H. R. 1758—67
(j) RELATIONSHIP TO OTHER LAWS.—(1) Sections 5323(a)(1)(D)
and 5333(b) of this title apply to this section but the Secretary
of Labor may waive the application of section 5333(b).
(2) This subsection does not affect or discharge a responsibility
of the Secretary of Transportation under a law of the United States.
§ 5312. Research, development, demonstration, and training
projects
(a) 
RESEARCH, 
DEVELOPMENT, 
AND
DEMONSTRATION
PROJECTS.—The Secretary of Transportation (or the Secretary of
Housing and Urban Development when required by section 5334(i)
of this title) may undertake, or make grants or contracts (including
agreements with departments, agencies, and instrumentalities of
the United States Government) for, research, development, and
demonstration projects related to urban mass transportation that
the Secretary decides will help reduce urban transportation needs,
improve mass transportation service, or help mass transportation
service meet the total urban transportation needs at a minimum
cost. The Secretary may request and receive appropriate information
from any source. This subsection does not limit the authority of
the Secretary under another law.
(b) RESEARCH, INVESTIGATIONS, AND TRAINING.—(1) The Sec-
retary of Transportation (or the Secretary of Housing and Urban
Development when required by section 5334(i) of this title) may
make grants to nonprofit institutions of higher learning—
(A) to conduct competent research and investigations into
the theoretical or practical problems of urban transportation;
and
(B) to train individuals to conduct further research or
obtain employment in an organization that plans, builds, oper-
ates, or manages an urban transportation system.
(2) Research and investigations under this subsection include—
(A) the design and use of urban mass transportation sys-
tems and urban roads and highways;
(B) the interrelationship between various modes of urban
and interurban transportation;
(C) the role of transportation planning in overall urban
planning;
(D) public preferences in transportation;
(E) the economic allocation of transportation resources; and
(F) the legal, financial, engineering, and esthetic aspects
of urban transportation.
(3) When making a grant under this subsection, the appropriate
Secretary shall give preference to an institution that brings together
knowledge and expertise in the various social science and technical
disciplines related to urban transportation problems.
(c) TRAINING FELLOWSHIPS AND INNOVATIVE TECHNIQUES AND
METHODS.—(1) The Secretary of Transportation may make grants
to States, local governmental authorities, and operators of mass
transportation systems to provide fellowships to train personnel
employed in managerial, technical, and professional positions in
the mass transportation field.
(2) The Secretary of Transportation may make grants to State
and local governmental authorities for projects that will use innova-
tive techniques and methods in managing and providing mass
transportation.
H. R. 1758—68
(3) A fellowship under this subsection may be for not more
than one year of training in an institution that offers a program
applicable to the mass transportation industry. The recipient of
the grant shall select an individual on the basis of demonstrated
ability and for the contribution the individual reasonably can be
expected to make to an efficient mass transportation operation.
A grant for a fellowship may not be more than the lesser of $24,000
or 75 percent of—
(A) tuition and other charges to the fellowship recipient;
(B) additional costs incurred by the training institution
and billed to the grant recipient; and
(C) the regular salary of the fellowship recipient for the
period of the fellowship to the extent the salary is actually
paid or reimbursed by the grant recipient.
§ 5313. State planning and research programs
(a) COOPERATIVE RESEARCH PROGRAM.—(1) Fifty percent of the
amounts made available under section 5338(g)(3) of this title are
available for a mass transportation cooperative research program.
The Secretary of Transportation shall establish an independent
governing board for the program. The board shall recommend mass
transportation research, development, and technology transfer
activities the Secretary considers appropriate.
(2) The Secretary may make grants to, and cooperative agree-
ments with, the National Academy of Sciences to carry out activities
under this subsection that the Secretary decides are appropriate.
(b) STATE PLANNING AND RESEARCH.—(1) Fifty percent of the
amounts made available under section 5338(g)(3) of this title shall
be apportioned to States for grants and contracts consistent with
the purposes of sections 5303–5306, 5312, 5315, 5317, and 5322
of this title. The amounts shall be apportioned so that each State
receives an amount equal to the population in urbanized areas
in the State, divided by the population in urbanized areas in all
States, as shown by the latest available decennial census. However,
a State must receive at least .5 percent of the amount apportioned
under this subsection.
(2) A State, as the State considers appropriate, may authorize
part of the amount made available under this subsection to be
used to supplement amounts available under subsection (a) of this
section.
(3) An amount apportioned under this subsection—
(A) remains available for 3 years after the fiscal year
in which the amount is apportioned; and
(B) that is unobligated at the end of the 3-year period
shall be reapportioned among the States for the next fiscal
year.
(c) GOVERNMENT’S SHARE.—When there would be a clear and
direct financial benefit to an entity under a grant or contract
financed under subsection (a) of this section, the Secretary shall
establish a United States Government share consistent with the
benefit.
§ 5314. National planning and research programs
(a) PROGRAM.—(1) The amounts made available under section
5338(g)(4) of this title are available to the Secretary of Transpor-
tation for grants and contracts for the purposes of sections 5303–
H. R. 1758—69
5306, 5312, 5315, 5317, and 5322 of this title, as the Secretary
considers appropriate.
(2) Of the amounts made available under paragraph (1) of
this subsection, the Secretary shall make available at least
$2,000,000 to provide mass transportation-related technical assist-
ance, demonstration programs, research, public education, and other
activities the Secretary considers appropriate to help mass transpor-
tation providers comply with the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.). To the extent practicable, the
Secretary shall carry out this paragraph through a contract with
a national nonprofit organization serving individuals with disabil-
ities that has a demonstrated capacity to carry out the activities.
(3) Not more than 25 percent of the amounts available under
paragraph (1) of this subsection is available to the Secretary for
special demonstration initiatives, subject to terms the Secretary
considers consistent with this chapter, except that section
5323(a)(1)(D) of this title applies to an operational grant financed
in carrying out section 5312(a) of this title. For a nonre-
newable grant of not more than $100,000, the Secretary shall pro-
vide expedited procedures on complying with the requirements of
this chapter.
(4)(A) The Secretary may undertake a program of mass
transportation technology development in coordination with affected
entities.
(B) The Secretary shall establish an Industry Technical Panel
composed of representatives of transportation suppliers and opera-
tors and others involved in technology development. A majority
of the Panel members shall represent the supply industry. The
Panel shall assist the Secretary in identifying priority technology
development areas and in establishing guidelines for project devel-
opment, project cost sharing, and project execution.
(C) The Secretary shall develop guidelines for cost sharing
in technology development projects financed under this paragraph.
The guidelines shall be flexible and reflect the extent of technical
risk, market risk, and anticipated supplier benefits and payback
periods.
(5) The Secretary may use amounts appropriated under this
subsection to supplement amounts available under section 5313(a)
of this title, as the Secretary considers appropriate.
(b) GOVERNMENT’S SHARE.—When there would be a clear and
direct financial benefit to an entity under a grant or contract
financed under subsection (a) of this section, the Secretary shall
establish a United States Government share consistent with the
benefit.
§ 5315. National mass transportation institute
(a) ESTABLISHMENT AND DUTIES.—The Secretary of Transpor-
tation shall make grants to Rutgers University to establish a
national mass transportation institute. In cooperation with the Fed-
eral Transit Administration, State transportation departments, pub-
lic mass transportation authorities, and national and international
entities, the institute shall develop and conduct training programs
of instruction for United States Government, State, and local
transportation employees, United States citizens, and foreign
nationals engaged or to be engaged in Government-aid mass
transportation work. The programs may include courses in recent
developments, techniques, and procedures related to—
H. R. 1758—70
(1) mass transportation planning;
(2) management;
(3) environmental factors;
(4) acquisition and joint use of rights of way;
(5) engineering;
(6) procurement strategies for mass transportation systems;
(7) turnkey approaches to carrying out mass transportation
systems;
(8) new technologies;
(9) emission reduction technologies;
(10) ways to make mass transportation accessible to
individuals with disabilities;
(11) construction;
(12) maintenance;
(13) contract administration; and
(14) inspection.
(b) RELATED EDUCATIONAL AND TRAINING PROGRAMS.—The Sec-
retary shall delegate to the institute the authority of the Secretary
to develop and conduct educational and training programs related
to mass transportation.
(c) PROVIDING EDUCATION AND TRAINING.—Education and train-
ing of Government, State, and local transportation employees under
this section shall be provided—
(1) by the Secretary at no cost to the States and local
governments for subjects that are a Government program
responsibility; or
(2) when the education and training are paid under sub-
section (d) of this section, by the State, with the approval
of the Secretary, through grants and contracts with public
and private agencies, other institutions, individuals, and the
institute.
(d) AVAILABILITY OF AMOUNTS.—Not more than .5 percent of
the amounts made available for a fiscal year beginning after
September 30, 1991, to a State or public mass transportation
authority in the State to carry out sections 5304 and 5306 of
this title is available for expenditure by the State and public mass
transportation authorities in the State, with the approval of the
Secretary, to pay not more than 80 percent of the cost of tuition
and direct educational expenses related to educating and training
State and local transportation employees under this section.
§ 5316. University research institutes
(a) INSTITUTE FOR NATIONAL SURFACE TRANSPORTATION POL-
ICY.—The Secretary of Transportation shall make grants to San
Jose State University to establish and operate an institute for
national surface transportation policy studies. The institute shall—
(1) include male and female students of diverse socio-
economic and ethnic backgrounds who are seeking careers in
developing and operating surface transportation programs; and
(2) conduct research and development activities to analyze
ways of improving aspects of developing and operating surface
transportation programs of the United States.
(b) INFRASTRUCTURE TECHNOLOGY INSTITUTE.—The Secretary
shall make grants to Northwestern University to establish and
operate an institute to study techniques—
(1) to evaluate and monitor infrastructure conditions;
H. R. 1758—71
(2) to improve information systems for infrastructure
construction and management; and
(3) to study advanced materials and automated processes
for constructing and rehabilitating public works facilities.
(c) URBAN TRANSIT INSTITUTE.—The Secretary shall make
grants to North Carolina A. and T. State University through the
Institute for Transportation Research and Education, the University
of South Florida, and a consortium of Florida A. and M., Florida
State University, and Florida International University to establish
and operate an interdisciplinary institute to study and disseminate
techniques on the diverse transportation problems of urban areas
experiencing significant and rapid growth.
(d) INSTITUTE FOR INTELLIGENT VEHICLE-HIGHWAY CONCEPTS.—
The Secretary shall make grants to the University of Minnesota,
Center for Transportation Studies, to establish and operate a
national institute for intelligent vehicle-highway concepts. The
institute shall conduct research and recommend development activi-
ties that focus on methods to increase roadway capacity, enhance
safety, and reduce negative environmental effects of transportation
facilities by using intelligent vehicle-highway systems technologies.
(e) INSTITUTE
FOR
TRANSPORTATION
RESEARCH
AND
EDU-
CATION.—The Secretary shall make grants to the University of
North Carolina to conduct research and development and to direct
technology transfer and training for State and local transportation
authorities to improve the overall surface transportation infrastruc-
ture.
(f) APPLICABILITY OF TITLE 23.—Amounts authorized by section
5338(d) of this title may be obligated in the same way as amounts
are apportioned under chapter 1 of title 23.
§ 5317. Transportation centers
(a) GRANTS FOR REGIONAL TRANSPORTATION CENTERS.—(1) The
Secretary of Transportation shall make grants to nonprofit institu-
tions of higher learning to establish and operate regional transpor-
tation centers in each of the 10 United States Government regions
that comprise the Standard Federal Regional Boundary System.
