after the decision is issued. However, if the Secretary

36 does not act within the 90-day period, the initial or recommended decision

37 on an application to provide—

38 (A) interstate air transportation is a final order and may be reviewed

39 judicially under section 46110 of this title; and

40 (B) foreign air transportation shall be submitted to the President

41 under section 41307 of this title.
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1 (4) If the Secretary acts under paragraph (1)(B) of this subsection, the

2 Secretary shall issue a final order on the application not later than 180 days

3 after beginning the procedure on the application.

4 (5) If a citizen applying for a certificate does not meet the procedural

5 schedule adopted by the Secretary in a proceeding, the Secretary may ex6 tend the period for acting under paragraphs (3) and (4) of this subsection

7 by a period equal to the period of delay caused by the citizen. In addition

8 to an extension under this paragraph, an initial or recommended decision

9 under paragraph (3) of this subsection may be delayed for not more than

10 30 days in extraordinary circumstances.

11 (c) PROOF REQUIREMENTS.—(1) A citizen applying for a certificate must

12 prove that the citizen is fit, willing, and able to provide the transportation

13 referred to in section 41102 of this title and to comply with this part.

14 (2) A person opposing a citizen applying for a certificate must prove that

15 the transportation referred to in section 41102(b)(2) of this title is not con16 sistent with the public convenience and necessity. The transportation is

17 deemed to be consistent with the public convenience and necessity unless the

18 Secretary finds, by a preponderance of the evidence, that the transportation

19 is not consistent with the public convenience and necessity.

20 § 41109. Terms of certificates

21 (a) GENERAL.—(1) Each certificate issued under section 41102 of this

22 title shall specify the type of transportation to be provided.

23 (2) The Secretary of Transportation—

24 (A) may prescribe terms for providing air transportation under the

25 certificate that the Secretary finds may be required in the public inter26 est; but

27 (B) may not prescribe a term preventing an air carrier from adding

28 or changing schedules, equipment, accommodations, and facilities for

29 providing the authorized transportation to satisfy business development

30 and public demand.

31 (3) A certificate issued under section 41102 of this title to provide foreign

32 air transportation shall specify the places between which the air carrier is

33 authorized to provide the transportation only to the extent the Secretary

34 considers practicable and otherwise only shall specify each general route to

35 be followed. The Secretary shall authorize an air carrier holding a certificate

36 to provide foreign air transportation to handle and transport mail of coun37 tries other than the United States.

38 (4) A certificate issued under section 41102 of this title to provide foreign

39 charter air transportation shall specify the places between which the air car40 rier is authorized to provide the transportation only to the extent the Sec-
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1 retary considers practicable and otherwise only shall specify each geographi2 cal area in which, or between which, the transportation may be provided.

3 (b) MODIFYING TERMS.—(1) An air carrier may file with the Secretary

4 an application to modify any term of its certificate issued under section

5 41102 of this title to provide interstate or foreign air transportation. Not

6 later than 60 days after an application is filed, the Secretary shall—

7 (A) provide the carrier an opportunity for an oral evidentiary hearing

8 on the record; or

9 (B) begin to consider the application under section 41111 of this

10 title.

11 (2) The Secretary shall modify each term the Secretary finds to be incon12 sistent with the criteria under section 40101(a) and (b) of this title.

13 (3) An application under this subsection may not be dismissed under sec14 tion 41108(b)(1)(C) of this title.

15 § 41110. Effective periods and amendments, modifications,

16 suspensions, and revocations of certificates

17 (a) GENERAL.—(1) Each certificate issued under section 41102 of this

18 title is effective from the date specified in it and remains in effect until—

19 (A) the Secretary of Transportation suspends or revokes the certifi20 cate under this section;

21 (B) the end of the period the Secretary specifies for an air carrier

22 having a certificate of temporary authority issued under section

23 41102(a)(2) of this title; or

24 (C) the Secretary certifies that transportation is no longer being pro25 vided under a certificate.

26 (2) On application or on the initiative of the Secretary and after notice

27 and an opportunity for a hearing or, except as provided in paragraph (4)

28 of this subsection, under section 41111 of this title, the Secretary may—

29 (A) amend, modify, or suspend any part of a certificate if the Sec30 retary finds the public convenience and necessity require amendment,

31 modification, or suspension; and

32 (B) revoke any part of a certificate if the Secretary finds that the

33 holder of the certificate intentionally does not comply with this chapter,

34 sections 41308–41310(a), 41501, 41503, 41504, 41506, 41510, 41511,

35 41701, 41702, 41705–41709, 41711, 41712, and 41731–41742, chap36 ter 419, subchapter II of chapter 421, and section 46301(b) of this

37 title, a regulation or order of the Secretary under any of those provi38 sions, or a term of its certificate.

39 (3) The Secretary may revoke a certificate under paragraph (2)(B) of

40 this subsection only if the holder of the certificate does not comply, within
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1 a reasonable time the Secretary specifies, with an order to the holder requir2 ing compliance.

3 (4) A certificate to provide foreign air transportation may not be amend4 ed, modified, suspended, or revoked under section 41111 of this title if the

5 holder of the certificate requests an oral evidentiary hearing or the Sec6 retary finds, under all the facts and circumstances, that the hearing is re7 quired in the public interest.

8 (b) ALL-CARGO AIR TRANSPORTATION.—The Secretary may order that a

9 certificate issued under section 41103 of this title authorizing all-cargo air

10 transportation is ineffective if, after notice and an opportunity for a hear11 ing, the Secretary finds that the transportation is not provided to the mini12 mum extent specified by the Secretary.

13 (c) FOREIGN AIR TRANSPORTATION.—(1) Notwithstanding subsection

14 (a)(2)–(4) of this section, after notice and a reasonable opportunity for the

15 affected air carrier to present its views, but without a hearing, the Secretary

16 may suspend or revoke the authority of an air carrier to provide foreign air

17 transportation to a place under a certificate issued under section 41102 of

18 this title if the carrier—

19 (A) notifies the Secretary, under section 41734(a) of this title or a

20 regulation of the Secretary, that it intends to suspend all transpor21 tation to that place; or

22 (B) does not provide regularly scheduled transportation to the place

23 for 90 days immediately before the date the Secretary notifies the car24 rier of the action the Secretary proposes.

25 (2) Paragraph (1)(B) of this subsection does not apply to a place pro26 vided seasonal transportation comparable to the transportation provided

27 during the prior year.

28 (d) TEMPORARY CERTIFICATES.—On application or on the initiative of

29 the Secretary, the Secretary may—

30 (1) review the performance of an air carrier issued a certificate

31 under section 41102(c) of this title on the basis that the air carrier

32 will provide innovative or low-priced air transportation under the cer33 tificate; and

34 (2) amend, modify, suspend, or revoke the certificate or authority

35 under subsection (a)(2) or (c) of this section if the air carrier has not

36 provided, or is not providing, the transportation.

37 (e) CONTINUING REQUIREMENTS.—After notice and an opportunity for a

38 hearing, the Secretary shall amend, modify, suspend, or revoke any part of

39 a certificate issued under section 41102 of this title if the Secretary finds

40 that the air carrier—
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1 (1) is not fit, willing, and able to continue to provide the transpor2 tation authorized by the certificate and to comply with this part and

3 regulations of the Secretary; or

4 (2) does not file reports necessary for the Secretary to decide if the

5 carrier is complying with the requirements of clause (1) of this sub6 section.

7 (f) ILLEGAL IMPORTATION OF CONTROLLED SUBSTANCES.—The Sec8 retary—

9 (1) in consultation with appropriate departments, agencies, and in10 strumentalities of the United States Government, shall reexamine im11 mediately the fitness of an air carrier that—

12 (A) violates the laws and regulations of the United States relat13 ed to the illegal importation of a controlled substance; or

14 (B) does not adopt available measures to prevent the illegal im15 portation of a controlled substance into the United States on its

16 aircraft; and

17 (2) when appropriate, shall amend, modify, suspend, or revoke the

18 certificate of the carrier issued under this chapter.

19 (g) RESPONSES.—An interested person may file a response with the Sec20 retary opposing or supporting the amendment, modification, suspension, or

21 revocation of a certificate under subsection (a) of this section.

22 § 41111. Simplified procedure to apply for, amend, modify,

23 suspend, and transfer certificates

24 (a) GENERAL REQUIREMENTS.—(1) The Secretary of Transportation

25 shall prescribe regulations that simplify the procedure for—

26 (A) acting on an application for a certificate to provide air transpor27 tation under section 41102 of this title; and

28 (B) amending, modifying, suspending, or transferring any part of

29 that certificate under section 41105 or 41110(a) or (c) of this title.

30 (2) Regulations under this section shall provide for notice and an oppor31 tunity for each interested person to file appropriate written evidence and ar32 gument. An oral evidentiary hearing is not required to be provided under

33 this section.

34 (b) WHEN SIMPLIFIED PROCEDURE USED.—The Secretary may use the

35 simplified procedure to act on an application for a certificate to provide air

36 transportation under section 41102 of this title, or to amend, modify, sus37 pend, or transfer any part of that certificate under section 41105 or

38 41110(a) or (c) of this title, when the Secretary decides the use of the pro39 cedure is in the public interest.
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1 (c) CONTENTS.—(1) To the extent the Secretary finds practicable, regula2 tions under this section shall include each standard the Secretary will apply

3 when—

4 (A) deciding whether to use the simplified procedure; and

5 (B) making a decision on an action in which the procedure is used.

6 (2) The regulations may provide that written evidence and argument may

7 be filed under section 41108(b) of this title as a part of a response opposing

8 or supporting the issuance of a certificate.

9 § 41112. Liability insurance and financial responsibility

10 (a) LIABILITY INSURANCE.—The Secretary of Transportation may issue

11 a certificate to a citizen of the United States to provide air transportation

12 as an air carrier under section 41102 of this title only if the citizen complies

13 with regulations and orders of the Secretary governing the filing of an in14 surance policy or self-insurance plan approved by the Secretary. The policy

15 or plan must be sufficient to pay, not more than the amount of the insur16 ance, for bodily injury to, or death of, an individual or for loss of, or dam17 age to, property of others, resulting from the operation or maintenance of

18 the aircraft under the certificate. A certificate does not remain in effect un19 less the carrier complies with this subsection.

20 (b) FINANCIAL RESPONSIBILITY.—To protect passengers and shippers

21 using an aircraft operated by an air carrier issued a certificate under sec22 tion 41102 of this title, the Secretary may require the carrier to file a per23 formance bond or equivalent security in the amount and on terms the Sec24 retary prescribes. The bond or security must be sufficient to ensure the car25 rier adequately will pay the passengers and shippers when the transpor26 tation the carrier agrees to provide is not provided. The Secretary shall pre27 scribe the amounts to be paid under this subsection.

28 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.

29 § 41301. Requirement for a permit

30 A foreign air carrier may provide foreign air transportation only if the

31 foreign air carrier holds a permit issued under this chapter authorizing the

32 foreign air transportation.
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1 § 41302. Permits of foreign air carriers

2 The Secretary of Transportation may issue a permit to a person (except

3 a citizen of the United States) authorizing the person to provide foreign air

4 transportation as a foreign air carrier if the Secretary finds that—

5 (1) the person is fit, willing, and able to provide the foreign air

6 transportation to be authorized by the permit and to comply with this

7 part and regulations of the Secretary; and

8 (2)(A) the person is qualified, and has been designated by the gov9 ernment of its country, to provide the foreign air transportation under

10 an agreement with the United States Government; or

11 (B) the foreign air transportation to be provided under the permit

12 will be in the public interest.

13 § 41303. Transfers of permits

14 A permit issued under section 41302 of this title may be transferred only

15 when the Secretary of Transportation approves the transfer because the

16 transfer is in the public interest.

17 § 41304. Effective periods and amendments, modifications,

18 suspensions, and revocations of permits

19 (a) GENERAL.—The Secretary of Transportation may prescribe the pe20 riod during which a permit issued under section 41302 of this title is in

21 effect. After notice and an opportunity for a hearing, the Secretary may

22 amend, modify, suspend, or revoke the permit if the Secretary finds that

23 action to be in the public interest.

24 (b) SUSPENSIONS AND RESTRICTIONS.—Without a hearing, but subject

25 to the approval of the President, the Secretary—

26 (1) may suspend summarily the permits of foreign air carriers of a

27 foreign country, or amend, modify, or limit the operations of the for28 eign air carriers under the permits, when the Secretary finds—

29 (A) the action is in the public interest; and

30 (B) the government, an aeronautical authority, or a foreign air

31 carrier of the foreign country, over the objection of the United

32 States Government, has—

33 (i) limited or denied the operating rights of an air carrier;

34 or

35 (ii) engaged in unfair, discriminatory, or restrictive prac36 tices that have a substantial adverse competitive impact on an

37 air carrier related to air transportation to, from, through, or

38 over the territory of the foreign country; and

39 (2) to make this subsection effective, may restrict operations between

40 the United States and the foreign country by a foreign air carrier of

41 a third country.
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1 (c) ILLEGAL IMPORTATION OF CONTROLLED SUBSTANCES.—The Sec2 retary—

3 (1) in consultation with appropriate departments, agencies, and in4 strumentalities of the Government, shall reexamine immediately the fit5 ness of a foreign air carrier that—

6 (A) violates the laws and regulations of the United States relat7 ed to the illegal importation of a controlled substance; or

8 (B) does not adopt available measures to prevent the illegal im9 portation of a controlled substance into the United States on its

10 aircraft; and

11 (2) when appropriate, shall amend, modify, suspend, or revoke the

12 permit of the carrier issued under this chapter.

13 (d) RESPONSES.—An interested person may file a response with the Sec14 retary opposing or supporting the amendment, modification, suspension, or

15 revocation of a permit under subsection (a) of this section.

16 § 41305. Applications for permits

17 (a) FORM, CONTENTS, NOTICE, RESPONSE, AND ACTIONS ON APPLICA18 TIONS.—(1) A person must apply in writing to the Secretary of Transpor19 tation to be issued a permit under section 41302 of this title. The Secretary

20 shall prescribe regulations to require that the application be—

21 (A) verified;

22 (B) in a certain form and contain certain information;

23 (C) served on interested persons; and

24 (D) accompanied by proof of service on those persons.

25 (2) When an application is filed, the Secretary shall post a notice of the

26 application in the office of the Secretary and give notice of the application

27 to other persons as required by regulations of the Secretary. An interested

28 person may file a response with the Secretary opposing or supporting the

29 issuance of the permit. The Secretary shall act on an application as expedi30 tiously as possible.

31 (b) TERMS.—The Secretary may impose terms for providing foreign air

32 transportation under the permit that the Secretary finds may be required

33 in the public interest.

34 § 41306. Simplified procedure to apply for, amend, modify,

35 and suspend permits

36 (a) REGULATIONS.—The Secretary of Transportation shall prescribe reg37 ulations that simplify the procedure for—

38 (1) acting on an application for a permit to provide foreign air trans39 portation under section 41302 of this title; and

40 (2) amending, modifying, or suspending any part of that permit

41 under section 41304(a) or (b) of this title.
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1 (b) NOTICE AND OPPORTUNITY TO RESPOND.—Regulations under this

2 section shall provide for notice and an opportunity for each interested per3 son to file appropriate written evidence and argument. An oral evidentiary

4 hearing is not required to be provided under this section.

5 § 41307. Presidential review of actions about foreign air

6 transportation

7 The Secretary of Transportation shall submit to the President for review

8 each decision of the Secretary to issue, deny, amend, modify, suspend, re9 voke, or transfer a certificate issued under section 41102 of this title au10 thorizing an air carrier, or a permit issued under section 41302 of this title

11 authorizing a foreign air carrier, to provide foreign air transportation. The

12 President may disapprove the decision of the Secretary only if the reason

13 for disapproval is based on foreign relations or national defense consider14 ations that are under the jurisdiction of the President. The President may

15 not disapprove a decision of the Secretary if the reason is economic or relat16 ed to carrier selection. A decision of the Secretary—

17 (1) is void if the President disapproves the decision and publishes

18 the reasons (to the extent allowed by national security) for disapproval

19 not later than 60 days after it is submitted to the President; or

20 (2)(A) takes effect as a decision of the Secretary if the President

21 does not disapprove the decision not later than 60 days after the deci22 sion is submitted to the President; and

23 (B) when effective, may be reviewed judicially under section 46110

24 of this title.

25 § 41308. Exemption from the antitrust laws

26 (a) DEFINITION.—In this section, ‘‘antitrust laws’’ has the same meaning

27 given that term in the first section of the Clayton Act (15 U.S.C. 12).

28 (b) EXEMPTION AUTHORIZED.—When the Secretary of Transportation

29 decides it is required by the public interest, the Secretary, as part of an

30 order under section 41309 or 42111 of this title, may exempt a person af31 fected by the order from the antitrust laws to the extent necessary to allow

32 the person to proceed with the transaction specifically approved by the order

33 and with any transaction necessarily contemplated by the order.

34 (c) EXEMPTION REQUIRED.—In an order under section 41309 of this

35 title approving an agreement, request, modification, or cancellation, the Sec36 retary, on the basis of the findings required under section 41309(b)(1), shall

37 exempt a person affected by the order from the antitrust laws to the extent

38 necessary to allow the person to proceed with the transaction specifically ap39 proved by the order and with any transaction necessarily contemplated by

40 the order.
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1 § 41309. Cooperative agreements and requests

2 (a) FILING.—An air carrier or foreign air carrier may file with the Sec3 retary of Transportation a true copy of or, if oral, a true and complete

4 memorandum of, an agreement (except an agreement related to interstate

5 air transportation), or a request for authority to discuss cooperative ar6 rangements (except arrangements related to interstate air transportation),

7 and any modification or cancellation of an agreement, between the air car8 rier or foreign air carrier and another air carrier, a foreign carrier, or an9 other carrier.

10 (b) APPROVAL.—The Secretary of Transportation shall approve an agree11 ment, request, modification, or cancellation referred to in subsection (a) of

12 this section when the Secretary finds it is not adverse to the public interest

13 and is not in violation of this part. However, the Secretary shall dis14 approve—

15 (1) or, after periodic review, end approval of, an agreement, request,

16 modification, or cancellation, that substantially reduces or eliminates

17 competition unless the Secretary finds that—

18 (A) the agreement, request, modification, or cancellation is nec19 essary to meet a serious transportation need or to achieve impor20 tant public benefits (including international comity and foreign

21 policy considerations); and

22 (B) the transportation need cannot be met or those benefits

23 cannot be achieved by reasonably available alternatives that are

24 materially less anticompetitive; or

25 (2) an agreement that—

26 (A) is between an air carrier not directly operating aircraft in

27 foreign air transportation and a common carrier subject to subtitle

28 IV of this title; and

29 (B) governs the compensation the common carrier may receive

30 for the transportation.

31 (c) NOTICE AND OPPORTUNITY TO RESPOND OR FOR HEARING.—(1)

32 When an agreement, request, modification, or cancellation is filed, the Sec33 retary of Transportation shall give the Attorney General and the Secretary

34 of State written notice of, and an opportunity to submit written comments

35 about, the filing. On the initiative of the Secretary of Transportation or on

36 request of the Attorney General or Secretary of State, the Secretary of

37 Transportation may conduct a hearing to decide whether an agreement, re38 quest, modification, or cancellation is consistent with this part whether or

39 not it was approved previously.

40 (2) In a proceeding before the Secretary of Transportation applying

41 standards under subsection (b)(1) of this section, a party opposing an
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1 agreement, request, modification, or cancellation has the burden of proving

2 that it substantially reduces or eliminates competition and that less anti3 competitive alternatives are available. The party defending the agreement,

4 request, modification, or cancellation has the burden of proving the trans5 portation need or public benefits.

6 (3) The Secretary of Transportation shall include the findings required

7 by subsection (b)(1) of this section in an order of the Secretary approving

8 or disapproving an agreement, request, modification, or cancellation.

9 § 41310. Discriminatory practices

10 (a) PROHIBITION.—An air carrier or foreign air carrier may not subject

11 a person, place, port, or type of traffic in foreign air transportation to un12 reasonable discrimination.

13 (b) REVIEW AND NEGOTIATION OF DISCRIMINATORY FOREIGN

14 CHARGES.—(1) The Secretary of Transportation shall survey charges im15 posed on an air carrier by the government of a foreign country or another

16 foreign entity for the use of airport property or airway property in foreign

17 air transportation. If the Secretary of Transportation decides that a charge

18 is discriminatory, the Secretary promptly shall report the decision to the

19 Secretary of State. The Secretaries of State and Transportation promptly

20 shall begin negotiations with the appropriate government to end the dis21 crimination. If the discrimination is not ended in a reasonable time through

22 negotiation, the Secretary of Transportation shall establish a compensating

23 charge equal to the discriminatory charge. With the approval of the Sec24 retary of State, the Secretary of the Treasury shall impose the compensat25 ing charge on a foreign air carrier of that country as a condition to accept26 ing the general declaration of the aircraft of the foreign air carrier when

27 it lands or takes off.

28 (2) The Secretary of the Treasury shall maintain an account to credit

29 money collected under paragraph (1) of this subsection. An air carrier shall

30 be paid from the account an amount certified by the Secretary of Transpor31 tation to compensate the air carrier for the discriminatory charge paid to

32 the government.

33 (c) ACTIONS AGAINST DISCRIMINATORY ACTIVITY.—(1) The Secretary of

34 Transportation may take actions the Secretary considers are in the public

35 interest to eliminate an activity of a government of a foreign country or an36 other foreign entity, including a foreign air carrier, when the Secretary, on

37 the initiative of the Secretary or on complaint, decides that the activity—

38 (A) is an unjustifiable or unreasonable discriminatory, predatory, or

39 anticompetitive practice against an air carrier; or

40 (B) imposes an unjustifiable or unreasonable restriction on access of

41 an air carrier to a foreign market.
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1 (2) The Secretary of Transportation may deny, amend, modify, suspend,

2 revoke, or transfer under paragraph (1) of this subsection a foreign air car3 rier permit or tariff under section 41302, 41303, 41304(a), 41504(c),

4 41507, or 41509 of this title.

5 (d) FILING OF, AND ACTING ON, COMPLAINTS.—(1) An air carrier or a

6 department, agency, or instrumentality of the United States Government

7 may file a complaint under subsection (c) of this section with the Secretary

8 of Transportation. The Secretary shall approve, deny, or dismiss the com9 plaint, set the complaint for a hearing or investigation, or begin another

10 proceeding proposing remedial action not later than 60 days after receiving

11 the complaint. The Secretary may extend the period for acting for addi12 tional periods totaling not more than 30 days if the Secretary decides that

13 with additional time it is likely that a complaint can be resolved satisfac14 torily through negotiations with the government of the foreign country or

15 foreign entity. The Secretary must act not later than 90 days after receiving

16 the complaint. However, the Secretary may extend this 90-day period for

17 not more than an additional 90 days if, on the last day of the initial 90-

18 day period, the Secretary finds that—

19 (A) negotiations with the government have progressed to a point that

20 a satisfactory resolution of the complaint appears imminent;

21 (B) an air carrier has not been subjected to economic injury by the

22 government or entity as a result of filing the complaint; and

23 (C) the public interest requires additional time before the Secretary

24 acts on the complaint.

25 (2) In carrying out paragraph (1) of this subsection and subsection (c)

26 of this section, the Secretary of Transportation shall—

27 (A) solicit the views of the Secretaries of Commerce and State and

28 the United States Trade Representative;

29 (B) give an affected air carrier or foreign air carrier reasonable no30 tice and an opportunity to submit written evidence and arguments

31 within the time limits of this subsection; and

32 (C) submit to the President under section 41307 or 41509(f) of this

33 title actions proposed by the Secretary of Transportation.

34 (e) REVIEW.—(1) The Secretaries of State, the Treasury, and Transpor35 tation and the heads of other departments, agencies, and instrumentalities

36 of the Government shall keep under review, to the extent of each of their

37 jurisdictions, each form of discrimination or unfair competitive practice to

38 which an air carrier is subject when providing foreign air transportation.

39 Each Secretary and head shall—

40 (A) take appropriate action to eliminate any discrimination or unfair

41 competitive practice found to exist; and
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1 (B) request Congress to enact legislation when the authority to elimi2 nate the discrimination or unfair practice is inadequate.

3 (2) The Secretary of Transportation shall report to Congress annually on

4 each action taken under paragraph (1) of this subsection and on the con5 tinuing program to eliminate discrimination and unfair competitive prac6 tices. The Secretaries of State and the Treasury each shall give the Sec7 retary of Transportation information necessary to prepare the report.

8 (f) REPORTS.—Not later than 30 days after acting on a complaint under

9 this section, the Secretary of Transportation shall report to the Committee

10 on Public Works and Transportation of the House of Representatives and

11 the Committee on Commerce, Science, and Transportation of the Senate on

12 action taken under this section on the complaint.

13 CHAPTER 415—PRICING

Sec.

41501. Establishing reasonable prices, classifications, rules, practices, and divisions of joint

prices for foreign air transportation.

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.

14 § 41501. Establishing reasonable prices, classifications,

15 rules, practices, and divisions of joint prices for

16 foreign air transportation

17 Every air carrier and foreign air carrier shall establish, comply with, and

18 enforce—

19 (1) reasonable prices, classifications, rules, and practices related to

20 foreign air transportation; and

21 (2) for joint prices established for foreign air transportation, reason22 able divisions of those prices among the participating air carriers or

23 foreign air carriers without unreasonably discriminating against any of

24 those carriers.

25 § 41502. Establishing joint prices for through routes with

26 other common carriers

27 (a) JOINT PRICES.—An air carrier may establish reasonable joint prices

28 and through service with another common carrier. However, an air carrier

29 not directly operating aircraft in air transportation (except an air express

30 company) may not establish under this section a joint price for the trans-
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1 portation of property with a common carrier subject to subtitle IV of this

2 title.

3 (b) PRICES, CLASSIFICATIONS, RULES, AND PRACTICES AND DIVISIONS

4 OF JOINT PRICES.—For through service by an air carrier and a common

5 carrier subject to subtitle IV of this title, the participating carriers shall es6 tablish—

7 (1) reasonable prices and reasonable classifications, rules, and prac8 tices affecting those prices or the value of the transportation provided

9 under those prices; and

10 (2) for joint prices established for the through service, reasonable di11 visions of those joint prices among the participating carriers.

12 (c) STATEMENTS INCLUDED IN TARIFFS.—An air carrier and a common

13 carrier subject to subtitle IV of this title that are participating in through

14 service and joint prices shall include in their tariffs, filed with the Secretary

15 of Transportation, a statement showing the through service and joint prices.

16 § 41503. Establishing joint prices for through routes pro17 vided by State authorized carriers

18 Subject to sections 41309 and 42111 of this title, a citizen of the United

19 States providing transportation under section 41101(b) of this title may

20 make an agreement with an air carrier or foreign air carrier for joint prices

21 for that transportation. The joint prices agreed to must be the lowest of—

22 (1) the sum of the applicable prices for—

23 (A) the part of the transportation provided in the State and ap24 proved by the appropriate State authority; and

25 (B) the part of the transportation provided by the air carrier

26 or foreign air carrier;

27 (2) a joint price established and filed under section 41504 of this

28 title; or

29 (3) a joint price prescribed by the Secretary of Transportation under

30 section 41507 of this title.

31 § 41504. Tariffs for foreign air transportation

32 (a) FILING AND CONTENTS.—In the way prescribed by regulation by the

33 Secretary of Transportation, every air carrier and foreign air carrier shall

34 file with the Secretary, publish, and keep open to public inspection, tariffs

35 showing the prices for the foreign air transportation provided between

36 places served by the carrier and provided between places served by the car37 rier and places served by another air carrier or foreign air carrier with

38 which through service and joint prices have been established. A tariff—

39 (1) shall contain—
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1 (A) to the extent the Secretary requires by regulation, a descrip2 tion of the classifications, rules, and practices related to the for3 eign air transportation;

4 (B) a statement of the prices in money of the United States;

5 and

6 (C) other information the Secretary requires by regulation; and

7 (2) may contain—

8 (A) a statement of the prices in money that is not money of the

9 United States; and

10 (B) information that is required under the laws of a foreign

11 country in or to which the air carrier or foreign air carrier is au12 thorized to operate.

13 (b) CHANGES.—(1) Except as provided in paragraph (2) of this sub14 section, an air carrier or foreign air carrier may change a price or a classi15 fication, rule, or practice affecting that price or the value of the transpor16 tation provided under that price, specified in a tariff of the carrier for for17 eign air transportation only after 30 days after the carrier has filed, pub18 lished, and posted notice of the proposed change in the same way as re19 quired for a tariff under subsection (a) of this section. However, the Sec20 retary may prescribe an alternative notice requirement, of at least 25 days,

21 to allow an air carrier or foreign air carrier to match a proposed change

22 in a passenger fare or a charge of another air carrier or foreign air carrier.

23 A notice under this paragraph must state plainly the change proposed and

24 when the change will take effect.

25 (2) If the effect of a proposed change would be to begin a passenger fare

26 that is outside of, or not covered by, the range of passenger fares specified

27 under section 41509(e)(2) and (3) of this title, the proposed change may

28 be put into effect only on the expiration of 60 days after the notice is filed

29 under regulations prescribed by the Secretary.

30 (c) REJECTION OF CHANGES.—The Secretary may reject a tariff or tariff

31 change that is not consistent with this section and regulations prescribed

32 by the Secretary. A tariff or change that is rejected is void.

33 § 41505. Uniform methods for establishing joint prices, and

34 divisions of joint prices, applicable to commuter

35 air carriers

36 (a) DEFINITION.—In this section, ‘‘commuter air carrier’’ means an air

37 carrier providing transportation under section 40109(f) of this title that

38 provides at least 5 scheduled roundtrips a week between the same 2 places.

39 (b) GENERAL.—Except as provided in subsection (c) of this section, when

40 the Secretary of Transportation prescribes under section 41508 or 41509

41 of this title a uniform method generally applicable to establishing joint
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1 prices and divisions of joint prices for and between air carriers holding cer2 tificates issued under section 41102 of this title, the Secretary shall make

3 that uniform method apply to establishing joint prices and divisions of joint

4 prices for and between air carriers and commuter air carriers.

5 (c) NOTICE REQUIRED BEFORE MODIFYING, SUSPENDING, OR ENDING

6 TRANSPORTATION.—A commuter air carrier that has an agreement with an

7 air carrier to provide transportation for passengers and property that in8 cludes through service by the commuter air carrier over the commuter air

9 carrier’s routes and air transportation provided by the air carrier shall give

10 the air carrier and the Secretary at least 90 days’ notice before modifying,

11 suspending, or ending the transportation. If the commuter air carrier does

12 not give that notice, the uniform method of establishing joint prices and di13 visions of joint prices referred to in subsection (b) of this section does not

14 apply to the commuter air carrier.

15 § 41506. Price division filing requirements for foreign air

16 transportation

17 Every air carrier and foreign air carrier shall keep currently on file with

18 the Secretary of Transportation, if the Secretary requires, the established

19 divisions of all joint prices for foreign air transportation in which the carrier

20 participates.

21 § 41507. Authority of the Secretary of Transportation to

22 change prices, classifications, rules, and practices

23 for foreign air transportation

24 (a) GENERAL.—When the Secretary of Transportation decides that a

25 price charged or received by an air carrier or foreign air carrier for foreign

26 air transportation, or a classification, rule, or practice affecting that price

27 or the value of the transportation provided under that price, is or will be

28 unreasonably discriminatory, the Secretary may—

29 (1) change the price, classification, rule, or practice as necessary to

30 correct the discrimination; and

31 (2) order the air carrier or foreign air carrier to stop charging or

32 collecting the discriminatory price or carrying out the discriminatory

33 classification, rule, or practice.

34 (b) WHEN SECRETARY MAY ACT.—The Secretary may act under this sec35 tion on the Secretary’s own initiative or on a complaint filed with the Sec36 retary and only after notice and an opportunity for a hearing.

37 § 41508. Authority of the Secretary of Transportation to ad38 just divisions of joint prices for foreign air trans39 portation

40 (a) GENERAL.—When the Secretary of Transportation decides that a di41 vision between air carriers, foreign air carriers, or both, of a joint price for
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1 foreign air transportation is or will be unreasonable or unreasonably dis2 criminatory against any of those carriers, the Secretary shall prescribe a

3 reasonable division of the joint price among those carriers. The Secretary

4 may order the adjustment in the division of the joint price to be made retro5 actively to the date the complaint was filed, the date the order for an inves6 tigation was made, or a later date the Secretary decides is reasonable.

7 (b) WHEN SECRETARY MAY ACT.—The Secretary may act under this sec8 tion on the Secretary’s own initiative or on a complaint filed with the Sec9 retary and only after notice and an opportunity for a hearing.

10 § 41509. Authority of the Secretary of Transportation to

11 suspend, cancel, and reject tariffs for foreign air

12 transportation

13 (a) CANCELLATION AND REJECTION.—(1) On the initiative of the Sec14 retary of Transportation or on a complaint filed with the Secretary, the Sec15 retary may conduct a hearing to decide whether a price for foreign air

16 transportation contained in an existing or newly filed tariff of an air carrier

17 or foreign air carrier, a classification, rule, or practice affecting that price,

18 or the value of the transportation provided under that price, is lawful. The

19 Secretary may begin the hearing at once and without an answer or another

20 formal pleading by the air carrier or foreign air carrier, but only after rea21 sonable notice. If, after the hearing, the Secretary decides that the price,

22 classification, rule, or practice is or will be unreasonable or unreasonably

23 discriminatory, the Secretary may cancel or reject the tariff and prevent the

24 use of the price, classification, rule, or practice.

25 (2) With or without a hearing, the Secretary may cancel or reject an ex26 isting or newly filed tariff of a foreign air carrier and prevent the use of

27 a price, classification, rule, or practice when the Secretary decides that the

28 cancellation or rejection is in the public interest.

29 (3) In deciding whether to cancel or reject a tariff of an air carrier or

30 foreign air carrier under this subsection, the Secretary shall consider—

31 (A) the effect of the price on the movement of traffic;

32 (B) the need in the public interest of adequate and efficient trans33 portation by air carriers and foreign air carriers at the lowest cost con34 sistent with providing the transportation;

35 (C) the standards prescribed under law related to the character and

36 quality of transportation to be provided by air carriers and foreign air

37 carriers;

38 (D) the inherent advantages of transportation by aircraft;

39 (E) the need of the air carrier and foreign air carrier for revenue

40 sufficient to enable the air carrier and foreign air carrier, under honest,
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1 economical, and efficient management, to provide adequate and effi2 cient air carrier and foreign air carrier transportation;

3 (F) whether the price will be predatory or tend to monopolize com4 petition among air carriers and foreign air carriers in foreign air trans5 portation;

6 (G) reasonably estimated or foreseeable future costs and revenues for

7 the air carrier or foreign air carrier for a reasonably limited future pe8 riod during which the price would be in effect; and

9 (H) other factors.

10 (b) SUSPENSION.—(1)(A) Pending a decision under subsection (a)(1) of

11 this section, the Secretary may suspend a tariff and the use of a price con12 tained in the tariff or a classification, rule, or practice affecting that price.

13 (B) The Secretary may suspend a tariff of a foreign air carrier and the

14 use of a price, classification, rule, or practice when the suspension is in the

15 public interest.

16 (2) A suspension becomes effective when the Secretary files with the tariff

17 and delivers to the air carrier or foreign air carrier affected by the suspen18 sion a written statement of the reasons for the suspension. To suspend a

19 tariff, reasonable notice of the suspension must be given to the affected car20 rier.

21 (3) The suspension of a newly filed tariff may be for periods totaling not

22 more than 365 days after the date the tariff otherwise would go into effect.

23 The suspension of an existing tariff may be for periods totaling not more

24 than 365 days after the effective date of the suspension. The Secretary may

25 rescind at any time the suspension of a newly filed tariff and allow the

26 price, classification, rule, or practice to go into effect.

27 (c) EFFECTIVE TARIFFS AND PRICES WHEN TARIFF IS SUSPENDED,

28 CANCELED, OR REJECTED.—(1) If a tariff is suspended pending the out29 come of a proceeding under subsection (a) of this section and the Secretary

30 does not take final action in the proceeding during the suspension period,

31 the tariff goes into effect at the end of that period subject to cancellation

32 when the proceeding is concluded.

33 (2)(A) During the period of suspension, or after the cancellation or rejec34 tion, of a newly filed tariff (including a tariff that has gone into effect provi35 sionally), the affected air carrier or foreign air carrier shall maintain in ef36 fect and use—

37 (i) the corresponding seasonal prices, or the classifications, rules,

38 and practices affecting those prices or the value of transportation pro39 vided under those prices, that were in effect for the carrier immediately

40 before the new tariff was filed; or
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1 (ii) another price provided for under an applicable intergovernmental

2 agreement or understanding.

3 (B) If the suspended, canceled, or rejected tariff is the first tariff of the

4 carrier for the covered transportation, the carrier, for the purpose of oper5 ations during the period of suspension or pending effectiveness of a new tar6 iff, may file another tariff containing a price or another classification, rule,

7 or practice affecting the price, or the value of the transportation provided

8 under the price, that is in effect (and not subject to a suspension order)

9 for any air carrier providing the same transportation.

10 (3) If an existing tariff is suspended or canceled, the affected air carrier

11 or foreign air carrier, for the purpose of operations during the period of sus12 pension or pending effectiveness of a new tariff, may file another tariff con13 taining a price or another classification, rule, or practice affecting the price,

14 or the value of the transportation provided under the price, that is in effect

15 (and not subject to a suspension order) for any air carrier providing the

16 same transportation.

17 (d) RESPONSE TO REFUSAL OF FOREIGN COUNTRY TO ALLOW AIR CAR18 RIER TO CHARGE A PRICE.—When the Secretary finds that the government

19 or an aeronautical authority of a foreign country has refused to allow an

20 air carrier to charge a price contained in a tariff filed and published under

21 section 41504 of this title for foreign air transportation to the foreign coun22 try—

23 (1) the Secretary, without a hearing—

24 (A) may suspend any existing tariff of a foreign air carrier pro25 viding transportation between the United States and the foreign

26 country for periods totaling not more than 365 days after the date

27 of the suspension; and

28 (B) may order the foreign air carrier to charge, during the sus29 pension periods, prices that are the same as those contained in a

30 tariff (designated by the Secretary) of an air carrier filed and pub31 lished under section 41504 of this title for foreign air transpor32 tation to the foreign country; and

33 (2) a foreign air carrier may continue to provide foreign air trans34 portation to the foreign country only if the government or aeronautical

35 authority of the foreign country allows an air carrier to start or con36 tinue foreign air transportation to the foreign country at the prices des37 ignated by the Secretary.

38 (e) STANDARD FOREIGN FARE LEVEL.—(1)(A) In this subsection,

39 ‘‘standard foreign fare level’’ means—

40 (i) for a class of fares existing on October 1, 1979, the fare between

41 2 places (as adjusted under subparagraph (B) of this paragraph) filed
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1 for and allowed by the Civil Aeronautics Board to go into effect after

2 September 30, 1979, and before August 13, 1980 (with seasonal fares

3 adjusted by the percentage difference that prevailed between seasons in

4 1978), or the fare established under section 1002(j)(8) of the Federal

5 Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by

6 section 24(a) of the International Air Transportation Competition Act

7 of 1979 (Public Law 96–192, 94 Stat. 46); or

8 (ii) for a class of fares established after October 1, 1979, the fare

9 between 2 places in effect on the effective date of the establishment of

10 the new class.

11 (B) At least once every 60 days for fuel costs, and at least once every

12 180 days for other costs, the Secretary shall adjust the standard foreign

13 fare level for the particular foreign air transportation to which the standard

14 foreign fare level applies by increasing or decreasing that level by the per15 centage change from the last previous period in the actual operating cost

16 for each available seat-mile. In adjusting a standard foreign fare level, the

17 Secretary may not make an adjustment to costs actually incurred. In estab18 lishing a standard foreign fare level and making adjustments in the level

19 under this paragraph, the Secretary may use all relevant or appropriate in20 formation reasonably available to the Secretary.

21 (2) The Secretary may not decide that a proposed fare for foreign air

22 transportation is unreasonable on the basis that the fare is too low or too

23 high if the proposed fare is neither more than 5 percent higher nor 50 per24 cent lower than the standard foreign fare level for the same or essentially

25 similar class of transportation. The Secretary by regulation may increase

26 the 50 percent specified in this paragraph.

27 (3) Paragraph (2) of this subsection does not apply to a proposed fare

28 that is not more than—

29 (A) 5 percent higher than the standard foreign fare level when the

30 Secretary decides that the proposed fare may be unreasonably discrimi31 natory or that suspension of the fare is in the public interest because

32 of an unreasonable regulatory action by the government of a foreign

33 country that is related to a fare proposal of an air carrier; or

34 (B) 50 percent lower than the standard foreign fare level when the

35 Secretary decides that the proposed fare may be predatory or discrimi36 natory or that suspension of the fare is required because of an unrea37 sonable regulatory action by the government of a foreign country that

38 is related to a fare proposal of an air carrier.

39 (f) SUBMISSION OF ORDERS TO PRESIDENT.—The Secretary shall submit

40 to the President an order made under this section suspending, canceling,

41 or rejecting a price for foreign air transportation, and an order rescinding
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1 the effectiveness of such an order, before publishing the order. Not later

2 than 10 days after its submission, the President may disapprove the order

3 on finding disapproval is necessary for United States foreign policy or na4 tional defense reasons.

5 (g) COMPLIANCE AS CONDITION OF CERTIFICATE OR PERMIT.—This sec6 tion and compliance with an order of the Secretary under this section are

7 conditions to any certificate or permit held by an air carrier or foreign air

8 carrier. An air carrier or foreign air carrier may provide foreign air trans9 portation only as long as the carrier maintains prices for that transportation

10 that comply with this section and orders of the Secretary under this section.

11 § 41510. Required adherence to foreign air transportation

12 tariffs

13 (a) PROHIBITED ACTIONS BY AIR CARRIERS, FOREIGN AIR CARRIERS,

14 AND TICKET AGENTS.—An air carrier, foreign air carrier, or ticket agent

15 may not—

16 (1) charge or receive compensation for foreign air transportation

17 that is different from the price specified in the tariff of the carrier that

18 is in effect for that transportation;

19 (2) refund or remit any part of the price specified in the tariff; or

20 (3) extend to any person a privilege or facility, related to a matter

21 required by the Secretary of Transportation to be specified in a tariff

22 for foreign air transportation, except as specified in the tariff.

23 (b) PROHIBITED ACTIONS BY ANY PERSON.—A person may not know24 ingly—

25 (1) pay compensation for foreign air transportation of property that

26 is different from the price specified in the tariff in effect for that trans27 portation; or

28 (2) solicit, accept, or receive—

29 (A) a refund or remittance of any part of the price specified in

30 the tariff; or

31 (B) a privilege or facility, related to a matter required by the

32 Secretary to be specified in a tariff for foreign air transportation

33 of property, except as specified in the tariff.

34 § 41511. Special prices for foreign air transportation

35 (a) FREE AND REDUCED PRICING.—This chapter does not prohibit an air

36 carrier or foreign air carrier, under terms the Secretary of Transportation

37 prescribes, from issuing or interchanging tickets or passes for free or re38 duced-price foreign air transportation to or for the following:

39 (1) a director, officer, or employee of the carrier (including a retired

40 director, officer, or employee who is receiving retirement benefits from

41 an air carrier or foreign air carrier).
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1 (2) a parent or the immediate family of such an officer or employee

2 or the immediate family of such a director.

3 (3) a widow, widower, or minor child of an employee of the carrier

4 who died as a direct result of a personal injury sustained when per5 forming a duty in the service of the carrier.

6 (4) a witness or attorney attending a legal investigation in which the

7 air carrier is interested.

8 (5) an individual injured in an aircraft accident and a physician or

9 nurse attending the individual.

10 (6) a parent or the immediate family of an individual injured or

11 killed in an aircraft accident when the transportation is related to the

12 accident.

13 (7) an individual or property to provide relief in a general epidemic,

14 pestilence, or other emergency.

15 (8) other individuals under other circumstances the Secretary pre16 scribes by regulation.

17 (b) SPACE-AVAILABLE BASIS.—Under terms the Secretary prescribes, an

18 air carrier or foreign air carrier may grant reduced-price foreign air trans19 portation on a space-available basis to the following:

20 (1) a minister of religion.

21 (2) an individual who is at least 60 years of age and no longer gain22 fully employed.

23 (3) an individual who is at least 65 years of age.

24 (4) an individual who has severely impaired vision or hearing or an25 other physical or mental handicap and an accompanying attendant

26 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.

41734. Ending, suspending, and reducing basic essential air service.

41735. Enhanced essential air service.

41736. Air transportation to noneligible places.
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41737. Compensation guidelines, limitations, and claims.

41738. Fitness of air carriers.

41739. Air carrier obligations.

41740. Joint proposals.

41741. Insurance.

41742. Ending effective date.

1 SUBCHAPTER I—REQUIREMENTS

2 § 41701. Classification of air carriers

3 The Secretary of Transportation may establish—

4 (1) reasonable classifications for air carriers when required because

5 of the nature of the transportation provided by them; and

6 (2) reasonable requirements for each class when the Secretary de7 cides those requirements are necessary in the public interest.

8 § 41702. Interstate air transportation

9 An air carrier shall provide safe and adequate interstate air transpor10 tation.

11 § 41703. Navigation of foreign civil aircraft

12 (a) PERMITTED NAVIGATION.—A foreign aircraft, not part of the armed

13 forces of a foreign country, may be navigated in the United States only—

14 (1) if the country of registry grants a similar privilege to aircraft

15 of the United States;

16 (2) by an airman holding a certificate or license issued or made valid

17 by the United States Government or the country of registry;

18 (3) if the Secretary of Transportation authorizes the navigation; and

19 (4) if the navigation is consistent with terms the Secretary may pre20 scribe.

21 (b) REQUIREMENTS FOR AUTHORIZING NAVIGATION.—The Secretary

22 may authorize navigation under this section only if the Secretary decides the

23 authorization is—

24 (1) in the public interest; and

25 (2) consistent with any agreement between the Government and the

26 government of a foreign country.

27 (c) PROVIDING AIR COMMERCE.—The Secretary may authorize an air28 craft permitted to navigate in the United States under this section to pro29 vide air commerce in the United States. However, the aircraft may take on

30 for compensation, at a place in the United States, passengers or cargo des31 tined for another place in the United States only if—

32 (1) specifically authorized under section 40109(g) of this title; or

33 (2) under regulations the Secretary prescribes authorizing air car34 riers to provide otherwise authorized air transportation with foreign

35 registered aircraft under lease or charter to them without crew.

36 (d) PERMIT REQUIREMENTS NOT AFFECTED.—This section does not af37 fect section 41301 or 41302 of this title. However, a foreign air carrier
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1 holding a permit under section 41302 does not need to obtain additional au2 thorization under this section for an operation authorized by the permit.

3 § 41704. Transporting property not to be transported in air4 craft cabins

5 Under regulations or orders of the Secretary of Transportation, an air

6 carrier shall transport as baggage the property of a passenger traveling in

7 air transportation that may not be carried in an aircraft cabin because of

8 a law or regulation of the United States. The carrier is liable to pay an

9 amount not more than the amount declared to the carrier by that passenger

10 for actual loss of, or damage to, the property caused by the carrier. The

11 carrier may impose reasonable charges and conditions for its liability.

12 § 41705. Discrimination against handicapped individuals

13 In providing air transportation, an air carrier may not discriminate

14 against an otherwise qualified individual on the following grounds:

15 (1) the individual has a physical or mental impairment that substan16 tially limits one or more major life activities.

17 (2) the individual has a record of such an impairment.

18 (3) the individual is regarded as having such an impairment.

19 § 41706. Prohibitions against smoking on scheduled flights

20 (a) GENERAL.—An individual may not smoke in the passenger cabin or

21 lavatory of an aircraft on a scheduled airline flight segment in air transpor22 tation or intrastate air transportation that is—

23 (1) between places in a State of the United States, the District of

24 Columbia, Puerto Rico, or the Virgin Islands;

25 (2) between a place in any jurisdiction referred to in clause (1) of

26 this subsection (except Alaska and Hawaii) and a place in any other

27 of those jurisdictions; or

28 (3)(A) scheduled for not more than 6 hours’ duration; and

29 (B)(i) between a place referred to in clause (1) of this subsection

30 (except Alaska and Hawaii) and Alaska or Hawaii; or

31 (ii) between Alaska and Hawaii.

32 (b) REGULATIONS.—The Secretary of Transportation shall prescribe reg33 ulations necessary to carry out this section.

34 § 41707. Incorporating contract terms into written instru35 ment

36 To the extent the Secretary of Transportation prescribes by regulation,

37 an air carrier may incorporate by reference in a ticket or written instrument

38 any term of the contract for providing interstate air transportation.

39 § 41708. Reports

40 (a) APPLICATION.—To the extent the Secretary of Transportation finds

41 necessary to carry out this subpart, this section and section 41709 of this
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1 title apply to a person controlling an air carrier or affiliated (within the

2 meaning of section 11343(c) of this title) with a carrier.

3 (b) REQUIREMENTS.—The Secretary may require an air carrier or foreign

4 air carrier—

5 (1)(A) to file annual, monthly, periodical, and special reports with

6 the Secretary in the form and way prescribed by the Secretary; and

7 (B) to file the reports under oath;

8 (2) to provide specific answers to questions on which the Secretary

9 considers information to be necessary; and

10 (3) to file with the Secretary a copy of each agreement, arrangement,

11 contract, or understanding between the carrier and another carrier or

12 person related to transportation affected by this subpart.

13 § 41709. Records of air carriers

14 (a) REQUIREMENTS.—The Secretary of Transportation shall prescribe the

15 form of records to be kept by an air carrier, including records on the move16 ment of traffic, receipts and expenditures of money, and the time period

17 during which the records shall be kept. A carrier may keep only records pre18 scribed or approved by the Secretary. However, a carrier may keep addi19 tional records if the additional records do not impair the integrity of the

20 records prescribed or approved by the Secretary and are not an unreason21 able financial burden on the carrier.

22 (b) INSPECTION.—(1) The Secretary at any time may—

23 (A) inspect the land, buildings, and equipment of an air carrier or

24 foreign air carrier when necessary to decide under subchapter II of this

25 chapter or section 41102, 41103, or 41302 of this title whether a car26 rier is fit, willing, and able; and

27 (B) inspect records kept or required to be kept by an air carrier, for28 eign air carrier, or ticket agent.

29 (2) The Secretary may employ special agents or auditors to carry out this

30 subsection.

31 § 41710. Time requirements

32 When a matter requiring action of the Secretary of Transportation is sub33 mitted under section 40109(a) or (c)–(h), 41309, or 42111 of this title and

34 an evidentiary hearing—

35 (1) is ordered, the Secretary shall make a final decision on the mat36 ter not later than the last day of the 12th month that begins after the

37 date the matter is submitted; or

38 (2) is not ordered, the Secretary shall make a final decision on the

39 matter not later than the last day of the 6th month that begins after

40 the date the matter is submitted.
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1 § 41711. Air carrier management inquiry and cooperation

2 with other authorities

3 In carrying out this subpart, the Secretary of Transportation may—

4 (1) inquire into the management of the business of an air carrier

5 and obtain from the air carrier, and a person controlling, controlled by,

6 or under common control with the carrier, information the Secretary

7 decides reasonably is necessary to carry out the inquiry;

8 (2) confer and hold a joint hearing with a State authority; and

9 (3) exchange information related to aeronautics with a government

10 of a foreign country through appropriate departments, agencies, and

11 instrumentalities of the United States Government.

12 § 41712. Unfair and deceptive practices and unfair methods

13 of competition

14 On the initiative of the Secretary of Transportation or the complaint of

15 an air carrier, foreign air carrier, or ticket agent, and if the Secretary con16 siders it is in the public interest, the Secretary may investigate and decide

17 whether an air carrier, foreign air carrier, or ticket agent has been or is

18 engaged in an unfair or deceptive practice or an unfair method of competi19 tion in air transportation or the sale of air transportation. If the Secretary,

20 after notice and an opportunity for a hearing, finds that an air carrier, for21 eign air carrier, or ticket agent is engaged in an unfair or deceptive practice

22 or unfair method of competition, the Secretary shall order the air carrier,

23 foreign air carrier, or ticket agent to stop the practice or method.

24 § 41713. Preemption of authority over prices, routes, and

25 service

26 (a) DEFINITION.—In this section, ‘‘State’’ means a State, the District of

27 Columbia, and a territory or possession of the United States.

28 (b) PREEMPTION.—(1) Except as provided in this subsection, a State, po29 litical subdivision of a State, or political authority of at least 2 States may

30 not enact or enforce a law, regulation, or other provision having the force

31 and effect of law related to a price, route, or service of an air carrier that

32 may provide air transportation under this subpart.

33 (2) Paragraph (1) of this subsection does not apply to air transportation

34 provided entirely in Alaska unless the transportation is air transportation

35 (except charter air transportation) provided under a certificate issued under

36 section 41102 of this title.

37 (3) This subsection does not limit a State, political subdivision of a State,

38 or political authority of at least 2 States that owns or operates an airport

39 served by an air carrier holding a certificate issued by the Secretary of

40 Transportation from carrying out its proprietary powers and rights.
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1 SUBCHAPTER II—SMALL COMMUNITY AIR SERVICE

2 § 41731. Definitions

3 (a) GENERAL.—In this subchapter—

4 (1) ‘‘eligible place’’ means a place in the United States that—

5 (A) was an eligible point under section 419 of the Federal Avia6 tion Act of 1958 before October 1, 1988;

7 (B) received scheduled air transportation at any time after Jan8 uary 1, 1990; and

9 (C) is not listed in Department of Transportation Orders 89–

10 9–37 and 89–12–52 as a place ineligible for compensation under

11 this subchapter.

12 (2) ‘‘enhanced essential air service’’ means scheduled air transpor13 tation to an eligible place of a higher level or quality than basic essen14 tial air service described in section 41732 of this title.

15 (3) ‘‘hub airport’’ means an airport that each year has at least .25

16 percent of the total annual boardings in the United States.

17 (4) ‘‘nonhub airport’’ means an airport that each year has less than

18 .05 percent of the total annual boardings in the United States.

19 (5) ‘‘small hub airport’’ means an airport that each year has at least

20 .05 percent, but less than .25 percent, of the total annual boardings

21 in the United States.

22 (b) LIMITATION ON AUTHORITY TO DECIDE A PLACE NOT AN ELIGIBLE

23 PLACE.—The Secretary of Transportation may not decide that a place de24 scribed in subsection (a)(1) of this section is not an eligible place on the

25 basis of a passenger subsidy at that place or on another basis that is not

26 specifically stated in this subchapter.

27 § 41732. Basic essential air service

28 (a) GENERAL.—Basic essential air service provided under section 41733

29 of this title is scheduled air transportation of passengers and cargo—

30 (1) to a hub airport that has convenient connecting or single-plane

31 air service to a substantial number of destinations beyond that airport;

32 or

33 (2) to a small hub or nonhub airport, when in Alaska or when the

34 nearest hub airport is more than 400 miles from an eligible place.

35 (b) MINIMUM REQUIREMENTS.—Basic essential air service shall include

36 at least the following:

37 (1)(A) for a place not in Alaska, 2 daily round trips 6 days a week,

38 with not more than one intermediate stop on each flight; or

39 (B) for a place in Alaska, a level of service at least equal to that

40 provided in 1976 or 2 round trips a week, whichever is greater, except

41 that the Secretary of Transportation and the appropriate State author-
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1 ity of Alaska may agree to a different level of service after consulting

2 with the affected community.

3 (2) flights at reasonable times considering the needs of passengers

4 with connecting flights at the airport and at prices that are not exces5 sive compared to the generally prevailing prices of other air carriers for

6 like service between similar places.

7 (3) for a place not in Alaska, service provided in an aircraft with

8 an effective capacity of at least 15 passengers if the average daily

9 boardings at the place in any calendar year from 1976-1986 were more

10 than 11 passengers unless—

11 (A) that level-of-service requirement would require paying com12 pensation in a fiscal year under section 41733(d) or 41734(d) or

13 (e) of this title for the place when compensation otherwise would

14 not have been paid for that place in that year; or

15 (B) the affected community agrees with the Secretary in writing

16 to the use of smaller aircraft to provide service to the place.

17 (4) service accommodating the estimated passenger and property

18 traffic at an average load factor, for each class of traffic considering

19 seasonal demands for the service, of not more than—

20 (A) 50 percent; or

21 (B) 60 percent when service is provided by aircraft with more

22 than 14 passenger seats.

23 (5) service provided in aircraft with at least 2 engines and using 2

24 pilots, unless scheduled air transportation has not been provided to the

25 place in aircraft with at least 2 engines and using 2 pilots for at least

26 60 consecutive operating days at any time since October 31, 1978.

27 (6) service provided by pressurized aircraft when the service is pro28 vided by aircraft that regularly fly above 8,000 feet in altitude.

29 § 41733. Level of basic essential air service

30 (a) DECISIONS MADE BEFORE OCTOBER 1, 1988.—For each eligible

31 place for which a decision was made before October 1, 1988, under section

32 419 of the Federal Aviation Act of 1958, establishing the level of essential

33 air transportation, the level of basic essential air service for that place shall

34 be the level established by the Secretary of Transportation for that place

35 by not later than December 29, 1988.

36 (b) DECISIONS NOT MADE BEFORE OCTOBER 1, 1988.—(1) The Sec37 retary shall decide on the level of basic essential air service for each eligible

38 place for which a decision was not made before October 1, 1988, establish39 ing the level of essential air transportation, when the Secretary receives no40 tice that service to that place will be provided by only one air carrier. The

41 Secretary shall make the decision by the last day of the 6-month period be-
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1 ginning on the date the Secretary receives the notice. The Secretary may

2 impose notice requirements necessary to carry out this subsection. Before

3 making a decision, the Secretary shall consider the views of any interested

4 community and the appropriate State authority of the State in which the

5 community is located.

6 (2) Until the Secretary has made a decision on a level of basic essential

7 air service for an eligible place under this subsection, the Secretary, on peti8 tion by an appropriate representative of the place, shall prohibit an air car9 rier from ending, suspending, or reducing air transportation to that place

10 that appears to deprive the place of basic essential air service.

11 (c) AVAILABILITY OF COMPENSATION.—(1) If the Secretary decides that

12 basic essential air service will not be provided to an eligible place without

13 compensation, the Secretary shall provide notice that an air carrier may

14 apply to provide basic essential air service to the place for compensation

15 under this section. In selecting an applicant, the Secretary shall consider,

16 among other factors—

17 (A) the demonstrated reliability of the applicant in providing sched18 uled air service;

19 (B) the contractual and marketing arrangements the applicant has

20 made with a larger carrier to ensure service beyond the hub airport;

21 (C) the interline arrangements that the applicant has made with a

22 larger carrier to allow passengers and cargo of the applicant at the hub

23 airport to be transported by the larger carrier through one reservation,

24 ticket, and baggage check-in;

25 (D) the preferences of the actual and potential users of air transpor26 tation at the eligible place, giving substantial weight to the views of the

27 elected officials representing the users; and

28 (E) for an eligible place in Alaska, the experience of the applicant

29 in providing, in Alaska, scheduled air service, or significant patterns of

30 non-scheduled air service under an exemption granted under section

31 40109(a) and (c)–(h) of this title.

32 (2) Under guidelines prescribed under section 41737(a) of this title, the

33 Secretary shall pay the rate of compensation for providing basic essential

34 air service under this section and section 41734 of this title.

35 (d) COMPENSATION PAYMENTS.—The Secretary shall pay compensation

36 under this section at times and in the way the Secretary decides is appro37 priate. The Secretary shall end payment of compensation to an air carrier

38 for providing basic essential air service to an eligible place when the Sec39 retary decides the compensation is no longer necessary to maintain basic es40 sential air service to the place.
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1 (e) REVIEW.—The Secretary shall review periodically the level of basic es2 sential air service for each eligible place. Based on the review and consulta3 tions with an interested community and the appropriate State authority of

4 the State in which the community is located, the Secretary may make ap5 propriate adjustments in the level of service.

6 § 41734. Ending, suspending, and reducing basic essential

7 air service

8 (a) NOTICE REQUIRED.—An air carrier may end, suspend, or reduce air

9 transportation to an eligible place below the level of basic essential air serv10 ice established for that place under section 41733 of this title only after giv11 ing the Secretary of Transportation, the appropriate State authority, and

12 the affected communities at least 90 days’ notice before ending, suspending,

13 or reducing that transportation.

14 (b) CONTINUATION OF SERVICE FOR 30 DAYS AFTER NOTICE PERIOD.—

15 If at the end of the notice period under subsection (a) of this section the

16 Secretary has not found another air carrier to provide basic essential air

17 service to the eligible place, the Secretary shall require the carrier providing

18 notice to continue to provide basic essential air service to the place for an

19 additional 30-day period or until another carrier begins to provide basic es20 sential air service to the place, whichever occurs first.

21 (c) CONTINUATION OF SERVICE FOR ADDITIONAL 30-DAY PERIODS.—If

22 at the end of the 30-day period under subsection (b) of this section the Sec23 retary decides another air carrier will not provide basic essential air service

24 to the place on a continuing basis, the Secretary shall require the carrier

25 providing service to continue to provide service for additional 30-day periods

26 until another carrier begins providing service on a continuing basis. At the

27 end of each 30-day period, the Secretary shall decide if another carrier will

28 provide service on a continuing basis.

29 (d) CONTINUATION OF COMPENSATION AFTER NOTICE PERIOD.—If an

30 air carrier receiving compensation under section 41733 of this title for pro31 viding basic essential air service to an eligible place is required to continue

32 to provide service to the place under this section after the 90-day notice pe33 riod under subsection (a) of this section, the Secretary shall continue to pay

34 that compensation after the last day of that period. The Secretary shall pay

35 the compensation until the Secretary finds another carrier to provide the

36 service to the place or the 90th day after the end of that notice period,

37 whichever is earlier. If, after the 90th day after the end of the 90-day notice

38 period, the Secretary has not found another carrier to provide the service,

39 the carrier required to continue to provide that service shall receive com40 pensation sufficient—
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1 (1) to pay for the fully allocated actual cost to the carrier of per2 forming the basic essential air service that was being provided when

3 the 90-day notice was given under subsection (a) of this section plus

4 a reasonable return on investment that is at least 5 percent of operat5 ing costs; and

6 (2) to provide the carrier an additional return that recognizes the

7 demonstrated additional lost profits from opportunities foregone and

8 the likelihood that those lost profits increase as the period during which

9 the carrier is required to provide the service continues.

10 (e) COMPENSATION TO AIR CARRIERS ORIGINALLY PROVIDING SERVICE

11 WITHOUT COMPENSATION.—If the Secretary requires an air carrier provid12 ing basic essential air service to an eligible place without compensation

13 under section 41733 of this title to continue providing that service after the

14 90-day notice period required by subsection (a) of this section, the Secretary

15 shall provide the carrier with compensation after the end of the 90-day no16 tice period that is sufficient—

17 (1) to pay for the fully allocated actual cost to the carrier of per18 forming the basic essential air service that was being provided when

19 the 90-day notice was given under subsection (a) of this section plus

20 a reasonable return on investment that is at least 5 percent of operat21 ing costs; and

22 (2) to provide the carrier an additional return that recognizes the

23 demonstrated additional lost profits from opportunities foregone and

24 the likelihood that those lost profits increase as the period during which

25 the carrier is required to provide the service continues.

26 (f) FINDING REPLACEMENT CARRIERS.—When the Secretary requires an

27 air carrier to continue to provide basic essential air service to an eligible

28 place, the Secretary shall continue to make every effort to find another car29 rier to provide at least that basic essential air service to the place on a con30 tinuing basis.

31 (g) TRANSFER OF AUTHORITY.—If an air carrier, providing basic essen32 tial air service under section 41733 of this title between an eligible place

33 and an airport at which the Administrator of the Federal Aviation Adminis34 tration limits the number of instrument flight rule takeoffs and landings of

35 aircraft, provides notice under subsection (a) of this section of an intention

36 to end, suspend, or reduce that service and another carrier is found to pro37 vide the service, the Secretary shall require the carrier providing notice to

38 transfer any operational authority the carrier has to land or take off at that

39 airport related to the service to the eligible place to the carrier that will pro40 vide the service, if—

41 (1) the carrier that will provide the service needs the authority; and
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1 (2) the authority to be transferred is being used only to provide air

2 service to the eligible place.

3 § 41735. Enhanced essential air service

4 (a) PROPOSALS.—(1) A State or local government may submit a proposal

5 to the Secretary of Transportation for enhanced essential air service to an

6 eligible place for which basic essential air service is being provided under

7 section 41733 of this title. The proposal shall—

8 (A) specify the level and type of enhanced essential air service the

9 State or local government considers appropriate; and

10 (B) include an agreement related to compensation required for the

11 proposed service.

12 (2) The agreement submitted under paragraph (1)(B) of this subsection

13 shall provide that—

14 (A) the State or local government or a person pay 50 percent of the

15 compensation required for the proposed service and the United States

16 Government pay the remaining 50 percent; or

17 (B)(i) the Government pay 100 percent of the compensation; and

18 (ii) if the proposed service is not successful for at least a 2-year pe19 riod under the criteria prescribed by the Secretary under paragraph (3)

20 of this subsection, the eligible place is not eligible for air service or air

21 transportation for which compensation is paid by the Secretary under

22 this subchapter.

23 (3) The Secretary shall prescribe by regulation objective criteria for decid24 ing whether enhanced essential air service to an eligible place under this sec25 tion is successful in terms of—

26 (A) increasing passenger usage of the airport facilities at the place;

27 and

28 (B) reducing the amount of compensation provided by the Secretary

29 under this subchapter for that service.

30 (b) DECISIONS.—Not later than 90 days after receiving a proposal under

31 subsection (a) of this section, the Secretary shall—

32 (1) approve the proposal if the Secretary decides the proposal is rea33 sonable; or

34 (2) if the Secretary decides the proposal is not reasonable, dis35 approve the proposal and notify the State or local government of the

36 disapproval and the reasons for the disapproval.

37 (c) COMPENSATION PAYMENTS.—(1) The Secretary shall pay compensa38 tion under this section when and in the way the Secretary decides is appro39 priate. Compensation for enhanced essential air service under this section

40 may be paid only for the costs incurred in providing air service to an eligible

41 place that are in addition to the costs incurred in providing basic essential
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1 air service to the place under section 41733 of this title. The Secretary shall

2 continue to pay compensation under this section only as long as—

3 (A) the air carrier maintains the level of enhanced essential air serv4 ice;

5 (B) the State or local government or person agreeing to pay com6 pensation under this section continues to pay the compensation; and

7 (C) the Secretary decides the compensation is necessary to maintain

8 the service to the place.

9 (2) The Secretary may require the State or local government or person

10 agreeing to pay compensation under this section to make advance payments

11 or provide other security to ensure that timely payments are made.

12 (d) REVIEW.—(1) The Secretary shall review periodically the enhanced

13 essential air service provided to each eligible place under this section.

14 (2) For service for which the Government pays 50 percent of the com15 pensation, based on the review and consultation with the affected commu16 nity and the State or local government or person paying the remaining 50

17 percent of the compensation, the Secretary shall make appropriate adjust18 ments in the type and level of service to the place.

19 (3) For service for which the Government pays 100 percent of the com20 pensation, based on the review and consultation with the State or local gov21 ernment submitting the proposal, the Secretary shall decide whether the

22 service has succeeded for at least a 2-year period under the criteria pre23 scribed under subsection (a)(3) of this section. If unsuccessful, the place is

24 not eligible for air service or air transportation for which compensation is

25 paid by the Secretary under this subchapter.

26 (e) ENDING, SUSPENDING, AND REDUCING AIR TRANSPORTATION.—An

27 air carrier may end, suspend, or reduce air transportation to an eligible

28 place below the level of enhanced essential air service established for that

29 place by the Secretary under this section only after giving the Secretary,

30 the affected community, and the State or local government or person paying

31 compensation for that service at least 30 days’ notice before ending, sus32 pending, or reducing the service. This subsection does not relieve the carrier

33 of an obligation under section 41734 of this title.

34 § 41736. Air transportation to noneligible places

35 (a) PROPOSALS AND DECISIONS.—(1) A State or local government may

36 propose to the Secretary of Transportation that the Secretary provide com37 pensation to an air carrier to provide air transportation to a place that is

38 not an eligible place under this subchapter. Not later than 90 days after

39 receiving a proposal under this section, the Secretary shall—

40 (A) decide whether to designate the place as eligible to receive com41 pensation under this section; and
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1 (B)(i) approve the proposal if the State or local government or a per2 son is willing and able to pay 50 percent of the compensation for pro3 viding the transportation, and notify the State or local government of

4 the approval; or

5 (ii) disapprove the proposal if the Secretary decides the proposal is

6 not reasonable under paragraph (2) of this subsection, and notify the

7 State or local government of the disapproval and the reasons for the

8 disapproval.

9 (2) In deciding whether a proposal is reasonable, the Secretary shall con10 sider, among other factors—

11 (A) the traffic-generating potential of the place;

12 (B) the cost to the United States Government of providing the pro13 posed transportation; and

14 (C) the distance of the place from the closest hub airport.

15 (b) APPROVAL FOR CERTAIN AIR TRANSPORTATION.—Notwithstanding

16 subsection (a)(1)(B) of this section, the Secretary shall approve a proposal

17 under this section to compensate an air carrier for providing air transpor18 tation to a place in the 48 contiguous States or the District of Columbia

19 and designate the place as eligible for compensation under this section if—

20 (1) at any time before October 23, 1978, the place was served by

21 a carrier holding a certificate under section 401 of the Federal Aviation

22 Act of 1958;

23 (2) the place is more than 50 miles from the nearest small hub air24 port or an eligible place;

25 (3) the place is more than 150 miles from the nearest hub airport;

26 and

27 (4) the State or local government submitting the proposal or a per28 son is willing and able to pay 25 percent of the cost of providing the

29 compensated transportation.

30 (c) LEVEL OF AIR TRANSPORTATION.—(1) If the Secretary designates a

31 place under subsection (a)(1) of this section as eligible for compensation

32 under this section, the Secretary shall decide, not later than 6 months after

33 the date of the designation, on the level of air transportation to be provided

34 under this section. Before making a decision, the Secretary shall consider

35 the views of any interested community, the appropriate State authority of

36 the State in which the place is located, and the State or local government

37 or person agreeing to pay compensation for the transportation under sub38 section (b)(4) of this section.

39 (2) After making the decision under paragraph (1) of this subsection, the

40 Secretary shall provide notice that any air carrier that is willing to provide

41 the level of air transportation established under paragraph (1) for a place
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1 may submit an application to provide the transportation. In selecting an ap2 plicant, the Secretary shall consider, among other factors—

3 (A) the factors listed in section 41733(c)(1) of this title; and

4 (B) the views of the State or local government or person agreeing

5 to pay compensation for the transportation.

6 (d) COMPENSATION PAYMENTS.—(1) The Secretary shall pay compensa7 tion under this section when and in the way the Secretary decides is appro8 priate. The Secretary shall continue to pay compensation under this section

9 only as long as—

10 (A) the air carrier maintains the level of air transportation estab11 lished by the Secretary under subsection (c)(1) of this section;

12 (B) the State or local government or person agreeing to pay com13 pensation for transportation under this section continues to pay that

14 compensation; and

15 (C) the Secretary decides the compensation is necessary to maintain

16 the transportation to the place.

17 (2) The Secretary may require the State or local government or person

18 agreeing to pay compensation under this section to make advance payments

19 or provide other security to ensure that timely payments are made.

20 (e) REVIEW.—The Secretary shall review periodically the level of air

21 transportation provided under this section. Based on the review and con22 sultation with any interested community, the appropriate State authority of

23 the State in which the community is located, and the State or local govern24 ment or person paying compensation under this section, the Secretary may

25 make appropriate adjustments in the level of transportation.

26 (f) WITHDRAWAL OF ELIGIBILITY DESIGNATIONS.—After providing no27 tice and an opportunity for interested persons to comment, the Secretary

28 may withdraw the designation of a place under subsection (a)(1) of this sec29 tion as eligible to receive compensation under this section if the place has

30 received air transportation under this section for at least 2 years and the

31 Secretary decides the withdrawal would be in the public interest. The Sec32 retary by regulation shall prescribe standards for deciding whether the with33 drawal of a designation under this subsection is in the public interest. The

34 standards shall include the factors listed in subsection (a)(2) of this section.

35 (g) ENDING, SUSPENDING, AND REDUCING AIR TRANSPORTATION.—An

36 air carrier providing air transportation for compensation under this section

37 may end, suspend, or reduce that transportation below the level of transpor38 tation established by the Secretary under this section only after giving the

39 Secretary, the affected community, and the State or local government or

40 person paying compensation under this section at least 30 days’ notice be41 fore ending, suspending, or reducing the transportation.
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1 § 41737. Compensation guidelines, limitations, and claims

2 (a) COMPENSATION GUIDELINES.—(1) The Secretary of Transportation

3 shall prescribe guidelines governing the rate of compensation payable under

4 this subchapter. The guidelines shall be used to determine the reasonable

5 amount of compensation required to ensure the continuation of air service

6 or air transportation under this subchapter. The guidelines shall—

7 (A) provide for a reduction in compensation when an air carrier does

8 not provide service or transportation agreed to be provided;

9 (B) consider amounts needed by an air carrier to promote public use

10 of the service or transportation for which compensation is being paid;

11 and

12 (C) include expense elements based on representative costs of air

13 carriers providing scheduled air transportation of passengers, property,

14 and mail on aircraft of the type the Secretary decides is appropriate

15 for providing the service or transportation for which compensation is

16 being provided.

17 (2) Promotional amounts described in paragraph (1)(B) of this subsection

18 shall be a special, segregated element of the compensation provided to a car19 rier under this subchapter.

20 (b) REQUIRED FINDING.—The Secretary may pay compensation to an air

21 carrier for providing air service or air transportation under this subchapter

22 only if the Secretary finds the carrier is able to provide the service or trans23 portation in a reliable way.

24 (c) CLAIMS.—Not later than 15 days after receiving a written claim from

25 an air carrier for compensation under this subchapter, the Secretary shall—

26 (1) pay or deny the United States Government’s share of a claim;

27 and

28 (2) if denying the claim, notify the carrier of the denial and the rea29 sons for the denial.

30 (d) AUTHORITY TO MAKE AGREEMENTS AND INCUR OBLIGATIONS.—(1)

31 The Secretary may make agreements and incur obligations from the Airport

32 and Airway Trust Fund established under section 9502 of the Internal Rev33 enue Code of 1986 (26 U.S.C. 9502) to pay compensation under this sub34 chapter. An agreement by the Secretary under this subsection is a contrac35 tual obligation of the Government to pay the Government’s share of the

36 compensation.

37 (2) Not more than $38,600,000 is available to the Secretary out of the

38 Fund for each of the fiscal years ending September 30, 1993–1998, to incur

39 obligations under this section. Amounts made available under this section

40 remain available until expended.
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1 § 41738. Fitness of air carriers

2 Notwithstanding section 40109(a) and (c)–(h) of this title, an air carrier

3 may provide air service to an eligible place or air transportation to a place

4 designated under section 41736 of this title only when the Secretary of

5 Transportation decides that—

6 (1) the carrier is fit, willing, and able to perform the service or

7 transportation; and

8 (2) aircraft used to provide the service or transportation, and oper9 ations related to the service or transportation, conform to the safety

10 standards prescribed by the Administrator of the Federal Aviation Ad11 ministration.

12 § 41739. Air carrier obligations

13 If at least 2 air carriers make an agreement to operate under or use a

14 single carrier designator code to provide air transportation, the carrier

15 whose code is being used shares responsibility with the other carriers for

16 the quality of transportation provided the public under the code by the other

17 carriers.

18 § 41740. Joint proposals

19 The Secretary of Transportation shall encourage the submission of joint

20 proposals by 2 or more air carriers for providing air service or air transpor21 tation under this subchapter through arrangements that maximize the serv22 ice or transportation to and from major destinations beyond the hub.

23 § 41741. Insurance

24 The Secretary of Transportation may pay an air carrier compensation

25 under this subchapter only when the carrier files with the Secretary an in26 surance policy or self-insurance plan approved by the Secretary. The policy

27 or plan must be sufficient to pay for bodily injury to, or death of, an indi28 vidual, or for loss of or damage to property of others, resulting from the

29 operation of aircraft, but not more than the amount of the policy or plan

30 limits.

31 § 41742. Ending effective date

32 This subchapter is not effective after September 30, 1998.

33 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.
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1 § 41901. General authority

2 (a) TITLE 39.—The United States Postal Service may provide for the

3 transportation of mail by aircraft in interstate air transportation under sec4 tion 5402(d) and (f) of title 39.

5 (b) AUTHORITY TO PRESCRIBE PRICES.—Except as provided in section

6 5402 of title 39, on the initiative of the Secretary of Transportation or on

7 petition by the Postal Service or an air carrier, the Secretary shall prescribe

8 and publish—

9 (1) after notice and an opportunity for a hearing on the record, rea10 sonable prices to be paid by the Postal Service for the transportation

11 of mail by aircraft in foreign air transportation or between places in

12 Alaska, the facilities used in and useful for the transportation of mail,

13 and the services related to the transportation of mail for each carrier

14 holding a certificate that authorizes that transportation;

15 (2) the methods used, whether by aircraft-mile, pound-mile, weight,

16 space, or a combination of those or other methods, to determine the

17 prices for each air carrier or class of air carriers; and

18 (3) the effective date of the prices.

19 (c) OTHER TRANSPORTATION.—In prescribing prices under subsection (b)

20 of this section, the Secretary may include transportation other than by air21 craft that is incidental to transportation of mail by aircraft or necessary be22 cause of emergency conditions related to aircraft operations.

23 (d) AUTHORITY TO PRESCRIBE DIFFERENT PRICES.—Considering condi24 tions peculiar to transportation by aircraft and to particular air carriers or

25 classes of air carriers, the Secretary may prescribe different prices under

26 this section for different air carriers or classes of air carriers and for dif27 ferent classes of service. In prescribing a price for a carrier under this sec28 tion, the Secretary shall consider, among other factors, the following:

29 (1) the condition that the carrier may hold and operate under a cer30 tificate authorizing the transportation of mail only by providing nec31 essary and adequate facilities and service for the transportation of

32 mail.

33 (2) standards related to the character and quality of service to be

34 provided that are prescribed by or under law.

35 (e) STATEMENTS ON PRICES.—A petition for prescribing a reasonable

36 price under this section must include a statement of the price the petitioner

37 believes is reasonable.

38 (f) STATEMENTS ON REQUIRED SERVICES.—The Postal Service shall in39 troduce as part of the record in every proceeding under this section a com40 prehensive statement of the services to be required of the air carrier and
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1 other information the Postal Service has that the Secretary considers mate2 rial to the proceeding.

3 (g) EXPIRATION DATE.—The authority of the Secretary under this part

4 and section 5402 of title 39 providing for the transportation of mail by air5 craft between places in Alaska expires on the date specified in section

6 5402(f) of title 39.

7 § 41902. Schedules for certain transportation of mail

8 (a) REQUIREMENT.—Except as provided in section 41906 of this title and

9 section 5402 of title 39, an air carrier may transport mail by aircraft in

10 foreign air transportation or between places in Alaska only under a schedule

11 designated or required to be established under subsection (c) of this section

12 for the transportation of mail.

13 (b) STATEMENTS ON PLACES AND SCHEDULES.—Every air carrier shall

14 file with the Secretary of Transportation and the United States Postal Serv15 ice a statement showing—

16 (1) the places between which the carrier is authorized to provide for17 eign air transportation;

18 (2) the places between which the carrier is authorized to transport

19 mail in Alaska;

20 (3) every schedule of aircraft regularly operated by the carrier be21 tween places described in clauses (1) and (2) of this subsection and

22 every change in each schedule; and

23 (4) for each schedule, the places served by the carrier and the time

24 of arrival at, and departure from, each place.

25 (c) DESIGNATING AND ADDITIONAL SCHEDULES.—The Postal Service

26 may—

27 (1) designate any schedule of an air carrier filed under subsection

28 (b)(3) of this section for the transportation of mail between the places

29 between which the carrier is authorized by its certificate to transport

30 mail; and

31 (2) require the carrier to establish additional schedules for the trans32 portation of mail between those places.

33 (d) CHANGING SCHEDULES.—A schedule designated or required to be es34 tablished for the transportation of mail under subsection (c) of this section

35 may be changed only after 10 days’ notice of the change is filed as provided

36 in subsection (b)(3) of this section. The Postal Service may disapprove a

37 proposed change in a schedule or amend or modify the schedule or proposed

38 change.

39 (e) ORDERS.—An order of the Postal Service under this section may be40 come effective only after 10 days after the order is issued. A person ad41 versely affected by the order may appeal the order to the Secretary before
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1 the end of the 10-day period under regulations the Secretary prescribes. If

2 the public convenience and necessity require, the Secretary may amend,

3 modify, suspend, or cancel the order. Pending a decision about the order,

4 the Secretary may postpone the effective date of the order.

5 (f) PROCEEDINGS PREFERENCES.—The Secretary shall give preference to

6 a proceeding under this section over all other proceedings before the Sec7 retary under this subpart.

8 § 41903. Duty to provide certain transportation of mail

9 (a) AIR CARRIERS.—Subject to subsection (b) of this section, an air car10 rier authorized by its certificate to transport mail by aircraft in foreign air

11 transportation or between places in Alaska shall—

12 (1) provide facilities and services necessary and adequate to provide

13 that transportation; and

14 (2) transport mail between the places authorized in the certificate for

15 transportation of mail when required, and under regulations prescribed,

16 by the United States Postal Service.

17 (b) MAXIMUM MAIL LOAD.—The Secretary of Transportation may pre18 scribe the maximum mail load for a schedule or for an aircraft or type of

19 aircraft for the transportation of mail by aircraft in foreign air transpor20 tation or between places in Alaska. If the Postal Service tenders to an air

21 carrier mail exceeding the maximum load for transportation by the carrier

22 under a schedule designated or required to be established for the transpor23 tation of mail under section 41902(c) of this title, the carrier, as nearly in

24 accordance with the schedule as the Secretary decides is possible, shall—

25 (1) provide facilities sufficient to transport the mail to the extent the

26 Secretary decides the carrier reasonably is able to do so; and

27 (2) transport that mail.

28 § 41904. Noncitizens transporting mail to or in foreign coun29 tries

30 When the United States Postal Service decides that it may be necessary

31 to have a person not a citizen of the United States transport mail by air32 craft to or in a foreign country, the Postal Service may make an arrange33 ment with the person, without advertising, to provide the transportation.

34 § 41905. Regulating air carrier transportation of foreign

35 mail

36 An air carrier holding a certificate that authorizes foreign air transpor37 tation and transporting mail of a foreign country shall transport that mail

38 under the control of, and subject to regulation by, the United States Gov39 ernment.
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1 § 41906. Emergency mail transportation

2 (a) CONTRACT AUTHORITY.—In an emergency caused by a flood, fire, or

3 other disaster, the United States Postal Service may make a contract with4 out advertising to transport mail by aircraft to or from a locality affected

5 by the emergency when the available facilities of persons authorized to

6 transport mail to or from the locality are inadequate to meet the require7 ments of the Postal Service during the emergency. The contract may be only

8 for periods necessary to maintain mail service because of the inadequacy of

9 the facilities. Payment for transportation provided under the contract shall

10 be made at prices provided in the contract.

11 (b) TRANSPORTATION NOT AIR TRANSPORTATION.—Transportation pro12 vided under a contract made under subsection (a) of this section is not air

13 transportation within the meaning of this part.

14 § 41907. Prices for foreign transportation of mail

15 (a) LIMITATIONS.—When air transportation is provided between the Unit16 ed States and a foreign country both by aircraft owned or operated by an

17 air carrier holding a certificate under chapter 411 of this title and by air18 craft owned or operated by a foreign air carrier, the United States Postal

19 Service may not pay to or for the account of the foreign air carrier a price

20 for transporting mail by aircraft between the United States and the foreign

21 country that the Postal Service believes will result (over a reasonable period

22 determined by the Postal Service considering exchange fluctuations and

23 other factors) in the foreign air carrier receiving a price for transporting

24 the mail that is higher than the price—

25 (1) the government of a foreign country or foreign postal administra26 tion pays to air carriers for transporting mail of the foreign country

27 by aircraft between the foreign country and the United States; or

28 (2) determined by the Postal Service to be comparable to the price

29 the government of a foreign country or foreign postal administration

30 pays to air carriers for transporting mail of the foreign country by air31 craft between the foreign country and an intermediate country on the

32 route of the air carrier between the foreign country and the United

33 States.

34 (b) CHANGES.—The Secretary of Transportation shall act expeditiously

35 on proposed changes in prices for transporting mail by aircraft in foreign

36 air transportation. When prescribing those prices, the Secretary shall con37 sider—

38 (1) the prices paid for transportation of mail under the Universal

39 Postal Union Convention as ratified by the United States Government;

40 (2) the price-making elements used by the Universal Postal Union

41 in prescribing its airmail prices; and
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1 (3) the competitive disadvantage to United States flag air carriers

2 resulting from foreign air carriers receiving Universal Postal Union

3 prices for transporting United States mail and national origin mail of

4 their own countries.