(2) A nonprofit institution of higher learning interested in
receiving a grant under this subsection shall submit an application
to the Secretary in the way and containing the information the
Secretary prescribes. The Secretary shall select each recipient on
the basis of the following:
(A) the regional transportation center is located in a State
that is representative of the needs of the Government region
for improved transportation and facilities.
(B) the demonstrated research and extension resources
available to the recipient to carry out this subsection.
(C) the capability of the recipient to provide leadership
in making national and regional contributions to the solution
of immediate and long-range transportation problems.
(D) the recipient has an established transportation program
encompassing several modes of transportation.
(E) the recipient has a demonstrated commitment of at
least $200,000 in regularly budgeted institutional amounts each
year to support ongoing transportation research programs.
(F) the recipient has a demonstrated ability to disseminate
results of transportation research and educational programs
H. R. 1758—72
through a statewide or regionwide continuing educational pro-
gram.
(G) the projects the recipient proposes to carry out under
the grant.
(3)(A) At each regional transportation center, the following
shall be carried out:
(i) infrastructure research on transportation.
(ii) research and training on transportation safety and the
transportation of passengers and property and the interpreta-
tion, publication, and dissemination of the results of the
research.
(B) Each transportation center—
(i) should carry out research on more than one mode of
transportation; and
(ii) should consider the proportion of amounts for this sub-
section from amounts available to carry out urban mass
transportation projects under this chapter and from the High-
way Trust Fund.
(C) At one of the transportation centers, research may be car-
ried out on the testing of new bus models.
(4) Before making a grant under this subsection, the Secretary
may require the recipient to make an agreement with the Secretary
to ensure that the recipient will maintain total expenditures from
all other sources to establish and operate a regional transportation
center and related research activities at a level at least equal
to the average level of those expenditures in its 2 fiscal years
prior to April 2, 1987.
(5) A grant under this subsection is for 50 percent of the
cost of establishing and operating the regional transportation center
and related research activities the recipient carries out.
(b) GRANTS
FOR UNIVERSITY TRANSPORTATION CENTERS.—(1)
To accelerate the involvement and participation of minority individ-
uals and women in transportation-related professions, particularly
in the science, technology, and engineering disciplines, the Secretary
shall make grants to Morgan State University to establish a
national center for transportation management, research, and devel-
opment. The center shall give special attention to designing, devel-
oping, and carrying out research, training, and technology transfer
activities to increase the number of highly skilled minority individ-
uals and women entering the transportation workforce.
(2) The Secretary shall make grants to the New Jersey Institute
of Technology to establish and operate a center for transportation
and industrial productivity. The center shall conduct research and
development activities that focus on ways to increase surface
transportation capacity, reduce congestion, and reduce costs for
transportation system users and providers through the use of
transportation management systems.
(3) The Secretary shall make a grant to Monmouth College,
West Long Branch, New Jersey, to modify and rebuild Building
Number 500 at Monmouth College. Before making the grant, the
Secretary shall receive assurances from Monmouth College that
the building will be known and designated as the James and
Marlene Howard Transportation Information Center and that
transportation-related instruction and research in computer science,
electronic engineering, mathematics, and software engineering con-
ducted at the building will be coordinated with the Center for
H. R. 1758—73
Transportation and Industrial Productivity at the New Jersey
Institute of Technology.
(4) The Secretary shall make grants to the University of
Arkansas to establish a national rural transportation center. The
center shall conduct research, training, and technology transfer
activities in the development, management, and operation of inter-
modal transportation systems in rural areas.
(5)(A) The Secretary shall make grants to the University of
Idaho to establish a National Center for Advanced Transportation
Technology. The Center shall be established and operated in part-
nership with private industry and shall conduct industry-driven
research and development activities that focus on transportation-
related manufacturing and engineering processes, materials, and
equipment.
(B) The Secretary shall make grants to the University of Idaho
to plan, design, and construct a building in which to conduct the
research and development activities of the Center.
(C) Amounts authorized by section 5338(e)(2) of this title may
be obligated in the same way as amounts apportioned under chapter
1 of title 23 (except that the Government share of the cost of
the activities conducted under this paragraph is 80 percent and
the amounts remain available until expended) and are not subject
to an obligational limitation.
(D) A grant made under this paragraph is not subject to the
requirements of this section (except this paragraph).
(c) PROGRAM COORDINATION.—The Secretary shall provide for
coordinating research, education, training, and technology transfer
activities that grant recipients carry out under this section, the
dissemination of the results of the research, and the establishment
and operation of a clearinghouse between the centers and the
transportation industry. At least annually, the Secretary shall
review and evaluate programs the grant recipients carry out. The
Secretary may use not more than one percent of amounts made
available from Government sources to carry out this section to
carry out this subsection.
(d) OBLIGATION CEILING.—Amounts authorized to carry out this
section (except subsection (b)(3)) are subject to obligational limita-
tions established under section 1002 of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102–240, 105
Stat. 1916).
(e) AMOUNTS AVAILABLE FOR TECHNOLOGY TRANSFER ACTIVI-
TIES.—At least 5 percent of the amounts made available to carry
out this section in a fiscal year are available to carry out technology
transfer activities.
(f) ALLOCATION AMONG GOVERNMENT REGIONS.—The Secretary
shall allocate amounts available to carry out this section equitably
among the Government regions.
§ 5318. Bus testing facility
(a) ESTABLISHMENT.—The Secretary of Transportation shall
establish one facility for testing a new bus model for maintain-
ability, reliability, safety, performance (including braking perform-
ance), structural integrity, fuel economy, emissions, and noise. The
facility shall be established by renovating a facility built with
assistance of the United States Government to train rail personnel.
(b) OPERATION AND MAINTENANCE.—The Secretary shall make
a contract with a qualified person to operate and maintain the
H. R. 1758—74
facility. The contract may provide for the testing of rail cars and
other vehicles at the facility.
(c) FEES.—The person operating and maintaining the facility
shall establish and collect fees for the testing of vehicles at the
facility. The Secretary must approve the fees.
(d) AVAILABILITY OF AMOUNTS TO PAY FOR TESTING.—The Sec-
retary shall make a contract with the operator of the facility under
which the Secretary shall pay 80 percent of the cost of testing
a vehicle at the facility from amounts available under section
5338(j)(5) of this title. The entity having the vehicle tested shall
pay 20 percent of the cost.
(e) REVOLVING LOAN FUND.—The Secretary has a bus testing
revolving loan fund consisting of amounts authorized for the fund
under section 317(b)(5) of the Surface Transportation and Relocation
Assistance Act of 1987. The Secretary shall make available as
repayable advances from the fund to the person operating and
maintaining the facility amounts to operate and maintain the
facility.
§ 5319. Bicycle facilities
A project to provide access for bicycles to mass transportation
facilities, to provide shelters and parking facilities for bicycles in
or around mass transportation facilities, or to install equipment
for transporting bicycles on mass transportation vehicles is a capital
project eligible for assistance under sections 5307, 5309, and 5311
of this title. Notwithstanding sections 5307(e), 5309(h), and 5311(g)
of this title, a grant of the United States Government under this
chapter for a project under this section is for 90 percent of the
cost of the project.
§ 5320. Suspended light rail system technology pilot project
(a) PURPOSE.—The purpose of this section is to provide for
the construction by a public entity of a suspended light rail system
technology pilot project—
(1) to assess the state of new technology for a suspended
light rail system; and
(2) to establish the feasibility, costs, and benefits of using
the system to transport passengers.
(b) GENERAL REQUIREMENTS.—The project shall—
(1) use new rail technology with individual vehicles on
a prefabricated elevated steel guideway;
(2) be stability-seeking with a center of gravity for the
detachable passenger vehicles located below the point of wheel-
rail contact; and
(3) use vehicles that are driven by overhead bogies with
high efficiency, low maintenance electric motors for each wheel,
operating in a slightly sloped plane from vertical for the wheels
and the running rails, to further increase stability, acceleration,
and braking performance.
(c) COMPETITION.—(1) The Secretary of Transportation shall
conduct a national competition to select a public entity with which
to make a full financing grant agreement to construct the project.
Not later than April 16, 1992, the Secretary shall select 3 public
entities to be finalists in the competition. In conducting the competi-
tion and selecting public entities, the Secretary shall consider—
(A) the public entity’s demonstrated understanding and
knowledge of the project and its technical, managerial, and
H. R. 1758—75
financial capacity to construct, manage, and operate the project;
and
(B) maximizing potential contributions to the cost of the
project by State, local, and private sector entities, including
donation of in-kind services and materials.
(2) The Secretary shall award a grant to each finalist to be
used to participate in the final phase of the competition under
procedures the Secretary prescribes. A grant may not be more
than 80 percent of the cost of participating. A finalist may not
receive more than one-third of the amount made available under
subsection (h)(1)(A) of this section.
(3) Not later than July 15, 1992, the Secretary shall select
from among the 3 finalists a public entity with which to make
a full financing grant agreement.
(d) ENVIRONMENTAL IMPACT.—Not later than 270 days after
a public entity is selected under subsection (c) of this section,
the Secretary shall approve and publish in the Federal Register
a notice announcing either a finding of no significant impact or
a draft environmental impact statement for the project. The alter-
natives analysis for the project shall include a decision on whether
to construct the project. If a draft statement is published, the
Secretary, not later than 180 days after publication, shall approve
and publish in the Federal Register a notice of completion of a
final environmental impact statement.
(e) FULL FINANCING GRANT AGREEMENT.—Not later than 60
days after carrying out the requirements of subsection (d) of this
section, the Secretary shall make a full financing grant agreement
under section 5309 of this title with the public entity selected
under subsection (c) of this section to construct the project. The
agreement shall provide that the system vendor for the project
shall finance—
(1) 100 percent of any deficit incurred in operating the
project in the first 2 years of revenue operations of the project;
and
(2) 50 percent of any deficit incurred in operating the
project in the 3d year of revenue operations of the project.
(f) NOTICE TO PROCEED.—Not later than 30 days after making
the full financing grant agreement, the Secretary shall issue a
notice to proceed with construction.
(g) OPTION NOT TO CONSTRUCT AND REAWARDING THE GRANT.—
(1) Not later than 30 days after completing preliminary engineering
and design, the selected public entity shall decide whether to pro-
ceed to constructing the project. If the entity decides not to pro-
ceed—
(A) the Secretary shall not make the full financing grant
agreement;
(B) remaining amounts received shall be returned to the
Secretary and credited to the Mass Transit Account of the
Highway Trust Fund; and
(C) the Secretary shall use the credited amount and other
amounts to be provided under this section to award to another
entity selected under subsection (c)(1) of this section a grant
under section 5309 of this title to construct the project.
(2) Not later than 60 days after a decision is made under
paragraph (1) of this subsection, a grant shall be awarded under
paragraph (1)(C) of this section after completing a competitive proc-
ess for selecting the grant recipient.
H. R. 1758—76
(h) FINANCING.—(1) The Secretary shall pay from amounts pro-
vided under section 5309 of this title the following:
(A) at least $1,000,000 for the fiscal year ending September
30, 1992, for grants under subsection (c)(2) of this section.
(B) at least $4,000,000 for the fiscal year ending September
30, 1993, for the United States Government share of the costs
(as determined under section 5309 of this title) if the systems
planning, alternatives analysis, preliminary engineering, and
design and environmental impact statement are required by
law for the project.
(C) at least $30,000,000 for the fiscal year ending Septem-
ber 30, 1994, as provided in the grant agreement under sub-
section (e) of this section, for the Government share of the
construction costs of the project.