5 § 41908. Prices for transporting mail of foreign countries

6 (a) PRICE DETERMINATIONS.—The United States Postal Service shall de7 termine the prices that an air carrier holding a certificate that authorizes

8 foreign air transportation must charge a government of a foreign country

9 or foreign postal administration for transporting mail of the foreign country.

10 The Postal Service shall put those prices into effect under the postal con11 vention regulating postal relations between the United States and the for12 eign country or as provided under this section.

13 (b) CHANGES.—The Postal Service may authorize an air carrier holding

14 a certificate that authorizes foreign air transportation, under limitations the

15 Postal Service prescribes, to change the prices the carrier charges a govern16 ment of a foreign country or foreign postal administration for transporting

17 mail of the foreign country in the foreign country or between the foreign

18 country and another foreign country.

19 (c) COLLECTING COMPENSATION.—(1) When an air carrier holding a cer20 tificate that authorizes foreign air transportation transports mail of a for21 eign country—

22 (A) under an arrangement with a government of a foreign country

23 or foreign postal administration made or approved under this section,

24 the carrier must collect its compensation for the transportation from

25 the foreign country under the arrangement; and

26 (B) without having an arrangement with a government of a foreign

27 country or foreign postal administration consistent with this section,

28 the compensation collected by the United States Government for the

29 transportation shall be for the account of the air carrier.

30 (2) An air carrier holding a certificate that authorizes foreign air trans31 portation is not entitled to receive compensation from both a government

32 of a foreign country or foreign postal administration and the United States

33 Government for transporting the same mail of the foreign country.

34 § 41909. Duty to oppose unreasonable prices under the Uni35 versal Postal Union Convention

36 The Secretary of State and the United States Postal Service shall—

37 (1) take appropriate action to ensure that the prices paid for trans38 porting mail under the Universal Postal Union Convention are not

39 higher than reasonable prices for transporting mail; and

40 (2) oppose any existing or proposed Universal Postal Union price

41 that is higher than a reasonable price for transporting mail.
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1 § 41910. Weighing mail

2 The United States Postal Service may weigh mail transported by aircraft

3 and make statistical and administrative computations necessary in the inter4 est of mail service. When the Secretary of Transportation decides that addi5 tional or more frequent weighings of mail are advisable or necessary to

6 carry out this part, the Postal Service shall provide the weighings, but it

7 is not required to provide them for continuous periods of more than 30

8 days.

9 § 41911. Evidence of providing mail service

10 When and in the form required by the United States Postal Service, an

11 air carrier transporting or handling—

12 (1) United States mail shall submit evidence, signed by an author13 ized official, that the transportation or handling has been provided; and

14 (2) mail of a foreign country shall submit evidence, signed by an au15 thorized official, of the amount of mail transported or handled and the

16 compensation payable and received for that transportation or handling.

17 § 41912. Effect on foreign postal arrangements

18 This part does not—

19 (1) affect an arrangement made by the United States Government

20 with the postal administration of a foreign country related to the trans21 portation of mail by aircraft; or

22 (2) impair the authority of the United States Postal Service to make

23 such an arrangement.

24 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.

25 SUBCHAPTER I—EMPLOYEE PROTECTION PROGRAM

26 § 42101. Definitions

27 (a) GENERAL.—In this subchapter—

28 (1) ‘‘eligible protected employee’’ means a protected employee who is

29 deprived of employment, or who is adversely affected related to com30 pensation, because of a qualifying dislocation.

31 (2) ‘‘major contraction’’ means a reduction (except as provided in

32 subsection (b) of this section) of at least 7.5 percent in the number

33 of full-time employees of an air carrier within a 12-month period, ex-
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1 cept for employees deprived of employment because of a strike or whose

2 employment is ended for cause.

3 (3) ‘‘protected employee’’ means an individual who on October 24,

4 1978, had been employed for at least 4 years by an air carrier that

5 held a certificate under section 401 of the Federal Aviation Act of

6 1958, but does not include a director or officer of a corporation.

7 (4) ‘‘qualifying dislocation’’ means a bankruptcy or major contrac8 tion of an air carrier holding a certificate under section 41102 of this

9 title when the Secretary of Transportation finds the bankruptcy or con10 traction occurred after December 31, 1978, and before January 1,

11 1989, the major cause of which was the change in regulatory structure

12 provided by the Airline Deregulation Act of 1978.

13 (b) MAJOR CONTRACTION.—The Secretary may find a reduction of less

14 than 7.5 percent of the number of full-time employees is part of a major

15 contraction if the Secretary decides another reduction is likely to occur with16 in the 12-month period in which the first reduction occurs that, when in17 cluded with the first reduction, will result in a total reduction of more than

18 7.5 percent.

19 § 42102. Payments to eligible protected employees

20 (a) AUTHORITY TO PAY AND APPLICATIONS FOR PAYMENTS.—Subject to

21 amounts provided in an appropriation law, the Secretary of Labor shall

22 make monthly assistance payments, moving expense payments, and reim23 bursement payments as provided under this section to an eligible protected

24 employee whose employment is not ended for cause. The employee must

25 apply to receive the payments and cooperate with the Secretary in finding

26 other employment.

27 (b) NUMBER AND AMOUNT OF PAYMENTS.—(1) Subject to amounts pro28 vided in an appropriation law, an eligible protected employee shall receive

29 72 monthly assistance payments. However, an eligible protected employee

30 deprived of employment may not receive a payment after obtaining other

31 employment. For each class or craft of protected employees, the Secretary

32 of Labor, after consulting with the Secretary of Transportation, shall pre33 scribe by regulation guidelines for computing the amount of each monthly

34 assistance payment to be made to a member of the class or craft and what

35 percentage of salary that payment represents.

36 (2) The amount of a monthly payment payable under paragraph (1) of

37 this subsection to an eligible protected employee shall be reduced—

38 (A) by unemployment compensation the employee receives; or

39 (B) if the employee does not accept reasonably comparable employ40 ment, to an amount the employee would be entitled to receive if the

41 employee had accepted the employment.
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1 (3) If accepting comparable employment to avoid a reduction in the

2 monthly assistance payment under paragraph (2) of this subsection would

3 force an eligible protected employee to relocate, the employee may decide not

4 to relocate. Instead of the payments provided under this section, the em5 ployee may receive the lesser of 3 payments or the maximum number of

6 payments that remain to be paid under paragraph (1) of this subsection.

7 (c) MOVING EXPENSES AND REIMBURSEMENTS.—(1) Subject to amounts

8 provided in an appropriation law, an eligible protected employee who relo9 cates shall receive—

10 (A) reasonable moving expense payments to move the employee and

11 the employee’s immediate family; and

12 (B) reimbursement payments for a loss incurred in selling the em13 ployee’s principal place of residence for less than fair market value or

14 in cancelling a lease on, or contract to buy, the residence.

15 (2) The Secretary of Labor shall decide on the amount of the moving ex16 penses and the fair market value of the residence.

17 § 42103. Duty to hire protected employees

18 (a) REHIRING PROTECTED EMPLOYEES.—A protected employee of an air

19 carrier regulated by the Secretary of Transportation who was furloughed or

20 whose employment was ended by the carrier (except for cause) before Octo21 ber 23, 1988, is entitled to be the first employed in the occupational spe22 cialty of the employee, regardless of the employee’s age, by any other air

23 carrier holding a certificate under section 41102 of this title before October

24 24, 1978. However, the air carrier may recall its furloughed employees be25 fore hiring a protected employee of another air carrier regulated by the Sec26 retary who was furloughed or whose employment was ended by the other

27 carrier (except for cause) before October 23, 1988. An employee hired by

28 an air carrier under this section retains seniority and recall rights with the

29 air carrier that furloughed or ended the employment of the employee.

30 (b) DUTIES OF SECRETARY OF LABOR.—The Secretary of Labor—

31 (1) shall establish and publish periodically a list of jobs available

32 with an air carrier holding a certificate under section 41102 of this

33 title that includes necessary information and detail;

34 (2) shall assist eligible protected employees to find other employ35 ment;

36 (3) shall encourage negotiations between air carriers and representa37 tives of employees on rehiring practices and seniority; and

38 (4) may require an air carrier to file with the Secretary information

39 necessary to carry out this section.
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1 § 42104. Congressional review of regulations

2 (a) DEFINITION.—In this section, ‘‘legislative day’’ means a calendar day

3 on which both Houses of Congress are in session.

4 (b) SUBMISSION TO CONGRESS.—The Secretary of Labor may not pre5 scribe a regulation under this subchapter until 30 legislative days after the

6 regulation is submitted to the Committee on Commerce, Science, and Trans7 portation of the Senate and the Committee on Public Works and Transpor8 tation of the House of Representatives.

9 (c) EFFECTIVENESS OF REGULATIONS.—A proposed regulation under

10 this subchapter shall be submitted to Congress and becomes effective only

11 if, during the period of 60 legislative days after the regulation is submitted

12 to Congress, either House does not pass a resolution disapproving the regu13 lation. However, if Congress adopts a resolution approving the regulation

14 during the 60-day period, the regulation is effective on that date.

15 § 42105. Airline Employees Protective Account

16 The Department of Labor has an Airline Employees Protective Account

17 consisting of amounts appropriated to it. An amount necessary to carry out

18 this subchapter, including administrative expenses, may be appropriated to

19 the Account annually.

20 § 42106. Ending effective date

21 This subchapter is not effective after the last day the Secretary of Labor

22 must make a payment under this subchapter.

23 SUBCHAPTER II—MUTUAL AID AGREEMENTS AND LABOR

24 REQUIREMENTS OF AIR CARRIERS

25 § 42111. Mutual aid agreements

26 An air carrier that will receive payments from another air carrier under

27 an agreement between the air carriers for the time the one air carrier is

28 not providing foreign air transportation, or is providing reduced levels of

29 foreign air transportation, because of a labor strike must file a true copy

30 of the agreement with the Secretary of Transportation and have it approved

31 by the Secretary under section 41309 of this title. Notwithstanding section

32 41309, the Secretary shall approve the agreement only if it provides that—

33 (1) the air carrier will receive payments of not more than 60 percent

34 of direct operating expenses, including interest expenses, but not depre35 ciation or amortization expenses;

36 (2) benefits may be paid for not more than 8 weeks, and may not

37 be for losses incurred during the first 30 days of a strike; and

38 (3) on request of the striking employees, the dispute will be submit39 ted to binding arbitration under the Railway Labor Act (45 U.S.C. 151

40 et seq.).
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1 § 42112. Labor requirements of air carriers

2 (a) DEFINITIONS.—In this section—

3 (1) ‘‘copilot’’ means an employee whose duties include assisting or

4 relieving the pilot in manipulating an aircraft and who is qualified to

5 serve as, and has in effect an airman certificate authorizing the em6 ployee to serve as, a copilot.

7 (2) ‘‘pilot’’ means an employee who is—

8 (A) responsible for manipulating or who manipulates the flight

9 controls of an aircraft when under way, including the landing and

10 takeoff of an aircraft; and

11 (B) qualified to serve as, and has in effect an airman certificate

12 authorizing the employee to serve as, a pilot.

13 (b) DUTIES OF AIR CARRIERS.—An air carrier shall—

14 (1) maintain rates of compensation, maximum hours, and other

15 working conditions and relations for its pilots and copilots who are pro16 viding interstate air transportation in the 48 contiguous States and the

17 District of Columbia to conform with decision number 83, May 10,

18 1934, National Labor Board, notwithstanding any limitation in that

19 decision on the period of its effectiveness;

20 (2) maintain rates of compensation for its pilots and copilots who are

21 providing foreign air transportation or air transportation only in one

22 territory or possession of the United States; and

23 (3) comply with title II of the Railway Labor Act (45 U.S.C. 181

24 et seq.) as long as it holds its certificate.

25 (c) MINIMUM ANNUAL RATE OF COMPENSATION.—A minimum annual

26 rate under subsection (b)(2) of this section may not be less than the annual

27 rate required to be paid for comparable service to a pilot or copilot under

28 subsection (b)(1) of this section.

29 (d) COLLECTIVE BARGAINING.—This section does not prevent pilots or

30 copilots of an air carrier from obtaining by collective bargaining higher rates

31 of compensation or more favorable working conditions or relations.

32 SUBPART III—SAFETY

33 CHAPTER 441—REGISTRATION AND RECORDATION OF

34 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.
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44111. Modifications in registration and recordation system for aircraft not providing air

transportation.

44112. Limitation of liability.

1 § 44101. Operation of aircraft

2 (a) REGISTRATION REQUIREMENT.—Except as provided in subsection (b)

3 of this section, a person may operate an aircraft only when the aircraft is

4 registered under section 44103 of this title.

5 (b) EXCEPTIONS.—A person may operate an aircraft in the United States

6 that is not registered—

7 (1) when authorized under section 40103(d) or 41703 of this title;

8 (2) when it is an aircraft of the national defense forces of the United

9 States and is identified in a way satisfactory to the Administrator of

10 the Federal Aviation Administration; and

11 (3) for a reasonable period of time after a transfer of ownership,

12 under regulations prescribed by the Administrator.

13 § 44102. Registration requirements

14 (a) ELIGIBILITY.—An aircraft may be registered under section 44103 of

15 this title only when the aircraft is—

16 (1) not registered under the laws of a foreign country and is owned

17 by—

18 (A) a citizen of the United States;

19 (B) an individual citizen of a foreign country lawfully admitted

20 for permanent residence in the United States; or

21 (C) a corporation not a citizen of the United States when the

22 corporation is organized and doing business under the laws of the

23 United States or a State, and the aircraft is based and primarily

24 used in the United States; or

25 (2) an aircraft of—

26 (A) the United States Government; or

27 (B) a State, the District of Columbia, a territory or possession

28 of the United States, or a political subdivision of a State, territory,

29 or possession.

30 (b) DUTY TO DEFINE CERTAIN TERM.—In carrying out subsection

31 (a)(1)(C) of this section, the Secretary of Transportation shall define

32 ‘‘based and primarily used in the United States’’.

33 § 44103. Registration of aircraft

34 (a) GENERAL.—(1) On application of the owner of an aircraft that meets

35 the requirements of section 44102 of this title, the Administrator of the

36 Federal Aviation Administration shall—

37 (A) register the aircraft; and

38 (B) issue a certificate of registration to its owner.
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1 (2) The Administrator may prescribe the extent to which an aircraft

2 owned by the holder of a dealer’s certificate of registration issued under sec3 tion 44104(2) of this title also is registered under this section.

4 (b) CONTROLLED SUBSTANCE VIOLATIONS.—(1) The Administrator may

5 not issue an owner’s certificate of registration under subsection (a)(1) of

6 this section to a person whose certificate is revoked under section 44106

7 of this title during the 5-year period beginning on the date of the revoca8 tion, except—

9 (A) as provided in section 44106(e)(2) of this title; or

10 (B) that the Administrator may issue the certificate to the person

11 after the one-year period beginning on the date of the revocation if the

12 Administrator decides that the aircraft otherwise meets the require13 ments of section 44102 of this title and that denial of a certificate for

14 the 5-year period—

15 (i) would be excessive considering the nature of the offense or

16 the act committed and the burden the denial places on the person;

17 or

18 (ii) would not be in the public interest.

19 (2) A decision of the Administrator under paragraph (1)(B)(i) or (ii) of

20 this subsection is within the discretion of the Administrator. That decision

21 or failure to make a decision is not subject to administrative or judicial re22 view.

23 (c) CERTIFICATES AS EVIDENCE.—A certificate of registration issued

24 under this section is—

25 (1) conclusive evidence of the nationality of an aircraft for inter26 national purposes, but not conclusive evidence in a proceeding under

27 the laws of the United States; and

28 (2) not evidence of ownership of an aircraft in a proceeding in which

29 ownership is or may be in issue.

30 (d) CERTIFICATES AVAILABLE FOR INSPECTION.—An operator of an air31 craft shall make available for inspection a certificate of registration for the

32 aircraft when requested by a United States Government, State, or local law

33 enforcement officer.

34 § 44104. Registration of aircraft components and dealers’

35 certificates of registration

36 The Administrator of the Federal Aviation Administration may prescribe

37 regulations—

38 (1) in the interest of safety for registering and identifying an aircraft

39 engine, propeller, or appliance; and
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1 (2) in the public interest for issuing, suspending, and revoking a

2 dealer’s certificate of registration under this chapter and for its use by

3 a person manufacturing, distributing, or selling aircraft.

4 § 44105. Suspension and revocation of aircraft certificates

5 The Administrator of the Federal Aviation Administration may suspend

6 or revoke a certificate of registration issued under section 44103 of this title

7 when the aircraft no longer meets the requirements of section 44102 of this

8 title.

9 § 44106. Revocation of aircraft certificates for controlled

10 substance violations

11 (a) DEFINITION.—In this section, ‘‘controlled substance’’ has the same

12 meaning given that term in section 102 of the Comprehensive Drug Abuse

13 Prevention and Control Act of 1970 (21 U.S.C. 802).

14 (b) REVOCATIONS.—(1) The Administrator of the Federal Aviation Ad15 ministration shall issue an order revoking the certificate of registration for

16 an aircraft issued to an owner under section 44103 of this title and any

17 other certificate of registration that the owner of the aircraft holds under

18 section 44103, if the Administrator finds that—

19 (A) the aircraft was used to carry out, or facilitate, an activity that

20 is punishable by death or imprisonment for more than one year under

21 a law of the United States or a State related to a controlled substance

22 (except a law related to simple possession of a controlled substance);

23 and

24 (B) the owner of the aircraft permitted the use of the aircraft know25 ing that the aircraft was to be used for the activity described in clause

26 (A) of this paragraph.

27 (2) An aircraft owner that is not an individual is deemed to have per28 mitted the use of the aircraft knowing that the aircraft was to be used for

29 the activity described in paragraph (1)(A) of this subsection only if a major30 ity of the individuals who control the owner of the aircraft or who are in31 volved in forming the major policy of the owner permitted the use of the

32 aircraft knowing that the aircraft was to be used for the activity described

33 in paragraph (1)(A).

34 (c) ADVICE TO HOLDERS AND OPPORTUNITY TO ANSWER.—Before the

35 Administrator revokes a certificate under subsection (b) of this section, the

36 Administrator shall—

37 (1) advise the holder of the certificate of the charges or reasons on

38 which the Administrator bases the proposed action; and

39 (2) provide the holder of the certificate an opportunity to answer the

40 charges and state why the certificate should not be revoked.
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1 (d) APPEALS.—(1) A person whose certificate is revoked by the Adminis2 trator under subsection (b) of this section may appeal the revocation order

3 to the National Transportation Safety Board. The Board shall affirm or re4 verse the order after providing notice and a hearing on the record. In con5 ducting the hearing, the Board is not bound by the findings of fact of the

6 Administrator.

7 (2) When a person files an appeal with the Board under this subsection,

8 the order of the Administrator revoking the certificate is stayed. However,

9 if the Administrator advises the Board that safety in air transportation or

10 air commerce requires the immediate effectiveness of the order—

11 (A) the order remains effective; and

12 (B) the Board shall dispose of the appeal not later than 60 days

13 after notification by the Administrator under this paragraph.

14 (3) A person substantially affected by an order of the Board under this

15 subsection may seek judicial review of the order under section 46110 of this

16 title. The Administrator shall be made a party to that judicial proceeding.

17 (e) ACQUITTAL.—(1) The Administrator may not revoke, and the Board

18 may not affirm a revocation of, a certificate of registration under this sec19 tion on the basis of an activity described in subsection (b)(1)(A) of this sec20 tion if the holder of the certificate is acquitted of all charges related to a

21 controlled substance in an indictment or information arising from the activ22 ity.

23 (2) If the Administrator has revoked a certificate of registration of a per24 son under this section because of an activity described in subsection

25 (b)(1)(A) of this section, the Administrator shall reissue a certificate to the

26 person if the person—

27 (A) subsequently is acquitted of all charges related to a controlled

28 substance in an indictment or information arising from the activity;

29 and

30 (B) otherwise meets the requirements of section 44102 of this title.

31 § 44107. Recordation of conveyances, leases, and security in32 struments

33 (a) ESTABLISHMENT OF SYSTEM.—The Administrator of the Federal

34 Aviation Administration shall establish a system for recording—

35 (1) conveyances that affect an interest in civil aircraft of the United

36 States;

37 (2) leases and instruments executed for security purposes, including

38 conditional sales contracts, assignments, and amendments, that affect

39 an interest in—

40 (A) a specifically identified aircraft engine having at least 750

41 rated takeoff horsepower or its equivalent;
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1 (B) a specifically identified aircraft propeller capable of absorb2 ing at least 750 rated takeoff shaft horsepower;

3 (C) an aircraft engine, propeller, or appliance maintained for in4 stallation or use in an aircraft, aircraft engine, or propeller, by or

5 for an air carrier holding a certificate issued under section 44705

6 of this title; and

7 (D) spare parts maintained by or for an air carrier holding a

8 certificate issued under section 44705 of this title; and

9 (3) releases, cancellations, discharges, and satisfactions related to a

10 conveyance, lease, or instrument recorded under clause (1) or (2) of

11 this subsection.

12 (b) GENERAL DESCRIPTION REQUIRED.—A lease or instrument recorded

13 under subsection (a)(2)(C) or (D) of this section only has to describe gen14 erally the engine, propeller, appliance, or spare part by type and designate

15 its location.

16 (c) ACKNOWLEDGMENT.—Except as the Administrator otherwise may

17 provide, a conveyance, lease, or instrument may be recorded under sub18 section (a) of this section only after it has been acknowledged before—

19 (1) a notary public; or

20 (2) another officer authorized under the laws of the United States,

21 a State, the District of Columbia, or a territory or possession of the

22 United States to acknowledge deeds.

23 (d) RECORDS AND INDEXES.—The Administrator shall—

24 (1) keep a record of the time and date that each conveyance, lease,

25 and instrument is filed and recorded with the Administrator; and

26 (2) record each conveyance, lease, and instrument filed with the Ad27 ministrator, in the order of their receipt, and index them by—

28 (A) the identifying description of the aircraft, aircraft engine,

29 or propeller, or location specified in a lease or instrument recorded

30 under subsection (a)(2)(C) or (D) of this section; and

31 (B) the names of the parties to each conveyance, lease, and in32 strument.

33 § 44108. Validity of conveyances, leases, and security instru34 ments

35 (a) VALIDITY BEFORE FILING.—Until a conveyance, lease, or instrument

36 executed for security purposes that may be recorded under section

37 44107(a)(1) or (2) of this title is filed for recording, the conveyance, lease,

38 or instrument is valid only against—

39 (1) the person making the conveyance, lease, or instrument;

40 (2) that person’s heirs and devisees; and
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1 (3) a person having actual notice of the conveyance, lease, or instru2 ment.

3 (b) PERIOD OF VALIDITY.—When a conveyance, lease, or instrument is

4 recorded under section 44107 of this title, the conveyance, lease, or instru5 ment is valid from the date of filing against all persons, without other rec6 ordation, except that—

7 (1) a lease or instrument recorded under section 44107(a)(2)(A) or

8 (B) of this title is valid for a specifically identified engine or propeller

9 without regard to a lease or instrument previously or subsequently re10 corded under section 44107(a)(2)(C) or (D); and

11 (2) a lease or instrument recorded under section 44107(a)(2)(C) or

12 (D) of this title is valid only for items at the location designated in

13 the lease or instrument.

14 (c) APPLICABLE LAWS.—(1) The validity of a conveyance, lease, or in15 strument that may be recorded under section 44107 of this title is subject

16 to the laws of the State, the District of Columbia, or the territory or posses17 sion of the United States at which the conveyance, lease, or instrument is

18 delivered, regardless of the place at which the subject of the conveyance,

19 lease, or instrument is located or delivered. If the conveyance, lease, or in20 strument specifies the place at which delivery is intended, it is presumed

21 that the conveyance, lease, or instrument was delivered at the specified

22 place.

23 (2) This subsection does not take precedence over the Convention on the

24 International Recognition of Rights in Aircraft (4 U.S.T. 1830).

25 (d) NONAPPLICATION.—This section does not apply to—

26 (1) a conveyance described in section 44107(a)(1) of this title that

27 was made before August 22, 1938; or

28 (2) a lease or instrument described in section 44107(a)(2) of this

29 title that was made before June 20, 1948.

30 § 44109. Reporting transfer of ownership

31 (a) FILING NOTICES.—A person having an ownership interest in an air32 craft for which a certificate of registration was issued under section 44103

33 of this title shall file a notice with the Secretary of the Treasury that the

34 Secretary requires by regulation, not later than 15 days after a sale, condi35 tional sale, transfer, or conveyance of the interest.

36 (b) EXEMPTIONS.—The Secretary—

37 (1) shall prescribe regulations that establish guidelines for exempting

38 a person or class from subsection (a) of this section; and

39 (2) may exempt a person or class under the regulations.
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1 § 44110. Information about aircraft ownership and rights

2 The Administrator of the Federal Aviation Administration may provide

3 by regulation for—

4 (1) endorsing information on each certificate of registration issued

5 under section 44103 of this title and each certificate issued under sec6 tion 44704 of this title about ownership of the aircraft for which each

7 certificate is issued; and

8 (2) recording transactions affecting an interest in, and for other

9 records, proceedings, and details necessary to decide the rights of a

10 party related to, a civil aircraft of the United States, aircraft engine,

11 propeller, appliance, or spare part.

12 § 44111. Modifications in registration and recordation sys13 tem for aircraft not providing air transportation

14 (a) APPLICATION.—This section applies only to aircraft not used to pro15 vide air transportation.

16 (b) AUTHORITY TO MAKE MODIFICATIONS.—The Administrator of the

17 Federal Aviation Administration shall make modifications in the system for

18 registering and recording aircraft necessary to make the system more effec19 tive in serving the needs of—

20 (1) buyers and sellers of aircraft;

21 (2) officials responsible for enforcing laws related to the regulation

22 of controlled substances (as defined in section 102 of the Comprehen23 sive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802));

24 and

25 (3) other users of the system.

26 (c) NATURE OF MODIFICATIONS.—Modifications made under subsection

27 (b) of this section—

28 (1) may include a system of titling aircraft or registering all aircraft,

29 even aircraft not operated;

30 (2) shall ensure positive, verifiable, and timely identification of the

31 true owner; and

32 (3) shall address at least each of the following deficiencies in and

33 abuses of the existing system:

34 (A) the registration of aircraft to fictitious persons.

35 (B) the use of false or nonexistent addresses by persons reg36 istering aircraft.

37 (C) the use by a person registering an aircraft of a post office

38 box or ‘‘mail drop’’ as a return address to evade identification of

39 the person’s address.

40 (D) the registration of aircraft to entities established to facili41 tate unlawful activities.
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1 (E) the submission of names of individuals on applications for

2 registration of aircraft that are not identifiable.

3 (F) the ability to make frequent legal changes in the registra4 tion markings assigned to aircraft.

5 (G) the use of false registration markings on aircraft.

6 (H) the illegal use of ‘‘reserved’’ registration markings on air7 craft.

8 (I) the large number of aircraft classified as being in ‘‘self-re9 ported status’’.

10 (J) the lack of a system to ensure timely and adequate notice

11 of the transfer of ownership of aircraft.

12 (K) the practice of allowing temporary operation and navigation

13 of aircraft without the issuance of a certificate of registration.

14 (d) REGULATIONS.—(1) The Administrator of the Federal Aviation Ad15 ministration shall prescribe regulations to carry out this section and provide

16 a written explanation of how the regulations address each of the deficiencies

17 and abuses described in subsection (c) of this section. In prescribing the

18 regulations, the Administrator of the Federal Aviation Administration shall

19 consult with the Administrator of Drug Enforcement, the Commissioner of

20 Customs, other law enforcement officials of the United States Government,

21 representatives of State and local law enforcement officials, representatives

22 of the general aviation aircraft industry, representatives of users of general

23 aviation aircraft, and other interested persons.

24 (2) Regulations prescribed under this subsection shall require that—

25 (A) each individual listed in an application for registration of an air26 craft provide with the application the individual’s driver’s license num27 ber; and

28 (B) each person (not an individual) listed in an application for reg29 istration of an aircraft provide with the application the person’s tax30 payer identifying number.

31 § 44112. Limitation of liability

32 (a) DEFINITIONS.—In this section—

33 (1) ‘‘lessor’’ means a person leasing for at least 30 days a civil air34 craft, aircraft engine, or propeller.

35 (2) ‘‘owner’’ means a person that owns a civil aircraft, aircraft en36 gine, or propeller.

37 (3) ‘‘secured party’’ means a person having a security interest in, or

38 security title to, a civil aircraft, aircraft engine, or propeller under a

39 conditional sales contract, equipment trust contract, chattel or cor40 porate mortgage, or similar instrument.
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1 (b) LIABILITY.—A lessor, owner, or secured party is liable for personal

2 injury, death, or property loss or damage on land or water only when a civil

3 aircraft, aircraft engine, or propeller is in the actual possession or control

4 of the lessor, owner, or secured party, and the personal injury, death, or

5 property loss or damage occurs because of—

6 (1) the aircraft, engine, or propeller; or

7 (2) the flight of, or an object falling from, the aircraft, engine, or

8 propeller.

9 CHAPTER 443—INSURANCE

Sec.

44301. Definitions.

44302. General authority.

44303. Coverage.

44304. Reinsurance.

44305. Insuring United States Government property.

44306. Premiums and limitations on coverage and claims.

44307. Revolving fund.

44308. Administrative.

44309. Civil actions.

44310. Ending effective date.

10 § 44301. Definitions

11 In this chapter—

12 (1) ‘‘American aircraft’’ means—

13 (A) a civil aircraft of the United States; and

14 (B) an aircraft owned or chartered by, or made available to—

15 (i) the United States Government; or

16 (ii) a State, the District of Columbia, a territory or posses17 sion of the United States, or a political subdivision of the

18 State, territory, or possession.

19 (2) ‘‘insurance carrier’’ means a person authorized to do aviation in20 surance business in a State, including a mutual or stock insurance

21 company and a reciprocal insurance association.

22 § 44302. General authority

23 (a) INSURANCE AND REINSURANCE.—(1) Subject to subsection (b) of this

24 section and section 44305(a) of this title, the Secretary of Transportation

25 may provide insurance and reinsurance against loss or damage arising out

26 of any risk from the operation of an American aircraft or foreign-flag air27 craft—

28 (A) in foreign air commerce; or

29 (B) between at least 2 places, all of which are outside the United

30 States.

31 (2) An aircraft may be insured or reinsured for not more than its reason32 able value as determined by the Secretary. Insurance or reinsurance may

33 be provided only when the Secretary decides that the insurance cannot be

34 obtained on reasonable terms from an insurance carrier.
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1 (b) PRESIDENTIAL APPROVAL.—The Secretary may provide insurance or

2 reinsurance under subsection (a) of this section only with the approval of

3 the President. The President may approve the insurance or reinsurance only

4 after deciding that the continued operation of the American aircraft or for5 eign-flag aircraft to be insured or reinsured is necessary to carry out the

6 foreign policy of the United States Government.

7 (c) CONSULTATION.—The President may require the Secretary to consult

8 with interested departments, agencies, and instrumentalities of the Govern9 ment before providing insurance or reinsurance under this chapter.

10 (d) ADDITIONAL INSURANCE.—With the approval of the Secretary, a per11 son having an insurable interest in an aircraft may insure with other under12 writers in an amount that is more than the amount insured with the Sec13 retary. However, the Secretary may not benefit from the additional insur14 ance. This subsection does not prevent the Secretary from making contracts

15 of coinsurance.

16 § 44303. Coverage

17 The Secretary of Transportation may provide insurance and reinsurance

18 authorized under section 44302 of this title for the following:

19 (1) an American aircraft or foreign-flag aircraft engaged in aircraft

20 operations the President decides are necessary to carry out the foreign

21 policy of the United States Government.

22 (2) property transported or to be transported on aircraft referred to

23 in clause (1) of this section, including—

24 (A) shipments by express or registered mail;

25 (B) property owned by citizens or residents of the United

26 States;

27 (C) property—

28 (i) imported to, or exported from, the United States; and

29 (ii) bought or sold by a citizen or resident of the United

30 States under a contract putting the risk of loss or obligation

31 to provide insurance against risk of loss on the citizen or resi32 dent; and

33 (D) property transported between—

34 (i) a place in a State or the District of Columbia and a

35 place in a territory or possession of the United States;

36 (ii) a place in a territory or possession of the United States

37 and a place in another territory or possession of the United

38 States; or

39 (iii) 2 places in the same territory or possession of the

40 United States.
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1 (3) the personal effects and baggage of officers and members of the

2 crew of an aircraft referred to in clause (1) of this section and of other

3 individuals employed or transported on that aircraft.

4 (4) officers and members of the crew of an aircraft referred to in

5 clause (1) of this section and other individuals employed or transported

6 on that aircraft against loss of life, injury, or detention.

7 (5) statutory or contractual obligations or other liabilities, customar8 ily covered by insurance, of an aircraft referred to in clause (1) of this

9 section or of the owner or operator of that aircraft.

10 § 44304. Reinsurance

11 (a) GENERAL AUTHORITY.—To the extent the Secretary of Transpor12 tation is authorized to provide insurance under this chapter, the Secretary

13 may reinsure any part of the insurance provided by an insurance carrier.

14 The Secretary may reinsure with, transfer to, or transfer back to, the car15 rier any insurance or reinsurance provided by the Secretary under this

16 chapter.

17 (b) PREMIUM LEVELS.—The Secretary may provide reinsurance at pre18 miums not less than, or obtain reinsurance at premiums not higher than,

19 the premiums the Secretary establishes on similar risks or the premiums the

20 insurance carrier charges for the insurance to be reinsured by the Secretary,

21 whichever is most advantageous to the Secretary. However, the Secretary

22 may make allowances to the insurance carrier for expenses incurred in pro23 viding services and facilities that the Secretary considers good business

24 practice, except for payments by the carrier for the stimulation or solicita25 tion of insurance business.

26 § 44305. Insuring United States Government property

27 (a) GENERAL.—With the approval of the President, a department, agen28 cy, or instrumentality of the United States Government may obtain—

29 (1) insurance under this chapter, including insurance for risks from

30 operating an aircraft in intrastate or interstate air commerce, but not

31 including insurance on valuables subject to sections 1 and 2 of the Gov32 ernment Losses in Shipment Act (40 U.S.C. 721, 722); and

33 (2) insurance for risks arising from providing goods or services di34 rectly related to and necessary for operating an aircraft covered by in35 surance obtained under clause (1) of this subsection if the aircraft is

36 operated—

37 (A) in carrying out a contract of the department, agency, or in38 strumentality; or

39 (B) to transport military forces or materiel on behalf of the

40 United States under an agreement between the Government and

41 the government of a foreign country.
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1 (b) PREMIUM WAIVERS AND INDEMNIFICATION.—With the approval re2 quired under subsection (a) of this section, the Secretary of Transportation

3 may provide the insurance without premium at the request of the Secretary

4 of Defense or the head of a department, agency, or instrumentality des5 ignated by the President when the Secretary of Defense or the designated

6 head agrees to indemnify the Secretary of Transportation against all losses

7 covered by the insurance. The Secretary of Defense and any designated

8 head may make indemnity agreements with the Secretary of Transportation

9 under this section.

10 § 44306. Premiums and limitations on coverage and claims

11 (a) PREMIUMS BASED ON RISK.—To the extent practical, the premium

12 charged for insurance or reinsurance under this chapter shall be based on

13 consideration of the risk involved.

14 (b) TIME LIMITS.—The Secretary of Transportation may provide insur15 ance and reinsurance under this chapter for a period of not more than 60

16 days. The period may be extended for additional periods of not more than

17 60 days each only if the President decides, before each additional period,

18 that the continued operation of the aircraft to be insured or reinsured is

19 necessary to carry out the foreign policy of the United States Government.

20 (c) MAXIMUM INSURED AMOUNT.—The insurance policy on an aircraft

21 insured or reinsured under this chapter shall specify a stated amount that

22 is not more than the value of the aircraft, as determined by the Secretary.

23 A claim under the policy may not be paid for more than that stated amount.

24 § 44307. Revolving fund

25 (a) EXISTENCE, DISBURSEMENTS, APPROPRIATIONS, AND DEPOSITS.—

26 (1) There is a revolving fund in the Treasury. The Secretary of the Treas27 ury shall disburse from the fund payments to carry out this chapter.

28 (2) Necessary amounts to carry out this chapter may be appropriated to

29 the fund. The amounts appropriated and other amounts received in carrying

30 out this chapter shall be deposited in the fund.

31 (b) INVESTMENT.—On request of the Secretary of Transportation, the

32 Secretary of the Treasury may invest any part of the amounts in the revolv33 ing fund in interest-bearing securities of the United States Government.

34 The interest on, and the proceeds from the sale or redemption of, the securi35 ties shall be deposited in the fund.

36 (c) EXCESS AMOUNTS.—The balance in the revolving fund in excess of

37 an amount the Secretary of Transportation determines is necessary for the

38 requirements of the fund and for reasonable reserves to maintain the sol39 vency of the fund shall be deposited at least annually in the Treasury as

40 miscellaneous receipts.
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1 (d) EXPENSES.—The Secretary of Transportation shall deposit annually

2 an amount in the Treasury as miscellaneous receipts to cover the expenses

3 the Government incurs when the Secretary of Transportation uses appro4 priated amounts in carrying out this chapter. The deposited amount shall

5 equal an amount determined by multiplying the average monthly balance of

6 appropriated amounts retained in the revolving fund by a percentage that

7 is at least the current average rate payable on marketable obligations of the

8 Government. The Secretary of the Treasury shall determine annually in ad9 vance the percentage applied.

10 § 44308. Administrative

11 (a) COMMERCIAL PRACTICES.—The Secretary of Transportation may

12 carry out this chapter consistent with commercial practices of the aviation

13 insurance business.

14 (b) ISSUANCE OF POLICIES AND DISPOSITION OF CLAIMS.—(1) The Sec15 retary may issue insurance policies to carry out this chapter. The Secretary

16 may prescribe the forms, amounts insured under the policies, and premiums

17 charged. The Secretary may change an amount of insurance or a premium

18 for an existing policy only with the consent of the insured.

19 (2) For a claim under insurance authorized by this chapter, the Secretary

20 may—

21 (A) settle and pay the claim made for or against the United States

22 Government; and

23 (B) pay the amount of a judgment entered against the Government.

24 (c) UNDERWRITING AGENT.—(1) The Secretary may, and when practical

25 shall, employ an insurance carrier or group of insurance carriers to act as

26 an underwriting agent. The Secretary may use the agent to adjust claims

27 under this chapter, but claims may be paid only when approved by the

28 Secretary.

29 (2) The Secretary may pay reasonable compensation to an underwriting

30 agent for servicing insurance the agent writes for the Secretary. Compensa31 tion may include payment for reasonable expenses incurred by the agent but

32 may not include a payment by the agent for stimulation or solicitation of

33 insurance business.

34 (3) Except as provided by this subsection, the Secretary may not pay an

35 insurance broker or other person acting in a similar capacity any consider36 ation for arranging insurance when the Secretary directly insures any part

37 of the risk.

38 (d) BUDGET.—The Secretary shall submit annually a budget program for

39 carrying out this chapter as provided for wholly owned Government corpora40 tions under chapter 91 of title 31.
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1 (e) ACCOUNTS.—The Secretary shall maintain a set of accounts. The

2 Comptroller General shall audit those accounts under chapter 35 of title 31.

3 Notwithstanding chapter 35, the Comptroller General shall allow credit for

4 expenditures under this chapter made consistent with commercial practices

5 in the aviation insurance business when shown to be necessary because of

6 the business activities authorized by this chapter.

7 § 44309. Civil actions

8 (a) DISPUTED LOSSES.—A person may bring a civil action in a district

9 court of the United States against the United States Government when a

10 loss insured under this chapter is in dispute. A civil action involving the

11 same matter (except the action authorized by this subsection) may not be

12 brought against an agent, officer, or employee of the Government carrying

13 out this chapter. To the extent applicable, the procedure in an action

14 brought under section 1346(a)(2) of title 28 applies to an action under this

15 subsection.

16 (b) VENUE AND JOINDER.—(1) A civil action under subsection (a) of this

17 section may be brought in the judicial district for the District of Columbia

18 or in the judicial district in which the plaintiff or the agent of the plaintiff

19 resides if the plaintiff resides in the United States. If the plaintiff does not

20 reside in the United States, the action may be brought in the judicial dis21 trict for the District of Columbia or in the judicial district in which the At22 torney General agrees to accept service.

23 (2) An interested person may be joined as a party to a civil action

24 brought under subsection (a) of this section initially or on motion of either

25 party to the action.

26 (c) TIME REQUIREMENTS.—When an insurance claim is made under this

27 chapter, the period during which, under section 2401 of title 28, a civil ac28 tion must be brought under subsection (a) of this section is suspended until

29 60 days after the Secretary of Transportation denies the claim. The claim

30 is deemed to be administratively denied if the Secretary does not act on the

31 claim not later than 6 months after filing, unless the Secretary makes a dif32 ferent agreement with the claimant when there is good cause for an agree33 ment.

34 (d) INTERPLEADER.—(1) If the Secretary admits the Government owes

35 money under an insurance claim under this chapter and there is a dispute

36 about the person that is entitled to payment, the Government may bring

37 a civil action of interpleader in a district court of the United States against

38 the persons that may be entitled to payment. The action may be brought

39 in the judicial district for the District of Columbia or in the judicial district

40 in which any party resides.
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1 (2) The district court may order a party not residing or found in the judi2 cial district in which the action is brought to appear in a civil action under

3 this subsection. The order shall be served in a reasonable manner decided

4 by the district court. If the court decides an unknown person might assert

5 a claim under the insurance that is the subject of the action, the court may

6 order service on that person by publication in the Federal Register.

7 (3) Judgment in a civil action under this subsection discharges the Gov8 ernment from further liability to the parties to the action and to all other

9 persons served by publication under paragraph (2) of this subsection.

10 § 44310. Ending effective date

11 The authority of the Secretary of Transportation to provide insurance

12 and reinsurance under this chapter is not effective after September 30,

13 1997.

14 CHAPTER 445—FACILITIES, PERSONNEL, AND

15 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.

16 § 44501. Plans and policy

17 (a) LONG RANGE PLANS AND POLICY REQUIREMENTS.—The Adminis18 trator of the Federal Aviation Administration shall make long range plans

19 and policy for the orderly development and use of the navigable airspace,

20 and the orderly development and location of air navigation facilities, that

21 will best meet the needs of, and serve the interests of, civil aeronautics and

22 the national defense, except for needs of the armed forces that are peculiar

23 to air warfare and primarily of military concern.

24 (b) AIRWAY CAPITAL INVESTMENT PLAN.—The Administrator of the

25 Federal Aviation Administration shall review, revise, and publish a national

26 airways system plan, known as the Airway Capital Investment Plan, before

27 the beginning of each fiscal year. The plan shall set forth—

28 (1) for a 10-year period, the research, engineering, and development

29 programs and the facilities and equipment that the Administrator con30 siders necessary for a system of airways, air traffic services, and navi31 gation aids that will—
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1 (A) meet the forecasted needs of civil aeronautics;

2 (B) meet the requirements that the Secretary of Defense estab3 lishes for the support of the national defense; and

4 (C) provide the highest degree of safety in air commerce;

5 (2) for the first and 2d years of the plan, detailed annual estimates

6 of—

7 (A) the number, type, location, and cost of acquiring, operating,

8 and maintaining required facilities and services;

9 (B) the cost of research, engineering, and development required

10 to improve safety, system capacity, and efficiency; and

11 (C) personnel levels required for the activities described in

12 subclauses (A) and (B) of this clause;

13 (3) for the 3d, 4th, and 5th years of the plan, estimates of the total

14 cost of each major program for the 3-year period, and additional major

15 research programs, acquisition of systems and facilities, and changes

16 in personnel levels that may be required to meet long range objectives

17 and that may have significant impact on future funding requirements;

18 and

19 (4) a 10-year investment plan that considers long range objectives

20 that the Administrator considers necessary to—

21 (A) ensure that safety is given the highest priority in providing

22 for a safe and efficient airway system; and

23 (B) meet the current and projected growth of aviation and the

24 requirements of interstate commerce, the United States Postal

25 Service, and the national defense.

26 (c) NATIONAL AVIATION RESEARCH PLAN.—(1) The Administrator of

27 the Federal Aviation Administration shall prepare and publish annually a

28 national aviation research plan and submit the plan to the Committee on

29 Commerce, Science, and Transportation of the Senate and the Committee

30 on Science, Space, and Technology of the House of Representatives. The

31 plan shall be submitted not later than the date of submission of the Presi32 dent’s budget to Congress.

33 (2)(A) The plan shall describe, for a 15-year period, the research, engi34 neering, and development that the Administrator of the Federal Aviation

35 Administration considers necessary—

36 (i) to ensure the continued capacity, safety, and efficiency of aviation

37 in the United States, considering emerging technologies and forecasted

38 needs of civil aeronautics; and

39 (ii) to provide the highest degree of safety in air travel.

40 (B) The plan shall cover all research conducted under sections 40119,

41 44504, 44505, 44507, 44511–44513, and 44912 of this title and shall iden-
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1 tify complementary and coordinated research efforts that the Administrator

2 of the National Aeronautics and Space Administration conducts with

3 amounts specifically appropriated to the Administration. For projects for

4 which the Administrator of the Federal Aviation Administration anticipates

5 requesting an appropriation, the plan shall include—

6 (i) for the first 2 years of the plan, detailed annual estimates of the

7 schedule, cost, and work-force levels for each research project, including

8 a description of the scope and content of each major contract, grant,

9 or interagency agreement;

10 (ii) for the 3d, 4th, and 5th years of the plan, estimates of the total

11 cost of each major project and any additional major research projects

12 that may be required to meet long-term objectives and that may have

13 significant impact on future appropriations requirements;

14 (iii) for the 6th and subsequent years of the plan, the long-term ob15 jectives the Administrator of the Federal Aviation Administration con16 siders necessary to ensure that aviation safety will be given the highest

17 priority; and

18 (iv) details of a program to disseminate to the private sector the re19 sults of aviation research conducted by the Administrator of the Fed20 eral Aviation Administration, including any new technologies developed.

21 (3) Subject to section 40119(b) of this title and regulations prescribed

22 under section 40119(b), the Administrator of the Federal Aviation Adminis23 tration shall submit to the committees named in paragraph (1) of this sub24 section an annual report on the accomplishments of the research completed

25 during the prior fiscal year. The report shall be submitted with the plan

26 required under paragraph (1) and be organized to allow comparison with

27 the plan in effect for the prior fiscal year.

28 § 44502. General facilities and personnel authority

29 (a) GENERAL AUTHORITY.—(1) The Administrator of the Federal Avia30 tion Administration may—

31 (A) acquire, establish, improve, operate, and maintain air navigation

32 facilities; and

33 (B) provide facilities and personnel to regulate and protect air traf34 fic.

35 (2) The cost of site preparation work associated with acquiring, establish36 ing, or improving an air navigation facility under paragraph (1)(A) of this

37 subsection shall be charged to amounts available for that purpose appro38 priated under section 48101(a) of this title. The Secretary of Transpor39 tation may make an agreement with an airport owner or sponsor (as defined

40 in section 47102 of this title) so that the owner or sponsor will provide the
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1 work and be paid or reimbursed by the Secretary from the appropriated

2 amounts.

3 (3) The Secretary of Transportation may authorize a department, agency,

4 or instrumentality of the United States Government to carry out any duty

5 or power under this subsection with the consent of the head of the depart6 ment, agency, or instrumentality.

7 (b) CERTIFICATION OF NECESSITY.—Except for Government money ex8 pended under this part or for a military purpose, money may be expended

9 to acquire, establish, construct, operate, repair, alter, or maintain an air

10 navigation facility only if the Administrator of the Federal Aviation Admin11 istration certifies in writing that the facility is reasonably necessary for use

12 in air commerce or for the national defense. An interested person may apply

13 for a certificate for a facility to be acquired, established, constructed, oper14 ated, repaired, altered, or maintained by or for the person.

15 (c) ENSURING CONFORMITY WITH PLANS AND POLICIES.—(1) To ensure

16 that conformity with plans and policies for, and allocation of, airspace by

17 the Administrator of the Federal Aviation Administration under section

18 40103(b)(1) of this title, a military airport, military landing area, or missile

19 or rocket site may be acquired, established, or constructed, or a runway may

20 be altered substantially, only if the Administrator of the Federal Aviation

21 Administration is given reasonable prior notice so that the Administrator of

22 the Federal Aviation Administration may advise the appropriate committees

23 of Congress and interested departments, agencies, and instrumentalities of

24 the Government on the effect of the acquisition, establishment, construction,

25 or alteration on the use of airspace by aircraft. A disagreement between the

26 Administrator of the Federal Aviation Administration and the Secretary of

27 Defense or the Administrator of the National Aeronautics and Space Ad28 ministration may be appealed to the President for a final decision.

29 (2) To ensure conformity, an airport or landing area not involving the

30 expenditure of Government money may be established or constructed, or a

31 runway may be altered substantially, only if the Administrator of the Fed32 eral Aviation Administration is given reasonable prior notice so that the Ad33 ministrator may provide advice on the effects of the establishment, construc34 tion, or alteration on the use of airspace by aircraft.

35 (d) PUBLIC USE AND EMERGENCY ASSISTANCE.—(1) The head of a de36 partment, agency, or instrumentality of the Government having jurisdiction

37 over an air navigation facility owned or operated by the Government may

38 provide, under regulations the head of the department, agency, or instru39 mentality prescribes, for public use of the facility.

40 (2) The head of a department, agency, or instrumentality of the Govern41 ment having jurisdiction over an airport or emergency landing field owned
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1 or operated by the Government may provide, under regulations the head of

2 the department, agency, or instrumentality prescribes, for assistance, and

3 the sale of fuel, oil, equipment, and supplies, to an aircraft, but only when

4 necessary, because of an emergency, to allow the aircraft to continue to the

5 nearest airport operated by private enterprise. The head of the department,

6 agency, or instrumentality shall provide for the assistance and sale at the

7 prevailing local fair market value as determined by the head of the depart8 ment, agency, or instrumentality. An amount that the head decides is equal

9 to the cost of the assistance provided and the fuel, oil, equipment, and sup10 plies sold shall be credited to the appropriation from which the cost was

11 paid. The balance shall be credited to miscellaneous receipts.

12 (e) CONSENT OF CONGRESS.—Congress consents to a State making an

13 agreement, not in conflict with a law of the United States, with another

14 State to develop or operate an airport facility.

15 (f) TRANSFERS OF INSTRUMENT LANDING SYSTEMS.—An airport may

16 transfer, without consideration, to the Administrator of the Federal Aviation

17 Administration an instrument landing system (and associated approach

18 lighting equipment and runway visual range equipment) that conforms to

19 performance specifications of the Administrator if a Government airport aid

20 program, airport development aid program, or airport improvement project

21 grant was used to assist in purchasing the system. The Administrator shall

22 accept the system and operate and maintain it under criteria of the Admin23 istrator.

24 § 44503. Reducing nonessential expenditures

25 The Secretary of Transportation shall attempt to reduce the capital, oper26 ating, maintenance, and administrative costs of the national airport and air27 way system to the maximum extent practicable consistent with the highest

28 degree of aviation safety. At least annually, the Secretary shall consult with

29 and consider the recommendations of users of the system on ways to reduce

30 nonessential expenditures of the United States Government for aviation.

31 The Secretary shall give particular attention to a recommendation that may

32 reduce, with no adverse effect on safety, future personnel requirements and

33 costs to the Government required to be recovered from user charges.

34 § 44504. Improved aircraft, aircraft engines, propellers, and

35 appliances

36 (a) DEVELOPMENTAL WORK AND SERVICE TESTING.—The Administrator

37 of the Federal Aviation Administration may conduct or supervise devel38 opmental work and service testing to improve aircraft, aircraft engines, pro39 pellers, and appliances.

40 (b) RESEARCH.—The Administrator shall conduct or supervise research—
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1 (1) to develop technologies and analyze information to predict the ef2 fects of aircraft design, maintenance, testing, wear, and fatigue on the

3 life of aircraft and air safety;

4 (2) to develop methods of analyzing and improving aircraft mainte5 nance technology and practices, including nondestructive evaluation of

6 aircraft structures;

7 (3) to assess the fire and smoke resistance of aircraft material;

8 (4) to develop improved fire and smoke resistant material for aircraft

9 interiors;

10 (5) to develop and improve fire and smoke containment systems for

11 inflight aircraft fires;

12 (6) to develop advanced aircraft fuels with low flammability and

13 technologies that will contain aircraft fuels to minimize post-crash fire

14 hazards; and

15 (7) to develop technologies and methods to assess the risk of and

16 prevent defects, failures, and malfunctions of products, parts, proc17 esses, and articles manufactured for use in aircraft, aircraft engines,

18 propellers, and appliances that could result in a catastrophic failure of

19 an aircraft.

20 (c) AUTHORITY TO BUY ITEMS OFFERING SPECIAL ADVANTAGES.—In

21 carrying out this section, the Administrator, by negotiation or otherwise,

22 may buy or exchange experimental aircraft, aircraft engines, propellers, and

23 appliances that the Administrator decides may offer special advantages to

24 aeronautics.

25 § 44505. Systems, procedures, facilities, and devices

26 (a) GENERAL REQUIREMENTS.—(1) The Administrator of the Federal

27 Aviation Administration shall—

28 (A) develop, alter, test, and evaluate systems, procedures, facilities,

29 and devices, and define their performance characteristics, to meet the

30 needs for safe and efficient navigation and traffic control of civil and

31 military aviation, except for needs of the armed forces that are peculiar

32 to air warfare and primarily of military concern; and

33 (B) select systems, procedures, facilities, and devices that will best

34 serve those needs and promote maximum coordination of air traffic

35 control and air defense systems.

36 (2) The Administrator may make contracts to carry out this subsection

37 without regard to section 3324(a) and (b) of title 31.

38 (3) When a substantial question exists under paragraph (1) of this sub39 section about whether a matter is of primary concern to the armed forces,

40 the Administrator shall decide whether the Administrator or the Secretary

41 of the appropriate military department has responsibility. The Adminis-
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1 trator shall be given technical information related to each research and de2 velopment project of the armed forces that potentially applies to, or poten3 tially conflicts with, the common system to ensure that potential application

4 to the common system is considered properly and that potential conflicts

5 with the system are eliminated.

6 (b) RESEARCH ON HUMAN FACTORS AND SIMULATION MODELS.—The

7 Administrator shall conduct or supervise research—

8 (1) to develop a better understanding of the relationship between

9 human factors and aviation accidents and between human factors and

10 air safety;

11 (2) to enhance air traffic controller, mechanic, and flight crew per12 formance;

13 (3) to develop a human-factor analysis of the hazards associated with

14 new technologies to be used by air traffic controllers, mechanics, and

15 flight crews;

16 (4) to identify innovative and effective corrective measures for

17 human errors that adversely affect air safety; and

18 (5) to develop dynamic simulation models of the air traffic control

19 system and airport design and operating procedures that will provide

20 analytical technology—

21 (A) to predict airport and air traffic control safety and capacity

22 problems;

23 (B) to evaluate planned research projects; and

24 (C) to test proposed revisions in airport and air traffic control

25 operations programs.

26 (c) RESEARCH ON DEVELOPING AND MAINTAINING A SAFE AND EFFI27 CIENT SYSTEM.—The Administrator shall conduct or supervise research

28 on—

29 (1) airspace and airport planning and design;

30 (2) airport capacity enhancement techniques;

31 (3) human performance in the air transportation environment;

32 (4) aviation safety and security;

33 (5) the supply of trained air transportation personnel, including pi34 lots and mechanics; and

35 (6) other aviation issues related to developing and maintaining a safe

36 and efficient air transportation system.

37 § 44506. Air traffic controllers

38 (a) RESEARCH ON EFFECT OF AUTOMATION ON PERFORMANCE.—To de39 velop the means necessary to establish appropriate selection criteria and

40 training methodologies for the next generation of air traffic controllers, the

41 Administrator of the Federal Aviation Administration shall conduct research
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1 to study the effect of automation on the performance of the next generation

2 of air traffic controllers and the air traffic control system. The research

3 shall include investigating—

4 (1) methods for improving and accelerating future air traffic control5 ler training through the application of advanced training techniques, in6 cluding the use of simulation technology;

7 (2) the role of automation in the air traffic control system and its

8 physical and psychological effects on air traffic controllers;

9 (3) the attributes and aptitudes needed to function well in a highly

10 automated air traffic control system and the development of appro11 priate testing methods for identifying individuals with those attributes

12 and aptitudes;

13 (4) innovative methods for training potential air traffic controllers to

14 enhance the benefits of automation and maximize the effectiveness of

15 the air traffic control system; and

16 (5) new technologies and procedures for exploiting automated com17 munication systems, including Mode S Transponders, to improve infor18 mation transfers between air traffic controllers and aircraft pilots.

19 (b) RESEARCH ON HUMAN FACTOR ASPECTS OF AUTOMATION.—The Ad20 ministrators of the Federal Aviation Administration and National Aero21 nautics and Space Administration may make an agreement for the use of

22 the National Aeronautics and Space Administration’s unique human factor

23 facilities and expertise in conducting research activities to study the human

24 factor aspects of the highly automated environment for the next generation

25 of air traffic controllers. The research activities shall include investigating—

26 (1) human perceptual capabilities and the effect of computer-aided

27 decision making on the workload and performance of air traffic control28 lers;

29 (2) information management techniques for advanced air traffic con30 trol display systems; and

31 (3) air traffic controller workload and performance measures, includ32 ing the development of predictive models.

33 (c) COLLEGIATE TRAINING INITIATIVE.—(1) The Administrator of the

34 Federal Aviation Administration may maintain the Collegiate Training Ini35 tiative program by making new agreements and continuing existing agree36 ments with institutions of higher education (as defined by the Adminis37 trator) under which the institutions prepare students for the position of air

38 traffic controller with the Department of Transportation (as defined in sec39 tion 2109 of title 5). The Administrator may establish standards for the

40 entry of institutions into the program and for their continued participation.
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1 (2)(A) The Administrator of the Federal Aviation Administration may ap2 point an individual who has successfully completed a course of training in

3 a program described in paragraph (1) of this subsection to the position of

4 air traffic controller noncompetitively in the excepted service (as defined in

5 section 2103 of title 5). An individual appointed under this paragraph

6 serves at the pleasure of the Administrator, subject to section 7511 of title

7 5. However, an appointment under this paragraph may be converted from

8 one in the excepted service to a career conditional or career appointment

9 in the competitive civil service (as defined in section 2102 of title 5) when

10 the individual achieves full performance level air traffic controller status, as

11 decided by the Administrator.

12 (B) The authority under subparagraph (A) of this paragraph to make ap13 pointments in the excepted service expires on October 6, 1997, except that

14 the Administrator of the Federal Aviation Administration may extend the

15 authority for one or more successive one-year periods.

16 (d) STAFFING REPORT.—The Administrator of the Federal Aviation Ad17 ministration shall submit annually to the Committee on Public Works and

18 Transportation of the House of Representatives and the Committee on Com19 merce, Science, and Transportation of the Senate a report containing—

20 (1) the staffing standards used to determine the number of air traf21 fic controllers needed to operate the air traffic control system of the

22 United States;

23 (2) a 3-year projection of the number of controllers needed to be em24 ployed to operate the system to meet the standards; and

25 (3) a detailed plan for employing the controllers, including projected

26 budget requests.

27 § 44507. Civil aeromedical research

28 The Civil Aeromedical Institute established by section 106(j) of this title

29 may—

30 (1) conduct civil aeromedical research, including research related

31 to—

32 (A) the protection and survival of aircraft occupants;

33 (B) medical accident investigation and airman medical certifi34 cation;

35 (C) toxicology and the effects of drugs on human performance;

36 (D) the impact of disease and disability on human performance;

37 (E) vision and its relationship to human performance and equip38 ment design;

39 (F) human factors of flight crews, air traffic controllers, me40 chanics, inspectors, airway facility technicians, and other individ-
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1 uals involved in operating and maintaining aircraft and air traffic

2 control equipment; and

3 (G) agency work force optimization, including training, equip4 ment design, reduction of errors, and identification of candidate

5 tasks for automation;

6 (2) make comments to the Administrator of the Federal Aviation Ad7 ministration on human factors aspects of proposed air safety regula8 tions;

9 (3) make comments to the Administrator on human factors aspects

10 of proposed training programs, equipment requirements, standards,

11 and procedures for aviation personnel;

12 (4) advise, assist, and represent the Federal Aviation Administration

13 in the human factors aspects of joint projects between the Administra14 tion and the National Aeronautics and Space Administration, other de15 partments, agencies, and instrumentalities of the United States Gov16 ernment, industry, and governments of foreign countries; and

17 (5) provide medical consultation services to the Administrator about

18 medical certification of airmen.

19 § 44508. Research advisory committee

20 (a) ESTABLISHMENT AND DUTIES.—(1) There is a research advisory

21 committee in the Federal Aviation Administration. The committee shall—

22 (A) provide advice and recommendations to the Administrator of the

23 Federal Aviation Administration about needs, objectives, plans, ap24 proaches, content, and accomplishments of the aviation research pro25 gram carried out under sections 40119, 44504, 44505, 44507, 44511–

26 44513, and 44912 of this title;

27 (B) assist in ensuring that the research is coordinated with similar

28 research being conducted outside the Administration; and

29 (C) review the operations of the regional centers of air transpor30 tation excellence established under section 44513 of this title.

31 (2) The Administrator may establish subordinate committees to provide

32 advice on specific areas of research conducted under sections 40119, 44504,

33 44505, 44507, 44511–44513, and 44912 of this title.

34 (b) MEMBERS, CHAIRMAN, PAY, AND EXPENSES.—(1) The committee is

35 composed of not more than 30 members appointed by the Administrator

36 from among individuals who are not employees of the Administration and

37 who are specially qualified to serve on the committee because of their edu38 cation, training, or experience. In appointing members of the committee, the

39 Administrator shall ensure that the regional centers of air transportation

40 excellence, universities, corporations, associations, consumers, and other de-
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1 partments, agencies, and instrumentalities of the United States Government

2 are represented.

3 (2) The Administrator shall designate the chairman of the committee.

4 (3) A member of the committee serves without pay. However, the Admin5 istrator may allow a member, when attending meetings of the committee or

6 a subordinate committee, expenses as authorized under section 5703 of title

7 5.

8 (c) SUPPORT STAFF, INFORMATION, AND SERVICES.—The Administrator

9 shall provide support staff for the committee. On request of the committee,

10 the Administrator shall provide information, administrative services, and

11 supplies that the Administrator considers necessary for the committee to

12 carry out its duties and powers.

13 (d) NONAPPLICATION.—Section 14 of the Federal Advisory Committee

14 Act (5 App. U.S.C.) does not apply to the committee.

15 (e) USE AND LIMITATION OF AMOUNTS.—(1) Not more than .1 percent

16 of the amounts made available to conduct research under sections 40119,

17 44504, 44505, 44507, 44511–44513, and 44912 of this title may be used

18 by the Administrator to carry out this section.

19 (2) A limitation on amounts available for obligation by or for the commit20 tee does not apply to amounts made available to carry out this section.

21 § 44509. Demonstration projects

22 The Secretary of Transportation may carry out under this chapter dem23 onstration projects that the Secretary considers necessary for research and

24 development activities under this chapter.

25 § 44510. Airway science curriculum grants

26 (a) GENERAL AUTHORITY.—The Administrator of the Federal Aviation

27 Administration may make competitive grant agreements with institutions of

28 higher education having airway science curricula for the United States Gov29 ernment’s share of the allowable direct costs of the following categories of

30 items to the extent that the items are in support of airway science curricula:

31 (1) the construction, purchase, or lease with an option to purchase,

32 of buildings and associated facilities.

33 (2) instructional material and equipment.

34 (b) COST GUIDELINES.—The Administrator shall establish guidelines to

35 determine the direct costs allowable under a grant to be made under this

36 section. The Government’s share of the allowable cost of a project assisted

37 by a grant under this section may not be more than 65 percent.

38 § 44511. Aviation research grants

39 (a) GENERAL AUTHORITY.—The Administrator of the Federal Aviation

40 Administration may make grants to institutions of higher education and
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1 nonprofit research organizations to conduct aviation research in areas the

2 Administrator considers necessary for the long-term growth of civil aviation.

3 (b) APPLICATIONS.—An institution of higher education or nonprofit re4 search organization interested in receiving a grant under this section may

5 submit an application to the Administrator. The application must be in the

6 form and contain the information the Administrator requires.

7 (c) SOLICITATION, REVIEW, AND EVALUATION PROCESS.—The Adminis8 trator shall establish a solicitation, review, and evaluation process that en9 sures—

10 (1) providing grants under this section for proposals having adequate

11 merit and relevancy to the mission of the Administration;

12 (2) a fair geographical distribution of grants under this section; and

13 (3) the inclusion of historically black institutions of higher education

14 and other minority nonprofit research organizations for grant consider15 ation under this section.

16 (d) RECORDS.—Each person receiving a grant under this section shall

17 maintain records that the Administrator requires as being necessary to fa18 cilitate an effective audit and evaluation of the use of money provided under

19 the grant.

20 (e) ANNUAL REPORT.—The Administrator shall submit an annual report

21 to the Committee on Science, Space, and Technology of the House of Rep22 resentatives and the Committee on Commerce, Science, and Transportation

23 of the Senate on carrying out this section.

24 § 44512. Catastrophic failure prevention research grants

25 (a) GENERAL AUTHORITY.—The Administrator of the Federal Aviation

26 Administration may make grants to institutions of higher education and

27 nonprofit research organizations—

28 (1) to conduct aviation research related to the development of tech29 nologies and methods to assess the risk of, and prevent, defects, fail30 ures, and malfunctions of products, parts, processes, and articles man31 ufactured for use in aircraft, aircraft engines, propellers, and appli32 ances that could result in a catastrophic failure of an aircraft; and

33 (2) to establish centers of excellence for continuing the research.

34 (b) SOLICITATION, APPLICATION, REVIEW, AND EVALUATION PROCESS.—

35 The Administrator shall establish a solicitation, application, review, and

36 evaluation process that ensures providing grants under this section for pro37 posals having adequate merit and relevancy to the research described in sub38 section (a) of this section.

39 § 44513. Regional centers of air transportation excellence

40 (a) GENERAL AUTHORITY.—The Administrator of the Federal Aviation

41 Administration may make grants to institutions of higher education to es-
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1 tablish and operate regional centers of air transportation excellence. The lo2 cations shall be distributed in a geographically fair way.

3 (b) RESPONSIBILITIES.—(1) The responsibilities of each center estab4 lished under this section shall include—

5 (A) conducting research on—

6 (i) airspace and airport planning and design;

7 (ii) airport capacity enhancement techniques;

8 (iii) human performance in the air transportation environment;

9 (iv) aviation safety and security;

10 (v) the supply of trained air transportation personnel, including

11 pilots and mechanics; and

12 (vi) other aviation issues related to developing and maintaining

13 a safe and efficient air transportation system; and

14 (B) interpreting, publishing, and disseminating the results of the re15 search.

16 (2) In conducting research described in paragraph (1)(A) of this sub17 section, each center may make contracts with nonprofit research organiza18 tions and other appropriate persons.

19 (c) APPLICATIONS.—An institution of higher education interested in re20 ceiving a grant under this section may submit an application to the Admin21 istrator. The application must be in the form and contain the information

22 that the Administrator requires by regulation.

23 (d) SELECTION CRITERIA.—The Administrator shall select recipients of

24 grants under this section on the basis of the following criteria:

25 (1) the extent to which the needs of the State in which the applicant

26 is located are representative of the needs of the region for improved

27 air transportation services and facilities.

28 (2) the demonstrated research and extension resources available to

29 the applicant to carry out this section.

30 (3) the ability of the applicant to provide leadership in making na31 tional and regional contributions to the solution of both long-range and

32 immediate air transportation problems.

33 (4) the extent to which the applicant has an established air transpor34 tation program.

35 (5) the demonstrated ability of the applicant to disseminate results

36 of air transportation research and educational programs through a

37 statewide or regionwide continuing education program.

38 (6) the projects the applicant proposes to carry out under the grant.

39 (e) EXPENDITURE AGREEMENTS.—A grant may be made under this sec40 tion in a fiscal year only if the recipient makes an agreement with the Ad41 ministrator that the Administrator requires to ensure that the recipient will
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1 maintain its total expenditures from all other sources for establishing and

2 operating the center and related research activities at a level at least equal

3 to the average level of those expenditures in the 2 fiscal years of the recipi4 ent occurring immediately before November 5, 1990.

5 (f) GOVERNMENT’S SHARE OF COSTS.—The United States Government’s

6 share of a grant under this section is 50 percent of the costs of establishing

7 and operating the center and related research activities that the grant recip8 ient carries out.

9 (g) ALLOCATING AMOUNTS.—The Administrator shall allocate amounts

10 made available to carry out this section in a geographically fair way.

11 § 44514. Flight service stations

12 (a) HOURS OF OPERATION.—(1) The Secretary of Transportation may

13 close, or reduce the hours of operation of, a flight service station in an area

14 only if the service provided in the area after the closing or during the hours

15 the station is not in operation is provided by an automated flight service

16 station with at least model 1 equipment.

17 (2) The Secretary shall reopen a flight service station closed after March

18 24, 1987, but before July 15, 1987, as soon as practicable if the service

19 in the area in which the station is located has not been provided since the

20 closing by an automatic flight service station with at least model 1 equip21 ment. The hours of operation for the reopened station shall be the same

22 as were the hours of operation for the station on March 25, 1987. After

23 reopening the station, the Secretary may close, or reduce the hours of oper24 ation of, the station only as provided in paragraph (1) of this subsection.

25 (b) MANNED AUXILIARY STATIONS.—The Secretary and the Adminis26 trator of the Federal Aviation Administration shall establish a system of

27 manned auxiliary flight service stations. The manned auxiliary flight service

28 stations shall supplement the services of the planned consolidation to 61

29 automated flight service stations under the flight service station moderniza30 tion program. A manned auxiliary flight service station shall be located in

31 an area of unique weather or operational conditions that are critical to the

32 safety of flight.

33 § 44515. Advanced training facilities for maintenance tech34 nicians for air carrier aircraft

35 (a) GENERAL AUTHORITY.—The Administrator of the Federal Aviation

36 Administration may make grants to not more than 4 vocational technical

37 educational institutions to acquire or construct facilities to be used for the

38 advanced training of maintenance technicians for air carrier aircraft.

39 (b) ELIGIBILITY.—The Administrator may make a grant under this sec40 tion to a vocational technical educational institution only if the institution

41 has a training curriculum that prepares aircraft maintenance technicians
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1 who hold airframe and power plant certificates under subpart D of part 65

2 of title 14, Code of Federal Regulations, to maintain, without direct super3 vision, air carrier aircraft.

4 (c) LIMITATION.—A vocational technical educational institution may not

5 receive more than a total of $5,000,000 in grants under this section.

6 CHAPTER 447—SAFETY REGULATION

Sec.

44701. General requirements.

44702. Issuance of certificates.

44703. Airman certificates.

44704. Type certificates, production certificates, and airworthiness certificates.

44705. Air carrier operating certificates.

44706. Airport operating certificates.

44707. Examining and rating air agencies.

44708. Inspecting and rating air navigation facilities.

44709. Amendments, modifications, suspensions, and revocations of certificates.

44710. Revocations of airman certificates for controlled substance violations.

44711. Prohibitions and exemption.

44712. Emergency locator transmitters.

44713. Inspection and maintenance.

44714. Aviation fuel standards.

44715. Controlling aircraft noise and sonic boom.

44716. Collision avoidance systems.

44717. Aging aircraft.

44718. Structures interfering with air commerce.

44719. Standards for navigational aids.

44720. Meteorological services.

44721. Aeronautical maps and charts.

44722. Aircraft operations in winter conditions.

44723. Annual report.

7 § 44701. General requirements

8 (a) PROMOTING SAFETY.—The Administrator of the Federal Aviation Ad9 ministration shall promote safe flight of civil aircraft in air commerce by

10 prescribing—

11 (1) minimum standards required in the interest of safety for appli12 ances and for the design, material, construction, quality of work, and

13 performance of aircraft, aircraft engines, and propellers;

14 (2) regulations and minimum standards in the interest of safety

15 for—

16 (A) inspecting, servicing, and overhauling aircraft, aircraft en17 gines, propellers, and appliances;

18 (B) equipment and facilities for, and the timing and manner of,

19 the inspecting, servicing, and overhauling; and

20 (C) a qualified private person, instead of an officer or employee

21 of the Administration, to examine and report on the inspecting,

22 servicing, and overhauling;

23 (3) regulations required in the interest of safety for the reserve sup24 ply of aircraft, aircraft engines, propellers, appliances, and aircraft fuel

25 and oil, including the reserve supply of fuel and oil carried in flight;
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1 (4) regulations in the interest of safety for the maximum hours or

2 periods of service of airmen and other employees of air carriers; and

3 (5) regulations and minimum standards for other practices, methods,

4 and procedure the Administrator finds necessary for safety in air com5 merce and national security.

6 (b) PRESCRIBING MINIMUM SAFETY STANDARDS.—The Administrator

7 may prescribe minimum safety standards for—

8 (1) an air carrier to whom a certificate is issued under section 44705

9 of this title; and

10 (2) operating an airport serving any passenger operation of air car11 rier aircraft designed for at least 31 passenger seats.

12 (c) REDUCING AND ELIMINATING ACCIDENTS.—The Administrator shall

13 carry out this chapter in a way that best tends to reduce or eliminate the

14 possibility or recurrence of accidents in air transportation. However, the Ad15 ministrator is not required to give preference either to air transportation or

16 to other air commerce in carrying out this chapter.

17 (d) CONSIDERATIONS AND CLASSIFICATION OF REGULATIONS AND

18 STANDARDS.—When prescribing a regulation or standard under subsection

19 (a) or (b) of this section or section 44702–44716 of this title, the Adminis20 trator shall—

21 (1) consider—

22 (A) the duty of an air carrier to provide service with the highest

23 possible degree of safety in the public interest; and

24 (B) differences between air transportation and other air com25 merce; and

26 (2) classify a regulation or standard appropriate to the differences

27 between air transportation and other air commerce.

28 (e) EXEMPTIONS.—The Administrator may grant an exemption from a

29 requirement of a regulation prescribed under subsection (a) or (b) of this

30 section or section 44702–44716 of this title if the Administrator finds the

31 exemption is in the public interest.

32 § 44702. Issuance of certificates

33 (a) GENERAL AUTHORITY AND APPLICATIONS.—The Administrator of

34 the Federal Aviation Administration may issue airman certificates, type cer35 tificates, production certificates, airworthiness certificates, air carrier oper36 ating certificates, airport operating certificates, air agency certificates, and

37 air navigation facility certificates under this chapter. An application for a

38 certificate must—

39 (1) be under oath when the Administrator requires; and

40 (2) be in the form, contain information, and be filed and served in

41 the way the Administrator prescribes.
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1 (b) CONSIDERATIONS.—When issuing a certificate under this chapter, the

2 Administrator shall—

3 (1) consider—

4 (A) the duty of an air carrier to provide service with the highest

5 possible degree of safety in the public interest; and

6 (B) differences between air transportation and other air com7 merce; and

8 (2) classify a certificate according to the differences between air

9 transportation and other air commerce.

10 (c) PRIOR CERTIFICATION.—The Administrator may authorize an air11 craft, aircraft engine, propeller, or appliance for which a certificate has been

12 issued authorizing the use of the aircraft, aircraft engine, propeller, or ap13 pliance in air transportation to be used in air commerce without another

14 certificate being issued.

15 (d) DELEGATION.—(1) Subject to regulations, supervision, and review the

16 Administrator may prescribe, the Administrator may delegate to a qualified

17 private person, or to an employee under the supervision of that person, a

18 matter related to—

19 (A) the examination, testing, and inspection necessary to issue a cer20 tificate under this chapter; and

21 (B) issuing the certificate.

22 (2) The Administrator may rescind a delegation under this subsection at

23 any time for any reason the Administrator considers appropriate.

24 (3) A person affected by an action of a private person under this sub25 section may apply for reconsideration of the action by the Administrator.

26 On the Administrator’s own initiative, the Administrator may reconsider the

27 action of a private person at any time. If the Administrator decides on re28 consideration that the action is unreasonable or unwarranted, the Adminis29 trator shall change, modify, or reverse the action. If the Administrator de30 cides the action is warranted, the Administrator shall affirm the action.

31 § 44703. Airman certificates

32 (a) GENERAL.—The Administrator of the Federal Aviation Administra33 tion shall issue an airman certificate to an individual when the Adminis34 trator finds, after investigation, that the individual is qualified for, and

35 physically able to perform the duties related to, the position to be authorized

36 by the certificate.

37 (b) CONTENTS.—(1) An airman certificate shall—

38 (A) be numbered and recorded by the Administrator of the Federal

39 Aviation Administration;

40 (B) contain the name, address, and description of the individual to

41 whom the certificate is issued;
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1 (C) contain terms the Administrator decides are necessary to ensure

2 safety in air commerce, including terms on the duration of the certifi3 cate, periodic or special examinations, and tests of physical fitness;

4 (D) specify the capacity in which the holder of the certificate may

5 serve as an airman with respect to an aircraft; and

6 (E) designate the class the certificate covers.

7 (2) A certificate issued to a pilot serving in scheduled air transportation

8 shall have the designation ‘‘airline transport pilot’’ of the appropriate class.

9 (c) APPEALS.—(1) An individual whose application for the issuance or re10 newal of an airman certificate has been denied may appeal the denial to the

11 National Transportation Safety Board, except if the individual holds a cer12 tificate that—

13 (A) is suspended at the time of denial; or

14 (B) was revoked within one year from the date of the denial.

15 (2) The Board shall conduct a hearing on the appeal at a place conven16 ient to the place of residence or employment of the applicant. The Board

17 is not bound by findings of fact of the Administrator of the Federal Avia18 tion Administration but is bound by all validly adopted interpretations of

19 laws and regulations the Administrator carries out unless the Board finds

20 an interpretation is arbitrary, capricious, or otherwise not according to law.

21 At the end of the hearing, the Board shall decide whether the individual

22 meets the applicable regulations and standards. The Administrator is bound

23 by that decision.

24 (d) RESTRICTIONS AND PROHIBITIONS.—The Administrator of the Fed25 eral Aviation Administration may—

26 (1) restrict or prohibit issuing an airman certificate to an alien; or

27 (2) make issuing the certificate to an alien dependent on a reciprocal

28 agreement with the government of a foreign country.

29 (e) CONTROLLED SUBSTANCE VIOLATIONS.—The Administrator of the

30 Federal Aviation Administration may not issue an airman certificate to an

31 individual whose certificate is revoked under section 44710 of this title ex32 cept—

33 (1) when the Administrator decides that issuing the certificate will

34 facilitate law enforcement efforts; and

35 (2) as provided in section 44710(e)(2) of this title.

36 (f) MODIFICATIONS IN SYSTEM.—(1) The Administrator of the Federal

37 Aviation Administration shall make modifications in the system for issuing

38 airman certificates necessary to make the system more effective in serving

39 the needs of pilots and officials responsible for enforcing laws related to the

40 regulation of controlled substances (as defined in section 102 of the Com41 prehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C.
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1 802)). The modifications shall ensure positive and verifiable identification

2 of each individual applying for or holding a certificate and shall address at

3 least each of the following deficiencies in, and abuses of, the existing sys4 tem:

5 (A) the use of fictitious names and addresses by applicants for those

6 certificates.

7 (B) the use of stolen or fraudulent identification in applying for

8 those certificates.

9 (C) the use by an applicant of a post office box or ‘‘mail drop’’ as

10 a return address to evade identification of the applicant’s address.

11 (D) the use of counterfeit and stolen airman certificates by pilots.

12 (E) the absence of information about physical characteristics of hold13 ers of those certificates.

14 (2) The Administrator of the Federal Aviation Administration shall pre15 scribe regulations to carry out paragraph (1) of this subsection and provide

16 a written explanation of how the regulations address each of the deficiencies

17 and abuses described in paragraph (1). In prescribing the regulations, the

18 Administrator of the Federal Aviation Administration shall consult with the

19 Administrator of Drug Enforcement, the Commissioner of Customs, other

20 law enforcement officials of the United States Government, representatives

21 of State and local law enforcement officials, representatives of the general

22 aviation aircraft industry, representatives of users of general aviation air23 craft, and other interested persons.

24 § 44704. Type certificates, production certificates, and air25 worthiness certificates

26 (a) TYPE CERTIFICATES.—(1) The Administrator of the Federal Aviation

27 Administration shall issue a type certificate for an aircraft, aircraft engine,

28 or propeller, or for an appliance specified under paragraph (2)(A) of this

29 subsection when the Administrator finds that the aircraft, aircraft engine,

30 propeller, or appliance is properly designed and manufactured, performs

31 properly, and meets the regulations and minimum standards prescribed

32 under section 44701(a) of this title. On receiving an application for a type

33 certificate, the Administrator shall investigate the application and may con34 duct a hearing. The Administrator shall make, or require the applicant to

35 make, tests the Administrator considers necessary in the interest of safety.

36 (2) The Administrator may—

37 (A) specify in regulations those appliances that reasonably require a

38 type certificate in the interest of safety;

39 (B) include in a type certificate terms required in the interest of

40 safety; and
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1 (C) record on the certificate a numerical specification of the essential

2 factors related to the performance of the aircraft, aircraft engine, or

3 propeller for which the certificate is issued.

4 (b) PRODUCTION CERTIFICATES.—The Administrator shall issue a pro5 duction certificate authorizing the production of a duplicate of an aircraft,

6 aircraft engine, propeller, or appliance for which a type certificate has been

7 issued when the Administrator finds the duplicate will conform to the cer8 tificate. On receiving an application, the Administrator shall inspect, and

9 may require testing of, a duplicate to ensure that it conforms to the require10 ments of the certificate. The Administrator may include in a production cer11 tificate terms required in the interest of safety.

12 (c) AIRWORTHINESS CERTIFICATES.—(1) The registered owner of an air13 craft may apply to the Administrator for an airworthiness certificate for the

14 aircraft. The Administrator shall issue an airworthiness certificate when the

15 Administrator finds that the aircraft conforms to its type certificate and,

16 after inspection, is in condition for safe operation. The Administrator shall

17 register each airworthiness certificate and may include appropriate informa18 tion in the certificate. The certificate number or other individual designation

19 the Administrator requires shall be displayed on the aircraft. The Adminis20 trator may include in an airworthiness certificate terms required in the in21 terest of safety.

22 (2) A person applying for the issuance or renewal of an airworthiness cer23 tificate for an aircraft for which ownership has not been recorded under sec24 tion 44107 or 44110 of this title must submit with the application informa25 tion related to the ownership of the aircraft the Administrator decides is

26 necessary to identify each person having a property interest in the aircraft

27 and the kind and extent of the interest.

28 § 44705. Air carrier operating certificates

29 The Administrator of the Federal Aviation Administration shall issue an

30 air carrier operating certificate to a person desiring to operate as an air

31 carrier when the Administrator finds, after investigation, that the person

32 properly and adequately is equipped and able to operate safely under this

33 part and regulations and standards prescribed under this part. An air car34 rier operating certificate shall—

35 (1) contain terms necessary to ensure safety in air transportation;

36 and

37 (2) specify the places to and from which, and the airways of the

38 United States over which, a person may operate as an air carrier.
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1 § 44706. Airport operating certificates

2 (a) GENERAL.—The Administrator of the Federal Aviation Administra3 tion shall issue an airport operating certificate to a person desiring to oper4 ate an airport—

5 (1) that serves an air carrier operating aircraft designed for at least

6 31 passenger seats;

7 (2) that the Administrator requires to have a certificate; and

8 (3) when the Administrator finds, after investigation, that the person

9 properly and adequately is equipped and able to operate safely under

10 this part and regulations and standards prescribed under this part.

11 (b) TERMS.—An airport operating certificate issued under this section

12 shall contain terms necessary to ensure safety in air transportation. Unless

13 the Administrator decides that it is not in the public interest, the terms

14 shall include conditions related to—

15 (1) operating and maintaining adequate safety equipment, including

16 firefighting and rescue equipment capable of rapid access to any part

17 of the airport used for landing, takeoff, or surface maneuvering of an

18 aircraft; and

19 (2) friction treatment for primary and secondary runways that the

20 Secretary of Transportation decides is necessary.

21 (c) EXEMPTIONS.—The Administrator may exempt from the requirements

22 of this section, related to firefighting and rescue equipment, an operator of

23 an airport described in subsection (a) of this section having less than .25

24 percent of the total number of passenger boardings each year at all airports

25 described in subsection (a) when the Administrator decides that the require26 ments are or would be unreasonably costly, burdensome, or impractical.

27 § 44707. Examining and rating air agencies

28 The Administrator of the Federal Aviation Administration may examine

29 and rate the following air agencies:

30 (1) civilian schools giving instruction in flying or repairing, altering,

31 and maintaining aircraft, aircraft engines, propellers, and appliances,

32 on the adequacy of instruction, the suitability and airworthiness of

33 equipment, and the competency of instructors.

34 (2) repair stations and shops that repair, alter, and maintain air35 craft, aircraft engines, propellers, and appliances, on the adequacy and

36 suitability of the equipment, facilities, and materials for, and methods

37 of, repair and overhaul, and the competency of the individuals doing

38 the work or giving instruction in the work.

39 (3) other air agencies the Administrator decides are necessary in the

40 public interest.
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1 § 44708. Inspecting and rating air navigation facilities

2 The Administrator of the Federal Aviation Administration may inspect,

3 classify, and rate an air navigation facility available for the use of civil air4 craft on the suitability of the facility for that use.

5 § 44709. Amendments, modifications, suspensions, and rev6 ocations of certificates

7 (a) REINSPECTION AND REEXAMINATION.—The Administrator of the

8 Federal Aviation Administration may reinspect at any time a civil aircraft,

9 aircraft engine, propeller, appliance, air navigation facility, or air agency,

10 or reexamine an airman holding a certificate issued under section 44703 of

11 this title.

12 (b) ACTIONS OF THE ADMINISTRATOR.—The Administrator may issue an

13 order amending, modifying, suspending, or revoking—

14 (1) any part of a certificate issued under this chapter if—

15 (A) the Administrator decides after conducting a reinspection,

16 reexamination, or other investigation that safety in air commerce

17 or air transportation and the public interest require that action;

18 or

19 (B) the holder of the certificate has violated an aircraft noise

20 or sonic boom standard or regulation prescribed under section

21 44715(a) of this title; and

22 (2) an airman certificate when the holder of the certificate is con23 victed of violating section 13(a) of the Fish and Wildlife Act of 1956

24 (16 U.S.C. 742j–1(a)).

25 (c) ADVICE TO CERTIFICATE HOLDERS AND OPPORTUNITY TO AN26 SWER.—Before acting under subsection (b) of this section, the Adminis27 trator shall advise the holder of the certificate of the charges or other rea28 sons on which the Administrator relies for the proposed action. Except in

29 an emergency, the Administrator shall provide the holder an opportunity to

30 answer the charges and be heard why the certificate should not be amended,

31 modified, suspended, or revoked.

32 (d) APPEALS.—(1) A person adversely affected by an order of the Admin33 istrator under this section may appeal the order to the National Transpor34 tation Safety Board. After notice and an opportunity for a hearing, the

35 Board may amend, modify, or reverse the order when the Board finds—

36 (A) if the order was issued under subsection (b)(1)(A) of this sec37 tion, that safety in air commerce or air transportation and the public

38 interest do not require affirmation of the order; or

39 (B) if the order was issued under subsection (b)(1)(B) of this sec40 tion—
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1 (i) that control or abatement of aircraft noise or sonic boom and

2 the public health and welfare do not require affirmation of the

3 order; or

4 (ii) the order, as it is related to a violation of aircraft noise or

5 sonic boom standards and regulations, is not consistent with safety

6 in air commerce or air transportation.

7 (2) The Board may modify a suspension or revocation of a certificate to

8 imposition of a civil penalty.

9 (3) When conducting a hearing under this subsection, the Board is not

10 bound by findings of fact of the Administrator but is bound by all validly

11 adopted interpretations of laws and regulations the Administrator carries

12 out and of written agency policy guidance available to the public related to

13 sanctions to be imposed under this section unless the Board finds an inter14 pretation is arbitrary, capricious, or otherwise not according to law.

15 (e) EFFECTIVENESS OF ORDERS PENDING APPEAL.—When a person files

16 an appeal with the Board under subsection (d) of the section, the order of

17 the Administrator is stayed. However, if the Administrator advises the

18 Board that an emergency exists and safety in air commerce or air transpor19 tation requires the order to be effective immediately—

20 (1) the order is effective; and

21 (2) the Board shall make a final disposition of the appeal not later

22 than 60 days after the Administrator so advises the Board.

23 (f) JUDICIAL REVIEW.—A person substantially affected by an order of

24 the Board under this section, or the Administrator when the Administrator

25 decides that an order of the Board under this section will have a significant

26 adverse impact on carrying out this part, may obtain judicial review of the

27 order under section 46110 of this title. The Administrator shall be made

28 a party to the judicial review proceedings. Findings of fact of the Board

29 are conclusive if supported by substantial evidence.

30 § 44710. Revocations of airman certificates for controlled

31 substance violations

32 (a) DEFINITION.—In this section, ‘‘controlled substance’’ has the same

33 meaning given that term in section 102 of the Comprehensive Drug Abuse

34 Prevention and Control Act of 1970 (21 U.S.C. 802).

35 (b) REVOCATION.—(1) The Administrator of the Federal Aviation Admin36 istration shall issue an order revoking an airman certificate issued an indi37 vidual under section 44703 of this title after the individual is convicted,

38 under a law of the United States or a State related to a controlled sub39 stance (except a law related to simple possession of a controlled substance),

40 of an offense punishable by death or imprisonment for more than one year

41 if the Administrator finds that—
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1 (A) an aircraft was used to commit, or facilitate the commission of,

2 the offense; and

3 (B) the individual served as an airman, or was on the aircraft, in

4 connection with committing, or facilitating the commission of, the of5 fense.

6 (2) The Administrator shall issue an order revoking an airman certificate

7 issued an individual under section 44703 of this title if the Administrator

8 finds that—

9 (A) the individual knowingly carried out an activity punishable,

10 under a law of the United States or a State related to a controlled sub11 stance (except a law related to simple possession of a controlled sub12 stance), by death or imprisonment for more than one year;

13 (B) an aircraft was used to carry out or facilitate the activity; and

14 (C) the individual served as an airman, or was on the aircraft, in

15 connection with carrying out, or facilitating the carrying out of, the ac16 tivity.

17 (3) The Administrator has no authority under paragraph (1) of this sub18 section to review whether an airman violated a law of the United States or

19 a State related to a controlled substance.

20 (c) ADVICE TO HOLDERS AND OPPORTUNITY TO ANSWER.—Before the

21 Administrator revokes a certificate under subsection (b) of this section, the

22 Administrator must—

23 (1) advise the holder of the certificate of the charges or reasons on

24 which the Administrator relies for the proposed revocation; and

25 (2) provide the holder of the certificate an opportunity to answer the

26 charges and be heard why the certificate should not be revoked.

27 (d) APPEALS.—(1) An individual whose certificate is revoked by the Ad28 ministrator under subsection (b) of this section may appeal the revocation

29 order to the National Transportation Safety Board. The Board shall affirm

30 or reverse the order after providing notice and an opportunity for a hearing

31 on the record. When conducting the hearing, the Board is not bound by

32 findings of fact of the Administrator but shall be bound by all validly adopt33 ed interpretations of laws and regulations the Administrator carries out and

34 of written agency policy guidance available to the public related to sanctions

35 to be imposed under this section unless the Board finds an interpretation

36 is arbitrary, capricious, or otherwise not according to law.

37 (2) When an individual files an appeal with the Board under this sub38 section, the order of the Administrator revoking the certificate is stayed.

39 However, if the Administrator advises the Board that safety in air transpor40 tation or air commerce requires the immediate effectiveness of the order—

41 (A) the order remains effective; and
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1 (B) the Board shall make a final disposition of the appeal not later

2 than 60 days after the Administrator so advises the Board.

3 (3) An individual substantially affected by an order of the Board under

4 this subsection, or the Administrator when the Administrator decides that

5 an order of the Board will have a significant adverse effect on carrying out

6 this part, may obtain judicial review of the order under section 46110 of

7 this title. The Administrator shall be made a party to the judicial review

8 proceedings. Findings of fact of the Board are conclusive if supported by

9 substantial evidence.

10 (e) ACQUITTAL.—(1) The Administrator may not revoke, and the Board

11 may not affirm a revocation of, an airman certificate under subsection

12 (b)(2) of this section on the basis of an activity described in subsection

13 (b)(2)(A) if the holder of the certificate is acquitted of all charges related

14 to a controlled substance in an indictment or information arising from the

15 activity.

16 (2) If the Administrator has revoked an airman certificate under this sec17 tion because of an activity described in subsection (b)(2)(A) of this section,

18 the Administrator shall reissue a certificate to the individual if—

19 (A) the individual otherwise satisfies the requirements for a certifi20 cate under section 44703 of this title; and

21 (B)(i) the individual subsequently is acquitted of all charges related

22 to a controlled substance in an indictment or information arising from

23 the activity; or

24 (ii) the conviction on which a revocation under subsection (b)(1) of

25 this section is based is reversed.

26 (f) WAIVERS.—The Administrator may waive the requirement of sub27 section (b) of this section that an airman certificate of an individual be re28 voked if—

29 (1) a law enforcement official of the United States Government or

30 of a State requests a waiver; and

31 (2) the Administrator decides that the waiver will facilitate law en32 forcement efforts.

33 § 44711. Prohibitions and exemption

34 (a) PROHIBITIONS.—A person may not—

35 (1) operate a civil aircraft in air commerce without an airworthiness

36 certificate in effect or in violation of a term of the certificate;

37 (2) serve in any capacity as an airman with respect to a civil air38 craft, aircraft engine, propeller, or appliance used, or intended for use,

39 in air commerce—

40 (A) without an airman certificate authorizing the airman to

41 serve in the capacity for which the certificate was issued; or
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1 (B) in violation of a term of the certificate or a regulation pre2 scribed or order issued under section 44701(a) or (b) or 44702–

3 44716 of this title;

4 (3) employ for service related to civil aircraft used in air commerce

5 an airman who does not have an airman certificate authorizing the air6 man to serve in the capacity for which the airman is employed;

7 (4) operate as an air carrier without an air carrier operating certifi8 cate or in violation of a term of the certificate;

9 (5) operate aircraft in air commerce in violation of a regulation pre10 scribed or certificate issued under section 44701(a) or (b) or 44702–

11 44716 of this title;

12 (6) operate a seaplane or other aircraft of United States registry on

13 the high seas in violation of a regulation under section 3 of the Inter14 national Navigational Rules Act of 1977 (33 U.S.C. 1602);

15 (7) violate a term of an air agency or production certificate or a reg16 ulation prescribed or order issued under section 44701(a) or (b) or

17 44702–44716 of this title related to the holder of the certificate;

18 (8) operate an airport without an airport operating certificate re19 quired under section 44706 of this title or in violation of a term of the

20 certificate; or

21 (9) manufacture, deliver, sell, or offer for sale any aviation fuel or

22 additive in violation of a regulation prescribed under section 44714 of

23 this title.

24 (b) EXEMPTION.—On terms the Administrator of the Federal Aviation

25 Administration prescribes as being in the public interest, the Administrator

26 may exempt a foreign aircraft and airmen serving on the aircraft from sub27 section (a) of this section. However, an exemption from observing air traffic

28 regulations may not be granted.

29 § 44712. Emergency locator transmitters

30 (a) INSTALLATION.—An emergency locator transmitter must be installed

31 on a fixed-wing powered civil aircraft for use in air commerce.

32 (b) NONAPPLICATION.—Subsection (a) of this section does not apply to—

33 (1) turbojet-powered aircraft;

34 (2) aircraft when used in scheduled flights by scheduled air carriers

35 holding certificates issued by the Secretary of Transportation under

36 subpart II of this part;

37 (3) aircraft when used in training operations conducted entirely with38 in a 50 mile radius of the airport from which the training operations

39 begin;
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1 (4) aircraft when used in flight operations related to design and test2 ing, the manufacture, preparation, and delivery of the aircraft, or the

3 aerial application of a substance for an agricultural purpose;

4 (5) aircraft holding certificates from the Administrator of the Fed5 eral Aviation Administration for research and development;

6 (6) aircraft when used for showing compliance with regulations, crew

7 training, exhibition, air racing, or market surveys; and

8 (7) aircraft equipped to carry only one individual.

9 (c) REMOVAL.—The Administrator shall prescribe regulations specifying

10 the conditions under which an aircraft subject to subsection (a) of this sec11 tion may operate when its emergency locator transmitter has been removed

12 for inspection, repair, alteration, or replacement.

13 § 44713. Inspection and maintenance

14 (a) GENERAL EQUIPMENT REQUIREMENTS.—An air carrier shall make,

15 or cause to be made, any inspection, repair, or maintenance of equipment

16 used in air transportation as required by this part or regulations prescribed

17 or orders issued by the Administrator of the Federal Aviation Administra18 tion under this part. A person operating, inspecting, repairing, or maintain19 ing the equipment shall comply with those requirements, regulations, and

20 orders.

21 (b) DUTIES OF INSPECTORS.—The Administrator of the Federal Aviation

22 Administration shall employ inspectors who shall—

23 (1) inspect aircraft, aircraft engines, propellers, and appliances de24 signed for use in air transportation, during manufacture and when in

25 use by an air carrier in air transportation, to enable the Administrator

26 to decide whether the aircraft, aircraft engines, propellers, or appli27 ances are in safe condition and maintained properly; and

28 (2) advise and cooperate with the air carrier during that inspection

29 and maintenance.

30 (c) UNSAFE AIRCRAFT, ENGINES, PROPELLERS, AND APPLIANCES.—

31 When an inspector decides that an aircraft, aircraft engine, propeller, or ap32 pliance is not in condition for safe operation, the inspector shall notify the

33 air carrier in the form and way prescribed by the Administrator of the Fed34 eral Aviation Administration. For 5 days after the carrier is notified, the

35 aircraft, engine, propeller, or appliance may not be used in air transpor36 tation or in a way that endangers air transportation unless the Adminis37 trator or the inspector decides the aircraft, engine, propeller, or appliance

38 is in condition for safe operation.

39 (d) MODIFICATIONS IN SYSTEM.—(1) The Administrator of the Federal

40 Aviation Administration shall make modifications in the system for process41 ing forms for major repairs or alterations to fuel tanks and fuel systems
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1 of aircraft not used to provide air transportation that are necessary to make

2 the system more effective in serving the needs of users of the system, in3 cluding officials responsible for enforcing laws related to the regulation of

4 controlled substances (as defined in section 102 of the Comprehensive Drug

5 Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)). The modifica6 tions shall address at least each of the following deficiencies in, and abuses

7 of, the existing system:

8 (A) the lack of a special identification feature to allow the forms to

9 be distinguished easily from other major repair and alteration forms.

10 (B) the excessive period of time required to receive the forms at the

11 Airmen and Aircraft Registry of the Administration.

12 (C) the backlog of forms waiting for processing at the Registry.

13 (D) the lack of ready access by law enforcement officials to informa14 tion contained on the forms.

15 (2) The Administrator of the Federal Aviation Administration shall pre16 scribe regulations to carry out paragraph (1) of this subsection and provide

17 a written explanation of how the regulations address each of the deficiencies

18 and abuses described in paragraph (1). In prescribing the regulations, the

19 Administrator of the Federal Aviation Administration shall consult with the

20 Administrator of Drug Enforcement, the Commissioner of Customs, other

21 law enforcement officials of the United States Government, representatives

22 of State and local law enforcement officials, representatives of the general

23 aviation aircraft industry, representatives of users of general aviation air24 craft, and other interested persons.

25 § 44714. Aviation fuel standards

26 The Administrator of the Federal Aviation Administration shall pre27 scribe—

28 (1) standards for the composition or chemical or physical properties

29 of an aircraft fuel or fuel additive to control or eliminate aircraft emis30 sions the Administrator of the Environmental Protection Agency de31 cides under section 231 of the Clean Air Act (42 U.S.C. 7571) endan32 ger the public health or welfare; and

33 (2) regulations providing for carrying out and enforcing those stand34 ards.

35 § 44715. Controlling aircraft noise and sonic boom

36 (a) STANDARDS AND REGULATIONS.—(1) To relieve and protect the pub37 lic health and welfare from aircraft noise and sonic boom, the Administrator

38 of the Federal Aviation Administration shall prescribe—

39 (A) standards to measure aircraft noise and sonic boom; and

40 (B) regulations to control and abate aircraft noise and sonic boom.
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1 (2) The Administrator of the Federal Aviation Administration may pre2 scribe standards and regulations under this subsection only after consulting

3 with the Administrator of the Environmental Protection Agency. The stand4 ards and regulations shall be applied when issuing, amending, modifying,

5 suspending, or revoking a certificate authorized under this chapter.

6 (3) An original type certificate may be issued under section 44704(a) of

7 this title for an aircraft for which substantial noise abatement can be

8 achieved only after the Administrator of the Federal Aviation Administra9 tion prescribes standards and regulations under this section that apply to

10 that aircraft.

11 (b) CONSIDERATIONS AND CONSULTATION.—When prescribing a stand12 ard or regulation under this section, the Administrator of the Federal Avia13 tion Administration shall—

14 (1) consider relevant information related to aircraft noise and sonic

15 boom;

16 (2) consult with appropriate departments, agencies, and instrumen17 talities of the United States Government and State and interstate au18 thorities;

19 (3) consider whether the standard or regulation is consistent with

20 the highest degree of safety in air transportation or air commerce in

21 the public interest;

22 (4) consider whether the standard or regulation is economically rea23 sonable, technologically practicable, and appropriate for the applicable

24 aircraft, aircraft engine, appliance, or certificate; and

25 (5) consider the extent to which the standard or regulation will carry

26 out the purposes of this section.

27 (c) PROPOSED REGULATIONS OF ADMINISTRATOR OF ENVIRONMENTAL

28 PROTECTION AGENCY.—The Administrator of the Environmental Protection

29 Agency shall submit to the Administrator of the Federal Aviation Adminis30 tration proposed regulations to control and abate aircraft noise and sonic

31 boom (including control and abatement through the use of the authority of

32 the Administrator of the Federal Aviation Administration) that the Admin33 istrator of the Environmental Protection Agency considers necessary to pro34 tect the public health and welfare. The Administrator of the Federal Avia35 tion Administration shall consider those proposed regulations and shall pub36 lish them in a notice of proposed regulations not later than 30 days after

37 they are received. Not later than 60 days after publication, the Adminis38 trator of the Federal Aviation Administration shall begin a hearing at which

39 interested persons are given an opportunity for oral and written presen40 tations. Not later than 90 days after the hearing is completed and after con-
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1 sulting with the Administrator of the Environmental Protection Agency, the

2 Administrator of the Federal Aviation Administration shall—

3 (1) prescribe regulations as provided by this section—

4 (A) substantially the same as the proposed regulations submit5 ted by the Administrator of the Environmental Protection Agency;

6 or

7 (B) that amend the proposed regulations; or

8 (2) publish in the Federal Register—

9 (A) a notice that no regulation is being prescribed in response

10 to the proposed regulations of the Administrator of the Environ11 mental Protection Agency;

12 (B) a detailed analysis of, and response to, all information the

13 Administrator of the Environmental Protection Agency submitted

14 with the proposed regulations; and

15 (C) a detailed explanation of why no regulation is being pre16 scribed.

17 (d) CONSULTATION AND REPORTS.—(1) If the Administrator of the Envi18 ronmental Protection Agency believes that the action of the Administrator

19 of the Federal Aviation Administration under subsection (c)(1)(B) or (2) of

20 this section does not protect the public health and welfare from aircraft

21 noise or sonic boom, consistent with the considerations in subsection (b) of

22 this section, the Administrator of the Environmental Protection Agency

23 shall consult with the Administrator of the Federal Aviation Administration

24 and may request a report on the advisability of prescribing the regulation

25 as originally proposed. The request, including a detailed statement of the

26 information on which the request is based, shall be published in the Federal

27 Register.

28 (2) The Administrator of the Federal Aviation Administration shall re29 port to the Administrator of the Environmental Protection Agency within

30 the time, if any, specified in the request. However, the time specified must

31 be at least 90 days after the date of the request. The report shall—

32 (A) be accompanied by a detailed statement of the findings of the

33 Administrator of the Federal Aviation Administration and the reasons

34 for the findings;

35 (B) identify any statement related to an action under subsection (c)

36 of this section filed under section 102(2)(C) of the National Environ37 mental Policy Act of 1969 (42 U.S.C. 4332(2)(C));

38 (C) specify whether and where that statement is available for public

39 inspection; and
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1 (D) be published in the Federal Register unless the request proposes

2 specific action by the Administrator of the Federal Aviation Adminis3 tration and the report indicates that action will be taken.

4 (e) SUPPLEMENTAL REPORTS.—The Administrator of the Environmental

5 Protection Agency may request the Administrator of the Federal Aviation

6 Administration to file a supplemental report if the report under subsection

7 (d) of this section indicates that the proposed regulations under subsection

8 (c) of this section, for which a statement under section 102(2)(C) of the

9 Act (42 U.S.C. 4332(2)(C)) is not required, should not be prescribed. The

10 supplemental report shall be published in the Federal Register within the

11 time the Administrator of the Environmental Protection Agency specifies.

12 However, the time specified must be at least 90 days after the date of the

13 request. The supplemental report shall contain a comparison of the environ14 mental effects, including those that cannot be avoided, of the action of the

15 Administrator of the Federal Aviation Administration and the proposed reg16 ulations of the Administrator of the Environmental Protection Agency.

17 (f) EXEMPTIONS.—An exemption from a standard or regulation pre18 scribed under this section may be granted only if, before granting the ex19 emption, the Administrator of the Federal Aviation Administration consults

20 with the Administrator of the Environmental Protection Agency. However,

21 if the Administrator of the Federal Aviation Administration finds that safe22 ty in air transportation or air commerce requires an exemption before the

23 Administrator of the Environmental Protection Agency can be consulted,

24 the exemption may be granted. The Administrator of the Federal Aviation

25 Administration shall consult with the Administrator of the Environmental

26 Protection Agency as soon as practicable after the exemption is granted.

27 § 44716. Collision avoidance systems

28 (a) DEVELOPMENT AND CERTIFICATION.—The Administrator of the Fed29 eral Aviation Administration shall—

30 (1) complete the development of the collision avoidance system

31 known as TCAS–II so that TCAS–II can operate under visual and in32 strument flight rules and can be upgraded to the performance stand33 ards applicable to the collision avoidance system known as TCAS–III;

34 (2) develop and carry out a schedule for developing and certifying

35 TCAS–II that will result in certification not later than June 30, 1989;

36 and

37 (3) submit to Congress monthly reports on the progress being made

38 in developing and certifying TCAS–II.

39 (b) INSTALLATION AND OPERATION.—The Administrator shall require by

40 regulation that, not later than 30 months after the date certification is

41 made under subsection (a)(2) of this section, TCAS–II be installed and op-
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1 erated on each civil aircraft that has a maximum passenger capacity of at

2 least 31 seats and is used to provide air transportation of passengers, in3 cluding intrastate air transportation of passengers. The Administrator may

4 extend the deadline in this subsection for not more than 2 years if the Ad5 ministrator finds the extension is necessary to promote—

6 (1) a safe and orderly transition to the operation of a fleet of civil

7 aircraft described in this subsection equipped with TCAS–II; or

8 (2) other safety objectives.

9 (c) OPERATIONAL EVALUATION.—Not later than December 30, 1990, the

10 Administrator shall establish a one-year program to collect and assess safety

11 and operational information from civil aircraft equipped with TCAS–II for

12 the operational evaluation of TCAS–II. The Administrator shall encourage

13 foreign air carriers that operate civil aircraft equipped with TCAS–II to

14 participate in the program.

15 (d) AMENDING SCHEDULE FOR WINDSHEAR EQUIPMENT.—The Adminis16 trator shall consider the feasibility and desirability of amending the schedule

17 for installing airborne low-altitude windshear equipment to make the sched18 ule compatible with the schedule for installing TCAS–II.

19 (e) DEADLINE FOR DEVELOPMENT AND CERTIFICATION.—(1) The Ad20 ministrator shall complete developing and certifying TCAS–III as soon as

21 possible.

22 (2) Necessary amounts may be appropriated from the Airport and Airway

23 Trust Fund established under section 9502 of the Internal Revenue Code

24 of 1986 (26 U.S.C. 9502) to carry out this subsection.

25 (f) INSTALLING AND USING TRANSPONDERS.—The Administrator shall

26 prescribe regulations requiring that, not later than December 30, 1990, op27 erating transponders with automatic altitude reporting capability be in28 stalled and used for aircraft operating in designated terminal airspace where

29 radar service is provided for separation of aircraft. The Administrator may

30 provide for access to that airspace (except terminal control areas and air31 port radar service areas) by nonequipped aircraft if the Administrator finds

32 the access will not interfere with the normal traffic flow.

33 § 44717. Aging aircraft

34 (a) INSPECTIONS AND REVIEWS.—The Administrator of the Federal

35 Aviation Administration shall prescribe regulations that ensure the continu36 ing airworthiness of aging aircraft. The regulations prescribed under sub37 section (a) of this section—

38 (1) at least shall require the Administrator to make inspections, and

39 review the maintenance and other records, of each aircraft an air car40 rier uses to provide air transportation that the Administrator decides

41 may be necessary to enable the Administrator to decide whether the
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1 aircraft is in safe condition and maintained properly for operation in

2 air transportation;

3 (2) at least shall require an air carrier to demonstrate to the Admin4 istrator, as part of the inspection, that maintenance of the aircraft’s

5 age-sensitive parts and components has been adequate and timely

6 enough to ensure the highest degree of safety;

7 (3) shall require the air carrier to make available to the Adminis8 trator the aircraft and any records about the aircraft that the Adminis9 trator requires to carry out a review; and

10 (4) shall establish procedures to be followed in carrying out an in11 spection.

12 (b) WHEN AND HOW INSPECTIONS AND REVIEWS SHALL BE CARRIED

13 OUT.—(1) Inspections and reviews required under subsection (a)(1) of this

14 section shall be carried out as part of each heavy maintenance check of the

15 aircraft conducted after the 14th year in which the aircraft has been in

16 service.

17 (2) Inspections under subsection (a)(1) of this section shall be carried out

18 as provided under section 44701(a)(2)(B) and (C) of this title.

19 (c) AIRCRAFT MAINTENANCE SAFETY PROGRAMS.—The Administrator

20 shall establish—

21 (1) a program to verify that air carriers are maintaining their air22 craft according to maintenance programs approved by the Adminis23 trator;

24 (2) a program—

25 (A) to provide inspectors and engineers of the Administration

26 with training necessary to conduct auditing inspections of aircraft

27 operated by air carriers for corrosion and metal fatigue; and

28 (B) to enhance participation of those inspectors and engineers

29 in those inspections; and

30 (3) a program to ensure that air carriers demonstrate to the Admin31 istrator their commitment and technical competence to ensure the air32 worthiness of aircraft that the carriers operate.

33 (d) FOREIGN AIR TRANSPORTATION.—(1) The Administrator shall take

34 all possible steps to encourage governments of foreign countries and relevant

35 international organizations to develop standards and requirements for in36 spections and reviews that—

37 (A) will ensure the continuing airworthiness of aging aircraft used

38 by foreign air carriers to provide foreign air transportation to and from

39 the United States; and
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1 (B) will provide passengers of those foreign air carriers with the

2 same level of safety that will be provided passengers of air carriers by

3 carrying out this section.

4 (2) Not later than September 30, 1994, the Administrator shall report

5 to Congress on carrying out this subsection.

6 § 44718. Structures interfering with air commerce

7 (a) NOTICE.—By regulation or by order when necessary, the Secretary

8 of Transportation shall require a person to give adequate public notice, in

9 the form and way the Secretary prescribes, of the construction, alteration,

10 establishment, or expansion, or the proposed construction, alteration, estab11 lishment, or expansion, of a structure or sanitary landfill when the notice

12 will promote—

13 (1) safety in air commerce; and

14 (2) the efficient use and preservation of the navigable airspace and

15 of airport traffic capacity at public-use airports.

16 (b) STUDIES.—(1) Under regulations prescribed by the Secretary, if the

17 Secretary decides that constructing or altering a structure may result in an

18 obstruction of the navigable airspace or an interference with air navigation

19 facilities and equipment or the navigable airspace, the Secretary shall con20 duct an aeronautical study to decide the extent of any adverse impact on

21 the safe and efficient use of the airspace, facilities, or equipment. In con22 ducting the study, the Secretary shall consider factors relevant to the effi23 cient and effective use of the navigable airspace, including—

24 (A) the impact on arrival, departure, and en route procedures for

25 aircraft operating under visual flight rules;

26 (B) the impact on arrival, departure, and en route procedures for

27 aircraft operating under instrument flight rules;

28 (C) the impact on existing public-use airports and aeronautical facili29 ties;

30 (D) the impact on planned public-use airports and aeronautical fa31 cilities; and

32 (E) the cumulative impact resulting from the proposed construction

33 or alteration of a structure when combined with the impact of other

34 existing or proposed structures.

35 (2) On completing the study, the Secretary shall issue a report disclosing

36 completely the extent of the adverse impact on the safe and efficient use

37 of the navigable airspace that the Secretary finds will result from construct38 ing or altering the structure.

39 (c) BROADCAST APPLICATIONS AND TOWER STUDIES.—In carrying out

40 laws related to a broadcast application and conducting an aeronautical

41 study related to broadcast towers, the Administrator of the Federal Aviation
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1 Administration and the Federal Communications Commission shall take ac2 tion necessary to coordinate efficiently—

3 (1) the receipt and consideration of, and action on, the application;

4 and

5 (2) the completion of any associated aeronautical study.

6 § 44719. Standards for navigational aids

7 The Secretary of Transportation shall prescribe regulations on standards

8 for installing navigational aids, including airport control towers. For each

9 type of facility, the regulations shall consider at a minimum traffic density

10 (number of aircraft operations without consideration of aircraft size), ter11 rain and other obstacles to navigation, weather characteristics, passengers

12 served, and potential aircraft operating efficiencies.

13 § 44720. Meteorological services

14 (a) RECOMMENDATIONS.—The Administrator of the Federal Aviation Ad15 ministration shall make recommendations to the Secretary of Commerce on

16 providing meteorological services necessary for the safe and efficient move17 ment of aircraft in air commerce. In providing the services, the Secretary

18 shall cooperate with the Administrator and give complete consideration to

19 those recommendations.

20 (b) PROMOTING SAFETY AND EFFICIENCY.—To promote safety and effi21 ciency in air navigation to the highest possible degree, the Secretary shall—

22 (1) observe, measure, investigate, and study atmospheric phenomena,

23 and maintain meteorological stations and offices, that are necessary or

24 best suited for finding out in advance information about probable

25 weather conditions;

26 (2) provide reports to the Administrator to persons engaged in civil

27 aeronautics that are designated by the Administrator and to other per28 sons designated by the Secretary in a way and with a frequency that

29 best will result in safety in, and facilitating, air navigation;

30 (3) cooperate with persons engaged in air commerce in meteorologi31 cal services, maintain reciprocal arrangements with those persons in

32 carrying out this clause, and collect and distribute weather reports

33 available from aircraft in flight;

34 (4) maintain and coordinate international exchanges of meteorologi35 cal information required for the safety and efficiency of air navigation;

36 (5) in cooperation with other departments, agencies, and instrumen37 talities of the United States Government, meteorological services of for38 eign countries, and persons engaged in air commerce, participate in de39 veloping an international basic meteorological reporting network, in40 cluding the establishment, operation, and maintenance of reporting sta41 tions on the high seas, in polar regions, and in foreign countries;
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1 (6) coordinate meteorological requirements in the United States to

2 maintain standard observations, to promote efficient use of facilities,

3 and to avoid duplication of services unless the duplication tends to pro4 mote the safety and efficiency of air navigation; and

5 (7) promote and develop meteorological science and foster and sup6 port research projects in meteorology through the use of private and

7 governmental research facilities and provide for publishing the results

8 of the projects unless publication would not be in the public interest.

9 § 44721. Aeronautical maps and charts

10 (a) PUBLICATION.—(1) The Administrator of the Federal Aviation Ad11 ministration may arrange for the publication of aeronautical maps and

12 charts necessary for the safe and efficient movement of aircraft in air navi13 gation, using the facilities and assistance of departments, agencies, and in14 strumentalities of the United States Government as far as practicable.

15 (2) In carrying out paragraph (1) of this subsection, the Administrator

16 shall update and arrange for the publication of clearly defined routes for

17 navigating through a complex terminal airspace area and to and from an

18 airport located in such an area, if the Administrator decides that publication

19 of the routes would promote safety in air navigation. The routes shall be

20 developed in consultation with pilots and other users of affected airports

21 and shall be for the optional use of pilots operating under visual flight rules.

22 (b) INDEMNIFICATION.—The Government shall make an agreement to in23 demnify any person that publishes a map or chart for use in aeronautics

24 from any part of a claim arising out of the depiction by the person on the

25 map or chart of a defective or deficient flight procedure or airway if the

26 flight procedure or airway was—

27 (1) prescribed by the Administrator;

28 (2) depicted accurately on the map or chart; and

29 (3) not obviously defective or deficient.

30 § 44722. Aircraft operations in winter conditions

31 The Administrator of the Federal Aviation Administration shall prescribe

32 regulations requiring procedures to improve safety of aircraft operations

33 during winter conditions. In deciding on the procedures to be required, the

34 Administrator shall consider at least aircraft and air traffic control modi35 fications, the availability of different types of deicing fluids (considering

36 their efficacy and environmental limitations), the types of deicing equipment

37 available, and the feasibility and desirability of establishing timeframes

38 within which deicing must occur under certain types of inclement weather.

39 § 44723. Annual report

40 Not later than January 1 of each year, the Secretary of Transportation

41 shall submit to Congress a comprehensive report on the safety enforcement
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1 activities of the Federal Aviation Administration during the fiscal year end2 ing the prior September 30th. The report shall include—

3 (1) a comparison of end-of-year staffing levels by operations, mainte4 nance, and avionics inspector categories to staffing goals and a state5 ment on how staffing standards were applied to make allocations be6 tween air carrier and general aviation operations, maintenance, and

7 avionics inspectors;

8 (2) schedules showing the range of inspector experience by various

9 inspector work force categories, and the number of inspectors in each

10 of the categories who are considered fully qualified;

11 (3) schedules showing the number and percentage of inspectors who

12 have received mandatory training by individual course, and the number

13 of inspectors by work force categories, who have received all mandatory

14 training;

15 (4) a description of the criteria used to set annual work programs,

16 an explanation of how these criteria differ from criteria used in the

17 prior fiscal year and how the annual work programs ensure compliance

18 with appropriate regulations and safe operating practices;

19 (5) a comparison of actual inspections performed during the fiscal

20 year to the annual work programs by field location and, for any field

21 location completing less than 80 percent of its planned number of in22 spections, an explanation of why annual work program plans were not

23 met;

24 (6) a statement of the adequacy of Administration internal manage25 ment controls available to ensure that field managers comply with Ad26 ministration policies and procedures, including those on inspector prior27 ities, district office coordination, minimum inspection standards, and

28 inspection followup;

29 (7) the status of efforts made by the Administration to update in30 spector guidance documents and regulations to include technological,

31 management, and structural changes taking place in the aviation indus32 try, including a listing of the backlog of all proposed regulatory amend33 ments;

34 (8) a list of the specific operational measures of effectiveness used

35 to evaluate—

36 (A) the progress in meeting program objectives;

37 (B) the quality of program delivery; and

38 (C) the nature of emerging safety problems;

39 (9) a schedule showing the number of civil penalty cases closed dur40 ing the 2 prior fiscal years, including the total initial and final pen41 alties imposed, the total number of dollars collected, the range of dollar
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1 amounts collected, the average case processing time, and the range of

2 case processing time;

3 (10) a schedule showing the number of enforcement actions taken

4 (except civil penalties) during the 2 prior fiscal years, including the

5 total number of violations cited, and the number of cited violation cases

6 closed by certificate suspensions, certificate revocations, warnings, and

7 no action taken; and

8 (11) schedules showing the safety record of the aviation industry

9 during the fiscal year for air carriers and general aviation, including—

10 (A) the number of inspections performed when deficiencies were

11 identified compared with inspections when no deficiencies were

12 found;

13 (B) the frequency of safety deficiencies for each air carrier; and

14 (C) an analysis based on data of the general status of air car15 rier and general aviation compliance with aviation regulations.

16 CHAPTER 449—SECURITY

SUBCHAPTER I—REQUIREMENTS

Sec.

44901. Screening passengers and property.

44902. Refusal to transport passengers and property.

44903. Air transportation security.

44904. Domestic air transportation system security.

44905. Information about threats to civil aviation.

44906. Foreign air carrier security programs.

44907. Security standards at foreign airports.

44908. Travel advisory and suspension of foreign assistance.

44909. Passenger manifests.

44910. Agreements on aircraft sabotage, aircraft hijacking, and airport security.

44911. Intelligence.

44912. Research and development.

44913. Explosive detection.

44914. Airport construction guidelines.

44915. Exemptions.

SUBCHAPTER II—ADMINISTRATION AND PERSONNEL

44931. Director of Intelligence and Security.

44932. Assistant Administrator for Civil Aviation Security.

44933. Federal Security Managers.

44934. Foreign Security Liaison Officers.

44935. Employment standards and training.

44936. Employment investigations and restrictions.

44937. Prohibition on transferring duties and powers.

44938. Reports.

17 SUBCHAPTER I—REQUIREMENTS

18 § 44901. Screening passengers and property

19 (a) GENERAL REQUIREMENTS.—The Administrator of the Federal Avia20 tion Administration shall prescribe regulations requiring screening of all

21 passengers and property that will be carried in a cabin of an aircraft in air

22 transportation or intrastate air transportation. The screening must take

23 place before boarding and be carried out by a weapon-detecting facility or
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1 procedure used or operated by an employee or agent of an air carrier, intra2 state air carrier, or foreign air carrier.

3 (b) AMENDING REGULATIONS.—Notwithstanding subsection (a) of this

4 section, the Administrator may amend a regulation prescribed under sub5 section (a) to require screening only to ensure security against criminal vio6 lence and aircraft piracy in air transportation and intrastate air transpor7 tation.

8 (c) EXEMPTIONS AND ADVISING CONGRESS ON REGULATIONS.—The Ad9 ministrator—

10 (1) may exempt from this section air transportation operations, ex11 cept scheduled passenger operations of an air carrier providing air

12 transportation under a certificate issued under section 41102 of this

13 title or a permit issued under section 41302 of this title; and

14 (2) shall advise Congress of a regulation to be prescribed under this

15 section at least 30 days before the effective date of the regulation, un16 less the Administrator decides an emergency exists requiring the regu17 lation to become effective in fewer than 30 days and notifies Congress

18 of that decision.

19 § 44902. Refusal to transport passengers and property

20 (a) MANDATORY REFUSAL.—The Administrator of the Federal Aviation

21 Administration shall prescribe regulations requiring an air carrier, intra22 state air carrier, or foreign air carrier to refuse to transport—

23 (1) a passenger who does not consent to a search under section

24 44901(a) of this title establishing whether the passenger is carrying

25 unlawfully a dangerous weapon, explosive, or other destructive sub26 stance; or

27 (2) property of a passenger who does not consent to a search of the

28 property establishing whether the property unlawfully contains a dan29 gerous weapon, explosive, or other destructive substance.

30 (b) PERMISSIVE REFUSAL.—Subject to regulations of the Administrator,

31 an air carrier, intrastate air carrier, or foreign air carrier may refuse to

32 transport a passenger or property the carrier decides is, or might be, inimi33 cal to safety.

34 (c) AGREEING TO CONSENT TO SEARCH.—An agreement to carry pas35 sengers or property in air transportation or intrastate air transportation by

36 an air carrier, intrastate air carrier, or foreign air carrier is deemed to in37 clude an agreement that the passenger or property will not be carried if con38 sent to search the passenger or property for a purpose referred to in this

39 section is not given.
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1 § 44903. Air transportation security

2 (a) DEFINITION.—In this section, ‘‘law enforcement personnel’’ means in3 dividuals—

4 (1) authorized to carry and use firearms;

5 (2) vested with the degree of the police power of arrest the Adminis6 trator of the Federal Aviation Administration considers necessary to

7 carry out this section; and

8 (3) identifiable by appropriate indicia of authority.

9 (b) PROTECTION AGAINST VIOLENCE AND PIRACY.—The Administrator

10 shall prescribe regulations to protect passengers and property on an aircraft

11 operating in air transportation or intrastate air transportation against an

12 act of criminal violence or aircraft piracy. When prescribing a regulation

13 under this subsection, the Administrator shall—

14 (1) consult with the Secretary of Transportation, the Attorney Gen15 eral, the heads of other departments, agencies, and instrumentalities of

16 the United States Government, and State and local authorities;

17 (2) consider whether a proposed regulation is consistent with—

18 (A) protecting passengers; and

19 (B) the public interest in promoting air transportation and

20 intrastate air transportation;

21 (3) to the maximum extent practicable, require a uniform procedure

22 for searching and detaining passengers and property to ensure—

23 (A) their safety; and

24 (B) courteous and efficient treatment by an air carrier, an

25 agent or employee of an air carrier, and Government, State, and

26 local law enforcement personnel carrying out this section; and

27 (4) consider the extent to which a proposed regulation will carry out

28 this section.

29 (c) SECURITY PROGRAMS.—(1) The Administrator shall prescribe regula30 tions under subsection (b) of this section that require each operator of an

31 airport regularly serving an air carrier holding a certificate issued by the

32 Secretary of Transportation to establish an air transportation security pro33 gram that provides a law enforcement presence and capability at each of

34 those airports that is adequate to ensure the safety of passengers. The regu35 lations shall authorize the operator to use the services of qualified State,

36 local, and private law enforcement personnel. When the Administrator de37 cides, after being notified by an operator in the form the Administrator pre38 scribes, that not enough qualified State, local, and private law enforcement

39 personnel are available to carry out subsection (b), the Administrator may

40 authorize the operator to use, on a reimbursable basis, personnel employed

41 by the Administrator, or by another department, agency, or instrumentality
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1 of the Government with the consent of the head of the department, agency,

2 or instrumentality, to supplement State, local, and private law enforcement

3 personnel. When deciding whether additional personnel are needed, the Ad4 ministrator shall consider the number of passengers boarded at the airport,

5 the extent of anticipated risk of criminal violence or aircraft piracy at the

6 airport or to the air carrier aircraft operations at the airport, and the avail7 ability of qualified State or local law enforcement personnel at the airport.

8 (2)(A) The Administrator may approve a security program of an airport

9 operator, or an amendment in an existing program, that incorporates a se10 curity program of an airport tenant (except an air carrier separately com11 plying with part 108 or 129 of title 14, Code of Federal Regulations) having

12 access to a secured area of the airport, if the program or amendment incor13 porates—

14 (i) the measures the tenant will use, within the tenant’s leased areas

15 or areas designated for the tenant’s exclusive use under an agreement

16 with the airport operator, to carry out the security requirements im17 posed by the Administrator on the airport operator under the access

18 control system requirements of section 107.14 of title 14, Code of Fed19 eral Regulations, or under other requirements of part 107 of title 14;

20 and

21 (ii) the methods the airport operator will use to monitor and audit

22 the tenant’s compliance with the security requirements and provides

23 that the tenant will be required to pay monetary penalties to the air24 port operator if the tenant fails to carry out a security requirement

25 under a contractual provision or requirement imposed by the airport

26 operator.

27 (B) If the Administrator approves a program or amendment described in

28 subparagraph (A) of this paragraph, the airport operator may not be found

29 to be in violation of a requirement of this subsection or subsection (b) of

30 this section when the airport operator demonstrates that the tenant or an

31 employee, permittee, or invitee of the tenant is responsible for the violation

32 and that the airport operator has complied with all measures in its security

33 program for securing compliance with its security program by the tenant.

34 (d) AUTHORIZING INDIVIDUALS TO CARRY FIREARMS AND MAKE AR35 RESTS.—With the approval of the Attorney General and the Secretary of

36 State, the Secretary of Transportation may authorize an individual who car37 ries out air transportation security duties—

38 (1) to carry firearms; and

39 (2) to make arrests without warrant for an offense against the Unit40 ed States committed in the presence of the individual or for a felony

41 under the laws of the United States, if the individual reasonably be-
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1 lieves the individual to be arrested has committed or is committing a

2 felony.

3 (e) EXCLUSIVE RESPONSIBILITY OVER PASSENGER SAFETY.—The Ad4 ministrator has the exclusive responsibility to direct law enforcement activity

5 related to the safety of passengers on an aircraft involved in an offense

6 under section 46502 of this title from the moment all external doors of the

7 aircraft are closed following boarding until those doors are opened to allow

8 passengers to leave the aircraft. When requested by the Administrator,

9 other departments, agencies, and instrumentalities of the Government shall

10 provide assistance necessary to carry out this subsection.

11 § 44904. Domestic air transportation system security

12 (a) ASSESSING THREATS.—The Administrator of the Federal Aviation

13 Administration and the Director of the Federal Bureau of Investigation

14 jointly shall assess current and potential threats to the domestic air trans15 portation system. The assessment shall include consideration of the extent

16 to which there are individuals with the capability and intent to carry out

17 terrorist or related unlawful acts against that system and the ways in which

18 those individuals might carry out those acts. The Administrator and the Di19 rector jointly shall decide on and carry out the most effective method for

20 continuous analysis and monitoring of security threats to that system.

21 (b) ASSESSING SECURITY.—In coordination with the Director, the Ad22 ministrator shall carry out periodic threat and vulnerability assessments on

23 security at each airport that is part of the domestic air transportation sys24 tem. Each assessment shall include consideration of—

25 (1) the adequacy of security procedures related to the handling and

26 transportation of checked baggage and cargo;

27 (2) space requirements for security personnel and equipment;

28 (3) separation of screened and unscreened passengers, baggage, and

29 cargo;

30 (4) separation of the controlled and uncontrolled areas of airport fa31 cilities; and

32 (5) coordination of the activities of security personnel of the Admin33 istration, the United States Customs Service, the Immigration and

34 Naturalization Service, and air carriers, and of other law enforcement

35 personnel.

36 (c) IMPROVING SECURITY.—The Administrator shall take necessary ac37 tions to improve domestic air transportation security by correcting any defi38 ciencies in that security discovered in the assessments, analyses, and mon39 itoring carried out under this section.
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1 § 44905. Information about threats to civil aviation

2 (a) PROVIDING INFORMATION.—Under guidelines the Secretary of Trans3 portation prescribes, an air carrier, airport operator, ticket agent, or indi4 vidual employed by an air carrier, airport operator, or ticket agent, receiving

5 information (except a communication directed by the United States Govern6 ment) about a threat to civil aviation shall provide the information promptly

7 to the Secretary.

8 (b) FLIGHT CANCELLATION.—If a decision is made that a particular

9 threat cannot be addressed in a way adequate to ensure, to the extent fea10 sible, the safety of passengers and crew of a particular flight or series of

11 flights, the Administrator of the Federal Aviation Administration shall can12 cel the flight or series of flights.

13 (c) GUIDELINES ON PUBLIC NOTICE.—(1) The President shall develop

14 guidelines for ensuring that public notice is provided in appropriate cases

15 about threats to civil aviation. The guidelines shall identify officials respon16 sible for—

17 (A) deciding, on a case-by-case basis, if public notice of a threat is

18 in the best interest of the United States and the traveling public;

19 (B) ensuring that public notice is provided in a timely and effective

20 way, including the use of a toll-free telephone number; and

21 (C) canceling the departure of a flight or series of flights under sub22 section (b) of this section.

23 (2) The guidelines shall provide for consideration of—

24 (A) the specificity of the threat;

25 (B) the credibility of intelligence information related to the threat;

26 (C) the ability to counter the threat effectively;

27 (D) the protection of intelligence information sources and methods;

28 (E) cancellation, by an air carrier or the Administrator, of a flight

29 or series of flights instead of public notice;

30 (F) the ability of passengers and crew to take steps to reduce the

31 risk to their safety after receiving public notice of a threat; and

32 (G) other factors the Administrator considers appropriate.

33 (d) GUIDELINES ON NOTICE TO CREWS.—The Administrator shall de34 velop guidelines for ensuring that notice in appropriate cases of threats to

35 the security of an air carrier flight is provided to the flight crew and cabin

36 crew of that flight.

37 (e) LIMITATION ON NOTICE TO SELECTIVE TRAVELERS.—Notice of a

38 threat to civil aviation may be provided to selective potential travelers only

39 if the threat applies only to those travelers.

40 (f) RESTRICTING ACCESS TO INFORMATION.—In cooperation with the de41 partments, agencies, and instrumentalities of the Government that collect,
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1 receive, and analyze intelligence information related to aviation security, the

2 Administrator shall develop procedures to minimize the number of individ3 uals who have access to information about threats. However, a restriction

4 on access to that information may be imposed only if the restriction does

5 not diminish the ability of the Government to carry out its duties and pow6 ers related to aviation security effectively, including providing notice to the

7 public and flight and cabin crews under this section.

8 (g) DISTRIBUTION OF GUIDELINES.—The guidelines developed under this

9 section shall be distributed for use by appropriate officials of the Depart10 ment of Transportation, the Department of State, the Department of Jus11 tice, and air carriers.

12 § 44906. Foreign air carrier security programs

13 The Administrator of the Federal Aviation Administration shall continue

14 in effect the requirement of section 129.25 of title 14, Code of Federal Reg15 ulations, that a foreign air carrier must adopt and use a security program

16 approved by the Administrator. The Administrator may approve a security

17 program of a foreign air carrier under section 129.25 only if the Adminis18 trator decides the security program provides passengers of the foreign air

19 carrier a level of protection similar to the level those passengers would re20 ceive under the security programs of air carriers serving the same airport.

21 The Administrator shall require a foreign air carrier to use procedures

22 equivalent to those required of air carriers serving the same airport if the

23 Administrator decides that the procedures are necessary to provide a level

24 of protection similar to that provided passengers of the air carriers serving

25 the same airport. The Administrator shall prescribe regulations to carry out

26 this section.

27 § 44907. Security standards at foreign airports

28 (a) ASSESSMENT.—(1) At intervals the Secretary of Transportation con29 siders necessary, the Secretary shall assess the effectiveness of the security

30 measures maintained at—

31 (A) a foreign airport—

32 (i) served by an air carrier;

33 (ii) from which a foreign air carrier serves the United States;

34 or

35 (iii) that poses a high risk of introducing danger to inter36 national air travel; and

37 (B) other foreign airports the Secretary considers appropriate.

38 (2) The Secretary of Transportation shall conduct an assessment under

39 paragraph (1) of this subsection—

40 (A) in consultation with appropriate aeronautic authorities of the

41 government of a foreign country concerned and each air carrier serving
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1 the foreign airport for which the Secretary is conducting the assess2 ment;

3 (B) to establish the extent to which a foreign airport effectively

4 maintains and carries out security measures; and

5 (C) by using a standard that will result in an analysis of the security

6 measures at the airport based at least on the standards and appro7 priate recommended practices contained in Annex 17 to the Convention

8 on International Civil Aviation in effect on the date of the assessment.

9 (3) Each report to Congress required under section 44938(b) of this title

10 shall contain a summary of the assessments conducted under this sub11 section.

12 (b) CONSULTATION.—In carrying out subsection (a) of this section, the

13 Secretary of Transportation shall consult with the Secretary of State—

14 (1) on the terrorist threat that exists in each country; and

15 (2) to establish which foreign airports are not under the de facto

16 control of the government of the foreign country in which they are lo17 cated and pose a high risk of introducing danger to international air

18 travel.

19 (c) NOTIFYING FOREIGN AUTHORITIES.—When the Secretary of Trans20 portation, after conducting an assessment under subsection (a) of this sec21 tion, decides that an airport does not maintain and carry out effective secu22 rity measures, the Secretary of Transportation, after advising the Secretary

23 of State, shall notify the appropriate authorities of the government of the

24 foreign country of the decision and recommend the steps necessary to bring

25 the security measures in use at the airport up to the standard used by the

26 Secretary of Transportation in making the assessment.

27 (d) ACTIONS WHEN AIRPORTS NOT MAINTAINING AND CARRYING OUT

28 EFFECTIVE SECURITY MEASURES.—(1) When the Secretary of Transpor29 tation decides under this section that an airport does not maintain and

30 carry out effective security measures—

31 (A) the Secretary of Transportation shall—

32 (i) publish the identity of the airport in the Federal Register;

33 (ii) have the identity of the airport posted and displayed promi34 nently at all United States airports at which scheduled air carrier

35 operations are provided regularly; and

36 (iii) notify the news media of the identity of the airport;

37 (B) each air carrier and foreign air carrier providing transportation

38 between the United States and the airport shall provide written notice

39 of the decision, on or with the ticket, to each passenger buying a ticket

40 for transportation between the United States and the airport;
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1 (C) notwithstanding section 40105(b) of this title, the Secretary of

2 Transportation, after consulting with the appropriate aeronautic au3 thorities of the foreign country concerned and each air carrier serving

4 the airport and with the approval of the Secretary of State, may with5 hold, revoke, or prescribe conditions on the operating authority of an

6 air carrier or foreign air carrier that uses that airport to provide for7 eign air transportation; and

8 (D) the President may prohibit an air carrier or foreign air carrier

9 from providing transportation between the United States and any other

10 foreign airport that is served by aircraft flying to or from the airport

11 with respect to which a decision is made under this section.

12 (2)(A) Paragraph (1) of this subsection becomes effective—

13 (i) 90 days after the government of a foreign country is notified

14 under subsection (c) of this section if the Secretary of Transportation

15 finds that the government has not brought the security measures at the

16 airport up to the standard the Secretary used in making an assessment

17 under subsection (a) of this section; or

18 (ii) immediately on the decision of the Secretary of Transportation

19 under subsection (c) of this section if the Secretary of Transportation

20 decides, after consulting with the Secretary of State, that a condition

21 exists that threatens the safety or security of passengers, aircraft, or

22 crew traveling to or from the airport.

23 (B) The Secretary of Transportation immediately shall notify the Sec24 retary of State of a decision under subparagraph (A)(ii) of this paragraph

25 so that the Secretary of State may issue a travel advisory required under

26 section 44908(a) of this title.

27 (3) The Secretary of Transportation promptly shall submit to Congress

28 a report (and classified annex if necessary) on action taken under paragraph

29 (1) or (2) of this subsection, including information on attempts made to ob30 tain the cooperation of the government of a foreign country in meeting the

31 standard the Secretary used in assessing the airport under subsection (a)

32 of this section.

33 (4) An action required under paragraph (1)(A) and (B) of this subsection

34 is no longer required only if the Secretary of Transportation, in consultation

35 with the Secretary of State, decides that effective security measures are

36 maintained and carried out at the airport. The Secretary of Transportation

37 shall notify Congress when the action is no longer required to be taken.

38 (e) SUSPENSIONS.—Notwithstanding sections 40105(b) and 40106(b) of

39 this title, the Secretary of Transportation, with the approval of the Sec40 retary of State and without notice or a hearing, shall suspend the right of

41 an air carrier or foreign air carrier to provide foreign air transportation,
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1 and the right of a person to operate aircraft in foreign air commerce, to

2 or from a foreign airport when the Secretary of Transportation decides

3 that—

4 (1) a condition exists that threatens the safety or security of pas5 sengers, aircraft, or crew traveling to or from that airport; and

6 (2) the public interest requires an immediate suspension of transpor7 tation between the United States and that airport.

8 (f) CONDITION OF CARRIER AUTHORITY.—This section is a condition to

9 authority the Secretary of Transportation grants under this part to an air

10 carrier or foreign air carrier.

11 § 44908. Travel advisory and suspension of foreign assist12 ance

13 (a) TRAVEL ADVISORIES.—On being notified by the Secretary of Trans14 portation that the Secretary of Transportation has decided under section

15 44907(d)(2)(A)(ii) of this title that a condition exists that threatens the

16 safety or security of passengers, aircraft, or crew traveling to or from a for17 eign airport that the Secretary of Transportation has decided under section

18 44907 of this title does not maintain and carry out effective security meas19 ures, the Secretary of State—

20 (1) immediately shall issue a travel advisory for that airport;

21 (2) shall publish the advisory in the Federal Register; and

22 (3) shall publicize the advisory widely.

23 (b) SUSPENDING ASSISTANCE.—The President shall suspend assistance

24 provided under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)

25 or the Arms Export Control Act (22 U.S.C. 2751 et seq.) to a country in

26 which is located an airport with respect to which section 44907(d)(1) of this

27 title becomes effective if the Secretary of State decides the country is a high

28 terrorist threat country. The President may waive this subsection if the

29 President decides, and reports to Congress, that the waiver is required be30 cause of national security interests or a humanitarian emergency.

31 (c) ACTIONS NO LONGER REQUIRED.—An action required under this sec32 tion is no longer required only if the Secretary of Transportation has made

33 a decision as provided under section 44907(d)(4) of this title. The Secretary

34 shall notify Congress when the action is no longer required to be taken.

35 § 44909. Passenger manifests

36 (a) AIR CARRIER REQUIREMENTS.—(1) Not later than March 16, 1991,

37 the Secretary of Transportation shall require each air carrier to provide a

38 passenger manifest for a flight to an appropriate representative of the Sec39 retary of State—

40 (A) not later than one hour after that carrier is notified of an avia41 tion disaster outside the United States involving that flight; or
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1 (B) if it is not technologically feasible or reasonable to comply with

2 clause (A) of this paragraph, then as expeditiously as possible, but not

3 later than 3 hours after the carrier is so notified.

4 (2) The passenger manifest shall include the following information:

5 (A) the full name of each passenger.

6 (B) the passport number of each passenger, if required for travel.

7 (C) the name and telephone number of a contact for each passenger.

8 (3) In carrying out this subsection, the Secretary of Transportation shall

9 consider the necessity and feasibility of requiring air carriers to collect pas10 senger manifest information as a condition for passengers boarding a flight

11 of the carrier.

12 (b) FOREIGN AIR CARRIER REQUIREMENTS.—The Secretary of Transpor13 tation shall consider imposing a requirement on foreign air carriers com14 parable to that imposed on air carriers under subsection (a)(1) and (2) of

15 this section.

16 § 44910. Agreements on aircraft sabotage, aircraft hijacking,

17 and airport security

18 The Secretary of State shall seek multilateral and bilateral agreement on

19 strengthening enforcement measures and standards for compliance related

20 to aircraft sabotage, aircraft hijacking, and airport security.

21 § 44911. Intelligence

22 (a) DEFINITION.—In this section, ‘‘intelligence community’’ means the in23 telligence and intelligence-related activities of the following units of the

24 United States Government:

25 (1) the Department of State.

26 (2) the Department of Defense.

27 (3) the Department of the Treasury.

28 (4) the Department of Energy.

29 (5) the Departments of the Army, Navy, and Air Force.

30 (6) the Central Intelligence Agency.

31 (7) the National Security Agency.

32 (8) the Defense Intelligence Agency.

33 (9) the Federal Bureau of Investigation.

34 (10) the Drug Enforcement Administration.

35 (b) POLICIES AND PROCEDURES ON REPORT AVAILABILITY.—The head

36 of each unit in the intelligence community shall prescribe policies and proce37 dures to ensure that intelligence reports about international terrorism are

38 made available, as appropriate, to the heads of other units in the intel39 ligence community, the Secretary of Transportation, and the Administrator

40 of the Federal Aviation Administration.
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1 (c) UNIT FOR STRATEGIC PLANNING ON TERRORISM.—The heads of the

2 units in the intelligence community shall consider placing greater emphasis

3 on strategic intelligence efforts by establishing a unit for strategic planning

4 on terrorism.

5 (d) DESIGNATION OF INTELLIGENCE OFFICER.—At the request of the

6 Secretary, the Director of Central Intelligence shall designate at least one

7 intelligence officer of the Central Intelligence Agency to serve in a senior

8 position in the Office of the Secretary.

9 (e) WRITTEN WORKING AGREEMENTS.—The heads of units in the intel10 ligence community, the Secretary, and the Administrator shall review and,

11 as appropriate, revise written working agreements between the intelligence

12 community and the Administrator.

13 § 44912. Research and development

14 (a) PROGRAM REQUIREMENT.—(1) The Administrator of the Federal

15 Aviation Administration shall establish and carry out a program to acceler16 ate and expand the research, development, and implementation of tech17 nologies and procedures to counteract terrorist acts against civil aviation.

18 The program shall provide for developing and having in place, not later than

19 November 16, 1993, new equipment and procedures necessary to meet the

20 technological challenges presented by terrorism. The program shall include

21 research on, and development of, technological improvements and ways to

22 enhance human performance.

23 (2) In designing and carrying out the program established under this sub24 section, the Administrator shall—

25 (A) consult and coordinate activities with other departments, agen26 cies, and instrumentalities of the United States Government doing

27 similar research;

28 (B) identify departments, agencies, and instrumentalities that would

29 benefit from that research; and

30 (C) seek cost-sharing agreements with those departments, agencies,

31 and instrumentalities.

32 (3) In carrying out the program established under this subsection, the

33 Administrator shall review and consider the annual reports the Secretary of

34 Transportation submits to Congress on transportation security and intel35 ligence.

36 (4) The Administrator may—

37 (A) make grants to institutions of higher learning and other appro38 priate research facilities with demonstrated ability to carry out research

39 described in paragraph (1) of this subsection, and fix the amounts and

40 terms of the grants; and
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1 (B) make cooperative agreements with governmental authorities the

2 Administrator decides are appropriate.

3 (b) REVIEW OF THREATS.—(1) The Administrator shall complete an in4 tensive review of threats to civil aviation, with particular focus on—

5 (A) explosive material that presents the most significant threat to

6 civil aircraft;

7 (B) the minimum amounts, configurations, and types of explosive

8 material that can cause, or would reasonably be expected to cause, cat9 astrophic damage to commercial aircraft in service and expected to be

10 in service in the 10-year period beginning on November, 16, 1990;

11 (C) the amounts, configurations, and types of explosive material that

12 can be detected reliably by existing, or reasonably anticipated, near13 term explosive detection technologies;

14 (D) the feasibility of using various ways to minimize damage caused

15 by explosive material that cannot be detected reliably by existing, or

16 reasonably anticipated, near-term explosive detection technologies;

17 (E) the ability to screen passengers, carry-on baggage, checked bag18 gage, and cargo; and

19 (F) the technologies that might be used in the future to attempt to

20 destroy or otherwise threaten commercial aircraft and the way in which

21 those technologies can be countered effectively.

22 (2) The Administrator shall use the results of the review under this sub23 section to develop the focus and priorities of the program established under

24 subsection (a) of this section.

25 (c) SCIENTIFIC ADVISORY PANEL.—The Administrator shall establish a

26 scientific advisory panel, as a subcommittee of the Research, Engineering

27 and Development Advisory Committee, to review, comment on, advise on the

28 progress of, and recommend modifications in, the program established under

29 subsection (a) of this section, including the need for long-range research

30 programs to detect and prevent catastrophic damage to commercial aircraft

31 by the next generation of terrorist weapons. The panel shall consist of indi32 viduals with scientific and technical expertise in—

33 (1) the development and testing of effective explosive detection sys34 tems;

35 (2) aircraft structure and experimentation to decide on the type and

36 minimum weights of explosives that an effective technology must be ca37 pable of detecting;

38 (3) technologies involved in minimizing airframe damage to aircraft

39 from explosives; and

40 (4) other scientific and technical areas the Administrator considers

41 appropriate.
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1 § 44913. Explosive detection

2 (a) DEPLOYMENT AND PURCHASE OF EQUIPMENT.—(1) A deployment or

3 purchase of explosive detection equipment under section 108.7(b)(8) or

4 108.20 of title 14, Code of Federal Regulations, or similar regulation is re5 quired only if the Administrator of the Federal Aviation Administration cer6 tifies that the equipment alone, or as part of an integrated system, can de7 tect under realistic air carrier operating conditions the amounts, configura8 tions, and types of explosive material that would likely be used to cause cat9 astrophic damage to commercial aircraft. The Administrator shall base the

10 certification on the results of tests conducted under protocols developed in

11 consultation with expert scientists outside of the Administration. Those tests

12 shall be completed not later than April 16, 1992.

13 (2) Before completion of the tests described in paragraph (1) of this sub14 section, but not later than April 16, 1992, the Administrator may require

15 deployment of explosive detection equipment described in paragraph (1) if

16 the Administrator decides that deployment will enhance aviation security

17 significantly. In making that decision, the Administrator shall consider fac18 tors such as the ability of the equipment alone, or as part of an integrated

19 system, to detect under realistic air carrier operating conditions the

20 amounts, configurations, and types of explosive material that would likely

21 be used to cause catastrophic damage to commercial aircraft. The Adminis22 trator shall notify the Committee on Commerce, Science, and Transpor23 tation of the Senate and the Committee on Public Works and Transpor24 tation of the House of Representatives of a deployment decision made under

25 this paragraph.

26 (3) This subsection does not prohibit the Administrator from purchasing

27 or deploying explosive detection equipment described in paragraph (1) of

28 this subsection.

29 (b) GRANTS.—The Secretary of Transportation may provide grants to

30 continue the Explosive Detection K-9 Team Training Program to detect ex31 plosives at airports and on aircraft.

32 § 44914. Airport construction guidelines

33 In consultation with air carriers, airport authorities, and others the Ad34 ministrator of the Federal Aviation Administration considers appropriate,

35 the Administrator shall develop guidelines for airport design and construc36 tion to allow for maximum security enhancement. In developing the guide37 lines, the Administrator shall consider the results of the assessment carried

38 out under section 44904(a) of this title.
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1 § 44915. Exemptions

2 The Administrator of the Federal Aviation Administration may exempt

3 from sections 44901, 44903(a)–(c) and (e), 44906, 44935, and 44936 of

4 this title airports in Alaska served only by air carriers that—

5 (1) hold certificates issued under section 41102 of this title;

6 (2) operate aircraft with certificates for a maximum gross takeoff

7 weight of less than 12,500 pounds; and

8 (3) board passengers, or load property intended to be carried in an

9 aircraft cabin, that will be screened under section 44901 of this title

10 at another airport in Alaska before the passengers board, or the prop11 erty is loaded on, an aircraft for a place outside Alaska.

12 SUBCHAPTER II—ADMINISTRATION AND PERSONNEL

13 § 44931. Director of Intelligence and Security

14 (a) ORGANIZATION.—There is in the Office of the Secretary of Transpor15 tation a Director of Intelligence and Security. The Director reports directly

16 to the Secretary.

17 (b) DUTIES AND POWERS.—The Director shall—

18 (1) receive, assess, and distribute intelligence information related to

19 long-term transportation security;

20 (2) develop policies, strategies, and plans for dealing with threats to

21 transportation security;

22 (3) make other plans related to transportation security, including co23 ordinating countermeasures with appropriate departments, agencies,

24 and instrumentalities of the United States Government;

25 (4) serve as the primary liaison of the Secretary to the intelligence

26 and law enforcement communities; and

27 (5) carry out other duties and powers the Secretary decides are nec28 essary to ensure, to the extent possible, the security of the traveling

29 public.

30 § 44932. Assistant Administrator for Civil Aviation Security

31 (a) ORGANIZATION.—There is an Assistant Administrator for Civil Avia32 tion Security. The Assistant Administrator reports directly to the Adminis33 trator of the Federal Aviation Administration and is subject to the authority

34 of the Administrator.

35 (b) DUTIES AND POWERS.—The Assistant Administrator shall—

36 (1) on a day-to-day basis, manage and provide operational guidance

37 to the field security resources of the Administration, including Federal

38 Security Managers as provided by section 44933 of this title;

39 (2) enforce security-related requirements;

40 (3) identify the research and development requirements of security41 related activities;
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1 (4) inspect security systems;

2 (5) report information to the Director of Intelligence and Security

3 that may be necessary to allow the Director to carry out assigned du4 ties and powers;

5 (6) assess threats to civil aviation; and

6 (7) carry out other duties and powers the Administrator considers

7 appropriate.

8 (c) REVIEW AND DEVELOPMENT OF WAYS TO STRENGTHEN SECU9 RITY.—The Assistant Administrator shall review and, as necessary, develop

10 ways to strengthen air transportation security, including ways—

11 (1) to strengthen controls over checked baggage in air transpor12 tation, including ways to ensure baggage reconciliation and inspection

13 of items in passenger baggage that could potentially contain explosive

14 devices;

15 (2) to strengthen control over individuals having access to aircraft;

16 (3) to improve testing of security systems;

17 (4) to ensure the use of the best available x-ray equipment for air

18 transportation security purposes; and

19 (5) to strengthen preflight screening of passengers.

20 § 44933. Federal Security Managers

21 (a) ESTABLISHMENT, DESIGNATION, AND STATIONING.—The Adminis22 trator of the Federal Aviation Administration shall establish the position of

23 Federal Security Manager at each airport in the United States at which the

24 Administrator decides a Manager is necessary for air transportation secu25 rity. The Administrator shall designate individuals as Managers for, and

26 station those Managers at, those airports. The Administrator may designate

27 a current field employee of the Administration as a Manager. A Manager

28 reports directly to the Assistant Administrator for Civil Aviation Security.

29 The Administrator shall station an individual as Manager at each airport

30 in the United States that the Secretary of Transportation designates as a

31 category X airport.

32 (b) DUTIES AND POWERS.—The Manager at each airport shall—

33 (1) receive intelligence information related to aviation security;

34 (2) ensure, and assist in, the development of a comprehensive secu35 rity plan for the airport that—

36 (A) establishes the responsibilities of each air carrier and air37 port operator for air transportation security at the airport; and

38 (B) includes measures to be taken during periods of normal air39 port operations and during periods when the Manager decides that

40 there is a need for additional airport security, and identifies the

41 individuals responsible for carrying out those measures;
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1 (3) oversee and enforce the carrying out by air carriers and airport

2 operators of United States Government security requirements, includ3 ing the security plan under clause (2) of this subsection;

4 (4) serve as the on-site coordinator of the Administrator’s response

5 to terrorist incidents and threats at the airport;

6 (5) coordinate the day-to-day Government aviation security activities

7 at the airport;

8 (6) coordinate efforts related to aviation security with local law en9 forcement; and

10 (7) coordinate activities with other Managers.

11 (c) LIMITATION.—A Civil Aviation Security Field Officer may not be as12 signed security duties and powers at an airport having a Manager.

13 § 44934. Foreign Security Liaison Officers

14 (a) ESTABLISHMENT, DESIGNATION, AND STATIONING.—The Adminis15 trator of the Federal Aviation Administration shall establish the position of

16 Foreign Security Liaison Officer for each airport outside the United States

17 at which the Administrator decides an Officer is necessary for air transpor18 tation security. In coordination with the Secretary of State, the Adminis19 trator shall designate an Officer for each of those airports. In coordination

20 with the Secretary, the Administrator shall designate an Officer for each of

21 those airports where extraordinary security measures are in place. The Sec22 retary shall give high priority to stationing those Officers.

23 (b) DUTIES AND POWERS.—An Officer reports directly to the Assistant

24 Administrator for Civil Aviation Security. The Officer at each airport

25 shall—

26 (1) serve as the liaison of the Assistant Administrator to foreign se27 curity authorities (including governments of foreign countries and for28 eign airport authorities) in carrying out United States Government se29 curity requirements at that airport; and

30 (2) to the extent practicable, carry out duties and powers referred

31 to in section 44933(b) of this title.

32 (c) COORDINATION OF ACTIVITIES.—The activities of each Officer shall

33 be coordinated with the chief of the diplomatic mission of the United States

34 to which the Officer is assigned. Activities of an Officer under this section

35 shall be consistent with the duties and powers of the Secretary and the chief

36 of mission to a foreign country under section 103 of the Omnibus Diplo37 matic Security and Antiterrorism Act of 1986 (22 U.S.C. 4802) and section

38 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927).

39 § 44935. Employment standards and training

40 (a) EMPLOYMENT STANDARDS.—The Administrator of the Federal Avia41 tion Administration shall prescribe standards for the employment and con-
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1 tinued employment of, and contracting for, air carrier personnel and, as ap2 propriate, airport security personnel. The standards shall include—

3 (1) minimum training requirements for new employees;

4 (2) retraining requirements;

5 (3) minimum staffing levels;

6 (4) minimum language skills; and

7 (5) minimum education levels for employees, when appropriate.

8 (b) REVIEW AND RECOMMENDATIONS.—In coordination with air carriers,

9 airport operators, and other interested persons, the Administrator shall re10 view issues related to human performance in the aviation security system

11 to maximize that performance. When the review is completed, the Adminis12 trator shall recommend guidelines and prescribe appropriate changes in ex13 isting procedures to improve that performance.

14 (c) SECURITY PROGRAM TRAINING, STANDARDS, AND QUALIFICA15 TIONS.—(1) The Administrator—

16 (A) may train individuals employed to carry out a security program

17 under section 44903(c) of this title; and

18 (B) shall prescribe uniform training standards and uniform mini19 mum qualifications for individuals eligible for that training.

20 (2) The Administrator may authorize reimbursement for travel, transpor21 tation, and subsistence expenses for security training of non-United States

22 Government domestic and foreign individuals whose services will contribute

23 significantly to carrying out civil aviation security programs. To the extent

24 practicable, air travel reimbursed under this paragraph shall be on air car25 riers.

26 (d) EDUCATION AND TRAINING STANDARDS FOR SECURITY COORDINA27 TORS, SUPERVISORY PERSONNEL, AND PILOTS.—(1) The Administrator

28 shall prescribe standards for educating and training—

29 (A) ground security coordinators;

30 (B) security supervisory personnel; and

31 (C) airline pilots as in-flight security coordinators.

32 (2) The standards shall include initial training, retraining, and continuing

33 education requirements and methods. Those requirements and methods shall

34 be used annually to measure the performance of ground security coordina35 tors and security supervisory personnel.

36 § 44936. Employment investigations and restrictions

37 (a) EMPLOYMENT INVESTIGATION REQUIREMENT.—(1) The Adminis38 trator of the Federal Aviation Administration shall require by regulation

39 that an employment investigation, including a criminal history record check,

40 shall be conducted, as the Administrator decides is necessary to ensure air

41 transportation security, of each individual employed in, or applying for, a
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1 position in which the individual has unescorted access, or may permit other

2 individuals to have unescorted access, to—

3 (A) aircraft of an air carrier or foreign air carrier; or

4 (B) a secured area of an airport in the United States the Adminis5 trator designates that serves an air carrier or foreign air carrier.

6 (2) An air carrier, foreign air carrier, or airport operator that employs,

7 or authorizes or makes a contract for the services of, an individual in a posi8 tion described in paragraph (1) of this subsection shall ensure that the in9 vestigation the Administrator requires is conducted.

10 (b) PROHIBITED EMPLOYMENT.—(1) Except as provided in paragraph

11 (3) of this subsection, an air carrier, foreign air carrier, or airport operator

12 may not employ, or authorize or make a contract for the services of, an indi13 vidual in a position described in subsection (a)(1) of this section if—

14 (A) the investigation of the individual required under this section has

15 not been conducted; or

16 (B) the results of that investigation establish that, in the 10-year pe17 riod ending on the date of the investigation, the individual was con18 victed of—

19 (i) a crime referred to in section 46306, 46308, 46312, 46314,

20 or 46315 or chapter 465 of this title or section 32 of title 18;

21 (ii) murder;

22 (iii) assault with intent to murder;

23 (iv) espionage;

24 (v) sedition;

25 (vi) treason;

26 (vii) rape;

27 (viii) kidnapping;

28 (ix) unlawful possession, sale, distribution, or manufacture of an

29 explosive or weapon;

30 (x) extortion;

31 (xi) armed robbery;

32 (xii) distribution of, or intent to distribute, a controlled sub33 stance; or

34 (xiii) conspiracy to commit any of the acts referred to in clauses

35 (i)–(xii) of this paragraph.

36 (2) The Administrator may specify other factors that are sufficient to

37 prohibit the employment of an individual in a position described in sub38 section (a)(1) of this section.

39 (3) An air carrier, foreign air carrier, or airport operator may employ,

40 or authorize or contract for the services of, an individual in a position de41 scribed in subsection (a)(1) of this section without carrying out the inves-
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1 tigation required under this section, if the Administrator approves a plan

2 to employ the individual that provides alternate security arrangements.

3 (c) FINGERPRINTING AND RECORD CHECK INFORMATION.—(1) If the

4 Administrator requires an identification and criminal history record check,

5 to be conducted by the Attorney General, as part of an investigation under

6 this section, the Administrator shall designate an individual to obtain finger7 prints and submit those fingerprints to the Attorney General. The Attorney

8 General may make the results of a check available to an individual the Ad9 ministrator designates. Before designating an individual to obtain and sub10 mit fingerprints or receive results of a check, the Administrator shall con11 sult with the Attorney General.

12 (2) The Administrator shall prescribe regulations on—

13 (A) procedures for taking fingerprints; and

14 (B) requirements for using information received from the Attorney

15 General under paragraph (1) of this subsection—

16 (i) to limit the dissemination of the information; and

17 (ii) to ensure that the information is used only to carry out this

18 section.

19 (3) If an identification and criminal history record check is conducted as

20 part of an investigation of an individual under this section, the individual—

21 (A) shall receive a copy of any record received from the Attorney

22 General; and

23 (B) may complete and correct the information contained in the check

24 before a final employment decision is made based on the check.

25 (d) FEES AND CHARGES.—The Administrator and the Attorney General

26 shall establish reasonable fees and charges to pay expenses incurred in car27 rying out this section. The employer of the individual being investigated

28 shall pay the costs of a record check of the individual. Money collected

29 under this section shall be credited to the account in the Treasury from

30 which the expenses were incurred and are available to the Administrator

31 and the Attorney General for those expenses.

32 (e) WHEN INVESTIGATION OR RECORD CHECK NOT REQUIRED.—This

33 section does not require an investigation or record check when the investiga34 tion or record check is prohibited by a law of a foreign country.

35 § 44937. Prohibition on transferring duties and powers

36 Except as specifically provided by law, the Administrator of the Federal

37 Aviation Administration may not transfer a duty or power under section

38 44903(a), (b), (c), or (e), 44906(a)(1) or (b), 44912, 44935, 44936, or

39 44938(b)(3) of this title to another department, agency, or instrumentality

40 of the United States Government.
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1 § 44938. Reports

2 (a) TRANSPORTATION SECURITY.—Not later than December 31 of each

3 year, the Secretary of Transportation shall submit to Congress a report on

4 transportation security with recommendations the Secretary considers ap5 propriate. The report shall be prepared in conjunction with the annual re6 port the Administrator of the Federal Aviation Administration submits

7 under subsection (b) of this section, but may not duplicate the information

8 submitted under subsection (b) or section 44907(a)(3) of this title. The Sec9 retary may submit the report in classified and unclassified parts. The report

10 shall include—

11 (1) an assessment of trends and developments in terrorist activities,

12 methods, and other threats to transportation;

13 (2) an evaluation of deployment of explosive detection devices;

14 (3) recommendations for research, engineering, and development ac15 tivities related to transportation security, except research engineering

16 and development activities related to aviation security to the extent

17 those activities are covered by the national aviation research plan re18 quired under section 44501(c) of this title;

19 (4) identification and evaluation of cooperative efforts with other de20 partments, agencies, and instrumentalities of the United States Gov21 ernment;

22 (5) an evaluation of cooperation with foreign transportation and se23 curity authorities;

24 (6) the status of the extent to which the recommendations of the

25 President’s Commission on Aviation Security and Terrorism have been

26 carried out and the reasons for any delay in carrying out those rec27 ommendations;

28 (7) a summary of the activities of the Director of Intelligence and

29 Security in the 12-month period ending on the date of the report;

30 (8) financial and staffing requirements of the Director;

31 (9) an assessment of financial and staffing requirements, and attain32 ment of existing staffing goals, for carrying out duties and powers of

33 the Administrator related to security; and

34 (10) appropriate legislative and regulatory recommendations.

35 (b) SCREENING AND FOREIGN AIR CARRIER AND AIRPORT SECURITY.—

36 The Administrator shall submit annually to Congress a report—

37 (1) on the effectiveness of procedures under section 44901 of this

38 title;

39 (2) that includes a summary of the assessments conducted under

40 section 44907(a)(1) and (2) of this title; and
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1 (3) that includes an assessment of the steps being taken, and the

2 progress being made, in ensuring compliance with section 44906 of this

3 title for each foreign air carrier security program at airports outside

4 the United States—

5 (A) at which the Administrator decides that Foreign Security

6 Liaison Officers are necessary for air transportation security; and

7 (B) for which extraordinary security measures are in place.

8 (c) DOMESTIC AIR TRANSPORTATION SYSTEM SECURITY.—The Adminis9 trator shall submit to Congress an annual report for each of the calendar

10 years 1991 and 1992 on the progress being made, and the problems occur11 ring, in carrying out section 44904 of this title. The report shall include

12 recommendations for improving domestic air transportation security.

13 CHAPTER 451—ALCOHOL AND CONTROLLED

14 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.

15 § 45101. Definition

16 In this chapter, ‘‘controlled substance’’ means any substance under sec17 tion 102 of the Comprehensive Drug Abuse Prevention and Control Act of

18 1970 (21 U.S.C. 802) specified by the Administrator of the Federal Avia19 tion Administration.

20 § 45102. Alcohol and controlled substances testing programs

21 (a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN AIR

22 CARRIERS.—(1) In the interest of aviation safety, the Administrator of the

23 Federal Aviation Administration shall prescribe regulations not later than

24 October 28, 1992, that establish a program requiring air carriers and for25 eign air carriers to conduct preemployment, reasonable suspicion, random,

26 and post-accident testing of airmen, crewmembers, airport security screen27 ing contract personnel, and other air carrier employees responsible for

28 safety-sensitive functions (as decided by the Administrator) for the use of

29 alcohol or a controlled substance in violation of law or a United States Gov30 ernment regulation.

31 (2) When the Administrator considers it appropriate in the interest of

32 safety, the Administrator may prescribe regulations for conducting periodic

33 recurring testing of airmen, crewmembers, airport security screening con34 tract personnel, and other air carrier employees responsible for safety-sen35 sitive functions for the use of alcohol or a controlled substance in violation

36 of law or a Government regulation.
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1 (b) PROGRAM FOR EMPLOYEES OF THE FEDERAL AVIATION ADMINIS2 TRATION.—(1) The Administrator shall establish a program of

3 preemployment, reasonable suspicion, random, and post-accident testing for

4 the use of alcohol or a controlled substance in violation of law or a Govern5 ment regulation for employees of the Administration whose duties include

6 responsibility for safety-sensitive functions.

7 (2) When the Administrator considers it appropriate in the interest of

8 safety, the Administrator may prescribe regulations for conducting periodic

9 recurring testing of employees of the Administration responsible for safety10 sensitive functions for use of alcohol or a controlled substance in violation

11 of law or a Government regulation.

12 (c) SANCTIONS.—In prescribing regulations under the programs required

13 by this section, the Administrator shall require, as the Administrator consid14 ers appropriate, the suspension or revocation of any certificate issued to an

15 individual referred to in this section, or the disqualification or dismissal of

16 the individual, under this chapter when a test conducted and confirmed

17 under this chapter indicates the individual has used alcohol or a controlled

18 substance in violation of law or a Government regulation.

19 § 45103. Prohibited service

20 (a) USE OF ALCOHOL OR A CONTROLLED SUBSTANCE.—An individual

21 may not use alcohol or a controlled substance after October 28, 1991, in

22 violation of law or a United States Government regulation and serve as an

23 airman, crewmember, airport security screening contract employee, air car24 rier employee responsible for safety-sensitive functions (as decided by the

25 Administrator of the Federal Aviation Administration), or employee of the

26 Administration with responsibility for safety-sensitive functions.

27 (b) REHABILITATION REQUIRED TO RESUME SERVICE.—Notwithstand28 ing subsection (a) of this section, an individual found to have used alcohol

29 or a controlled substance after October 28, 1991, in violation of law or a

30 Government regulation may serve as an airman, crewmember, airport secu31 rity screening contract employee, air carrier employee responsible for safety32 sensitive functions (as decided by the Administrator), or employee of the

33 Administration with responsibility for safety-sensitive functions only if the

34 individual completes a rehabilitation program described in section 45105 of

35 this title.

36 (c) PERFORMANCE OF PRIOR DUTIES PROHIBITED.—An individual who

37 served as an airman, crewmember, airport security screening contract em38 ployee, air carrier employee responsible for safety-sensitive functions (as de39 cided by the Administrator), or employee of the Administration with respon40 sibility for safety-sensitive functions and who was found by the Adminis41 trator to have used alcohol or a controlled substance after October 28,
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1 1991, in violation of law or a Government regulation may not carry out the

2 duties related to air transportation that the individual carried out before the

3 finding of the Administrator if the individual—

4 (1) used the alcohol or controlled substance when on duty;

5 (2) began or completed a rehabilitation program described in section

6 45105 of this title before using the alcohol or controlled substance; or

7 (3) refuses to begin or complete a rehabilitation program described

8 in section 45105 of this title after a finding by the Administrator under

9 this section.