(2) The grant agreement under subsection (e) of this section
shall provide that for the 3d year of revenue operations of the
project, the Secretary shall pay from amounts provided under this
section the Government share of operating costs in an amount
equal to the lesser of 50 percent of the deficit incurred in operating
the project in that year or $300,000.
(3) Amounts not expended under paragraph (1)(A) of this sub-
section are available for the Government share of costs described
in paragraph (1)(B) and (C) of this subsection.
(4) Amounts under paragraph (1)(B) and (C) of this subsection
remain available until expended.
(i) GOVERNMENT’S SHARE OF COSTS.—The Government share
of the cost of constructing the project is 80 percent of the net
cost of the project.
(j) PROJECT NOT SUBJECT TO MAJOR CAPITAL INVESTMENT POL-
ICY.—The project is not subject to the major capital investment
policy of the Federal Transit Administration.
(k) REPORT.—Not later than January 30, 1993, and each year
after that date, the Secretary shall submit to Congress a report
on the progress and results of the project.
§ 5321. Crime prevention and security
The Secretary of Transportation may make capital grants from
amounts available under section 5338 of this title to mass transpor-
tation systems for crime prevention and security. This chapter
does not prevent the financing of a project under this section when
a local governmental authority other than the grant applicant has
law enforcement responsibilities.
§ 5322. Human resource programs
The Secretary of Transportation may undertake, or make grants
and contracts for, programs that address human resource needs
as they apply to mass transportation activities. A program may
include—
(1) an employment training program;
(2) an outreach program to increase minority and female
employment in mass transportation activities;
(3) research on mass transportation personnel and training
needs; and
(4) training and assistance for minority business oppor-
tunities.
H. R. 1758—77
§ 5323. General provisions on assistance
(a) INTERESTS IN PROPERTY.—(1) Financial assistance provided
under this chapter to a State or a local governmental authority
may be used to acquire an interest in, or buy property of, a private
mass transportation company, for a capital project for property
acquired from a private mass transportation company after July
9, 1964, or to operate mass transportation equipment or a mass
transportation facility in competition with, or in addition to,
transportation service provided by an existing mass transportation
company, only if—
(A) the Secretary of Transportation finds the assistance
is essential to a program of projects required under sections
5303–5306 of this title;
(B) the Secretary of Transportation finds that the program,
to the maximum extent feasible, provides for the participation
of private mass transportation companies;
(C) just compensation under State or local law will be
paid to the company for its franchise or property; and
(D) the Secretary of Labor certifies that the assistance
complies with section 5333(b) of this title.
(2) A governmental authority may not use financial assistance
of the United States Government to acquire land, equipment, or
a facility used in mass transportation from another governmental
authority in the same geographic area.
(b) NOTICE AND PUBLIC HEARING.—(1) An application for a
grant or loan under this chapter (except section 5307) for a capital
project that will affect substantially a community, or the mass
transportation service of a community, must include a certificate
of the applicant that the applicant has—
(A) provided an adequate opportunity for a public hearing
with adequate prior notice;
(B) held that hearing unless no one with a significant
economic, social, or environmental interest requested one;
(C) considered the economic, social, and environmental
effects of the project; and
(D) found that the project is consistent with official plans
for developing the urban area.
(2) Notice of a hearing under this subsection shall include
a concise description of the proposed project and shall be published
in a newspaper of general circulation in the geographic area the
project will serve. If a hearing is held, a copy of the transcript
of the hearing shall be submitted with the application.
(c) ACQUIRING NEW BUS MODELS.—Amounts appropriated or
made available under this chapter (except section 5307) after
September 30, 1989, may be obligated or expended to acquire a
new bus model only if a bus of the model has been tested at
the facility established under section 5318 of this title.
(d) BUYING AND OPERATING BUSES.—(1) Financial assistance
under this chapter may be used to buy or operate a bus only
if the applicant, governmental authority, or publicly owned operator
that receives the assistance agrees that, except as provided in
the agreement, the governmental authority or an operator of mass
transportation for the governmental authority will not provide char-
ter bus transportation service outside the urban area in which
it provides regularly scheduled mass transportation service. An
agreement shall provide for a fair arrangement the Secretary of
Transportation considers appropriate to ensure that the assistance
H. R. 1758—78
will not enable a governmental authority or an operator for a
governmental authority to foreclose a private operator from provid-
ing intercity charter bus service if the private operator can provide
the service.
(2) On receiving a complaint about a violation of an agreement,
the Secretary of Transportation shall investigate and decide
whether a violation has occurred. If the Secretary decides that
a violation has occurred, the Secretary shall correct the violation
under terms of the agreement. In addition to a remedy specified
in the agreement, the Secretary may bar a recipient under this
subsection or an operator from receiving further assistance when
the Secretary finds a continuing pattern of violations of the agree-
ment.
(e) BUS PASSENGER SEAT FUNCTIONAL SPECIFICATIONS.—The
initial advertising by a State or local governmental authority for
bids to acquire buses using financial assistance under this chapter
(except section 5307) may include passenger seat functional speci-
fications that are at least equal to performance specifications the
Secretary of Transportation prescribes. The specifications shall be
based on a finding by the State or local governmental authority
of local requirements for safety, comfort, maintenance, and life
cycle costs.
(f) SCHOOLBUS
TRANSPORTATION.—(1) Financial assistance
under this chapter may be used for a capital project, or to operate
mass transportation equipment or a mass transportation facility,
only if the applicant agrees not to provide schoolbus transportation
that exclusively transports students and school personnel in com-
petition with a private schoolbus operator. This subsection does
not apply—
(A) to an applicant that operates a school system in the
area to be served and a separate and exclusive schoolbus pro-
gram for the school system;
(B) unless a private schoolbus operator can provide ade-
quate transportation that complies with applicable safety stand-
ards at reasonable rates; and
(C) to a State or local governmental authority if it or
a direct predecessor in interest from which it acquired the
duty of transporting school children and personnel, and facili-
ties to transport them, provided schoolbus transportation at
any time after November 25, 1973, but before November 26,
1974.
(2) An applicant violating an agreement under this subsection
may not receive other financial assistance under this chapter.
(g) BUYING BUSES UNDER OTHER LAWS.—Subsections (d) and
(f) of this section apply to financial assistance to buy a bus under
sections 103(e)(4) and 142(a) or (c) of title 23. However, subsection
(f)(1)(C) of this section applies to sections 103(e)(4) and 142(a)
or (c) only if schoolbus transportation was provided at any time
after August 12, 1972, but before August 13, 1973.
(h) GRANT
AND LOAN PROHIBITIONS.—A grant or loan may
not be used to—
(1) pay ordinary governmental or nonproject operating
expenses; or
(2) support a procurement that uses an exclusionary or
discriminatory specification.
(i) GOVERNMENT’S SHARE OF COSTS FOR CERTAIN PROJECTS.—
A Government grant for a project to be assisted under this chapter
H. R. 1758—79
that involves acquiring vehicle-related equipment required by the
Clean Air Act (42 U.S.C. 7401 et seq.) or the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) is for 90 percent
of the net project cost of the equipment that is attributable to
complying with those Acts. The Secretary of Transportation,
through practicable administrative procedures, may determine the
costs attributable to that equipment.
(j) BUY AMERICAN.—(1) The Secretary of Transportation may
obligate an amount that may be appropriated to carry out this
chapter for a project only if the steel, iron, and manufactured
goods used in the project are produced in the United States.
(2) The Secretary of Transportation may waive paragraph (1)
of this subsection if the Secretary finds that—
(A) applying paragraph (1) would be inconsistent with the
public interest;
(B) the steel, iron, and goods produced in the United States
are not produced in a sufficient and reasonably available
amount or are not of a satisfactory quality;
(C) when procuring rolling stock (including train control,
communication, and traction power equipment) under this chap-
ter—
(i) the cost of components and subcomponents produced
in the United States is more than 60 percent of the cost
of all components of the rolling stock; and
(ii) final assembly of the rolling stock has occurred
in the United States; or
(D) including domestic material will increase the cost of
the overall project by more than 25 percent.
(3) In this subsection, labor costs involved in final assembly
are not included in calculating the cost of components.
(4) The Secretary of Transportation may not make a waiver
under paragraph (2) of this subsection for goods produced in a
foreign country if the Secretary, in consultation with the United
States Trade Representative, decides that the government of that
foreign country—
(A) has an agreement with the United States Government
under which the Secretary has waived the requirement of this
subsection; and
(B) has violated the agreement by discriminating against
goods to which this subsection applies that are produced in
the United States and to which the agreement applies.
(5) A person is ineligible under subpart 9.4 of chapter 1 of
title 48, Code of Federal Regulations, to receive a contract or sub-
contract made with amounts authorized under the Intermodal Sur-
face Transportation Efficiency Act of 1991 (Public Law 102–240,
105 Stat. 1914) if a court or department, agency, or instrumentality
of the Government decides the person intentionally—
(A) affixed a ‘‘Made in America’’ label, or a label with
an inscription having the same meaning, to goods sold in or
shipped to the United States that are used in a project to
which this subsection applies but not produced in the United
States; or
(B) represented that goods described in clause (A) of this
paragraph were produced in the United States.
(6) The Secretary of Transportation may not impose any limita-
tion on assistance provided under this chapter that restricts a
State from imposing more stringent requirements than this sub-
H. R. 1758—80
section on the use of articles, materials, and supplies mined, pro-
duced, or manufactured in foreign countries in projects carried
out with that assistance or restricts a recipient of that assistance
from complying with those State-imposed requirements.
(7) Not later than January 1, 1995, the Secretary of Transpor-
tation shall submit to Congress a report on purchases from foreign
entities waived under paragraph (2) of this subsection in the fiscal
years ending September 30, 1992, and September 30, 1993. The
report shall indicate the dollar value of items for which waivers
were granted.
(k) APPLICATION OF SECTION 135 OF TITLE 23.—The planning
and programming requirements of section 135 of title 23 apply
to a grant made under sections 5307–5311 of this title.
§ 5324. Limitations on discretionary and special needs grants
and loans
(a) RELOCATION PROGRAM REQUIREMENTS.—Financial assist-
ance may be provided under section 5309 of this title only if the
Secretary of Transportation decides that—
(1) an adequate relocation program is being carried out
for families displaced by a project; and
(2) an equal number of decent, safe, and sanitary dwellings
are being, or will be, provided to those families in the same
area or in another area generally not less desirable for public
utilities and public and commercial facilities, at rents or prices
within the financial means of those families, and with reason-
able access to their places of employment.
(b) ECONOMIC, SOCIAL, AND ENVIRONMENTAL INTERESTS.—(1)
In carrying out section 5301(e) of this title, the Secretary of
Transportation shall cooperate and consult with the Secretaries
of Agriculture, Health and Human Services, Housing and Urban
Development, and the Interior and the Council on Environmental
Quality on each project that may have a substantial impact on
the environment.
(2) In carrying out section 5309 of this title, the Secretary
of Transportation shall review each transcript of a hearing submit-
ted under section 5323(b) of this title to establish that an adequate
opportunity to present views was given to all parties with a signifi-
cant economic, social, or environmental interest and that the project
application includes a statement on—
(A) the environmental impact of the proposal;
(B) adverse environmental effects that cannot be avoided;
(C) alternatives to the proposal; and
(D) irreversible and irretrievable impacts on the environ-
ment.