10 § 45104. Testing and laboratory requirements

11 In carrying out section 45102 of this title, the Administrator of the Fed12 eral Aviation Administration shall develop requirements that—

13 (1) promote, to the maximum extent practicable, individual privacy

14 in the collection of specimens;

15 (2) for laboratories and testing procedures for controlled substances,

16 incorporate the Department of Health and Human Services scientific

17 and technical guidelines dated April 11, 1988, and any amendments to

18 those guidelines, including mandatory guidelines establishing—

19 (A) comprehensive standards for every aspect of laboratory con20 trolled substances testing and laboratory procedures to be applied

21 in carrying out this chapter, including standards requiring the use

22 of the best available technology to ensure the complete reliability

23 and accuracy of controlled substances tests and strict procedures

24 governing the chain of custody of specimens collected for con25 trolled substances testing;

26 (B) the minimum list of controlled substances for which individ27 uals may be tested; and

28 (C) appropriate standards and procedures for periodic review of

29 laboratories and criteria for certification and revocation of certifi30 cation of laboratories to perform controlled substances testing in

31 carrying out this chapter;

32 (3) require that a laboratory involved in controlled substances testing

33 under this chapter have the capability and facility, at the laboratory,

34 of performing screening and confirmation tests;

35 (4) provide that all tests indicating the use of alcohol or a controlled

36 substance in violation of law or a United States Government regulation

37 be confirmed by a scientifically recognized method of testing capable

38 of providing quantitative information about alcohol or a controlled sub39 stance;

40 (5) provide that each specimen be subdivided, secured, and labeled

41 in the presence of the tested individual and that a part of the specimen
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1 be retained in a secure manner to prevent the possibility of tampering,

2 so that if the individual’s confirmation test results are positive the indi3 vidual has an opportunity to have the retained part tested by a 2d con4 firmation test done independently at another certified laboratory if the

5 individual requests the 2d confirmation test not later than 3 days after

6 being advised of the results of the first confirmation test;

7 (6) ensure appropriate safeguards for testing to detect and quantify

8 alcohol in breath and body fluid samples, including urine and blood,

9 through the development of regulations that may be necessary and in

10 consultation with the Secretary of Health and Human Services;

11 (7) provide for the confidentiality of test results and medical infor12 mation (except information about alcohol or a controlled substance) of

13 employees, except that this clause does not prevent the use of test re14 sults for the orderly imposition of appropriate sanctions under this

15 chapter; and

16 (8) ensure that employees are selected for tests by nondiscriminatory

17 and impartial methods, so that no employee is harassed by being treat18 ed differently from other employees in similar circumstances.

19 § 45105. Rehabilitation

20 (a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN AIR

21 CARRIERS.—The Administrator of the Federal Aviation Administration shall

22 prescribe regulations establishing requirements for rehabilitation programs

23 that at least provide for the identification and opportunity for treatment of

24 employees of air carriers and foreign air carriers referred to in section

25 45102(a)(1) of this title who need assistance in resolving problems with the

26 use of alcohol or a controlled substance in violation of law or a United

27 States Government regulation. Each air carrier and foreign air carrier is en28 couraged to make such a program available to all its employees in addition

29 to the employees referred to in section 45102(a)(1)(A). The Administrator

30 shall decide on the circumstances under which employees shall be required

31 to participate in a program. This subsection does not prevent an air carrier

32 or foreign air carrier from establishing a program under this subsection in

33 cooperation with another air carrier or foreign air carrier.

34 (b) PROGRAM FOR EMPLOYEES OF THE FEDERAL AVIATION ADMINIS35 TRATION.—The Administrator shall establish and maintain a rehabilitation

36 program that at least provides for the identification and opportunity for

37 treatment of employees of the Administration whose duties include respon38 sibility for safety-sensitive functions who need assistance in resolving prob39 lems with the use of alcohol or a controlled substance.
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1 § 45106. Relationship to other laws, regulations, standards,

2 and orders

3 (a) EFFECT ON STATE AND LOCAL GOVERNMENT LAWS, REGULATIONS,

4 STANDARDS, OR ORDERS.—A State or local government may not prescribe,

5 issue, or continue in effect a law, regulation, standard, or order that is in6 consistent with regulations prescribed under this chapter. However, a regu7 lation prescribed under this chapter does not preempt a State criminal law

8 that imposes sanctions for reckless conduct leading to loss of life, injury,

9 or damage to property.

10 (b) INTERNATIONAL OBLIGATIONS AND FOREIGN LAWS.—(1) In pre11 scribing regulations under this chapter, the Administrator of the Federal

12 Aviation Administration—

13 (A) shall establish only requirements applicable to foreign air car14 riers that are consistent with international obligations of the United

15 States; and

16 (B) shall consider applicable laws and regulations of foreign coun17 tries.

18 (2) The Secretaries of State and Transportation jointly shall request the

19 governments of foreign countries that are members of the International Civil

20 Aviation Organization to strengthen and enforce existing standards to pro21 hibit crewmembers in international civil aviation from using alcohol or a

22 controlled substance in violation of law or a United States Government reg23 ulation.

24 (c) OTHER REGULATIONS ALLOWED.—This section does not prevent the

25 Administrator from continuing in effect, amending, or further

26 supplementing a regulation prescribed before October 28, 1991, governing

27 the use of alcohol or a controlled substance by airmen, crewmembers, air28 port security screening contract employees, air carrier employees responsible

29 for safety-sensitive functions (as decided by the Administrator), or employ30 ees of the Administration with responsibility for safety-sensitive functions.

31 CHAPTER 453—FEES

Sec.

45301. Authority to impose fees.

45302. Fees involving aircraft not providing air transportation.

45303. Maximum fees for private person services.

32 § 45301. Authority to impose fees

33 (a) GENERAL AUTHORITY.—The Secretary of Transportation may impose

34 a fee for an approval, test, authorization, certificate, permit, registration,

35 transfer, or rating related to aviation that has not been approved by Con36 gress only when the fee—

37 (1)(A) was in effect on January 1, 1973; and
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1 (B) is not more than the fee in effect on January 1, 1973, adjusted

2 in proportion to changes in the Consumer Price Index of All Urban

3 Consumers published by the Secretary of Labor between January 1,

4 1973, and the date the fee is imposed; or

5 (2) is imposed under section 45302 of this title.

6 (b) NONAPPLICATION.—This section does not apply to a fee for a test,

7 authorization, certificate, permit, or rating related to an airman or repair

8 station administered or issued outside the United States.

9 § 45302. Fees involving aircraft not providing air transpor10 tation

11 (a) APPLICATION.—This section applies only to aircraft not used to pro12 vide air transportation.

13 (b) GENERAL AUTHORITY AND MAXIMUM FEES.—The Administrator of

14 the Federal Aviation Administration may impose fees to pay for the costs

15 of issuing airman certificates to pilots and certificates of registration of air16 craft and processing forms for major repairs and alterations of fuel tanks

17 and fuel systems of aircraft. The following fees may not be more than the

18 amounts specified:

19 (1) $12 for issuing an airman’s certificate to a pilot.

20 (2) $25 for registering an aircraft after the transfer of ownership.

21 (3) $15 for renewing an aircraft registration.

22 (4) $7.50 for processing a form for a major repair or alteration of

23 a fuel tank or fuel system of an aircraft.

24 (c) ADJUSTMENTS.—The Administrator shall adjust the maximum fees

25 established by subsection (b) of this section for changes in the Consumer

26 Price Index of All Urban Consumers published by the Secretary of Labor.

27 (d) CREDIT TO ACCOUNT AND AVAILABILITY.—Money collected from fees

28 imposed under this section shall be credited to the account in the Treasury

29 from which the Administrator incurs expenses in carrying out chapter 441

30 and sections 44701–44716 of this title (except sections 44701(c),

31 44703(f)(2), and 44713(d)(2)). The money is available to the Administrator

32 to pay expenses for which the fees are collected.

33 § 45303. Maximum fees for private person services

34 The Administrator of the Federal Aviation Administration may establish

35 maximum fees that private persons may charge for services performed under

36 a delegation to the person under section 44702(d) of this title.

37 SUBPART IV—ENFORCEMENT AND PENALTIES

38 CHAPTER 461—INVESTIGATIONS AND PROCEEDINGS

Sec.

46101. Complaints and investigations.

46102. Proceedings.

46103. Service of notice, process, and actions.

46104. Evidence.
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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.

1 § 46101. Complaints and investigations

2 (a) GENERAL.—(1) A person may file a complaint in writing with the

3 Secretary of Transportation (or the Administrator of the Federal Aviation

4 Administration with respect to aviation safety duties and powers designated

5 to be carried out by the Administrator) about a person violating this part

6 or a requirement prescribed under this part. Except as provided in sub7 section (b) of this section, the Secretary or Administrator shall investigate

8 the complaint if a reasonable ground appears to the Secretary or Adminis9 trator for the investigation.

10 (2) On the initiative of the Secretary of Transportation or the Adminis11 trator, as appropriate, the Secretary or Administrator may conduct an in12 vestigation, if a reasonable ground appears to the Secretary or Adminis13 trator for the investigation, about—

14 (A) a person violating this part or a requirement prescribed under

15 this part; or

16 (B) any question that may arise under this part.

17 (3) The Secretary of Transportation or Administrator may dismiss a com18 plaint without a hearing when the Secretary or Administrator is of the opin19 ion that the complaint does not state facts that warrant an investigation

20 or action.

21 (4) After notice and an opportunity for a hearing and subject to section

22 40105(b) of this title, the Secretary of Transportation or Administrator

23 shall issue an order to compel compliance with this part if the Secretary

24 or Administrator finds in an investigation under this subsection that a per25 son is violating this part.

26 (b) COMPLAINTS AGAINST MEMBERS OF ARMED FORCES.—The Sec27 retary of Transportation or Administrator shall refer a complaint against

28 a member of the armed forces of the United States performing official du29 ties to the Secretary of the department concerned for action. Not later than

30 90 days after receiving the complaint, the Secretary of that department

31 shall inform the Secretary of Transportation or Administrator of the action

32 taken on the complaint, including any corrective or disciplinary action

33 taken.

34 § 46102. Proceedings

35 (a) CONDUCTING PROCEEDINGS.—Subject to subchapter II of chapter 5

36 of title 5, the Secretary of Transportation (or the Administrator of the Fed37 eral Aviation Administration with respect to aviation safety duties and pow-
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1 ers designated to be carried out by the Administrator) may conduct proceed2 ings in a way conducive to justice and the proper dispatch of business.

3 (b) APPEARANCE.—A person may appear and be heard before the Sec4 retary and the Administrator in person or by an attorney. The Secretary

5 may appear and participate as an interested party in a proceeding the Ad6 ministrator conducts under section 40113(a) of this title.

7 (c) RECORDING AND PUBLIC ACCESS.—Official action taken by the Sec8 retary and Administrator under this part shall be recorded. Proceedings be9 fore the Secretary and Administrator shall be open to the public on the re10 quest of an interested party unless the Secretary or Administrator decides

11 that secrecy is required because of national defense.

12 (d) CONFLICTS OF INTEREST.—The Secretary, the Administrator, or an

13 officer or employee of the Administration may not participate in a proceed14 ing referred to in subsection (a) of this section in which the individual has

15 a pecuniary interest.

16 § 46103. Service of notice, process, and actions

17 (a) DESIGNATING AGENTS.—(1) Each air carrier and foreign air carrier

18 shall designate an agent on whom service of notice and process in a proceed19 ing before, and an action of, the Secretary of Transportation (or the Admin20 istrator of the Federal Aviation Administration with respect to aviation

21 safety duties and powers designated to be carried out by the Administrator)

22 may be made.

23 (2) The designation—

24 (A) shall be in writing and filed with the Secretary or Administrator;

25 and

26 (B) may be changed in the same way as originally made.

27 (b) SERVICE.—(1) Service may be made—

28 (A) by personal service;

29 (B) on a designated agent; or

30 (C) by certified or registered mail to the person to be served or the

31 designated agent of the person.

32 (2) The date of service made by certified or registered mail is the date

33 of mailing.

34 (c) SERVING AGENTS.—Service on an agent designated under this section

35 shall be made at the office or usual place of residence of the agent. If an

36 air carrier or foreign air carrier does not have a designated agent, service

37 may be made by posting the notice, process, or action in the office of the

38 Secretary or Administrator.

39 § 46104. Evidence

40 (a) GENERAL.—In conducting a hearing or investigation under this part,

41 the Secretary of Transportation (or the Administrator of the Federal Avia-
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1 tion Administration with respect to aviation safety duties and powers des2 ignated to be carried out by the Administrator) may—

3 (1) subpena witnesses and records related to a matter involved in the

4 hearing or investigation from any place in the United States to the des5 ignated place of the hearing or investigation;

6 (2) administer oaths;

7 (3) examine witnesses; and

8 (4) receive evidence at a place in the United States the Secretary

9 or Administrator designates.

10 (b) COMPLIANCE WITH SUBPENAS.—If a person disobeys a subpena, the

11 Secretary, the Administrator, or a party to a proceeding before the Sec12 retary or Administrator may petition a court of the United States to enforce

13 the subpena. A judicial proceeding to enforce a subpena under this section

14 may be brought in the jurisdiction in which the proceeding or investigation

15 is conducted. The court may punish a failure to obey an order of the court

16 to comply with the subpena as a contempt of court.

17 (c) DEPOSITIONS.—(1) In a proceeding or investigation, the Secretary or

18 Administrator may order a person to give testimony by deposition and to

19 produce records. If a person fails to be deposed or to produce records, the

20 order may be enforced in the same way a subpena may be enforced under

21 subsection (b) of this section.

22 (2) A deposition may be taken before an individual designated by the Sec23 retary or Administrator and having the power to administer oaths.

24 (3) Before taking a deposition, the party or the attorney of the party pro25 posing to take the deposition must give reasonable notice in writing to the

26 opposing party or the attorney of record of that party. The notice shall state

27 the name of the witness and the time and place of taking the deposition.

28 (4) The testimony of a person deposed under this subsection shall be

29 under oath. The person taking the deposition shall prepare, or cause to be

30 prepared, a transcript of the testimony taken. The transcript shall be sub31 scribed by the deponent. Each deposition shall be filed promptly with the

32 Secretary or Administrator.

33 (5) If the laws of a foreign country allow, the testimony of a witness in

34 that country may be taken by deposition—

35 (A) by a consular officer or an individual commissioned by the Sec36 retary or Administrator or agreed on by the parties by written stipula37 tion filed with the Secretary or Administrator; or

38 (B) under letters rogatory issued by a court of competent jurisdic39 tion at the request of the Secretary or Administrator.

40 (d) WITNESS FEES AND MILEAGE AND CERTAIN FOREIGN COUNTRY EX41 PENSES.—A witness summoned before the Secretary or Administrator or
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1 whose deposition is taken under this section and the individual taking the

2 deposition are each entitled to the same fee and mileage that the witness

3 and individual would have been paid for those services in a court of the

4 United States. Under regulations of the Secretary or Administrator, the

5 Secretary or Administrator shall pay the necessary expenses incident to exe6 cuting, in another country, a commission or letter rogatory issued at the

7 initiative of the Secretary or Administrator.

8 (e) DESIGNATING EMPLOYEES TO CONDUCT HEARINGS.—When des9 ignated by the Secretary or Administrator, an employee appointed under

10 section 3105 of title 5 may conduct a hearing, subpena witnesses, admin11 ister oaths, examine witnesses, and receive evidence at a place in the United

12 States the Secretary or Administrator designates. On request of a party, the

13 Secretary or Administrator shall hear or receive argument.

14 § 46105. Regulations and orders

15 (a) EFFECTIVENESS OF ORDERS.—Except as provided in this part, a reg16 ulation prescribed or order issued by the Secretary of Transportation (or

17 the Administrator of the Federal Aviation Administration with respect to

18 aviation safety duties and powers designated to be carried out by the Ad19 ministrator) takes effect within a reasonable time prescribed by the Sec20 retary or Administrator. The regulation or order remains in effect under its

21 own terms or until superseded. Except as provided in this part, the Sec22 retary or Administrator may amend, modify, or suspend an order in the

23 way, and by giving the notice, the Secretary or Administrator decides.

24 (b) CONTENTS AND SERVICE OF ORDERS.—An order of the Secretary or

25 Administrator shall include the findings of fact on which the order is based

26 and shall be served on the parties to the proceeding and the persons af27 fected by the order.

28 (c) EMERGENCIES.—When the Administrator is of the opinion that an

29 emergency exists related to safety in air commerce and requires immediate

30 action, the Administrator, on the initiative of the Administrator or on com31 plaint, may prescribe regulations and issue orders immediately to meet the

32 emergency, with or without notice and without regard to this part and sub33 chapter II of chapter 5 of title 5. The Administrator shall begin a proceed34 ing immediately about an emergency under this subsection and give pref35 erence, when practicable, to the proceeding.

36 § 46106. Enforcement by the Secretary of Transportation

37 and Administrator of the Federal Aviation Admin38 istration

39 The Secretary of Transportation (or the Administrator of the Federal

40 Aviation Administration with respect to aviation safety duties and powers

41 designated to be carried out by the Administrator) may bring a civil action
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1 against a person in a district court of the United States to enforce this part

2 or a requirement or regulation prescribed, or an order or any term of a cer3 tificate or permit issued, under this part. The action may be brought in the

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

5 § 46107. Enforcement by the Attorney General

6 (a) CIVIL ACTIONS TO ENFORCE SECTION 40106(b).—The Attorney

7 General may bring a civil action in a district court of the United States

8 against a person to enforce section 40106(b) of this title. The action may

9 be brought in the judicial district in which the person does business or the

10 violation occurred.

11 (b) CIVIL ACTIONS TO ENFORCE THIS PART.—(1) On request of the Sec12 retary of Transportation (or the Administrator of the Federal Aviation Ad13 ministration with respect to aviation safety duties and powers designated to

14 be carried out by the Administrator), the Attorney General may bring a civil

15 action in an appropriate court—

16 (A) to enforce this part or a requirement or regulation prescribed,

17 or an order or any term of a certificate or permit issued, under this

18 part; and

19 (B) to prosecute a person violating this part or a requirement or reg20 ulation prescribed, or an order or any term of a certificate or permit

21 issued, under this part.

22 (2) The costs and expenses of a civil action shall be paid out of the appro23 priations for the expenses of the courts of the United States.

24 (c) PARTICIPATION OF SECRETARY OR ADMINISTRATOR.—On request of

25 the Attorney General, the Secretary or Administrator, as appropriate, may

26 participate in a civil action under this part.

27 § 46108. Enforcement of certificate requirements by inter28 ested persons

29 An interested person may bring a civil action in a district court of the

30 United States against a person to enforce section 41101(a)(1) of this title.

31 The action may be brought in the judicial district in which the defendant

32 does business or the violation occurred.

33 § 46109. Joinder and intervention

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

35 proceeding before the Secretary of Transportation or civil action to enforce

36 this part or a requirement or regulation prescribed, or an order or any term

37 of a certificate or permit issued, under this part may be joined as a party

38 or permitted to intervene in the proceeding or civil action.

39 § 46110. Judicial review

40 (a) FILING AND VENUE.—Except for an order related to a foreign air

41 carrier subject to disapproval by the President under section 41307 or
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1 41509(f) of this title, a person disclosing a substantial interest in an order

2 issued by the Secretary of Transportation (or the Administrator of the Fed3 eral Aviation Administration with respect to aviation safety duties and pow4 ers designated to be carried out by the Administrator) under this part may

5 apply for review of the order by filing a petition for review in the United

6 States Court of Appeals for the District of Columbia Circuit or in the court

7 of appeals of the United States for the circuit in which the person resides

8 or has its principal place of business. The petition must be filed not later

9 than 60 days after the order is issued. The court may allow the petition

10 to be filed after the 60th day only if there are reasonable grounds for not

11 filing by the 60th day.

12 (b) JUDICIAL PROCEDURES.—When a petition is filed under subsection

13 (a) of this section, the clerk of the court immediately shall send a copy of

14 the petition to the Secretary or Administrator, as appropriate. The Sec15 retary or Administrator shall file with the court a record of any proceeding

16 in which the order was issued, as provided in section 2112 of title 28.

17 (c) AUTHORITY OF COURT.—When the petition is sent to the Secretary

18 or Administrator, the court has exclusive jurisdiction to affirm, amend,

19 modify, or set aside any part of the order and may order the Secretary or

20 Administrator to conduct further proceedings. After reasonable notice to the

21 Secretary or Administrator, the court may grant interim relief by staying

22 the order or taking other appropriate action when good cause for its action

23 exists. Findings of fact by the Secretary or Administrator, if supported by

24 substantial evidence, are conclusive.

25 (d) REQUIREMENT FOR PRIOR OBJECTION.—In reviewing an order under

26 this section, the court may consider an objection to an order of the Sec27 retary or Administrator only if the objection was made in the proceeding

28 conducted by the Secretary or Administrator or if there was a reasonable

29 ground for not making the objection in the proceeding.

30 (e) SUPREME COURT REVIEW.—A decision by a court under this section

31 may be reviewed only by the Supreme Court under section 1254 of title 28.

32 CHAPTER 463—PENALTIES

Sec.

46301. Civil penalties.

46302. False information.

46303. Carrying a weapon.

46304. Liens on aircraft.

46305. Actions to recover civil penalties.

46306. Registration violations involving aircraft not providing air transportation.

46307. Violation of national defense airspace.

46308. Interference with air navigation.

46309. Concession and 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.
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46315. Lighting violations involving transporting controlled substances by aircraft not providing air transportation.

46316. General criminal penalty when specific penalty not provided.

1 § 46301. Civil penalties

2 (a) GENERAL PENALTY.—(1) A person is liable to the United States Gov3 ernment for a civil penalty of not more than $1,000 for violating—

4 (A) chapter 401 (except sections 40103(a) and (d), 40105, 40116,

5 and 40117), chapter 411, section 41301–41306, 41308–41310(a),

6 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–

7 41709, 41711, 41712, or 41731–41742, chapter 419, subchapter II of

8 chapter 421, chapter 441 (except section 44109), or section 44701(a)

9 or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906,

10 44907(d)(1)(B), 44909(a), 44912–44915, 44932–44938, 46302, or

11 46303 of this title;

12 (B) a regulation prescribed or order issued under any provision to

13 which clause (A) of this paragraph applies;

14 (C) any term of a certificate or permit issued under section 41102,

15 41103, or 41302 of this title; or

16 (D) a regulation of the United States Postal Service under this part.

17 (2) A person operating an aircraft for the transportation of passengers

18 or property for compensation (except an airman serving as an airman) is

19 liable to the Government for a civil penalty of not more than $10,000 for

20 violating—

21 (A) chapter 401 (except sections 40103(a) and (d), 40105, 40106(b),

22 40116, and 40117) or section 44701(a) or (b), 44702–44716, 44901,

23 44903(b) or (c), 44905, 44906, 44912–44915, or 44932–44938 of this

24 title; or

25 (B) a regulation prescribed or order issued under any provision to

26 which clause (A) of this paragraph applies.

27 (3) A civil penalty of not more than $10,000 may be imposed for each

28 violation under paragraph (1) of this subsection related to—

29 (A) the transportation of hazardous material; or

30 (B) the registration or recordation under chapter 441 of this title of

31 an aircraft not used to provide air transportation.

32 (4) A separate violation occurs under this subsection for each day the vio33 lation continues or, if applicable, for each flight involving the violation.

34 (b) SMOKE ALARM DEVICE PENALTY.—(1) A passenger may not tamper

35 with, disable, or destroy a smoke alarm device located in a lavatory on an

36 aircraft providing air transportation or intrastate air transportation.

37 (2) An individual violating this subsection is liable to the Government for

38 a civil penalty of not more than $2,000.
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1 (c) PROCEDURAL REQUIREMENTS.—(1) The Secretary of Transportation

2 may impose a civil penalty for the following violations only after notice and

3 an opportunity for a hearing:

4 (A) a violation of subsection (b) of this section or chapter 411, sec5 tion 41301–41306, 41308–41310(a), 41501, 41503, 41504, 41506,

6 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, or 41731–

7 41742, chapter 419, or subchapter II of chapter 421 of this title.

8 (B) a violation of a regulation prescribed or order issued under any

9 provision to which clause (A) of this paragraph applies.

10 (C) a violation of any term of a certificate or permit issued under

11 section 41102, 41103, or 41302 of this title.

12 (D) a violation under subsection (a)(1) of this section related to the

13 transportation of hazardous material.

14 (2) The Secretary shall give written notice of the finding of a violation

15 and the civil penalty under paragraph (1) of this subsection.

16 (d) ADMINISTRATIVE IMPOSITION OF PENALTIES.—(1) In this sub17 section—

18 (A) ‘‘flight engineer’’ means an individual who holds a flight engi19 neer certificate issued under part 63 of title 14, Code of Federal Regu20 lations.

21 (B) ‘‘mechanic’’ means an individual who holds a mechanic certifi22 cate issued under part 65 of title 14, Code of Federal Regulations.

23 (C) ‘‘pilot’’ means an individual who holds a pilot certificate issued

24 under part 61 of title 14, Code of Federal Regulations.

25 (D) ‘‘repairman’’ means an individual who holds a repairman certifi26 cate issued under part 65 of title 14, Code of Federal Regulations.

27 (2) The Administrator of the Federal Aviation Administration may im28 pose a civil penalty for a violation of chapter 401 (except sections 40103(a)

29 and (d), 40105, 40106(b), 40116, and 40117), chapter 441 (except section

30 44109), or section 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c),

31 44905, 44906, 44907(d)(1)(B), 44912–44915, 44932–44938, 46302, or

32 46303 of this title or a regulation prescribed or order issued under any of

33 those provisions. The Administrator shall give written notice of the finding

34 of a violation and the penalty.

35 (3) In a civil action to collect a civil penalty imposed by the Administrator

36 under this subsection, the issues of liability and the amount of the penalty

37 may not be reexamined.

38 (4) Notwithstanding paragraph (2) of this subsection, the district courts

39 of the United States have exclusive jurisdiction of a civil action involving

40 a penalty the Administrator initiates if—

41 (A) the amount in controversy is more than $50,000;
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1 (B) the action is in rem or another action in rem based on the same

2 violation has been brought;

3 (C) the action involves an aircraft subject to a lien that has been

4 seized by the Government; or

5 (D) another action has been brought for an injunction based on the

6 same violation.

7 (5)(A) The Administrator may issue an order imposing a penalty under

8 this subsection against an individual acting as a pilot, flight engineer, me9 chanic, or repairman only after advising the individual of the charges or any

10 reason the Administrator relied on for the proposed penalty and providing

11 the individual an opportunity to answer the charges and be heard about why

12 the order shall not be issued.

13 (B) An individual acting as a pilot, flight engineer, mechanic, or repair14 man may appeal an order imposing a penalty under this subsection to the

15 National Transportation Safety Board. After notice and an opportunity for

16 a hearing on the record, the Board shall affirm, modify, or reverse the

17 order. The Board may modify a civil penalty imposed to a suspension or

18 revocation of a certificate.

19 (C) When conducting a hearing under this paragraph, the Board is not

20 bound by findings of fact of the Administrator but is bound by all validly

21 adopted interpretations of laws and regulations the Administrator carries

22 out and of written agency policy guidance available to the public related to

23 sanctions to be imposed under this section unless the Board finds an inter24 pretation is arbitrary, capricious, or otherwise not according to law.

25 (D) When an individual files an appeal with the Board under this para26 graph, the order of the Administrator is stayed.

27 (6) An individual substantially affected by an order of the Board under

28 paragraph (5) of this subsection, or the Administrator when the Adminis29 trator decides that an order of the Board under paragraph (5) will have a

30 significant adverse impact on carrying out this part, may obtain judicial re31 view of the order under section 46110 of this title. The Administrator shall

32 be made a party to the judicial review proceedings. Findings of fact of the

33 Board are conclusive if supported by substantial evidence.

34 (7)(A) The Administrator may impose a penalty on an individual (except

35 an individual acting as a pilot, flight engineer, mechanic, or repairman) only

36 after notice and an opportunity for a hearing on the record.

37 (B) In an appeal from a decision of an administrative law judge as the

38 result of a hearing under subparagraph (A) of this paragraph, the Adminis39 trator shall consider only whether—

40 (i) each finding of fact is supported by a preponderance of reliable,

41 probative, and substantial evidence;
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1 (ii) each conclusion of law is made according to applicable law, prece2 dent, and public policy; and

3 (iii) the judge committed a prejudicial error that supports the ap4 peal.

5 (C) Except for good cause, a civil action involving a penalty under this

6 paragraph may not be initiated later than 2 years after the violation occurs.

7 (8) The maximum civil penalty the Administrator or Board may impose

8 under this subsection is $50,000.

9 (9) This subsection applies only to a violation occurring after August 25,

10 1992.

11 (e) PENALTY CONSIDERATIONS.—In determining the amount of a civil

12 penalty under subsection (a)(3) of this section related to transportation of

13 hazardous material, the Secretary shall consider—

14 (1) the nature, circumstances, extent, and gravity of the violation;

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

16 of prior violations, the ability to pay, and any effect on the ability to

17 continue doing business; and

18 (3) other matters that justice requires.

19 (f) COMPROMISE AND SETOFF.—(1)(A) The Secretary may compromise

20 the amount of a civil penalty imposed for violating—

21 (i) chapter 401 (except sections 40103(a) and (d), 40105, 40116,

22 and 40117), chapter 441 (except section 44109), or section 44701(a)

23 or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906,

24 44907(d)(1)(B), 44912–44915, or 44932–44938 of this title; or

25 (ii) a regulation prescribed or order issued under any provision to

26 which clause (i) of this subparagraph applies.

27 (B) The Postal Service may compromise the amount of a civil penalty im28 posed under subsection (a)(1)(D) of this section.

29 (2) The Government may deduct the amount of a civil penalty imposed

30 or compromised under this subsection from amounts it owes the person lia31 ble for the penalty.

32 (g) JUDICIAL REVIEW.—An order of the Secretary imposing a civil pen33 alty may be reviewed judicially only under section 46110 of this title.

34 (h) NONAPPLICATION.—(1) This section does not apply to the following

35 when performing official duties:

36 (A) a member of the armed forces of the United States.

37 (B) a civilian employee of the Department of Defense subject to the

38 Uniform Code of Military Justice.

39 (2) The appropriate military authority is responsible for taking necessary

40 disciplinary action and submitting to the Secretary (or the Administrator
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1 with respect to aviation safety duties and powers designated to be carried

2 out by the Administrator) a timely report on action taken.

3 § 46302. False information

4 (a) CIVIL PENALTY.—A person that, knowing the information to be false,

5 gives, or causes to be given, under circumstances in which the information

6 reasonably may be believed, false information about an alleged attempt

7 being made or to be made to do an act that would violate section 46502(a),

8 46504, 46505, or 46506 of this title, is liable to the United States Govern9 ment for a civil penalty of not more than $10,000 for each violation.

10 (b) COMPROMISE AND SETOFF.—(1) The Secretary of Transportation

11 may compromise the amount of a civil penalty imposed under subsection (a)

12 of this section.

13 (2) The Government may deduct the amount of a civil penalty imposed

14 or compromised under this section from amounts it owes the person liable

15 for the penalty.

16 § 46303. Carrying a weapon

17 (a) CIVIL PENALTY.—An individual who, when on, or attempting to

18 board, an aircraft in, or intended for operation in, air transportation or

19 intrastate air transportation, has on or about the individual or the property

20 of the individual a concealed dangerous weapon that is or would be acces21 sible to the individual in flight is liable to the United States Government

22 for a civil penalty of not more than $10,000 for each violation.

23 (b) COMPROMISE AND SETOFF.—(1) The Secretary of Transportation

24 may compromise the amount of a civil penalty imposed under subsection (a)

25 of this section.

26 (2) The Government may deduct the amount of a civil penalty imposed

27 or compromised under this section from amounts it owes the individual lia28 ble for the penalty.

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

30 (1) a law enforcement officer of a State or political subdivision of

31 a State, or an officer or employee of the Government, authorized to

32 carry arms in an official capacity; or

33 (2) another individual the Administrator of the Federal Aviation Ad34 ministration by regulation authorizes to carry arms in an official capac35 ity.

36 § 46304. Liens on aircraft

37 (a) AIRCRAFT SUBJECT TO LIENS.—When an aircraft is involved in a

38 violation referred to in section 46301(a)(1)(A)–(C), (2), or (3) of this title

39 and the violation is by the owner of, or individual commanding, the aircraft,

40 the aircraft is subject to a lien for the civil penalty.
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1 (b) SEIZURE.—An aircraft subject to a lien under this section may be

2 seized summarily and placed in the custody of a person authorized to take

3 custody of it under regulations of the Secretary of Transportation (or the

4 Administrator of the Federal Aviation Administration with respect to avia5 tion safety duties and powers designated to be carried out by the Adminis6 trator). A report on the seizure shall be submitted to the Attorney General.

7 The Attorney General promptly shall bring a civil action in rem to enforce

8 the lien or notify the Secretary or Administrator that the action will not

9 be brought.

10 (c) RELEASE.—An aircraft seized under subsection (b) of this section

11 shall be released from custody when—

12 (1) the civil penalty is paid;

13 (2) a compromise amount agreed on is paid;

14 (3) the aircraft is seized under a civil action in rem to enforce the

15 lien;

16 (4) the Attorney General gives notice that a civil action will not be

17 brought under subsection (b) of this section; or

18 (5) a bond (in an amount and with a surety the Secretary or Admin19 istrator prescribes), conditioned on payment of the penalty or com20 promise, is deposited with the Secretary or Administrator.

21 § 46305. Actions to recover civil penalties

22 A civil penalty under this chapter may be collected by bringing a civil ac23 tion against the person subject to the penalty, a civil action in rem against

24 an aircraft subject to a lien for a penalty, or both. The action shall conform

25 as nearly as practicable to a civil action in admiralty, regardless of the place

26 an aircraft in a civil action in rem is seized. However, a party may demand

27 a jury trial of an issue of fact in an action involving a civil penalty under

28 this chapter (except a penalty imposed by the Secretary of Transportation

29 that formerly was imposed by the Civil Aeronautics Board) if the value of

30 the matter in controversy is more than $20. Issues of fact tried by a jury

31 may be reexamined only under common law rules.

32 § 46306. Registration violations involving aircraft not pro33 viding air transportation

34 (a) APPLICATION.—This section applies only to aircraft not used to pro35 vide air transportation.

36 (b) GENERAL CRIMINAL PENALTY.—Except as provided by subsection (c)

37 of this section, a person shall be fined under title 18, imprisoned for not

38 more than 3 years, or both, if the person—

39 (1) knowingly and willfully forges or alters a certificate authorized

40 to be issued under this part;
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1 (2) knowingly sells, uses, attempts to use, or possesses with the in2 tent to use, such a certificate;

3 (3) knowingly and willfully displays or causes to be displayed on an

4 aircraft a mark that is false or misleading about the nationality or reg5 istration of the aircraft;

6 (4) obtains a certificate authorized to be issued under this part by

7 knowingly and willfully falsifying or concealing a material fact, making

8 a false, fictitious, or fraudulent statement, or making or using a false

9 document knowing it contains a false, fictitious, or fraudulent state10 ment or entry;

11 (5) owns an aircraft eligible for registration under section 44102 of

12 this title and knowingly and willfully operates, attempts to operate, or

13 allows another person to operate the aircraft when—

14 (A) the aircraft is not registered under section 44103 of this

15 title or the certificate of registration is suspended or revoked; or

16 (B) the owner knows or has reason to know that the other per17 son does not have proper authorization to operate or navigate the

18 aircraft without registration for a period of time after transfer of

19 ownership;

20 (6) knowingly and willfully operates or attempts to operate an air21 craft eligible for registration under section 44102 of this title knowing

22 that—

23 (A) the aircraft is not registered under section 44103 of this

24 title;

25 (B) the certificate of registration is suspended or revoked; or

26 (C) the person does not have proper authorization to operate or

27 navigate the aircraft without registration for a period of time after

28 transfer of ownership;

29 (7) knowingly and willfully serves or attempts to serve in any capac30 ity as an airman without an airman’s certificate authorizing the indi31 vidual to serve in that capacity;

32 (8) knowingly and willfully employs for service or uses in any capac33 ity as an airman an individual who does not have an airman’s certifi34 cate authorizing the individual to serve in that capacity; or

35 (9) operates an aircraft with a fuel tank or fuel system that has been

36 installed or modified knowing that the tank, system, installation, or

37 modification does not comply with regulations and requirements of the

38 Administrator of the Federal Aviation Administration.

39 (c) CONTROLLED SUBSTANCE CRIMINAL PENALTY.—(1) In this sub40 section, ‘‘controlled substance’’ has the same meaning given that term in
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1 section 102 of the Comprehensive Drug Abuse Prevention and Control Act

2 of 1970 (21 U.S.C. 802).

3 (2) A person violating subsection (b) of this section shall be fined under

4 title 18, imprisoned for not more than 5 years, or both, if the violation is

5 related to transporting a controlled substance by aircraft or aiding or facili6 tating a controlled substance violation and the transporting, aiding, or facili7 tating—

8 (A) is punishable by death or imprisonment of more than one year

9 under a law of the United States or a State; or

10 (B) provided is related to an act punishable by death or imprison11 ment for more than one year under a law of the United States or a

12 State related to a controlled substance (except a law related to simple

13 possession of a controlled substance).

14 (3) A term of imprisonment imposed under paragraph (2) of this sub15 section shall be served in addition to, and not concurrently with, any other

16 term of imprisonment imposed on the individual.

17 (d) SEIZURE AND FORFEITURE.—(1) The Administrator of Drug En18 forcement or the Commissioner of Customs may seize and forfeit under the

19 customs laws an aircraft whose use is related to a violation of subsection

20 (b) of this section, or to aid or facilitate a violation, regardless of whether

21 a person is charged with the violation.

22 (2) An aircraft’s use is presumed to have been related to a violation of,

23 or to aid or facilitate a violation of—

24 (A) subsection (b)(1) of this section if the aircraft certificate of reg25 istration has been forged or altered;

26 (B) subsection (b)(3) of this section if there is an external display

27 of false or misleading registration numbers or country of registration;

28 (C) subsection (b)(4) of this section if—

29 (i) the aircraft is registered to a false or fictitious person; or

30 (ii) the application form used to obtain the aircraft certificate

31 of registration contains a material false statement;

32 (D) subsection (b)(5) of this section if the aircraft was operated

33 when it was not registered under section 44103 of this title; or

34 (E) subsection (b)(9) of this section if the aircraft has a fuel tank

35 or fuel system that was installed or altered—

36 (i) in violation of a regulation or requirement of the Adminis37 trator of the Federal Aviation Administration; or

38 (ii) if a certificate required to be issued for the installation or

39 alteration is not carried on the aircraft.

40 (3) The Administrator of the Federal Aviation Administration, the Ad41 ministrator of Drug Enforcement, and the Commissioner shall agree to a
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1 memorandum of understanding to establish procedures to carry out this

2 subsection.

3 (e) RELATIONSHIP TO STATE LAWS.—This part does not prevent a State

4 from establishing a criminal penalty, including providing for forfeiture and

5 seizure of aircraft, for a person that—

6 (1) knowingly and willfully forges or alters an aircraft certificate of

7 registration;

8 (2) knowingly sells, uses, attempts to use, or possesses with the in9 tent to use, a fraudulent aircraft certificate of registration;

10 (3) knowingly and willfully displays or causes to be displayed on an

11 aircraft a mark that is false or misleading about the nationality or reg12 istration of the aircraft; or

13 (4) obtains an aircraft certificate of registration from the Adminis14 trator of the Federal Aviation Administration by—

15 (A) knowingly and willfully falsifying or concealing a material

16 fact;

17 (B) making a false, fictitious, or fraudulent statement; or

18 (C) making or using a false document knowing it contains a

19 false, fictitious, or fraudulent statement or entry.

20 § 46307. Violation of national defense airspace

21 A person that knowingly or willfully violates section 40103(b)(3) of this

22 title or a regulation prescribed or order issued under section 40103(b)(3)

23 shall be fined under title 18, imprisoned for not more than one year, or

24 both.

25 § 46308. Interference with air navigation

26 A person shall be fined under title 18, imprisoned for not more than 5

27 years, or both, if the person—

28 (1) with intent to interfere with air navigation in the United States,

29 exhibits in the United States a light or signal at a place or in a way

30 likely to be mistaken for a true light or signal established under this

31 part or for a true light or signal used at an air navigation facility;

32 (2) after a warning from the Administrator of the Federal Aviation

33 Administration, continues to maintain a misleading light or signal; or

34 (3) knowingly interferes with the operation of a true light or signal.

35 § 46309. Concession and price violations

36 (a) CRIMINAL PENALTY FOR OFFERING, GRANTING, GIVING, OR HELP37 ING TO OBTAIN CONCESSIONS AND LOWER PRICES.—An air carrier, for38 eign air carrier, ticket agent, or officer, agent, or employee of an air carrier,

39 foreign air carrier, or ticket agent shall be fined under title 18 if the air

40 carrier, foreign air carrier, ticket agent, officer, agent, or employee—
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1 (1) knowingly and willfully offers, grants, or gives, or causes to be

2 offered, granted, or given, a rebate or other concession in violation of

3 this part; or

4 (2) by any means knowingly and willfully assists, or willingly allows,

5 a person to obtain transportation or services subject to this part at less

6 than the price lawfully in effect.

7 (b) CRIMINAL PENALTY FOR RECEIVING REBATES, PRIVILEGES, AND FA8 CILITIES.—A person shall be fined under title 18 if the person by any

9 means—

10 (1) knowingly and willfully solicits, accepts, or receives a rebate of

11 a part of a price lawfully in effect for the foreign air transportation

12 of property, or a service related to the foreign air transportation; or

13 (2) knowingly solicits, accepts, or receives a privilege or facility relat14 ed to a matter the Secretary of Transportation requires be specified in

15 a currently effective tariff applicable to the foreign air transportation

16 of property.

17 § 46310. Reporting and recordkeeping violations

18 (a) GENERAL CRIMINAL PENALTY.—An air carrier or an officer, agent,

19 or employee of an air carrier shall be fined under title 18 for intentionally—

20 (1) failing to make a report or keep a record under this part;

21 (2) falsifying, mutilating, or altering a report or record under this

22 part; or

23 (3) filing a false report or record under this part.

24 (b) SAFETY REGULATION CRIMINAL PENALTY.—An air carrier or an offi25 cer, agent, or employee of an air carrier shall be fined under title 18, im26 prisoned for not more than 5 years, or both, for intentionally falsifying or

27 concealing a material fact, or inducing reliance on a false statement of ma28 terial fact, in a report or record under section 44701(a) or (b) or 44702–

29 44716 of this title.

30 § 46311. Unlawful disclosure of information

31 (a) CRIMINAL PENALTY.—The Secretary of Transportation, the Adminis32 trator of the Federal Aviation Administration with respect to aviation safety

33 duties and powers designated to be carried out by the Administrator, or an

34 officer or employee of the Secretary or Administrator shall be fined under

35 title 18, imprisoned for not more than 2 years, or both, if the Secretary,

36 Administrator, officer, or employee knowingly and willfully discloses infor37 mation that—

38 (1) the Secretary, Administrator, officer, or employee acquires when

39 inspecting the records of an air carrier; or

40 (2) is withheld from public disclosure under section 40115 of this

41 title.
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1 (b) NONAPPLICATION.—Subsection (a) of this section does not apply if—

2 (1) the officer or employee is directed by the Secretary or Adminis3 trator to disclose information that the Secretary or Administrator had

4 ordered withheld; or

5 (2) the Secretary, Administrator, officer, or employee is directed by

6 a court of competent jurisdiction to disclose the information.

7 (c) WITHHOLDING INFORMATION FROM CONGRESS.—This section does

8 not authorize the Secretary or Administrator to withhold information from

9 a committee of Congress authorized to have the information.

10 § 46312. Transporting hazardous material

11 A person shall be fined under title 18, imprisoned for not more than 5

12 years, or both, if the person, in violation of a regulation or requirement re13 lated to the transportation of hazardous material prescribed by the Sec14 retary of Transportation under this part—

15 (1) willfully delivers, or causes to be delivered, property containing

16 hazardous material to an air carrier or to an operator of a civil aircraft

17 for transportation in air commerce; or

18 (2) recklessly causes the transportation in air commerce of the prop19 erty.

20 § 46313. Refusing to appear or produce records

21 A person not obeying a subpena or requirement of the Secretary of

22 Transportation (or the Administrator of the Federal Aviation Administra23 tion with respect to aviation safety duties and powers designated to be car24 ried out by the Administrator) to appear and testify or produce records

25 shall be fined under title 18, imprisoned for not more than one year, or

26 both.

27 § 46314. Entering aircraft or airport area in violation of se28 curity requirements

29 (a) PROHIBITION.—A person may not knowingly and willfully enter, in

30 violation of security requirements prescribed under section 44901, 44903(b)

31 or (c), or 44906 of this title, an aircraft or an airport area that serves an

32 air carrier or foreign air carrier.

33 (b) CRIMINAL PENALTY.—(1) A person violating subsection (a) of this

34 section shall be fined under title 18, imprisoned for not more than one year,

35 or both.

36 (2) A person violating subsection (a) of this section with intent to com37 mit, in the aircraft or airport area, a felony under a law of the United

38 States or a State shall be fined under title 18, imprisoned for not more than

39 10 years, or both.
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1 § 46315. Lighting violations involving transporting con2 trolled substances by aircraft not providing air

3 transportation

4 (a) APPLICATION.—This section applies only to aircraft not used to pro5 vide air transportation.

6 (b) CRIMINAL PENALTY.—A person shall be fined under title 18, impris7 oned for not more than 5 years, or both, if—

8 (1) the person knowingly and willfully operates an aircraft in viola9 tion of a regulation or requirement of the Administrator of the Federal

10 Aviation Administration related to the display of navigation or anti11 collision lights;

12 (2) the person is knowingly transporting a controlled substance by

13 aircraft or aiding or facilitating a controlled substance offense; and

14 (3) the transporting, aiding, or facilitating—

15 (A) is punishable by death or imprisonment for more than one

16 year under a law of the United States or a State; or

17 (B) is provided in connection with an act punishable by death

18 or imprisonment for more than one year under a law of the United

19 States or a State related to a controlled substance (except a law

20 related to simple possession of a controlled substance).

21 § 46316. General criminal penalty when specific penalty not

22 provided

23 (a) CRIMINAL PENALTY.—Except as provided by subsection (b) of this

24 section, when another criminal penalty is not provided under this chapter,

25 a person that knowingly and willfully violates this part, a regulation pre26 scribed or order issued by the Secretary of Transportation (or the Adminis27 trator of the Federal Aviation Administration with respect to aviation safety

28 duties and powers designated to be carried out by the Administrator) under

29 this part, or any term of a certificate or permit issued under section 41102,

30 41103, or 41302 of this title shall be fined under title 18. A separate viola31 tion occurs for each day the violation continues.

32 (b) NONAPPLICATION.—Subsection (a) of this section does not apply to

33 chapter 401 (except sections 40103(a) and (d), 40105, 40116, and 40117),

34 chapter 441 (except section 44109), chapter 445, and sections 44701(a) and

35 (b), 44702–44716, 44901, 44903(b) and (c), 44905, 44906, 44912–44915,

36 and 44932–44938 of this title.

37 CHAPTER 465—SPECIAL AIRCRAFT JURISDICTION OF

38 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.
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46505. Carrying a weapon or explosive on an aircraft.

46506. Application of certain criminal laws to acts on aircraft.

46507. False information and threats.

1 § 46501. Definitions

2 In this chapter—

3 (1) ‘‘aircraft in flight’’ means an aircraft from the moment all exter4 nal doors are closed following boarding—

5 (A) through the moment when one external door is opened to

6 allow passengers to leave the aircraft; or

7 (B) until, if a forced landing, competent authorities take over

8 responsibility for the aircraft and individuals and property on the

9 aircraft.

10 (2) ‘‘special aircraft jurisdiction of the United States’’ includes any

11 of the following aircraft in flight:

12 (A) a civil aircraft of the United States.

13 (B) an aircraft of the armed forces of the United States.

14 (C) another aircraft in the United States.

15 (D) another aircraft outside the United States—

16 (i) that has its next scheduled destination or last place of

17 departure in the United States, if the aircraft next lands in

18 the United States;

19 (ii) on which an individual commits an offense (as defined

20 in the Convention for the Suppression of Unlawful Seizure of

21 Aircraft) if the aircraft lands in the United States with the

22 individual still on the aircraft; or

23 (iii) against which an individual commits an offense (as de24 fined in subsection (d) or (e) of article I, section I of the Con25 vention for the Suppression of Unlawful Acts against the

26 Safety of Civil Aviation) if the aircraft lands in the United

27 States with the individual still on the aircraft.

28 (E) any other aircraft leased without crew to a lessee whose

29 principal place of business is in the United States or, if the lessee

30 does not have a principal place of business, whose permanent resi31 dence is in the United States.

32 (3) an individual commits an offense (as defined in the Convention

33 for the Suppression of Unlawful Seizure of Aircraft) when the individ34 ual, when on an aircraft in flight—

35 (A) by any form of intimidation, unlawfully seizes, exercises

36 control of, or attempts to seize or exercise control of, the aircraft;

37 or

38 (B) is an accomplice of an individual referred to in subclause

39 (A) of this clause.
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1 § 46502. Aircraft piracy

2 (a) IN SPECIAL AIRCRAFT JURISDICTION.—(1) In this subsection—

3 (A) ‘‘aircraft piracy’’ means seizing or exercising control of an air4 craft in the special aircraft jurisdiction of the United States by force,

5 violence, threat of force or violence, or any form of intimidation, and

6 with wrongful intent.

7 (B) an attempt to commit aircraft piracy is in the special aircraft

8 jurisdiction of the United States although the aircraft is not in flight

9 at the time of the attempt if the aircraft would have been in the special

10 aircraft jurisdiction of the United States had the aircraft piracy been

11 completed.

12 (2) An individual committing or attempting to commit aircraft piracy—

13 (A) shall be imprisoned for at least 20 years; or

14 (B) if the death of another individual results from the commission

15 or attempt, shall be put to death or imprisoned for life.

16 (b) OUTSIDE SPECIAL AIRCRAFT JURISDICTION.—(1) An individual com17 mitting an offense (as defined in the Convention for the Suppression of Un18 lawful Seizure of Aircraft) on an aircraft in flight outside the special air19 craft jurisdiction of the United States and later found in the United

20 States—

21 (A) shall be imprisoned for at least 20 years; or

22 (B) if the death of another individual results from the commission

23 or attempt, shall be put to death or imprisoned for life.

24 (2) This subsection applies only if the place of takeoff or landing of the

25 aircraft on which the individual commits the offense is located outside the

26 territory of the country of registration of the aircraft.

27 § 46503. Death penalty sentencing procedure for aircraft pi28 racy

29 (a) GOVERNMENT STIPULATIONS.—An individual convicted of violating

30 section 46502 of this title may not be sentenced to death if the United

31 States Government stipulates that at least one of the mitigating factors

32 specified in subsection (c)(1) of this section exists or none of the aggravat33 ing factors specified in subsection (c)(2) of this section exists. If the Gov34 ernment does not stipulate, the judge presiding at the trial or accepting the

35 guilty plea of the individual shall hold a separate hearing to decide on the

36 punishment to be imposed.

37 (b) PUNISHMENT HEARINGS.—(1) The hearing under this section shall

38 be conducted—

39 (A) before the jury that found the defendant guilty;

40 (B) before a jury impaneled for the hearing when—

41 (i) the defendant was convicted by a guilty plea;
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1 (ii) the defendant was convicted by a judge without a jury; or

2 (iii) the jury finding the defendant guilty was discharged by the

3 judge for good cause; or

4 (C) before the judge, on motion of the defendant and with the ap5 proval of the judge and the Government.

6 (2) At the hearing, the judge shall disclose to the defendant or counsel

7 for the defendant all material contained in any presentence report, except

8 material the judge decides is required to be withheld to protect human life

9 or national security. Presentence information withheld from the defendant

10 may not be considered in deciding whether the factors specified in sub11 section (c) of this section exist.

12 (3) Information relevant to the mitigating factors specified in subsection

13 (c)(1) of this section may be presented by the Government or the defendant

14 without regard to the rules governing the admissibility of evidence at crimi15 nal trials. The burden of establishing the existence of a mitigating factor

16 specified in subsection (c)(1) is on the defendant.

17 (4) Information relevant to the aggravating factors specified in subsection

18 (c)(2) of this section is admissible only under rules governing the admissibil19 ity of evidence at criminal trials. The burden of establishing the existence

20 of an aggravating factor specified in subsection (c)(2) is on the Government.

21 (5) The Government and the defendant may rebut information presented

22 at the hearing. They shall be given an opportunity to present arguments on

23 the adequacy of the information to establish the existence of the factors

24 specified in subsection (c) of this section.

25 (c) MITIGATING AND AGGRAVATING FACTORS.—(1) The judge may not

26 impose the death penalty on a defendant if the jury or, if there is no jury,

27 the judge finds under this section that at the time of the violation of section

28 46502 of this title—

29 (A) the defendant was not yet 18 years of age;

30 (B) the capacity of the defendant to appreciate the wrongfulness of

31 the defendant’s conduct or to conform the defendant’s conduct to the

32 requirements of law was impaired significantly, but the capacity was

33 not impaired sufficiently to be a defense to prosecution;

34 (C) the defendant was under unusual and substantial duress, but the

35 duress was not sufficient to be a defense to prosecution;

36 (D) the defendant was a principal (as defined in section 2(a) of title

37 18) in a violation committed by another individual, but the participa38 tion of the defendant was relatively minor, although not sufficiently

39 minor to be a defense to prosecution; or
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1 (E) the defendant reasonably could not have foreseen that the con2 duct of the defendant in the violation would cause or create a grave

3 risk of causing death to another individual.

4 (2) If none of the factors specified in paragraph (1) of this subsection

5 exists, the judge shall impose the death penalty on the defendant if the jury

6 or, if there is no jury, the judge finds under this section that—

7 (A) the death of another individual resulted from the violation after

8 the defendant had seized or exercised control of the aircraft; or

9 (B) the death of another individual resulted from the violation and—

10 (i) the defendant has been convicted of another United States

11 or State offense (committed before or at the time of the violation)

12 for which punishment of life imprisonment or death could be

13 imposed;

14 (ii) the defendant has been convicted of at least 2 United States

15 or State offenses with a penalty of more than one year of impris16 onment (committed on different occasions before the time of the

17 violation) that involved inflicting serious bodily injury on another

18 individual;

19 (iii) in committing the violation, the defendant knowingly cre20 ated a grave risk of death to an individual in addition to the indi21 vidual whose death resulted from the violation; or

22 (iv) the defendant committed the violation in an especially hei23 nous, cruel, or depraved manner.

24 (d) DEATH PENALTY REQUIREMENTS.—(1) If the jury or, if there is no

25 jury, the judge finds by a preponderance of the information that none of

26 the mitigating factors specified in subsection (c)(1) of this section exists and

27 that at least one of the aggravating factors specified in subsection (c)(2)

28 of this section exists, the judge shall impose the death penalty on the de29 fendant. If the jury or judge finds that at least one of the mitigating factors

30 specified in subsection (c)(1) exists, or that none of the aggravating factors

31 specified in subsection (c)(2) exists, the judge may not impose the death

32 penalty on the defendant but shall impose another penalty provided for the

33 defendant’s violation of section 46502 of this title.

34 (2) The jury or, if there is no jury, the judge shall return a special verdict

35 containing findings on whether each of the factors specified in subsection

36 (c) of this section exists.

37 § 46504. Interference with flight crew members and attend38 ants

39 An individual on an aircraft in the special aircraft jurisdiction of the

40 United States who, by assaulting or intimidating a flight crew member or

41 flight attendant of the aircraft, interferes with the performance of the duties
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1 of the member or attendant or lessens the ability of the member or attend2 ant to perform those duties, shall be fined under title 18, imprisoned for

3 not more than 20 years, or both. However, if a dangerous weapon is used

4 in assaulting or intimidating the member or attendant, the individual shall

5 be imprisoned for any term of years or for life.

6 § 46505. Carrying a weapon or explosive on an aircraft

7 (a) DEFINITION.—In this section, ‘‘loaded firearm’’ means a starter gun

8 or a weapon designed or converted to expel a projectile through an explosive,

9 that has a cartridge, a detonator, or powder in the chamber, magazine, cyl10 inder, or clip.

11 (b) GENERAL CRIMINAL PENALTY.—An individual shall be fined under

12 title 18, imprisoned for not more than one year, or both, if the individual—

13 (1) when on, or attempting to get on, an aircraft in, or intended for

14 operation in, air transportation or intrastate air transportation, has on

15 or about the individual or the property of the individual a concealed

16 dangerous weapon that is or would be accessible to the individual in

17 flight;

18 (2) has placed, attempted to place, or attempted to have placed a

19 loaded firearm on that aircraft in property not accessible to passengers

20 in flight; or

21 (3) has on or about the individual, or has placed, attempted to place,

22 or attempted to have placed on that aircraft, an explosive or incendiary

23 device.

24 (c) CRIMINAL PENALTY INVOLVING DISREGARD FOR HUMAN LIFE.—An

25 individual who willfully and without regard for the safety of human life, or

26 with reckless disregard for the safety of human life, violates subsection (b)

27 of this section, shall be fined under title 18, imprisoned for not more than

28 5 years, or both.

29 (d) NONAPPLICATION.—Subsection (b)(1) of this section does not apply

30 to—

31 (1) a law enforcement officer of a State or political subdivision of

32 a State, or an officer or employee of the United States Government,

33 authorized to carry arms in an official capacity;

34 (2) another individual the Administrator of the Federal Aviation Ad35 ministration by regulation authorizes to carry a dangerous weapon in

36 air transportation or intrastate air transportation; or

37 (3) an individual transporting a weapon (except a loaded firearm) in

38 baggage not accessible to a passenger in flight if the air carrier was

39 informed of the presence of the weapon.
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1 § 46506. Application of certain criminal laws to acts on air2 craft

3 An individual on an aircraft in the special aircraft jurisdiction of the

4 United States who commits an act that—

5 (1) if committed in the special maritime and territorial jurisdiction

6 of the United States (as defined in section 7 of title 18) would violate

7 section 113, 114, 661, 662, 1111, 1112, 1113, or 2111 or chapter

8 109A of title 18, shall be fined under title 18, imprisoned under that

9 section or chapter, or both; or

10 (2) if committed in the District of Columbia would violate section 9

11 of the Act of July 29, 1892 (D.C. Code § 22-1112), shall be fined

12 under title 18, imprisoned under section 9 of the Act, or both.

13 § 46507. False information and threats

14 An individual shall be fined under title 18, imprisoned for not more than

15 5 years, or both, if the individual—

16 (1) knowing the information to be false, willfully and maliciously or

17 with reckless disregard for the safety of human life, gives, or causes

18 to be given, under circumstances in which the information reasonably

19 may be believed, false information about an alleged attempt being made

20 or to be made to do an act that would violate section 46502(a), 46504,

21 46505, or 46506 of this title; or

22 (2)(A) threatens to violate section 46502(a), 46504, 46505, or

23 46506 of this title, or causes a threat to violate any of those sections

24 to be made; and

25 (B) has the apparent determination and will to carry out the threat.

26 PART B—AIRPORT DEVELOPMENT AND NOISE

27 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.
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47121. Records and audits.

47122. Administrative.

47123. Nondiscrimination.

47124. Agreements for State and local operation of airport facilities.

47125. Conveyances of United States Government land.

47126. Criminal penalties for false statements.

47127. Ground transportation demonstration projects.

47128. State block grant pilot program.

47129. Annual report.

SUBCHAPTER II—SURPLUS PROPERTY FOR PUBLIC AIRPORTS

47151. Authority to transfer an interest in surplus property.

47152. Terms of gifts.

47153. Waiving and adding terms.

1 SUBCHAPTER I—AIRPORT IMPROVEMENT

2 § 47101. Policies

3 (a) GENERAL.—It is the policy of the United States—

4 (1) that the safe operation of the airport and airway system is the

5 highest aviation priority;

6 (2) that aviation facilities be constructed and operated to minimize

7 current and projected noise impact on nearby communities;

8 (3) to give special emphasis to developing reliever airports;

9 (4) that appropriate provisions should be made to make the develop10 ment and enhancement of cargo hub airports easier;

11 (5) to encourage the development of transportation systems that use

12 various modes of transportation in a way that will serve the States and

13 local communities efficiently and effectively;

14 (6) that airport development projects under this subchapter provide

15 for the protection and enhancement of natural resources and the qual16 ity of the environment of the United States;

17 (7) that airport construction and improvement projects that increase

18 the capacity of facilities to accommodate passenger and cargo traffic

19 be undertaken to the maximum feasible extent so that safety and effi20 ciency increase and delays decrease;

21 (8) to ensure that nonaviation usage of the navigable airspace be ac22 commodated but not allowed to decrease the safety and capacity of the

23 airspace and airport system;

24 (9) that artificial restrictions on airport capacity—

25 (A) are not in the public interest;

26 (B) should be imposed to alleviate air traffic delays only after

27 other reasonably available and less burdensome alternatives have

28 been tried; and

29 (C) should not discriminate unjustly between categories and

30 classes of aircraft; and

31 (10) that special emphasis should be placed on converting appro32 priate former military air bases to civil use and identifying and improv33 ing additional joint-use facilities.
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1 (b) NATIONAL TRANSPORTATION POLICY.—(1) It is a goal of the United

2 States to develop a national intermodal transportation system that trans3 ports passengers and property in an efficient manner. The future economic

4 direction of the United States depends on its ability to confront directly the

5 enormous challenges of the global economy, declining productivity growth,

6 energy vulnerability, air pollution, and the need to rebuild the infrastructure

7 of the United States.

8 (2) United States leadership in the world economy, the expanding wealth

9 of the United States, the competitiveness of the industry of the United

10 States, the standard of living, and the quality of life are at stake.

11 (3) A national intermodal transportation system is a coordinated, flexible

12 network of diverse but complementary forms of transportation that trans13 ports passengers and property in the most efficient manner. By reducing

14 transportation costs, these intermodal systems will enhance the ability of the

15 industry of the United States to compete in the global marketplace.

16 (4) All forms of transportation, including aviation and other transpor17 tation systems of the future, will be full partners in the effort to reduce

18 energy consumption and air pollution while promoting economic develop19 ment.

20 (5) An intermodal transportation system consists of transportation hubs

21 that connect different forms of appropriate transportation and provides

22 users with the most efficient means of transportation and with access to

23 commercial centers, business locations, population centers, and the vast

24 rural areas of the United States, as well as providing links to other forms

25 of transportation and to intercity connections.

26 (6) Intermodality and flexibility are paramount issues in the process of

27 developing an integrated system that will obtain the optimum yield of Unit28 ed States resources.

29 (7) The United States transportation infrastructure must be reshaped to

30 provide the economic underpinnings for the United States to compete in the

31 21st century global economy. The United States can no longer rely on the

32 sheer size of its economy to dominate international economic rivals and

33 must recognize fully that its economy is no longer a separate entity but is

34 part of the global marketplace. The future economic prosperity of the Unit35 ed States depends on its ability to compete in an international marketplace

36 that is teeming with competitors but in which a full one-quarter of the eco37 nomic activity of the United States takes place.

38 (8) The United States must make a national commitment to rebuild its

39 infrastructure through development of a national intermodal transportation

40 system. The United States must provide the foundation for its industries

41 to improve productivity and their ability to compete in the global economy
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1 with a system that will transport passengers and property in an efficient

2 manner.

3 (c) CAPACITY EXPANSION AND NOISE ABATEMENT.—It is in the public

4 interest to recognize the effects of airport capacity expansion projects on

5 aircraft noise. Efforts to increase capacity through any means can have an

6 impact on surrounding communities. Noncompatible land uses around air7 ports must be reduced and efforts to mitigate noise must be given a high

8 priority.

9 (d) CONSISTENCY WITH AIR COMMERCE AND SAFETY POLICIES.—Each

10 airport and airway program should be carried out consistently with section

11 40101(a), (b), (d), and (f) of this title to foster competition, prevent unfair

12 methods of competition in air transportation, maintain essential air trans13 portation, and prevent unjust and discriminatory practices, including as the

14 practices may be applied between categories and classes of aircraft.

15 (e) ADEQUACY OF NAVIGATION AIDS AND AIRPORT FACILITIES.—This

16 subchapter should be carried out to provide adequate navigation aids and

17 airport facilities for places at which scheduled commercial air service is pro18 vided. The facilities provided may include—

19 (1) reliever airports; and

20 (2) heliports designated by the Secretary of Transportation to relieve

21 congestion at commercial service airports by diverting aircraft pas22 sengers from fixed-wing aircraft to helicopter carriers.

23 (f) MAXIMUM USE OF SAFETY FACILITIES.—This subchapter should be

24 carried out consistently with a comprehensive airspace system plan, giving

25 highest priority to commercial service airports, to maximize the use of safety

26 facilities, including installing, operating, and maintaining, to the extent pos27 sible with available money and considering other safety needs—

28 (1) electronic or visual vertical guidance on each runway;

29 (2) grooving or friction treatment of each primary and secondary

30 runway;

31 (3) distance-to-go signs for each primary and secondary runway;

32 (4) a precision approach system, a vertical visual guidance system,

33 and a full approach light system for each primary runway;

34 (5) a nonprecision instrument approach for each secondary runway;

35 (6) runway end identifier lights on each runway that does not have

36 an approach light system;

37 (7) a surface movement radar system at each category III airport;

38 (8) a taxiway lighting and sign system;

39 (9) runway edge lighting and marking; and

40 (10) radar approach coverage for each airport terminal area.
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1 (g) COOPERATION.—To carry out the policy of subsection (a)(5) of this

2 section, the Secretary of Transportation shall cooperate with State and local

3 officials in developing airport plans and programs that are based on overall

4 transportation needs. The airport plans and programs shall be developed in

5 coordination with other transportation planning and considering comprehen6 sive long-range land-use plans and overall social, economic, environmental,

7 system performance, and energy conservation objectives. The process of de8 veloping airport plans and programs shall be continuing, cooperative, and

9 comprehensive to the degree appropriate to the complexity of the transpor10 tation problems.

11 (h) CONSULTATION.—To carry out the policy of subsection (a)(6) of this

12 section, the Secretary of Transportation shall consult with the Secretary of

13 the Interior and the Administrator of the Environmental Protection Agency

14 about any project included in a project grant application involving the loca15 tion of an airport or runway, or a major runway extension, that may have

16 a significant effect on—

17 (1) natural resources, including fish and wildlife;

18 (2) natural, scenic, and recreation assets;

19 (3) water and air quality; or

20 (4) another factor affecting the environment.

21 § 47102. Definitions

22 In this subchapter—

23 (1) ‘‘air carrier airport’’ means a public airport regularly served by—

24 (A) an air carrier certificated by the Secretary of Transpor25 tation under section 41102 of this title (except a charter air car26 rier); or

27 (B) at least one air carrier—

28 (i) operating under an exemption from section 41101(a)(1)

29 of this title that the Secretary grants; and

30 (ii) having at least 2,500 passenger boardings at the air31 port during the prior calendar year.

32 (2) ‘‘airport’’—

33 (A) means—

34 (i) an area of land or water used or intended to be used

35 for the landing and taking off of aircraft;

36 (ii) an appurtenant area used or intended to be used for

37 airport buildings or other airport facilities or rights of way;

38 and

39 (iii) airport buildings and facilities located in any of those

40 areas; and

41 (B) includes a heliport.
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1 (3) ‘‘airport development’’ means the following activities, if under2 taken by the sponsor, owner, or operator of a public-use airport:

3 (A) constructing, repairing, or improving a public-use airport,

4 including—

5 (i) removing, lowering, relocating, marking, and lighting an

6 airport hazard; and

7 (ii) preparing a plan or specification, including carrying out

8 a field investigation.

9 (B) acquiring for, or installing at, a public-use airport—

10 (i) a navigation aid or another aid (including a precision

11 approach system) used by aircraft for landing at or taking off

12 from the airport, including preparing the site as required by

13 the acquisition or installation;

14 (ii) safety or security equipment the Secretary requires by

15 regulation for, or approves as contributing significantly to,

16 the safety or security of individuals and property at the air17 port;

18 (iii) equipment to remove snow, to measure runway surface

19 friction, or for aviation-related weather reporting;

20 (iv) firefighting and rescue equipment at an airport that

21 serves scheduled passenger operations of air carrier aircraft

22 designed for more than 20 passenger seats;

23 (v) aircraft deicing equipment and structures (except air24 craft deicing fluids and storage facilities for the equipment

25 and fluids); and

26 (vi) interactive training systems.

27 (C) acquiring an interest in land or airspace, including land for

28 future airport development, that is needed—

29 (i) to carry out airport development described in subclause

30 (A) or (B) of this clause; or

31 (ii) to remove or mitigate an existing airport hazard or pre32 vent or limit the creation of a new airport hazard.

33 (D) acquiring land for, or constructing, a burn area training

34 structure on or off the airport to provide live fire drill training for

35 aircraft rescue and firefighting personnel required to receive the

36 training under regulations the Secretary prescribes, including

37 basic equipment and minimum structures to support the training

38 under standards the Administrator of the Federal Aviation Admin39 istration prescribes.

40 (E) relocating after December 31, 1991, an air traffic control

41 tower and any navigational aid (including radar) if the relocation
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1 is necessary to carry out a project approved by the Secretary

2 under this subchapter.

3 (F) constructing, reconstructing, repairing, or improving an air4 port, or purchasing capital equipment for an airport, if paid for

5 by a grant under this subchapter and necessary for compliance

6 with the responsibilities of the operator or owner of the airport

7 under the Americans with Disabilities Act of 1990 (42 U.S.C.

8 12101 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), and

9 the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),

10 except constructing or purchasing capital equipment that would

11 benefit primarily a revenue-producing area of the airport used by

12 a nonaeronautical business.

13 (G) acquiring land for, or work necessary to construct, a pad

14 suitable for deicing aircraft before takeoff at a commercial service

15 airport, including constructing or reconstructing paved areas,

16 drainage collection structures, treatment and discharge systems,

17 appropriate lighting, paved access for deicing vehicles and aircraft,

18 but not including acquiring aircraft deicing fluids or constructing

19 or reconstructing storage facilities for aircraft deicing equipment

20 or fluids.

21 (4) ‘‘airport hazard’’ means a structure or object of natural growth

22 located on or near a public-use airport, or a use of land near the air23 port, that obstructs or otherwise is hazardous to the landing or taking

24 off of aircraft at or from the airport.

25 (5) ‘‘airport planning’’ means planning as defined by regulations the

26 Secretary prescribes and includes integrated airport system planning.

27 (6) ‘‘amount made available under section 48103 of this title’’ means

28 the amount authorized for grants under section 48103 of this title as

29 reduced by any law enacted after September 3, 1982.

30 (7) ‘‘commercial service airport’’ means a public airport in a State

31 that the Secretary determines has at least 2,500 passenger boardings

32 each year and is receiving scheduled passenger aircraft service.

33 (8) ‘‘integrated airport system planning’’ means developing for plan34 ning purposes information and guidance to decide the extent, kind, lo35 cation, and timing of airport development needed in a specific area to

36 establish a viable, balanced, and integrated system of public-use air37 ports, including—

38 (A) identifying system needs;

39 (B) developing an estimate of systemwide development costs;
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1 (C) conducting studies, surveys, and other planning actions, in2 cluding those related to airport access, needed to decide which

3 aeronautical needs should be met by a system of airports; and

4 (D) standards prescribed by a State, except standards for safety

5 of approaches, for airport development at nonprimary public-use

6 airports.

7 (9) ‘‘landed weight’’ means the weight of aircraft transporting only

8 cargo in intrastate, interstate, and foreign air transportation, as the

9 Secretary determines under regulations the Secretary prescribes.

10 (10) ‘‘passenger boardings’’—

11 (A) means revenue passenger boardings on an aircraft in service

12 in air commerce as the Secretary determines under regulations the

13 Secretary prescribes; and

14 (B) includes passengers who continue on an aircraft in inter15 national flight that stops at an airport in the 48 contiguous

16 States, Alaska, or Hawaii for a nontraffic purpose.

17 (11) ‘‘primary airport’’ means a commercial service airport the Sec18 retary determines to have more than 10,000 passenger boardings each

19 year.

20 (12) ‘‘project’’ means a project, separate projects included in one

21 project grant application, or all projects to be undertaken at an airport

22 in a fiscal year, to achieve airport development or airport planning.

23 (13) ‘‘project cost’’ means a cost involved in carrying out a project.

24 (14) ‘‘project grant’’ means a grant of money the Secretary makes

25 to a sponsor to carry out at least one project.

26 (15) ‘‘public agency’’ means—

27 (A) a State or political subdivision of a State;

28 (B) a tax-supported organization; or

29 (C) an Indian tribe or pueblo.

30 (16) ‘‘public airport’’ means an airport used or intended to be used

31 for public purposes—

32 (A) that is under the control of a public agency; and

33 (B) of which the area used or intended to be used for the land34 ing, taking off, or surface maneuvering of aircraft is publicly

35 owned.

36 (17) ‘‘public-use airport’’ means—

37 (A) a public airport; or

38 (B) a privately-owned airport used or intended to be used for

39 public purposes that is—

40 (i) a reliever airport; or
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1 (ii) determined by the Secretary to have at least 2,500 pas2 senger boardings each year and to receive scheduled pas3 senger aircraft service.

4 (18) ‘‘reliever airport’’ means an airport the Secretary designates to

5 relieve congestion at a commercial service airport and to provide more

6 general aviation access to the overall community.

7 (19) ‘‘sponsor’’ means—

8 (A) a public agency that submits to the Secretary under this

9 subchapter an application for financial assistance; and

10 (B) a private owner of a public-use airport that submits to the

11 Secretary under this subchapter an application for financial assist12 ance for the airport.

13 (20) ‘‘State’’ means a State of the United States, the District of Co14 lumbia, Puerto Rico, the Virgin Islands, American Samoa, the North15 ern Mariana Islands, the Trust Territory of the Pacific Islands, and

16 Guam.

17 § 47103. National plan of integrated airport systems

18 (a) GENERAL REQUIREMENTS AND CONSIDERATIONS.—The Secretary of

19 Transportation shall maintain the plan for developing public-use airports in

20 the United States, named ‘‘the national plan of integrated airport systems’’.

21 The plan shall include the kind and estimated cost of eligible airport devel22 opment the Secretary of Transportation considers necessary to provide a

23 safe, efficient, and integrated system of public-use airports adequate to an24 ticipate and meet the needs of civil aeronautics, to meet the national defense

25 requirements of the Secretary of Defense, and to meet identified needs of

26 the United States Postal Service. Airport development included in the plan

27 may not be limited to meeting the needs of any particular classes or cat28 egories of public-use airports. In maintaining the plan, the Secretary of

29 Transportation shall consider the needs of each segment of civil aviation and

30 the relationship of each airport to—

31 (1) the rest of the transportation system in the particular area;

32 (2) forecasted technological developments in aeronautics; and

33 (3) forecasted developments in other modes of intercity transpor34 tation.

35 (b) SPECIFIC REQUIREMENTS.—In maintaining the plan, the Secretary of

36 Transportation shall—

37 (1) to the extent possible and as appropriate, consult with depart38 ments, agencies, and instrumentalities of the United States Govern39 ment, with public agencies, and with the aviation community;

40 (2) consider tall structures that reduce safety or airport capacity;

41 and
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1 (3) make every reasonable effort to address the needs of air cargo

2 operations, Short Takeoff and Landing/Very Short Takeoff and Land3 ing aircraft operations, and rotary wing aircraft operations.

4 (c) AVAILABILITY OF DOMESTIC MILITARY AIRPORTS AND AIRPORT FA5 CILITIES.—To the extent possible, the Secretary of Defense shall make do6 mestic military airports and airport facilities available for civil use. In advis7 ing the Secretary of Transportation under subsection (a) of this section, the

8 Secretary of Defense shall indicate the extent to which domestic military

9 airports and airport facilities are available for civil use.

10 (d) PUBLICATION.—The Secretary of Transportation shall publish the

11 status of the plan every 2 years.

12 § 47104. Project grant authority

13 (a) GENERAL AUTHORITY.—To maintain a safe and efficient nationwide

14 system of public-use airports that meets the present and future needs of

15 civil aeronautics, the Secretary of Transportation may make project grants

16 under this subchapter from the Airport and Airway Trust Fund.

17 (b) INCURRING OBLIGATIONS.—The Secretary may incur obligations to

18 make grants from amounts made available under section 48103 of this title

19 as soon as the amounts are apportioned under section 47114(c) and (d)(2)

20 of this title.

21 (c) EXPIRATION OF AUTHORITY.—After September 30, 1993, the Sec22 retary may not incur obligations under subsection (b) of this section, except

23 for obligations of amounts remaining available after that date under section

24 47117(b) of this title.

25 § 47105. Project grant applications

26 (a) SUBMISSION AND CONSULTATION.—(1) An application for a project

27 grant under this subchapter may be submitted to the Secretary of Transpor28 tation by—

29 (A) a sponsor; or

30 (B) a State, as the only sponsor, for an airport development project

31 benefitting at least 2 airports in the State or for airport planning for

32 similar projects for at least 2 airports in the State if—

33 (i) the sponsor of each airport gives written consent that the

34 State be the applicant;

35 (ii) the Secretary is satisfied there is administrative merit and

36 aeronautical benefit in the State being the sponsor; and

37 (iii) an acceptable agreement exists that ensures that the State

38 will comply with appropriate grant conditions and other assur39 ances the Secretary requires.
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1 (2) Before deciding to undertake an airport development project at an

2 airport under this subchapter, a sponsor shall consult with the airport users

3 that will be affected by the project.

4 (3) This subsection does not authorize a public agency that is subject to

5 the laws of a State to apply for a project grant in violation of a law of the

6 State.

7 (b) CONTENTS AND FORM.—An application for a project grant under this

8 subchapter—

9 (1) shall describe the project proposed to be undertaken;

10 (2) may propose a project only for a public-use airport included in

11 the current national plan of integrated airport systems;

12 (3) may propose airport development only if the development com13 plies with standards the Secretary prescribes or approves, including

14 standards for site location, airport layout, site preparation, paving,

15 lighting, and safety of approaches; and

16 (4) shall be in the form and contain other information the Secretary

17 prescribes.

18 (c) STATE STANDARDS FOR AIRPORT DEVELOPMENT.—The Secretary

19 may approve standards (except standards for safety of approaches) that a

20 State prescribes for airport development at nonprimary public-use airports

21 in the State. On approval under this subsection, a State’s standards apply

22 to the nonprimary public-use airports in the State instead of the comparable

23 standards prescribed by the Secretary under subsection (b)(3) of this sec24 tion. The Secretary, or the State with the approval of the Secretary, may

25 revise standards approved under this subsection.

26 (d) CERTIFICATION OF COMPLIANCE.—The Secretary may require a

27 sponsor to certify that the sponsor will comply with this subchapter in car28 rying out the project. The Secretary may rescind the acceptance of a certifi29 cation at any time. This subsection does not affect an obligation or respon30 sibility of the Secretary under another law of the United States.

31 (e) NOTIFICATION.—The sponsor of an airport for which an amount is

32 apportioned under section 47114(c) of this title shall notify the Secretary

33 of the fiscal year in which the sponsor intends to submit a project grant

34 application for the apportioned amount. The notification shall be given by

35 the time and contain the information the Secretary prescribes.

36 § 47106. Project grant application approval conditioned on

37 satisfaction of project requirements

38 (a) PROJECT GRANT APPLICATION APPROVAL.—The Secretary of Trans39 portation may approve an application under this subchapter for a project

40 grant only if the Secretary is satisfied that—
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1 (1) the project is consistent with plans (existing at the time the

2 project is approved) of public agencies authorized by the State in which

3 the airport is located to plan for the development of the area surround4 ing the airport;

5 (2) the project will contribute to carrying out this subchapter;

6 (3) enough money is available to pay the project costs that will not

7 be paid by the United States Government under this subchapter;

8 (4) the project will be completed without unreasonable delay; and

9 (5) the sponsor has authority to carry out the project as proposed.

10 (b) AIRPORT DEVELOPMENT PROJECT GRANT APPLICATION AP11 PROVAL.—The Secretary may approve an application under this subchapter

12 for an airport development project grant for an airport only if the Secretary

13 is satisfied that—

14 (1) the sponsor, a public agency, or the Government holds good title

15 to the areas of the airport used or intended to be used for the landing,

16 taking off, or surface maneuvering of aircraft, or that good title will

17 be acquired;

18 (2) the interests of the community in or near which the project may

19 be located have been given fair consideration; and

20 (3) the application provides touchdown zone and centerline runway

21 lighting, high intensity runway lighting, or land necessary for installing

22 approach light systems that the Secretary, considering the category of

23 the airport and the kind and volume of traffic using it, decides is nec24 essary for safe and efficient use of the airport by aircraft.

25 (c) ENVIRONMENTAL REQUIREMENTS.—(1) The Secretary may approve

26 an application under this subchapter for an airport development project in27 volving the location of an airport or runway or a major runway extension—

28 (A) only if the sponsor certifies to the Secretary that—

29 (i) an opportunity for a public hearing was given to consider the

30 economic, social, and environmental effects of the location and the

31 location’s consistency with the objectives of any planning that the

32 community has carried out; and

33 (ii) the airport management board has voting representation

34 from the communities in which the project is located or has ad35 vised the communities that they have the right to petition the Sec36 retary about a proposed project;

37 (B) only if the chief executive officer of the State in which the

38 project will be located certifies in writing to the Secretary that there

39 is reasonable assurance that the project will be located, designed, con40 structed, and operated in compliance with applicable air and water

41 quality standards, except that the Administrator of the Environmental
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1 Protection Agency shall make the certification instead of the chief exec2 utive officer if—

3 (i) the State has not approved any applicable State or local

4 standards; and

5 (ii) the Administrator has prescribed applicable standards; and

6 (C) if the application is found to have a significant adverse effect

7 on natural resources, including fish and wildlife, natural, scenic, and

8 recreation assets, water and air quality, or another factor affecting the

9 environment, only after finding that no possible and prudent alternative

10 to the project exists and that every reasonable step has been taken to

11 minimize the adverse effect.

12 (2) The Secretary may approve an application under this subchapter for

13 an airport development project that does not involve the location of an air14 port or runway, or a major runway extension, at an existing airport without

15 requiring an environmental impact statement related to noise for the project

16 if—

17 (A) completing the project would allow operations at the airport in18 volving aircraft complying with the noise standards prescribed for

19 ‘‘stage 2’’ aircraft in section 36.1 of title 14, Code of Federal Regula20 tions, to replace existing operations involving aircraft that do not com21 ply with those standards; and

22 (B) the project meets the other requirements under this subchapter.

23 (3) At the Secretary’s request, the sponsor shall give the Secretary a copy

24 of the transcript of any hearing held under paragraph (1)(A) of this sub25 section.

26 (4)(A) Notice of certification or of refusal to certify under paragraph

27 (1)(B) of this subsection shall be provided to the Secretary not later than

28 60 days after the Secretary receives the application.

29 (B) The Secretary shall condition approval of the application on compli30 ance with the applicable standards during construction and operation.

31 (5) The Secretary may make a finding under paragraph (1)(C) of this

32 subsection only after completely reviewing the matter. The review and find33 ing must be a matter of public record.

34 (d) GENERAL AVIATION AIRPORT PROJECT GRANT APPLICATION AP35 PROVAL.—(1) In this subsection, ‘‘general aviation airport’’ means a public

36 airport that is not an air carrier airport.

37 (2) The Secretary may approve an application under this subchapter for

38 an airport development project included in a project grant application in39 volving the construction or extension of a runway at a general aviation air40 port located on both sides of a boundary line separating 2 counties within

41 a State only if, before the application is submitted to the Secretary, the
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1 project is approved by the governing body of each village incorporated under

2 the laws of the State and located entirely within 5 miles of the nearest

3 boundary of the airport.

4 (e) WITHHOLDING APPROVAL.—(1) The Secretary may withhold approval

5 of an application under this subchapter for amounts apportioned under sec6 tion 47114(c) and (e) of this title for violating an assurance or requirement

7 of this subchapter only if—

8 (A) the Secretary provides the sponsor an opportunity for a hearing;

9 and

10 (B) not later than 180 days after the later of the date of the applica11 tion or the date the Secretary discovers the noncompliance, the Sec12 retary finds that a violation has occurred.

13 (2) The 180-day period may be extended by—

14 (A) agreement between the Secretary and the sponsor; or

15 (B) the hearing officer if the officer decides an extension is necessary

16 because the sponsor did not follow the schedule the officer established.

17 (3) A person adversely affected by an order of the Secretary withholding

18 approval may obtain review of the order by filing a petition in the United

19 States Court of Appeals for the District of Columbia Circuit or in the court

20 of appeals of the United States for the circuit in which the project is lo21 cated. The action must be brought not later than 60 days after the order

22 is served on the petitioner.