(3)(A) The Secretary of Transportation may approve an applica-
tion for financial assistance under section 5309 of this title only
if the Secretary makes written findings, after reviewing the applica-
tion and any hearings held before a State or local governmental
authority under section 5323(b) of this title, that—
(i) an adequate opportunity to present views was given
to all parties with a significant economic, social, or environ-
mental interest;
(ii) the preservation and enhancement of the environment,
and the interest of the community in which a project is located,
were considered; and
H. R. 1758—81
(iii) no adverse environmental effect is likely to result
from the project, or no feasible and prudent alternative to
the effect exists and all reasonable steps have been taken
to minimize the effect.
(B) If a hearing has not been conducted or the Secretary of
Transportation decides that the record of the hearing is inadequate
for making the findings required by this subsection, the Secretary
shall conduct a hearing on an environmental issue raised by the
application after giving adequate notice to interested persons.
(C) A finding of the Secretary of Transportation under subpara-
graph (A) of this paragraph shall be made a matter of public
record.
(c) PROHIBITIONS
AGAINST
REGULATING
OPERATIONS
AND
CHARGES.—The Secretary of Transportation may not regulate the
operation of a mass transportation system for which a grant is
made under section 5309 of this title and, after a grant is made,
may not regulate any charge for the system. However, the Secretary
may require the local governmental authority, corporation, or
association to comply with any undertaking provided by it related
to its grant application.
§ 5325. Contract requirements
(a) NONCOMPETITIVE BIDDING.—A capital project or improve-
ment contract for which a grant or loan is made under this chapter,
if the contract is not made through competitive bidding, shall pro-
vide that records related to the contract shall be made available
to the Secretary of Transportation and the Comptroller General,
or an officer or employee of the Secretary or Comptroller General,
when conducting an audit and inspection.
(b) ACQUIRING ROLLING STOCK.—A recipient of financial assist-
ance of the United States Government under this chapter may
make a contract to expend that assistance to acquire rolling stock—
(1) based on—
(A) initial capital costs; or
(B) performance, standardization, life cycle costs, and
other factors; or
(2) with a party selected through a competitive procurement
process.
(c) PROCURING ASSOCIATED CAPITAL MAINTENANCE ITEMS.—A
recipient of a grant under section 5307 of this title procuring
an associated capital maintenance item under section 5307(b) may
make a contract directly with the original manufacturer or supplier
of the item to be replaced, without receiving prior approval of
the Secretary, if the recipient first certifies in writing to the Sec-
retary that—
(1) the manufacturer or supplier is the only source for
the item; and
(2) the price of the item is no more than the price similar
customers pay for the item.
(d) MANAGEMENT, ARCHITECTURAL, AND ENGINEERING CON-
TRACTS.—A 
contract 
for 
program 
management, 
construction
management, a feasibility study, and preliminary engineering,
design, architectural, engineering, surveying, mapping, or related
services for a project for which a grant or loan is made under
this chapter shall be awarded in the same way as a contract
for architectural and engineering services is negotiated under title
IX of the Federal Property and Administrative Services Act of
H. R. 1758—82
1949 (40 U.S.C. 541 et seq.) or an equivalent qualifications-based
requirement of a State. This subsection does not apply to the
extent a State has adopted or adopts by law a formal procedure
for procuring those services.
§ 5326. Special procurements
(a) TURNKEY SYSTEM PROJECTS.—(1) In this subsection, ‘‘turn-
key system project’’ means a project under which a recipient makes
a contract with a seller, firm, or consortium of firms to construct
a mass transportation system that meets specific performance cri-
teria and that the seller operates for a period of time.
(2) To advance new technologies and lower the cost of a capital
project for a new mass transportation system, the Secretary of
Transportation shall allow solicitation for a turnkey system project
to be financed under this chapter to be awarded conditionally before
United States Government requirements have been met on the
project if the award is made without prejudice to carrying out
those requirements. Government financial assistance under this
chapter may be made available for the project after the recipient
complies with Government requirements.
(3) To develop regulations applying generally to turnkey system
projects, the Secretary may approve at least 2 projects for an
initial demonstration phase. The results of the demonstration
projects (and other projects using this procurement method on
December 18, 1991) shall be considered in developing guidelines
to carry out this subsection.
(b) MULTIYEAR ROLLING STOCK.—(1) A recipient procuring roll-
ing stock with Government financial assistance under this chapter
may make a multiyear contract to buy the rolling stock and replace-
ment parts under which the recipient has an option to buy addi-
tional rolling stock or replacement parts for not more than 5 years
after the date of the original contract.
(2) The Secretary shall allow at least 2 recipients to act on
a cooperative basis to procure rolling stock in compliance with
this subsection and other Government procurement requirements.
(c) EFFICIENT
PROCUREMENT.—A recipient may award a
procurement contract under this chapter to other than the lowest
bidder when the award furthers an objective consistent with the
purposes of this chapter, including improved long-term operating
efficiency and lower long-term costs. Not later than March 17,
1992, the Secretary shall—
(1) make appropriate changes in existing procedures to
make the policy stated in this subsection readily practicable
for all mass transportation authorities; and
(2) prescribe guidance that clarifies and carries out the
policy.
§ 5327. Project management oversight
(a) PROJECT MANAGEMENT PLAN REQUIREMENTS.—To receive
United States Government financial assistance for a major capital
project under this chapter or the National Capital Transportation
Act of 1969 (Public Law 91–143, 83 Stat. 320), a recipient must
prepare and carry out a project management plan approved by
the Secretary of Transportation. The plan shall provide for—
(1) adequate recipient staff organization with well-defined
reporting relationships, statements of functional responsibil-
ities, job descriptions, and job qualifications;
H. R. 1758—83
(2) a budget covering the project management organization,
appropriate consultants, property acquisition, utility relocation,
systems demonstration staff, audits, and miscellaneous pay-
ments the recipient may be prepared to justify;
(3) a construction schedule for the project;
(4) a document control procedure and recordkeeping system;
(5) a change order procedure that includes a documented,
systematic approach to the handling of construction change
orders;
(6) organizational structures, management skills, and staff-
ing levels required throughout the construction phase;
(7) quality control and quality assurance functions, proce-
dures, and responsibilities for construction, system installation,
and integration of system components;
(8) material testing policies and procedures;
(9) internal plan implementation and reporting require-
ments;
(10) criteria and procedures to be used for testing the
operational system or its major components;
(11) periodic updates of the plan, especially related to
project budget and project schedule, financing, ridership esti-
mates, and the status of local efforts to enhance ridership
where ridership estimates partly depend on the success of those
efforts; and
(12) the recipient’s commitment to submit a project budget
and project schedule to the Secretary each month.
(b) PLAN APPROVAL.—(1) The Secretary shall approve a plan
not later than 60 days after it is submitted. If the approval cannot
be completed within 60 days, the Secretary shall notify the recipient,
explain the reasons for the delay, and estimate the additional
time that will be required.
(2) The Secretary shall inform the recipient of the reasons
when a plan is disapproved.
(c) LIMITATIONS ON USE OF AVAILABLE AMOUNTS.—(1) The Sec-
retary may use not more than .5 percent of amounts made available
for a fiscal year to carry out section 5307, 5309, or 5311 of this
title, an interstate transfer mass transportation project under sec-
tion 103(e)(4) of title 23 as in effect on September 30, 1991, or
a project under the National Capital Transportation Act of 1969
(Public Law 91–143, 83 Stat. 320) to make a contract to oversee
the construction of a major project under section 5307, 5309, 5311,
or 103(e)(4) of that Act. The Secretary may use when necessary
not more than an additional .25 percent of amounts made available
in a fiscal year to carry out a major project under section 5307
to make a contract to oversee the construction of the project.
(2) The Secretary may use amounts available under paragraph
(1) of this subsection to make contracts for safety, procurement,
management, and financial compliance reviews and audits of a
recipient of amounts under paragraph (1). Subsections (a), (b), and
(e) of this section do not apply to contracts under this paragraph.
(3) The Government shall pay the entire cost of carrying out
a contract under this subsection.
(d) ACCESS TO SITES AND RECORDS.—Each recipient of assist-
ance under this chapter or section 14(b) of the National Capital
Transportation Act of 1969 (Public Law 91–143, 83 Stat. 320),
as added by section 2 of the National Capital Transportation
Amendments of 1979 (Public Law 96–184, 93 Stat. 1320), shall
H. R. 1758—84
provide the Secretary and a contractor the Secretary chooses under
subsection (c) of this section with access to the construction sites
and records of the recipient when reasonably necessary.
(e) REGULATIONS.—The Secretary shall prescribe regulations
necessary to carry out this section. The regulations shall include—
(1) a definition of ‘‘major capital project’’ for subsection
(c) of this section that excludes a project to acquire rolling
stock or to maintain or rehabilitate a vehicle; and
(2) a requirement that oversight begin during the prelimi-
nary engineering stage of a project, unless the Secretary finds
it more appropriate to begin the oversight during another stage
of the project, to maximize the transportation benefits and
cost savings associated with project management oversight.
§ 5328. Project review
(a) SCHEDULE.—(1) When the Secretary of Transportation
allows a new fixed guideway project to advance into the alternatives
analysis stage of project review, the Secretary shall cooperate with
the applicant in alternatives analysis and in preparing a draft
environmental impact statement and shall approve the draft for
circulation not later than 45 days after the applicant submits the
draft to the Secretary.
(2) After the draft is circulated and not later than 30 days
after the applicant selects a locally preferred alternative, the Sec-
retary shall allow the project to advance to the preliminary
engineering stage if the Secretary finds the project is consistent
with section 5309(e)(1)–(6) of this title.
(3) The Secretary shall issue a record of decision and allow
a project to advance to the final design stage of construction not
later than 120 days after the final environmental impact statement
for the project is completed.
(4) The Secretary shall make a full financing grant agreement
under section 5309 of this title for a project not later than 120
days after the project enters the final design stage of construction.
The agreement shall provide for a United States Government share
of the construction cost at least equal to the Government share
estimated in the Secretary’s most recent report required under
section 5309(m)(2) of this title or an update of the report unless
the applicant requests otherwise.
(b) ALLOWED DELAYS.—(1) Advancement of a project under
the time requirements of subsection (a) of this section may be
delayed only—
(A) for the time the applicant may request; or
(B) during the time the Secretary finds, after reasonable
notice and an opportunity for comment, that the applicant,
for reasons attributable only to the applicant, has not complied
substantially with the provisions of this chapter applicable
to the project.
(2) Not more than 10 days after imposing a delay under para-
graph (1)(B) of this subsection, the Secretary shall give the applicant
a written statement explaining the reasons for the delay and
describing actions the applicant must take to end the delay.
(3) At least once every 6 months, the Secretary shall report
to the Committee on Public Works and Transportation of the House
of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate on each situation in which the Secretary
has not met a time requirement of subsection (a) of this section
H. R. 1758—85
or delayed a time requirement under paragraph (1)(B) of this sub-
section. The report shall explain the reasons for the delay and
include a plan for achieving timely completion of the Secretary’s
review.
(c) PROGRAM
OF INTERRELATED PROJECTS.—(1) In this sub-
section, a program of interrelated projects includes the following:
(A) the New Jersey Urban Core Project (as defined in
title III of the Intermodal Surface Transportation Efficiency
Act of 1991 (Public Law 102–240, 105 Stat. 2087)).
(B) the San Francisco Bay Area Rail Extension Program,
consisting of at least an extension of the San Francisco Bay
Area Rapid Transit District to the San Francisco International
Airport (Phase 1a to Colma and Phase 1b to San Francisco
Airport), the Santa Clara County Transit District Tasman Cor-
ridor Project, a program element designated by a change to
the Metropolitan Transportation Commission Resolution No.
1876, and a program element financed completely with non-
Government amounts, including the BART Warm Springs
Extension, Dublin Extension, and West Pittsburg Extension.
(C) the Los Angeles Metro Rail Minimum Operable Seg-
ment-3 Program, consisting of 7 stations and approximately
11.6 miles of heavy rail subway on the following lines:
(i) one line running west and northwest from the Holly-
wood/Vine station to the North Hollywood station, with
2 intermediate stations.
(ii) one line running west from the Wilshire/Western
station to the Pico/San Vicente station, with one intermedi-
ate station.
(iii) the East Side Extension, consisting of an initial
line of approximately 3 miles, with at least 2 stations,
beginning at Union Station and running generally east.
(D) the Baltimore-Washington Transportation Improve-
ment Program, consisting of 3 extensions of the Baltimore
Light Rail to Hunt Valley, Penn Station, and Baltimore-
Washington Airport, MARC extensions to Frederick and Wal-
dorf, Maryland, and an extension of the Washington Subway
system to Largo, Maryland.
(E) the Tri-County Metropolitan Transportation District
of Oregon Westside Light Rail Program, consisting of the locally
preferred alternative for the Westside Light Rail Project, includ-
ing system related costs, contained in the Department of
Transportation and Related Agencies Appropriations Act, 1991
(Public Law 101–516, 104 Stat. 2155), and defined in House
Report 101–584, and the Hillsboro extension to the Westside
Light Rail Project contained in that Act.
(F) the Queens Local/Express Connector Program, consist-
ing of the locally preferred alternative for the connection of
the 63d Street tunnel extension to the Queens Boulevard lines,
the bell-mouth part of the connector that will allow for future
access by commuter rail trains and other subway lines to the
63d Street tunnel extension, planning elements for connecting
the upper and lower levels to commuter and subway lines
in Long Island City, and planning elements for providing a
connector for commuter rail transportation to the East side
of Manhattan and subway lines to the proposed Second Avenue
subway.
H. R. 1758—86
(G) the Dallas Area Rapid Transit Authority light rail
elements of the New System Plan, consisting of the locally
preferred alternative for the South Oak Cliff corridor, the South
Oak Cliff corridor extension-Camp Wisdom, the West Oak Cliff
corridor-Westmoreland, the North Central corridor-Park Lane,
the North Central corridor-Richardson, Plano, and Garland
extensions, the Pleasant Grove corridor-Buckner, and the
Carrollton corridors-Farmers Branch and Las Colinas terminal.
(H) other programs designated by law or the Secretary.
(2) Consistent with the time requirements of subsection (a)
of this section or as otherwise provided by law, the Secretary
shall make at least one full financing grant agreement for each
program described in paragraph (1) of this subsection. The agree-
ment shall include commitments to advance each of the applicant’s
program elements (in the program of interrelated projects) through
the appropriate program review stages as provided in subsection
(a) or as otherwise provided by law and to provide Government
financing for each element. The agreement may be changed to
include design and construction of a particular element.
(3) When reviewing a project in a program of interrelated
projects, the Secretary shall consider the local financial commit-
ment, transportation effectiveness, and other assessment factors
of all program elements to the extent consideration expedites carry-
ing out the project.
(4) Including a program element not financed by the Govern-
ment in a program of interrelated projects does not impose Govern-
ment requirements that otherwise would not apply to the element.
§ 5329. Investigation of safety hazards
(a) GENERAL.—The Secretary of Transportation may investigate
a condition in equipment, a facility, or an operation financed under
this chapter that the Secretary believes causes a serious hazard
of death or injury to establish the nature and extent of the condition
and how to eliminate or correct it. If the Secretary establishes
that a condition causes a hazard, the Secretary shall require the
local governmental authority receiving amounts under this chapter
to submit a plan for correcting it. The Secretary may withhold
further financial assistance under this chapter until a plan is
approved and carried out.
(b) REPORT.—Not later than June 15, 1992, the Secretary shall
submit to Congress a report containing—
(1) a description of actions taken to identify and investigate
conditions in a facility, equipment, or way of operating as
part of the findings and decisions required of the Secretary
in providing a grant or loan under this chapter;
(2) a description of actions of the Secretary to correct or
eliminate, as a requirement for making an amount available
through a grant or loan under this chapter, a condition found
to create a serious hazard of death or injury;
(3) a summary of all passenger-related deaths and injuries
resulting from an unsafe condition in a facility, equipment,
or way of operating a facility or equipment at least partly
financed under this chapter;
(4) a summary of all employee-related deaths and injuries
resulting from an unsafe condition in a facility, equipment,
or way of operating a facility or equipment at least partly
financed under this chapter;
H. R. 1758—87
(5) a summary of action of the Secretary to correct or
eliminate the unsafe condition to which the deaths and injuries
referred to in clauses (3) and (4) of this subsection were attrib-
uted;
(6) a summary of actions of the Secretary to alert mass
transportation operators of the nature of the unsafe condition
found to create a serious hazard of death or injury; and
(7) recommendations of the Secretary to Congress of any
legislative or administrative actions necessary to ensure that
all recipients of amounts under this chapter will undertake
the best way available to correct or eliminate hazards of death
or injury, including—
(A) a timetable for undertaking actions;
(B) an estimate of the capital and operating cost to
take the actions; and
(C) minimum standards for establishing and carrying
out safety plans by recipients of amounts under this
chapter.
§ 5330. Withholding amounts for noncompliance with safety
requirements
(a) APPLICATION.—This section applies only to States that have
rail fixed guideway mass transportation systems not subject to
regulation by the Federal Railroad Administration.
(b) GENERAL AUTHORITY.—The Secretary of Transportation may
withhold not more than 5 percent of the amount required to be
appropriated for use in a State or urbanized area in the State
under section 5307 of this title for a fiscal year beginning after
September 30, 1994, if the State in the prior fiscal year has not
met the requirements of subsection (c) of this section and the
Secretary decides the State is not making an adequate effort to
comply with subsection (c).
(c) STATE REQUIREMENTS.—A State meets the requirements
of this section if the State—
(1) establishes and is carrying out a safety program plan
for each fixed guideway mass transportation system in the
State that establishes at least safety requirements, lines of
authority, levels of responsibility and accountability, and meth-
ods of documentation for the system; and
(2) designates a State authority as having responsibility—
(A) to require, review, approve, and monitor the carry-
ing out of each plan;
(B) to investigate hazardous conditions and accidents
on the systems; and
(C) to require corrective action to correct or eliminate
those conditions.
(d) MULTISTATE INVOLVEMENT.—When more than one State
is subject to this section in connection with a single mass transpor-
tation authority, the affected States may designate an entity (except
the mass transportation authority) to ensure uniform safety stand-
ards and enforcement and to meet the requirements of subsection
(c) of this section.
(e) AVAILABILITY OF WITHHELD AMOUNTS.—(1) An amount with-
held under subsection (b) of this section remains available for
apportionment for use in the State until the end of the 2d fiscal
year after the fiscal year for which the amount may be appropriated.
H. R. 1758—88
(2) If a State meets the requirements of subsection (c) of this
section before the last day of the period for which an amount
withheld under subsection (b) of this section remains available
under paragraph (1) of this subsection, the Secretary, on the first
day on which the State meets the requirements, shall apportion
to the State the amount withheld that remains available for appor-
tionment for use in the State. An amount apportioned under this
paragraph remains available until the end of the 3d fiscal year
after the fiscal year in which the amount is apportioned. An amount
not obligated at the end of the 3-year period shall be apportioned
for use in other States under section 5336 of this title.
(3) If a State does not meet the requirements of subsection
(c) of this section at the end of the period for which an amount
withheld under subsection (b) of this section remains available
under paragraph (1) of this subsection, the amount shall be appor-
tioned for use in other States under section 5336 of this title.
(f) REGULATIONS.—Not later than December 18, 1992, the Sec-
retary shall prescribe regulations stating the requirements for
complying with subsection (c) of this section.
§ 5331. Alcohol and controlled substances testing
(a) DEFINITIONS.—In this section—
(1) ‘‘controlled substance’’ means any substance under sec-
tion 102 of the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 802) whose use the Secretary
of Transportation decides has a risk to transportation safety.
(2) ‘‘person’’ includes any entity organized or existing under
the laws of the United States, a State, territory, or possession
of the United States, or a foreign country.
(3) ‘‘mass transportation’’ means any form of mass transpor-
tation, except a form the Secretary decides is covered ade-
quately, for employee alcohol and controlled substances testing
purposes, under subchapter III of chapter 201 or section 31306
of this title.
(b) TESTING PROGRAM
FOR MASS TRANSPORTATION EMPLOY-
EES.—(1)(A) In the interest of mass transportation safety, the Sec-
retary of Transportation shall prescribe regulations not later than
October 28, 1992, that establish a program requiring mass transpor-
tation operations that receive financial assistance under section
5307, 5309, or 5311 of this title or section 103(e)(4) of title 23
to conduct preemployment, reasonable suspicion, random, and post-
accident testing of mass transportation employees responsible for
safety-sensitive functions (as decided by the Secretary) for the use
of alcohol or a controlled substance in violation of law or a United
States Government regulation.
(B) When the Secretary of Transportation considers it appro-
priate in the interest of safety, the Secretary may prescribe regula-
tions for conducting periodic recurring testing of mass transpor-
tation employees responsible for safety-sensitive functions (as
decided by the Secretary) for the use of alcohol or a controlled
substance in violation of law or a Government regulation.
(2) In prescribing regulations under this subsection, the Sec-
retary of Transportation—
(A) shall require that post-accident testing of such a mass
transportation employee be conducted when loss of human life
occurs in an accident involving mass transportation; and
H. R. 1758—89
(B) may require that post-accident testing of such a mass
transportation employee be conducted when bodily injury or
significant property damage occurs in any other serious accident
involving mass transportation.
(c) DISQUALIFICATIONS FOR USE.—(1) When the Secretary of
Transportation considers it appropriate, the Secretary shall require
disqualification for an established period of time or dismissal of
any employee referred to in subsection (b)(1) of this section who
is found—
(A) to have used or been impaired by alcohol when on
duty; or
(B) to have used a controlled substance, whether or not
on duty, except as allowed for medical purposes by law or
regulation.
(2) This section does not supersede any penalty applicable
to a mass transportation employee under another law.
(d) TESTING AND LABORATORY REQUIREMENTS.—In carrying out
subsection (b) of this section, the Secretary of Transportation shall
develop requirements that shall—
(1) promote, to the maximum extent practicable, individual
privacy in the collection of specimens;
(2) for laboratories and testing procedures for controlled
substances, incorporate the Department of Health and Human
Services scientific and technical guidelines dated April 11, 1988,
and any amendments to those guidelines, including mandatory
guidelines establishing—
(A) comprehensive standards for every aspect of labora-
tory controlled substances testing and laboratory proce-
dures to be applied in carrying out this section, including
standards requiring the use of the best available technology
to ensure the complete reliability and accuracy of controlled
substances tests and strict procedures governing the chain
of custody of specimens collected for controlled substances
testing;
(B) the minimum list of controlled substances for which
individuals may be tested; and
(C) appropriate standards and procedures for periodic
review of laboratories and criteria for certification and rev-
ocation of certification of laboratories to perform controlled
substances testing in carrying out this section;
(3) require that a laboratory involved in controlled sub-
stances testing under this section have the capability and facil-
ity, at the laboratory, of performing screening and confirmation
tests;
(4) provide that all tests indicating the use of alcohol or
a controlled substance in violation of law or a Government
regulation be confirmed by a scientifically recognized method
of testing capable of providing quantitative information about
alcohol or a controlled substance;
(5) provide that each specimen be subdivided, secured,
and labeled in the presence of the tested individual and that
a part of the specimen be retained in a secure manner to
prevent the possibility of tampering, so that if the individual’s
confirmation test results are positive the individual has an
opportunity to have the retained part tested by a 2d confirma-
tion test done independently at another certified laboratory
if the individual requests the 2d confirmation test not later
H. R. 1758—90
than 3 days after being advised of the results of the first
confirmation test;
(6) ensure appropriate safeguards for testing to detect and
quantify alcohol in breath and body fluid samples, including
urine and blood, through the development of regulations that
may be necessary and in consultation with the Secretary of
Health and Human Services;
(7) provide for the confidentiality of test results and medical
information (except information about alcohol or a controlled
substance) of employees, except that this clause does not pre-
vent the use of test results for the orderly imposition of appro-
priate sanctions under this section; and
(8) ensure that employees are selected for tests by non-
discriminatory and impartial methods, so that no employee
is harassed by being treated differently from other employees
in similar circumstances.