23 § 47107. Project grant application approval conditioned on

24 assurances about airport operations

25 (a) GENERAL WRITTEN ASSURANCES.—The Secretary of Transportation

26 may approve a project grant application under this subchapter for an air27 port development project only if the Secretary receives written assurances,

28 satisfactory to the Secretary, that—

29 (1) the airport will be available for public use on reasonable condi30 tions and without unjust discrimination;

31 (2) air carriers making similar use of the airport will be subject to

32 substantially comparable charges—

33 (A) for facilities directly and substantially related to providing

34 air transportation; and

35 (B) regulations and conditions, except for differences based on

36 reasonable classifications, such as between—

37 (i) tenants and nontenants; and

38 (ii) signatory and nonsignatory carriers;

39 (3) the airport operator will not withhold unreasonably the classifica40 tion or status of tenant or signatory from an air carrier that assumes
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1 obligations substantially similar to those already imposed on air car2 riers of that classification or status;

3 (4) a person providing, or intending to provide, aeronautical services

4 to the public will not be given an exclusive right to use the airport,

5 with a right given to only one fixed-base operator to provide services

6 at an airport deemed not to be an exclusive right if—

7 (A) the right would be unreasonably costly, burdensome, or im8 practical for more than one fixed-base operator to provide the

9 services; and

10 (B) allowing more than one fixed-base operator to provide the

11 services would require reducing the space leased under an existing

12 agreement between the one fixed-base operator and the airport

13 owner or operator;

14 (5) fixed-base operators similarly using the airport will be subject to

15 the same charges;

16 (6) an air carrier using the airport may service itself or use any

17 fixed-base operator allowed by the airport operator to service any car18 rier at the airport;

19 (7) the airport and facilities on or connected with the airport will

20 be operated and maintained suitably, with consideration given to cli21 matic and flood conditions;

22 (8) a proposal to close the airport temporarily for a nonaeronautical

23 purpose must first be approved by the Secretary;

24 (9) appropriate action will be taken to ensure that terminal airspace

25 required to protect instrument and visual operations to the airport (in26 cluding operations at established minimum flight altitudes) will be

27 cleared and protected by mitigating existing, and preventing future,

28 airport hazards;

29 (10) appropriate action, including the adoption of zoning laws, has

30 been or will be taken to the extent reasonable to restrict the use of land

31 next to or near the airport to uses that are compatible with normal air32 port operations;

33 (11) each of the airport’s facilities developed with financial assist34 ance from the United States Government and each of the airport’s fa35 cilities usable for the landing and taking off of aircraft always will be

36 available without charge for use by Government aircraft in common

37 with other aircraft, except that if the use is substantial, the Govern38 ment may be charged a reasonable share, proportionate to the use, of

39 the cost of operating and maintaining the facility used;

40 (12) the airport owner or operator will provide, without charge to the

41 Government, property interests of the sponsor in land or water areas
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1 or buildings that the Secretary decides are desirable for, and that will

2 be used for, constructing at Government expense, facilities for carrying

3 out activities related to air traffic control or navigation;

4 (13) the airport owner or operator will maintain a schedule of

5 charges for use of facilities and services at the airport—

6 (A) that will make the airport as self-sustaining as possible

7 under the circumstances existing at the airport, including volume

8 of traffic and economy of collection; and

9 (B) without including in the rate base used for the charges the

10 Government’s share of costs for any project for which a grant is

11 made under this subchapter or was made under the Federal Air12 port Act or the Airport and Airway Development Act of 1970;

13 (14) the project accounts and records will be kept using a standard

14 system of accounting that the Secretary, after consulting with appro15 priate public agencies, prescribes;

16 (15) the airport owner or operator will submit any annual or special

17 airport financial and operations reports to the Secretary that the Sec18 retary reasonably requests;

19 (16) the airport owner or operator will maintain a current layout

20 plan of the airport that meets the following requirements:

21 (A) the plan will be in a form the Secretary prescribes;

22 (B) the Secretary will approve the plan and any revision or

23 modification before the plan, revision, or modification takes effect;

24 (C) the owner or operator will not make or allow any alteration

25 in the airport or any of its facilities if the alteration does not com26 ply with the plan the Secretary approves, and the Secretary is of

27 the opinion that the alteration may affect adversely the safety,

28 utility, or efficiency of the airport; and

29 (D) when an alteration in the airport or its facility is made that

30 does not conform to the approved plan and that the Secretary de31 cides adversely affects the safety, utility, or efficiency of any prop32 erty on or off the airport that is owned, leased, or financed by the

33 Government, the owner or operator, if requested by the Secretary,

34 will—

35 (i) eliminate the adverse effect in a way the Secretary ap36 proves; or

37 (ii) bear all cost of relocating the property or its replace38 ment to a site acceptable to the Secretary and of restoring

39 the property or its replacement to the level of safety, utility,

40 efficiency, and cost of operation that existed before the alter41 ation was made;
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1 (17) each contract and subcontract for program management, con2 struction management, planning studies, feasibility studies, architec3 tural services, preliminary engineering, design, engineering, surveying,

4 mapping, and related services will be awarded in the same way that

5 a contract for architectural and engineering services is negotiated

6 under title IX of the Federal Property and Administrative Services Act

7 of 1949 (40 U.S.C. 541 et seq.) or an equivalent qualifications-based

8 requirement prescribed for or by the sponsor; and

9 (18) the airport and each airport record will be available for inspec10 tion by the Secretary on reasonable request, and a report of the airport

11 budget will be available to the public at reasonable times and places.

12 (b) WRITTEN ASSURANCES ON USE OF REVENUE.—(1) The Secretary of

13 Transportation may approve a project grant application under this sub14 chapter for an airport development project only if the Secretary receives

15 written assurances, satisfactory to the Secretary, that local taxes on aviation

16 fuel (except taxes in effect on December 30, 1987) and the revenues gen17 erated by a public airport will be expended for the capital or operating costs

18 of—

19 (A) the airport;

20 (B) the local airport system; or

21 (C) other local facilities owned or operated by the airport owner or

22 operator and directly and substantially related to the air transportation

23 of passengers or property.

24 (2) Paragraph (1) of this subsection does not apply if a provision enacted

25 not later than September 2, 1982, in a law controlling financing by the air26 port owner or operator, or a covenant or assurance in a debt obligation is27 sued not later than September 2, 1982, by the owner or operator, provides

28 that the revenues, including local taxes on aviation fuel at public airports,

29 from any of the facilities of the owner or operator, including the airport,

30 be used to support not only the airport but also the general debt obligations

31 or other facilities of the owner or operator.

32 (3) This subsection does not prevent the use of a State tax on aviation

33 fuel to support a State aviation program or the use of airport revenue on

34 or off the airport for a noise mitigation purpose.

35 (c) WRITTEN ASSURANCES ON ACQUIRING LAND.—(1) In this subsection,

36 land is needed for an airport purpose (except a noise compatibility purpose)

37 if—

38 (A)(i) the land may be needed for an aeronautical purpose (including

39 runway protection zone) or serves as noise buffer land; and

40 (ii) revenue from interim uses of the land contributes to the financial

41 self-sufficiency of the airport; and
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1 (B) for land purchased with a grant the owner or operator received

2 not later than December 30, 1987, the Secretary of Transportation or

3 the department, agency, or instrumentality of the Government that

4 made the grant was notified by the owner or operator of the use of

5 the land and did not object to the use and the land is still being used

6 for that purpose.

7 (2) The Secretary of Transportation may approve an application under

8 this subchapter for an airport development project grant only if the Sec9 retary receives written assurances, satisfactory to the Secretary, that if an

10 airport owner or operator has received or will receive a grant for acquiring

11 land and—

12 (A) if the land was or will be acquired for a noise compatibility pur13 pose—

14 (i) the owner or operator will dispose of the land at fair market

15 value at the earliest practicable time after the land no longer is

16 needed for a noise compatibility purpose;

17 (ii) the disposition will be subject to retaining or reserving an

18 interest in the land necessary to ensure that the land will be used

19 in a way that is compatible with noise levels associated with oper20 ating the airport; and

21 (iii) the part of the proceeds from disposing of the land that is

22 proportional to the Government’s share of the cost of acquiring

23 the land will be paid to the Secretary for deposit in the Airport

24 and Airway Trust Fund established under section 9502 of the In25 ternal Revenue Code of 1986 (26 U.S.C. 9502) or, as the Sec26 retary prescribes, reinvested in an approved noise compatibility

27 project; or

28 (B) if the land was or will be acquired for an airport purpose (except

29 a noise compatibility purpose)—

30 (i) the owner or operator, when the land no longer is needed for

31 an airport purpose, will dispose of the land at fair market value

32 or make available to the Secretary an amount equal to the Govern33 ment’s proportional share of the fair market value;

34 (ii) the disposition will be subject to retaining or reserving an

35 interest in the land necessary to ensure that the land will be used

36 in a way that is compatible with noise levels associated with oper37 ating the airport; and

38 (iii) the part of the proceeds from disposing of the land that is

39 proportional to the Government’s share of the cost of acquiring

40 the land will be reinvested, on application to the Secretary, in an41 other eligible airport development project the Secretary approves
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1 under this subchapter or paid to the Secretary for deposit in the

2 Fund if another eligible project does not exist.

3 (3) Proceeds referred to in paragraph (2)(A)(iii) and (B)(iii) of this sub4 section and deposited in the Airport and Airway Trust Fund are available

5 as provided in subsection (f) of this section.

6 (d) ASSURANCES OF CONTINUATION AS PUBLIC-USE AIRPORT.—The

7 Secretary of Transportation may approve an application under this sub8 chapter for an airport development project grant for a privately owned pub9 lic-use airport only if the Secretary receives appropriate assurances that the

10 airport will continue to function as a public-use airport during the economic

11 life (that must be at least 10 years) of any facility at the airport that was

12 developed with Government financial assistance under this subchapter.

13 (e) WRITTEN ASSURANCES OF OPPORTUNITIES FOR SMALL BUSINESS

14 CONCERNS.—(1) The Secretary of Transportation may approve a project

15 grant application under this subchapter for an airport development project

16 only if the Secretary receives written assurances, satisfactory to the Sec17 retary, that the airport owner or operator will take necessary action to en18 sure, to the maximum extent practicable, that at least 10 percent of all

19 businesses at the airport selling consumer products or providing consumer

20 services to the public are small business concerns (as defined by regulations

21 of the Secretary) owned and controlled by a socially and economically dis22 advantaged individual (as defined in section 47113(a) of this title).

23 (2) An airport owner or operator may meet the percentage goal of para24 graph (1) of this subsection by including any business operated through a

25 management contract or subcontract. The dollar amount of a management

26 contract or subcontract with a disadvantaged business enterprise shall be

27 added to the total participation by disadvantaged business enterprises in

28 airport concessions and to the base from which the airport’s percentage goal

29 is calculated. The dollar amount of a management contract or subcontract

30 with a non-disadvantaged business enterprise and the gross revenue of busi31 ness activities to which the management contract or subcontract pertains

32 may not be added to this base.

33 (3) Except as provided in paragraph (4) of this subsection, an airport

34 owner or operator may meet the percentage goal of paragraph (1) of this

35 subsection by including the purchase from disadvantaged business enter36 prises of goods and services used in businesses conducted at the airport, but

37 the owner or operator and the businesses conducted at the airport shall

38 make good faith efforts to explore all available options to achieve, to the

39 maximum extent practicable, compliance with the goal through direct owner40 ship arrangements, including joint ventures and franchises.
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1 (4)(A) In complying with paragraph (1) of this subsection, an airport

2 owner or operator shall include the revenues of car rental firms at the air3 port in the base from which the percentage goal in paragraph (1) is cal4 culated.

5 (B) An airport owner or operator may require a car rental firm to meet

6 a requirement under paragraph (1) of this subsection by purchasing or leas7 ing goods or services from a disadvantaged business enterprise. If an owner

8 or operator requires such a purchase or lease, a car rental firm shall be per9 mitted to meet the requirement by including purchases or leases of vehicles

10 from any vendor that qualifies as a small business concern owned and con11 trolled by a socially and economically disadvantaged individual.

12 (C) This subsection does not require a car rental firm to change its cor13 porate structure to provide for direct ownership arrangements to meet the

14 requirements of this subsection.

15 (5) This subsection does not preempt—

16 (A) a State or local law, regulation, or policy enacted by the govern17 ing body of an airport owner or operator; or

18 (B) the authority of a State or local government or airport owner

19 or operator to adopt or enforce a law, regulation, or policy related to

20 disadvantaged business enterprises.

21 (6) An airport owner or operator may provide opportunities for a small

22 business concern owned and controlled by a socially and economically dis23 advantaged individual to participate through direct contractual agreement

24 with that concern.

25 (7) An air carrier that provides passenger or property-carrying services

26 or another business that conducts aeronautical activities at an airport may

27 not be included in the percentage goal of paragraph (1) of this subsection

28 for participation of small business concerns at the airport.

29 (8) Not later than April 29, 1993, the Secretary of Transportation shall

30 prescribe regulations to carry out this subsection.

31 (f) AVAILABILITY OF AMOUNTS.—An amount deposited in the Airport

32 and Airway Trust Fund under—

33 (1) subsection (c)(2)(A)(iii) of this section is available to the Sec34 retary of Transportation to make a grant for airport development or

35 airport planning under section 47104 of this title;

36 (2) subsection (c)(2)(B)(iii) of this section is available to the Sec37 retary—

38 (A) to make a grant for a purpose described in section 47115(b)

39 of this title; and
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1 (B) for use under section 47114(d)(2) of this title at another

2 airport in the State in which the land was disposed of under sub3 section (c)(2)(B)(ii) of this section; and

4 (3) subsection (c)(2)(B)(iii) of this section is in addition to an

5 amount made available to the Secretary under section 48103 of this

6 title and not subject to apportionment under section 47114 of this title.

7 (g) ENSURING COMPLIANCE.—(1) To ensure compliance with this section,

8 the Secretary of Transportation—

9 (A) shall prescribe requirements for sponsors that the Secretary con10 siders necessary; and

11 (B) may make a contract with a public agency.

12 (2) The Secretary of Transportation may approve an application for a

13 project grant only if the Secretary is satisfied that the requirements pre14 scribed under paragraph (1)(A) of this subsection have been or will be met.

15 (h) MODIFYING ASSURANCES AND REQUIRING COMPLIANCE WITH ADDI16 TIONAL ASSURANCES.—Before modifying an assurance required of a person

17 receiving a grant under this subchapter and in effect after December 29,

18 1987, or to require compliance with an additional assurance from the per19 son, the Secretary of Transportation must—

20 (1) publish notice of the proposed modification in the Federal Reg21 ister; and

22 (2) provide an opportunity for comment on the proposal.

23 (i) RELIEF FROM OBLIGATION TO PROVIDE FREE SPACE.—When a

24 sponsor provides a property interest in a land or water area or a building

25 that the Secretary of Transportation uses to construct a facility at Govern26 ment expense, the Secretary may relieve the sponsor from an obligation in

27 a contract made under this chapter, the Airport and Airway Development

28 Act of 1970, or the Federal Airport Act to provide free space to the Govern29 ment in an airport building, to the extent the Secretary finds that the free

30 space no longer is needed to carry out activities related to air traffic control

31 or navigation.

32 (j) USE OF REVENUE IN HAWAII.—(1) In this subsection—

33 (A) ‘‘duty-free merchandise’’ and ‘‘duty-free sales enterprise’’ have

34 the same meanings given those terms in section 555(b)(8) of the Tariff

35 Act of 1930 (19 U.S.C. 1555(b)(8)).

36 (B) ‘‘highway’’ and ‘‘Federal-aid system’’ have the same meanings

37 given those terms in section 101(a) of title 23.

38 (2) Notwithstanding subsection (b)(1) of this section, Hawaii may use,

39 for a project for construction or reconstruction of a highway on a Federal40 aid system that is not more than 10 miles by road from an airport and that

41 will facilitate access to the airport, revenue from the sales at off-airport lo-
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1 cations in Hawaii of duty-free merchandise under a contract between Ha2 waii and a duty-free sales enterprise. However, the revenue resulting during

3 a Hawaiian fiscal year may be used only if the amount of the revenue, plus

4 amounts Hawaii receives in the fiscal year from all other sources for costs

5 Hawaii incurs for operating all airports it operates and for debt service re6 lated to capital projects for the airports (including interest and amortization

7 of principal costs), is more than 150 percent of the projected costs for the

8 fiscal year.

9 (3)(A) Revenue from sales referred to in paragraph (2) of this subsection

10 in a Hawaiian fiscal year that Hawaii may use may not be more than the

11 amount that is greater than 150 percent as determined under paragraph

12 (2).

13 (B) The maximum amount of revenue Hawaii may use under paragraph

14 (2) of this subsection is $250,000,000.

15 (4) If a fee imposed or collected for rent, landing, or service from an air16 craft operator by an airport operated by Hawaii is increased during the pe17 riod from May 4, 1990, through December 31, 1994, by more than the per18 centage change in the Consumer Price Index of All Urban Consumers for

19 Honolulu, Hawaii, that the Secretary of Labor publishes during that period

20 and if revenue derived from the fee increases because the fee increased, the

21 amount under paragraph (3)(B) of this subsection shall be reduced by the

22 amount of the projected revenue increase in the period less the part of the

23 increase attributable to changes in the Index in the period.

24 (5) Hawaii shall determine costs, revenue, and projected revenue in25 creases referred to in this subsection and shall submit the determinations

26 to the Secretary of Transportation. A determination is approved unless the

27 Secretary disapproves it not later than 30 days after it is submitted.

28 (6) Hawaii is not eligible for a grant under section 47115 of this title

29 in a fiscal year in which Hawaii uses under paragraph (2) of this subsection

30 revenue from sales referred to in paragraph (2). Hawaii shall repay

31 amounts it receives in a fiscal year under a grant it is not eligible to receive

32 because of this paragraph to the Secretary of Transportation for deposit in

33 the discretionary fund established under section 47115.

34 (7)(A) This subsection applies only to revenue from sales referred to in

35 paragraph (2) of this subsection from May 5, 1990, through December 30,

36 1994, and to amounts in the Airport Revenue Fund of Hawaii that are at37 tributable to revenue before May 4, 1990, on sales referred to in paragraph

38 (2).

39 (B) Revenue from sales referred to in paragraph (2) of this subsection

40 from May 5, 1990, through December 30, 1994, may be used under para-
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1 graph (2) in any Hawaiian fiscal year, including a Hawaiian fiscal year be2 ginning after December 31, 1994.

3 § 47108. Project grant agreements

4 (a) OFFER AND ACCEPTANCE.—On approving a project grant application

5 under this subchapter, the Secretary of Transportation shall offer the spon6 sor a grant to pay the United States Government’s share of the project

7 costs allowable under section 47110 of this title. The Secretary may impose

8 terms on the offer that the Secretary considers necessary to carry out this

9 subchapter and regulations prescribed under this subchapter. An offer shall

10 state the obligations to be assumed by the sponsor and the maximum

11 amount the Government will pay for the project from the amounts author12 ized under chapter 481 of this title (except sections 48102(e), 48106,

13 48107, and 48110). At the request of the sponsor, an offer of a grant for

14 a project that will not be completed in one fiscal year shall provide for the

15 obligation of amounts apportioned or to be apportioned to a sponsor under

16 section 47114(c) of this title for the fiscal years necessary to pay the Gov17 ernment’s share of the cost of the project. An offer that is accepted in writ18 ing by the sponsor is an agreement binding on the Government and the

19 sponsor. The Government may pay or be obligated to pay a project cost only

20 after a grant agreement for the project is signed.

21 (b) INCREASING GOVERNMENT’S SHARE UNDER THIS SUBCHAPTER OR

22 CHAPTER 475.—(1) When an offer has been accepted in writing, the

23 amount stated in the offer as the maximum amount the Government will

24 pay may be increased only as provided in paragraphs (2) and (3) of this

25 subsection.

26 (2)(A) For a project receiving assistance under a grant approved under

27 the Airport and Airway Improvement Act of 1982 before October 1, 1987,

28 the amount may be increased by not more than—

29 (i) 10 percent for an airport development project, except a project

30 for acquiring an interest in land; and

31 (ii) 50 percent of the total increase in allowable project costs attrib32 utable to acquiring an interest in land, based on current creditable ap33 praisals.

34 (B) An increase under subparagraph (A) of this paragraph may be paid

35 only from amounts the Government recovers from other grants made under

36 this subchapter.

37 (3) For a project receiving assistance under a grant approved under the

38 Act, this subchapter, or chapter 475 of this title after September 30, 1987,

39 the amount may be increased—

40 (A) for an airport development project, by not more than 15 percent;

41 and
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1 (B) for a grant after September 30, 1992, to acquire an interest in

2 land for an airport (except a primary airport), by not more than the

3 greater of the following, based on current creditable appraisals or a

4 court award in a condemnation proceeding:

5 (i) 15 percent; or

6 (ii) 25 percent of the total increase in allowable project costs

7 attributable to acquiring an interest in land.

8 (c) INCREASING GOVERNMENT’S SHARE UNDER AIRPORT AND AIRWAY

9 DEVELOPMENT ACT OF 1970.—For a project receiving assistance under a

10 grant made under the Airport and Airway Development Act of 1970, the

11 maximum amount the Government will pay may be increased by not more

12 than 10 percent. An increase under this subsection may be paid only from

13 amounts the Government recovers from other grants made under the Act.

14 (d) CHANGING WORKSCOPE.—With the consent of the sponsor, the Sec15 retary may amend a grant agreement made under this subchapter to change

16 the workscope of a project financed under the grant if the amendment does

17 not result in an increase in the maximum amount the Government may pay

18 under subsection (b) of this section.

19 § 47109. United States Government’s share of project costs

20 (a) GENERAL.—Except as provided in subsections (b) and (c) of this sec21 tion, the United States Government’s share of allowable project costs is—

22 (1) 75 percent for a project at a primary airport having at least .25

23 percent of the total number of passenger boardings each year at all

24 commercial service airports; and

25 (2) 90 percent for a project at any other airport.

26 (b) INCREASED GOVERNMENT SHARE.—If, under subsection (a) of this

27 section, the Government’s share of allowable costs of a project in a State

28 containing unappropriated and unreserved public lands and nontaxable In29 dian lands (individual and tribal) of more than 5 percent of the total area

30 of all lands in the State, is less than the share applied on June 30, 1975,

31 under section 17(b) of the Airport and Airway Development Act of 1970,

32 the Government’s share under subsection (a) of this section shall be in33 creased by the lesser of—

34 (1) 25 percent;

35 (2) one-half of the percentage that the area of unappropriated and

36 unreserved public lands and nontaxable Indian lands in the State is of

37 the total area of the State; or

38 (3) the percentage necessary to increase the Government’s share to

39 the percentage that applied on June 30, 1975, under section 17(b) of

40 the Act.
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1 (c) LIMITATION.—Notwithstanding subsections (a) and (b) of this section,

2 the Government’s share of project costs allowable under section 47110(d)

3 of this title may not be more than 75 percent, except that the Government’s

4 share shall be 85 percent for a project at a commercial service airport that

5 does not have more than .05 percent of the total annual passenger

6 boardings in the United States.

7 § 47110. Allowable project costs

8 (a) GENERAL AUTHORITY.—Except as provided in section 47111 of this

9 title, the United States Government may pay or be obligated to pay, from

10 amounts appropriated to carry out this subchapter, a cost incurred in carry11 ing out a project under this subchapter only if the Secretary of Transpor12 tation decides the cost is allowable.

13 (b) ALLOWABLE COST STANDARDS.—A project cost is allowable—

14 (1) if the cost necessarily is incurred in carrying out the project in

15 compliance with the grant agreement made for the project under this

16 subchapter, including any cost a sponsor incurs related to an audit the

17 Secretary requires under section 47121(b) or (d) of this title;

18 (2) if the cost is incurred—

19 (A) after the grant agreement is executed and is for airport de20 velopment or airport planning carried out after the grant agree21 ment is executed; or

22 (B) after June 1, 1989, by the airport operator (regardless of

23 when the grant agreement is executed) as part of a Government24 approved noise compatibility program (including project formula25 tion costs) and is consistent with all applicable statutory and ad26 ministrative requirements;

27 (3) to the extent the cost is reasonable in amount;

28 (4) if the cost is not incurred in a project for airport development

29 or airport planning for which other Government assistance has been

30 granted; and

31 (5) if the total costs allowed for the project are not more than the

32 amount stated in the grant agreement as the maximum the Govern33 ment will pay (except as provided in section 47108(b) of this title).

34 (c) CERTAIN PRIOR COSTS AS ALLOWABLE COSTS.—The Secretary may

35 decide that a project cost under subsection (b)(2)(A) of this section incurred

36 after May 13, 1946, and before the date the grant agreement is executed

37 is allowable if it is—

38 (1) necessarily incurred in formulating an airport development

39 project, including costs incurred for field surveys, plans and specifica40 tions, property interests in land or airspace, and administration or
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1 other incidental items that would not have been incurred except for the

2 project; or

3 (2) necessarily and directly incurred in developing the work scope of

4 an airport planning project.

5 (d) TERMINAL DEVELOPMENT COSTS.—(1) The Secretary may decide

6 that the cost of terminal development (including multi-modal terminal devel7 opment) in a nonrevenue-producing public-use area of a commercial service

8 airport is allowable for an airport development project at the airport—

9 (A) if the sponsor certifies that the airport, on the date the grant

10 application is submitted to the Secretary, has—

11 (i) all the safety equipment required for certification of the air12 port under section 44706 of this title;

13 (ii) all the security equipment required by regulation; and

14 (iii) provided for access, to the area of the airport for pas15 sengers for boarding or exiting aircraft, to those passengers board16 ing or exiting aircraft, except air carrier aircraft;

17 (B) if the cost is directly related to moving passengers and baggage

18 in air commerce within the airport, including vehicles for moving pas19 sengers between terminal facilities and between terminal facilities and

20 aircraft; and

21 (C) under terms necessary to protect the interests of the Govern22 ment.

23 (2) In making a decision under paragraph (1) of this subsection, the Sec24 retary may approve as allowable costs the expenses of terminal development

25 in a revenue-producing area and construction, reconstruction, repair, and

26 improvement in a nonrevenue-producing parking lot if—

27 (A) the airport does not have more than .05 percent of the total an28 nual passenger boardings in the United States; and

29 (B) the sponsor certifies that any needed airport development project

30 affecting safety, security, or capacity will not be deferred because of

31 the Secretary’s approval.

32 (e) LETTERS OF INTENT.—(1) The Secretary may issue a letter of intent

33 to the sponsor stating an intention to obligate from future budget authority

34 an amount, not more than the Government’s share of allowable project

35 costs, for an airport development project (including costs of formulating the

36 project) at a primary or reliever airport. The letter shall establish a schedule

37 under which the Secretary will reimburse the sponsor for the Government’s

38 share of allowable project costs, as amounts become available, if the spon39 sor, after the Secretary issues the letter, carries out the project without re40 ceiving amounts under this subchapter.

41 (2) Paragraph (1) of this subsection applies to a project—
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1 (A) about which the sponsor notifies the Secretary, before the project

2 begins, of the sponsor’s intent to carry out the project;

3 (B) that will comply with all statutory and administrative require4 ments that would apply to the project if it were carried out with

5 amounts made available under this subchapter; and

6 (C) the Secretary decides will enhance system-wide airport capacity

7 significantly and meets the criteria of section 47115(d) of this title.

8 (3) A letter of intent issued under paragraph (1) of this subsection is not

9 an obligation of the Government under section 1501 of title 31, and the let10 ter is not deemed to be an administrative commitment for financing. An ob11 ligation or administrative commitment may be made only as amounts are

12 provided in authorization and appropriation laws.

13 (4) The total estimated amount of future Government obligations covered

14 by all outstanding letters of intent under paragraph (1) of this subsection

15 may not be more than the amount authorized to carry out section 48103

16 of this title, less an amount reasonably estimated by the Secretary to be

17 needed for grants under section 48103 that are not covered by a letter.

18 (5) A letter of intent issued under paragraph (1) of this subsection may

19 not condition the obligation of amounts on the imposition of a passenger

20 facility fee.

21 (f) NONALLOWABLE COSTS.—Except as provided in subsection (d) of this

22 section and section 47118(f) of this title, a cost is not an allowable airport

23 development project cost if it is for—

24 (1) constructing a public parking facility for passenger automobiles;

25 (2) constructing, altering, or repairing part of an airport building,

26 except to the extent the building will be used for facilities or activities

27 directly related to the safety of individuals at the airport;

28 (3) decorative landscaping; or

29 (4) providing or installing sculpture or art works.

30 § 47111. Payments under project grant agreements

31 (a) GENERAL AUTHORITY.—After making a project grant agreement

32 under this subchapter and consulting with the sponsor, the Secretary of

33 Transportation may decide when and in what amounts payments under the

34 agreement will be made. Payments totaling not more than 90 percent of the

35 United States Government’s share of the project’s estimated allowable costs

36 may be made before the project is completed if the sponsor certifies to the

37 Secretary that the total amount expended from the advance payments at

38 any time will not be more than the cost of the airport development work

39 completed on the project at that time.

40 (b) RECOVERING PAYMENTS.—If the Secretary determines that the total

41 amount of payments made under a grant agreement under this subchapter
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1 is more than the Government’s share of the total allowable project costs,

2 the Government may recover the excess amount. If the Secretary finds that

3 a project for which an advance payment was made has not been completed

4 within a reasonable time, the Government may recover any part of the ad5 vance payment for which the Government received no benefit.

6 (c) PAYMENT DEPOSITS.—A payment under a project grant agreement

7 under this subchapter may be made only to an official or depository des8 ignated by the sponsor and authorized by law to receive public money.

9 (d) WITHHOLDING PAYMENTS.—(1) The Secretary may withhold a pay10 ment under a grant agreement under this subchapter for more than 180

11 days after the payment is due only if the Secretary—

12 (A) notifies the sponsor and provides an opportunity for a hearing;

13 and

14 (B) finds that the sponsor has violated the agreement.

15 (2) The 180-day period may be extended by—

16 (A) agreement of the Secretary and the sponsor; or

17 (B) the hearing officer if the officer decides an extension is necessary

18 because the sponsor did not follow the schedule the officer established.

19 (3) A person adversely affected by an order of the Secretary withholding

20 a payment may apply for review of the order by filing a petition in the Unit21 ed States Court of Appeals for the District of Columbia Circuit or in the

22 court of appeals of the United States for the circuit in which the project

23 is located. The petition must be filed not later than 60 days after the order

24 is served on the petitioner.

25 § 47112. Carrying out airport development projects

26 (a) CONSTRUCTION WORK.—The Secretary of Transportation may in27 spect and approve construction work for an airport development project car28 ried out under a grant agreement under this subchapter. The construction

29 work must be carried out in compliance with regulations the Secretary pre30 scribes. The regulations shall require the sponsor to make necessary cost

31 and progress reports on the project. The regulations may amend or modify

32 a contract related to the project only if the contract was made with actual

33 notice of the regulations.

34 (b) PREVAILING WAGES.—A contract for more than $2,000 involving

35 labor for an airport development project carried out under a grant agree36 ment under this subchapter must require contractors to pay labor minimum

37 wage rates as determined by the Secretary of Labor under the Act of March

38 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5). The

39 minimum rates must be included in the bids for the work and in the invita40 tion for those bids.

41 (c) VETERANS’ PREFERENCE.—(1) In this subsection—
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1 (A) ‘‘disabled veteran’’ has the same meaning given that term in sec2 tion 2108 of title 5.

3 (B) ‘‘Vietnam-era veteran’’ means an individual who served on active

4 duty (as defined in section 101 of title 38) in the armed forces for

5 more than 180 consecutive days, any part of which occurred after Au6 gust 4, 1964, and before May 8, 1975, and who was separated from

7 the armed forces under honorable conditions.

8 (2) A contract involving labor for carrying out an airport development

9 project under a grant agreement under this subchapter must require that

10 preference in the employment of labor (except in executive, administrative,

11 and supervisory positions) be given to Vietnam-era veterans and disabled

12 veterans when they are available and qualified for the employment.

13 § 47113. Minority and disadvantaged business participation

14 (a) DEFINITIONS.—In this section—

15 (1) ‘‘small business concern’’—

16 (A) has the same meaning given that term in section 3 of the

17 Small Business Act (15 U.S.C. 632); but

18 (B) does not include a concern, or group of concerns controlled

19 by the same socially and economically disadvantaged individual,

20 that has average annual gross receipts over the prior 3 fiscal years

21 of more than $16,015,000, as adjusted by the Secretary of Trans22 portation for inflation.

23 (2) ‘‘socially and economically disadvantaged individual’’ has the

24 same meaning given that term in section 8(c) of the Act (15 U.S.C.

25 637(c)) and relevant subcontracting regulations prescribed under sec26 tion 8(c), except that women are presumed to be socially and economi27 cally disadvantaged.

28 (b) GENERAL REQUIREMENT.—Except to the extent the Secretary de29 cides otherwise, at least 10 percent of amounts available in a fiscal year

30 under section 48103 of this title shall be expended with small business con31 cerns owned and controlled by socially and economically disadvantaged indi32 viduals.

33 (c) UNIFORM CRITERIA.—The Secretary shall establish minimum uniform

34 criteria for State governments and airport sponsors to use in certifying

35 whether a small business concern qualifies under this section. The criteria

36 shall include on-site visits, personal interviews, licenses, analyses of stock

37 ownership and bonding capacity, listings of equipment and work completed,

38 resumes of principal owners, financial capacity, and type of work preferred.

39 (d) SURVEYS AND LISTS.—Each State or airport sponsor annually shall

40 survey and compile a list of small business concerns referred to in sub41 section (b) of this section and the location of each concern in the State.
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1 § 47114. Apportionments

2 (a) DEFINITION.—In this section, ‘‘amount subject to apportionment’’

3 means the amount newly made available under section 48103 of this title

4 for a fiscal year.

5 (b) APPORTIONMENT DATE.—On the first day of each fiscal year, the

6 Secretary of Transportation shall apportion the amount subject to appor7 tionment for that fiscal year as provided in this section.

8 (c) AMOUNTS APPORTIONED TO SPONSORS.—(1)(A) The Secretary shall

9 apportion to the sponsor of each primary airport for each fiscal year an

10 amount equal to—

11 (i) $7.80 for each of the first 50,000 passenger boardings at the air12 port during the prior calendar year;

13 (ii) $5.20 for each of the next 50,000 passenger boardings at the air14 port during the prior calendar year;

15 (iii) $2.60 for each of the next 400,000 passenger boardings at the

16 airport during the prior calendar year; and

17 (iv) $.65 for each additional passenger boarding at the airport dur18 ing the prior calendar year.

19 (B) Not less than $400,000 nor more than $22,000,000 may be appor20 tioned under subparagraph (A) of this paragraph to an airport sponsor for

21 a primary airport for each fiscal year.

22 (2)(A) The Secretary shall apportion to the sponsors of airports served

23 by aircraft providing air transportation of only cargo with a total annual

24 landed weight of more than 100,000,000 pounds for each fiscal year an

25 amount equal to 3.5 percent of the amount subject to apportionment each

26 year, allocated among those airports in the proportion that the total annual

27 landed weight of those aircraft landing at each of those airports bears to

28 the total annual landed weight of those aircraft landing at all those airports.

29 However, not more than 8 percent of the amount apportioned under this

30 paragraph may be apportioned for any one airport.

31 (B) Landed weight under subparagraph (A) of this paragraph is the land32 ed weight of aircraft landing at each of those airports and all those airports

33 during the prior calendar year.

34 (3) The total of all amounts apportioned under paragraphs (1) and (2)

35 of this subsection may not be more than 44 percent of the amount subject

36 to apportionment for a fiscal year. If this paragraph requires reduction of

37 an amount that otherwise would be apportioned under this subsection, the

38 Secretary shall reduce proportionately the amount apportioned to each spon39 sor of an airport under paragraphs (1) and (2) until the 44 percent limit

40 is achieved.

41 (d) AMOUNTS APPORTIONED TO STATES.—(1) In this subsection—
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1 (A) ‘‘area’’ includes land and water.

2 (B) ‘‘population’’ means the population stated in the latest decennial

3 census of the United States.

4 (2) The Secretary shall apportion to the States 12 percent of the amount

5 subject to apportionment for each fiscal year as follows:

6 (A) one percent of the apportioned amount to Guam, American

7 Samoa, the Northern Mariana Islands, the Trust Territory of the Pa8 cific Islands, and the Virgin Islands.

9 (B) except as provided in paragraph (3) of this subsection, 49.5 per10 cent of the apportioned amount for airports, except primary airports

11 and airports described in section 47117(e)(1)(C) of this title, in States

12 not named in clause (A) of this paragraph in the proportion that the

13 population of each of those States bears to the total population of all

14 of those States.

15 (C) except as provided in paragraph (3) of this subsection, 49.5 per16 cent of the apportioned amount for airports, except primary airports

17 and airports described in section 47117(e)(1)(C) of this title, in States

18 not named in clause (A) of this paragraph in the proportion that the

19 area of each of those States bears to the total area of all of those

20 States.

21 (3) An amount apportioned under paragraph (2) of this subsection for

22 an airport in—

23 (A) Alaska may be made available by the Secretary for a public air24 port described in section 47117(e)(1)(C)(ii) of this title to which sec25 tion 15(a)(3)(A)(II) of the Airport and Airway Development Act of

26 1970 applied during the fiscal year that ended September 30, 1981;

27 and

28 (B) Puerto Rico may be made available by the Secretary for a pri29 mary airport and an airport described in section 47117(e)(1)(C) of this

30 title.

31 (e) ALTERNATIVE APPORTIONMENT FOR ALASKA.—(1) Instead of appor32 tioning amounts for airports in Alaska under subsections (c) and (d) of this

33 section, the Secretary may apportion amounts for those airports in the way

34 in which amounts were apportioned in the fiscal year ending September 30,

35 1980, under section 15(a) of the Act. However, in apportioning amounts for

36 a fiscal year under this subsection, the Secretary shall apportion—

37 (A) for each primary airport at least as much as would be appor38 tioned for the airport under subsection (c)(1) of this section; and

39 (B) a total amount at least equal to the minimum amount required

40 to be apportioned to airports in Alaska in the fiscal year ending Sep41 tember 30, 1980, under section 15(a)(3)(A) of the Act.
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1 (2) This subsection does not prohibit the Secretary from making project

2 grants for airports in Alaska from the discretionary fund under section

3 47115 of this title.

4 (3) Airports referred to in this subsection include those public airports

5 that received scheduled service as of September 3, 1982, but were not ap6 portioned amounts in the fiscal year ending September 30, 1980, under sec7 tion 15(a) of the Act because the airports were not under the control of

8 a State or local public agency.

9 (f) REDUCING APPORTIONMENTS.—An amount that would be apportioned

10 under this section (except subsection (c)(2)) in a fiscal year to the sponsor

11 of an airport having at least .25 percent of the total number of boardings

12 each year in the United States and for which a fee is imposed in the fiscal

13 year under section 40117 of this title shall be reduced by an amount equal

14 to 50 percent of the projected revenues from the fee in the fiscal year but

15 not by more than 50 percent of the amount that otherwise would be appor16 tioned under this section.

17 § 47115. Discretionary fund

18 (a) EXISTENCE AND AMOUNTS IN FUND.—The Secretary of Transpor19 tation has a discretionary fund. The fund consists of—

20 (1) amounts subject to apportionment for a fiscal year that are not

21 apportioned under section 47114(c)–(e) of this title; and

22 (2) 25 percent of amounts not apportioned under section 47114 of

23 this title because of section 47114(f).

24 (b) AVAILABILITY OF AMOUNTS.—Subject to subsection (c) of this section

25 and section 47117(e) of this title, the fund is available for making grants

26 for any purpose for which amounts are made available under section 48103

27 of this title that the Secretary considers most appropriate to carry out this

28 subchapter. However, 50 percent of amounts not apportioned under section

29 47114 of this title because of section 47114(f) and added to the fund is

30 available for making grants for projects at small hub airports (as defined

31 in section 41731 of this title).

32 (c) MINIMUM PERCENTAGE FOR PRIMARY AND RELIEVER AIRPORTS.—

33 At least 75 percent of the amount in the fund and distributed by the Sec34 retary in a fiscal year shall be used for making grants—

35 (1) to preserve and enhance capacity, safety, and security at primary

36 and reliever airports; and

37 (2) to carry out airport noise compatibility planning and programs

38 at primary and reliever airports.

39 (d) CONSIDERATIONS.—In selecting a project for a grant to preserve and

40 enhance capacity as described in subsection (c)(1) of this section, the Sec41 retary shall consider—
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1 (1) the effect the project will have on the overall national air trans2 portation system capacity;

3 (2) the project benefit and cost; and

4 (3) the financial commitment from non-United States Government

5 sources to preserve or enhance airport capacity.

6 (e) WAIVING PERCENTAGE REQUIREMENT.—If the Secretary decides the

7 Secretary cannot comply with the percentage requirement of subsection (c)

8 of this section in a fiscal year because there are insufficient qualified grant

9 applications to meet that percentage, the amount the Secretary determines

10 will not be distributed as required by subsection (c) is available for obliga11 tion during the fiscal year without regard to the requirement.

12 § 47116. Small airport fund

13 (a) EXISTENCE AND AMOUNTS IN FUND.—The Secretary of Transpor14 tation has a small airport fund. The fund consists of 75 percent of amounts

15 not apportioned under section 47114 of this title because of section

16 47114(f).

17 (b) DISTRIBUTION OF AMOUNTS.—The Secretary may distribute amounts

18 in the fund in each fiscal year for any purpose for which amounts are made

19 available under section 48103 of this title as follows:

20 (1) one-third for grants to sponsors of public-use airports (except

21 commercial service airports).

22 (2) two-thirds for grants to sponsors of each commercial service air23 port that each year has less than .05 percent of the total boardings

24 in the United States in that year.

25 (c) AUTHORITY TO RECEIVE GRANT NOT DEPENDENT ON PARTICIPA26 TION IN BLOCK GRANT PILOT PROGRAM.—An airport in a State participat27 ing in the State block grant pilot program under section 47128 of this title

28 may receive a grant under this section to the same extent the airport may

29 receive a grant if the State were not participating in the program.

30 § 47117. Use of apportioned amounts

31 (a) GRANT PURPOSE.—Except as provided in this section, an amount ap32 portioned under section 47114(c)(1) or (d)(2) of this title is available for

33 making grants for any purpose for which amounts are made available under

34 section 48103 of this title.

35 (b) PERIOD OF AVAILABILITY.—An amount apportioned under section

36 47114 of this title is available to be obligated for grants under the appor37 tionment only during the fiscal year for which the amount was apportioned

38 and the 2 fiscal years immediately after that year. If the amount is not obli39 gated under the apportionment within that time, it shall be added to the

40 discretionary fund.
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1 (c) PRIMARY AIRPORTS.—(1) An amount apportioned to a sponsor of a

2 primary airport under section 47114(c)(1) of this title is available for grants

3 for any public-use airport of the sponsor included in the national plan of

4 integrated airport systems.

5 (2) A sponsor of a primary airport may make an agreement with the Sec6 retary of Transportation waiving any part of the amount apportioned for

7 the airport under section 47114(c)(1) of this title if the Secretary makes

8 the waived amount available for a grant for another public-use airport in

9 the same State or geographical area as the primary airport.

10 (d) STATE USE.—An amount apportioned to a State under—

11 (1) section 47114(d)(2)(A) of this title is available for grants for air12 ports located in the State; and

13 (2) section 47114(d)(2)(B) or (C) of this title is available for grants

14 for airports described in section 47114(d)(2)(B) or (C) and located in

15 the State.

16 (e) SPECIAL APPORTIONMENT CATEGORIES.—(1) The Secretary shall use

17 amounts made available under section 48103 of this title for each fiscal year

18 as follows:

19 (A) at least 10 percent for grants for reliever airports.

20 (B) at least 12.5 percent for grants for airport noise compatibility

21 planning under section 47505(a)(2) of this title and for carrying out

22 noise compatibility programs under section 47504(c)(1) of this title.

23 (C) at least 2.5 percent for grants for—

24 (i) nonprimary commercial service airports; and

25 (ii) public airports (except commercial service airports) that

26 were eligible for United States Government assistance from

27 amounts apportioned under section 15(a)(3) of the Airport and

28 Airway Development Act of 1970, and to which section

29 15(a)(3)(A)(I) or (II) of the Act applied during the fiscal year

30 that ended September 30, 1981.

31 (D) at least .5 percent for integrated airport system planning grants

32 to planning agencies designated by the Secretary and authorized by the

33 laws of a State or political subdivision of a State to do planning for

34 an area of the State or subdivision in which a grant under this chapter

35 is to be used.

36 (E) at least 2.25 percent for the fiscal year ending September 30,

37 1993, and at least 2.5 percent for each of the fiscal years ending Sep38 tember 30, 1994, and 1995, to sponsors of current or former military

39 airports designated by the Secretary under section 47118(a) of this

40 title for grants for developing current and former military airports to

41 improve the capacity of the national air transportation system.
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1 (2) A grant from the amount apportioned under section 47114(e) of this

2 title may not be included as part of the 2.5 percent required to be used

3 for grants under paragraph (1)(C) of this subsection.

4 (3) If the Secretary decides that an amount required to be used for

5 grants under paragraph (1) of this subsection cannot be used for a fiscal

6 year because there are insufficient qualified grant applications, the amount

7 the Secretary determines cannot be used is available during the fiscal year

8 for grants for other airports or for other purposes for which amounts are

9 authorized for grants under section 48103 of this title.

10 (f) LIMITATION FOR COMMERCIAL SERVICE AIRPORT IN ALASKA.—The

11 Secretary may not make a grant for a commercial service airport in Alaska

12 of more than 110 percent of the amount apportioned for the airport for a

13 fiscal year under section 47114(e) of this title.

14 (g) DISCRETIONARY USE OF APPORTIONMENTS.—(1) Subject to para15 graph (2) of this subsection, if the Secretary finds, based on the notices the

16 Secretary receives under section 47105(e) of this title or otherwise, that an

17 amount apportioned under section 47114 of this title will not be used for

18 grants during a fiscal year, the Secretary may use an equal amount for

19 grants during that fiscal year for any of the purposes for which amounts

20 are authorized for grants under section 48103 of this title.

21 (2) The Secretary may make a grant under paragraph (1) of this sub22 section only if the Secretary decides that—

23 (A) the total amount used for grants for the fiscal year under section

24 48103 of this title will not be more than the amount made available

25 under section 48103 for that fiscal year; and

26 (B) the amounts authorized for grants under section 48103 of this

27 title for later fiscal years are sufficient for grants of the apportioned

28 amounts that were not used for grants under the apportionment during

29 the fiscal year and that remain available under subsection (b) of this

30 section.

31 (h) LIMITING AUTHORITY OF SECRETARY.—The authority of the Sec32 retary to make grants during a fiscal year from amounts that were appor33 tioned for a prior fiscal year and remain available for approved airport de34 velopment project grants under subsection (b) of this section may be im35 paired only by a law enacted after September 3, 1982, that expressly limits

36 that authority.

37 § 47118. Designating current and former military airports

38 (a) GENERAL REQUIREMENTS.—The Secretary of Transportation shall

39 designate not more than 12 current or former military airports for which

40 grants may be made under section 47117(e)(1)(E) of this title.
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1 (b) SURVEY.—Not later than September 30, 1991, the Secretary shall

2 complete a survey of current and former military airports to identify which

3 airports have the greatest potential to improve the capacity of the national

4 air transportation system. The survey shall identify the capital development

5 needs of those airports to make them part of the system and which of those

6 qualify for grants under section 47104 of this title.

7 (c) CONSIDERATIONS.—In carrying out this section, the Secretary shall

8 consider only current or former military airports that, when at least partly

9 converted to civilian commercial or reliever airports as part of the national

10 air transportation system, will enhance airport and air traffic control system

11 capacity in major metropolitan areas and reduce current and projected

12 flight delays.

13 (d) GRANTS.—Grants under section 47117(e)(1)(E) of this title may be

14 made for an airport designated under subsection (a) of this section for the

15 5 fiscal years following the designation. If an airport does not have a level

16 of passengers getting on aircraft during that 5-year period that qualifies the

17 airport as a small hub airport (as defined on January 1, 1990) or reliever

18 airport, the Secretary may redesignate the airport for grants for additional

19 fiscal years that the Secretary decides.

20 (e) TERMINAL BUILDING FACILITIES.—Notwithstanding section 47109(c)

21 of this title, not more than $5,000,000 for each airport from amounts the

22 Secretary distributes under section 47115 of this title for a fiscal year is

23 available to the sponsor of a current or former military airport the Sec24 retary designates under this section to construct, improve, or repair a termi25 nal building facility, including terminal gates used for revenue passengers

26 getting on or off aircraft. A gate constructed, improved, or repaired under

27 this subsection—

28 (1) may not be leased for more than 10 years; and

29 (2) is not subject to majority in interest clauses.

30 (f) PARKING LOTS, FUEL FARMS, AND UTILITIES.—Not more than a

31 total of $4,000,000 for each airport from amounts the Secretary distributes

32 under section 47115 of this title for the fiscal years ending September 30,

33 1993–1995, is available to the sponsor of a current or former military air34 port the Secretary designates under this section to construct, improve, or

35 repair airport surface parking lots, fuel farms, and utilities.

36 § 47119. Terminal development costs

37 (a) REPAYING BORROWED MONEY.—An amount apportioned under sec38 tion 47114 of this title and made available to the sponsor of an air carrier

39 airport at which terminal development was carried out after June 30, 1970,

40 and before July 12, 1976, is available to repay immediately money borrowed

41 and used to pay the costs for terminal development at the airport, if those
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1 costs would be allowable project costs under section 47110(d) of this title

2 if they had been incurred after September 3, 1982. An amount is available

3 for a grant under this subsection—

4 (1) only if—

5 (A) the sponsor submits the certification required under section

6 47110(d) of this title;

7 (B) the Secretary of Transportation decides that using the

8 amount to repay the borrowed money will not defer an airport de9 velopment project outside the terminal area at that airport; and

10 (C) amounts available for airport development under this sub11 chapter will not be used for additional terminal development

12 projects at the airport for at least 3 years beginning on the date

13 the grant is used to repay the borrowed money; and

14 (2) subject to the limitations in subsection (b)(1) and (2) of this sec15 tion.

16 (b) AVAILABILITY OF AMOUNTS.—In a fiscal year, the Secretary may

17 make available—

18 (1) to a sponsor of a primary airport, any part of amounts appor19 tioned to the sponsor for the fiscal year under section 47114(c)(1) of

20 this title to pay project costs allowable under section 47110(d) of this

21 title;

22 (2) to a sponsor of a nonprimary commercial service airport, not

23 more than $200,000 of the amount that may be distributed for the fis24 cal year from the discretionary fund to pay project costs allowable

25 under section 47110(d) of this title; or

26 (3) not more than $25,000,000 to pay project costs allowable for the

27 fiscal year under section 47110(d) of this title for projects at commer28 cial service airports that were not eligible for assistance for terminal

29 development during the fiscal year ending September 30, 1980, under

30 section 20(b) of the Airport and Airway Development Act of 1970.

31 § 47120. Grant priority

32 In making a grant under this subchapter, the Secretary of Transportation

33 may give priority to a project that is consistent with an integrated airport

34 system plan.

35 § 47121. Records and audits

36 (a) RECORDS.—A sponsor shall keep the records the Secretary of Trans37 portation requires. The Secretary may require records—

38 (1) that disclose—

39 (A) the amount and disposition by the sponsor of the proceeds

40 of the grant;
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1 (B) the total cost of the plan or program for which the grant

2 is given or used; and

3 (C) the amounts and kinds of costs of the plan or program pro4 vided by other sources; and

5 (2) that make it easier to carry out an audit.

6 (b) AUDITS AND EXAMINATIONS.—The Secretary and the Comptroller

7 General may audit and examine records of a sponsor that are related to a

8 grant made under this subchapter.

9 (c) AUTHORITY OF COMPTROLLER GENERAL.—When an independent

10 audit is made of the accounts of a sponsor under this subchapter related

11 to the disposition of the proceeds of the grant or related to the plan or pro12 gram for which the grant was given or used, the sponsor shall submit a cer13 tified copy of the audit to the Comptroller General not more than 6 months

14 after the end of the fiscal year for which the audit was made. Not later

15 than April 15 of each year, the Comptroller General shall report to Con16 gress describing the results of each audit conducted or reviewed by the

17 Comptroller General under this section during the prior fiscal year. The

18 Comptroller General shall prescribe regulations necessary to carry out this

19 subsection.

20 (d) AUDIT REQUIREMENT.—The Secretary may require a sponsor to con21 duct an appropriate audit as a condition for receiving a grant under this

22 subchapter.

23 (e) ANNUAL REVIEW.—The Secretary shall review annually the record24 keeping and reporting requirements under this subchapter to ensure that

25 they are the minimum necessary to carry out this subchapter.

26 (f) WITHHOLDING INFORMATION FROM CONGRESS.—This section does

27 not authorize the Secretary or the Comptroller General to withhold informa28 tion from a committee of Congress authorized to have the information.

29 § 47122. Administrative

30 (a) GENERAL.—The Secretary of Transportation may take action the

31 Secretary considers necessary to carry out this subchapter, including con32 ducting investigations and public hearings, prescribing regulations and pro33 cedures, and issuing orders.

34 (b) CONDUCTING INVESTIGATIONS AND PUBLIC HEARINGS.—In conduct35 ing an investigation or public hearing under this subchapter, the Secretary

36 has the same authority the Secretary has under section 46104 of this title.

37 An action of the Secretary in exercising that authority is governed by the

38 procedures specified in section 46104 and shall be enforced as provided in

39 section 46104.
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1 § 47123. Nondiscrimination

2 The Secretary of Transportation shall take affirmative action to ensure

3 that an individual is not excluded because of race, creed, color, national ori4 gin, or sex from participating in an activity carried out with money received

5 under a grant under this subchapter. The Secretary shall prescribe regula6 tions necessary to carry out this section. The regulations shall be similar

7 to those in effect under title VI of the Civil Rights Act of 1964 (42 U.S.C.

8 2000d et seq.). This section is in addition to title VI of the Act.

9 § 47124. Agreements for State and local operation of airport

10 facilities

11 (a) GOVERNMENT RELIEF FROM LIABILITY.—The Secretary of Trans12 portation shall ensure that an agreement under this subchapter with a State

13 or a political subdivision of a State to allow the State or subdivision to oper14 ate an airport facility in the State or subdivision relieves the United States

15 Government from any liability arising out of, or related to, acts or omissions

16 of employees of the State or subdivision in operating the airport facility.

17 (b) AIR TRAFFIC CONTROL CONTRACT PROGRAM.—(1) The Secretary

18 shall continue the low activity (Visual Flight Rules) level I air traffic control

19 tower contract program established under subsection (a) of this section for

20 towers existing on December 30, 1987, and extend the program to other

21 towers as practicable.

22 (2) The Secretary may make a contract, on a sole source basis, with a

23 State or a political subdivision of a State to allow the State or subdivision

24 to operate an airport traffic control tower classified as a level I (Visual

25 Flight Rules) tower if the Secretary decides that the State or subdivision

26 has the capability to comply with the requirements of this paragraph. The

27 contract shall require that the State or subdivision comply with applicable

28 safety regulations in operating the facility and with applicable competition

29 requirements in making a subcontract to perform work to carry out the con30 tract.

31 § 47125. Conveyances of United States Government land

32 (a) CONVEYANCES TO PUBLIC AGENCIES.—Except as provided in sub33 section (b) of this section, the Secretary of Transportation shall request the

34 head of the department, agency, or instrumentality of the United States

35 Government owning or controlling land or airspace to convey a property in36 terest in the land or airspace to the public agency sponsoring the project

37 or owning or controlling the airport when necessary to carry out a project

38 under this subchapter at a public airport, to operate a public airport, or

39 for the future development of an airport under the national plan of inte40 grated airport systems. The head of the department, agency, or instrumen41 tality shall decide whether the requested conveyance is consistent with the
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1 needs of the department, agency, or instrumentality and shall notify the

2 Secretary of that decision not later than 4 months after receiving the re3 quest. If the head of the department, agency, or instrumentality decides

4 that the requested conveyance is consistent with its needs, the head of the

5 department, agency, or instrumentality, with the approval of the Attorney

6 General and without cost to the Government, shall make the conveyance.

7 A conveyance may be made only on the condition that the property interest

8 conveyed reverts to the Government, at the option of the Secretary, to the

9 extent it is not developed for an airport purpose or used consistently with

10 the conveyance.

11 (b) NONAPPLICATION.—Except as specifically provided by law, subsection

12 (a) of this section does not apply to land or airspace owned or controlled

13 by the Government within—

14 (1) a national park, national monument, national recreation area, or

15 similar area under the administration of the National Park Service;

16 (2) a unit of the National Wildlife Refuge System or similar area

17 under the jurisdiction of the United States Fish and Wildlife Service;

18 or

19 (3) a national forest or Indian reservation.

20 § 47126. Criminal penalties for false statements

21 A person (including an officer, agent, or employee of the United States

22 Government or a public agency) shall be fined under title 18, imprisoned

23 for not more than 5 years, or both, if the person, with intent to defraud

24 the Government, knowingly makes—

25 (1) a false statement about the kind, quantity, quality, or cost of the

26 material used or to be used, or the quantity, quality, or cost of work

27 performed or to be performed, in connection with the submission of a

28 plan, map, specification, contract, or estimate of project cost for a

29 project included in a grant application submitted to the Secretary of

30 Transportation for approval under this subchapter;

31 (2) a false statement or claim for work or material for a project in32 cluded in a grant application approved by the Secretary under this sub33 chapter; or

34 (3) a false statement in a report or certification required under this

35 subchapter.

36 § 47127. Ground transportation demonstration projects

37 (a) GENERAL AUTHORITY.—To improve the airport and airway system of

38 the United States consistent with regional airport system plans financed

39 under section 13(b) of the Airport and Airway Development Act of 1970,

40 the Secretary of Transportation may carry out ground transportation dem41 onstration projects to improve ground access to air carrier airport terminals.
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1 The Secretary may carry out a demonstration project independently or by

2 grant or contract, including an agreement with another department, agency,

3 or instrumentality of the United States Government.

4 (b) PRIORITY.—In carrying out this section, the Secretary shall give pri5 ority to a demonstration project that—

6 (1) affects an airport in an area with an operating regional rapid

7 transit system with existing facilities reasonably near the airport;

8 (2) includes connection of the airport terminal to that system;

9 (3) is consistent with and supports a regional airport system plan

10 adopted by the planning agency for the region and submitted to the

11 Secretary; and

12 (4) improves access to air transportation for individuals residing or

13 working in the region by encouraging the optimal balance of use of air14 ports in the region.

15 § 47128. State block grant pilot program

16 (a) GENERAL REQUIREMENTS.—The Secretary of Transportation shall

17 prescribe regulations to carry out a State block grant pilot program. The

18 regulations shall provide that the Secretary may designate not more than

19 7 qualified States to assume administrative responsibility for all airport

20 grant amounts available under this subchapter, except for amounts des21 ignated for use at primary airports.

22 (b) APPLICATIONS AND SELECTION.—(1) A State wishing to participate

23 in the program must submit an application to the Secretary. The Secretary

24 shall select a State on the basis of its application only after—

25 (A) deciding the State has an organization capable of effectively ad26 ministering a block grant made under this section;

27 (B) deciding the State uses a satisfactory airport system planning

28 process;

29 (C) deciding the State uses a programming process acceptable to the

30 Secretary;

31 (D) finding that the State has agreed to comply with United States

32 Government standard requirements for administering the block grant;

33 and

34 (E) finding that the State has agreed to provide the Secretary with

35 program information the Secretary requires.

36 (2) For the fiscal years ending September 30, 1993–1996, the States se37 lected shall include Illinois, Missouri, and North Carolina.

38 (c) SAFETY AND SECURITY NEEDS AND NEEDS OF SYSTEM.—Before de39 ciding whether a planning process is satisfactory or a programming process

40 is acceptable under subsection (b)(2) or (3) of this section, the Secretary

41 shall ensure that the process provides for meeting critical safety and secu-
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1 rity needs and that the programming process ensures that the needs of the

2 national airport system will be addressed in deciding which projects will re3 ceive money from the Government.

4 (d) ENDING EFFECTIVE DATE AND REPORT.—This section is effective

5 only through September 30, 1996.

6 § 47129. Annual report

7 Not later than April 1 of each year, the Secretary of Transportation shall

8 submit to Congress a report on activities carried out under this subchapter

9 during the prior fiscal year. The report shall include—

10 (1) a detailed statement of airport development completed;

11 (2) the status of each project undertaken;

12 (3) the allocation of appropriations; and

13 (4) an itemized statement of expenditures and receipts.

14 SUBCHAPTER II—SURPLUS PROPERTY FOR PUBLIC AIRPORTS

15 § 47151. Authority to transfer an interest in surplus prop16 erty

17 (a) GENERAL AUTHORITY.—Subject to sections 47152 and 47153 of this

18 title, a department, agency, or instrumentality of the executive branch of

19 the United States Government or a wholly owned Government corporation

20 may give a State, political subdivision of a State, or tax-supported organiza21 tion any interest in surplus property—

22 (1) that the Secretary of Transportation decides is—

23 (A) desirable for developing, improving, operating, or maintain24 ing a public airport (as defined in section 47102 of this title);

25 (B) reasonably necessary to fulfill the immediate and foresee26 able future requirements for developing, improving, operating, or

27 maintaining a public airport; or

28 (C) needed for developing sources of revenue from nonaviation

29 businesses at a public airport; and

30 (2) if the Administrator of General Services approves the gift and

31 decides the interest is not best suited for industrial use.

32 (b) ENSURING COMPLIANCE.—Only the Secretary may ensure compliance

33 with an instrument giving an interest in surplus property under this sub34 chapter. The Secretary may amend the instrument to correct the instrument

35 or to make the gift comply with law.

36 (c) DISPOSING OF INTERESTS NOT GIVEN UNDER THIS SUBCHAPTER.—

37 An interest in surplus property that could be used at a public airport but

38 that is not given under this subchapter shall be disposed of under other ap39 plicable law.
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1 § 47152. Terms of gifts

2 Except as provided in section 47153 of this title, the following terms

3 apply to a gift of an interest in surplus property under this subchapter:

4 (1) A State, political subdivision of a State, or tax-supported organi5 zation receiving the interest may use, lease, salvage, or dispose of the

6 interest for other than airport purposes only after the Secretary of

7 Transportation gives written consent that the interest can be used,

8 leased, salvaged, or disposed of without materially and adversely affect9 ing the development, improvement, operation, or maintenance of the

10 airport at which the property is located.

11 (2) The interest shall be used and maintained for public use and

12 benefit without unreasonable discrimination.

13 (3) A right may not be vested in a person, excluding others in the

14 same class from using the airport at which the property is located—

15 (A) to conduct an aeronautical activity requiring the operation

16 of aircraft; or

17 (B) to engage in selling or supplying aircraft, aircraft acces18 sories, equipment, or supplies (except gasoline and oil), or aircraft

19 services necessary to operate aircraft (including maintaining and

20 repairing aircraft, aircraft engines, propellers, and appliances).

21 (4) The State, political subdivision, or tax-supported organization ac22 cepting the interest shall clear and protect the aerial approaches to the

23 airport by mitigating existing, and preventing future, airport hazards.

24 (5) During a national emergency declared by the President or Con25 gress, the United States Government is entitled to use, control, or pos26 sess, without charge, any part of the public airport at which the prop27 erty is located. However, the Government shall—

28 (A) pay the entire cost of maintaining the part of the airport

29 it exclusively uses, controls, or possesses during the emergency;

30 (B) contribute a reasonable share, consistent with the Govern31 ment’s use, of the cost of maintaining the property it uses

32 nonexclusively, or over which the Government has nonexclusive

33 control or possession, during the emergency; and

34 (C) pay a fair rental for use, control, or possession of improve35 ments to the airport made without Government assistance.

36 (6) The Government is entitled to the nonexclusive use, without

37 charge, of the landing area of an airport at which the property is lo38 cated. The Secretary may limit the use of the landing area if necessary

39 to prevent unreasonable interference with use by other authorized air40 craft. However, the Government shall—
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1 (A) contribute a reasonable share, consistent with the Govern2 ment’s use, of the cost of maintaining and operating the landing

3 area; and

4 (B) pay for damages caused by its use of the landing area if

5 its use of the landing area is substantial.

6 (7) The State, political subdivision, or tax-supported organization ac7 cepting the interest shall release the Government from all liability for

8 damages arising under an agreement that provides for Government use

9 of any part of an airport owned, controlled, or operated by the State,

10 political subdivision, or tax-supported organization on which, adjacent

11 to which, or in connection with which, the property is located.

12 (8) When a term under this section is not satisfied, any part of the

13 interest in the property reverts to the Government, at the option of the

14 Government, as the property then exists.

15 § 47153. Waiving and adding terms

16 (a) GENERAL AUTHORITY.—(1) The Secretary of Transportation may

17 waive, without charge, a term of a gift of an interest in property under this

18 subchapter if the Secretary decides that—

19 (A) the property no longer serves the purpose for which it was given;

20 or

21 (B) the waiver will not prevent carrying out the purpose for which

22 the gift was made and is necessary to advance the civil aviation inter23 ests of the United States.

24 (2) The Secretary of Transportation shall waive a term under paragraph

25 (1) of this subsection on terms the Secretary considers necessary to protect

26 or advance the civil aviation interests of the United States.

27 (b) WAIVERS AND INCLUSION OF ADDITIONAL TERMS ON REQUEST.—On

28 request of the Secretary of Transportation or the Secretary of a military

29 department, a department, agency, or instrumentality of the executive

30 branch of the United States Government or a wholly owned Government

31 corporation may waive a term required by section 47152 of this title or add

32 another term if the appropriate Secretary decides it is necessary to protect

33 or advance the interests of the United States in civil aviation or for national

34 defense.

35 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.

36 § 47301. Definitions

37 In this chapter—
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1 (1) ‘‘airport property’’ means an interest in property used or useful

2 in operating and maintaining an airport.

3 (2) ‘‘airway property’’ means an interest in property used or useful

4 in operating and maintaining a ground installation, facility, or equip5 ment desirable for the orderly and safe operation of air traffic, includ6 ing air navigation, air traffic control, airway communication, and mete7 orological facilities.

8 (3) ‘‘foreign territory’’ means an area—

9 (A) over which no government or a government of a foreign

10 country has sovereignty;

11 (B) temporarily under military occupation by the United States

12 Government; or

13 (C) occupied or administered by the Government or a govern14 ment of a foreign country under an international agreement.

15 (4) ‘‘territory outside the continental United States’’ means territory

16 outside the 48 contiguous States and the District of Columbia.

17 § 47302. Providing airport and airway property in foreign

18 territories

19 (a) GENERAL AUTHORITY.—Subject to the concurrence of the Secretary

20 of State and the consideration of objectives of the International Civil Avia21 tion Organization—

22 (1) the Secretary of Transportation may acquire, establish, and con23 struct airport property and airway property (except meteorological fa24 cilities) in foreign territory; and

25 (2) the Secretary of Commerce may acquire, establish, and construct

26 meteorological facilities in foreign territory.

27 (b) SPECIFIC APPROPRIATIONS REQUIRED.—Except for airport property

28 transferred under section 47304(b) of this title, an airport (as defined in

29 section 40102(a) of this title) may be acquired, established, or constructed

30 under subsection (a) of this section only if amounts have been appropriated

31 specifically for the airport.

32 (c) ACCEPTING FOREIGN PAYMENTS.—The Secretary of Transportation

33 or Commerce, as appropriate, may accept payment from a government of

34 a foreign country or international organization for facilities or services sold

35 or provided the government or organization under this chapter. The amount

36 received may be credited to the appropriation current when the expenditures

37 are or were paid, the appropriation current when the amount is received,

38 or both.

39 § 47303. Training foreign citizens

40 Subject to the concurrence of the Secretary of State, the Secretary of

41 Transportation or Commerce, as appropriate, may train a foreign citizen in
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1 a subject related to aeronautics and essential to the orderly and safe oper2 ation of civil aircraft. The training may be provided—

3 (1) directly by the appropriate Secretary or jointly with another de4 partment, agency, or instrumentality of the United States Government;

5 (2) through a public or private agency of the United States (includ6 ing a State or municipal educational institution); or

7 (3) through an international organization.

8 § 47304. Transfer of airport and airway property

9 (a) GENERAL AUTHORITY.—When requested by the government of a for10 eign country or an international organization, the Secretary of Transpor11 tation or Commerce, as appropriate, may transfer to the government or or12 ganization airport property and airway property operated and maintained

13 under this chapter by the appropriate Secretary in foreign territory. The

14 transfer shall be on terms the appropriate Secretary considers proper, in15 cluding consideration agreed on through negotiations with the government

16 or organization.

17 (b) PROPERTY INSTALLED OR CONTROLLED BY MILITARY.—Subject to

18 terms to which the parties agree, the Secretary of a military department

19 may transfer without charge to the Secretary of Transportation airport

20 property and airway property (except meteorological facilities), and to the

21 Secretary of Commerce meteorological facilities, that the Secretary of the

22 military department installed or controls in territory outside the continental

23 United States. The transfer may be made if consistent with the needs of

24 national defense and—

25 (1) the Secretary of the military department finds that the property

26 or facility is no longer required exclusively for military purposes; and

27 (2) the Secretary of Transportation or Commerce, as appropriate,

28 decides that the transfer is or may be necessary to carry out this chap29 ter.

30 (c) REPUBLIC OF PANAMA.—(1) The Secretary of Transportation may

31 provide, operate, and maintain facilities and services for air navigation, air32 way communications, and air traffic control in the Republic of Panama sub33 ject to—

34 (A) the approval of the Secretary of Defense; and

35 (B) each obligation assumed by the United States Government under

36 an agreement between the Government and the Republic of Panama.

37 (2) The Secretary of a military department may transfer without charge

38 to the Secretary of Transportation property located in the Republic of Pan39 ama when the Secretary of Transportation decides that the transfer may

40 be useful in carrying out this chapter.
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1 (3) Subsection (b) of this section (related to the Secretary of Transpor2 tation) and section 47302(a) and (b) of this title do not apply in carrying

3 out this subsection.

4 (d) RETAKING PROPERTY FOR MILITARY REQUIREMENT.—(1) When nec5 essary for a military requirement, the Secretary of a military department

6 immediately may retake property (with any improvements to it) transferred

7 by the Secretary under subsection (b) or (c) of this section. The Secretary

8 shall pay reasonable compensation to each person (or its successor in inter9 est) that made an improvement to the property that was not made at the

10 expense of the Government. The Secretary or a delegate of the Secretary

11 shall decide on the amount of compensation.

12 (2) On the recommendation of the Secretary of Transportation or Com13 merce, as appropriate, the Secretary of a military department may decide

14 not to act under paragraph (1) of this subsection.

15 § 47305. Administrative

16 (a) GENERAL AUTHORITY.—The Secretary of Transportation shall con17 solidate, operate, protect, maintain, and improve airport property and air18 way property (except meteorological facilities), and the Secretary of Com19 merce may consolidate, operate, protect, maintain, and improve meteorologi20 cal facilities, that the appropriate Secretary has acquired and that are lo21 cated in territory outside the continental United States. In carrying out this

22 section, the appropriate Secretary may—

23 (1) adapt the property or facility to the needs of civil aeronautics;

24 (2) lease the property or facility for not more than 20 years;

25 (3) make a contract, or provide directly, for facilities and services;

26 (4) make reasonable charges for aeronautical services; and

27 (5) acquire an interest in property.

28 (b) CREDITING APPROPRIATIONS.—Money received from the direct sale

29 or charge that the Secretary of Transportation or Commerce, as appro30 priate, decides is equivalent to the cost of facilities and services sold or pro31 vided under subsection (a)(3) and (4) of this section is credited to the ap32 propriation from which the cost was paid. The balance shall be deposited

33 in the Treasury as miscellaneous receipts.

34 (c) USING OTHER GOVERNMENT FACILITIES AND SERVICES.—To carry

35 out this chapter and to use personnel and facilities of the United States

36 Government most advantageously and without unnecessary duplication, the

37 Secretary of Transportation or Commerce, as appropriate, shall request,

38 when practicable, to use a facility or service of an appropriate department,

39 agency, or instrumentality of the Government on a reimbursable basis. A

40 department, agency, or instrumentality receiving a request under this sec41 tion may provide the facility or service.
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1 (d) ADVERTISING NOT REQUIRED.—Section 3709 of the Revised Statutes

2 (41 U.S.C. 5) does not apply to a lease or contract made by the Secretary

3 of Transportation or Commerce under this chapter.

4 § 47306. Criminal penalty

5 A person that knowingly and willfully violates a regulation prescribed by

6 the Secretary of Transportation to carry out this chapter shall be fined

7 under title 18, imprisoned for not more than 6 months, or both.

8 CHAPTER 475—NOISE

SUBCHAPTER I—NOISE ABATEMENT

Sec.

47501. Definitions.

47502. Noise measurement and exposure systems and identifying land use compatible with

noise exposure.

47503. Noise exposure maps.

47504. Noise compatibility programs.

47505. Airport noise compatibility planning grants.

47506. Limitations on recovering damages for noise.

47507. Nonadmissibility of noise exposure map and related information as evidence.

47508. Noise standards for air carriers and foreign air carriers providing foreign air transportation.

SUBCHAPTER II—NATIONAL AVIATION NOISE POLICY

47521. Findings.

47522. Definitions.

47523. National aviation noise policy.

47524. Airport noise and access restriction review program.

47525. Decision about airport noise and access restrictions on certain stage 2 aircraft.

47526. Limitations for noncomplying airport noise and access restrictions.

47527. Liability of the United States Government for noise damages.

47528. Prohibition on operating certain aircraft not complying with stage 3 noise levels.

47529. Nonaddition rule.

47530. Nonapplication of sections 47528(a)–(d) and 47529 to aircraft outside the 48 contiguous States.

47531. Penalties for violating sections 47528–47530.

47532. Judicial review.

47533. Relationship to other laws.

9 SUBCHAPTER I—NOISE ABATEMENT

10 § 47501. Definitions

11 In this subchapter—

12 (1) ‘‘airport’’ means a public-use airport as defined in section 47102

13 of this title.

14 (2) ‘‘airport operator’’ means—

15 (A) for an airport serving air carriers that have certificates

16 from the Secretary of Transportation, any person holding an air17 port operating certificate issued under section 44706 of this title;

18 and

19 (B) for any other airport, the person operating the airport.

20 § 47502. Noise measurement and exposure systems and iden21 tifying land use compatible with noise exposure

22 After consultation with the Administrator of the Environmental Protec23 tion Agency and United States Government, State, and interstate agencies
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1 that the Secretary of Transportation considers appropriate, the Secretary

2 shall by regulation—

3 (1) establish a single system of measuring noise that—

4 (A) has a highly reliable relationship between projected noise ex5 posure and surveyed reactions of individuals to noise; and

6 (B) is applied uniformly in measuring noise at airports and the

7 surrounding area;

8 (2) establish a single system for determining the exposure of individ9 uals to noise resulting from airport operations, including noise inten10 sity, duration, frequency, and time of occurrence; and

11 (3) identify land uses normally compatible with various exposures of

12 individuals to noise.

13 § 47503. Noise exposure maps

14 (a) SUBMISSION AND PREPARATION.—An airport operator may submit to

15 the Secretary of Transportation a noise exposure map showing the

16 noncompatible uses in each area of the map on the date the map is submit17 ted, a description of estimated aircraft operations during 1985, and how

18 those operations will affect the map. The map shall—

19 (1) be prepared in consultation with public agencies and planning

20 authorities in the area surrounding the airport; and

21 (2) comply with regulations prescribed under section 47502 of this

22 title.

23 (b) REVISED MAPS.—If a change in the operation of an airport will es24 tablish a substantial new noncompatible use in an area surrounding the air25 port, the airport operator shall submit a revised noise exposure map to the

26 Secretary showing the new noncompatible use.

27 § 47504. Noise compatibility programs

28 (a) SUBMISSIONS.—(1) An airport operator that submitted a noise expo29 sure map and related information under section 47503(a) of this title may

30 submit a noise compatibility program to the Secretary of Transportation

31 after—

32 (A) consulting with public agencies and planning authorities in the

33 area surrounding the airport, United States Government officials hav34 ing local responsibility for the airport, and air carriers using the air35 port; and

36 (B) notice and an opportunity for a public hearing.

37 (2) A program submitted under paragraph (1) of this subsection shall

38 state the measures the operator has taken or proposes to take to reduce ex39 isting noncompatible uses and prevent introducing additional noncompatible

40 uses in the area covered by the map. The measures may include—

41 (A) establishing a preferential runway system;
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1 (B) restricting the use of the airport by a type or class of aircraft

2 because of the noise characteristics of the aircraft;

3 (C) constructing barriers and acoustical shielding and soundproofing

4 public buildings;

5 (D) using flight procedures to control the operation of aircraft to re6 duce exposure of individuals to noise in the area surrounding the air7 port; and

8 (E) acquiring land, air rights, easements, development rights, and

9 other interests to ensure that the property will be used in ways compat10 ible with airport operations.

11 (b) APPROVALS.—(1) The Secretary shall approve or disapprove a pro12 gram submitted under subsection (a) of this section (except as the program

13 is related to flight procedures referred to in subsection (a)(2)(D) of this sec14 tion) not later than 180 days after receiving it. The Secretary shall approve

15 the program (except as the program is related to flight procedures referred

16 to in subsection (a)(2)(D)) if the program—

17 (A) does not place an unreasonable burden on interstate or foreign

18 commerce;

19 (B) is reasonably consistent with achieving the goal of reducing

20 noncompatible uses and preventing the introduction of additional

21 noncompatible uses; and

22 (C) provides for necessary revisions because of a revised map submit23 ted under section 47503(b) of this title.

24 (2) A program (except as the program is related to flight procedures re25 ferred to in subsection (a)(2)(D) of this section) is deemed to be approved

26 if the Secretary does not act within the 180-day period.

27 (3) The Secretary shall submit any part of a program related to flight

28 procedures referred to in subsection (a)(2)(D) of this section to the Admin29 istrator of the Federal Aviation Administration. The Administrator shall ap30 prove or disapprove that part of the program.

31 (c) GRANTS.—(1) The Secretary may incur obligations to make grants

32 from amounts available under section 48103 of this title to carry out a

33 project under a part of a noise compatibility program approved under sub34 section (b) of this section. A grant may be made to—

35 (A) an airport operator submitting the program;

36 (B) a unit of local government in the area surrounding the airport,

37 if the Secretary decides the unit is able to carry out the project;

38 (C) an airport operator or unit of local government referred to in

39 clause (A) or (B) of this paragraph to carry out any part of a program

40 developed before February 18, 1980, or before implementing regula41 tions were prescribed, if the Secretary decides the program is substan-
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1 tially consistent with reducing existing noncompatible uses and prevent2 ing the introduction of additional noncompatible uses and the purposes

3 of this chapter will be furthered by promptly carrying out the program;

4 and

5 (D) an airport operator or unit of local government referred to in

6 clause (A) or (B) of this paragraph to soundproof a building in the

7 noise impact area surrounding the airport that is used primarily for

8 educational or medical purposes and that the Secretary decides is ad9 versely affected by airport noise.

10 (2) An airport operator may agree to make a grant made under para11 graph (1)(A) of this subsection available to a public agency in the area sur12 rounding the airport if the Secretary decides the agency is able to carry out

13 the project.

14 (3) The Government’s share of a project for which a grant is made under

15 paragraph (1) of this subsection is the greater of—

16 (A) 80 percent of the cost of the project; or

17 (B) the Government’s share that would apply if the amounts avail18 able for the project were made available under subchapter I of chapter

19 471 of this title for a project at the airport.

20 (4) The provisions of subchapter I of chapter 471 of this title related to

21 grants apply to a grant made under this chapter, except—

22 (A) section 47109(a) and (b) of this title; and

23 (B) any provision that the Secretary decides is inconsistent with, or

24 unnecessary to carry out, this chapter.

25 (d) GOVERNMENT RELIEF FROM LIABILITY.—The Government is not lia26 ble for damages from aviation noise because of action taken under this sec27 tion.

28 § 47505. Airport noise compatibility planning grants

29 (a) GENERAL AUTHORITY.—The Secretary of Transportation may make

30 a grant to a sponsor of an airport to develop, for planning purposes, infor31 mation necessary to prepare and submit—

32 (1) a noise exposure map and related information under section

33 47503 of this title, including the cost of obtaining the information; or

34 (2) a noise compatibility program under section 47504 of this title.

35 (b) AVAILABILITY OF AMOUNTS AND GOVERNMENT’S SHARE OF

36 COSTS.—A grant under subsection (a) of this section may be made from

37 amounts available under section 48103 of this title. The United States Gov38 ernment’s share of the grant is the percent for which a project for airport

39 development at an airport would be eligible under section 47109(a) and (b)

40 of this title.
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1 § 47506. Limitations on recovering damages for noise

2 (a) GENERAL LIMITATIONS.—A person acquiring an interest in property

3 after February 18, 1980, in an area surrounding an airport for which a

4 noise exposure map has been submitted under section 47503 of this title

5 and having actual or constructive knowledge of the existence of the map

6 may recover damages for noise attributable to the airport only if, in addition

7 to any other elements for recovery of damages, the person shows that—

8 (1) after acquiring the interest, there was a significant—

9 (A) change in the type or frequency of aircraft operations at the

10 airport;

11 (B) change in the airport layout;

12 (C) change in flight patterns; or

13 (D) increase in nighttime operations; and

14 (2) the damages resulted from the change or increase.

15 (b) CONSTRUCTIVE KNOWLEDGE.—Constructive knowledge of the exist16 ence of a map under subsection (a) of this section shall be imputed, at a

17 minimum, to a person if—

18 (1) before the person acquired the interest, notice of the existence

19 of the map was published at least 3 times in a newspaper of general

20 circulation in the county in which the property is located; or

21 (2) the person is given a copy of the map when acquiring the inter22 est.

23 § 47507. Nonadmissibility of noise exposure map and related

24 information as evidence

25 No part of a noise exposure map or related information described in sec26 tion 47503 of this title that is submitted to, or prepared by, the Secretary

27 of Transportation and no part of a list of land uses the Secretary identifies

28 as normally compatible with various exposures of individuals to noise may

29 be admitted into evidence or used for any other purpose in a civil action

30 asking for relief for noise resulting from the operation of an airport.

31 § 47508. Noise standards for air carriers and foreign air car32 riers providing foreign air transportation

33 (a) GENERAL REQUIREMENTS.—The Secretary of Transportation shall

34 require each air carrier and foreign air carrier providing foreign air trans35 portation to comply with noise standards—

36 (1) the Secretary prescribed for new subsonic aircraft in regulations

37 of the Secretary in effect on January 1, 1977; or

38 (2) of the International Civil Aviation Organization that are substan39 tially compatible with standards of the Secretary for new subsonic air40 craft in regulations of the Secretary at parts 36 and 91 of title 14,
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1 Code of Federal Regulations, prescribed between January 2, 1977, and

2 January 1, 1982.

3 (b) COMPLIANCE AT PHASED RATE.—The Secretary shall require each

4 air carrier and foreign air carrier providing foreign air transportation to

5 comply with the noise standards at a phased rate similar to the rate for

6 aircraft registered in the United States.

7 (c) NONDISCRIMINATION.—The requirement for air carriers providing for8 eign air transportation may not be more stringent than the requirement for

9 foreign air carriers.

10 SUBCHAPTER II—NATIONAL AVIATION NOISE POLICY

11 § 47521. Findings

12 Congress finds that—

13 (1) aviation noise management is crucial to the continued increase

14 in airport capacity;

15 (2) community noise concerns have led to uncoordinated and incon16 sistent restrictions on aviation that could impede the national air trans17 portation system;

18 (3) a noise policy must be carried out at the national level;

19 (4) local interest in aviation noise management shall be considered

20 in determining the national interest;

21 (5) community concerns can be alleviated through the use of new

22 technology aircraft and the use of revenues, including those available

23 from passenger facility fees, for noise management;

24 (6) revenues controlled by the United States Government can help

25 resolve noise problems and carry with them a responsibility to the na26 tional airport system;

27 (7) revenues derived from a passenger facility fee may be applied to

28 noise management and increased airport capacity; and

29 (8) a precondition to the establishment and collection of a passenger

30 facility fee is the prescribing by the Secretary of Transportation of a

31 regulation establishing procedures for reviewing airport noise and ac32 cess restrictions on operations of stage 2 and stage 3 aircraft.

33 § 47522. Definitions

34 In this subchapter—

35 (1) ‘‘air carrier’’, ‘‘air transportation’’, and ‘‘United States’’ have the

36 same meanings given those terms in section 40102(a) of this title.