(e) REHABILITATION.—The Secretary of Transportation shall
prescribe regulations establishing requirements for rehabilitation
programs that provide for the identification and opportunity for
treatment of any mass transportation employee referred to in sub-
section (b)(1) of this section who is found to have used alcohol
or a controlled substance in violation of law or a Government
regulation. The Secretary shall decide on the circumstances under
which employees shall be required to participate in a program.
This subsection does not prevent a mass transportation operation
from establishing a program under this section in cooperation with
another mass transportation operation.
(f) RELATIONSHIP TO OTHER LAWS, REGULATIONS, STANDARDS,
AND ORDERS.—(1) A State or local government may not prescribe,
issue, or continue in effect a law, regulation, standard, or order
that is inconsistent with regulations prescribed under this section.
However, a regulation prescribed under this section does not pre-
empt a State criminal law that imposes sanctions for reckless
conduct leading to loss of life, injury, or damage to property.
(2) In prescribing regulations under this section, the Secretary
of Transportation—
(A) shall establish only requirements that are consistent
with international obligations of the United States; and
(B) shall consider applicable laws and regulations of foreign
countries.
(3) This section does not prevent the Secretary of Transpor-
tation from continuing in effect, amending, or further supplementing
a regulation prescribed before October 28, 1991, governing the
use of alcohol or a controlled substance by mass transportation
employees.
(g) INELIGIBILITY
FOR ASSISTANCE.—A person is not eligible
for financial assistance under section 5307, 5309, or 5311 of this
title or section 103(e)(4) of title 23 if the person is required, under
regulations the Secretary of Transportation prescribes under this
section, to establish a program of alcohol and controlled substances
testing and does not establish the program.
§ 5332. Nondiscrimination
(a) DEFINITION.—In this section, ‘‘person’’ includes a govern-
mental authority, political subdivision, authority, legal representa-
tive, trust, unincorporated organization, trustee, trustee in bank-
ruptcy, and receiver.
H. R. 1758—91
(b) PROHIBITIONS.—A person may not be excluded from partici-
pating in, denied a benefit of, or discriminated against under,
a project, program, or activity receiving financial assistance under
this chapter because of race, color, creed, national origin, sex, or
age.
(c) COMPLIANCE.—(1) The Secretary of Transportation shall take
affirmative action to ensure compliance with subsection (b) of this
section.
(2) When the Secretary decides that a person receiving financial
assistance under this chapter is not complying with subsection
(b) of this section, a civil rights law of the United States, or
a regulation or order under that law, the Secretary shall notify
the person of the decision and require action be taken to ensure
compliance with subsection (b).
(d) AUTHORITY OF SECRETARY FOR NONCOMPLIANCE.—If a per-
son does not comply with subsection (b) of this section within
a reasonable time after receiving notice, the Secretary shall—
(1) direct that no further financial assistance of the United
States Government under this chapter be provided to the per-
son;
(2) refer the matter to the Attorney General with a rec-
ommendation that a civil action be brought;
(3) proceed under title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.); and
(4) take any other action provided by law.
(e) CIVIL ACTIONS BY ATTORNEY GENERAL.—The Attorney Gen-
eral may bring a civil action for appropriate relief when—
(1) a matter is referred to the Attorney General under
subsection (d)(2) of this section; or
(2) the Attorney General believes a person is engaged in
a pattern or practice in violation of this section.
(f) APPLICATION AND RELATIONSHIP TO OTHER LAWS.—This sec-
tion applies to an employment or business opportunity and is in
addition to title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
§ 5333. Labor standards
(a) PREVAILING
WAGES
REQUIREMENT.—The Secretary of
Transportation shall ensure that laborers and mechanics employed
by contractors and subcontractors in construction work financed
with a grant or loan under this chapter be paid wages not less
than those prevailing on similar construction in the locality, as
determined by the Secretary of Labor under the Act of March
3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–
5). The Secretary of Transportation may approve a grant or loan
only after being assured that required labor standards will be
maintained on the construction work. For a labor standard under
this subsection, the Secretary of Labor has the same duties and
powers stated in Reorganization Plan No. 14 of 1950 (eff. May
24, 1950, 64 Stat. 1267) and section 2 of the Act of June 13,
1934 (40 U.S.C. 276c).
(b) EMPLOYEE PROTECTIVE ARRANGEMENTS.—(1) As a condition
of 
financial 
assistance 
under 
sections 
5307–5312, 
5318(d),
5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(j)(5) of this title,
the interests of employees affected by the assistance shall be pro-
tected under arrangements the Secretary of Labor concludes are
fair and equitable. The agreement granting the assistance under
H. R. 1758—92
sections 5307–5312, 5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337,
and 5338(j)(5) shall specify the arrangements.
(2) Arrangements under this subsection shall include provisions
that may be necessary for—
(A) the preservation of rights, privileges, and benefits
(including continuation of pension rights and benefits) under
existing collective bargaining agreements or otherwise;
(B) the continuation of collective bargaining rights;
(C) the protection of individual employees against a worsen-
ing of their positions related to employment;
(D) assurances of employment to employees of acquired
mass transportation systems;
(E) assurances of priority of reemployment of employees
whose employment is ended or who are laid off; and
(F) paid training or retraining programs.
(3) Arrangements under this subsection shall provide benefits
at least equal to benefits established under section 11347 of this
title.
§ 5334. Administrative
(a) GENERAL AUTHORITY.—In carrying out this chapter, the
Secretary of Transportation may—
(1) prescribe terms for a project under sections 5307 and
5309–5311 of this title (except terms the Secretary of Labor
prescribes under section 5333(b) of this title);
(2) sue and be sued;
(3) foreclose on property or bring a civil action to protect
or enforce a right conferred on the Secretary of Transportation
by law or agreement;
(4) buy property related to a loan under this chapter;
(5) agree to pay an annual amount in place of a State
or local tax on real property acquired or owned under this
chapter;
(6) sell, exchange, or lease property, a security, or an obliga-
tion;
(7) obtain loss insurance for property and assets the Sec-
retary of Transportation holds;
(8) consent to a modification in an agreement under this
chapter; and
(9) include in an agreement or instrument under this chap-
ter a covenant or term the Secretary of Transportation considers
necessary to carry out this chapter.
(b) PROCEDURES FOR PRESCRIBING REGULATIONS.—(1) The Sec-
retary of Transportation shall prepare an agenda listing all areas
in which the Secretary intends to propose regulations governing
activities under this chapter within the following 12 months. The
Secretary shall publish the proposed agenda in the Federal Register
as part of the Secretary’s semiannual regulatory agenda that lists
regulatory activities of the Federal Transit Administration. The
Secretary shall submit the agenda to the Committees on Public
Works and Transportation and Appropriations of the House of
Representatives and the Committees on Banking, Housing, and
Urban Affairs and Appropriations of the Senate on the day the
agenda is published.
(2) Except for emergency regulations, the Secretary of Transpor-
tation shall give interested parties at least 60 days to participate
in a regulatory proceeding under this chapter by submitting written
H. R. 1758—93
information, views, or arguments, with or without an oral presen-
tation, except when the Secretary for good cause finds that public
notice and comment are unnecessary because of the routine nature
or insignificant impact of the regulation or that an emergency
regulation should be issued. The Secretary may extend the 60-
day period if the Secretary decides the period is insufficient to
allow diligent individuals to prepare comments or that other cir-
cumstances justify an extension.
(3) An emergency regulation ends 120 days after it is issued.
(4) The Secretary of Transportation shall comply with this
section (except subsections (h) and (i)) and sections 5323(a)(2), (c)
and (e), 5324(c), and 5325 of this title when proposing or carrying
out a regulation governing an activity under this chapter, except
for a routine matter or a matter with no significant impact.
(c) BUDGET PROGRAM AND SET OF ACCOUNTS.—The Secretary
of Transportation shall—
(1) submit each year a budget program as provided in
section 9103 of title 31; and
(2) maintain a set of accounts the Comptroller General
shall audit under chapter 35 of title 31.
(d) DEPOSITORY AND AVAILABILITY OF AMOUNTS.—The Secretary
of Transportation shall deposit amounts made available to the
Secretary under this chapter in a checking account in the Treasury.
Receipts, assets, and amounts obtained or held by the Secretary
to carry out this chapter are available for administrative expenses
to carry out this chapter.
(e) BINDING EFFECT OF FINANCIAL TRANSACTION.—A financial
transaction of the Secretary of Transportation under this chapter
and a related voucher are binding on all officers and employees
of the United States Government.
(f) DEALING
WITH
ACQUIRED
PROPERTY.—Notwithstanding
another law related to the Government acquiring, using, or dispos-
ing of real property, the Secretary of Transportation may deal
with property acquired under subsection (a)(3) or (4) of this section
in any way. However, this subsection does not—
(1) deprive a State or political subdivision of a State of
jurisdiction of the property; or
(2) impair the civil rights, under the laws of a State or
political subdivision of a State, of an inhabitant of the property.
(g) TRANSFER OF ASSETS NO LONGER NEEDED.—(1) If a recipient
of assistance under this chapter decides an asset acquired under
this chapter at least in part with that assistance is no longer
needed for the purpose for which it was acquired, the Secretary
of Transportation may authorize the recipient to transfer the asset
to a local governmental authority to be used for a public purpose
with no further obligation to the Government. The Secretary may
authorize a transfer for a public purpose other than mass transpor-
tation only if the Secretary decides—
(A) the asset will remain in public use for at least 5
years after the date the asset is transferred;
(B) there is no purpose eligible for assistance under this
chapter for which the asset should be used;
(C) the overall benefit of allowing the transfer is greater
than the interest of the Government in liquidation and return
of the financial interest of the Government in the asset, after
considering fair market value and other factors; and
H. R. 1758—94
(D) through an appropriate screening or survey process,
that there is no interest in acquiring the asset for Government
use if the asset is a facility or land.
(2) A decision under paragraph (1) of this section must be
in writing and include the reason for the decision.
(3) This subsection is in addition to another law related to
using and disposing of a facility or equipment under an assistance
agreement.
(h) TRANSFER OF AMOUNTS AND NON-GOVERNMENT SHARE.—
(1) Amounts made available for a mass transportation project under
title 23 shall be transferred to and administered by the Secretary
of Transportation under this chapter. Amounts made available for
a highway project under this chapter shall be transferred to and
administered by the Secretary under title 23.
(2) The provisions of title 23 related to the non-Government
share apply to amounts under title 23 used for mass transportation
projects. The provisions of this chapter related to the non-Govern-
ment share apply to amounts under this chapter used for highway
projects.
(i) AUTHORITY OF SECRETARY OF HOUSING AND URBAN DEVELOP-
MENT.—The Secretary of Housing and Urban Development shall—
(1) carry out section 5312(a) and (b)(1) of this title related
to—
(A) urban transportation systems and planned develop-
ment of urban areas; and
(B) the role of transportation planning in overall urban
planning; and
(2) advise and assist the Secretary of Transportation in
making findings under section 5323(a)(1)(A) of this title.
(j) RELATIONSHIP TO OTHER LAWS.—(1) Section 9107(a) of title
31 applies to the Secretary of Transportation under this chapter.
(2) Section 3709 of the Revised Statutes (41 U.S.C. 5) applies
to a contract for more than $1,000 for services or supplies related
to property acquired under this chapter.
§ 5335. Reports and audits
(a) REPORTING SYSTEM AND UNIFORM SYSTEM OF ACCOUNTS
AND RECORDS.—(1) To help meet the needs of individual mass
transportation systems, the United States Government, State and
local governments, and the public for information on which to
base mass transportation service planning, the Secretary of
Transportation shall maintain a reporting system, by uniform cat-
egories, to accumulate mass transportation financial and operating
information and a uniform system of accounts and records. The
reporting and uniform systems shall contain appropriate informa-
tion to help any level of government make a public sector investment
decision. The Secretary may request and receive appropriate
information from any source.
(2) The Secretary may make a grant under section 5307 of
this title only if the applicant, and any person that will receive
benefits directly from the grant, are subject to the reporting and
uniform systems.
(b) QUARTERLY REPORTS.—Not later than 30 days after the
last day of each calendar quarter, the Secretary shall submit to
the Committees on Public Works and Transportation and Appropria-
tions of the House of Representatives and the Committees on Bank-
H. R. 1758—95
ing, Housing, and Urban Affairs and Appropriations of the Senate
a report on—
(1) obligations by State, designated recipient, and applicant
made under this chapter during the quarter;
(2) the balance of unobligated apportionments under this
chapter on the last day of the quarter;
(3) the balance of unobligated amounts under this chapter
on the last day of the quarter that the Secretary may expend;
(4) letters of intent issued during the quarter;
(5) letters of intent outstanding on the last day of the
quarter; and
(6) grant contracts executed and reimbursement authority
established for amounts obligated for each State, designated
recipient, and applicant.
(c) BIENNIAL NEEDS REPORT.—In January 1993 and in January
of every 2d year after 1993, the Comptroller General shall submit
to the Committee on Public Works and Transportation of the House
of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate a report containing an evaluation
of the extent to which current mass transportation needs are
addressed adequately and an estimate of the future mass transpor-
tation needs of the United States, including mass transportation
needs in rural areas (particularly access to health care facilities).
The report shall include—
(1) an assessment of needs related to rail modernization,
guideway modernization, replacing, rehabilitating, and buying
buses and related equipment, constructing bus related facilities,
and constructing new fixed guideway systems and extensions
to existing fixed guideway systems;
(2) a 5-year projection of maintenance and modernization
needs resulting from aging of existing equipment and facilities,
including the need to overhaul or replace existing bus fleets
and rolling stock used on fixed guideway systems;
(3) a 5-year projection of the need to invest in the expansion
of existing mass transportation systems to meet changing eco-
nomic, commuter, and residential patterns;
(4) an estimate of the level of expenditure needed to satisfy
the needs identified in clauses (1)–(3) of this paragraph;
(5) an examination of existing Government, State, local,
and private resources that are or reasonably can be expected
to be made available to support public mass transportation;
and
(6) the gap between the level of expenditure estimated
under clause (4) of this paragraph and the level of resources
identified under clause (5) of this paragraph that are available
to meet the needs.
(d) BIENNIAL TRANSFERABILITY REPORT.—In January 1993 and
in January of every 2d year after 1993, the Comptroller General
shall submit to the Committee on Public Works and Transportation
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report on carrying
out section 5307(b)(5) of this title. The report shall—
(1) identify, by State, the amount of mass transportation
money transferred for non-mass transportation purposes under
section 5307(b)(5) of this title during the prior fiscal year;
H. R. 1758—96
(2) include an assessment of the impact of the transfers
on the mass transportation needs of individuals and commu-
nities in the State, including the impact on—
(A) the State’s ability to meet the mass transportation
needs of elderly individuals and individuals with disabil-
ities;
(B) efforts to meet the objectives of the Clean Air
Act (42 U.S.C. 7401 et seq.) and the Americans With
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and
(C) the State’s efforts to extend public mass transpor-
tation services to unserved rural areas; and
(3) examine the relative levels of Government mass
transportation assistance and services in urban and rural areas
in the fiscal year that ended September 30, 1991, and the
extent to which the assistance and service has changed in
later fiscal years because of mass transportation resources made
available under this chapter and the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102–240,
105 Stat. 1914).
§ 5336. Apportionment of appropriations for block grants
(a) BASED ON URBANIZED AREA POPULATION.—Of the amount
made available or appropriated under section 5338(f) of this title—
(1) 9.32 percent shall be apportioned each fiscal year only
in urbanized areas with a population of less than 200,000
so that each of those areas is entitled to receive an amount
equal to—
(A) 50 percent of the total amount apportioned multi-
plied by a ratio equal to the population of the area divided
by the total population of all urbanized areas with popu-
lations of less than 200,000 as shown in the latest United
States Government census; and
(B) 50 percent of the total amount apportioned multi-
plied by a ratio for the area based on population weighted
by a factor, established by the Secretary of Transportation,
of the number of inhabitants in each square mile; and
(2) 90.68 percent shall be apportioned each fiscal year
only in urbanized areas with populations of at least 200,000
as provided in subsections (b) and (c) of this section.
(b) BASED
ON
FIXED
GUIDEWAY
REVENUE
VEHICLE-MILES,
ROUTE-MILES, AND PASSENGER-MILES.—(1) In this subsection, ‘‘fixed
guideway revenue vehicle-miles’’ and ‘‘fixed guideway route-miles’’
include ferry boat operations directly or under contract by the
designated recipient.
(2) Of the amount apportioned under subsection (a)(2) of this
section, 33.29 percent shall be apportioned as follows:
(A) 95.61 percent of the total amount apportioned under
this subsection shall be apportioned so that each urbanized
area with a population of at least 200,000 is entitled to receive
an amount equal to—
(i) 60 percent of the 95.61 percent apportioned under
this subparagraph multiplied by a ratio equal to the num-
ber of fixed guideway revenue vehicle-miles attributable
to the area, as established by the Secretary of Transpor-
tation, divided by the total number of all fixed guideway
revenue vehicle-miles attributable to all areas; and
H. R. 1758—97
(ii) 40 percent of the 95.61 percent apportioned under
this subparagraph multiplied by a ratio equal to the num-
ber of fixed guideway route-miles attributable to the area,
established by the Secretary, divided by the total number
of all fixed guideway route-miles attributable to all areas.
(B) 4.39 percent of the total amount apportioned under
this subsection shall be apportioned so that each urbanized
area with a population of at least 200,000 is entitled to receive
an amount equal to—
(i) the number of fixed guideway vehicle passenger-
miles traveled multiplied by the number of fixed guideway
vehicle passenger-miles traveled for each dollar of operating
cost in an area; divided by
(ii) the total number of fixed guideway vehicle pas-
senger-miles traveled multiplied by the total number of
fixed guideway vehicle passenger-miles traveled for each
dollar of operating cost in all areas.
(C) An urbanized area with a population of at least 750,000
in which commuter rail transportation is provided shall receive
at least .75 percent of the total amount apportioned under
this subsection.
(D) Under subparagraph (A) of this paragraph, fixed guide-
way revenue vehicle- or route-miles, and passengers served
on those miles, in an urbanized area with a population of
less than 200,000, where the miles and passengers served other-
wise would be attributable to an urbanized area with a popu-
lation of at least 1,000,000 in an adjacent State, are attributable
to the governmental authority in the State in which the urban-
ized area with a population of less than 200,000 is located.
The authority is deemed an urbanized area with a population
of at least 200,000 if the authority makes a contract for the
service.
(E) A recipient’s apportionment under subparagraph (A)(i)
of this paragraph may not be reduced if the recipient, after
satisfying the Secretary of Transportation that energy or
operating efficiencies would be achieved, reduces revenue
vehicle-miles but provides the same frequency of revenue serv-
ice to the same number of riders.
(c) BASED ON BUS REVENUE VEHICLE-MILES AND PASSENGER-
MILES.—Of the amount apportioned under subsection (a)(2) of this
section, 66.71 percent shall be apportioned as follows:
(1) 90.8 percent of the total amount apportioned under
this subsection shall be apportioned as follows:
(A) 73.39 percent of the 90.8 percent apportioned under
this paragraph shall be apportioned so that each urbanized
area with a population of at least 1,000,000 is entitled
to receive an amount equal to—
(i) 50 percent of the 73.39 percent apportioned
under this subparagraph multiplied by a ratio equal
to the total bus revenue vehicle-miles operated in or
directly serving the urbanized area divided by the total
bus revenue vehicle-miles attributable to all areas;
(ii) 25 percent of the 73.39 percent apportioned
under this subparagraph multiplied by a ratio equal
to the population of the area divided by the total popu-
lation of all areas, as shown by the latest Government
census; and
H. R. 1758—98
(iii) 25 percent of the 73.39 percent apportioned
under this subparagraph multiplied by a ratio for the
area based on population weighted by a factor, estab-
lished by the Secretary of Transportation, of the num-
ber of inhabitants in each square mile.
(B) 26.61 percent of the 90.8 percent apportioned under
this paragraph shall be apportioned so that each urbanized
area with a population of at least 200,000 but not more
than 999,999 is entitled to receive an amount equal to—
(i) 50 percent of the 26.61 percent apportioned
under this subparagraph multiplied by a ratio equal
to the total bus revenue vehicle-miles operated in or
directly serving the urbanized area divided by the total
bus revenue vehicle-miles attributable to all areas;
(ii) 25 percent of the 26.61 percent apportioned
under this subparagraph multiplied by a ratio equal
to the population of the area divided by the total popu-
lation of all areas, as shown by the latest Government
census; and
(iii) 25 percent of the 26.61 percent apportioned
under this subparagraph multiplied by a ratio for the
area based on population weighted by a factor, estab-
lished by the Secretary of Transportation, of the num-
ber of inhabitants in each square mile.
(2) 9.2 percent of the total amount apportioned under this
subsection shall be apportioned so that each urbanized area
with a population of at least 200,000 is entitled to receive
an amount equal to—
(A) the number of bus passenger-miles traveled multi-
plied by the number of bus passenger-miles traveled for
each dollar of operating cost in an area; divided by
(B) the total number of bus passenger-miles traveled
multiplied by the total number of bus passenger-miles trav-
eled for each dollar of operating cost in all areas.
(d) OPERATING ASSISTANCE.—(1) The total amount apportioned
under this section that may be used for operating assistance may
not be more than—
(A) 80 percent of the total amount apportioned in the
fiscal year ending September 30, 1982, under section 5(a)(1)(A),
(2)(A), and (3)(A) of the Urban Mass Transportation Act of
1964 to urbanized areas with populations of at least 1,000,000;
(B) 90 percent of the total amount apportioned in that
year under section 5(a)(1)(A), (2)(A), and (3)(A) to urbanized
areas with populations of at least 200,000 but not more than
999,999;
(C) 95 percent of the total amount apportioned in that
year under section 5(a)(1)(A), (2)(A), and (3)(A) to urbanized
areas with populations of less than 200,000; or
(D) two-thirds of the total amount apportioned under this
section during the first complete year an urbanized area
received amounts under this section if the area first became
an urbanized area under the 1980 Government census or later.