37 (2) ‘‘stage 3 noise levels’’ means the stage 3 noise levels in part 36

38 of title 14, Code of Federal Regulations, in effect on November 5,

39 1990.
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1 § 47523. National aviation noise policy

2 (a) GENERAL REQUIREMENTS.—Not later than July 1, 1991, the Sec3 retary of Transportation shall establish by regulation a national aviation

4 noise policy that considers this subchapter, including the phaseout and

5 nonaddition of stage 2 aircraft as provided in this subchapter and dates for

6 carrying out that policy and reporting requirements consistent with this

7 subchapter and law existing as of November 5, 1990.

8 (b) DETAILED ECONOMIC ANALYSIS.—The policy shall be based on a de9 tailed economic analysis of the impact of the phaseout date for stage 2 air10 craft on competition in the airline industry, including—

11 (1) the ability of air carriers to achieve capacity growth consistent

12 with the projected rate of growth for the airline industry;

13 (2) the impact of competition in the airline and air cargo industries;

14 (3) the impact on nonhub and small community air service; and

15 (4) the impact on new entry into the airline industry.

16 § 47524. Airport noise and access restriction review pro17 gram

18 (a) GENERAL REQUIREMENTS.—The national aviation noise policy estab19 lished under section 47523 of this title shall provide for establishing by reg20 ulation a national program for reviewing airport noise and access restric21 tions on the operation of stage 2 and stage 3 aircraft. The program shall

22 provide for adequate public notice and opportunity for comment on the re23 strictions.

24 (b) STAGE 2 AIRCRAFT.—Except as provided in subsection (d) of this

25 section, an airport noise or access restriction may include a restriction on

26 the operation of stage 2 aircraft proposed after October 1, 1990, only if the

27 airport operator publishes the proposed restriction and prepares and makes

28 available for public comment at least 180 days before the effective date of

29 the proposed restriction—

30 (1) an analysis of the anticipated or actual costs and benefits of the

31 existing or proposed restriction;

32 (2) a description of alternative restrictions;

33 (3) a description of the alternative measures considered that do not

34 involve aircraft restrictions; and

35 (4) a comparison of the costs and benefits of the alternative meas36 ures to the costs and benefits of the proposed restriction.

37 (c) STAGE 3 AIRCRAFT.—(1) Except as provided in subsection (d) of this

38 section, an airport noise or access restriction on the operation of stage 3

39 aircraft not in effect on October 1, 1990, may become effective only if the

40 restriction has been agreed to by the airport proprietor and all aircraft oper41 ators or has been submitted to and approved by the Secretary of Transpor-
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1 tation after an airport or aircraft operator’s request for approval as pro2 vided by the program established under this section. Restrictions to which

3 this paragraph applies include—

4 (A) a restriction on noise levels generated on either a single event

5 or cumulative basis;

6 (B) a restriction on the total number of stage 3 aircraft operations;

7 (C) a noise budget or noise allocation program that would include

8 stage 3 aircraft;

9 (D) a restriction on hours of operations; and

10 (E) any other restriction on stage 3 aircraft.

11 (2) Not later than 180 days after the Secretary receives an airport or

12 aircraft operator’s request for approval of an airport noise or access restric13 tion on the operation of a stage 3 aircraft, the Secretary shall approve or

14 disapprove the restriction. The Secretary may approve the restriction only

15 if the Secretary finds on the basis of substantial evidence that—

16 (A) the restriction is reasonable, nonarbitrary, and nondiscrim17 inatory;

18 (B) the restriction does not create an unreasonable burden on inter19 state or foreign commerce;

20 (C) the restriction is not inconsistent with maintaining the safe and

21 efficient use of the navigable airspace;

22 (D) the restriction does not conflict with a law or regulation of the

23 United States;

24 (E) an adequate opportunity has been provided for public comment

25 on the restriction; and

26 (F) the restriction does not create an unreasonable burden on the

27 national aviation system.

28 (3) Paragraphs (1) and (2) of this subsection do not apply if the Admin29 istrator of the Federal Aviation Administration, before November 5, 1990,

30 has formed a working group (outside the process established by part 150

31 of title 14, Code of Federal Regulations) with a local airport operator to

32 examine the noise impact of air traffic control procedure changes at the air33 port. However, if an agreement on noise reductions at that airport is made

34 between the airport proprietor and one or more air carriers or foreign air

35 carriers that constitute a majority of the carrier use of the airport, this

36 paragraph applies only to a local action to enforce the agreement.

37 (4) The Secretary may reevaluate an airport noise or access restriction

38 previously agreed to or approved under this subsection on request of an air39 craft operator able to demonstrate to the satisfaction of the Secretary that

40 there has been a change in the noise environment of the affected airport
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1 that justifies a reevaluation. The Secretary shall establish by regulation pro2 cedures for conducting a reevaluation. A reevaluation—

3 (A) shall be based on the criteria in paragraph (2) of this subsection;

4 and

5 (B) may be conducted only after 2 years after a decision under para6 graph (2) of this subsection has been made.

7 (d) NONAPPLICATION.—Subsections (b) and (c) of this section do not

8 apply to—

9 (1) a local action to enforce a negotiated or executed airport noise

10 or access agreement between the airport operator and the aircraft oper11 ators in effect on November 5, 1990;

12 (2) a local action to enforce a negotiated or executed airport noise

13 or access restriction agreed to by the airport operator and the aircraft

14 operators before November 5, 1990;

15 (3) an intergovernmental agreement including an airport noise or ac16 cess restriction in effect on November 5, 1990;

17 (4) a subsequent amendment to an airport noise or access agreement

18 or restriction in effect on November 5, 1990, that does not reduce or

19 limit aircraft operations or affect aircraft safety;

20 (5)(A) an airport noise or access restriction adopted by an airport

21 operator not later than October 1, 1990, and stayed as of October 1,

22 1990, by a court order or as a result of litigation, if any part of the

23 restriction is subsequently allowed by a court to take effect; or

24 (B) a new restriction imposed by an airport operator to replace any

25 part of a restriction described in subclause (A) of this clause that is

26 disallowed by a court, if the new restriction would not prohibit aircraft

27 operations in effect on November 5, 1990; or

28 (6) a local action that represents the adoption of the final part of

29 a program of a staged airport noise or access restriction if the initial

30 part of the program was adopted during 1988 and was in effect on No31 vember 5, 1990.

32 (e) GRANT LIMITATIONS.—Beginning on the 91st day after the Secretary

33 prescribes a regulation under subsection (a) of this section, a sponsor of a

34 facility operating under an airport noise or access restriction on the oper35 ation of stage 3 aircraft that first became effective after October 1, 1990,

36 is eligible for a grant under section 47104 of this title and is eligible to

37 impose a passenger facility fee under section 40117 of this title only if the

38 restriction has been—

39 (1) agreed to by the airport proprietor and aircraft operators;

40 (2) approved by the Secretary as required by subsection (c)(1) of

41 this section; or
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1 (3) rescinded.

2 § 47525. Decision about airport noise and access restrictions

3 on certain stage 2 aircraft

4 The Secretary of Transportation shall conduct a study and decide on the

5 application of section 47524(a)–(d) of this title to airport noise and access

6 restrictions on the operation of stage 2 aircraft with a maximum weight of

7 not more than 75,000 pounds. In making the decision, the Secretary shall

8 consider—

9 (1) noise levels produced by those aircraft relative to other aircraft;

10 (2) the benefits to general aviation and the need for efficiency in the

11 national air transportation system;

12 (3) the differences in the nature of operations at airports and the

13 areas immediately surrounding the airports;

14 (4) international standards and agreements on aircraft noise; and

15 (5) other factors the Secretary considers necessary.

16 § 47526. Limitations for noncomplying airport noise and ac17 cess restrictions

18 Unless the Secretary of Transportation is satisfied that an airport is not

19 imposing an airport noise or access restriction not in compliance with this

20 subchapter, the airport may not—

21 (1) receive money under subchapter I of chapter 471 of this title;

22 or

23 (2) impose a passenger facility fee under section 40117 of this title.

24 § 47527. Liability of the United States Government for noise

25 damages

26 When a proposed airport noise or access restriction is disapproved under

27 this subchapter, the United States Government shall assume liability for

28 noise damages only to the extent that a taking has occurred as a direct re29 sult of the disapproval. The United States Court of Federal Claims has ex30 clusive jurisdiction of a civil action under this section.

31 § 47528. Prohibition on operating certain aircraft not com32 plying with stage 3 noise levels

33 (a) PROHIBITION.—Except as provided in subsection (b) of this section

34 and section 47530 of this title, a person may operate after December 31,

35 1999, a civil subsonic turbojet with a maximum weight of more than 75,000

36 pounds to or from an airport in the United States only if the Secretary of

37 Transportation finds that the aircraft complies with the stage 3 noise levels.

38 (b) WAIVERS.—(1) If, not later than July 1, 1999, at least 85 percent

39 of the aircraft used by an air carrier to provide air transportation comply

40 with the stage 3 noise levels, the carrier may apply for a waiver of sub41 section (a) of this section for the remaining aircraft used by the carrier to
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1 provide air transportation. The application must be filed with the Secretary

2 not later than January 1, 1999, and must include a plan with firm orders

3 for making all aircraft used by the carrier to provide air transportation

4 comply with the noise levels not later than December 31, 2003.

5 (2) The Secretary may grant a waiver under this subsection if the Sec6 retary finds it would be in the public interest. In making the finding, the

7 Secretary shall consider the effect of granting the waiver on competition in

8 the air carrier industry and on small community air service.

9 (3) A waiver granted under this subsection may not permit the operation

10 of stage 2 aircraft in the United States after December 31, 2003.

11 (c) SCHEDULE FOR PHASED-IN COMPLIANCE.—The Secretary shall es12 tablish by regulation a schedule for phased-in compliance with subsection

13 (a) of this section. The phase-in period shall begin on November 5, 1990,

14 and end before December 31, 1999. The regulations shall establish interim

15 compliance dates. The schedule for phased-in compliance shall be based

16 on—

17 (1) a detailed economic analysis of the impact of the phaseout date

18 for stage 2 aircraft on competition in the airline industry, including—

19 (A) the ability of air carriers to achieve capacity growth consist20 ent with the projected rate of growth for the airline industry;

21 (B) the impact of competition in the airline and air cargo indus22 tries;

23 (C) the impact on nonhub and small community air service; and

24 (D) the impact on new entry into the airline industry; and

25 (2) an analysis of the impact of aircraft noise on individuals residing

26 near airports.

27 (d) ANNUAL REPORT.—Beginning with calendar year 1992—

28 (1) each air carrier shall submit to the Secretary an annual report

29 on the progress the carrier is making toward complying with the re30 quirements of this section and regulations prescribed under this sec31 tion; and

32 (2) the Secretary shall submit to Congress an annual report on the

33 progress being made toward that compliance.

34 (e) HAWAIIAN OPERATIONS.—(1) In this subsection, ‘‘turnaround serv35 ice’’ means a flight between places only in Hawaii.

36 (2)(A) An air carrier or foreign air carrier may not operate in Hawaii,

37 or between a place in Hawaii and a place outside the 48 contiguous States,

38 a greater number of stage 2 aircraft with a maximum weight of more than

39 75,000 pounds than it operated in Hawaii, or between a place in Hawaii

40 and a place outside the 48 contiguous States, on November 5, 1990.
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1 (B) An air carrier that provided turnaround service in Hawaii on Novem2 ber 5, 1990, using stage 2 aircraft with a maximum weight of more than

3 75,000 pounds may include in the number of aircraft authorized under sub4 paragraph (A) of this paragraph all stage 2 aircraft with a maximum weight

5 of more than 75,000 pounds that were owned or leased by that carrier on

6 that date, whether or not the aircraft were operated by the carrier on that

7 date.

8 (3) An air carrier may provide turnaround service in Hawaii using stage

9 2 aircraft with a maximum weight of more than 75,000 pounds only if the

10 carrier provided the service on November 5, 1990.

11 § 47529. Nonaddition rule

12 (a) GENERAL LIMITATIONS.—Except as provided in subsection (b) of this

13 section and section 47530 of this title, a person may operate a civil subsonic

14 turbojet aircraft with a maximum weight of more than 75,000 pounds that

15 is imported into the United States after November 4, 1990, only if the air16 craft—

17 (1) complies with the stage 3 noise levels; or

18 (2) was purchased by the person importing the aircraft into the

19 United States under a legally binding contract made before November

20 5, 1990.

21 (b) EXEMPTIONS.—The Secretary of Transportation may provide an ex22 emption from subsection (a) of this section to permit a person to obtain

23 modifications to an aircraft to meet the stage 3 noise levels.

24 (c) AIRCRAFT DEEMED NOT IMPORTED.—In this section, an aircraft is

25 deemed not to have been imported into the United States if the aircraft—

26 (1) was owned on November 5, 1990, by—

27 (A) a corporation, trust, or partnership organized under the

28 laws of the United States or a State (including the District of Co29 lumbia);

30 (B) an individual who is a citizen of the United States; or

31 (C) an entity that is owned or controlled by a corporation, trust,

32 partnership, or individual described in subclause (A) or (B) of this

33 clause; and

34 (2) enters the United States not later than 6 months after the expi35 ration of a lease agreement (including any extension) between an owner

36 described in clause (1) of this subsection and a foreign carrier.

37 § 47530. Nonapplication of sections 47528(a)–(d) and 47529 to

38 aircraft outside the 48 contiguous States

39 Sections 47528(a)–(d) and 47529 of this title do not apply to aircraft

40 used only to provide air transportation outside the 48 contiguous States. A

41 civil subsonic turbojet aircraft with a maximum weight of more than 75,000
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1 pounds that is imported into a noncontiguous State or a territory or posses2 sion of the United States after November 4, 1990, may be used to provide

3 air transportation in the 48 contiguous States only if the aircraft complies

4 with the stage 3 noise levels.

5 § 47531. Penalties for violating sections 47528–47530

6 A person violating sections 47528, 47529, or 47530 of this title or a reg7 ulation prescribed under those sections is subject to the same civil penalties

8 and procedures under chapter 463 of this title as a person violating section

9 44701(a) or (b) or 44702–44716 of this title.

10 § 47532. Judicial review

11 An action taken by the Secretary of Transportation under sections

12 47528–47531 of this title is subject to judicial review as provided under sec13 tion 46110 of this title.

14 § 47533. Relationship to other laws

15 Except as provided by section 47524 of this title, this subchapter does

16 not affect—

17 (1) law in effect on November 5, 1990, on airport noise or access

18 restrictions by local authorities;

19 (2) any proposed airport noise or access restriction at a general avia20 tion airport if the airport proprietor has formally initiated a regulatory

21 or legislative process before October 2, 1990; or

22 (3) the authority of the Secretary of Transportation to seek and ob23 tain legal remedies the Secretary considers appropriate, including in24 junctive relief.

25 PART C—FINANCING

26 CHAPTER 481—AIRPORT AND AIRWAY TRUST FUND

27 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.

28 § 48101. Air navigation facilities

29 (a) GENERAL AUTHORIZATION OF APPROPRIATIONS.—Not more than a

30 total of the following amounts may be appropriated to the Secretary of

31 Transportation out of the Airport and Airway Trust Fund established under

32 section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to

33 acquire, establish, and improve air navigation facilities under section

34 44502(a)(1)(A) of this title:
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1 (1) for the fiscal years ending September 30, 1991–1993,

2 $8,200,000,000.

3 (2) for the fiscal years ending September 30, 1991–1994,

4 $11,100,000,000.

5 (3) for the fiscal years ending September 30, 1991–1995,

6 $14,000,000,000.

7 (b) MAJOR AIRWAY CAPITAL INVESTMENT PLAN CHANGES.—If the Sec8 retary decides that it is necessary to augment or substantially modify ele9 ments of the Airway Capital Investment Plan referred to in section

10 44501(b) of this title (including a decision that it is necessary to establish

11 more than 23 area control facilities), not more than $100,000,000 may be

12 appropriated to the Secretary out of the Fund for the fiscal year ending

13 September 30, 1994, to carry out the augmentation or modification.

14 (c) AVAILABILITY OF AMOUNTS.—Amounts appropriated under this sec15 tion remain available until expended.

16 § 48102. Research and development

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Not more than the following

18 amounts may be appropriated to the Secretary of Transportation out of the

19 Airport and Airway Trust Fund established under section 9502 of the Inter20 nal Revenue Code of 1986 (26 U.S.C. 9502) to carry out sections 44504,

21 44505, 44507, 44509, and 44511–44513 of this title:

22 (1) for the fiscal year ending September 30, 1993—

23 (A) $14,700,000 only for management and analysis projects and

24 activities.

25 (B) $87,000,000 only for capacity and air traffic management

26 technology projects and activities.

27 (C) $28,000,000 only for communications, navigation, and sur28 veillance projects and activities.

29 (D) $7,700,000 only for weather projects and activities.

30 (E) $6,800,000 only for airport technology projects and activi31 ties.

32 (F) $44,000,000 only for aircraft safety technology projects and

33 activities.

34 (G) $41,100,000 only for system security technology projects

35 and activities.

36 (H) $31,000,000 only for human factors and aviation medicine

37 projects and activities.

38 (I) $4,500,000 for environment and energy projects and activi39 ties.

40 (J) $5,200,000 for innovative and cooperative research projects

41 and activities.
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1 (2) for the fiscal year ending September 30, 1994, $297,000,000.

2 (b) AVAILABILITY FOR RESEARCH.—(1) At least 15 percent of the

3 amount appropriated under subsection (a) of this section shall be for long4 term research projects.

5 (2) At least 3 percent of the amount appropriated under subsection (a)

6 of this section shall be available to the Administrator of the Federal Avia7 tion Administration to make grants under section 44511 of this title.

8 (c) TRANSFERS BETWEEN CATEGORIES.—(1) Not more than 10 percent

9 of the net amount authorized for a category of projects and activities in a

10 fiscal year under subsection (a) of this section may be transferred to or

11 from that category in that fiscal year.

12 (2) The Secretary may transfer more than 10 percent of an authorized

13 amount to or from a category only after—

14 (A) submitting a written explanation of the proposed transfer to the

15 Committees on Science, Space, and Technology and Appropriations of

16 the House of Representatives and the Committees on Commerce,

17 Science, and Transportation and Appropriations of the Senate; and

18 (B) 30 days have passed after the explanation is submitted or each

19 Committee notifies the Secretary in writing that it does not object to

20 the proposed transfer.

21 (d) AIRPORT CAPACITY RESEARCH AND DEVELOPMENT.—(1) Of the

22 amounts made available under subsection (a) of this section, at least

23 $25,000,000 may be appropriated each fiscal year for research and develop24 ment under section 44505(a) and (c) of this title on preserving and enhanc25 ing airport capacity, including research and development on improvements

26 to airport design standards, maintenance, safety, operations, and environ27 mental concerns.

28 (2) The Administrator shall submit to the Committees on Science, Space,

29 and Technology and Public Works and Transportation of the House of Rep30 resentatives and the Committee on Commerce, Science, and Transportation

31 of the Senate a report on expenditures made under paragraph (1) of this

32 subsection for each fiscal year. The report shall be submitted not later than

33 60 days after the end of the fiscal year.

34 (e) AIR TRAFFIC CONTROLLER PERFORMANCE RESEARCH.—Necessary

35 amounts may be appropriated to the Secretary out of amounts in the Fund

36 available for research and development to conduct research under section

37 44506(a) and (b) of this title.

38 (f) AVAILABILITY OF AMOUNTS.—Amounts appropriated under subsection

39 (a) of this section remain available until expended.
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1 § 48103. Airport planning and development and noise com2 patibility planning and programs

3 Not more than a total of $15,966,700,000 is available to the Secretary

4 of Transportation for the fiscal years ending September 30, 1982–1993, out

5 of the Airport and Airway Trust Fund established under section 9502 of

6 the Internal Revenue Code of 1986 (26 U.S.C. 9502) to make grants for

7 airport planning and airport development under section 47104 of this title,

8 airport noise compatibility planning under section 47505(a)(2) of this title,

9 and carrying out noise compatibility programs under section 47504(c) of

10 this title.

11 § 48104. Certain direct costs and joint air navigation serv12 ices

13 (a) AUTHORIZATION OF APPROPRIATIONS.—Except as provided in this

14 section, the balance of the money available in the Airport and Airway Trust

15 Fund established under section 9502 of the Internal Revenue Code of 1986

16 (26 U.S.C. 9502) may be appropriated to the Secretary of Transportation

17 out of the Fund for—

18 (1) direct costs the Secretary incurs to flight check, operate, and

19 maintain air navigation facilities referred to in section 44502(a)(1)(A)

20 of this title safely and efficiently; and

21 (2) the costs of services provided under international agreements re22 lated to the joint financing of air navigation services assessed against

23 the United States Government.

24 (b) LIMITATION.—The amount that may be appropriated out of the Fund

25 for each of the fiscal years ending September 30, 1993–1995, may not be

26 more than an amount equal to—

27 (1) 75 percent of the amount made available under sections 106(k)

28 and 48101–48103 of this title for that fiscal year; less

29 (2) the amount made available under sections 48101–48103 of this

30 title for that fiscal year.

31 § 48105. Weather reporting services

32 To reimburse the Secretary of Commerce for the cost incurred by the Na33 tional Oceanic and Atmospheric Administration of providing weather report34 ing services to the Federal Aviation Administration, the Secretary of Trans35 portation may expend from amounts available under section 48104 of this

36 title not more than the following amounts:

37 (1) for the fiscal year ending September 30, 1993, $35,596,000.

38 (2) for the fiscal year ending September 30, 1994, $37,800,000.

39 (3) for the fiscal year ending September 30, 1995, $39,000,000.
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1 § 48106. Airway science curriculum grants

2 Amounts are available from the Airport and Airway Trust Fund estab3 lished under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C.

4 9502) to carry out section 44510 of this title. The amounts remain available

5 until expended.

6 § 48107. Civil aviation security research and development

7 After the review under section 44912(b) of this title is completed, nec8 essary amounts may be appropriated to the Secretary of Transportation out

9 of the Airport and Airway Trust Fund established under section 9502 of

10 the Internal Revenue Code of 1986 (26 U.S.C. 9502) to make grants under

11 section 44912(a)(4)(A).

12 § 48108. Availability and uses of amounts

13 (a) AVAILABILITY OF AMOUNTS.—Amounts equal to the amounts author14 ized under sections 48101–48105 of this title remain in the Airport and

15 Airway Trust Fund established under section 9502 of the Internal Revenue

16 Code of 1986 (26 U.S.C. 9502) until appropriated for the purposes of sec17 tions 48101–48105.

18 (b) LIMITATIONS ON USES.—(1) Amounts in the Fund may be appro19 priated only to carry out a program or activity referred to in this chapter.

20 (2) Amounts in the Fund may be appropriated for administrative ex21 penses of the Department of Transportation or a component of the Depart22 ment only to the extent authorized by section 48104 of this title.

23 (c) LIMITATION ON OBLIGATING OR EXPENDING AMOUNTS.—In a fiscal

24 year beginning after September 30, 1995, the Secretary of Transportation

25 may obligate or expend an amount appropriated out of the Fund under sec26 tion 48104 of this title only if a law expressly amends section 48104.

27 § 48109. Submission of budget information and legislative

28 recommendations and comments

29 When the Administrator of the Federal Aviation Administration submits

30 to the Secretary of Transportation, the President, or the Director of the Of31 fice of Management and Budget any budget information, legislative rec32 ommendation, or comment on legislation about amounts authorized in sec33 tion 48101 or 48102 of this title, the Administrator concurrently shall sub34 mit a copy of the information, recommendation, or comment to the Speaker

35 of the House of Representatives, the Committees on Public Works and

36 Transportation and Appropriations of the House, the President of the Sen37 ate, and the Committees on Commerce, Science, and Transportation and

38 Appropriations of the Senate.
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1 § 48110. Facilities for advanced training of maintenance

2 technicians for air carrier aircraft

3 For the fiscal years ending September 30, 1993–1995, amounts necessary

4 to carry out section 44515 of this title may be appropriated to the Secretary

5 of Transportation out of the Airport and Airway Trust Fund established

6 under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502).

7 The amounts remain available until expended.

8 PART D—MISCELLANEOUS

9 CHAPTER 491—BUY-AMERICAN PREFERENCES

Sec.

49101. Buying goods produced in the United States.

49102. Restricting contract awards because of discrimination against United States goods or

services.

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.

10 § 49101. Buying goods produced in the United States

11 (a) PREFERENCE.—The Secretary of Transportation may obligate an

12 amount that may be appropriated to carry out section 106(k), 44502(a)(2),

13 or 44509, subchapter I of chapter 471 (except sections 47106(d) and

14 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and

15 48110) of this title for a project only if steel and manufactured goods used

16 in the project are produced in the United States.

17 (b) WAIVER.—The Secretary may waive subsection (a) of this section if

18 the Secretary finds that—

19 (1) applying subsection (a) would be inconsistent with the public in20 terest;

21 (2) the steel and goods produced in the United States are not pro22 duced in a sufficient and reasonably available amount or are not of a

23 satisfactory quality;

24 (3) when procuring a facility or equipment under section

25 44502(a)(2) or 44509, subchapter I of chapter 471 (except sections

26 47106(d) and 47127), or chapter 481 (except sections 48102(e),

27 48106, 48107, and 48110) of this title—

28 (A) the cost of components and subcomponents produced in the

29 United States is more than 60 percent of the cost of all compo30 nents of the facility or equipment; and

31 (B) final assembly of the facility or equipment has occurred in

32 the United States; or

33 (4) including domestic material will increase the cost of the overall

34 project by more than 25 percent.

35 (c) LABOR COSTS.—In this section, labor costs involved in final assembly

36 are not included in calculating the cost of components.
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1 § 49102. Restricting contract awards because of discrimina2 tion against United States goods or services

3 A person or enterprise domiciled or operating under the laws of a foreign

4 country may not make a contract or subcontract under section 106(k),

5 44502(a)(2), or 44509, subchapter I of chapter 471 (except sections

6 47106(d) and 47127), or chapter 481 (except sections 48102(e), 48106,

7 48107, and 48110) of this title or subtitle B of title IX of the Omnibus

8 Budget Reconciliation Act of 1990 (Public Law 101–508, 104 Stat. 1388–

9 353) if the government of that country unfairly maintains, in government

10 procurement, a significant and persistent pattern of discrimination against

11 United States goods or services that results in identifiable harm to United

12 States businesses, that the President identifies under section 305(g)(1)(A)

13 of the Trade Agreements Act of 1979 (19 U.S.C. 2515(g)(1)(A)).

14 § 49103. Contract preference for domestic firms

15 (a) DEFINITIONS.—In this section—

16 (1) ‘‘domestic firm’’ means a business entity incorporated, and con17 ducting business, in the United States.

18 (2) ‘‘foreign firm’’ means a business entity not described in clause

19 (1) of this subsection.

20 (b) PREFERENCE.—Subject to subsections (c) and (d) of this section, the

21 Administrator of the Federal Aviation Administration may make, with a do22 mestic firm, a contract related to a grant made under section 44511, 44512,

23 or 44513 of this title that, under competitive procedures, would be made

24 with a foreign firm, if—

25 (1) the Administrator decides, and the Secretary of Commerce and

26 the United States Trade Representative concur, that the public interest

27 requires making the contract with the domestic firm, considering Unit28 ed States international obligations and trade relations;

29 (2) the difference between the bids submitted by the foreign firm and

30 the domestic firm is not more than 6 percent;

31 (3) the final product of the domestic firm will be assembled com32 pletely in the United States; and

33 (4) at least 51 percent of the final product of the domestic firm will

34 be produced in the United States.

35 (c) NONAPPLICATION.—Subsection (b) of this section does not apply if—

36 (1) compelling national security considerations require that sub37 section (b) of this section not apply; or

38 (2) the Trade Representative decides that making the contract would

39 violate the General Agreement on Tariffs and Trade or an international

40 agreement to which the United States is a party.
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1 (d) APPLICATION TO CERTAIN GRANTS.—This section applies only to a

2 contract related to a grant made under section 44511, 44512, or 44513 of

3 this title for which—

4 (1) an amount is authorized by section 48102(a), (b), or (d) of this

5 title to be made available for the fiscal years ending September 30,

6 1991, and September 30, 1992; and

7 (2) a solicitation for bid is issued after November 5, 1990.

8 (e) REPORT.—The Administrator shall submit a report to Congress on—

9 (1) contracts to which this section applies that are made with foreign

10 firms in the fiscal years ending September 30, 1991, and September

11 30, 1992;

12 (2) the number of contracts that meet the requirements of subsection

13 (b) of this section, but that the Trade Representative decides would

14 violate the General Agreement on Tariffs and Trade or an international

15 agreement to which the United States is a party; and

16 (3) the number of contracts made under this section.

17 § 49104. Restriction on airport projects using products or

18 services of foreign countries denying fair market

19 opportunities

20 (a) DEFINITION AND RULES FOR CONSTRUING SECTION.—In this sec21 tion—

22 (1) ‘‘project’’ has the same meaning given that term in section

23 47102 of this title.

24 (2) each foreign instrumentality and each territory and possession of

25 a foreign country administered separately for customs purposes is a

26 separate foreign country.

27 (3) an article substantially produced or manufactured in a foreign

28 country is a product of the country.

29 (4) a service provided by a person that is a national of a foreign

30 country or that is controlled by a national of a foreign country is a

31 service of the country.

32 (b) LIMITATION ON USE OF AVAILABLE AMOUNTS.—(1) An amount

33 made available under subchapter I of chapter 471 of this title (except sec34 tions 47106(d) and 47127) may not be used for a project that uses a prod35 uct or service of a foreign country during any period the country is on the

36 list maintained by the United States Trade Representative under subsection

37 (d)(1) of this section.

38 (2) Paragraph (1) of this subsection does not apply when the Secretary

39 of Transportation decides that—

40 (A) applying paragraph (1) to the product, service, or project is not

41 in the public interest;
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1 (B) a product or service of the same class or type and of satisfactory

2 quality is not produced or offered in the United States, or in a foreign

3 country not listed under subsection (d)(1) of this section, in a sufficient

4 and reasonably available amount; and

5 (C) the project cost will increase by more than 20 percent if the

6 product or service is excluded.

7 (c) DECISIONS ON DENIAL OF FAIR MARKET OPPORTUNITIES.—Not

8 later than 30 days after a report is submitted to Congress under section

9 181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)), the Trade Represent10 ative, for a construction project of more than $500,000 for which the gov11 ernment of a foreign country supplies any part of the amount, shall decide

12 whether the foreign country denies fair market opportunities for products

13 and suppliers of the United States in procurement or for United States bid14 ders. In making the decision, the Trade Representative shall consider infor15 mation obtained in preparing the report and other information the Trade

16 Representative considers relevant.

17 (d) LIST OF COUNTRIES DENYING FAIR MARKET OPPORTUNITIES.—(1)

18 The Trade Representative shall maintain a list of each foreign country the

19 Trade Representative finds under subsection (c) of this section is denying

20 fair market opportunities. The country shall remain on the list until the

21 Trade Representative decides the country provides fair market opportuni22 ties.

23 (2) The Trade Representative shall publish in the Federal Register—

24 (A) annually the list required under paragraph (1) of this subsection;

25 and

26 (B) any modification of the list made before the next list is pub27 lished.

28 § 49105. Fraudulent use of ‘‘Made in America’’ label

29 If the Secretary of Transportation decides that a person intentionally af30 fixed a ‘‘Made in America’’ label to goods sold in or shipped to the United

31 States that are not made in the United States, the Secretary shall declare

32 the person ineligible, for not less than 3 nor more than 5 years, to receive

33 a contract or grant from the United States Government related to a con34 tract made under section 106(k), 44502(a)(2), or 44509, subchapter I of

35 chapter 471 (except sections 47106(d) and 47127), or chapter 481 (except

36 sections 48102(e), 48106, 48107, and 48110) of this title or subtitle B of

37 title IX of the Omnibus Budget Reconciliation Act of 1990 (Public Law

38 101–508, 104 Stat. 1388–353). The Secretary may bring a civil action to

39 enforce this section in any district court of the United States.

40 SUBTITLE VIII—PIPELINES

CHAPTER Sec.

601. SAFETY ........................................................................................................... 60101
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603. USER FEES .................................................................................................... 60301

605. INTERSTATE COMMERCE REGULATION ............................................... 60501

1 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.

2 § 60101. Definitions

3 (a) In this chapter—

4 (1) ‘‘existing liquefied natural gas facility’’—

5 (A) means a liquefied natural gas facility for which an applica6 tion to approve the site, construction, or operation of the facility

7 was filed before March 1, 1978, with—

8 (i) the Federal Energy Regulatory Commission (or any

9 predecessor); or

10 (ii) the appropriate State or local authority, if the facility

11 is not subject to the jurisdiction of the Commission under the

12 Natural Gas Act (15 U.S.C. 717 et seq.); but

13 (B) does not include a facility on which construction is begun

14 after November 29, 1979, without the approval.

15 (2) ‘‘gas’’ means natural gas, flammable gas, or toxic or corrosive

16 gas.

17 (3) ‘‘gas pipeline facility’’ includes a pipeline, a right of way, a facil18 ity, a building, or equipment used in transporting gas or treating gas

19 during its transportation.

20 (4) ‘‘hazardous liquid’’ means—

21 (A) petroleum or a petroleum product; and

22 (B) a substance the Secretary of Transportation decides may

23 pose an unreasonable risk to life or property when transported by
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1 a hazardous liquid pipeline facility in a liquid state (except for liq2 uefied natural gas).

3 (5) ‘‘hazardous liquid pipeline facility’’ includes a pipeline, a right of

4 way, a facility, a building, or equipment used or intended to be used

5 in transporting hazardous liquid.

6 (6) ‘‘interstate gas pipeline facility’’—

7 (A) means a gas pipeline facility—

8 (i) used to transport gas; and

9 (ii) subject to the jurisdiction of the Commission under the

10 Natural Gas Act (15 U.S.C. 717 et seq.); but

11 (B) does not include a gas pipeline facility transporting gas

12 from an interstate gas pipeline in a State to a direct sales cus13 tomer in that State buying gas for its own consumption.

14 (7) ‘‘interstate hazardous liquid pipeline facility’’ means a hazardous

15 liquid pipeline facility used to transport hazardous liquid in interstate

16 or foreign commerce.

17 (8) ‘‘interstate or foreign commerce’’—

18 (A) related to gas, means commerce—

19 (i) between a place in a State and a place outside that

20 State; or

21 (ii) that affects any commerce described in subclause (A)(i)

22 of this clause; and

23 (B) related to hazardous liquid, means commerce between—

24 (i) a place in a State and a place outside that State; or

25 (ii) places in the same State through a place outside the

26 State.

27 (9) ‘‘intrastate gas pipeline facility’’ means—

28 (A) a gas pipeline facility and transportation of gas within a

29 State not subject to the jurisdiction of the Commission under the

30 Natural Gas Act (15 U.S.C. 717 et seq.); and

31 (B) a gas pipeline facility transporting gas from an interstate

32 gas pipeline in a State to a direct sales customer in that State

33 buying gas for its own consumption.

34 (10) ‘‘intrastate hazardous liquid pipeline facility’’ means a hazard35 ous liquid pipeline facility that is not an interstate hazardous liquid

36 pipeline facility.

37 (11) ‘‘liquefied natural gas’’ means natural gas in a liquid or semi38 solid state.

39 (12) ‘‘liquefied natural gas accident’’ means a release, burning, or

40 explosion of liquefied natural gas from any cause, except a release,

41 burning, or explosion that, under regulations prescribed by the Sec-
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1 retary, does not pose a threat to public health or safety, property, or

2 the environment.

3 (13) ‘‘liquefied natural gas conversion’’ means conversion of natural

4 gas into liquefied natural gas or conversion of liquefied natural gas into

5 natural gas.

6 (14) ‘‘liquefied natural gas pipeline facility’’—

7 (A) means a gas pipeline facility used for transporting or stor8 ing liquefied natural gas, or for liquefied natural gas conversion,

9 in interstate or foreign commerce; but

10 (B) does not include any part of a structure or equipment lo11 cated in navigable waters (as defined in section 3 of the Federal

12 Power Act (16 U.S.C. 796)).

13 (15) ‘‘municipality’’ means a political subdivision of a State.

14 (16) ‘‘new liquefied natural gas pipeline facility’’ means a liquefied

15 natural gas pipeline facility except an existing liquefied natural gas

16 pipeline facility.

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

18 (except as to societies), includes a State, a municipality, and a trustee,

19 receiver, assignee, or personal representative of a person.

20 (18) ‘‘pipeline facility’’ means a gas pipeline facility and a hazardous

21 liquid pipeline facility.

22 (19) ‘‘pipeline transportation’’ means transporting gas and trans23 porting hazardous liquid.

24 (20) ‘‘State’’ means a State of the United States, the District of Co25 lumbia, and Puerto Rico.

26 (21) ‘‘transporting gas’’—

27 (A) means the gathering, transmission, or distribution of gas by

28 pipeline, or the storage of gas, in interstate or foreign commerce;

29 but

30 (B) does not include gathering gas in a rural area outside a

31 populated area designated by the Secretary as a nonrural area.

32 (22) ‘‘transporting hazardous liquid’’—

33 (A) means the movement of hazardous liquid by pipeline, or the

34 storage of hazardous liquid incidental to the movement of hazard35 ous liquid by pipeline, in or affecting interstate or foreign com36 merce; but

37 (B) does not include moving hazardous liquid through—

38 (i) gathering lines in a rural area;

39 (ii) onshore production, refining, or manufacturing facili40 ties; or
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1 (iii) storage or in-plant piping systems associated with on2 shore production, refining, or manufacturing facilities.

3 (b) GATHERING LINES.—(1)(A) Not later than October 24, 1994, the

4 Secretary shall define by regulation the term ‘‘gathering line’’.

5 (B) In defining ‘‘gathering line’’ for gas, the Secretary—

6 (i) shall consider functional and operational characteristics of the

7 lines to be included in the definition; and

8 (ii) is not bound by a classification the Commission establishes under

9 the Natural Gas Act (15 U.S.C. 717 et seq.).

10 (2)(A) Not later than October 24, 1995, the Secretary shall define by

11 regulation the term ‘‘regulated gathering line’’. In defining the term, the

12 Secretary shall consider factors such as location, length of line from the well

13 site, operating pressure, throughput, and the composition of the transported

14 gas or hazardous liquid, as appropriate, in deciding on the types of lines

15 that functionally are gathering but should be regulated under this chapter

16 because of specific physical characteristics.

17 (B)(i) The Secretary also shall consider diameter when defining ‘‘regu18 lated gathering line’’ for hazardous liquid.

19 (ii) The definition of ‘‘regulated gathering line’’ for hazardous liquid may

20 not include a crude oil gathering line that has a nominal diameter of not

21 more than 6 inches, is operated at low pressure, and is located in a rural

22 area that is not unusually sensitive to environmental damage.

23 § 60102. General authority

24 (a)(1) MINIMUM SAFETY STANDARDS.—The Secretary of Transportation

25 shall prescribe minimum safety standards for pipeline transportation and

26 for pipeline facilities. The standards—

27 (A) apply to transporters of gas and hazardous liquid and to owners

28 and operators of pipeline facilities;

29 (B) may apply to the design, installation, inspection, emergency

30 plans and procedures, testing, construction, extension, operation, re31 placement, and maintenance of pipeline facilities; and

32 (C) shall include a requirement that all individuals responsible for

33 the operation and maintenance of pipeline facilities be tested for quali34 fications and certified to operate and maintain those facilities.

35 (2) As the Secretary considers appropriate, the operator of a pipeline fa36 cility may make the certification under paragraph (1)(C) of this subsection.

37 Testing and certification under paragraph (1)(C) shall address the ability

38 to recognize and react appropriately to abnormal operating conditions that

39 may indicate a dangerous situation or a condition exceeding design limits.

40 (b) PRACTICABILITY AND SAFETY NEEDS STANDARDS.—A standard pre41 scribed under subsection (a) of this section shall be practicable and designed
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1 to meet the need for gas pipeline safety, for safely transporting hazardous

2 liquid, and for protecting the environment. Except as provided in section

3 60103 of this title, when prescribing the standard the Secretary shall con4 sider—

5 (1) relevant available—

6 (A) gas pipeline safety information; or

7 (B) hazardous liquid pipeline information;

8 (2) the appropriateness of the standard for the particular type of

9 pipeline transportation or facility;

10 (3) the reasonableness of the standard; and

11 (4) the extent to which the standard will contribute to public safety

12 and the protection of the environment.

13 (c) PUBLIC SAFETY PROGRAM REQUIREMENTS.—(1) The Secretary shall

14 include in the standards prescribed under subsection (a) of this section a

15 requirement that an operator of a gas pipeline facility participate in a public

16 safety program that—

17 (A) notifies an operator of proposed demolition, excavation, tunnel18 ing, or construction near or affecting the facility;

19 (B) requires an operator to identify a pipeline facility that may be

20 affected by the proposed demolition, excavation, tunneling, or construc21 tion, to prevent damaging the facility; and

22 (C) the Secretary decides will protect a facility adequately against

23 a hazard caused by demolition, excavation, tunneling, or construction.

24 (2) To the extent a public safety program referred to in paragraph (1)

25 of this subsection is not available, the Secretary shall prescribe standards

26 requiring an operator to take action the Secretary prescribes to provide

27 services comparable to services that would be available under a public safety

28 program.

29 (3) The Secretary may include in the standards prescribed under sub30 section (a) of this section a requirement that an operator of a hazardous

31 liquid pipeline facility participate in a public safety program meeting the re32 quirements of paragraph (1) of this subsection or maintain and carry out

33 a damage prevention program that provides services comparable to services

34 that would be available under a public safety program.

35 (d) FACILITY OPERATION INFORMATION STANDARDS.—The Secretary

36 shall prescribe minimum standards requiring an operator of a pipeline facil37 ity subject to this chapter to maintain, to the extent practicable, information

38 related to operating the facility and, when requested, to provide the infor39 mation to the Secretary and an appropriate State official. The information

40 shall include—
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1 (1) the business name, address, and telephone number, including an

2 operations emergency telephone number, of the operator;

3 (2) accurate maps and a supplementary geographic description, in4 cluding an identification of areas described in regulations prescribed

5 under section 60109 of this title, that show the location in the State

6 of—

7 (A) major gas pipeline facilities of the operator, including trans8 mission lines and significant distribution lines; and

9 (B) major hazardous liquid pipeline facilities of the operator;

10 (3) a description of—

11 (A) the characteristics of the operator’s pipelines in the State;

12 and

13 (B) products transported through the operator’s pipelines in the

14 State;

15 (4) the manual that governs operating and maintaining pipeline fa16 cilities in the State;

17 (5) an emergency response plan describing the operator’s procedures

18 for responding to and containing releases, including—

19 (A) identifying specific action the operator will take on discover20 ing a release;

21 (B) liaison procedures with State and local authorities for emer22 gency response; and

23 (C) communication and alert procedures for immediately notify24 ing State and local officials at the time of a release; and

25 (6) other information the Secretary considers useful to inform a

26 State of the presence of pipeline facilities and operations in the State.

27 (e) PIPE INVENTORY STANDARDS.—The Secretary shall prescribe mini28 mum standards requiring an operator of a pipeline facility subject to this

29 chapter and, to the extent the Secretary considers necessary, an operator

30 of a gathering line that is not a regulated gathering line (as defined under

31 section 60101(b)(2) of this title), to maintain for the Secretary, to the ex32 tent practicable, an inventory with appropriate information about the types

33 of pipe used for the transmission of gas or hazardous liquid, as appropriate,

34 in the operator’s system and additional information, including the material’s

35 history and the leak history of the pipe. The inventory—

36 (1) for a gas pipeline facility, shall include an identification of each

37 facility passing through an area described in regulations prescribed

38 under section 60109 of this title but shall exclude equipment used with

39 the compression of gas; and

40 (2) for a hazardous liquid pipeline facility, shall include an identifica41 tion of each facility and gathering line passing through an area de-
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1 scribed in regulations prescribed under section 60109 of this title,

2 whether the facility or gathering line otherwise is subject to this chap3 ter, but shall exclude equipment associated only with the pipeline

4 pumps or storage facilities.

5 (f) STANDARDS AS ACCOMMODATING ‘‘SMART PIGS’’.—(1) The Secretary

6 shall prescribe minimum safety standards requiring that the design and con7 struction of a new gas pipeline transmission facility or hazardous liquid

8 pipeline facility, and the required replacement of an existing gas pipeline

9 transmission facility, hazardous liquid pipeline facility, or equipment, be car10 ried out, to the extent practicable, in a way that accommodates the passage

11 through the facility of an instrumented internal inspection device (commonly

12 referred to as a ‘‘smart pig’’). The Secretary may apply the standard to an

13 existing gas or hazardous liquid transmission facility and require the facility

14 to be changed to allow the facility to be inspected with an instrumented in15 ternal inspection device if the basic construction of the facility will accom16 modate the device.

17 (2) Not later than October 24, 1995, the Secretary shall prescribe regula18 tions requiring the periodic inspection of each pipeline the operator of the

19 pipeline identifies under section 60109 of this title. The regulations shall

20 include any circumstances under which an inspection shall be conducted

21 with an instrumented internal inspection device and, if the device is not re22 quired, use of an inspection method that is at least as effective as using

23 the device in providing for the safety of the pipeline.

24 (g) EFFECTIVE DATES.—A standard prescribed under this section and

25 section 60110 of this title is effective on the 30th day after the Secretary

26 prescribes the standard. However, the Secretary for good cause may pre27 scribe a different effective date when required because of the time reason28 ably necessary to comply with the standard. The different date must be

29 specified in the regulation prescribing the standard.

30 (h) SAFETY CONDITION REPORTS.—(1) The Secretary shall prescribe

31 regulations requiring each operator of a pipeline facility (except a master

32 meter) to submit to the Secretary a written report on any—

33 (A) condition that is a hazard to life, property, or the environment;

34 and

35 (B) safety-related condition that causes or has caused a significant

36 change or restriction in the operation of a pipeline facility.

37 (2) The Secretary must receive the report not later than 5 working days

38 after a representative of a person to which this section applies first estab39 lishes that the condition exists. Notice of the condition shall be given con40 currently to appropriate State authorities.
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1 (i) CARBON DIOXIDE REGULATION.—The Secretary shall regulate carbon

2 dioxide transported by a hazardous liquid pipeline facility. The Secretary

3 shall prescribe regulations related to hazardous liquid to ensure the safe

4 transportation of carbon dioxide by such a facility.

5 (j) EMERGENCY FLOW RESTRICTING DEVICES.—(1) Not later than Octo6 ber 24, 1994, the Secretary shall survey and assess the effectiveness of

7 emergency flow restricting devices (including remotely controlled valves and

8 check valves) and other procedures, systems, and equipment used to detect

9 and locate hazardous liquid pipeline ruptures and minimize product releases

10 from hazardous liquid pipeline facilities.

11 (2) Not later than 2 years after the survey and assessment are completed,

12 the Secretary shall prescribe regulations on the circumstances under which

13 an operator of a hazardous liquid pipeline facility must use an emergency

14 flow restricting device or other procedure, system, or equipment described

15 in paragraph (1) of this subsection on the facility.

16 (k) PROHIBITION AGAINST LOW INTERNAL STRESS EXCEPTION.—The

17 Secretary may not provide an exception to this chapter for a hazardous liq18 uid pipeline facility only because the facility operates at low internal stress.

19 § 60103. Standards for liquefied natural gas pipeline facili20 ties

21 (a) LOCATION STANDARDS.—The Secretary of Transportation shall pre22 scribe minimum safety standards for deciding on the location of a new lique23 fied natural gas pipeline facility. In prescribing a standard, the Secretary

24 shall consider the—

25 (1) kind and use of the facility;

26 (2) existing and projected population and demographic characteris27 tics of the location;

28 (3) existing and proposed land use near the location;

29 (4) natural physical aspects of the location;

30 (5) medical, law enforcement, and fire prevention capabilities near

31 the location that can cope with a risk caused by the facility; and

32 (6) need to encourage remote siting.

33 (b) DESIGN, INSTALLATION, CONSTRUCTION, INSPECTION, AND TESTING

34 STANDARDS.—The Secretary of Transportation shall prescribe minimum

35 safety standards for designing, installing, constructing, initially inspecting,

36 and initially testing a new liquefied natural gas pipeline facility. When pre37 scribing a standard, the Secretary shall consider—

38 (1) the characteristics of material to be used in constructing the fa39 cility and of alternative material;

40 (2) design factors;
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1 (3) the characteristics of the liquefied natural gas to be stored or

2 converted at, or transported by, the facility; and

3 (4) the public safety factors of the design and of alternative designs,

4 particularly the ability to prevent and contain a liquefied natural gas

5 spill.

6 (c) NONAPPLICATION.—(1) Except as provided in paragraph (2) of this

7 subsection, a design, location, installation, construction, initial inspection, or

8 initial testing standard prescribed under this chapter after March 1, 1978,

9 does not apply to an existing liquefied natural gas pipeline facility if the

10 standard is to be applied because of authority given—

11 (A) under this chapter; or

12 (B) under another law, and the standard is not prescribed at the

13 time the authority is applied.

14 (2)(A) Any design, installation, construction, initial inspection, or initial

15 testing standard prescribed under this chapter after March 1, 1978, may

16 provide that the standard applies to any part of a replacement component

17 of a liquefied natural gas pipeline facility if the component or part is placed

18 in service after the standard is prescribed and application of the standard—

19 (i) does not make the component or part incompatible with other

20 components or parts; or

21 (ii) is not impracticable otherwise.

22 (B) Any location standard prescribed under this chapter after March 1,

23 1978, does not apply to any part of a replacement component of an existing

24 liquefied natural gas pipeline facility.

25 (3) A design, installation, construction, initial inspection, or initial testing

26 standard does not apply to a liquefied natural gas pipeline facility existing

27 when the standard is adopted.

28 (d) OPERATION AND MAINTENANCE STANDARDS.—The Secretary of

29 Transportation shall prescribe minimum operating and maintenance stand30 ards for a liquefied natural gas pipeline facility. In prescribing a standard,

31 the Secretary shall consider—

32 (1) the conditions, features, and type of equipment and structures

33 that make up or are used in connection with the facility;

34 (2) the fire prevention and containment equipment at the facility;

35 (3) security measures to prevent an intentional act that could cause

36 a liquefied natural gas accident;

37 (4) maintenance procedures and equipment;

38 (5) the training of personnel in matters specified by this subsection;

39 and

40 (6) other factors and conditions related to the safe handling of lique41 fied natural gas.
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1 (e) EFFECTIVE DATES.—A standard prescribed under this section is ef2 fective on the 30th day after the Secretary of Transportation prescribes the

3 standard. However, the Secretary for good cause may prescribe a different

4 effective date when required because of the time reasonably necessary to

5 comply with the standard. The different date must be specified in the regu6 lation prescribing the standard.

7 (f) CONTINGENCY PLANS.—A new liquefied natural gas pipeline facility

8 may be operated only after the operator submits an adequate contingency

9 plan that states the action to be taken if a liquefied natural gas accident

10 occurs. The Secretary of Energy or appropriate State or local authority

11 shall decide if the plan is adequate.

12 (g) EFFECT ON OTHER STANDARDS.—This section does not preclude ap13 plying a standard prescribed under section 60102 of this title to a gas pipe14 line facility (except a liquefied natural gas pipeline facility) associated with

15 a liquefied natural gas pipeline facility.

16 § 60104. Requirements and limitations

17 (a) OPPORTUNITY TO PRESENT VIEWS.—The Secretary of Transpor18 tation shall give an interested person an opportunity to make oral and writ19 ten presentations of information, views, and arguments when prescribing a

20 standard under this chapter.

21 (b) NONAPPLICATION.—A design, installation, construction, initial inspec22 tion, or initial testing standard does not apply to a pipeline facility existing

23 when the standard is adopted.

24 (c) PREEMPTION.—A State authority that has submitted a current certifi25 cation under section 60105(a) of this title may adopt additional or more

26 stringent safety standards for intrastate pipeline facilities and intrastate

27 pipeline transportation only if those standards are compatible with the mini28 mum standards prescribed under this chapter. A State authority may not

29 adopt or continue in force safety standards for interstate pipeline facilities

30 or interstate pipeline transportation.

31 (d) CONSULTATION.—(1) When continuity of gas service is affected by

32 prescribing a standard or waiving compliance with standards under this

33 chapter, the Secretary of Transportation shall consult with and advise the

34 Federal Energy Regulatory Commission or a State authority having juris35 diction over the affected gas pipeline facility before prescribing the standard

36 or waiving compliance. The Secretary shall delay the effective date of the

37 standard or waiver until the Commission or State authority has a reason38 able opportunity to grant an authorization it considers necessary.

39 (2) In a proceeding under section 3 or 7 of the Natural Gas Act (15

40 U.S.C. 717b or 717f), each applicant for authority to import natural gas

41 or to establish, construct, operate, or extend a gas pipeline facility subject
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1 to an applicable safety standard shall certify that it will design, install, in2 spect, test, construct, operate, replace, and maintain a gas pipeline facility

3 under those standards and plans for inspection and maintenance under sec4 tion 60108 of this title. The certification is binding on the Secretary of En5 ergy and the Commission except when an appropriate enforcement agency

6 has given timely written notice to the Commission that the applicant has

7 violated a standard prescribed under this chapter.

8 (e) LOCATION AND ROUTING OF FACILITIES.—This chapter does not au9 thorize the Secretary of Transportation to prescribe the location or routing

10 of a pipeline facility.

11 § 60105. State certifications

12 (a) GENERAL REQUIREMENTS AND SUBMISSION.—Except as provided in

13 this section and sections 60114 and 60121 of this title, the Secretary of

14 Transportation may not prescribe or enforce safety standards and practices

15 for an intrastate pipeline facility or intrastate pipeline transportation to the

16 extent that the safety standards and practices are regulated by a State au17 thority (including a municipality if the standards and practices apply to

18 intrastate gas pipeline transportation) that submits to the Secretary annu19 ally a certification for the facilities and transportation that complies with

20 subsections (b) and (c) of this section.

21 (b) CONTENTS.—Each certification submitted under subsection (a) of this

22 section shall state that the State authority—

23 (1) has regulatory jurisdiction over the standards and practices to

24 which the certification applies;

25 (2) has adopted, by the date of certification, each applicable stand26 ard prescribed under this chapter or, if a standard under this chapter

27 was prescribed not later than 120 days before certification, is taking

28 steps to adopt that standard;

29 (3) is enforcing each adopted standard through ways that include in30 spections conducted by State employees meeting the qualifications the

31 Secretary prescribes under section 60107(d)(1)(C) of this title;

32 (4) is encouraging and promoting programs designed to prevent

33 damage by demolition, excavation, tunneling, or construction activity to

34 the pipeline facilities to which the certification applies;

35 (5) may require record maintenance, reporting, and inspection sub36 stantially the same as provided under section 60117 of this title;

37 (6) may require that plans for inspection and maintenance under

38 section 60108 (a) and (b) of this title be filed for approval; and

39 (7) may enforce safety standards of the authority under a law of the

40 State by injunctive relief and civil penalties substantially the same as
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1 provided under sections 60120 and 60122(a)(1) and (b)–(f) of this

2 title.

3 (c) REPORTS.—(1) Each certification submitted under subsection (a) of

4 this section shall include a report that contains—

5 (A) the name and address of each person to whom the certification

6 applies that is subject to the safety jurisdiction of the State authority;

7 (B) each accident or incident reported during the prior 12 months

8 by that person involving a fatality, personal injury requiring hos9 pitalization, or property damage or loss of more than an amount the

10 Secretary establishes (even if the person sustaining the fatality, per11 sonal injury, or property damage or loss is not subject to the safety

12 jurisdiction of the authority), any other accident the authority consid13 ers significant, and a summary of the investigation by the authority of

14 the cause and circumstances surrounding the accident or incident;

15 (C) the record maintenance, reporting, and inspection practices con16 ducted by the authority to enforce compliance with safety standards

17 prescribed under this chapter to which the certification applies, includ18 ing the number of inspections of pipeline facilities the authority made

19 during the prior 12 months; and

20 (D) any other information the Secretary requires.

21 (2) The report included in the first certification submitted under sub22 section (a) of this section is only required to state information available at

23 the time of certification.

24 (d) APPLICATION.—A certification in effect under this section does not

25 apply to safety standards prescribed under this chapter after the date of

26 certification. This chapter applies to each applicable safety standard pre27 scribed after the date of certification until the State authority adopts the

28 standard and submits the appropriate certification to the Secretary under

29 subsection (a) of this section.

30 (e) MONITORING.—The Secretary may monitor a safety program estab31 lished under this section to ensure that the program complies with the cer32 tification. A State authority shall cooperate with the Secretary under this

33 subsection.

34 (f) REJECTIONS OF CERTIFICATION.—If after receiving a certification the

35 Secretary decides the State authority is not enforcing satisfactorily compli36 ance with applicable safety standards prescribed under this chapter, the

37 Secretary may reject the certification, assert United States Government ju38 risdiction, or take other appropriate action to achieve adequate enforcement.

39 The Secretary shall give the authority notice and an opportunity for a hear40 ing before taking final action under this subsection. When notice is given,
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1 the burden of proof is on the authority to demonstrate that it is enforcing

2 satisfactorily compliance with the prescribed standards.

3 § 60106. State agreements

4 (a) GENERAL AUTHORITY.—If the Secretary of Transportation does not

5 receive a certification under section 60105 of this title, the Secretary may

6 make an agreement with a State authority (including a municipality if the

7 agreement applies to intrastate gas pipeline transportation) authorizing it

8 to take necessary action. Each agreement shall—

9 (1) establish an adequate program for record maintenance, reporting,

10 and inspection designed to assist compliance with applicable safety

11 standards prescribed under this chapter; and

12 (2) prescribe procedures for approval of plans of inspection and

13 maintenance substantially the same as required under section 60108

14 (a) and (b) of this title.

15 (b) NOTIFICATION.—Each agreement shall require the State authority to

16 notify the Secretary promptly of a violation or probable violation of an ap17 plicable safety standard discovered as a result of action taken in carrying

18 out an agreement under this section.

19 (c) MONITORING.—The Secretary may monitor a safety program estab20 lished under this section to ensure that the program complies with the

21 agreement. A State authority shall cooperate with the Secretary under this

22 subsection.

23 (d) ENDING AGREEMENTS.—The Secretary may end an agreement made

24 under this section when the Secretary finds that the State authority has not

25 complied with any provision of the agreement. The Secretary shall give the

26 authority notice and an opportunity for a hearing before ending an agree27 ment. The finding and decision to end the agreement shall be published in

28 the Federal Register and may not become effective for at least 15 days after

29 the date of publication.

30 § 60107. State grants

31 (a) GENERAL AUTHORITY.—If a State authority files an application not

32 later than September 30 of a calendar year, the Secretary of Transportation

33 shall pay not more than 50 percent of the cost of the personnel, equipment,

34 and activities the authority reasonably requires during the next calendar

35 year—

36 (1) to carry out a safety program under a certification under section

37 60105 of this title or an agreement under section 60106 of this title;

38 or

39 (2) to act as an agent of the Secretary on interstate gas pipeline fa40 cilities or interstate hazardous liquid pipeline facilities.
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1 (b) PAYMENTS.—After notifying and consulting with a State authority,

2 the Secretary may withhold any part of a payment when the Secretary de3 cides that the authority is not carrying out satisfactorily a safety program

4 or not acting satisfactorily as an agent. The Secretary may pay an authority

5 under this section only when the authority ensures the Secretary that it will

6 provide the remaining costs of a safety program and that the total State

7 amount spent for a safety program (excluding grants of the United States

8 Government) will at least equal the average amount spent—

9 (1) for a gas safety program, for the fiscal years that ended June

10 30, 1967, and June 30, 1968; and

11 (2) for a hazardous liquid safety program, for the fiscal years that

12 ended September 30, 1978, and September 30, 1979.

13 (c) APPORTIONMENT AND METHOD OF PAYMENT.—The Secretary shall

14 apportion the amount appropriated to carry out this section among the

15 States. A payment may be made under this section in installments, in ad16 vance, or on a reimbursable basis.

17 (d) ADDITIONAL AUTHORITY AND CONSIDERATIONS.—(1) The Secretary

18 may prescribe—

19 (A) the form of, and way of filing, an application under this section;

20 (B) reporting and fiscal procedures the Secretary considers necessary

21 to ensure the proper accounting of money of the Government; and

22 (C) qualifications for a State to meet to receive a payment under this

23 section, including qualifications for State employees who perform in24 spection activities under section 60105 or 60106 of this title.

25 (2) The qualifications prescribed under paragraph (1)(C) of this sub26 section may—

27 (A) consider the experience and training of the employee;

28 (B) order training or other requirements; and

29 (C) provide for approval of qualifications on a conditional basis until

30 specified requirements are met.

31 § 60108. Inspection and maintenance

32 (a) PLANS.—(1) Each person transporting gas or hazardous liquid or

33 owning or operating an intrastate gas pipeline facility or hazardous liquid

34 pipeline facility shall carry out a current written plan (including any

35 changes) for inspection and maintenance of each facility used in the trans36 portation and owned or operated by the person. A copy of the plan shall

37 be kept at any office of the person the Secretary of Transportation consid38 ers appropriate. The Secretary also may require a person transporting gas

39 or hazardous liquid or owning or operating a pipeline facility subject to this

40 chapter to file a plan for inspection and maintenance for approval.
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1 (2) If the Secretary or a State authority responsible for enforcing stand2 ards prescribed under this chapter decides that a plan required under para3 graph (1) of this subsection is inadequate for safe operation, the Secretary

4 or authority shall require the person to revise the plan. Revision may be

5 required only after giving notice and an opportunity for a hearing. A plan

6 required under paragraph (1) must be practicable and designed to meet the

7 need for pipeline safety and must include terms designed to enhance the

8 ability to discover safety-related conditions described in section 60102(h)(1)

9 of this title. In deciding on the adequacy of a plan, the Secretary or author10 ity shall consider—

11 (A) relevant available pipeline safety information;

12 (B) the appropriateness of the plan for the particular kind of pipe13 line transportation or facility;

14 (C) the reasonableness of the plan; and

15 (D) the extent to which the plan will contribute to public safety and

16 the protection of the environment.

17 (3) A plan required under this subsection shall be made available to the

18 Secretary or State authority on request under section 60117 of this title.

19 (b) INSPECTION AND TESTING.—(1) The Secretary shall inspect and re20 quire appropriate testing of a pipeline facility subject to this chapter that

21 is not covered by a certification under section 60105 of this title or an

22 agreement under section 60106 of this title. The Secretary shall decide on

23 the frequency and type of inspection and testing under this subsection on

24 a case-by-case basis after considering the following:

25 (A) the location of the pipeline facility.

26 (B) the type, size, age, manufacturer, method of construction, and

27 condition of the pipeline facility.

28 (C) the nature and volume of material transported through the pipe29 line facility.

30 (D) the pressure at which that material is transported.

31 (E) climatic, geologic, and seismic characteristics (including soil

32 characteristics) and conditions of the area in which the pipeline facility

33 is located.

34 (F) existing and projected population and demographic characteris35 tics of the area in which the pipeline facility is located.

36 (G) for a hazardous liquid pipeline facility, the proximity of the area

37 in which the facility is located to an area that is unusually sensitive

38 to environmental damage.

39 (H) the frequency of leaks.

40 (I) other factors the Secretary decides are relevant to the safety of

41 pipeline facilities.
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1 (2) To the extent and in amounts provided in advance in an appropriation

2 law, the Secretary shall decide on the frequency of inspection under para3 graph (1) of this subsection. However, an inspection must occur at least

4 once every 2 years. The Secretary may reduce the frequency of an inspec5 tion of a master meter system.

6 (3) Testing under this subsection shall use the most appropriate tech7 nology practicable.

8 (c) PIPELINE FACILITIES OFFSHORE AND IN NAVIGABLE WATERS.—(1)

9 In this subsection—

10 (A) ‘‘abandoned’’ means permanently removed from service.

11 (B) ‘‘pipeline facility’’ includes an underwater abandoned pipeline fa12 cility.

13 (C) if a pipeline facility has no operator, the most recent operator

14 of the facility is deemed to be the operator of the facility.

15 (2)(A) Not later than May 16, 1993, on the basis of experience with the

16 inspections under section 3(h)(1)(A) of the Natural Gas Pipeline Safety Act

17 of 1968 or section 203(l)(1)(A) of the Hazardous Liquid Pipeline Safety

18 Act of 1979, as appropriate, and any other information available to the Sec19 retary, the Secretary shall establish a mandatory, systematic, and, where

20 appropriate, periodic inspection program of—

21 (i) all offshore pipeline facilities; and

22 (ii) any other pipeline facility crossing under, over, or through navi23 gable waters (as defined by the Secretary) if the Secretary decides that

24 the location of the facility in those navigable waters could pose a haz25 ard to navigation or public safety.

26 (B) In prescribing regulations to carry out subparagraph (A) of this para27 graph—

28 (i) the Secretary shall identify what is a hazard to navigation with

29 respect to an underwater abandoned pipeline facility; and

30 (ii) for an underwater pipeline facility abandoned after October 24,

31 1992, the Secretary shall include requirements that will lessen the po32 tential that the facility will pose a hazard to navigation and shall con33 sider the relationship between water depth and navigational safety and

34 factors relevant to the local marine environment.

35 (3)(A) The Secretary shall establish by regulation a program requiring

36 an operator of a pipeline facility described in paragraph (2) of this sub37 section to report a potential or existing navigational hazard involving that

38 pipeline facility to the Secretary through the appropriate Coast Guard of39 fice.

40 (B) The operator of a pipeline facility described in paragraph (2) of this

41 subsection that discovers any part of the pipeline facility that is a hazard
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1 to navigation shall mark the location of the hazardous part with a Coast2 Guard-approved marine buoy or marker and immediately shall notify the

3 Secretary as provided by the Secretary under subparagraph (A) of this

4 paragraph. A marine buoy or marker used under this subparagraph is

5 deemed a pipeline sign or right-of-way marker under section 60123(c) of

6 this title.

7 (4)(A) The Secretary shall require by regulation that each pipeline facility

8 described in paragraph (2) of this subsection that is a hazard to navigation

9 is buried not later than 6 months after the date the condition of the facility

10 is reported to the Secretary. The Secretary may extend that 6-month period

11 for a reasonable period to ensure compliance with this paragraph.

12 (B) In prescribing regulations for subparagraph (A) of this paragraph for

13 an underwater pipeline facility abandoned after October 24, 1992, the Sec14 retary shall include requirements that will lessen the potential that the facil15 ity will pose a hazard to navigation and shall consider the relationship be16 tween water depth and navigational safety and factors relevant to the local

17 marine environment.

18 (5)(A) Not later than October 24, 1994, the Secretary shall establish

19 standards on what is an exposed offshore pipeline facility and what is a haz20 ard to navigation under this subsection.

21 (B) Not later than 6 months after the Secretary establishes standards

22 under subparagraph (A) of this paragraph, or October 24, 1995, whichever

23 occurs first, the operator of each offshore pipeline facility not described in

24 section 3(h)(1)(A) of the Natural Gas Pipeline Safety Act of 1968 or sec25 tion 203(l)(1)(A) of the Hazardous Liquid Pipeline Safety Act of 1979, as

26 appropriate, shall inspect the facility and report to the Secretary on any

27 part of the facility that is exposed or is a hazard to navigation. This sub28 paragraph applies only to a facility that is between the high water mark

29 and the point at which the subsurface is under 15 feet of water, as meas30 ured from mean low water. An inspection that occurred after October 3,

31 1989, may be used for compliance with this subparagraph if the inspection

32 conforms to the requirements of this subparagraph.

33 (C) The Secretary may extend the time period specified in subparagraph

34 (B) of this paragraph for not more than 6 months if the operator of a facil35 ity satisfies the Secretary that the operator has made a good faith effort,

36 with reasonable diligence, but has been unable to comply by the end of that

37 period.

38 (6)(A) The operator of a pipeline facility abandoned after October 24,

39 1992, shall report the abandonment to the Secretary in a way that specifies

40 whether the facility has been abandoned properly according to applicable

41 United States Government and State requirements.
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1 (B) Not later than October 24, 1995, the operator of a pipeline facility

2 abandoned before October 24, 1992, shall report to the Secretary reasonably

3 available information related to the facility, including information that a

4 third party possesses. The information shall include the location, size, date,

5 and method of abandonment, whether the facility has been abandoned prop6 erly under applicable law, and other relevant information the Secretary may

7 require. Not later than April 24, 1994, the Secretary shall specify how the

8 information shall be reported. The Secretary shall ensure that the Govern9 ment maintains the information in a way accessible to appropriate Govern10 ment agencies and State authorities.

11 (C) The Secretary shall request that a State authority having information

12 on a collision between a vessel and an underwater pipeline facility report

13 the information to the Secretary in a timely way and make a reasonable

14 effort to specify the location, date, and severity of the collision. Chapter 35

15 of title 44 does not apply to this subparagraph.

16 (7) The Secretary may not exempt from this chapter an offshore hazard17 ous liquid pipeline facility only because the pipeline facility transfers hazard18 ous liquid in an underwater pipeline between a vessel and an onshore facil19 ity.

20 (d) REPLACING CAST IRON GAS PIPELINES.—(1) The Secretary shall

21 publish a notice on the availability of industry guidelines, developed by the

22 Gas Piping Technology Committee, for replacing cast iron pipelines. Not

23 later than 2 years after the guidelines become available, the Secretary shall

24 conduct a survey of gas pipeline operators with cast iron pipe in their sys25 tems to establish—

26 (A) the extent to which each operator has adopted a plan for the

27 safe management and replacement of cast iron;

28 (B) the elements of the plan, including the anticipated rate of re29 placement; and

30 (C) the progress that has been made.

31 (2) Chapter 35 of title 44 does not apply to the conduct of the survey.

32 (3) This subsection does not prevent the Secretary from developing Gov33 ernment guidelines or regulations for cast iron gas pipelines as the Sec34 retary considers appropriate.

35 § 60109. High-density population areas and environmentally

36 sensitive areas

37 (a) IDENTIFICATION REQUIREMENTS.—Not later than October 24, 1994,

38 the Secretary of Transportation shall prescribe regulations that—

39 (1) establish criteria for identifying—
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1 (A) by operators of gas pipeline facilities, each gas pipeline fa2 cility (except a natural gas distribution line) located in a high-den3 sity population area; and

4 (B) by operators of hazardous liquid pipeline facilities and gath5 ering lines—

6 (i) each hazardous liquid pipeline facility, whether other7 wise subject to this chapter, that crosses a navigable water8 way (as the Secretary defines by regulation) or that is located

9 in an area described in the criteria as a high-density popu10 lation area; and

11 (ii) each hazardous liquid pipeline facility and gathering

12 line, whether otherwise subject to this chapter, located in an

13 area that the Secretary, in consultation with the Adminis14 trator of the Environmental Protection Agency, describes as

15 unusually sensitive to environmental damage if there is a haz16 ardous liquid pipeline accident; and

17 (2) provide that the identification be carried out through the inven18 tory required under section 60102(c) of this title.

19 (b) AREAS TO BE INCLUDED AS UNUSUALLY SENSITIVE.—When describ20 ing an area that is unusually sensitive to environmental damage if there is

21 a hazardous liquid pipeline accident, the Secretary shall consider includ22 ing—

23 (1) earthquake zones and areas subject to landslides and other sub24 stantial ground movements;

25 (2) areas of likely ground water contamination if a hazardous liquid

26 pipeline facility ruptures;

27 (3) freshwater lakes, rivers, and waterways; and

28 (4) river deltas and other areas subject to soil erosion or subsidence

29 from flooding or other water action where a hazardous liquid pipeline

30 facility is likely to become exposed or undermined.

31 § 60110. Excess flow valves

32 (a) APPLICATION.—This section applies only to—

33 (1) a natural gas distribution system installed after the effective date

34 of regulations prescribed under this section; and

35 (2) any other natural gas distribution system when repair to the sys36 tem requires replacing a part to accommodate installing excess flow

37 valves.

38 (b) INSTALLATION REQUIREMENTS AND CONSIDERATIONS.—Not later

39 than April 24, 1994, the Secretary of Transportation shall prescribe regula40 tions on the circumstances under which an operator of a natural gas dis-
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1 tribution system must install excess flow valves in the system. The Secretary

2 shall consider—

3 (1) the system design pressure;

4 (2) the system operating pressure;

5 (3) the types of customers to which the distribution system supplies

6 gas, including hospitals, schools, and commercial enterprises;

7 (4) the technical feasibility and cost of installing the valve;

8 (5) the public safety benefits of installing the valve;

9 (6) the location of customer meters; and

10 (7) other factors the Secretary considers relevant.

11 (c) NOTIFICATION OF AVAILABILITY.—(1) Not later than October 24,

12 1994, the Secretary shall prescribe regulations requiring an operator of a

13 natural gas distribution system to notify in writing its customers having

14 lines in which excess flow valves are not required by law but can be installed

15 according to the standards prescribed under subsection (e) of this section,

16 of—

17 (A) the availability of excess flow valves for installation in the sys18 tem;

19 (B) safety benefits to be derived from installation; and

20 (C) costs associated with installation.

21 (2) The regulations shall provide that, except when installation is required

22 under subsection (b) of this section, excess flow valves shall be installed at

23 the request of the customer if the customer will pay all costs associated with

24 installation.

25 (d) REPORT.—If the Secretary decides under subsection (b) of this sec26 tion that there are no circumstances under which an operator must install

27 excess flow valves, the Secretary shall submit to Congress a report on the

28 reasons for the decision not later than 30 days after the decision is made.

29 (e) PERFORMANCE STANDARDS.—Not later than April 24, 1994, the Sec30 retary shall develop standards for the performance of excess flow valves

31 used to protect lines in a natural gas distribution system. The standards

32 shall be incorporated into regulations the Secretary prescribes under this

33 section. All excess flow valves shall be installed according to the standards.

34 § 60111. Financial responsibility for liquefied natural gas fa35 cilities

36 (a) NOTICE.—When the Secretary of Transportation believes that an op37 erator of a liquefied natural gas facility does not have adequate financial

38 responsibility for the facility, the Secretary may issue a notice to the opera39 tor about the inadequacy and the amount of financial responsibility the Sec40 retary considers adequate.
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1 (b) HEARINGS.—An operator receiving a notice under subsection (a) of

2 this section may have a hearing on the record not later than 30 days after

3 receiving the notice. The operator may show why the Secretary should not

4 issue an order requiring the operator to demonstrate and maintain financial

5 responsibility in at least the amount the Secretary considers adequate.

6 (c) ORDERS.—After an opportunity for a hearing on the record, the Sec7 retary may issue the order if the Secretary decides it is justified in the pub8 lic interest.

9 § 60112. Pipeline facilities hazardous to life and property

10 (a) GENERAL AUTHORITY.—After notice and an opportunity for a hear11 ing, the Secretary of Transportation may decide a pipeline facility is hazard12 ous if the Secretary decides the facility is—

13 (1) hazardous to life, property, or the environment; or

14 (2) constructed or operated, or a component of the facility is con15 structed or operated, with equipment, material, or a technique the Sec16 retary decides is hazardous to life, property, or the environment.

17 (b) CONSIDERATIONS.—In making a decision under subsection (a) of this

18 section, the Secretary shall consider, if relevant—

19 (1) the characteristics of the pipe and other equipment used in the

20 pipeline facility, including the age, manufacture, physical properties,

21 and method of manufacturing, constructing, or assembling the equip22 ment;

23 (2) the nature of the material the pipeline facility transports, the

24 corrosive and deteriorative qualities of the material, the sequence in

25 which the material are transported, and the pressure required for

26 transporting the material;

27 (3) the aspects of the area in which the pipeline facility is located,

28 including climatic and geologic conditions and soil characteristics;

29 (4) the proximity of the area in which the hazardous liquid pipeline

30 facility is located to environmentally sensitive areas;

31 (5) the population density and population and growth patterns of the

32 area in which the pipeline facility is located;

33 (6) any recommendation of the National Transportation Safety

34 Board made under another law; and

35 (7) other factors the Secretary considers appropriate.

36 (c) OPPORTUNITY FOR STATE COMMENT.—The Secretary shall provide,

37 to any appropriate official of a State in which a pipeline facility is located

38 and about which a proceeding has begun under this section, notice and an

39 opportunity to comment on an agreement the Secretary proposes to make

40 to resolve the proceeding. State comment shall incorporate comments of af41 fected local officials.
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1 (d) CORRECTIVE ACTION ORDERS.—If the Secretary decides under sub2 section (a) of this section that a pipeline facility is hazardous, the Secretary

3 shall order the operator of the facility to take necessary corrective action.

4 (e) WAIVER OF NOTICE AND HEARING IN EMERGENCY.—The Secretary

5 may waive the requirements for notice and an opportunity for a hearing

6 under this section and issue expeditiously an order under this section if the

7 Secretary decides failure to issue the order expeditiously will result in likely

8 serious harm to life, property, or the environment. An order under this sub9 section shall provide an opportunity for a hearing as soon as practicable

10 after the order is issued.

11 § 60113. Customer-owned natural gas service lines

12 (a) MAINTENANCE INFORMATION.—Not later than October 24, 1993, the

13 Secretary of Transportation shall prescribe regulations requiring an opera14 tor of a natural gas distribution pipeline that does not maintain customer15 owned natural gas service lines up to building walls to advise its customers

16 of—

17 (1) the requirements for maintaining those lines;

18 (2) any resources known to the operator that could assist customers

19 in carrying out the maintenance;

20 (3) information the operator has on operating and maintaining its

21 lines that could assist customers; and

22 (4) the potential hazards of not maintaining the lines.

23 (b) Actions To Promote Safety.—Not later than one year after submit24 ting the report required under section 115(b) of the Pipeline Safety Act of

25 1992 (Public Law 102–508, 106 Stat. 3296), the Secretary, considering the

26 report and in cooperation and coordination with appropriate State and local

27 authorities, shall take appropriate action to promote the adoption of meas28 ures to improve the safety of customer-owned natural gas service lines.

29 § 60114. One-call notification systems

30 (a) MINIMUM REQUIREMENTS.—The Secretary of Transportation shall

31 prescribe regulations providing minimum requirements for establishing and

32 operating a one-call notification system for a State to adopt that will notify

33 an operator of a pipeline facility of activity in the vicinity of the facility that

34 could threaten the safety of the facility. The regulations shall include the

35 following:

36 (1) a requirement that the system apply to all areas of the State

37 containing underground pipeline facilities.

38 (2) a requirement that a person intending to engage in an activity

39 the Secretary decides could cause physical damage to an underground

40 facility must contact the appropriate system to establish if there are

41 underground facilities present in the area of the intended activity.
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1 (3) a requirement that all operators of underground pipeline facilities

2 participate in an appropriate one-call notification system.

3 (4) qualifications for an operator of a facility, a private contractor,

4 or a State or local authority to operate a system.

5 (5) procedures for advertisement and notice of the availability of a

6 system.

7 (6) a requirement about the information to be provided by a person

8 contacting the system under clause (2) of this subsection.

9 (7) a requirement for the response of the operator of the system and

10 of the facility after they are contacted by an individual under this sub11 section.

12 (8) a requirement that each State decide whether the system will be

13 toll free.

14 (9) a requirement for sanctions substantially the same as provided

15 under sections 60120, 60122, and 60123 of this title.

16 (b) GRANTS.—The Secretary may make a grant to a State under this sec17 tion to develop and establish a one-call notification system consistent with

18 subsection (a) of this section.

19 (c) MARKING FACILITIES.—On notification by an operator of a damage

20 prevention program or by a person planning to carry out demolition, exca21 vation, tunneling, or construction in the vicinity of a pipeline facility, the

22 operator of the facility shall mark accurately, in a reasonable and timely

23 way, the location of the pipeline facilities in the vicinity of the demolition,

24 excavation, tunneling, or construction.

25 (d) APPORTIONMENT.—When apportioning the amount appropriated to

26 carry out section 60107 of this title among the States, the Secretary—

27 (1) shall consider whether a State has adopted or is seeking adoption

28 of a one-call notification system under this section; and

29 (2) shall withhold part of a payment under section 60107 of this title

30 when the Secretary decides a State has not adopted, or is not seeking

31 adoption of, a one-call notification system.

32 (e) RELATIONSHIP TO OTHER LAWS.—This section and regulations pre33 scribed under this section do not affect the liability established under a law

34 of the United States or a State for damage caused by an activity described

35 in subsection (a)(2) of this section.

36 § 60115. Technical safety standards committees

37 (a) ORGANIZATION.—The Technical Pipeline Safety Standards Committee

38 and the Technical Hazardous Liquid Pipeline Safety Standards Committee

39 are committees in the Department of Transportation.

40 (b) COMPOSITION AND APPOINTMENT.—(1) The Technical Pipeline Safe41 ty Standards Committee is composed of 15 members appointed by the Sec-
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1 retary of Transportation after consulting with public and private agencies

2 concerned with the technical aspect of transporting gas or operating a gas

3 pipeline facility. Each member must be experienced in the safety regulation

4 of transporting gas and of gas pipeline facilities or technically qualified, by

5 training, experience, or knowledge in at least one field of engineering appli6 cable to transporting gas or operating a gas pipeline facility, to evaluate gas

7 pipeline safety standards.

8 (2) The Technical Hazardous Liquid Pipeline Safety Standards Commit9 tee is composed of 15 members appointed by the Secretary after consulting

10 with public and private agencies concerned with the technical aspect of

11 transporting hazardous liquid or operating a hazardous liquid pipeline facil12 ity. Each member must be experienced in the safety regulation of transport13 ing hazardous liquid and of hazardous liquid pipeline facilities or technically

14 qualified, by training, experience, or knowledge in at least one field of engi15 neering applicable to transporting hazardous liquid or operating a hazardous

16 liquid pipeline facility, to evaluate hazardous liquid pipeline safety stand17 ards.

18 (3) The members of each committee are appointed as follows:

19 (A) 5 individuals selected from departments, agencies, and instru20 mentalities of the United States Government and of the States.

21 (B) 4 individuals selected from the natural gas or hazardous liquid

22 industry, as appropriate, after consulting with industry representatives.

23 (C) 6 individuals selected from the general public.

24 (4)(A) Two of the individuals selected for each committee under para25 graph (3)(A) of this subsection must be State commissioners. The Secretary

26 shall consult with the national organization of State commissions (referred

27 to in section 10344(f) of this title) before selecting those 2 individuals.

28 (B) At least 3 of the individuals selected for each committee under para29 graph (3)(B) of this subsection must be currently in the active operation

30 of natural gas pipelines or hazardous liquid pipeline facilities, as appro31 priate.

32 (C) Two of the individuals selected for each committee under paragraph

33 (3)(C) of this subsection must have education, background, or experience in

34 environmental protection or public safety. At least one individual selected

35 for each committee under paragraph (3)(C) may not have a financial inter36 est in the pipeline, petroleum, or natural gas industries.

37 (c) COMMITTEE REPORTS ON PROPOSED STANDARDS.—(1) The Sec38 retary shall give to—

39 (A) the Technical Pipeline Safety Standards Committee each stand40 ard proposed under this chapter for transporting gas and for gas pipe41 line facilities; and
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1 (B) the Technical Hazardous Liquid Pipeline Safety Standards Com2 mittee each standard proposed under this chapter for transporting haz3 ardous liquid and for hazardous liquid pipeline facilities.

4 (2) Not later than 90 days after receiving the proposed standard, the ap5 propriate committee shall prepare a report on the technical feasibility, rea6 sonableness, and practicability of the proposed standard. The Secretary

7 shall publish each report, including minority views. The report if timely

8 made is part of the proceeding for prescribing the standard. The Secretary

9 is not bound by the conclusions of the committee. However, if the Secretary

10 rejects the conclusions of the committee, the Secretary shall publish the rea11 sons.

12 (3) The Secretary may prescribe a standard after the end of the 90-day

13 period.

14 (d) PROPOSED COMMITTEE STANDARDS AND POLICY DEVELOPMENT

15 RECOMMENDATIONS.—(1) The Technical Pipeline Safety Standards Com16 mittee may propose to the Secretary a safety standard for transporting gas

17 and for gas pipeline facilities. The Technical Hazardous Liquid Pipeline

18 Safety Standards Committee may propose to the Secretary a safety stand19 ard for transporting hazardous liquid and for hazardous liquid pipeline fa20 cilities.

21 (2) If requested by the Secretary, a committee shall make policy develop22 ment recommendations to the Secretary.

23 (e) MEETINGS.—Each committee shall meet with the Secretary at least

24 twice annually. Each committee proceeding shall be recorded. The record of

25 the proceeding shall be available to the public.

26 (f) PAY AND EXPENSES.—The Secretary may establish the pay for each

27 member of a committee for each day (including travel time) when perform28 ing duties of the committee. However, a member may not be paid more than

29 the daily equivalent of the maximum annual rate of basic pay payable under

30 section 5376 of title 5. A member is entitled to expenses under section 5703

31 of title 5. A payment under this subsection does not make a member an

32 officer or employee of the Government. This subsection does not apply to

33 members regularly employed by the Government.

34 § 60116. Public education programs

35 Under regulations the Secretary of Transportation prescribes, each per36 son transporting gas shall carry out a program to educate the public on the

37 possible hazards associated with gas leaks and the importance of reporting

38 gas odors and leaks to the appropriate authority. The Secretary may de39 velop material suitable for use in the program.
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1 § 60117. Administrative

2 (a) GENERAL AUTHORITY.—To carry out this chapter, the Secretary of

3 Transportation may conduct investigations, make reports, issue subpenas,

4 conduct hearings, require the production of records, take depositions, and

5 conduct research, testing, development, demonstration, and training activi6 ties. The Secretary may not charge a tuition-type fee for training State or

7 local government personnel in the enforcement of regulations prescribed

8 under this chapter.

9 (b) RECORDS, REPORTS, AND INFORMATION.—To enable the Secretary to

10 decide whether a person transporting gas or hazardous liquid or operating

11 a pipeline facility is complying with this chapter and standards prescribed

12 or orders issued under this chapter, the person shall—

13 (1) maintain records, make reports, and provide information the Sec14 retary requires; and

15 (2) make the records, reports, and information available when the

16 Secretary requests.

17 (c) ENTRY AND INSPECTION.—An officer, employee, or agent of the De18 partment of Transportation designated by the Secretary, on display of prop19 er credentials to the individual in charge, may enter premises to inspect the

20 records and property of a person at a reasonable time and in a reasonable

21 way to decide whether a person is complying with this chapter and stand22 ards prescribed or orders issued under this chapter.

23 (d) CONFIDENTIALITY OF INFORMATION.—Information related to a con24 fidential matter referred to in section 1905 of title 18 that is obtained by

25 the Secretary or an officer, employee, or agent in carrying out this section

26 may be disclosed only to another officer or employee concerned with carry27 ing out this chapter or in a proceeding under this chapter.

28 (e) USE OF ACCIDENT REPORTS.—(1) Each accident report made by an

29 officer, employee, or agent of the Department may be used in a judicial pro30 ceeding resulting from the accident. The officer, employee, or agent may be

31 required to testify in the proceeding about the facts developed in investigat32 ing the accident. The report shall be made available to the public in a way

33 that does not identify an individual.

34 (2) Each report related to research and demonstration projects and relat35 ed activities is public information.

36 (f) TESTING FACILITIES INVOLVED IN ACCIDENTS.—The Secretary may

37 require testing of a part of a pipeline facility subject to this chapter that

38 has been involved in or affected by an accident only after—

39 (1) notifying the appropriate State official in the State in which the

40 facility is located; and
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1 (2) attempting to negotiate a mutually acceptable plan for testing

2 with the owner of the facility and, when the Secretary considers appro3 priate, the National Transportation Safety Board.

4 (g) PROVIDING SAFETY INFORMATION.—On request, the Secretary shall

5 provide the Federal Energy Regulatory Commission or appropriate State

6 authority with information the Secretary has on the safety of material, oper7 ations, devices, or processes related to pipeline transportation or operating

8 a pipeline facility.

9 (h) COOPERATION.—The Secretary may—

10 (1) advise, assist, and cooperate with other departments, agencies,

11 and instrumentalities of the United States Government, the States, and

12 public and private agencies and persons in planning and developing

13 safety standards and ways to inspect and test to decide whether those

14 standards have been complied with;

15 (2) consult with and make recommendations to other departments,

16 agencies, and instrumentalities of the Government, State and local gov17 ernments, and public and private agencies and persons to develop and

18 encourage activities, including the enactment of legislation, that will as19 sist in carrying out this chapter and improve State and local pipeline

20 safety programs; and

21 (3) participate in a proceeding involving safety requirements related

22 to a liquefied natural gas facility before the Commission or a State au23 thority.

24 (i) PROMOTING COORDINATION.—After consulting with appropriate State

25 officials, the Secretary shall establish procedures to promote more effective

26 coordination between departments, agencies, and instrumentalities of the

27 Government and State authorities with regulatory authority over pipeline fa28 cilities about responses to a pipeline accident.

29 (j) WITHHOLDING INFORMATION FROM CONGRESS.—This section does

30 not authorize information to be withheld from a committee of Congress au31 thorized to have the information.

32 § 60118. Compliance and waivers

33 (a) GENERAL REQUIREMENTS.—A person transporting gas or hazardous

34 liquid or owning or operating a pipeline facility shall—

35 (1) comply with applicable safety standards prescribed under this

36 chapter, except as provided in this section;

37 (2) prepare and carry out a plan for inspection and maintenance re38 quired under section 60108(a) and (b) of this title; and

39 (3) allow access to or copying of records, make reports and provide

40 information, and allow entry or inspection required under section

41 60117(a)–(d) of this title.
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1 (b) COMPLIANCE ORDERS.—The Secretary of Transportation may issue

2 orders directing compliance with this chapter or a regulation prescribed

3 under this chapter. An order shall state clearly the action a person must

4 take to comply.

5 (c) WAIVERS BY SECRETARY.—On application of a person transporting

6 gas or hazardous liquid or operating a pipeline facility, the Secretary by

7 order may waive compliance with any part of an applicable standard pre8 scribed under this chapter on terms the Secretary considers appropriate, if

9 the waiver is not inconsistent with pipeline safety. The Secretary shall state

10 the reasons for granting a waiver under this subsection. The Secretary may

11 act on a waiver only after notice and an opportunity for a hearing.

12 (d) WAIVERS BY STATE AUTHORITIES.—If a certification under section

13 60105 of this title or an agreement under section 60106 of this title is in

14 effect, the State authority may waive compliance with a safety standard to

15 which the certification or agreement applies in the same way and to the

16 same extent the Secretary may waive compliance under subsection (c) of

17 this section. However, the authority must give the Secretary written notice

18 of the waiver at least 60 days before its effective date. If the Secretary

19 makes a written objection before the effective date of the waiver, the waiver

20 is stayed. After notifying the authority of the objection, the Secretary shall

21 provide a prompt opportunity for a hearing. The Secretary shall make the

22 final decision on granting the waiver.

23 § 60119. Judicial review

24 (a) REVIEW OF REGULATIONS AND WAIVER ORDERS.—(1) Except as

25 provided in subsection (b) of this section, a person adversely affected by a

26 regulation prescribed under this chapter or an order issued about an appli27 cation for a waiver under section 60118(c) or (d) of this title may apply

28 for review of the regulation or order by filing a petition for review in the

29 United States Court of Appeals for the District of Columbia Circuit or in

30 the court of appeals of the United States for the circuit in which the person

31 resides or has its principal place of business. The petition must be filed not

32 later than 89 days after the regulation is prescribed or order is issued. The

33 clerk of the court immediately shall send a copy of the petition to the Sec34 retary of Transportation.

35 (2) A judgment of a court under paragraph (1) of this subsection may

36 be reviewed only by the Supreme Court under section 1254 of title 28. A

37 remedy under paragraph (1) is in addition to any other remedies provided

38 by law.

39 (b) REVIEW OF FINANCIAL RESPONSIBILITY ORDERS.—(1) A person ad40 versely affected by an order issued under section 60111 of this title may

41 apply for review of the order by filing a petition for review in the appro-
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1 priate court of appeals of the United States. The petition must be filed not

2 later than 60 days after the order is issued. Findings of fact the Secretary

3 makes are conclusive if supported by substantial evidence.

4 (2) A judgment of a court under paragraph (1) of this subsection may

5 be reviewed only by the Supreme Court under section 1254(1) of title 28.

6 § 60120. Enforcement

7 (a) CIVIL ACTIONS.—(1) On the request of the Secretary of Transpor8 tation, the Attorney General may bring a civil action in an appropriate dis9 trict court of the United States to enforce this chapter or a regulation pre10 scribed or order issued under this chapter. The court may award appro11 priate relief, including punitive damages.

12 (2) At the request of the Secretary, the Attorney General may bring a

13 civil action in a district court of the United States to require a person to

14 comply immediately with a subpena or to allow an officer, employee, or

15 agent authorized by the Secretary to enter the premises, and inspect the

16 records and property, of the person to decide whether the person is comply17 ing with this chapter. The action may be brought in the judicial district in

18 which the defendant resides, is found, or does business. The court may pun19 ish a failure to obey the order as a contempt of court.

20 (b) JURY TRIAL DEMAND.—In a trial for criminal contempt for violating

21 an injunction issued under this section, the violation of which is also a viola22 tion of this chapter, the defendant may demand a jury trial. The defendant

23 shall be tried as provided in rule 42(b) of the Federal Rules of Criminal

24 Procedure (18 App. U.S.C.).

25 (c) EFFECT ON TORT LIABILITY.—This chapter does not affect the tort

26 liability of any person.

27 § 60121. Actions by private persons

28 (a) GENERAL AUTHORITY.—(1) A person may bring a civil action in an

29 appropriate district court of the United States for an injunction against an30 other person (including the United States Government and other govern31 mental authorities to the extent permitted under the 11th amendment to

32 the Constitution) for a violation of this chapter or a regulation prescribed

33 or order issued under this chapter. However, the person—

34 (A) may bring the action only after 60 days after the person has

35 given notice of the violation to the Secretary of Transportation or to

36 the appropriate State authority (when the violation is alleged to have

37 occurred in a State certified under section 60105 of this title) and to

38 the person alleged to have committed the violation;

39 (B) may not bring the action if the Secretary or authority has begun

40 and diligently is pursuing an administrative proceeding for the viola41 tion; and
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1 (C) may not bring the action if the Attorney General of the United

2 States, or the chief law enforcement officer of a State, has begun and

3 diligently is pursuing a judicial proceeding for the violation.

4 (2) The Secretary shall prescribe the way in which notice is given under

5 this subsection.

6 (3) The Secretary, with the approval of the Attorney General, or the At7 torney General may intervene in an action under paragraph (1) of this sub8 section.

9 (b) COSTS AND FEES.—The court may award costs, reasonable expert

10 witness fees, and a reasonable attorney’s fee to a prevailing plaintiff in a

11 civil action under this section. The court may award costs to a prevailing

12 defendant when the action is unreasonable, frivolous, or meritless. In this

13 subsection, a reasonable attorney’s fee is a fee—

14 (1) based on the actual time spent and the reasonable expenses of

15 the attorney for legal services provided to a person under this section;

16 and

17 (2) computed at the rate prevailing for providing similar services for

18 actions brought in the court awarding the fee.

19 (c) STATE VIOLATIONS AS VIOLATIONS OF THIS CHAPTER.—In this sec20 tion, a violation of a safety standard or practice of a State is deemed to

21 be a violation of this chapter or a regulation prescribed or order issued

22 under this chapter only to the extent the standard or practice is not more

23 stringent than a comparable minimum safety standard prescribed under this

24 chapter.

25 (d) ADDITIONAL REMEDIES.—A remedy under this section is in addition

26 to any other remedies provided by law. This section does not restrict a right

27 to relief that a person or a class of persons may have under another law

28 or at common law.

29 § 60122. Civil penalties

30 (a) GENERAL PENALTIES.—(1) A person that the Secretary of Transpor31 tation decides, after written notice and an opportunity for a hearing, has

32 violated section 60114(c) or 60118(a) of this title or a regulation prescribed

33 or order issued under this chapter is liable to the United States Government

34 for a civil penalty of not more than $25,000 for each violation. A separate

35 violation occurs for each day the violation continues. The maximum civil

36 penalty under this paragraph for a related series of violations is $500,000.

37 (2) A person violating a standard or order under section 60103 or 60111

38 of this title is liable to the Government for a civil penalty of not more than

39 $50,000 for each violation. A penalty under this paragraph may be imposed

40 in addition to penalties imposed under paragraph (1) of this subsection.
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1 (b) PENALTY CONSIDERATIONS.—In determining the amount of a civil

2 penalty under this section, the Secretary shall consider—

3 (1) the nature, circumstances, and gravity of the violation;

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

5 of prior violations, the ability to pay, and any effect on ability to con6 tinue doing business;

7 (3) good faith in attempting to comply; and

8 (4) other matters that justice requires.

9 (c) COLLECTION AND COMPROMISE.—(1) The Secretary may request the

10 Attorney General to bring a civil action in an appropriate district court of

11 the United States to collect a civil penalty imposed under this section.

12 (2) The Secretary may compromise the amount of a civil penalty imposed

13 under this section before referral to the Attorney General.

14 (d) SETOFF.—The Government may deduct the amount of a civil penalty

15 imposed or compromised under this section from amounts it owes the person

16 liable for the penalty.

17 (e) DEPOSIT IN TREASURY.—Amounts collected under this section shall

18 be deposited in the Treasury as miscellaneous receipts.

19 (f) PROHIBITION ON MULTIPLE PENALTIES FOR SAME ACT.—Separate

20 penalties for violating a regulation prescribed under this chapter and for

21 violating an order under section 60112 or 60118(b) of this title may not

22 be imposed under this chapter if both violations are based on the same act.

23 § 60123. Criminal penalties

24 (a) GENERAL PENALTY.—A person knowingly and willfully violating sec25 tion 60114(c) or 60118(a) of this title or a regulation prescribed or order

26 issued under this chapter shall be fined under title 18, imprisoned for not

27 more than 5 years, or both.

28 (b) PENALTY FOR DAMAGING OR DESTROYING FACILITY.—A person

29 knowingly and willfully damaging or destroying, or attempting to damage

30 or destroy, an interstate gas pipeline facility or interstate hazardous liquid

31 pipeline facility shall be fined under title 18, imprisoned for not more than

32 15 years, or both.

33 (c) PENALTY FOR DAMAGING OR DESTROYING SIGN.—A person know34 ingly and willfully defacing, damaging, removing, or destroying a pipeline

35 sign or right-of-way marker required by a law or regulation of the United

36 States shall be fined under title 18, imprisoned for not more than one year,

37 or both.

38 (d) PENALTY FOR NOT USING ONE-CALL NOTIFICATION SYSTEM OR

39 NOT HEEDING LOCATION INFORMATION OR MARKINGS.—A person shall be

40 fined under title 18, imprisoned for not more than 5 years, or both, if the

41 person knowingly and willfully—
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1 (1) engages in an excavation activity—

2 (A) without first using an available one-call notification system

3 to establish the location of underground facilities in the excavation

4 area; or

5 (B) without paying attention to appropriate location information

6 or markings the operator of a pipeline facility establishes; and

7 (2) subsequently damages—

8 (A) a pipeline facility that results in death, serious bodily harm,

9 or actual damage to property of more than $50,000; or

10 (B) a hazardous liquid pipeline facility that results in the re11 lease of more than 50 barrels of product.

12 § 60124. Annual reports

13 (a) SUBMISSION AND CONTENTS.—The Secretary of Transportation shall

14 submit to Congress not later than August 15 of each year a report on carry15 ing out this chapter for the prior calendar year for gas and a report on car16 rying out this chapter for the prior calendar year for hazardous liquid. Each

17 report shall include the following information about the prior year for gas

18 or hazardous liquid, as appropriate:

19 (1) a thorough compilation of the leak repairs, accidents, and casual20 ties and a statement of cause when investigated and established by the

21 National Transportation Safety Board.

22 (2) a list of applicable pipeline safety standards prescribed under this

23 chapter including identification of standards prescribed during the

24 year.

25 (3) a summary of the reasons for each waiver granted under section

26 60118(c) and (d) of this title.

27 (4) an evaluation of the degree of compliance with applicable safety

28 standards, including a list of enforcement actions and compromises of

29 alleged violations by location and company name.

30 (5) a summary of outstanding problems in carrying out this chapter,

31 in order of priority.

32 (6) an analysis and evaluation of—

33 (A) research activities, including their policy implications, com34 pleted as a result of the United States Government and private

35 sponsorship; and

36 (B) technological progress in safety achieved.

37 (7) a list, with a brief statement of the issues, of completed or pend38 ing judicial actions under this chapter.

39 (8) the extent to which technical information was distributed to the

40 scientific community and consumer-oriented information was made

41 available to the public.
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1 (9) a compilation of certifications filed under section 60105 of this

2 title that were—

3 (A) in effect; or

4 (B) rejected in any part by the Secretary and a summary of the

5 reasons for each rejection.

6 (10) a compilation of agreements made under section 60106 of this

7 title that were—

8 (A) in effect; or

9 (B) ended in any part by the Secretary and a summary of the

10 reasons for ending each agreement.

11 (11) a description of the number and qualifications of State pipeline

12 safety inspectors in each State for which a certification under section

13 60105 of this title or an agreement under section 60106 of this title

14 is in effect and the number and qualifications of inspectors the Sec15 retary recommends for that State.

16 (12) recommendations for legislation the Secretary considers nec17 essary—

18 (A) to promote cooperation among the States in improving—

19 (i) gas pipeline safety; or

20 (ii) hazardous liquid pipeline safety programs; and

21 (B) to strengthen the national gas pipeline safety program.

22 (b) SUBMISSION OF ONE REPORT.—The Secretary may submit one report

23 to carry out subsection (a) of this section.

24 § 60125. Authorization of appropriations

25 (a) GAS.—Not more than the following amounts may be appropriated to

26 the Secretary of Transportation to carry out this chapter (except sections

27 60107 and 60114(b)) related to gas:

28 (1) $6,857,000 for the fiscal year ending September 30, 1993.

29 (2) $7,000,000 for the fiscal year ending September 30, 1994.

30 (3) $7,500,000 for the fiscal year ending September 30, 1995.

31 (b) HAZARDOUS LIQUID.—Not more than the following amounts may be

32 appropriated to the Secretary to carry out this chapter (except sections

33 60107 and 60114(b)) related to hazardous liquid:

34 (1) $1,728,500 for the fiscal year ending September 30, 1993.

35 (2) $1,866,800 for the fiscal year ending September 30, 1994.

36 (3) $2,000,000 for the fiscal year ending September 30, 1995.

37 (c) STATE GRANTS.—(1) Not more than the following amounts may be

38 appropriated to the Secretary to carry out section 60107 of this title:

39 (A) $7,750,000 for the fiscal year ending September 30, 1993.

40 (B) $9,000,000 for the fiscal year ending September 30, 1994.

41 (C) $10,000,000 for the fiscal year ending September 30, 1995.
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1 (2) At least 5 percent of amounts appropriated to carry out United States

2 Government grants-in-aid programs for a fiscal year are available only to

3 carry out section 60107 of this title related to hazardous liquid.

4 (3) Not more than 20 percent of a pipeline safety program grant under

5 section 60107 of this title may be allocated to indirect expenses.

6 (d) GRANTS FOR ONE-CALL NOTIFICATION SYSTEMS.—Not more than

7 $lllll may be appropriated to the Secretary for the fiscal year end8 ing September 30, 19l, to carry out section 60114(b) of this title.

9 Amounts under this subsection remain available until expended.

10 (e) CREDITING APPROPRIATIONS FOR EXPENDITURES FOR TRAINING.—

11 The Secretary may credit to an appropriation authorized under subsection

12 (a) or (b) of this section amounts received from sources other than the Gov13 ernment for reimbursement for expenses incurred by the Secretary in pro14 viding training.

15 (f) AVAILABILITY OF UNUSED AMOUNTS FOR GRANTS.—(1) The Sec16 retary shall make available for grants to States amounts appropriated for

17 each of the fiscal years that ended September 30, 1986, and 1987, that

18 have not been expended in making grants under section 60107 of this title.

19 (2) A grant under this subsection is available to a State that after De20 cember 31, 1987—

21 (A) undertakes a new responsibility under section 60105 of this title;

22 or

23 (B) implements a one-call damage prevention program established

24 under State law.

25 (3) This subsection does not authorize a State to receive more than 50

26 percent of its allowable pipeline safety costs from a grant under this chap27 ter.

28 (4) A State may receive not more than $75,000 under this subsection.

29 (5) Amounts under this subsection remain available until expended.

30 CHAPTER 603—USER FEES

Sec.

60301. User fees.

31 § 60301. User fees

32 (a) SCHEDULE OF FEES.—The Secretary of Transportation shall pre33 scribe a schedule of fees for all natural gas and hazardous liquids trans34 ported by pipelines subject to chapter 601 of this title. The fees shall be

35 based on usage (in reasonable relationship to volume-miles, miles, revenues,

36 or a combination of volume-miles, miles, and revenues) of the pipelines. The

37 Secretary shall consider the allocation of resources of the Department of

38 Transportation when establishing the schedule.

39 (b) IMPOSITION AND TIME OF COLLECTION.—A fee shall be imposed on

40 each person operating a gas pipeline transmission facility, a liquefied natu-
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1 ral gas pipeline facility, or a hazardous liquid pipeline facility to which chap2 ter 601 of this title applies. The fee shall be collected before the end of the

3 fiscal year to which it applies.

4 (c) MEANS OF COLLECTION.—The Secretary shall prescribe procedures to

5 collect fees under this section. The Secretary may use a department, agency,

6 or instrumentality of the United States Government or of a State or local

7 government to collect the fee and may reimburse the department, agency,

8 or instrumentality a reasonable amount for its services.

9 (d) USE OF FEES.—A fee collected under this section—

10 (1)(A) related to a gas pipeline facility may be used only for an ac11 tivity related to gas under chapter 601 of this title; and

12 (B) related to a hazardous liquid pipeline facility may be used only

13 for an activity related to hazardous liquid under chapter 601 of this

14 title; and

15 (2) may be used only to the extent provided in advance in an appro16 priation law.

17 (e) LIMITATIONS.—Fees prescribed under subsection (a) of this section

18 shall be sufficient to pay for the costs of activities described in subsection

19 (d) of this section. However, the total amount collected for a fiscal year may

20 not be more than 105 percent of the total amount of the appropriations

21 made for the fiscal year for activities to be financed by the fees.

22 CHAPTER 605—INTERSTATE COMMERCE REGULATION

Sec.

60501. Secretary of Energy.

60502. Federal Energy Regulatory Commission.

60503. Effect of enactment.

23 § 60501. Secretary of Energy

24 Except as provided in section 60502 of this title, the Secretary of Energy

25 has the duties and powers related to the transportation of oil by pipeline

26 that were vested on October 1, 1977, in the Interstate Commerce Commis27 sion or the chairman or a member of the Commission.

28 § 60502. Federal Energy Regulatory Commission

29 The Federal Energy Regulatory Commission has the duties and powers

30 related to the establishment of a rate or charge for the transportation of

31 oil by pipeline or the valuation of that pipeline that were vested on October

32 1, 1977, in the Interstate Commerce Commission or an officer or component

33 of the Interstate Commerce Commission.

34 § 60503. Effect of enactment

35 The enactment of the Act of October 17, 1978 (Public Law 95–473, 92

36 Stat. 1337), the Act of January 12, 1983 (Public Law 97–449, 96 Stat.

37 2413), and the Act enacting this section does not repeal, and has no sub38 stantive effect on, any right, obligation, liability, or remedy of an oil pipe-
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1 line, including a right, obligation, liability, or remedy arising under the

2 Interstate Commerce Act or the Act of August 29, 1916 (known as the

3 Pomerene Bills of Lading Act), before any department, agency, or instru4 mentality of the United States Government, an officer or employee of the

5 Government, or a court of competent jurisdiction.

6 SUBTITLE IX—COMMERCIAL SPACE

7 TRANSPORTATION

CHAPTER Sec.

701. COMMERCIAL SPACE LAUNCH ACTIVITIES ......................................... 70101

703. SPACE TRANSPORTATION INFRASTRUCTURE MATCHING

GRANTS.

70301

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.

8 § 70101. Findings and purposes

9 (a) FINDINGS.—Congress finds that—

10 (1) the peaceful uses of outer space continue to be of great value

11 and to offer benefits to all mankind;

12 (2) private applications of space technology have achieved a signifi13 cant level of commercial and economic activity and offer the potential

14 for growth in the future, particularly in the United States;

15 (3) new and innovative equipment and services are being sought,

16 produced, and offered by entrepreneurs in telecommunications, infor17 mation services, and remote sensing technologies;

18 (4) the private sector in the United States has the capability of de19 veloping and providing private satellite launching and associated serv20 ices that would complement the launching and associated services now

21 available from the United States Government;

22 (5) the development of commercial launch vehicles and associated

23 services would enable the United States to retain its competitive posi24 tion internationally, contributing to the national interest and economic

25 well-being of the United States;
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1 (6) providing launch services by the private sector is consistent with

2 the national security and foreign policy interests of the United States

3 and would be facilitated by stable, minimal, and appropriate regulatory

4 guidelines that are fairly and expeditiously applied;

5 (7) the United States should encourage private sector launches and

6 associated services and, only to the extent necessary, regulate those

7 launches and services to ensure compliance with international obliga8 tions of the United States and to protect the public health and safety,

9 safety of property, and national security and foreign policy interests of

10 the United States;

11 (8) space transportation, including the establishment and operation

12 of launch sites and complementary facilities, the providing of launch

13 services, the establishment of support facilities, and the providing of

14 support services, is an important element of the transportation system

15 of the United States, and in connection with the commerce of the Unit16 ed States there is a need to develop a strong space transportation in17 frastructure with significant private sector involvement; and

18 (9) the participation of State governments in encouraging and facili19 tating private sector involvement in space-related activity, particularly

20 through the establishment of a space transportation-related infrastruc21 ture, including launch sites, complementary facilities, and launch site

22 support facilities, is in the national interest and is of significant public

23 benefit.

24 (b) PURPOSES.—The purposes of this chapter are—

25 (1) to promote economic growth and entrepreneurial activity through

26 use of the space environment for peaceful purposes;

27 (2) to encourage the United States private sector to provide launch

28 vehicles and associated services by—

29 (A) simplifying and expediting the issuance and transfer of com30 mercial launch licenses; and

31 (B) facilitating and encouraging the use of Government-devel32 oped space technology;

33 (3) to provide that the Secretary of Transportation is to oversee and

34 coordinate the conduct of commercial launch operations, issue and

35 transfer commercial launch licenses authorizing those operations, and

36 protect the public health and safety, safety of property, and national

37 security and foreign policy interests of the United States; and

38 (4) to facilitate the strengthening and expansion of the United

39 States space transportation infrastructure, including the enhancement

40 of United States launch sites and launch-site support facilities, with
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1 Government, State, and private sector involvement, to support the full

2 range of United States space-related activities.

3 § 70102. Definitions

4 In this chapter—

5 (1) ‘‘citizen of the United States’’ means—

6 (A) an individual who is a citizen of the United States;

7 (B) an entity organized or existing under the laws of the United

8 States or a State; or

9 (C) an entity organized or existing under the laws of a foreign

10 country if the controlling interest (as defined by the Secretary of

11 Transportation) is held by an individual or entity described in

12 subclause (A) or (B) of this clause.

13 (2) ‘‘executive agency’’ has the same meaning given that term in sec14 tion 105 of title 5.

15 (3) ‘‘launch’’ means to place or try to place a launch vehicle and any

16 payload—

17 (A) in a suborbital trajectory;

18 (B) in Earth orbit in outer space; or

19 (C) otherwise in outer space.

20 (4) ‘‘launch property’’ means an item built for, or used in, the

21 launch preparation or launch of a launch vehicle.

22 (5) ‘‘launch services’’ means—

23 (A) activities involved in the preparation of a launch vehicle and

24 payload for launch; and

25 (B) the conduct of a launch.

26 (6) ‘‘launch site’’ means the location on Earth from which a launch

27 takes place (as defined in a license the Secretary issues or transfers

28 under this chapter) and necessary facilities.

29 (7) ‘‘launch vehicle’’ means—

30 (A) a vehicle built to operate in, or place a payload in, outer

31 space; and

32 (B) a suborbital rocket.

33 (8) ‘‘payload’’ means an object that a person undertakes to place in

34 outer space by means of a launch vehicle, including components of the

35 vehicle specifically designed or adapted for that object.

36 (9) ‘‘person’’ means an individual and an entity organized or existing

37 under the laws of a State or country.

38 (10) ‘‘State’’ means a State of the United States, the District of Co39 lumbia, and a territory or possession of the United States.

40 (11) ‘‘third party’’ means a person except—
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1 (A) the United States Government or the Government’s contrac2 tors or subcontractors involved in launch services;

3 (B) a licensee or transferee under this chapter;

4 (C) a licensee’s or transferee’s contractors, subcontractors, or

5 customers involved in launch services; or

6 (D) the customer’s contractors or subcontractors involved in

7 launch services.

8 (12) ‘‘United States’’ means the States of the United States, the

9 District of Columbia, and the territories and possessions of the United

10 States.

11 § 70103. General authority

12 (a) GENERAL.—The Secretary of Transportation shall carry out this

13 chapter.

14 (b) FACILITATING COMMERCIAL LAUNCHES.—In carrying out this chap15 ter, the Secretary shall—

16 (1) encourage, facilitate, and promote commercial space launches by

17 the private sector; and

18 (2) take actions to facilitate private sector involvement in commercial

19 space transportation activity, and to promote public-private partner20 ships involving the United States Government, State governments, and

21 the private sector to build, expand, modernize, or operate a space

22 launch infrastructure.

23 (c) EXECUTIVE AGENCY ASSISTANCE.—When necessary, the head of an

24 executive agency shall assist the Secretary in carrying out this chapter.

25 § 70104. Restrictions on launches and operations

26 (a) LICENSE REQUIREMENT.—A license issued or transferred under this

27 chapter is required for the following:

28 (1) for a person to launch a launch vehicle or to operate a launch

29 site in the United States.

30 (2) for a citizen of the United States (as defined in section

31 70102(1)(A) or (B) of this title) to launch a launch vehicle or to oper32 ate a launch site outside the United States.

33 (3) for a citizen of the United States (as defined in section

34 70102(1)(C) of this title) to launch a launch vehicle or to operate a

35 launch site outside the United States and outside the territory of a for36 eign country unless there is an agreement between the United States

37 Government and the government of the foreign country providing that

38 the government of the foreign country has jurisdiction over the launch

39 or operation.

40 (4) for a citizen of the United States (as defined in section

41 70102(1)(C) of this title) to launch a launch vehicle or to operate a
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1 launch site in the territory of a foreign country if there is an agreement

2 between the United States Government and the government of the for3 eign country providing that the United States Government has jurisdic4 tion over the launch or operation.

5 (b) COMPLIANCE WITH PAYLOAD REQUIREMENTS.—The holder of a

6 launch license under this chapter may launch a payload only if the payload

7 complies with all requirements of the laws of the United States related to

8 launching a payload.

9 (c) PREVENTING LAUNCHES.—The Secretary of Transportation shall es10 tablish whether all required licenses, authorizations, and permits required

11 for a payload have been obtained. If no license, authorization, or permit is

12 required, the Secretary may prevent the launch if the Secretary decides the

13 launch would jeopardize the public health and safety, safety of property, or

14 national security or foreign policy interest of the United States.

15 § 70105. License applications and requirements

16 (a) APPLICATIONS.—A person may apply to the Secretary of Transpor17 tation for a license or transfer of a license under this chapter in the form

18 and way the Secretary prescribes. Consistent with the public health and

19 safety, safety of property, and national security and foreign policy interests

20 of the United States, the Secretary, not later than 180 days after receiving

21 an application, shall issue or transfer a license if the Secretary decides in

22 writing that the applicant complies, and will continue to comply, with this

23 chapter and regulations prescribed under this chapter. The Secretary shall

24 inform the applicant of any pending issue and action required to resolve the

25 issue if the Secretary has not made a decision not later than 120 days after

26 receiving an application.

27 (b) REQUIREMENTS.—(1) Except as provided in this subsection, all re28 quirements of the laws of the United States applicable to the launch of a

29 launch vehicle or the operation of a launch site are requirements for a li30 cense under this chapter.

31 (2) The Secretary may prescribe—

32 (A) any term necessary to ensure compliance with this chapter, in33 cluding on-site verification that a launch or operation complies with

34 representations stated in the application;

35 (B) an additional requirement necessary to protect the public health

36 and safety, safety of property, national security interests, and foreign

37 policy interests of the United States; and

38 (C) by regulation that a requirement of a law of the United States

39 not be a requirement for a license if the Secretary, after consulting

40 with the head of the appropriate executive agency, decides that the re41 quirement is not necessary to protect the public health and safety, safe-
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1 ty of property, and national security and foreign policy interests of the

2 United States.

3 (3) The Secretary may waive a requirement for an individual applicant

4 if the Secretary decides that the waiver is in the public interest and will

5 not jeopardize the public health and safety, safety of property, and national

6 security and foreign policy interests of the United States.

7 (c) PROCEDURES AND TIMETABLES.—The Secretary shall establish pro8 cedures and timetables that expedite review of a license application and re9 duce the regulatory burden for an applicant.

10 § 70106. Monitoring activities

11 (a) GENERAL REQUIREMENTS.—A licensee under this chapter must allow

12 the Secretary of Transportation to place an officer or employee of the Unit13 ed States Government or another individual as an observer at a launch site

14 the licensee uses, at a production facility or assembly site a contractor of

15 the licensee uses to produce or assemble a launch vehicle, or at a site at

16 which a payload is integrated with a launch vehicle. The observer will mon17 itor the activity of the licensee or contractor at the time and to the extent

18 the Secretary considers reasonable to ensure compliance with the license or

19 to carry out the duties of the Secretary under section 70104(c) of this title.

20 A licensee must cooperate with an observer carrying out this subsection.

21 (b) CONTRACTS.—To the extent provided in advance in an appropriation

22 law, the Secretary may make a contract with a person to carry out sub23 section (a) of this section.

24 § 70107. Effective periods, and modifications, suspensions,

25 and revocations, of licenses

26 (a) EFFECTIVE PERIODS OF LICENSES.—The Secretary of Transpor27 tation shall specify the period for which a license issued or transferred

28 under this chapter is in effect.

29 (b) MODIFICATIONS.—On the initiative of the Secretary or on application

30 of the licensee, the Secretary may modify a license issued or transferred

31 under this chapter if the Secretary decides the modification will comply with

32 this chapter.

33 (c) SUSPENSIONS AND REVOCATIONS.—The Secretary may suspend or re34 voke a license if the Secretary decides that—

35 (1) the licensee has not complied substantially with a requirement of

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

37 (2) the suspension or revocation is necessary to protect the public

38 health and safety, the safety of property, or a national security or for39 eign policy interest of the United States.

40 (d) EFFECTIVE PERIODS OF MODIFICATIONS, SUSPENSIONS, AND REV41 OCATIONS.—Unless the Secretary specifies otherwise, a modification, sus-
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1 pension, or revocation under this section takes effect immediately and re2 mains in effect during a review under section 70110 of this title.

3 (e) NOTIFICATION.—The Secretary shall notify the licensee in writing of

4 the decision of the Secretary under this section and any action the Secretary

5 takes or proposes to take based on the decision.

6 § 70108. Prohibition, suspension, and end of launches and

7 operation of launch sites

8 (a) GENERAL AUTHORITY.—The Secretary of Transportation may pro9 hibit, suspend, or end immediately the launch of a launch vehicle or the op10 eration of a launch site licensed under this chapter if the Secretary decides

11 the launch or operation is detrimental to the public health and safety, the

12 safety of property, or a national security or foreign policy interest of the

13 United States.

14 (b) EFFECTIVE PERIODS OF ORDERS.—An order under this section takes

15 effect immediately and remains in effect during a review under section

16 70110 of this title.

17 § 70109. Preemption of scheduled launches

18 (a) GENERAL.—With the cooperation of the Secretary of Defense and the

19 Administrator of the National Aeronautics and Space Administration, the

20 Secretary of Transportation shall act to ensure that a launch of a payload

21 is not preempted from access to a United States Government launch site

22 or launch property, except for imperative national need, when a launch date

23 commitment from the Government has been obtained for a launch licensed

24 under this chapter. A licensee or transferee preempted from access to a

25 launch site or launch property does not have to pay the Government any

26 amount for launch services attributable only to the scheduled launch pre27 vented by the preemption.

28 (b) IMPERATIVE NATIONAL NEED DECISIONS.—In consultation with the

29 Secretary of Transportation, the Secretary of Defense or the Administrator

30 shall decide when an imperative national need requires preemption under

31 subsection (a) of this section. That decision may not be delegated.

32 (c) REPORTS.—In cooperation with the Secretary of Transportation, the

33 Secretary of Defense or the Administrator, as appropriate, shall submit to

34 Congress not later than 7 days after a decision to preempt under subsection

35 (a) of this section, a report that includes an explanation of the cir36 cumstances justifying the decision and a schedule for ensuring the prompt

37 launching of a preempted payload.

38 § 70110. Administrative hearings and judicial review

39 (a) ADMINISTRATIVE HEARINGS.—The Secretary of Transportation shall

40 provide an opportunity for a hearing on the record to—
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1 (1) an applicant under this chapter, for a decision of the Secretary

2 under section 70105(a) of this title to issue or transfer a license with

3 terms or deny the issuance or transfer of a license;

4 (2) an owner or operator of a payload under this chapter, for a deci5 sion of the Secretary under section 70104(c) of this title to prevent the

6 launch of the payload; and

7 (3) a licensee under this chapter, for a decision of the Secretary

8 under—

9 (A) section 70107 (b) or (c) of this title to modify, suspend, or

10 revoke a license; or

11 (B) section 70108(a) of this title to prohibit, suspend, or end

12 a launch or operation of a launch site licensed by the Secretary.

13 (b) JUDICIAL REVIEW.—A final action of the Secretary under this chap14 ter is subject to judicial review as provided in chapter 7 of title 5.

15 § 70111. Acquiring United States Government property and

16 services

17 (a) GENERAL REQUIREMENTS AND CONSIDERATIONS.—(1) The Secretary

18 of Transportation shall facilitate and encourage the acquisition by the pri19 vate sector and State governments of—

20 (A) launch property of the United States Government that is excess

21 or otherwise is not needed for public use; and

22 (B) launch services, including utilities, of the Government otherwise

23 not needed for public use.

24 (2) In acting under paragraph (1) of this subsection, the Secretary shall

25 consider the commercial availability on reasonable terms of substantially

26 equivalent launch property or launch services from a domestic source.

27 (b) PRICE.—(1) In this subsection, ‘‘direct costs’’ means the actual costs

28 that—

29 (A) can be associated unambiguously with a commercial launch ef30 fort; and

31 (B) the Government would not incur if there were no commercial

32 launch effort.

33 (2) In consultation with the Secretary, the head of the executive agency

34 providing the property or service under subsection (a) of this section shall

35 establish the price for the property or service. The price for—

36 (A) acquiring launch property by sale or transaction instead of sale

37 is the fair market value;

38 (B) acquiring launch property (except by sale or transaction instead

39 of sale) is an amount equal to the direct costs, including specific wear

40 and tear and property damage, the Government incurred because of ac41 quisition of the property; and
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1 (C) launch services is an amount equal to the direct costs, including

2 the basic pay of Government civilian and contractor personnel, the Gov3 ernment incurred because of acquisition of the services.

4 (c) COLLECTION BY SECRETARY.—The Secretary may collect a payment

5 under this section with the consent of the head of the executive agency es6 tablishing the price. Amounts collected under this subsection shall be depos7 ited in the Treasury. Amounts (except for excess launch property) shall be

8 credited to the appropriation from which the cost of providing the property

9 or services was paid.

10 (d) COLLECTION BY OTHER GOVERNMENTAL HEADS.—The head of a de11 partment, agency, or instrumentality of the Government may collect a pay12 ment for an activity involved in producing a launch vehicle or its payload

13 for launch if the activity was agreed to by the owner or manufacturer of

14 the launch vehicle or payload.

15 § 70112. Liability insurance and financial responsibility re16 quirements

17 (a) GENERAL REQUIREMENTS.—(1) When a license is issued or trans18 ferred under this chapter, the licensee or transferee shall obtain liability in19 surance or demonstrate financial responsibility in amounts to compensate

20 for the maximum probable loss from claims by—

21 (A) a third party for death, bodily injury, or property damage or loss

22 resulting from an activity carried out under the license; and

23 (B) the United States Government against a person for damage or

24 loss to Government property resulting from an activity carried out

25 under the license.

26 (2) The Secretary of Transportation shall determine the amounts re27 quired under paragraph (1)(A) and (B) of this subsection, after consulting

28 with the Administrator of the National Aeronautics and Space Administra29 tion, the Secretary of the Air Force, and the heads of other appropriate ex30 ecutive agencies.

31 (3) For the total claims related to one launch, a licensee or transferee

32 is not required to obtain insurance or demonstrate financial responsibility

33 of more than—

34 (A)(i) $500,000,000 under paragraph (1)(A) of this subsection; or

35 (ii) $100,000,000 under paragraph (1)(B) of this subsection; or

36 (B) the maximum liability insurance available on the world market

37 at reasonable cost if the amount is less than the applicable amount in

38 clause (A) of this paragraph.

39 (4) An insurance policy or demonstration of financial responsibility under

40 this subsection shall protect the following, to the extent of their potential

41 liability for involvement in launch services, at no cost to the Government:
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1 (A) the Government.

2 (B) executive agencies and personnel, contractors, and subcontrac3 tors of the Government.

4 (C) contractors, subcontractors, and customers of the licensee or

5 transferee.

6 (D) contractors and subcontractors of the customer.

7 (b) RECIPROCAL WAIVER OF CLAIMS.—(1) A license issued or transferred

8 under this chapter shall contain a provision requiring the licensee or trans9 feree to make a reciprocal waiver of claims with its contractors, subcontrac10 tors, and customers, and contractors and subcontractors of the customers,

11 involved in launch services under which each party to the waiver agrees to

12 be responsible for property damage or loss it sustains, or for personal injury

13 to, death of, or property damage or loss sustained by its own employees re14 sulting from an activity carried out under the license.

15 (2) The Secretary of Transportation shall make, for the Government, ex16 ecutive agencies of the Government involved in launch services, and contrac17 tors and subcontractors involved in launch services, a reciprocal waiver of

18 claims with the licensee or transferee, contractors, subcontractors, and cus19 tomers of the licensee or transferee, and contractors and subcontractors of

20 the customers, involved in launch services under which each party to the

21 waiver agrees to be responsible for property damage or loss it sustains, or

22 for personal injury to, death of, or property damage or loss sustained by

23 its own employees resulting from an activity carried out under the license.

24 The waiver applies only to the extent that claims are more than the amount

25 of insurance or demonstration of financial responsibility required under sub26 section (a)(1)(B) of this section. After consulting with the Administrator

27 and the Secretary of the Air Force, the Secretary of Transportation may

28 waive, for the Government and a department, agency, and instrumentality

29 of the Government, the right to recover damages for damage or loss to Gov30 ernment property to the extent insurance is not available because of a policy

31 exclusion the Secretary of Transportation decides is usual for the type of

32 insurance involved.

33 (c) DETERMINATION OF MAXIMUM PROBABLE LOSSES.—The Secretary

34 of Transportation shall determine the maximum probable losses under sub35 section (a)(1)(A) and (B) of this section associated with an activity under

36 a license not later than 90 days after a licensee or transferee requires a

37 determination and submits all information the Secretary requires. The Sec38 retary shall amend the determination as warranted by new information.

39 (d) ANNUAL REPORT.—(1) Not later than November 15 of each year, the

40 Secretary of Transportation shall submit to the Committee on Commerce,

41 Science, and Transportation of the Senate and the Committee on Science,
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1 Space, and Technology of the House of Representatives a report on current

2 determinations made under subsection (c) of this section related to all is3 sued licenses and the reasons for the determinations.

4 (2) Not later than May 15 of each year, the Secretary of Transportation

5 shall review the amounts specified in subsection (a)(3)(A) of this section

6 and submit a report to Congress that contains proposed adjustments in the

7 amounts to conform with changed liability expectations and availability of

8 insurance on the world market. The proposed adjustment takes effect 30

9 days after a report is submitted.

10 (e) LAUNCHES INVOLVING GOVERNMENT FACILITIES AND PERSON11 NEL.—The Secretary of Transportation shall establish requirements consist12 ent with this chapter for proof of financial responsibility and other assur13 ances necessary to protect the Government and its executive agencies and

14 personnel from liability, death, bodily injury, or property damage or loss as

15 a result of a launch or operation of a launch site involving a facility or per16 sonnel of the Government. The Secretary may not relieve the Government

17 of liability under this subsection for death, bodily injury, or property dam18 age or loss resulting from the willful misconduct of the Government or its

19 agents.

20 (f) COLLECTION AND CREDITING PAYMENTS.—The head of a depart21 ment, agency, or instrumentality of the Government shall collect a payment

22 owed for damage or loss to Government property under its jurisdiction or

23 control resulting from an activity carried out under a license issued or

24 transferred under this chapter. The payment shall be credited to the current

25 applicable appropriation, fund, or account of the department, agency, or in26 strumentality.

27 § 70113. Paying claims exceeding liability insurance and fi28 nancial responsibility requirements

29 (a) GENERAL REQUIREMENTS.—(1) To the extent provided in advance in

30 an appropriation law or to the extent additional legislative authority is en31 acted providing for paying claims in a compensation plan submitted under

32 subsection (d) of this section, the Secretary of Transportation shall provide

33 for the payment by the United States Government of a successful claim (in34 cluding reasonable litigation or settlement expenses) of a third party against

35 a licensee or transferee under this chapter, a contractor, subcontractor, or

36 customer of the licensee or transferee, or a contractor or subcontractor of

37 a customer, resulting from an activity carried out under the license issued

38 or transferred under this chapter for death, bodily injury, or property dam39 age or loss resulting from an activity carried out under the license. How40 ever, claims may be paid under this section only to the extent the total

41 amount of successful claims related to one launch—
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1 (A) is more than the amount of insurance or demonstration of finan2 cial responsibility required under section 70112(a)(1)(A) of this title;

3 and

4 (B) is not more than $1,500,000,000 (plus additional amounts nec5 essary to reflect inflation occurring after January 1, 1989) above that

6 insurance or financial responsibility amount.

7 (2) The Secretary may not provide for paying a part of a claim for which

8 death, bodily injury, or property damage or loss results from willful mis9 conduct by the licensee or transferee. To the extent insurance required

10 under section 70112(a)(1)(A) of this title is not available to cover a success11 ful third party liability claim because of an insurance policy exclusion the

12 Secretary decides is usual for the type of insurance involved, the Secretary

13 may provide for paying the excluded claims without regard to the limitation

14 contained in section 70112(a)(1).

15 (b) NOTICE, PARTICIPATION, AND APPROVAL.—Before a payment under

16 subsection (a) of this section is made—

17 (1) notice must be given to the Government of a claim, or a civil

18 action related to the claim, against a party described in subsection

19 (a)(1) of this section for death, bodily injury, or property damage or

20 loss;

21 (2) the Government must be given an opportunity to participate or

22 assist in the defense of the claim or action; and

23 (3) the Secretary must approve any part of a settlement to be paid

24 out of appropriations of the Government.

25 (c) WITHHOLDING PAYMENTS.—The Secretary may withhold a payment

26 under subsection (a) of this section if the Secretary certifies that the

27 amount is not reasonable. However, the Secretary shall deem to be reason28 able the amount of a claim finally decided by a court of competent jurisdic29 tion.

30 (d) SURVEYS, REPORTS, AND COMPENSATION PLANS.—(1) If as a result

31 of an activity carried out under a license issued or transferred under this

32 chapter the total of claims related to one launch is likely to be more than

33 the amount of required insurance or demonstration of financial responsibil34 ity, the Secretary shall—

35 (A) survey the causes and extent of damage; and

36 (B) submit expeditiously to Congress a report on the results of the

37 survey.

38 (2) Not later than 90 days after a court determination indicates that the

39 liability for the total of claims related to one launch may be more than the

40 required amount of insurance or demonstration of financial responsibility,
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1 the President, on the recommendation of the Secretary, shall submit to Con2 gress a compensation plan that—

3 (A) outlines the total dollar value of the claims;

4 (B) recommends sources of amounts to pay for the claims;

5 (C) includes legislative language required to carry out the plan if ad6 ditional legislative authority is required; and

7 (D) for a single event or incident, may not be for more than

8 $1,500,000,000.

9 (3) A compensation plan submitted to Congress under paragraph (2) of

10 this subsection shall—

11 (A) have an identification number; and

12 (B) be submitted to the Senate and the House of Representatives

13 on the same day and when the Senate and House are in session.

14 (e) CONGRESSIONAL RESOLUTIONS.—(1) In this subsection, ‘‘resolu15 tion’’—

16 (A) means a joint resolution of Congress the matter after the resolv17 ing clause of which is as follows: ‘‘That the Congress approves the com18 pensation plan numbered lllll submitted to the Congress on

19 lllll ll, l9ll.’’, with the blank spaces being filled appro20 priately; but

21 (B) does not include a resolution that includes more than one com22 pensation plan.

23 (2) The Senate shall consider under this subsection a compensation plan

24 requiring additional appropriations or legislative authority not later than 60

25 calendar days of continuous session of Congress after the date on which the

26 plan is submitted to Congress.

27 (3) A resolution introduced in the Senate shall be referred immediately

28 to a committee by the President of the Senate. All resolutions related to

29 the same plan shall be referred to the same committee.

30 (4)(A) If the committee of the Senate to which a resolution has been re31 ferred does not report the resolution within 20 calendar days after it is re32 ferred, a motion is in order to discharge the committee from further consid33 eration of the resolution or to discharge the committee from further consid34 eration of the plan.

35 (B) A motion to discharge may be made only by an individual favoring

36 the resolution and is highly privileged (except that the motion may not be

37 made after the committee has reported a resolution on the plan). Debate

38 on the motion is limited to one hour, to be divided equally between those

39 favoring and those opposing the resolution. An amendment to the motion

40 is not in order. A motion to reconsider the vote by which the motion is

41 agreed to or disagreed to is not in order.
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1 (C) If the motion to discharge is agreed to or disagreed to, the motion

2 may not be renewed and another motion to discharge the committee from

3 another resolution on the same plan may not be made.

4 (5)(A) After a committee of the Senate reports, or is discharged from fur5 ther consideration of, a resolution, a motion to proceed to the consideration

6 of the resolution is in order at any time, even though a similar previous mo7 tion has been disagreed to. The motion is highly privileged and is not debat8 able. An amendment to the motion is not in order. A motion to reconsider

9 the vote by which the motion is agreed to or disagreed to is not in order.

10 (B) Debate on the resolution referred to in subparagraph (A) of this

11 paragraph is limited to not more than 10 hours, to be divided equally be12 tween those favoring and those opposing the resolution. A motion further

13 to limit debate is not debatable. An amendment to, or motion to recommit,

14 the resolution is not in order. A motion to reconsider the vote by which the

15 resolution is agreed to or disagreed to is not in order.

16 (6) The following shall be decided in the Senate without debate:

17 (A) a motion to postpone related to the discharge from committee.

18 (B) a motion to postpone consideration of a resolution.

19 (C) a motion to proceed to the consideration of other business.

20 (D) an appeal from a decision of the chair related to the application

21 of the rules of the Senate to the procedures related to resolution.

22 (f) APPLICATION.—This section applies to a license issued or transferred

23 under this chapter for which the Secretary receives a complete and valid ap24 plication not later than December 31, 1999.

25 § 70114. Disclosing information

26 The Secretary of Transportation, an officer or employee of the United

27 States Government, or a person making a contract with the Secretary under

28 section 70106(b) of this title may disclose information under this chapter

29 that qualifies for an exemption under section 552(b)(4) of title 5 or is des30 ignated as confidential by the person or head of the executive agency provid31 ing the information only if the Secretary decides withholding the informa32 tion is contrary to the public or national interest.

33 § 70115. Enforcement and penalty

34 (a) PROHIBITIONS.—A person may not violate this chapter, a regulation

35 prescribed under this chapter, or any term of a license issued or transferred

36 under this chapter.

37 (b) GENERAL AUTHORITY.—(1) In carrying out this chapter, the Sec38 retary of Transportation may—

39 (A) conduct investigations and inquiries;

40 (B) administer oaths;

41 (C) take affidavits; and
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1 (D) under lawful process—

2 (i) enter at a reasonable time a launch site, production facility,

3 assembly site of a launch vehicle, or site at which a payload is in4 tegrated with a launch vehicle to inspect an object to which this

5 chapter applies or a record or report the Secretary requires be

6 made or kept under this chapter; and

7 (ii) seize the object, record, or report when there is probable

8 cause to believe the object, record, or report was used, is being

9 used, or likely will be used in violation of this chapter.

10 (2) The Secretary may delegate a duty or power under this chapter relat11 ed to enforcement to an officer or employee of another executive agency with

12 the consent of the head of the agency.

13 (c) CIVIL PENALTY.—(1) After notice and an opportunity for a hearing

14 on the record, a person the Secretary finds to have violated subsection (a)

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

16 of not more than $100,000. A separate violation occurs for each day the

17 violation continues.

18 (2) In conducting a hearing under paragraph (1) of this subsection, the

19 Secretary may—

20 (A) subpena witnesses and records; and

21 (B) enforce a subpena in an appropriate district court of the United

22 States.

23 (3) The Secretary shall impose the civil penalty by written notice. The

24 Secretary may compromise or remit a penalty imposed, or that may be im25 posed, under this section.

26 (4) The Secretary shall recover a civil penalty not paid after the penalty

27 is final or after a court enters a final judgment for the Secretary.

28 § 70116. Consultation

29 (a) MATTERS AFFECTING NATIONAL SECURITY.—The Secretary of

30 Transportation shall consult with the Secretary of Defense on a matter

31 under this chapter affecting national security. The Secretary of Defense

32 shall identify and notify the Secretary of Transportation of a national secu33 rity interest relevant to an activity under this chapter.

34 (b) MATTERS AFFECTING FOREIGN POLICY.—The Secretary of Trans35 portation shall consult with the Secretary of State on a matter under this

36 chapter affecting foreign policy. The Secretary of State shall identify and

37 notify the Secretary of Transportation of a foreign policy interest or obliga38 tion relevant to an activity under this chapter.

39 (c) OTHER MATTERS.—In carrying out this chapter, the Secretary of

40 Transportation shall consult with the head of another executive agency—
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1 (1) to provide consistent application of licensing requirements under

2 this chapter;

3 (2) to ensure fair treatment for all license applicants; and

4 (3) when appropriate.

5 § 70117. Relationship to other executive agencies, laws, and

6 international obligations

7 (a) EXECUTIVE AGENCIES.—Except as provided in this chapter, a person

8 is not required to obtain from an executive agency a license, approval, waiv9 er, or exemption to launch a launch vehicle or operate a launch site.

10 (b) FEDERAL COMMUNICATIONS COMMISSION AND SECRETARY OF COM11 MERCE.—This chapter does not affect the authority of—

12 (1) the Federal Communications Commission under the Communica13 tions Act of 1934 (47 U.S.C. 151 et seq.); or

14 (2) the Secretary of Commerce under the Land Remote-Sensing

15 Commercialization Act of 1984 (15 U.S.C. 4201 et seq.).

16 (c) STATES AND POLITICAL SUBDIVISIONS.—A State or political subdivi17 sion of a State—

18 (1) may not adopt or have in effect a law, regulation, standard, or

19 order inconsistent with this chapter; but

20 (2) may adopt or have in effect a law, regulation, standard, or order

21 consistent with this chapter that is in addition to or more stringent

22 than a requirement of, or regulation prescribed under, this chapter.

23 (d) CONSULTATION.—The Secretary of Transportation is encouraged to

24 consult with a State to simplify and expedite the approval of a space launch

25 activity.

26 (e) FOREIGN COUNTRIES.—The Secretary of Transportation shall—

27 (1) carry out this chapter consistent with an obligation the United

28 States Government assumes in a treaty, convention, or agreement in

29 force between the Government and the government of a foreign coun30 try; and

31 (2) consider applicable laws and requirements of a foreign country

32 when carrying out this chapter.

33 (f) LAUNCH NOT AN EXPORT.—A launch vehicle or payload that is

34 launched is not, because of the launch, an export for purposes of a law con35 trolling exports.

36 (g) NONAPPLICATION.—This chapter does not apply to—

37 (1) a launch, operation of a launch vehicle or launch site, or other

38 space activity the Government carries out for the Government; or

39 (2) planning or policies related to the launch, operation, or activity.
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1 § 70118. User fees

2 The Secretary of Transportation may collect a user fee for a regulatory

3 or other service conducted under this chapter only if specifically authorized

4 by this chapter.

5 § 70119. Authorization of appropriations

6 The following amounts may be appropriated to the Secretary of Transpor7 tation for the fiscal year ending September 30, 1993:

8 (1) $4,900,000 to carry out this chapter.

9 (2) $20,000,000 for a program to ensure the resiliency of the space

10 launch infrastructure of the United States if a law is enacted to estab11 lish that program in the Department of Transportation.

12 CHAPTER 703—SPACE TRANSPORTATION

13 INFRASTRUCTURE MATCHING GRANTS

Sec.

70301. Definitions.

70302. Grant authority.

70303. Grant applications.

70304. Environmental requirements.

70305. Authorization of appropriations.

14 § 70301. Definitions

15 In this chapter—

16 (1) the definitions in section 502 of the National Aeronautics and

17 Space Administration Authorization Act, Fiscal Year 1993 (15 U.S.C.

18 5802) apply.

19 (2) ‘‘commercial space transportation infrastructure development’’

20 includes—

21 (A) construction, improvement, design, and engineering of space

22 transportation infrastructure in the United States; and

23 (B) technical studies to define how new or enhanced space

24 transportation infrastructure can best meet the needs of the Unit25 ed States commercial space transportation industry.

26 (3) ‘‘project’’ means a project (or separate projects submitted to27 gether) to carry out commercial space transportation infrastructure de28 velopment, including the combined submission of all projects to be un29 dertaken at a particular site in a fiscal year.

30 (4) ‘‘project grant’’ means a grant of an amount by the Secretary

31 of Transportation to a sponsor for one or more projects.

32 (5) ‘‘public agency’’ means a State or an agency of a State, a politi33 cal subdivision of a State, or a tax-supported organization.

34 (6) ‘‘sponsor’’ means a public agency that, individually or jointly

35 with one or more other public agencies, submits to the Secretary under

36 this chapter an application for a project grant.
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1 § 70302. Grant authority

2 (a) GENERAL AUTHORITY.—To ensure the resiliency of the space trans3 portation infrastructure of the United States, the Secretary of Transpor4 tation may make project grants to sponsors as provided in this chapter.

5 (b) LIMITATIONS.—The Secretary may make a project grant under this

6 chapter only if—

7 (1) at least 10 percent of the total cost of the project will be paid

8 by the private sector; and

9 (2) the grant will not be for more than 50 percent of the total cost

10 of the project.

11 § 70303. Grant applications

12 (a) GENERAL.—A sponsor may submit to the Secretary of Transportation

13 an application for a project grant. The application must state the project

14 to be undertaken and be in the form and contain the information the Sec15 retary requires.

16 (b) CONSIDERATIONS AND CONSULTATION.—(1) In selecting proposed

17 projects for grants under this section, the Secretary of Transportation shall

18 consider—

19 (A) the contribution of the project to industry capabilities that serve

20 the United States Government’s space transportation needs;

21 (B) the extent of industry’s financial contribution to the project;

22 (C) the extent of industry’s participation in the project;

23 (D) the positive impact of the project on the international competi24 tiveness of the United States space transportation industry;

25 (E) the extent of State contributions to the project; and

26 (F) the impact of the project on launch operations and other activi27 ties at Government launch ranges.

28 (2) The Secretary of Transportation shall consult with the Secretary of

29 Defense, the Administrator of the National Space and Aeronautics Adminis30 tration, and the heads of other appropriate agencies of the Government

31 about paragraph (1)(A) and (F) of this subsection.

32 (c) REQUIREMENTS.—The Secretary of Transportation may approve an

33 application only if the Secretary is satisfied that—

34 (1) the project will contribute to the purposes of this chapter;

35 (2) the project is reasonably consistent with plans (existing at the

36 time of approval of the project) of public agencies that are—

37 (A) authorized by the State in which the project is located; and

38 (B) responsible for the development of the area surrounding the

39 project site;

40 (3) if the application proposes to use Government property, the spe41 cific consent of the head of the appropriate agency has been obtained;
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1 (4) the project will be completed without unreasonable delay;

2 (5) the sponsor submitting the application has the legal authority to

3 engage in the project; and

4 (6) any additional requirements prescribed by the Secretary have

5 been met.

6 (d) PREFERENCE FOR INDUSTRY CONTRIBUTIONS.—The Secretary of

7 Transportation shall give preference to applications for projects for which

8 there will be greater industry financial contributions, all other factors being

9 equal.

10 § 70304. Environmental requirements

11 (a) POLICY.—It is the policy of the United States that projects selected

12 under this chapter shall provide for the protection and enhancement of the

13 natural resources and the quality of the environment of the United States.

14 In carrying out this policy, the Secretary of Transportation shall consult

15 with the Secretary of the Interior and the Administrator of the Environ16 mental Protection Agency about a project that may have a significant effect

17 on natural resources, including fish and wildlife, natural, scenic, and rec18 reational assets, water and air quality, and other factors affecting the envi19 ronment. If the Secretary of Transportation finds that a project will have

20 a significant adverse effect, the Secretary may approve the application for

21 the project only if, after a complete review that is a matter of public record,

22 the Secretary makes a written finding that no feasible and prudent alter23 native to the project exists and that all reasonable steps have been taken

24 to minimize the adverse effect.

25 (b) PUBLIC HEARING REQUIREMENT.—The Secretary of Transportation

26 may approve an application only if the sponsor of the project certifies to

27 the Secretary that an opportunity for a public hearing has been provided

28 to consider the economic, social, and environmental effects of the project

29 and its consistency with the goals of any planning carried out by the com30 munity. When a hearing is held under this paragraph, the sponsor shall sub31 mit a copy of the transcript of the hearing to the Secretary.

32 (c) COMPLIANCE WITH AIR AND WATER QUALITY STANDARDS.—(1) The

33 Secretary of Transportation may approve an application only if the chief ex34 ecutive officer of the State in which the project is located certifies in writing

35 to the Secretary that there is reasonable assurance that the project will be

36 located, designed, constructed, and operated to comply with applicable air

37 and water quality standards. If the Administrator has not prescribed those

38 standards, certification shall be obtained from the Administrator. Notice of

39 certification or refusal to certify shall be provided not later than 60 days

40 after the Secretary receives the application.
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1 (2) The Secretary of Transportation shall condition the approval of an

2 application on compliance with applicable air and water quality standards

3 during construction and operation.

4 (d) COMPLIANCE WITH LAWS AND REGULATIONS.—The Secretary of

5 Transportation may require a certification from a sponsor that the sponsor

6 will comply with all applicable laws and regulations. The Secretary may re7 scind at any time acceptance of a certification from a sponsor under this

8 subsection. This subsection does not affect any responsibility of the Sec9 retary under another law, including—

10 (1) section 303 of this title;

11 (2) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et

12 seq.);

13 (3) title VIII of the Act of April 11, 1968 (42 U.S.C. 3601 et seq.);

14 (4) the National Environmental Policy Act of 1969 (42 U.S.C. 4321

15 et seq.); and

16 (5) the Uniform Relocation Assistance and Real Property Acquisition

17 Policies Act of 1970 (42 U.S.C. 4601 et seq.).

18 § 70305. Authorization of appropriations

19 Not more than $10,000,000 may be appropriated to the Secretary of

20 Transportation to make grants under this chapter. Amounts appropriated

21 under this section remain available until expended.

22 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.

23 § 80101. Definitions

24 In this chapter—

25 (1) ‘‘consignee’’ means the person named in a bill of lading as the

26 person to whom the goods are to be delivered.
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1 (2) ‘‘consignor’’ means the person named in a bill of lading as the

2 person from whom the goods have been received for shipment.

3 (3) ‘‘goods’’ means merchandise or personal property that has been,

4 is being, or will be transported.

5 (4) ‘‘holder’’ means a person having possession of, and a property

6 right in, a bill of lading.

7 (5) ‘‘order’’ means an order by indorsement on a bill of lading.

8 (6) ‘‘purchase’’ includes taking by mortgage or pledge.

9 (7) ‘‘State’’ means a State of the United States, the District of Co10 lumbia, and a territory or possession of the United States.

11 § 80102. Application

12 This chapter applies to a bill of lading when the bill is issued by a com13 mon carrier for the transportation of goods—

14 (1) between a place in the District of Columbia and another place

15 in the District of Columbia;

16 (2) between a place in a territory or possession of the United States

17 and another place in the same territory or possession;

18 (3) between a place in a State and a place in another State;

19 (4) between a place in a State and a place in the same State through

20 another State or a foreign country; or

21 (5) from a place in a State to a place in a foreign country.

22 § 80103. Negotiable and nonnegotiable bills

23 (a) NEGOTIABLE BILLS.—(1) A bill of lading is negotiable if the bill—

24 (A) states that the goods are to be delivered to the order of a con25 signee; and

26 (B) does not contain on its face an agreement with the shipper that

27 the bill is not negotiable.

28 (2) Inserting in a negotiable bill of lading the name of a person to be

29 notified of the arrival of the goods—

30 (A) does not limit its negotiability; and

31 (B) is not notice to the purchaser of the goods of a right the named

32 person has to the goods.

33 (b) NONNEGOTIABLE BILLS.—(1) A bill of lading is nonnegotiable if the

34 bill states that the goods are to be delivered to a consignee. The

35 indorsement of a nonnegotiable bill does not—

36 (A) make the bill negotiable; or

37 (B) give the transferee any additional right.

38 (2) A common carrier issuing a nonnegotiable bill of lading must put

39 ‘‘nonnegotiable’’ or ‘‘not negotiable’’ on the bill. This paragraph does not

40 apply to an informal memorandum or acknowledgment.
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1 § 80104. Form and requirements for negotiation

2 (a) GENERAL RULES.—(1) A negotiable bill of lading may be negotiated

3 by indorsement. An indorsement may be made in blank or to a specified

4 person. If the goods are deliverable to the order of a specified person, then

5 the bill must be indorsed by that person.

6 (2) A negotiable bill of lading may be negotiated by delivery when the

7 common carrier, under the terms of the bill, undertakes to deliver the goods

8 to the order of a specified person and that person or a subsequent indorsee

9 has indorsed the bill in blank.

10 (3) A negotiable bill of lading may be negotiated by a person possessing

11 the bill, regardless of the way in which the person got possession, if—

12 (A) a common carrier, under the terms of the bill, undertakes to de13 liver the goods to that person; or

14 (B) when the bill is negotiated, it is in a form that allows it to be

15 negotiated by delivery.

16 (b) VALIDITY NOT AFFECTED.—The validity of a negotiation of a bill of

17 lading is not affected by the negotiation having been a breach of duty by

18 the person making the negotiation, or by the owner of the bill having been

19 deprived of possession by fraud, accident, mistake, duress, loss, theft, or

20 conversion, if the person to whom the bill is negotiated, or a person to

21 whom the bill is subsequently negotiated, gives value for the bill in good

22 faith and without notice of the breach of duty, fraud, accident, mistake, du23 ress, loss, theft, or conversion.

24 (c) NEGOTIATION BY SELLER, MORTGAGOR, OR PLEDGOR TO PERSON

25 WITHOUT NOTICE.—When goods for which a negotiable bill of lading has

26 been issued are in a common carrier’s possession, and the person to whom

27 the bill has been issued retains possession of the bill after selling, mortgag28 ing, or pledging the goods or bill, the subsequent negotiation of the bill by

29 that person to another person receiving the bill for value, in good faith, and

30 without notice of the prior sale, mortgage, or pledge has the same effect

31 as if the first purchaser of the goods or bill had expressly authorized the

32 subsequent negotiation.

33 § 80105. Title and rights affected by negotiation

34 (a) TITLE.—When a negotiable bill of lading is negotiated—

35 (1) the person to whom it is negotiated acquires the title to the

36 goods that—

37 (A) the person negotiating the bill had the ability to convey to

38 a purchaser in good faith for value; and

39 (B) the consignor and consignee had the ability to convey to

40 such a purchaser; and
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1 (2) the common carrier issuing the bill becomes obligated directly to

2 the person to whom the bill is negotiated to hold possession of the

3 goods under the terms of the bill the same as if the carrier had issued

4 the bill to that person.

5 (b) SUPERIORITY OF RIGHTS.—When a negotiable bill of lading is nego6 tiated to a person for value in good faith, that person’s right to the goods

7 for which the bill was issued is superior to a seller’s lien or to a right to

8 stop the transportation of the goods. This subsection applies whether the

9 negotiation is made before or after the common carrier issuing the bill re10 ceives notice of the seller’s claim. The carrier may deliver the goods to an

11 unpaid seller only if the bill first is surrendered for cancellation.

12 (c) MORTGAGEE AND LIEN HOLDER RIGHTS NOT AFFECTED.—Except

13 as provided in subsection (b) of this section, this chapter does not limit a

14 right of a mortgagee or lien holder having a mortgage or lien on goods

15 against a person that purchased for value in good faith from the owner, and

16 got possession of the goods immediately before delivery to the common car17 rier.

18 § 80106. Transfer without negotiation

19 (a) DELIVERY AND AGREEMENT.—The holder of a bill of lading may

20 transfer the bill without negotiating it by delivery and agreement to transfer

21 title to the bill or to the goods represented by it. Subject to the agreement,

22 the person to whom the bill is transferred has title to the goods against the

23 transferor.

24 (b) COMPELLING INDORSEMENT.—When a negotiable bill of lading is

25 transferred for value by delivery without being negotiated and indorsement

26 of the transferor is essential for negotiation, the transferee may compel the

27 transferor to indorse the bill unless a contrary intention appears. The nego28 tiation is effective when the indorsement is made.

29 (c) EFFECT OF NOTIFICATION.—(1) When a transferee notifies the com30 mon carrier that a nonnegotiable bill of lading has been transferred under

31 subsection (a) of this section, the carrier is obligated directly to the trans32 feree for any obligations the carrier owed to the transferor immediately be33 fore the notification. However, before the carrier is notified, the transferee’s

34 title to the goods and right to acquire the obligations of the carrier may

35 be defeated by—

36 (A) garnishment, attachment, or execution on the goods by a creditor

37 of the transferor; or

38 (B) notice to the carrier by the transferor or a purchaser from the

39 transferor of a later purchase of the goods from the transferor.

40 (2) A common carrier has been notified under this subsection only if—
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1 (A) an officer or agent of the carrier, whose actual or apparent au2 thority includes acting on the notification, has been notified; and

3 (B) the officer or agent has had time, exercising reasonable dili4 gence, to communicate with the agent having possession or control of

5 the goods.

6 § 80107. Warranties and liability

7 (a) GENERAL RULE.—Unless a contrary intention appears, a person ne8 gotiating or transferring a bill of lading for value warrants that—

9 (1) the bill is genuine;

10 (2) the person has the right to transfer the bill and the title to the

11 goods described in the bill;

12 (3) the person does not know of a fact that would affect the validity

13 or worth of the bill; and

14 (4) the goods are merchantable or fit for a particular purpose when

15 merchantability or fitness would have been implied if the agreement of

16 the parties had been to transfer the goods without a bill of lading.

17 (b) SECURITY FOR DEBT.—A person holding a bill of lading as security

18 for a debt and in good faith demanding or receiving payment of the debt

19 from another person does not warrant by the demand or receipt—

20 (1) the genuineness of the bill; or

21 (2) the quantity or quality of the goods described in the bill.

22 (c) DUPLICATES.—A common carrier issuing a bill of lading, on the face

23 of which is the word ‘‘duplicate’’ or another word indicating that the bill

24 is not an original bill, is liable the same as a person that represents and

25 warrants that the bill is an accurate copy of an original bill properly issued.

26 The carrier is not otherwise liable under the bill.

27 (d) INDORSER LIABILITY.—Indorsement of a bill of lading does not make

28 the indorser liable for failure of the common carrier or a previous indorser

29 to fulfill its obligations.

30 § 80108. Alterations and additions

31 An alteration or addition to a bill of lading after its issuance by a com32 mon carrier, without authorization from the carrier in writing or noted on

33 the bill, is void. However, the original terms of the bill are enforceable.

34 § 80109. Liens under negotiable bills

35 A common carrier issuing a negotiable bill of lading has a lien on the

36 goods covered by the bill for—

37 (1) charges for storage, transportation, and delivery (including de38 murrage and terminal charges), and expenses necessary to preserve the

39 goods or incidental to transporting the goods after the date of the bill;

40 and
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1 (2) other charges for which the bill expressly specifies a lien is

2 claimed to the extent the charges are allowed by law and the agreement

3 between the consignor and carrier.

4 § 80110. Duty to deliver goods

5 (a) GENERAL RULES.—Except to the extent a common carrier establishes

6 an excuse provided by law, the carrier must deliver goods covered by a bill

7 of lading on demand of the consignee named in a nonnegotiable bill or the

8 holder of a negotiable bill for the goods when the consignee or holder—

9 (1) offers in good faith to satisfy the lien of the carrier on the goods;

10 (2) has possession of the bill and, if a negotiable bill, offers to in11 dorse and give the bill to the carrier; and

12 (3) agrees to sign, on delivery of the goods, a receipt for delivery if

13 requested by the carrier.

14 (b) PERSONS TO WHOM GOODS MAY BE DELIVERED.—Subject to section

15 80111 of this title, a common carrier may deliver the goods covered by a

16 bill of lading to—

17 (1) a person entitled to their possession;

18 (2) the consignee named in a nonnegotiable bill; or

19 (3) a person in possession of a negotiable bill if—

20 (A) the goods are deliverable to the order of that person; or

21 (B) the bill has been indorsed to that person or in blank by the

22 consignee or another indorsee.

23 (c) COMMON CARRIER CLAIMS OF TITLE AND POSSESSION.—A claim by

24 a common carrier that the carrier has title to goods or right to their posses25 sion is an excuse for nondelivery of the goods only if the title or right is

26 derived from—

27 (1) a transfer made by the consignor or consignee after the ship28 ment; or

29 (2) the carrier’s lien.

30 (d) ADVERSE CLAIMS.—If a person other than the consignee or the per31 son in possession of a bill of lading claims title to or possession of goods

32 and the common carrier knows of the claim, the carrier is not required to

33 deliver the goods to any claimant until the carrier has had a reasonable time

34 to decide the validity of the adverse claim or to bring a civil action to re35 quire all claimants to interplead.

36 (e) INTERPLEADER.—If at least 2 persons claim title to or possession of

37 the goods, the common carrier may—

38 (1) bring a civil action to interplead all known claimants to the

39 goods; or

40 (2) require those claimants to interplead as a defense in an action

41 brought against the carrier for nondelivery.
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1 (f) THIRD PERSON CLAIMS NOT A DEFENSE.—Except as provided in

2 subsections (b), (d), and (e) of this section, title or a right of a third person

3 is not a defense to an action brought by the consignee of a nonnegotiable

4 bill of lading or by the holder of a negotiable bill against the common car5 rier for failure to deliver the goods on demand unless enforced by legal proc6 ess.

7 § 80111. Liability for delivery of goods

8 (a) GENERAL RULES.—A common carrier is liable for damages to a per9 son having title to, or right to possession of, goods when—

10 (1) the carrier delivers the goods to a person not entitled to their

11 possession unless the delivery is authorized under section 80110(b)(2)

12 or (3) of this title;

13 (2) the carrier makes a delivery under section 80110(b)(2) or (3) of

14 this title after being requested by or for a person having title to, or

15 right to possession of, the goods not to make the delivery; or

16 (3) at the time of delivery under section 80110(b)(2) or (3) of this

17 title, the carrier has information it is delivering the goods to a person

18 not entitled to their possession.

19 (b) EFFECTIVENESS OF REQUEST OR INFORMATION.—A request or infor20 mation is effective under subsection (a)(2) or (3) of this section only if—

21 (1) an officer or agent of the carrier, whose actual or apparent au22 thority includes acting on the request or information, has been given

23 the request or information; and

24 (2) the officer or agent has had time, exercising reasonable diligence,

25 to stop delivery of the goods.

26 (c) FAILURE TO TAKE AND CANCEL BILLS.—Except as provided in sub27 section (d) of this section, if a common carrier delivers goods for which a

28 negotiable bill of lading has been issued without taking and canceling the

29 bill, the carrier is liable for damages for failure to deliver the goods to a

30 person purchasing the bill for value in good faith whether the purchase was

31 before or after delivery and even when delivery was made to the person enti32 tled to the goods. The carrier also is liable under this paragraph if part of

33 the goods are delivered without taking and canceling the bill or plainly not34 ing on the bill that a partial delivery was made and generally describing the

35 goods or the remaining goods kept by the carrier.

36 (d) EXCEPTIONS TO LIABILITY.—A common carrier is not liable for fail37 ure to deliver goods to the consignee or owner of the goods or a holder of

38 the bill if—

39 (1) a delivery described in subsection (c) of this section was com40 pelled by legal process;

41 (2) the goods have been sold lawfully to satisfy the carrier’s lien;
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1 (3) the goods have not been claimed; or

2 (4) the goods are perishable or hazardous.

3 § 80112. Liability under negotiable bills issued in parts, sets,

4 or duplicates

5 (a) PARTS AND SETS.—A negotiable bill of lading issued in a State for

6 the transportation of goods to a place in the 48 contiguous States or the

7 District of Columbia may not be issued in parts or sets. A common carrier

8 issuing a bill in violation of this subsection is liable for damages for failure

9 to deliver the goods to a purchaser of one part for value in good faith even

10 though the purchase occurred after the carrier delivered the goods to a hold11 er of one of the other parts.

12 (b) DUPLICATES.—When at least 2 negotiable bills of lading are issued

13 in a State for the same goods to be transported to a place in the 48 contig14 uous States or the District of Columbia, the word ‘‘duplicate’’ or another

15 word indicating that the bill is not an original must be put plainly on the

16 face of each bill except the original. A common carrier violating this sub17 section is liable for damages caused by the violation to a purchaser of the

18 bill for value in good faith as an original bill even though the purchase oc19 curred after the carrier delivered the goods to the holder of the original bill.

20 § 80113. Liability for nonreceipt, misdescription, and im21 proper loading

22 (a) LIABILITY FOR NONRECEIPT AND MISDESCRIPTION.—Except as pro23 vided in this section, a common carrier issuing a bill of lading is liable for

24 damages caused by nonreceipt by the carrier of any part of the goods by

25 the date shown in the bill or by failure of the goods to correspond with the

26 description contained in the bill. The carrier is liable to the owner of goods

27 transported under a nonnegotiable bill (subject to the right of stoppage in

28 transit) or to the holder of a negotiable bill if the owner or holder gave value

29 in good faith relying on the description of the goods in the bill or on the

30 shipment being made on the date shown in the bill.

31 (b) NONLIABILITY OF CARRIERS.—A common carrier issuing a bill of lad32 ing is not liable under subsection (a) of this section—

33 (1) when the goods are loaded by the shipper;

34 (2) when the bill—

35 (A) describes the goods in terms of marks or labels, or in a

36 statement about kind, quantity, or condition; or

37 (B) is qualified by ‘‘contents or condition of contents of pack38 ages unknown’’, ‘‘said to contain’’, ‘‘shipper’s weight, load, and

39 count’’, or words of the same meaning; and

40 (3) to the extent the carrier does not know whether any part of the

41 goods were received or conform to the description.
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1 (c) LIABILITY FOR IMPROPER LOADING.—A common carrier issuing a bill

2 of lading is not liable for damages caused by improper loading if—

3 (1) the shipper loads the goods; and

4 (2) the bill contains the words ‘‘shipper’s weight, load, and count’’,

5 or words of the same meaning indicating the shipper loaded the goods.

6 (d) CARRIER’S DUTY TO DETERMINE KIND, QUANTITY, AND NUMBER.—

7 (1) When bulk freight is loaded by a shipper that makes available to the

8 common carrier adequate facilities for weighing the freight, the carrier must

9 determine the kind and quantity of the freight within a reasonable time

10 after receiving the written request of the shipper to make the determination.

11 In that situation, inserting the words ‘‘shipper’s weight’’ or words of the

12 same meaning in the bill of lading has no effect.

13 (2) When goods are loaded by a common carrier, the carrier must count

14 the packages of goods, if package freight, and determine the kind and quan15 tity, if bulk freight. In that situation, inserting in the bill of lading or in

16 a notice, receipt, contract, rule, or tariff, the words ‘‘shipper’s weight, load,

17 and count’’ or words indicating that the shipper described and loaded the

18 goods, has no effect except for freight concealed by packages.

19 § 80114. Lost, stolen, and destroyed negotiable bills

20 (a) DELIVERY ON COURT ORDER AND SURETY BOND.—If a negotiable

21 bill of lading is lost, stolen, or destroyed, a court of competent jurisdiction

22 may order the common carrier to deliver the goods if the person claiming

23 the goods gives a surety bond, in an amount approved by the court, to in24 demnify the carrier or a person injured by delivery against liability under

25 the outstanding original bill. The court also may order payment of reason26 able costs and attorney’s fees to the carrier. A voluntary surety bond, with27 out court order, is binding on the parties to the bond.

28 (b) LIABILITY TO HOLDER.—Delivery of goods under a court order under

29 subsection (a) of this section does not relieve a common carrier from liabil30 ity to a person to whom the negotiable bill has been or is negotiated for

31 value without notice of the court proceeding or of the delivery of the goods.

32 § 80115. Limitation on use of judicial process to obtain pos33 session of goods from common carriers

34 (a) ATTACHMENT AND LEVY.—Except when a negotiable bill of lading

35 was issued originally on delivery of goods by a person that did not have the

36 power to dispose of the goods, goods in the possession of a common carrier

37 for which a negotiable bill has been issued may be attached through judicial

38 process or levied on in execution of a judgment only if the bill is surren39 dered to the carrier or its negotiation is enjoined.
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1 (b) DELIVERY.—A common carrier may be compelled by judicial process

2 to deliver goods under subsection (a) of this section only when the bill is

3 surrendered to the carrier or impounded by the court.

4 § 80116. Criminal penalty

5 A person shall be fined under title 18, imprisoned for not more than 5

6 years, or both, if the person—

7 (1) violates this chapter with intent to defraud; or

8 (2) knowingly or with intent to defraud—

9 (A) falsely makes, alters, or copies a bill of lading subject to

10 this chapter;

11 (B) utters, publishes, or issues a falsely made, altered, or copied

12 bill subject to this chapter; or

13 (C) negotiates or transfers for value a bill containing a false

14 statement.

15 CHAPTER 803—CONTRABAND

Sec.

80301. Definitions.

80302. Prohibitions.

80303. Seizure and forfeiture.

80304. Administrative.

80305. Availability of certain appropriations.

80306. Relationship to other laws.

16 § 80301. Definitions

17 In this chapter—

18 (1) ‘‘aircraft’’ means a contrivance used, or capable of being used,

19 for transportation in the air.

20 (2) ‘‘vehicle’’ means a contrivance used, or capable of being used, for

21 transportation on, below, or above land, but does not include aircraft.

22 (3) ‘‘vessel’’ means a contrivance used, or capable of being used, for

23 transportation in water, but does not include aircraft.

24 § 80302. Prohibitions

25 (a) DEFINITION.—In this section, ‘‘contraband’’ means—

26 (1) a narcotic drug (as defined in section 102 of the Comprehensive

27 Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)), in28 cluding marihuana (as defined in section 102 of that Act (21 U.S.C.

29 802)), that—

30 (A) is possessed with intent to sell or offer for sale in violation

31 of the laws and regulations of the United States;

32 (B) is acquired, possessed, sold, transferred, or offered for sale

33 in violation of those laws;

34 (C) is acquired by theft, robbery, or burglary and transported—

35 (i) in the District of Columbia or a territory or possession

36 of the United States; or
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1 (ii) from a place in a State, the District of Columbia, or

2 a territory or possession of the United States, to a place in

3 another State, the District of Columbia, or a territory or pos4 session; or

5 (D) does not bear tax-paid internal revenue stamps required by

6 those laws or regulations;

7 (2) a firearm involved in a violation of chapter 53 of the Internal

8 Revenue Code of 1986 (26 U.S.C. 5801 et seq.);

9 (3) a forged, altered, or counterfeit—

10 (A) coin or an obligation or other security of the United States

11 Government (as defined in section 8 of title 18); or

12 (B) coin, obligation, or other security of the government of a

13 foreign country;

14 (4) material or equipment used, or intended to be used, in making

15 a coin, obligation, or other security referred to in clause (3) of this sub16 section; or

17 (5) a cigarette involved in a violation of chapter 114 of title 18 or

18 a regulation prescribed under chapter 114.

19 (b) PROHIBITIONS.—A person may not—

20 (1) transport contraband in an aircraft, vehicle, or vessel;

21 (2) conceal or possess contraband on an aircraft, vehicle, or vessel;

22 or

23 (3) use an aircraft, vehicle, or vessel to facilitate the transportation,

24 concealment, receipt, possession, purchase, sale, exchange, or giving

25 away of contraband.

26 § 80303. Seizure and forfeiture

27 The Secretary of the Treasury or the Governor of Guam or of the North28 ern Mariana Islands as provided in section 80304 of this title, or a person

29 authorized by another law to enforce section 80302 of this title, shall seize

30 an aircraft, vehicle, or vessel involved in a violation of section 80302 and

31 place it in the custody of a person designated by the Secretary or appro32 priate Governor, as the case may be. The seized aircraft, vehicle, or vessel

33 shall be forfeited, except when the owner establishes that a person except

34 the owner committed the violation when the aircraft, vehicle, or vessel was

35 in the possession of a person who got possession by violating a criminal law

36 of the United States or a State. However, an aircraft, vehicle, or vessel used

37 by a common carrier to provide transportation for compensation may be for38 feited only when—

39 (1) the owner, conductor, driver, pilot, or other individual in charge

40 of the aircraft or vehicle (except a rail car or engine) consents to, or

41 knows of, the alleged violation when the violation occurs;
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1 (2) the owner of the rail car or engine consents to, or knows of, the

2 alleged violation when the violation occurs; or

3 (3) the master or owner of the vessel consents to, or knows of, the

4 alleged violation when the violation occurs.

5 § 80304. Administrative

6 (a) GENERAL.—Except as provided in subsections (b) and (c) of this sec7 tion, the Secretary of the Treasury—

8 (1) may designate officers, employees, agents, or other persons to

9 carry out this chapter; and

10 (2) shall prescribe regulations to carry out this chapter.

11 (b) IN GUAM.—The Governor of Guam—

12 (1) or officers of the government of Guam designated by the Gov13 ernor shall carry out this chapter in Guam;

14 (2) may carry out laws referred to in section 80306(b) of this title

15 with modifications the Governor decides are necessary to meet condi16 tions in Guam; and

17 (3) may prescribe regulations to carry out this chapter in Guam.

18 (c) IN NORTHERN MARIANA ISLANDS.—The Governor of the Northern

19 Mariana Islands—

20 (1) or officers of the government of the Northern Mariana Islands

21 designated by the Governor shall carry out this chapter in the Northern

22 Mariana Islands;

23 (2) may carry out laws referred to in section 80306(b) of this title

24 with modifications the Governor decides are necessary to meet condi25 tions in the Northern Mariana Islands; and

26 (3) may prescribe regulations to carry out this chapter in the North27 ern Mariana Islands.

28 (d) CUSTOMS LAWS ON SEIZURE AND FORFEITURE.—The Secretary, or

29 the Governor of Guam or of the Northern Mariana Islands as provided in

30 subsections (b) and (c) of this section, shall carry out the customs laws on

31 the seizure and forfeiture of aircraft, vehicles, and vessels under this chap32 ter.

33 § 80305. Availability of certain appropriations

34 Appropriations for enforcing customs, narcotics, counterfeiting, or inter35 nal revenue laws are available to carry out this chapter.

36 § 80306. Relationship to other laws

37 (a) CHAPTER AS ADDITIONAL LAW.—This chapter is in addition to an38 other law—

39 (1) imposing, or authorizing the compromise of, fines, penalties, or

40 forfeitures; or
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1 (2) providing for seizure, condemnation, or disposition of forfeited

2 property, or the proceeds from the property.

3 (b) LAWS APPLICABLE TO SEIZURES AND FORFEITURES.—To the extent

4 applicable and consistent with this chapter, the following apply to a seizure

5 or forfeiture under this chapter:

6 (1) provisions of law related to the seizure, forfeiture, and condemna7 tion of vehicles and vessels violating the customs laws.

8 (2) provisions of law related to the disposition of those vehicles or

9 vessels or the proceeds from the sale of those vehicles or vessels.

10 (3) provisions of law related to the compromise of those forfeitures

11 or claims related to those forfeitures.

12 (4) provisions of law related to the award of compensation to an in13 former about those forfeitures.

14 CHAPTER 805—MISCELLANEOUS

Sec.

80501. Damage to transported property.

80502. Transportation of animals.

80503. Payments for inspection and quarantine services.

80504. Medals of honor.

15 § 80501. Damage to transported property

16 (a) CRIMINAL PENALTY.—A person willfully damaging, or attempting to

17 damage, property in the possession of an air carrier, motor carrier, or rail

18 carrier and being transported in interstate or foreign commerce, shall be

19 fined under title 18, imprisoned for not more than 10 years, or both. In

20 a criminal proceeding under this section, a shipping document for the prop21 erty is prima facie evidence of the places to which and from which the prop22 erty was being transported.

23 (b) PROHIBITION AGAINST MULTIPLE PROSECUTIONS FOR SAME ACT.—

24 A person may not be prosecuted for an act under this section when the per25 son has been convicted or acquitted on the merits for the same act under

26 the laws of a State, the District of Columbia, or a territory or possession

27 of the United States.

28 § 80502. Transportation of animals

29 (a) CONFINEMENT.—(1) Except as provided in this section, a rail carrier,

30 express carrier, or common carrier (except by air or water), a receiver,

31 trustee, or lessee of one of those carriers, or an owner or master of a vessel

32 transporting animals from a place in a State, the District of Columbia, or

33 a territory or possession of the United States through or to a place in an34 other State, the District of Columbia, or a territory or possession, may not

35 confine animals in a vehicle or vessel for more than 28 consecutive hours

36 without unloading the animals for feeding, water, and rest.
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1 (2) Sheep may be confined for an additional 8 consecutive hours without

2 being unloaded when the 28-hour period of confinement ends at night. Ani3 mals may be confined for—

4 (A) more than 28 hours when the animals cannot be unloaded be5 cause of accidental or unavoidable causes that could not have been an6 ticipated or avoided when being careful; and

7 (B) 36 consecutive hours when the owner or person having custody

8 of animals being transported requests, in writing and separate from a

9 bill of lading or other rail form, that the 28-hour period be extended

10 to 36 hours.

11 (3) Time spent in loading and unloading animals is not included as part

12 of a period of confinement under this subsection.

13 (b) UNLOADING, FEEDING, WATERING, AND REST.—Animals being

14 transported shall be unloaded in a humane way into pens equipped for feed15 ing, water, and rest for at least 5 consecutive hours. The owner or person

16 having custody of the animals shall feed and water the animals. When the

17 animals are not fed and watered by the owner or person having custody,

18 the rail carrier, express carrier, or common carrier (except by air or water),

19 the receiver, trustee, or lessee of one of those carriers, or the owner or mas20 ter of a vessel transporting the animals—

21 (1) shall feed and water the animals at the reasonable expense of

22 the owner or person having custody, except that the owner or shipper

23 may provide food;

24 (2) has a lien on the animals for providing food, care, and custody

25 that may be collected at the destination in the same way that a trans26 portation charge is collected; and

27 (3) is not liable for detaining the animals for a reasonable period to

28 comply with subsection (a) of this section.

29 (c) NONAPPLICATION.—This section does not apply when animals are

30 transported in a vehicle or vessel in which the animals have food, water,

31 space, and an opportunity for rest.

32 (d) CIVIL PENALTY.—A rail carrier, express carrier, or common carrier

33 (except by air or water), a receiver, trustee, or lessee of one of those car34 riers, or an owner or master of a vessel that knowingly and willfully violates

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

36 at least $100 but not more than $500 for each violation. On learning of

37 a violation, the Attorney General shall bring a civil action to collect the pen38 alty in the district court of the United States for the judicial district in

39 which the violation occurred or the defendant resides or does business.

40 § 80503. Payments for inspection and quarantine services

41 (a) GENERAL.—(1) In this subsection—
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1 (A) ‘‘private aircraft’’ means a civilian aircraft not being used to

2 transport passengers or property for compensation.

3 (B) ‘‘private vessel’’ means a civilian vessel not being used—

4 (i) to transport passengers or property for compensation; or

5 (ii) in fishing or fish processing operations.

6 (2) Notwithstanding section 451 of the Tariff Act of 1930 (19 U.S.C.

7 1451), the owner, operator, or agent of a private aircraft or private vessel

8 may pay not more than $25 for the services of an officer or employee of

9 the Department of Agriculture, the Customs Service, the Immigration and

10 Naturalization Service, or the Public Health Service (including an independ11 ent contractor performing an inspection service for the Public Health Serv12 ice) when the services are performed on a Sunday, holiday, or from 5 p.m.

13 through 8 a.m. on a weekday, and are related to the aircraft’s or vessel’s

14 arrival in, or departure from, the United States. However, the owner, opera15 tor, or agent does not have to pay for the services from 5 p.m. through 8

16 a.m. on a weekday when an officer or employee on regular duty is available

17 at the place of arrival or departure to perform services.

18 (3) The head of a department, agency, or instrumentality of the United

19 States Government providing services under paragraph (2) of this sub20 section shall collect the amount paid for the services and deposit the amount

21 in the Treasury. The amount shall be credited to the appropriation of the

22 department, agency, or instrumentality against which the expense of those

23 services was charged.

24 (b) LIMITATIONS ON REIMBURSEMENT.—(1) An owner or operator of an

25 aircraft is required to reimburse the head of a department, agency, or in26 strumentality of the Government for the expenses of performing an inspec27 tion or quarantine service related to the aircraft at a place of inspection

28 during regular service hours on a Sunday or holiday only to the same extent

29 that an owner or operator makes reimbursement for the service during regu30 lar service hours on a weekday. The head of the department, agency, or in31 strumentality may not assess an owner or operator of an aircraft for admin32 istrative overhead expenses for inspection or quarantine service provided by

33 the department, agency, or instrumentality at an entry airport.

34 (2) This subsection does not require reimbursement for costs incurred by

35 the Secretary of the Treasury in providing customs services described in sec36 tion 13031(e)(1) of the Consolidated Omnibus Budget Reconciliation Act of

37 1985 (19 U.S.C. 58c(e)(1)).

38 § 80504. Medals of honor

39 (a) MEDALS.—The President may prepare and give a bronze medal of

40 honor with emblematic devices to an individual who by extreme daring en41 dangers that individual’s life in trying to prevent, or save the life of another
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1 in, a grave accident in the United States involving a rail carrier providing

2 transportation in interstate commerce or involving a motor vehicle on the

3 public streets, roads, or highways. The President may give a medal only

4 when sufficient evidence that the individual deserves the medal has been

5 filed under regulations prescribed by the President.

6 (b) RIBBONS, KNOTS, AND ROSETTES.—The President may give an indi7 vidual who receives a medal a ribbon to be worn with the medal and a knot

8 or rosette to be worn in place of the medal. The President shall prescribe

9 the design for the ribbon, knot, and rosette. If the ribbon is lost, destroyed,

10 or made unfit for use and the individual receiving the medal is not neg11 ligent, the President shall issue a new ribbon without charge to the individ12 ual.

13 (c) AVAILABILITY OF APPROPRIATIONS.—Appropriations made to the

14 Secretary of Transportation are available to carry out this section.

15 PORTS OF ENTRY

16 Sec. 2. (a) The definitions in section 40102(a) of title 49, United States

17 Code, apply to this section.

18 (b)(1) The Secretary of the Treasury may—

19 (A) designate ports of entry in the United States for civil aircraft

20 arriving in the United States from a place outside the United States

21 and property transported on that aircraft;

22 (B) detail to ports of entry officers and employees of the United

23 States Customs Service the Secretary considers necessary;

24 (C) give an officer or employee of the United States Government sta25 tioned at a port of entry (with the consent of the head of the depart26 ment, agency, or instrumentality of the Government with jurisdiction

27 over the officer or employee) duties and powers of officers or employees

28 of the Customs Service;

29 (D) by regulation, apply to civil air navigation the laws and regula30 tions on carrying out the customs laws, to the extent and under condi31 tions the Secretary considers necessary; and

32 (E) by regulation, apply to civil aircraft the laws and regulations on

33 entry and clearance of vessels, to the extent and under conditions the

34 Secretary considers necessary.

35 (2) A person violating a customs regulation prescribed under paragraph

36 (1)(A)–(D) of this subsection or a public health or customs law or regula37 tion made applicable to aircraft by a regulation under paragraph (1)(A)–

38 (D) is liable to the Government for a civil penalty of $5,000 for each viola39 tion. An aircraft involved in the violation may be seized and forfeited under

40 the customs laws. The Secretary of the Treasury may remit or mitigate a

41 penalty and forfeiture under this paragraph.
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1 (3) A person violating a regulation made applicable under paragraph

2 (1)(E) of this subsection or an immigration regulation prescribed under

3 paragraph (1)(E) is liable to the Government for a civil penalty of $5,000

4 for each violation. The Secretary of the Treasury or the Attorney General

5 may remit or mitigate a penalty under this paragraph.

6 (4) In addition to any other penalty, when a controlled substance de7 scribed in section 584 of the Tariff Act of 1930 (19 U.S.C. 1584) is found

8 on, or to have been unloaded from, an aircraft to which this subsection ap9 plies, the owner of, or individual commanding, the aircraft is liable to the

10 Government for the penalties provided in section 584 for each violation un11 less the owner or individual, by a preponderance of the evidence, dem12 onstrates that the owner or individual did not know, and by exercising the

13 highest degree of care and diligence, could not have known, that a controlled

14 substance was on the aircraft.

15 (5) If a violation under this subsection is by the owner or operator of,

16 or individual commanding, the aircraft, the aircraft is subject to a lien for

17 the penalty.

18 (c)(1) The Secretary of Agriculture by regulation may apply laws and

19 regulations on animal and plant quarantine (including laws and regulations

20 on importing, exporting, transporting, and quarantining animals, plants,

21 animal and plant products, insects, bacterial and fungus cultures, viruses,

22 and serums) to civil air navigation to the extent and under conditions the

23 Secretary considers necessary.

24 (2) A person violating a law or regulation made applicable under para25 graph (1) of this subsection is liable for the penalties provided under that

26 law or regulation.

27 (d) A decision to remit or mitigate a civil penalty under this section is

28 final. When libel proceedings are pending during a proceeding to remit or

29 mitigate a penalty, the appropriate Secretary shall notify the Attorney Gen30 eral of the remission or mitigation proceeding.

31 (e)(1) An aircraft subject to a lien under this section may be seized sum32 marily by and placed in the custody of a person authorized by regulations

33 of the appropriate Secretary or the Attorney General. A report of the case

34 shall be sent to the Attorney General. The Attorney General shall bring

35 promptly a civil action in rem to enforce the lien or notify the appropriate

36 Secretary that the action will not be brought.

37 (2) An aircraft seized under this section shall be released from custody

38 when—

39 (A) the civil penalty or amount not remitted or mitigated is paid;

40 (B) the aircraft is seized under process of a court in a civil action

41 in rem to enforce the lien;
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1 (C) the Attorney General gives notice that a civil action will not be

2 brought under paragraph (1) of this subsection; or

3 (D) a bond is deposited with the appropriate Secretary or the Attor4 ney General in an amount and with a surety the appropriate Secretary

5 or the Attorney General prescribes, conditioned on payment of the pen6 alty or amount not remitted or mitigated.

7 (f) A civil penalty under this section may be collected by bringing a civil

8 action against the person subject to the penalty, a civil action in rem

9 against an aircraft subject to a lien for a penalty, or both. The action shall

10 conform as nearly as practicable to a civil action in admiralty, regardless

11 of the place an aircraft in a civil action in rem is seized. However, a party

12 may demand a trial by jury of an issue of fact if the value of the matter

13 in controversy is more than $20. An issue of fact tried by jury may be reex14 amined only under common law rules.

15 (g) Necessary amounts may be appropriated to allow the head of a de16 partment, agency, or instrumentality of the Government to acquire space at

17 a public airport (as defined in section 47102 of title 49) when the head de18 cides the space is necessary to carry out inspections, clearance, collection

19 of taxes or duties, or a similar responsibility of the head, related to trans20 porting passengers or property in air commerce. The head must consult

21 with the Secretary of Transportation before making a decision on space.

22 MASS TRANSPORTATION EXEMPTION

23 Sec. 3. Chapter 105 of title 49, United States Code, is amended as fol24 lows:

25 (1) Insert immediately after section 10530 the following new section:

26 ‘‘§ 10531. Mass transportation exemption

27 ‘‘(a) DEFINITIONS.—The definitions in section 5302(a) of this title apply

28 to this section.

29 ‘‘(b) PETITION FOR GRANTING EXEMPTIONS.—A State or local govern30 mental authority may petition the Interstate Commerce Commission for an

31 exemption from the jurisdiction of the Commission under this subchapter

32 for mass transportation the authority provides or has provided to it by con33 tract. Not later than 180 days after the Commission receives a petition and

34 after notice and a reasonable opportunity for a proceeding, the Commission

35 shall exempt the State, local governmental authority, or contractor unless

36 the Commission finds that—

37 ‘‘(1) the public interest would not be served by an exemption;

38 ‘‘(2) the exemption would result in an unreasonable burden on inter39 state or foreign commerce; or

40 ‘‘(3) a State or local governmental authority may not regulate the

41 mass transportation to be exempt under this section.
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1 ‘‘(c) APPLICATION OF OTHER LAWS.—All applicable laws of the United

2 States related to safety and to representation of employees for collective

3 bargaining purposes, retirement, annuities, and unemployment systems, and

4 all other laws related to employee–employer relations, apply to a State or

5 local governmental authority that was granted, or whose contractor was

6 granted, an exemption under this section.

7 ‘‘(d) CHANGING AND REVOKING EXEMPTIONS.—The Commission may

8 change or revoke an exemption if it finds that new evidence, material error,

9 or changed circumstances exist that materially affect the original order. The

10 Commission may act on its own initiative or on application of an interested

11 party.’’.

12 (2) Insert immediately below item 10530 in the analysis of the chap13 ter the following new item:

‘‘10531. Mass transportation exemption.’’.

14 CONFORMING PROVISIONS

15 Sec. 4. (a) Section 401 of the Federal Election Campaign Act of 1971

16 (2 U.S.C. 451) is amended by striking ‘‘Civil Aeronautics Board’’ and

17 ‘‘Board or Commission’’ and substituting ‘‘Secretary of Transportation’’

18 and ‘‘Secretary under subpart II of part A of subtitle VII of title 49, United

19 States Code, or such Commission,’’, respectively.

20 (b) Title 5, United States Code, is amended as follows:

21 (1) In section 5109, add at the end of the section the following new

22 subsection:

23 ‘‘(c)(1) The position held by a fully experienced and qualified railroad

24 safety inspector of the Department of Transportation shall be classified in

25 accordance with this chapter, but not lower than GS–12.

26 ‘‘(2) The position held by a railroad safety specialist of the Department

27 shall be classified in accordance with this chapter, but not lower than GS–

28 13.’’.

29 (2) In section 5315, strike—

30 ‘‘Administrator of the St. Lawrence Seaway Development Corpora31 tion.’’

32 and substitute—

33 ‘‘Administrator of the Saint Lawrence Seaway Development Corpora34 tion.’’.

35 (3) In section 8172, strike ‘‘Secretary of the Treasury’’ and sub36 stitute ‘‘Secretary of Transportation’’.

37 (c) Section 511(e) of the Motor Vehicle Information and Cost Savings Act

38 (15 U.S.C. 2011(e)) is amended to read as follows:

39 ‘‘(e) For purposes of this section—
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1 ‘‘(1) ‘retrofit device’ means any component, equipment, or other de2 vice—

3 ‘‘(A) which is designed to be installed in or on an automobile

4 (as an addition to, as a replacement for, or through alteration or

5 modification of, any original component, equipment, or other de6 vice); and

7 ‘‘(B) which any manufacturer, dealer, or distributor of such de8 vice represents will provide higher fuel economy than would have

9 resulted with the automobile as originally equipped,

10 as determined under rules of the Administrator. Such term also in11 cludes a fuel additive for use in an automobile.

12 ‘‘(2) the definitions in section 32901(a) of title 49, United States

13 Code, apply.’’.

14 (d) Section 6001(1) of title 18, United States Code, is amended by strik15 ing ‘‘the Civil Aeronautics Board,’’.

16 (e) Chapter 33 of title 28, United States Code, is amended as follows:

17 (1) Insert immediately after section 537 the following new section:

18 ‘‘§ 538. Investigation of aircraft piracy and related violations

19 ‘‘The Federal Bureau of Investigation shall investigate any violation of

20 section 46314 or chapter 465 of title 49.’’.

21 (2) In the analysis of chapter 33, insert immediately after item 537

22 the following new item:

‘‘538. Investigation of aircraft piracy and related violations.’’.

23 (f)(1) Title 31, United States Code, is amended as follows:

24 (A) In section 309, strike ‘‘section 2A(a)’’ and substitute ‘‘section

25 3(a)’’.

26 (B) In section 503(b)(9), strike ‘‘perform’’ and substitute ‘‘Per27 form’’.

28 (C) In the analysis of chapter 7, immediately above item 781,

29 strike—

‘‘Sec.’’.

30 (D) In section 782, strike ‘‘612a).’’ and substitute ‘‘612a)).’’.

31 (E) In section 1105(a), strike—

32 ‘‘(26) a separate’’

33 and substitute—

34 ‘‘(27) a separate’’.

35 (F) Section 1352 is amended as follows:

36 (i) Immediately below subsection (b)(7), strike—

37 ‘‘(C)(1) Any’’

38 and substitute—

39 ‘‘(c)(1) Any’’.
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1 (ii) In subsection (e)(1)(C), strike ‘‘appropirated’’ and ‘‘law’’

2 and substitute ‘‘appropriated’’ and ‘‘law.’’, respectively.

3 (iii) In subsection (h)(7), strike ‘‘agency’’ and ‘‘guaranty’’ and

4 substitute ‘‘agency.’’ and ‘‘guaranty.’’, respectively.

5 (G) The analysis of chapter 33 is amended by inserting below item

6 3333 the following new item:

‘‘3334. Cancellation and proceeds distribution of Treasury checks.’’.

7 (H) In section 3302(c)(1), strike the comma at the end and sub8 stitute a period.

9 (I) In section 3330(d)(1)(B), strike ‘‘Administrator’’ and substitute

10 ‘‘Secretary of Veterans Affairs’’.

11 (J)(i) In section 3512(c)(1), strike ‘‘subsection (a)(3)’’ and sub12 stitute ‘‘subsection (b)(3)’’.

13 (ii) In section 3512(d)(1) and (2), strike ‘‘subsection (b)’’ wherever

14 it appears and substitute ‘‘subsection (c)’’.

15 (K) In section 3551(1), strike ‘‘an Federal’’ and substitute ‘‘a Fed16 eral’’.

17 (L) In section 3552, strike ‘‘section 111(h)’’ and ‘‘(40 U.S.C.

18 759(h))’’ and substitute ‘‘section 111(f)’’ and ‘‘(40 U.S.C. 759(f))’’, re19 spectively.

20 (M) In section 3718(b)(3)(A), strike ‘‘15 U.S.C. 6376(d)(3)(C)(i)’’

21 and substitute ‘‘15 U.S.C. 637(d)(3)(C)(i)’’.

22 (N) In section 3726(d), strike ‘‘miscellaneous receipt’’ and substitute

23 ‘‘miscellaneous receipts’’.

24 (O) In section 3729(e), strike ‘‘1954’’ and substitute ‘‘1986’’.

25 (P) In section 3730(e)(2)(B), strike ‘‘section paragraphs (1)’’ and

26 substitute ‘‘paragraphs (1)’’.

27 (Q) In section 3801(a)(7)(B)(ii), strike ‘‘section 3803 of such title’’

28 and substitute ‘‘section 3803 of this title’’.

29 (R) In section 5112(h), strike ‘‘title 31, United States Code’’ and

30 substitute ‘‘this title’’.

31 (S) In section 6101(4)(B), strike ‘‘agency’’ and substitute ‘‘agency.’’.

32 (T) In the catchline of section 6202, strike ‘‘form’’ and substitute

33 ‘‘form,’’.

34 (U)(i) At the end of the analysis of chapter 69, add the following

35 new item:

‘‘6907. State legislation requiring reallocation or redistribution of payments to smaller units

of general purpose government.’’.

36 (ii) Section 6907 is amended by adding before subsection (a) the fol37 lowing:
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1 ‘‘§ 6907. State legislation requiring reallocation or redis2 tribution of payments to smaller units of general

3 purpose government’’.

4 (V) In section 7102(3), strike ‘‘politicial’’ and substitute ‘‘political’’.

5 (W) Section 7502 is amended as follows:

6 (i) In subsection (b)(2)(A), strike ‘‘the date of enactment of this

7 chapter’’ and substitute ‘‘October 19, 1984’’.

8 (ii) In subsection (b)(2)(B), strike ‘‘such date’’ and substitute

9 ‘‘October 19, 1984’’.

10 (iii) In subsection (d), strike paragraph (5) and redesignate

11 paragraph (6) as paragraph (5).

12 (iv) In subsection (g), strike ‘‘section 3512(b)’’ and substitute

13 ‘‘section 3512(c)’’.

14 (X) In section 7503(a), strike ‘‘To the extend’’ and substitute ‘‘To

15 the extent’’.

16 (Y)(i) Subtitle V is amended by adding at the end of the subtitle

17 the following new chapter:

18 ‘‘CHAPTER 77—LOAN REQUIREMENTS

‘‘Sec.

‘‘7701. Taxpayer identifying number.

19 ‘‘§ 7701. Taxpayer identifying number

20 ‘‘(a) In this section—

21 ‘‘(1) ‘included Federal loan program’ has the same meaning given

22 that term in section 6103(l)(3)(C) of the Internal Revenue Code of

23 1986 (26 U.S.C. 6103(l)(3)(C)).

24 ‘‘(2) ‘taxpayer identifying number’ means the identifying number re25 quired under section 6109 of the Internal Revenue Code of 1986 (26

26 U.S.C. 6109).

27 ‘‘(b) The head of an agency administering an included Federal loan pro28 gram shall require a person applying for a loan under the program to pro29 vide that person’s taxpayer identifying number.’’.

30 (ii) The analysis of subtitle V is amended by adding immediately

31 after item 75 the following new item:

‘‘77. Loan Requirements .......................................................................................... 7701’’.

32 (Z) In section 9101(2)(K), strike ‘‘The’’ and substitute ‘‘the’’.

33 (AA) In section 9110(e)(1), strike ‘‘subparagraph’’ and substitute

34 ‘‘section’’.

35 (2) Effective December 22, 1987, section 407 of The Judiciary Appro36 priation Act, 1988 (Public Law 100–202, 101 Stat. 1329–26), is amended

37 to read as follows:

38 ‘‘Sec. 407. Section 1344 of title 31, United States Code, is amended as

39 follows:
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1 ‘‘(1) In subsection (b)—

2 ‘‘(A) redesignate clauses (2)–(8) as clauses (3)–(9), respectively;

3 ‘‘(B) insert below clause (1) the following:

4 ‘‘ ‘(2) the Chief Justice and the Associate Justices of the Su5 preme Court;’;

6 ‘‘(C) in clause (3)(B), as redesignated by clause (A) of this

7 paragraph, strike ‘subparagraph (A) of this paragraph’ and sub8 stitute ‘subclause (A) of this clause’; and

9 ‘‘(D) in the last sentence, strike ‘paragraph (8)’ and substitute

10 ‘clause (9)’.

11 ‘‘(2) In subsection (d)—

12 ‘‘(A) in paragraphs (1) and (2), strike ‘paragraph (8) of sub13 section (b)’ wherever it appears and substitute ‘subsection (b)(9)

14 of this section’;

15 ‘‘(B) in paragraph (3), strike ‘subsections (a)(2), (b)(2)(B), and

16 (b)(8)’ and ‘subsection (b)(8)’ and substitute ‘subsections (a)(2)

17 and (b)(3)(B) and (9)’ and ‘subsection (b)(9)’, respectively; and

18 ‘‘(C) in paragraph (4), strike ‘paragraphs (1), (2)(B), and (8)

19 of subsection (b)’ and ‘paragraph (8) of subsection (b), and the

20 expected duration of any authorization under such paragraph’ and

21 substitute ‘subsection (b)(1), (3)(B), and (9) of this section’ and

22 ‘subsection (b)(9), and the expected duration of any authorization

23 under subsection (b)(9)’, respectively.

24 ‘‘(3) In subsection (e)(1), strike ‘(b)(8)’ and substitute ‘(b)(9)’.’’.

25 (3) Effective September 27, 1988, the last sentence of the paragraph

26 headed ‘‘PAYMENTS IN LIEU OF TAXES’’ in title I of the Act of Sep27 tember 27, 1988 (Public Law 100–446, 102 Stat. 1775), is amended to

28 read as follows: ‘‘Section 6901(2)(A) of title 31, United States Code, is

29 amended by striking ‘existing in Alaska on October 20, 1976’.’’.

30 (g) Title 39, United States Code, is amended as follows:

31 (1) In section 5007—

32 (A) insert the subsection designation ‘‘(a)’’ at the beginning of

33 the text of the section; and

34 (B) add at the end of the section the following new subsection:

35 ‘‘(b)(1) In this subsection, ‘air carrier’ and ‘aircraft’ have the same mean36 ings given those terms in section 40102(a) of title 49.

37 ‘‘(2) An air carrier engaged in transporting mail shall carry without

38 charge on any plane it operates those agents and officers of the Postal Serv39 ice traveling on official business related to transporting mail by aircraft, as

40 prescribed by regulations of the Secretary of Transportation, on exhibiting

41 credentials.’’.
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1 (2) Amend section 5402 as follows:

2 (A) In subsection (a), strike ‘‘section 1302’’ and substitute

3 ‘‘section 40101(a)’’.

4 (B) In subsection (b), strike ‘‘sections 1371(k) and 1386(b)’’,

5 ‘‘sections 1301–1542’’, and ‘‘sections 1371–1386’’ and substitute

6 ‘‘sections 40109(a) and (c)–(h) and 42112’’, ‘‘part A of subtitle

7 VII’’, and ‘‘chapters 411 and 413’’, respectively.

8 (C) In subsection (d)—

9 (i) insert ‘‘determine rates and’’ after ‘‘may’’; and

10 (ii) strike ‘‘and overseas’’.

11 (D) In subsection (e)—

12 (i) strike ‘‘ ‘overseas air transportation’,’’; and

13 (ii) strike ‘‘section 101 of the Federal Aviation Act of 1958

14 (49 U.S.C. 1301)’’ and substitute ‘‘section 40102(a) of title

15 49’’.

16 (h) Section 382 of the Energy Policy and Conservation Act (42 U.S.C.

17 6362) is amended as follows:

18 (1) Strike subsection (a) and substitute the following:

19 ‘‘(a) In this section, ‘agency’ means—

20 ‘‘(1) the Department of Transportation with respect to part A of

21 subtitle VII of title 49, United States Code;

22 ‘‘(2) the Interstate Commerce Commission;

23 ‘‘(3) the Federal Maritime Commission; and

24 ‘‘(4) the Federal Power Commission.’’.

25 (2) In subsection (b), strike ‘‘subsection (a)(1)’’ and substitute ‘‘sub26 section (a)’’.

27 (i) The Act of April 22, 1908 (45 U.S.C. 51 et seq.), is amended by in28 serting immediately after section 4 the following new section:

29 ‘‘SEC. 4A. A regulation, standard, or requirement in force, or prescribed

30 by the Secretary of Transportation under chapter 201 of title 49, United

31 States Code, or by a State agency that is participating in investigative and

32 surveillance activities under section 20105 of title 49, is deemed to be a

33 statute under sections 3 and 4 of this Act.’’.

34 (j) Title 49, United States Code, is amended as follows:

35 (1) In section 102, redesignate subsection (e), as enacted by section

36 1(b) of the Act of January 12, 1983 (Public Law 97–449, 96 Stat.

37 2414), as subsection (f).

38 (2) In section 104(b)(1), strike ‘‘Admininstrator’’ and substitute

39 ‘‘Administrator’’.

40 (3) Amend section 106 as follows:
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1 (A) In subsection (f), strike ‘‘Secretary shall’’ and substitute

2 ‘‘Secretary of Transportation shall’’.

3 (B) Subsection (g) is amended to read as follows:

4 ‘‘(g) DUTIES AND POWERS OF ADMINISTRATOR.—(1) Except as provided

5 in paragraph (2) of this subsection, the Administrator shall carry out—

6 ‘‘(A) duties and powers of the Secretary of Transportation under

7 subsection (f) of this section related to aviation safety (except those re8 lated to transportation, packaging, marking, or description of hazard9 ous material) and stated in sections 308(b), 1132(c) and (d), 40101(c),

10 40103(b), 40106(a), 40108, 40109(b), 40113(a), (c), and (d),

11 40114(a), 40119, 44501(a) and (c), 44502(a)(1), (b), and (c), 44504,

12 44505, 44507, 44508, 44511–44513, 44701–44716, 44718(c),

13 44721(a), 44901, 44902, 44903(a)–(c) and (e), 44906, 44912, 44935–

14 44937, and 44938(a) and (b), chapter 451, sections 45302, 45303,

15 46104, 46301(d) and (h)(2), 46303(c), 46304–46308, 46310, 46311,

16 and 46313–46316, chapter 465, and sections 47504(b)(related to flight

17 procedures), 47508(a), and 48107 of this title; and

18 ‘‘(B) additional duties and powers prescribed by the Secretary of

19 Transportation.

20 ‘‘(2) In carrying out sections 40119, 44901, 44903(a)–(c) and (e), 44906,

21 44912, 44935–44937, 44938(a) and (b), and 48107 of this title, paragraph

22 (1)(A) of this subsection does not apply to duties and powers vested in the

23 Director of Intelligence and Security by section 44931 of this title.’’.

24 (C) In subsection (k), insert ‘‘to the Secretary of Transpor25 tation’’ immediately after ‘‘appropriated’’.

26 (4) In section 108(a)—

27 (A) strike—

28 ‘‘(a) Except when operating as a service in the Navy, the’’

29 and substitute—

30 ‘‘(a)(1) The’’; and

31 (B) add at the end of subsection (a) the following new para32 graph:

33 ‘‘(2) Notwithstanding paragraph (1) of this subsection, the Coast Guard,

34 together with the duties and powers of the Coast Guard, shall operate as

35 a service in the Navy as provided under section 3 of title 14.’’.

36 (5)(A) In section 110(a), strike ‘‘St. Lawrence’’ and substitute

37 ‘‘Saint Lawrence’’.

38 (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.’’.

39 and substitute—
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‘‘110. Saint Lawrence Seaway Development Corporation.

‘‘111. Bureau of Transportation Statistics.’’.

1 (6)(A) Chapter 3 is amended by inserting immediately after section

2 303 the following new section:

3 ‘‘§ 303a. Development of water transportation

4 ‘‘(a) POLICY.—It is the policy of Congress—

5 ‘‘(1) to promote, encourage, and develop water transportation, serv6 ice, and facilities for the commerce of the United States; and

7 ‘‘(2) to foster and preserve rail and water transportation.

8 ‘‘(b) DEFINITION.—In this section, ‘inland waterway’ includes the Great

9 Lakes.

10 ‘‘(c) REQUIREMENTS.—The Secretary of Transportation shall—

11 ‘‘(1) investigate the types of vessels suitable for different classes of

12 inland waterways to promote, encourage, and develop inland waterway

13 transportation facilities for the commerce of the United States;

14 ‘‘(2) investigate water terminals, both for inland waterway traffic

15 and for through traffic by water and rail, including the necessary

16 docks, warehouses, and equipment, and investigate railroad spurs and

17 switches connecting with those water terminals, to develop the types

18 most appropriate for different locations and for transferring passengers

19 or property between water carriers and rail carriers more expeditiously

20 and economically;

21 ‘‘(3) consult with communities, cities, and towns about the location

22 of water terminals, and cooperate with them in preparing plans for ter23 minal facilities;

24 ‘‘(4) investigate the existing status of water transportation on the

25 different inland waterways of the United States to learn the extent to

26 which—

27 ‘‘(A) the waterways are being used to their capacity and are

28 meeting the demands of traffic; and

29 ‘‘(B) water carriers using those waterways are interchanging

30 traffic with rail carriers;

31 ‘‘(5) investigate other matters that may promote and encourage in32 land water transportation; and

33 ‘‘(6) compile, publish, and distribute information about transpor34 tation on inland waterways that the Secretary considers useful to the

35 commercial interests of the United States.’’.

36 (B) The analysis of chapter 3 is amended by inserting immediately

37 after item 303 the following new item:

‘‘303a. Development of water transportation.’’.

38 (7) Amend section 329 as follows:

39 (A) In subsection (b)(1)—
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1 (i) strike ‘‘title VII of the Federal Aviation Act of 1958 (49

2 U.S.C. 1441 et seq.)’’ and substitute ‘‘chapter 11 of this

3 title’’;

4 (ii) strike ‘‘and overseas’’ and ‘‘or overseas’’ wherever it ap5 pears; and

6 (iii) strike ‘‘section 419 of the Federal Aviation Act of

7 1958’’ and substitute ‘‘subchapter II of chapter 417 of this

8 title’’.

9 (B) In subsection (d), strike ‘‘the Federal Aviation Act of 1958

10 (49 App. U.S.C. 1301 et seq.)’’ and substitute ‘‘part A of subtitle

11 VII of this title’’.

12 (8) In section 331(b), strike ‘‘services, supplies, and facilities pro13 vided under subsection (a)(1), (2), and (3) of this section’’ and sub14 stitute ‘‘medical treatment provided under subsection (a)(1) of this sec15 tion and for supplies and services provided under subsection (a)(2) and

16 (3) of this section’’.

17 (9)(A) Sections 334 and 335 are repealed.

18 (B) Items 334 and 335 in the analysis of chapter 3 are repealed.

19 (10)(A) Chapter 3 is amended by adding immediately after section

20 336 the following:

21 ‘‘§ 337. Budget request for the Director of Intelligence and

22 Security

23 ‘‘The annual budget the Secretary of Transportation submits shall in24 clude a specific request for the Office of the Director of Intelligence and

25 Security. In deciding on the budget request for the Office, the Secretary

26 shall consider recommendations in the annual report submitted under sec27 tion 44938(a) of this title.

28 ‘‘SUBCHAPTER III—MISCELLANEOUS

29 ‘‘§ 351. Judicial review of actions in carrying out certain

30 transferred duties and powers

31 ‘‘(a) JUDICIAL REVIEW.—An action of the Secretary of Transportation

32 in carrying out a duty or power transferred under the Department of Trans33 portation Act (Public Law 89–670, 80 Stat. 931), or an action of the Ad34 ministrator of the Federal Railroad Administration, the Federal Highway

35 Administration, or the Federal Aviation Administration in carrying out a

36 duty or power specifically assigned to the Administrator by that Act, may

37 be reviewed judicially to the same extent and in the same way as if the ac38 tion had been an action by the department, agency, or instrumentality of

39 the United States Government carrying out the duty or power immediately

40 before the transfer or assignment.
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1 ‘‘(b) APPLICATION OF PROCEDURAL REQUIREMENTS.—A statutory re2 quirement related to notice, an opportunity for a hearing, action on the

3 record, or administrative review that applied to a duty or power transferred

4 by the Act applies to the Secretary or Administrator when carrying out the

5 duty or power.

6 ‘‘(c) NONAPPLICATION.—This section does not apply to a duty or power

7 transferred from the Interstate Commerce Commission to the Secretary

8 under section 6(e)(1)–(4) and (6)(A) of the Act.

9 ‘‘§ 352. Authority to carry out certain transferred duties and

10 powers

11 ‘‘In carrying out a duty or power transferred under the Department of

12 Transportation Act (Public Law 89–670, 80 Stat. 931), the Secretary of

13 Transportation and the Administrators of the Federal Railroad Administra14 tion, the Federal Highway Administration, and the Federal Aviation Admin15 istration have the same authority that was vested in the department, agen16 cy, or instrumentality of the United States Government carrying out the

17 duty or power immediately before the transfer. An action of the Secretary

18 or Administrator in carrying out the duty or power has the same effect as

19 when carried out by the department, agency, or instrumentality.

20 ‘‘§ 353. Toxicological testing of officers and employees

21 ‘‘(a) COLLECTING SPECIMENS.—When the Secretary of Transportation or

22 the head of a component of the Department of Transportation conducts

23 post-accident or post-incident toxicological testing of an officer or employee

24 of the Department, the Secretary or head shall collect the specimen from

25 the officer or employee as soon as practicable after the accident or incident.

26 The Secretary or head shall try to collect the specimen not later than 4

27 hours after the accident or incident.

28 ‘‘(b) REPORTS.—The head of each component shall submit a report to the

29 Secretary on the circumstances about the amount of time required to collect

30 the specimen for a toxicological test conducted on an officer or employee

31 who is reasonably associated with the circumstances of an accident or inci32 dent under the investigative jurisdiction of the National Transportation

33 Safety Board.

34 ‘‘(c) NONCOMPLIANCE NOT A DEFENSE.—An officer or employee re35 quired to submit to toxicological testing may not assert failure to comply

36 with this section as a claim, cause of action, or defense in an administrative

37 or judicial proceeding.’’.

38 (B) The analysis of chapter 3 is amended by adding immediately

39 after item 336 the following:

‘‘337. Budget request for the Director of Intelligence and Security.

‘‘SUBCHAPTER III—MISCELLANEOUS

‘‘351. Judicial review of actions in carrying out certain transferred duties and powers.
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‘‘352. Authority to carry out certain transferred duties and powers.

‘‘353. Toxicological testing of officers and employees.’’.

1 (11)(A) In section 501(a), strike clauses (4)–(9).

2 (B) Strike section 508.

3 (C) In the analysis of chapter 105, strike the item related to section

4 508.

5 (D) In section 521(b)(2)(A), strike ‘‘section 508’’ and substitute

6 ‘‘chapter 59’’.

7 (12) In sections 502(e)(2) and 10321(d)(3), insert ‘‘judge’’ after

8 ‘‘United States magistrate’’.

9 (13) Section 10362(b)(5) is amended to read as follows:

10 ‘‘(5) prescribe regulations that contain standards for the computa11 tion of subsidies for rail passenger transportation (except passenger

12 transportation compensation disputes subject to the jurisdiction of the

13 Commission under sections 24308(a) and 24903(c)(2) of this title) that

14 are consistent with the compensation principles described in the final

15 system plan established under the Regional Rail Reorganization Act of

16 1973 (45 U.S.C. 701 et seq.) and that avoid cross-subsidization among

17 commuter, intercity, and freight rail transportation;’’.

18 (14) In sections 10363(c) and 10383(c), strike ‘‘rate for GS–18’’

19 and substitute ‘‘maximum rate payable under section 5376 of title 5’’.

20 (15) In section 10501(d)—

21 (A) strike ‘‘procedures of this title’’ and substitute ‘‘procedures

22 of this subtitle’’; and

23 (B) strike ‘‘provided in this title’’ and substitute ‘‘provided in

24 this subtitle’’.

25 (16) In section 10504—

26 (A) strike ‘‘local public body’’ wherever it appears and sub27 stitute ‘‘local governmental authority’’;

28 (B) strike ‘‘rail mass transportation’’ wherever it appears and

29 substitute ‘‘mass transportation’’;

30 (C) in subsection (a)(1)(A), strike ‘‘section 1608(c)(2)’’ and

31 substitute ‘‘section 5302(a)’’; and

32 (D) in subsection (a)(2), strike ‘‘section 1608(c)(5)’’ and sub33 stitute ‘‘section 5302(a)’’.

34 (17) In section 10526(a)—

35 (A) in clause (8)(B), strike ‘‘Civil Aeronautics Board or its suc36 cessor agency’’ and substitute ‘‘Secretary of Transportation’’;

37 (B) in clause (10), strike ‘‘work.’’ and substitute ‘‘work;’’;

38 (C) in clause (13), strike ‘‘or’’; and

39 (D) in clause (14), strike ‘‘title.’’ and substitute ‘‘title; or’’.
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1 (18) In section 10530(i)(3), strike ‘‘notifed’’ and substitute ‘‘noti2 fied’’.

3 (19) In section 10701a(b)(3), strike ‘‘policy of this title’’ and sub4 stitute ‘‘policy of this subtitle’’.

5 (20) In section 10705a(g)(3)—

6 (A) before clause (A), strike ‘‘provision of this title’’ and sub7 stitute ‘‘provision of this subtitle’’; and

8 (B) in clause (A), strike ‘‘service over any rate’’ and substitute

9 ‘‘service over any route’’.

10 (21) In section 10707(d)—

11 (A) in paragraph (2), strike ‘‘under this title’’ and substitute

12 ‘‘under this subtitle’’; and

13 (B) in paragraph (3), strike ‘‘title’’ wherever it appears and

14 substitute ‘‘subtitle’’.

15 (22) In section 10707a(b)(1), strike ‘‘paragraph (2)’’ and substitute

16 ‘‘paragraph (3)’’.

17 (23) In section 10731(e), strike ‘‘provision of this title’’ and sub18 stitute ‘‘provision of this subtitle’’.

19 (24) In section 10749(b)(2), strike ‘‘Civil Aeronautics Board under

20 the Federal Aviation Act of 1958 (49 App. U.S.C. 1301 et seq.)’’ and

21 substitute ‘‘Secretary of Transportation under part A of subtitle VII

22 of this title’’.

23 (25) In section 10751(b), strike ‘‘purposes of this title’’ and sub24 stitute ‘‘purposes of this subtitle’’.

25 (26) In section 10905(d)(1) and (e), strike ‘‘government authority’’

26 and substitute ‘‘governmental authority’’.

27 (27) In section 10910—

28 (A) in subsection (a)(1), strike ‘‘government authority’’ and

29 substitute ‘‘governmental authority’’; and

30 (B) in subsection (g)(1), strike ‘‘provisions of this title’’ and

31 substitute ‘‘provisions of this subtitle’’.

32 (28) In section 10924(e), insert ‘‘of’’ after ‘‘protection’’.

33 (29) In the analysis of chapter 111—

34 (A) in item 11128, strike ‘‘Water’’ and substitute ‘‘War’’; and

35 (B) in item 11142, strike ‘‘systems’’ and substitute ‘‘system’’.

36 (30) In section 11162(a), strike ‘‘proceedings under this title’’ and

37 substitute ‘‘proceedings under this subtitle’’.

38 (31) In section 11163, strike ‘‘purposes of this title’’ and substitute

39 ‘‘purposes of this subtitle’’.

40 (32) In section 11166(a), strike ‘‘pursuant to this title’’ and sub41 stitute ‘‘under this subtitle’’.
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1 (33) In section 11167, strike ‘‘under this title’’ and substitute

2 ‘‘under this subtitle’’.

3 (34) In section 11501(b)(3)(A), strike ‘‘title’’ and substitute ‘‘sub4 title’’.

5 (35) In section 11909(b), strike ‘‘1966,,’’ and substitute ‘‘1966,’’.

6 (k) Effective January 1, 1999, the following sections of title 49, United

7 States Code, as enacted by section 1 of this Act, are amended as follows:

8 (1) In sections 41107, 41901(b)(1), 41902(a), and 41903,

9 strike ‘‘transportation or between places in Alaska’’ wherever it

10 appears and substitute ‘‘transportation’’.

11 (2) Strike section 41901(g).

12 (3) In section 41902(b)—

13 (A) strike clause (3); and

14 (B) in clause (4), strike ‘‘clauses (1)–(3)’’ and substitute

15 ‘‘clauses (1) and (2)’’.

16 (l) The Act of June 29, 1940 (ch. 444, 54 Stat. 686), is amended as

17 follows:

18 (1) Except as provided in paragraphs (2) and (3) of this subsection,

19 strike ‘‘Administrator’’ wherever it appears and substitute ‘‘Secretary’’.

20 (2) In subsection (a) of the first section, strike ‘‘ ‘Administrator’

21 means the Administrator of the Federal Aviation Agency’’ and sub22 stitute ‘‘ ‘Secretary’ means the Secretary of Transportation’’.

23 (3) In section 4(a), strike ‘‘Administrator, and any Federal Aviation

24 Agency’’ and substitute ‘‘Secretary, and any Department of Transpor25 tation’’.

26 (4) In section 6, strike ‘‘United States commissioner’’ wherever it

27 appears and substitute ‘‘United States magistrate judge’’.

28 (m) The Act of September 7, 1950 (ch. 905, 64 Stat. 770), is amended

29 as follows:

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

31 ‘‘Administrator’’ wherever it appears and substitute ‘‘Secretary’’.

32 (2) In the first section, strike ‘‘Administrator of the Federal Aviation

33 Agency’’ and ‘‘ ‘Administrator’ ’’ and substitute ‘‘Secretary of Trans34 portation’’ and ‘‘ ‘Secretary’ ’’, respectively.

35 (3) In sections 4 and 8(a), strike ‘‘Federal Aviation Agency’’ and

36 substitute ‘‘Department of Transportation’’.

37 (4) In section 8(d), strike ‘‘United States Commissioner’’ wherever

38 it appears and substitute ‘‘United States magistrate judge’’.

39 (n) Section 101(1st complete par. on p. 646) of the Act of August 30,

40 1964 (Public Law 88–507, 78 Stat. 646), is amended by striking ‘‘Adminis-
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1 trator of the Federal Aviation Agency’’ and substituting ‘‘Secretary of

2 Transportation’’.

3 (o) Section 9111 of the Anti-Drug Abuse Act of 1988 (Public Law 100–

4 690, 102 Stat. 4531) is amended as follows:

5 (1) In the introductory language of subsection (b)(1), strike ‘‘Sub6 section (b) of section 10530 of such title is amended by striking out

7 paragraph (1) and inserting in lieu thereof the following new para8 graph:’’ and substitute ‘‘Subsection (b)(1) of section 10530 of title 49

9 is amended to read as follows:’’.

10 (2) In subsection (b)(2), strike ‘‘Such subsection’’ and substitute

11 ‘‘Subsection (b) of section 10530’’.

12 (3) In the introductory language of subsection (f)(1), strike ‘‘Sub13 section (g) of such section is amended by striking out paragraph (1)

14 and inserting in lieu thereof the following:’’ and substitute ‘‘Subsection

15 (g)(1) of section 10530 of title 49 is amended to read as follows:’’.

16 (4) In subsection (f)(2), strike ‘‘Such subsection’’ and substitute

17 ‘‘Subsection (g) of section 10530’’.

18 (p) Section 4007(e) of the Intermodal Surface Transportation Efficiency

19 Act of 1991 (Public Law 102–240, 105 Stat. 2153) is amended by inserting

20 ‘‘and section 31307 of title 49, United States Code’’ immediately after ‘‘this

21 section’’.

22 (q) The revision of regulations, referred to in section 32705(b)(2)(A) of

23 title 49, United States Code, as enacted by section 1 of this Act, that is

24 required by section 7 of the Independent Safety Board Act Amendments of

25 1990 (Public Law 101–641, 104 Stat. 4657) shall be prescribed not later

26 than May 28, 1991.

27 (r) Section 165 of the Surface Transportation Assistance Act of 1982

28 (Public Law 97–424, 96 Stat. 2136) is amended as follows:

29 (1) In subsections (a) and (d), strike ‘‘the Urban Mass Transpor30 tation Act of 1964,’’.

31 (2) In subsection (b)—

32 (A) after the semicolon at the end of clause (2), add ‘‘or’’; and

33 (B) strike clause (3).

34 (s) Effective on the date the regulations required under section 60101(b)

35 of title 49, United States Code, as enacted by section 1 of this Act, are ef36 fective, section 60101(a)(21) and (22) of title 49, as enacted by section 1,

37 is amended to read as follows:

38 ‘‘(21) ‘transporting gas’—

39 ‘‘(A) means—
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1 ‘‘(i) the gathering, transmission, or distribution of gas by

2 pipeline, or the storage of gas, in interstate or foreign com3 merce; and

4 ‘‘(ii) the movement of gas through regulated gathering

5 lines; but

6 ‘‘(B) does not include gathering gas (except through regulated

7 gathering lines) in a rural area outside a populated area des8 ignated by the Secretary as a nonrural area.

9 ‘‘(22) ‘transporting hazardous liquid’—

10 ‘‘(A) means—

11 ‘‘(i) the movement of hazardous liquid by pipeline, or the

12 storage of hazardous liquid incidental to the movement of

13 hazardous liquid by pipeline, in or affecting interstate or for14 eign commerce; and

15 ‘‘(ii) the movement of hazardous liquid through regulated

16 gathering lines; but

17 ‘‘(B) does not include moving hazardous liquid through—

18 ‘‘(i) gathering lines (except regulated gathering lines) in a

19 rural area;

20 ‘‘(ii) onshore production, refining, or manufacturing facili21 ties; or

22 ‘‘(iii) storage or in-plant piping systems associated with on23 shore production, refining, or manufacturing facilities.’’.

24 (t)(1) Not later than March 3, 1995, the Secretary of Transportation

25 shall complete a regulatory proceeding to consider prescribing regulations to

26 improve the safety and working conditions of locomotive cabs. The proceed27 ing shall assess—

28 (A) the adequacy of Locomotive Crashworthiness Requirements

29 Standard S–580, or any successor standard, adopted by the Association

30 of American Railroads in 1989 in improving the safety of locomotive

31 cabs; and

32 (B) the extent to which environmental, sanitary, and other working

33 conditions in locomotive cabs affect productivity, health, and the safe

34 operation of locomotives.

35 (2) SUPPORTING RESEARCH AND ANALYSIS.—In support of the proceed36 ing required under paragraph (1) of this subsection, the Secretary shall con37 duct research and analysis, including computer modeling and full-scale crash

38 testing, as appropriate, to consider—

39 (A) the costs and benefits associated with equipping locomotives

40 with—

41 (i) braced collision posts;
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1 (ii) rollover protection devices;

2 (iii) deflection plates;

3 (iv) shatterproof windows;

4 (v) readily accessible crash refuges;

5 (vi) uniform sill heights;

6 (vii) anticlimbers, or other equipment designed to prevent over7 rides resulting from head-on locomotive collisions;

8 (viii) equipment to deter post-collision entry of flammable liq9 uids into locomotive cabs;

10 (ix) any other devices intended to provide crash protection for

11 occupants of locomotive cabs; and

12 (x) functioning and regularly maintained sanitary facilities; and

13 (B) the effects on train crews of the presence of asbestos in loco14 motive components.

15 (3) REPORT.—If, on the basis of the proceeding required under para16 graph (1) of this subsection, the Secretary decides not to prescribe regula17 tions, the Secretary shall report to Congress on the reasons for that deci18 sion.

19 (u) Not later than April 25, 1993, the Attorney General shall prescribe

20 the regulations required under section 33110(c) of title 49, United States

21 Code, as enacted by section 1 of this Act. Section 33110(b) of title 49 is

22 effective not later than 3 months after those regulations are prescribed but

23 not before the date on which the National Stolen Passenger Motor Vehicle

24 Information System established under section 33109 of title 49 is oper25 ational.

26 (v) Section 33111 of title 49, United States Code, as enacted by section

27 1 of this Act, is effective on the date on which the National Stolen Pas28 senger Motor Vehicle Information System is established under section

29 33109 of title 49.

30 CONFORMING CROSS-REFERENCES

31 Sec. 5. (a) Sections 551(1)(H) and 701(b)(1)(H) of title 5, United States

32 Code, are amended by striking ‘‘or sections 1622,’’ and substituting ‘‘sub33 chapter II of chapter 471 of title 49; or sections’’.

34 (b) Title 10, United States Code, is amended as follows:

35 (1) In section 2640—

36 (A) in subsections (a)(1)(A) and (d)(1)(B)(i), strike ‘‘title VI of

37 the Federal Aviation Act of 1958 (49 U.S.C. App. 1421 et seq.)’’

38 and substitute ‘‘chapter 447 of title 49’’; and

39 (B) in subsection (i), strike ‘‘sections 101(3), 101(5), 101(10),

40 and 101(15), respectively, of the Federal Aviation Act of 1958 (49
763

•HR 1758 RFS

1 U.S.C. App. 1301(3), 1301(5), 1301(10), and 1301(15))’’ and

2 substitute ‘‘section 40102(a) of title 49’’.

3 (2) In section 9511(1), strike ‘‘section 101 of the Federal Aviation

4 Act of 1958 (49 U.S.C. 1301)’’ and substitute ‘‘section 40102(a) of

5 title 49’’.

6 (3) In section 9512(b)(4), strike ‘‘section 501 of the Federal Avia7 tion Act of 1958 (49 U.S.C. App. 1401)’’ and substitute ‘‘section

8 44103 of title 49’’.

9 (c) Section 1110(a) of title 11, United States Code, is amended by strik10 ing ‘‘section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301)’’,

11 ‘‘subsection B(4) of the Ship Mortgage Act, 1920 (46 U.S.C. 911(4))’’, and

12 ‘‘Civil Aeronautics Board’’ and substituting ‘‘section 40102(a) of title 49’’,

13 ‘‘section 30101 of title 46’’, and ‘‘Secretary of Transportation’’, respectively.

14 (d) The last sentence of section 82 of title 14, United States Code, is

15 amended to read as follows: ‘‘Nothing in this title shall be deemed to limit

16 the authority granted by chapter 167 of title 10 or part A of subtitle VII

17 of title 49.’’.

18 (e) Title 18, United States Code, is amended as follows:

19 (1) In section 31, strike ‘‘the Federal Aviation Act of 1958, as

20 amended’’ and substitute ‘‘sections 40102(a) and 46501 of title 49’’.

21 (2) In the last sentence of sections 112(e), 878(d), 1116(c), and

22 1201(e), strike ‘‘section’’ and all that follows and substitute ‘‘section

23 46501(2) of title 49.’’.

24 (3) In section 511(c)—

25 (A) in clause (1), strike ‘‘the National Traffic and Motor Vehi26 cle Safety Act of 1966, or the Motor Vehicle Information and Cost

27 Savings Act’’ and substitute ‘‘chapter 301 and part C of subtitle

28 VI of title 49’’; and

29 (B) in clause (2), strike ‘‘section 2 of the Motor Vehicle Infor30 mation and Cost Savings Act’’ and substitute ‘‘section 32101 of

31 title 49’’.

32 (4) In section 512(a)(2)(A), strike ‘‘the National Traffic and Motor

33 Vehicle Safety Act of 1966’’ and substitute ‘‘chapter 301 of title 49’’.

34 (5) In section 553(c)—

35 (A) in clause (1), strike ‘‘section 2 of the Motor Vehicle Infor36 mation and Cost Savings Act’’ and substitute ‘‘section 32101 of

37 title 49’’; and

38 (B) in clause (4), strike ‘‘section 101 of the Federal Aviation

39 Act of 1958 (49 U.S.C. App. 1301)’’ and substitute ‘‘section

40 40102(a) of title 49’’.
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1 (6) In section 831(c)(1), strike ‘‘section 101 of the Federal Aviation

2 Act of 1958 (49 U.S.C. 1301)’’ and substitute ‘‘section 46501 of title

3 49’’.

4 (7) In section 844(g)(2)(B), strike ‘‘the Hazardous Materials Trans5 portation Act (49 App. U.S.C. 1801, et seq.)’’ and substitute ‘‘chapter

6 51 of title 49’’.

7 (8) In section 1201(a)(3), strike ‘‘section’’ and all that follows and

8 substitute ‘‘section 46501 of title 49;’’.

9 (9) In section 1366(c), strike ‘‘interstate transmission facilities, as

10 defined in section 2 of the Natural Gas Pipeline Safety Act of 1968’’

11 and substitute ‘‘an interstate gas pipeline facility as defined in section

12 60101 of title 49’’.

13 (10) In section 2318(c)(1), strike ‘‘section 101 of the Federal Avia14 tion Act of 1958’’ and substitute ‘‘section 46501 of title 49’’.

15 (11) In section 2516(1)(j), strike ‘‘section’’ and all that follows and

16 substitute ‘‘section 60123(b) (relating to destruction of a natural gas

17 pipeline) or 46502 (relating to aircraft piracy) of title 49;’’.

18 (12) In section 3663(a)(1), strike ‘‘under subsection (h), (i), (j), or

19 (n) of section 902 of the Federal Aviation Act of 1958 (49 U.S.C.

20 1472)’’ and substitute ‘‘section 46312, 46502, or 46504 of title 49’’.

21 (f) Title 23, United State Code, is amended as follows:

22 (1) In section 103(e)(4)(L)—

23 (A) in clause (i), strike ‘‘the Urban Mass Transportation Act

24 of 1964’’ and substitute ‘‘chapter 53 of title 49’’; and

25 (B) in clause (ii), strike ‘‘section 3(e)(4) of the Urban Mass

26 Transportation Act of 1964’’ and substitute ‘‘section

27 5323(a)(1)(D) of title 49’’.

28 (2) In section 142—

29 (A) in subsection (a)(2), strike ‘‘the Federal Transit Act’’ and

30 substitute ‘‘chapter 53 of title 49’’;

31 (B) in subsection (h), strike ‘‘the Urban Mass Transportation

32 Act of 1964, as amended’’ and substitute ‘‘chapter 53 of title 49’’;

33 and

34 (C) in subsection (i), strike ‘‘section 3(e)(4) of the Urban Mass

35 Transportation Act of 1964, as amended,’’ and substitute ‘‘section

36 5323(a)(1)(D) of title 49’’.

37 (3) In section 157(a)(2) and (3)(A), strike ‘‘section 404 of the Sur38 face Transportation Assistance Act of 1982’’ and substitute ‘‘section

39 31104 of title 49’’.

40 (g) The Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.) is amended

41 as follows:
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1 (1) In section 4064(b)(1)(B), strike ‘‘section 501 of the Motor Vehi2 cle Information and Cost Savings Act (15 U.S.C. 2001)’’ and sub3 stitute ‘‘section 32901 of title 49, United States Code,’’.

4 (2) In section 4261(e) and (f)(2), strike ‘‘the Airport and Airway

5 Improvement Act of 1982’’ and substitute ‘‘section 44509 or 44913(b)

6 or subchapter I of chapter 471 of title 49, United States Code,’’.

7 (3) In section 9502(d)(1)(B), strike ‘‘the Federal Aviation Act of

8 1958, as amended (49 U.S.C. 1301 et seq.),’’ and substitute ‘‘part A

9 of subtitle VII of title 49, United States Code,’’.

10 (h) Section 2342(7) of title 28, United States Code, is amended by strik11 ing ‘‘section 202(f) of the Federal Railroad Safety Act of 1970’’ and sub12 stituting ‘‘section 20114(c) of title 49’’.

13 (i) Title 31, United States Code, is amended as follows:

14 (1) In section 3711(c)(2), strike ‘‘section 6 of the Act of March 2,

15 1893 (45 U.S.C. 6), section 4 of the Act of April 14, 1910 (45 U.S.C.

16 13), section 9 of the Act of February 17, 1911 (45 U.S.C. 34), and

17 section 25(h) of the Interstate Commerce Act (49 App. U.S.C. 26(h))’’

18 and substitute ‘‘section 21302 of title 49 for a violation of chapter 203,

19 205, or 207 of title 49 or a regulation or requirement prescribed or

20 order issued under any of those chapters’’.

21 (2) In section 3726(b)(1), strike ‘‘the Federal Aviation Act of 1958’’

22 and substitute ‘‘section 40102(a) of title 49’’.

23 (j) Section 210(a)(4) of title 35, United States Code, is amended by strik24 ing ‘‘section 106(c) of the National Traffic and Motor Vehicle Safety Act

25 of 1966 (15 U.S.C. 1395(c); 80 Stat. 721)’’ and substituting ‘‘section

26 30168(e) of title 49’’.

27 (k) Title 39, United States Code, is amended as follows:

28 (1) In section 3401(b) and (c), strike ‘‘section 1376’’ and substitute

29 ‘‘section 41901’’.

30 (2) In section 5005(b)(3), strike ‘‘section 101 of the Federal Avia31 tion Act of 1958’’ and substitute ‘‘section 40102(a) of title 49’’.

32 (3) In section 5401(b), strike ‘‘sections 1301–1542’’ and substitute

33 ‘‘part A of subtitle VII’’.

34 (l) Section 2101(14)(C) of title 46, United States Code, is amended by

35 striking ‘‘section 104 of the Hazardous Materials Transportation Act (49

36 App. U.S.C. 1803)’’ and substituting ‘‘section 5103(a) of title 49’’.

37 (m) Title 49, United States Code, is amended as follows:

38 (1) In section 103(c)(1), strike ‘‘section 6(e)(1), (2), and (6)(A) of

39 the Department of Transportation Act (49 App. U.S.C. 1655(e)(1),

40 (2), and (6)(A))’’ and substitute ‘‘section 20134(c) and chapters 203–
766

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1 211 of this title, and chapter 213 of this title in carrying out chapters

2 203–211’’.

3 (2) In section 104(c)(2), strike ‘‘31’’ and substitute ‘‘315’’.

4 (3) In section 105(d), strike ‘‘the National Traffic and Motor Vehicle

5 Safety Act of 1966 (15 U.S.C. 1381 et seq.)’’ and substitute ‘‘chapter

6 301 of this title’’.

7 (4) In section 106—

8 (A) in subsection (h), strike ‘‘Section 103 of the Federal Avia9 tion Act of 1958 (49 App. U.S.C. 1303)’’ and substitute ‘‘Section

10 40101(d) of this title’’; and

11 (B) in subsection (j), strike ‘‘section 312(e) of the Federal Avia12 tion Act of 1958’’ and substitute ‘‘section 44507 of this title’’.

13 (5) In section 109(a) and (b), insert ‘‘App.’’ immediately after

14 ‘‘(46’’.

15 (6) In section 302(b), strike ‘‘Subtitle I and chapter 31 of subtitle

16 II of this title and the Department of Transportation Act (49 App.

17 U.S.C. 1651 et seq.)’’ and substitute ‘‘This subtitle and chapters 221

18 and 315 of this title’’.

19 (7) In section 306(b), strike ‘‘section 332 or 333 of this title, section

20 211 or 216 of the Regional Rail Reorganization Act of 1973 (45

21 U.S.C. 721, 726), title V or VII of the Railroad Revitalization and

22 Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq., 851 et seq.),

23 or section 4(i) or 5 of the Department of Transportation Act (49 App.

24 U.S.C. 1653(i), 1654)’’ and substitute ‘‘section 332 or 333 or chapter

25 221 or 249 of this title, section 211 or 216 of the Regional Rail Reor26 ganization Act of 1973 (45 U.S.C. 721, 726), or title V of the Railroad

27 Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et

28 seq.)’’.

29 (8) In section 321, strike ‘‘section 101(2), (4), and (8) of the Fed30 eral Aviation Act of 1958 (49 App. U.S.C. 1301(2), (4), (8))’’ and sub31 stitute ‘‘section 40102(a) of this title’’.

32 (9) In section 501—

33 (A) in subsection (a)(2), strike ‘‘section 3101’’ and substitute

34 ‘‘section 31501’’;

35 (B) in subsection (a)(3), strike ‘‘section 3102(c)’’ and substitute

36 ‘‘section 31502(c)’’; and

37 (C) strike subsection (b) and substitute the following:

38 ‘‘(b) APPLICATION.—This chapter only applies in carrying out sections

39 20302(a)(1)(B) and (C), (2), and (3), (c), and (d)(1) and 20303 and chap40 ters 205 (except section 20504(b)), 211, 213 (in carrying out those sections

41 and chapters), and 315 of this title.’’.
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1 (10) In section 507(c), strike ‘‘section 3102 of this title or the Motor

2 Carrier Safety Act of 1984’’ and ‘‘such section or Act’’ and substitute

3 ‘‘subchapter III of chapter 311 (except sections 31138 and 31139) or

4 section 31502 of this title’’ and ‘‘any of those provisions’’, respectively.

5 (11) In section 521(b)—

6 (A) in paragraph (1)(A), strike ‘‘section 3102 of this title or the

7 Motor Carrier Safety Act of 1984 or section 12002, 12003,

8 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle

9 Safety Act of 1986’’ and ‘‘such sections or Act’’ and substitute ‘‘a

10 provision of subchapter III of chapter 311 (except sections 31138

11 and 31139) or section 31302, 31303, 31304, 31305(b),

12 31310(g)(1)(A), or 31502 of this title’’ and ‘‘any of those provi13 sions’’, respectively;

14 (B) in paragraph (2)(A), strike ‘‘pursuant to section 3102 of

15 this title or the Motor Carrier Safety Act of 1984’’ and substitute

16 ‘‘under subchapter III of chapter 311 (except sections 31138 and

17 31139) or section 31502 of this title’’;

18 (C) in paragraph (2)(B), strike ‘‘section 12002, 12003, 12004,

19 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety

20 Act of 1986’’ and substitute ‘‘section 31302, 31303, 31304,

21 31305(b), or 31310(g)(1)(A) of this title’’;

22 (D) in paragraph (3), strike ‘‘section 3102 of this title or the

23 Motor Carrier Safety Act of 1984 or section 12002, 12003,

24 12004, or 12005(b) of the Commercial Motor Vehicle Safety Act

25 of 1986’’ and substitute ‘‘subchapter III of chapter 311 (except

26 sections 31138 and 31139) or section 31302, 31303, 31304,

27 31305(b), or 31502 of this title’’;

28 (E) in paragraph (5)(A), strike ‘‘section 3102 of this title or the

29 Motor Carrier Safety Act of 1984 or section 12002, 12003,

30 12004, or 12005(b) of the Commercial Motor Vehicle Safety Act

31 of 1986’’ and ‘‘such sections or Act’’ and substitute ‘‘a provision

32 of subchapter III of chapter 311 (except sections 31138 and

33 31139) or section 31302, 31303, 31304, 31305(b), or 31502 of

34 this title’’ and ‘‘any of those provisions’’, respectively;

35 (F) in paragraph (6)(A), strike ‘‘section 3102 of this title, the

36 Motor Carrier Safety Act of 1984’’, ‘‘such section or Act’’, and

37 ‘‘liable’’ and substitute ‘‘subchapter III of chapter 311 (except sec38 tions 31138 and 31139) or section 31502 of this title’’, ‘‘any of

39 those provisions’’, and ‘‘subject’’, respectively;

40 (G) in paragraph (6)(B)(i), strike ‘‘section 12002, 12003(b),

41 12003(c), 12004, 12005(b), or 12008(d)(2) of the Commercial
768

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1 Motor Vehicle Safety Act of 1986’’ and substitute ‘‘section 31302,

2 31303(b) or (c), 31304, 31305(b), or 31310(g)(1)(A) of this

3 title’’;

4 (H) in paragraph (6)(B)(ii), strike ‘‘section 12019 of such Act’’,

5 ‘‘section 12003(a) of such Act’’, and ‘‘such section 12003(a)’’ and

6 substitute ‘‘section 31301 of this title’’, ‘‘section 31303(a) of this

7 title’’, and ‘‘section 31303(a)’’, respectively;

8 (I) in paragraph (12), strike ‘‘any provision of the Hazardous

9 Materials Transportation Act (49 U.S.C. App. 1801–1812)’’ and

10 ‘‘such Act’’ and substitute ‘‘chapter 51 of this title’’ and ‘‘chapter

11 51’’, respectively; and

12 (J) in paragraph (13), strike ‘‘section 204 of the Motor Carrier

13 Safety Act of 1984’’ and substitute ‘‘section 31132 of this title’’.

14 (12) In section 526, strike ‘‘this chapter, section 3102 of this title,

15 or the Motor Carrier Safety Act of 1984, a person that knowingly and

16 willfully violates a provision of this chapter or such section or Act, or

17 a regulation or order of the Secretary of Transportation under this

18 chapter or such section or Act’’ and substitute ‘‘a provision of this

19 chapter, subchapter III of chapter 311 (except sections 31138 and

20 31139), or section 31502 of this title, a person that knowingly and

21 willfully violates any of those provisions or a regulation or order of the

22 Secretary of Transportation under any of those provisions’’.

23 (13) In section 10102(9), strike ‘‘the Federal Aviation Act of 1958’’

24 and substitute ‘‘part A of subtitle VII of this title’’.

25 (14) In section 10322(a), strike ‘‘subtitle’’ wherever it appears and

26 substitute ‘‘title’’.

27 (15) In sections 10364(a) and 10385(a), strike ‘‘section 5 of title

28 41’’ and substitute ‘‘section 3709 of the Revised Statutes (41 U.S.C.

29 5)’’.

30 (16) In sections 10527(a), strike ‘‘subchapter’’ and substitute

31 ‘‘title’’.

32 (17) In section 10528, strike ‘‘subchapter’’ and ‘‘subtitle’’ wherever

33 either word appears and substitute ‘‘title’’.

34 (18) In section 10529(a), strike ‘‘(12 U.S.C. 1141j(a))’’ and sub35 stitute ‘‘(12 U.S.C. 1141j(a)))’’.

36 (19) In sections 10542(a)(2) and 10544(d)(1)(B), insert ‘‘App.’’ im37 mediately after ‘‘(46’’ wherever it appears.

38 (20) In section 10561(b)(1), strike ‘‘chapter 20’’ and substitute

39 ‘‘part A of subtitle VII’’.

40 (21) In section 10703(a)(4)—
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•HR 1758 RFS

1 (A) in paragraph (D)(ii), insert ‘‘App.’’ immediately after ‘‘(46’’

2 wherever it appears; and

3 (B) in paragraph (E), strike ‘‘(46 U.S.C. 801 et seq.)’’ and

4 ‘‘(46 U.S.C. 843–848)’’ and substitute ‘‘(46 App. U.S.C. 801 et

5 seq.)’’ and ‘‘(46 App. U.S.C. 843 et seq.)’’, respectively.

6 (22) In section 10721(a)(1), strike ‘‘Section 5 of title 41’’ and sub7 stitute ‘‘Section 3709 of the Revised Statutes (41 U.S.C. 5)’’.

8 (23) In section 10735(b)(1), strike ‘‘under this title’’ and substitute

9 ‘‘under this subtitle’’.

10 (24) In section 10903(b)(2), strike ‘‘section 11347 of this title and

11 section 405(b) of the Rail Passenger Service Act (45 U.S.C. 565(b))’’

12 and substitute ‘‘sections 11347 and 24706(c) of this title’’.

13 (25) In section 10922—

14 (A) in subsection (c)(1)(E), strike ‘‘provisions of section 12(f)

15 of the Urban Mass Transportation Act of 1964’’ and substitute

16 ‘‘section 10531 of this title’’;

17 (B) in subsection (c)(2)(D), strike ‘‘subtitle’’ wherever it ap18 pears and substitute ‘‘title’’;

19 (C) in subsection (c)(4)(C) and (j)(1), strike ‘‘subchapter’’

20 wherever it appears and substitute ‘‘title’’; and

21 (D) in subsection (j)(2)(C), strike ‘‘subtitle’’ and substitute

22 ‘‘title’’.

23 (26) In section 10927(a)(1), insert ‘‘section’’ before ‘‘10923’’.

24 (27) In section 10935(a) and (e)(3), strike ‘‘subchapter’’ and sub25 stitute ‘‘title’’.

26 (28) In section 11125(b)(2)(A), strike ‘‘the Federal Railroad Safety

27 Act of 1970 (45 U.S.C. 431 et seq.)’’ and substitute ‘‘chapter 201 of

28 this title’’.

29 (29) In section 11126(a), strike ‘‘11501(c)’’ and substitute

30 ‘‘11501(f)’’.

31 (30) In section 11303(a), strike ‘‘the Ship Mortgage Act, 1920’’

32 wherever it appears and substitute ‘‘chapter 313 of title 46’’.

33 (31) In section 11347, strike ‘‘section 405 of the Rail Passenger

34 Service Act (45 U.S.C. 565)’’ and substitute ‘‘sections 24307(c),

35 24312, and 24706(c) of this title’’.

36 (32) In section 11348(a), strike ‘‘section 504(f),’’ and substitute

37 ‘‘sections 504(f) and’’.

38 (33) In section 11504(b)(2), strike ‘‘section 204 of the Motor Car39 rier Safety Act of 1984 (49 App. U.S.C. 2503)’’ and substitute ‘‘sec40 tion 31132 of this title’’.
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1 (34) In section 11701(a), strike ‘‘section 10530 of this subtitle’’ and

2 substitute ‘‘section 10530 of this title’’.

3 LEGISLATIVE PURPOSE AND CONSTRUCTION

4 Sec. 6. (a) Sections 1–4 of this Act restate, without substantive change,

5 laws enacted before July 1, 1993, that were replaced by those sections.

6 Those sections may not be construed as making a substantive change in the

7 laws replaced. Laws enacted after June 30, 1993, that are inconsistent with

8 this Act supersede this Act to the extent of the inconsistency.

9 (b) A reference to a law replaced by sections 1–4 of this Act, including

10 a reference in a regulation, order, or other law, is deemed to refer to the

11 corresponding provision enacted by this Act.

12 (c) An order, rule, or regulation in effect under a law replaced by sections

13 1–4 of this Act continues in effect under the corresponding provision en14 acted by this Act until repealed, amended, or superseded.

15 (d) An action taken or an offense committed under a law replaced by sec16 tions 1–4 of this Act is deemed to have been taken or committed under the

17 corresponding provision enacted by this Act.

18 (e) An inference of legislative construction is not to be drawn by reason

19 of the location in the United States Code of a provision enacted by this Act

20 or by reason of a caption or catch line of the provision.

21 (f) If a provision enacted by this Act is held invalid, all valid provisions

22 that are severable from the invalid provision remain in effect. If a provision

23 enacted by this Act is held invalid in any of its applications, the provision

24 remains valid for all valid applications that are severable from any of the

25 invalid applications.

26 REPEALS

27 Sec. 7. (a) The repeal of a law by this Act may not be construed as a

28 legislative implication that the provision was or was not in effect before its

29 repeal.

30 (b) The laws specified in the following schedule are repealed, except for

31 rights and duties that matured, penalties that were incurred, and proceed32 ings that were begun before the date of enactment of this Act:

Schedule of Laws Repealed

Statutes at Large

Date Chapter or

Public Law Section

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 ............... ....... ........................
771

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Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

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

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
772

•HR 1758 RFS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

1929

Feb. 28 369 ............. ............................................................... 45 1404 ............. 49

App.

173

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 Aer- onautics 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

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
773

•HR 1758 RFS

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 29 713 ............. ............................................................... 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

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
774

•HR 1758 RFS

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. 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)

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)
775

•HR 1758 RFS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

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

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)
776

•HR 1758 RFS

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. 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

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
777

•HR 1758 RFS

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

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
778

•HR 1758 RFS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

1975

Jan. 2 93–604 ....... 702 ........................................................ 88 1964 ............. 49

App.

1537

93–608 ....... 1(20), (21) ............................................ 88 1970 ............. 49

App.

1343, 1603

Jan. 3 93–623 ....... (less 6) .................................................. 88 2102 ............. 49

App.

1151(note),

1159a, 1159b,

1373, 1376,

1377, 1472,

1517

93–633 ....... ............................................................... 88 2156 ............. 45 39, 421(note),

437, 438, 440,

440(note)

.................... ............................................................... ....... ...................... 49

App.

1471, 1472,

1653, 1761,

1762, 1801,

1801(note),

1802–1813,

1901,

1901(note),

1902–1907

1974

Jan. 4 93–650 ....... ............................................................... 89 2–1 ............... 49

App.

1602, 1602a,

1602a(note)

1975

May 26 94–25 ......... ............................................................... 89 90 ................. 45 501(note),

543, 545, 548,

563, 564, 601,

602, 621

.................... ............................................................... ....... ...................... 49

App.

1653

July 19 94–56 ......... ............................................................... 89 263 ............... 45 421(note), 440

.................... ............................................................... ....... ...................... 49

App.

1812

Aug. 9 94–90 ......... ............................................................... 89 439 ............... 49

App.

1531(note),

1536, 1542

Dec. 22 94–163 ....... 301(less ‘‘Sec. 511’’) ............................ 89 901 ............... 15 2001–2010,

2012

1976

Feb. 5 94–210 ....... 701–706(a), (c)–(i), 707, 803, 808,

901–904.

90 119, 124,

130, 143,

147.

45 543, 545, 546,

562–564, 743,

745(note),

851–855

.................... ............................................................... ....... ...................... 49

App.

1613, 1653,

1654,

1654(note)

July 8 94–346 ....... ............................................................... 90 815 ............... 15 1392, 1409

94–348 ....... ............................................................... 90 817 ............... 45 6, 13, 34, 61–

63a, 64a,

421(note),

431, 431(note)

.................... ............................................................... ....... ...................... 49

App.

26, 1653

July 12 94–353 ....... ............................................................... 90 871 ............... 49

App.

1346a,

1348(note),

1356a, 1358,

1371, 1432,

1701,

1701(note),

1702(note),

1704, 1711–

1715,

1715(note),

1716–1720,

1724(note),

1728–1730,

1742

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
779

•HR 1758 RFS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

94–477 ....... ............................................................... 90 2073 ............. 49

App.

1671,

1671(note),

1672, 1674,

1680, 1683–

1686

94–481 ....... ............................................................... 90 2080 ............. 49

App.

1907

Oct. 19 94–555 ....... 101–108, 216(e), 217, 219(a), 220(h),

301.

90 2613, 2627,

2629, 2630.

45 501(note),

543, 545, 546,

563, 601, 602,

641,

641(note), 854

.................... ............................................................... ....... ...................... 49

App.

1653,

1654(note)

1977

Aug. 4 95–91 ......... 305, 306, 402(b) .................................. 91 580, 584 ....... 15 2002

.................... ............................................................... ....... ...................... 42 7155, 7172

Nov. 9 95–163 ....... (less 19) ................................................ 91 1278 ............. 49

App.

1301, 1302,

1371, 1373,

1373(note),

1376(note),

1388, 1401,

1421,

1421(note),

1430, 1482,

1531–1533,

1535, 1537,

1542

Nov. 16 95–187 ....... ............................................................... 91 1385 ............. 49

App.

1613

1978

Mar. 8 95–241 ....... ............................................................... 92 119 ............... 49

App.

1401

Mar. 14 95–245 ....... ............................................................... 92 156 ............... 49

App.

1388,

1388(note)

Mar. 27 95–251 ....... 2(a)(12) ................................................ 92 183 ............... 49

App.

1655

Sept. 11 95–363 ....... ............................................................... 92 597 ............... 49

App.

1901(note),

1907

Sept. 30 95–403 ....... ............................................................... 92 863 ............... 49

App.

1812

Oct. 5 95–421 ....... ............................................................... 92 923 ............... 45 501(note),

521(note),

541,

541(note),

545, 545a,

546a, 562,

563, 601, 602,

646, 853, 854

.................... ............................................................... ....... ...................... 49

App.

1653

Oct. 7 95–426 ....... 706 ........................................................ 92 992 ............... 49

App.

1518

Oct. 17 95–473 ....... 4(c) ....................................................... 92 1470 ............. 49 101(note

prec.)

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
780

•HR 1758 RFS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

95–575 ....... 3(a), (b) ................................................ 92 2465 ............. 49

App.

781, 787

95–580 ....... ............................................................... 92 2475 ............. 49

App.

1653(note)

Nov. 6 95–598 ....... 322(g) ................................................... 92 2679 ............. 45 81

95–599 ....... 134(d), 160, 301–315, 317–323 .......... 92 2709, 2719,

2735, 2752.

15 1418

.................... ............................................................... ....... ...................... 49

App.

1601(note),

1602, 1603,

1604,

1604(note),

1605(note),

1607,

1607(note),

1607a(note),

1607b–1608,

1611, 1612,

1612(note),

1613–1616,

1653(note)

Nov. 8 95–607 ....... 101–110 ................................................ 92 3059 ............. 49

App.

1651(note),

1653a, 1654,

1654(note)

95–609 ....... 3, 8 ....................................................... 92 3080, 3084 ... 49

App.

1431,

1431(note)

Nov. 9 95–619 ....... 401–404 ................................................ 92 3254 ............. 15 2006, 2008

1979

Sept. 29 96–73 ......... 101–119 ‘‘Sec. 404(e)’’, 119 ‘‘Sec.

404(g)’’–132, 501(a).

93 537, 547, 558 45 501,

501(note),

501a, 502,

521(note),

545,

545(note),

545a(note),

546, 548,

562(note),

563, 564,

564(note),

565,

565(note),

566, 601, 602,

602(note),

641, 647–650

.................... ............................................................... ....... ...................... 49

App.

1653

Oct. 12 96–86 ......... 115(b) ................................................... 93 662 ............... 49

App.

1654

Nov. 9 96–106 ....... 17 .......................................................... 93 799 ............... 49

App.

1604

Nov. 30 96–129 ....... ............................................................... 93 989 ............... 18 831,

831(note),

832–835

.................... ............................................................... ....... ...................... 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
781

•HR 1758 RFS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

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

.................... ............................................................... ....... ...................... 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
782

•HR 1758 RFS

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

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)
783

•HR 1758 RFS

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. 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

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
784

•HR 1758 RFS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

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

.................... ............................................................... ....... ...................... 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
785

•HR 1758 RFS

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. 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.)

.................... ............................................................... ....... ...................... 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
786

•HR 1758 RFS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

1990

May 4 101–281 ..... ............................................................... 104 164 ............... 49

App.

1475,

1475(note),

2210

July 6 101–322 ..... 2, 3 ....................................................... 104 295 ............... 45 601, 649

Aug. 15 101–370 ..... ............................................................... 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

.................... ............................................................... ....... ...................... 49

App.

1354a,

1357(note),

1421(note),

1434, 1618a,

2104, 2157,

2205(note),

2717

Dec. 9 102–195 ..... 13 .......................................................... 105 1613 ............. 49

App.

2623
787

•HR 1758 RFS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

Dec. 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

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
788

•HR 1758 RFS

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. 27 102–533 ..... 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

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

Passed the House of Representatives July 27, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.

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