(2) Amounts apportioned under paragraph (1) of this subsection
shall be increased on October 1 of each year by an amount equal
to the amount applicable to each urbanized area under paragraph
(1) (except increases under this paragraph), multiplied by the
percentage increase in the Consumer Price Index for all-urban
H. R. 1758—99
consumers published by the Secretary of Labor during the most
recent calendar year. However, the increase may not be more than
the percentage increase of amounts made available under section
5338(f) of this title in the current fiscal year and amounts made
available under section 5338(f) in the prior fiscal year.
(e) DATE OF APPORTIONMENT.—The Secretary of Transportation
shall—
(1) apportion amounts appropriated under section 5338(f)
of this title to carry out section 5307 of this title not later
than the 10th day after the date the amounts are appropriated
or October 1 of the fiscal year for which the amounts are
appropriated, whichever is later; and
(2) publish apportionments of the amounts, including
amounts attributable to each urbanized area with a population
of more than 50,000 and amounts attributable to each State
of a multistate urbanized area, on the apportionment date.
(f) AMOUNTS NOT APPORTIONED TO DESIGNATED RECIPIENTS.—
The chief executive officer of a State may expend in an urbanized
area with a population of less than 200,000 an amount apportioned
under this section that is not apportioned to a designated recipient
as defined in section 5307(a) of this title.
(g) TRANSFERS OF APPORTIONMENTS.—(1) The chief executive
officer of a State may transfer any part of the State’s apportionment
under subsection (a)(1) of this section to supplement amounts appor-
tioned to the State under section 5311(c) of this title or amounts
apportioned to urbanized areas under this subsection. The chief
executive officer may make a transfer only after consulting with
responsible local officials and publicly owned operators of mass
transportation in each area for which the amount originally was
apportioned under this section.
(2) The chief executive officer of a State may transfer any
part of the State’s apportionment under section 5311(c) of this
title to supplement amounts apportioned to the State under sub-
section (a)(1) of this section.
(3) The chief executive officer of a State may use throughout
the State amounts of a State’s apportionment remaining available
for obligation at the beginning of the 90-day period before the
period of the availability of the amounts expires.
(4) A designated recipient for an urbanized area with a popu-
lation of at least 200,000 may transfer a part of its apportionment
under this section to the chief executive officer of a State. The
chief executive officer shall distribute the transferred amounts to
urbanized areas under this section.
(5) Capital and operating assistance limitations applicable to
the original apportionment apply to amounts transferred under
this subsection.
(h) CHANGES OF APPORTIONMENTS.—If sufficient amounts are
available, the Secretary of Transportation shall change apportion-
ments under this section between the Mass Transit Account of
the Highway Trust Fund and the general fund to ensure that
each recipient receives from the general fund at least as much
operating assistance made available each fiscal year under this
section as the recipient is eligible to receive.
(i) PERIOD OF AVAILABILITY TO RECIPIENTS.—An amount appor-
tioned under this section may be obligated by the recipient for
3 years after the fiscal year in which the amount is apportioned.
Not later than 30 days after the end of the 3-year period, an
H. R. 1758—100
amount that is not obligated at the end of that period shall be
added to the amount that may be apportioned under this section
in the next fiscal year.
(j) APPLICATION
OF OTHER SECTIONS.—Sections 5302, 5318,
5323(a)(1), (d), and (f), 5332, and 5333 of this title apply to this
section and to a grant made under this section. Except as provided
in this section, no other provision of this chapter applies to this
section or to a grant made under this section.
(k) CERTAIN URBANIZED AREAS GRANDFATHERED.—An area des-
ignated an urbanized area under the 1980 census and not des-
ignated an urbanized area under the 1990 census for the fiscal
year ending September 30, 1993, is eligible to receive—
(1) 50 percent of the amount the area would have received
if the area had been an urbanized area as defined by section
5302(a)(13) of this title; and
(2) an amount equal to 50 percent of the amount that
the State in which the area is located would have received
if the area had been an area other than an urbanized area.
§ 5337. Apportionment of appropriations for fixed guideway
modernization
(a) PERCENTAGE DISTRIBUTION.—The Secretary of Transpor-
tation shall apportion amounts made available for fixed guideway
modernization under section 5309 of this title for each of the fiscal
years ending September 30, 1993–1997, as follows:
(1) The first $455,000,000 shall be apportioned in the fol-
lowing urbanized areas as follows:
(A) Baltimore, 1.84 percent.
(B) Boston, 8.56 percent.
(C) Chicago/Northwestern Indiana, 17.18 percent.
(D) Cleveland, 2.09 percent.
(E) New York, 35.57 percent.
(F) Northeastern New Jersey, 9.04 percent.
(G) Philadelphia/Southern New Jersey, 12.41 percent.
(H) San Francisco, 7.21 percent.
(I) Southwestern Connecticut, 6.10 percent.
(2) The next $42,700,000 shall be apportioned in the follow-
ing urbanized areas as follows:
(A) New York, 33.2341 percent.
(B) Northeastern New Jersey, 22.1842 percent.
(C) Philadelphia/Southern New Jersey, 5.7594 percent.
(D) San Francisco, 2.7730 percent.
(E) Pittsburgh, 31.9964 percent.
(F) New Orleans, 4.0529 percent.
(3) The next $70,000,000 shall be apportioned as follows:
(A) 50 percent in the urbanized areas listed in para-
graphs (1) and (2) as provided in section 5336(b)(2)(A)
of this title.
(B) 50 percent in other urbanized areas eligible for
assistance under section 5336(b)(2)(A) of this title if the
areas contain fixed guideway systems placed in revenue
service at least 7 years before the fiscal year in which
amounts are made available and in any other urbanized
area if, before the first day of the fiscal year, the area
satisfies the Secretary that the area has modernization
needs that cannot be met adequately with amounts received
as provided in section 5336(b)(2)(A).
H. R. 1758—101
(4) Remaining amounts shall be apportioned in each urban-
ized area eligible for assistance under paragraphs (1)–(3) of
this subsection as provided in section 5336(B)(2)(A).
(b) TOTAL AMOUNTS NOT AVAILABLE.—In a fiscal year in which
the total amounts authorized under subsection (a)(1) and (2) of
this section are not available, the Secretary shall reduce on a
proportionate basis the apportionments of all urbanized areas
eligible under subsection (a)(1) or (2) to adjust for the amount
not available.
(c) NEW JERSEY TRANSIT CORPORATION.—Rail modernization
amounts allocated to the New Jersey Transit Corporation under
this section may be spent in any urbanized area in which the
New Jersey Transit Corporation operates rail transportation,
regardless of which urbanized area generates the financing.
(d) AVAILABILITY OF AMOUNTS.—An amount apportioned under
this section—
(1) remains available for 3 years after the fiscal year in
which the amount is apportioned; and
(2) that is unobligated at the end of the 3-year period
shall be reapportioned for the next fiscal year among urbanized
areas eligible under subsection (a)(1)–(3) of this section using
the apportionment formula of this section.
§ 5338. Authorizations
(a) FOR SECTIONS 5303–5306, 5308, 5310, 5311, 5313, 5314,
5317, 5320, 5327, AND 5334(a) and (c) AND SECTION 103(e)(4) OF
TITLE 23.—(1) Not more than the following amounts are available
from the Mass Transit Account of the Highway Trust Fund for
the Secretary of Transportation to carry out sections 5303–5306,
5308, 5310, 5311, 5313, 5314, 5317, 5320, 5327, and 5334(a) and
(c) of this title:
(A) $1,150,000,000 for the fiscal year ending September
30, 1993.
(B) $1,190,000,000 for the fiscal year ending September
30, 1994.
(C) $1,150,000,000 for the fiscal year ending September
30, 1995.
(D) $1,110,000,000 for the fiscal year ending September
30, 1996.
(E) $1,920,000,000 for the fiscal year ending September
30, 1997.
(2) In addition to amounts made available under paragraph
(1) of this subsection, not more than the following amounts may
be appropriated to the Secretary to carry out sections 5303–5306,
5308, 5310, 5311, 5313, 5314, 5317, 5320, 5327, and 5334(a) and
(c) of this title and substitute transit projects under section 103(e)(4)
of title 23:
(A) $2,055,000,000 for the fiscal year ending September
30, 1993.
(B) $1,885,000,000 for the fiscal year ending September
30, 1994.
(C) $1,925,000,000 for the fiscal year ending September
30, 1995.
(D) $1,965,000,000 for the fiscal year ending September
30, 1996.
(E) $2,430,000,000 for the fiscal year ending September
30, 1997.
H. R. 1758—102
(b) SECTION 5309.—(1) Not more than the following amounts
are available from the Account for the Secretary to carry out section
5309 of this title:
(A) $1,725,000,000 for the fiscal year ending September
30, 1993.
(B) $1,785,000,000 for the fiscal year ending September
30, 1994.
(C) $1,725,000,000 for the fiscal year ending September
30, 1995.
(D) $1,665,000,000 for the fiscal year ending September
30, 1996.
(E) $2,880,000,000 for the fiscal year ending September
30, 1997.
(2) In addition to amounts made available under paragraph
(1) of this subsection, not more than the following amounts may
be appropriated to the Secretary to carry out section 5309 of this
title:
(A) $305,000,000 for the fiscal year ending September 30,
1993.
(B) $265,000,000 for the fiscal year ending September 30,
1994.
(C) $325,000,000 for the fiscal year ending September 30,
1995.
(D) $385,000,000 for the fiscal year ending September 30,
1996.
(E) $20,000,000 for the fiscal year ending September 30,
1997.
(c) SECTION 5315.—The Secretary shall make available in equal
amounts from amounts provided under subsections (f) and (g) of
this section not more than $3,000,000 for each of the fiscal years
ending September 30, 1993–1997, to carry out section 5315 of
this title.
(d) SECTION 5316.—Not more than the following amounts may
be appropriated to the Secretary from the Fund (except the Account)
for each of the fiscal years ending September 30, 1993–1997:
(1) $250,000 to carry out section 5316(a) of this title.
(2) $3,000,000 to carry out section 5316(b) of this title.
(3) $1,000,000 to carry out section 5316(c) of this title.
(4) $1,000,000 to carry out section 5316(d) of this title.
(5) $1,000,000 to carry out section 5316(e) of this title.
(e) SECTION 5317.—(1) Not more than $6,000,000 is available
from the Fund (except the Account) for the Secretary for each
of the fiscal years ending September 30, 1993–1997, to carry out
section 5317 of this title.
(2) Not more than the following amounts may be appropriated
to the Secretary from the Fund (except the Account) for making
grants under section 5317(b)(5)(B) of this title:
(A) $3,000,000 for the fiscal year ending September 30,
1993.
(B) $2,500,000 for the fiscal year ending September 30,
1994.
(f) SECTION 5307.—Amounts remaining available each fiscal
year under subsection (a)(1) of this section, after allocation under
subsections (g)–(i) and (j)(4) of this section, are available under
section 5307 of this title.
(g) PLANNING, PROGRAMMING, AND RESEARCH.—Before appor-
tioning in each fiscal year amounts made available or appropriated
H. R. 1758—103
under subsection (a) of this section, an amount equal to 3 percent
of amounts made available or appropriated under subsections (a)
and (b) of this section is available as follows:
(1) 45 percent for metropolitan planning activities under
section 5303(g) of this title.
(2) 5 percent to carry out section 5308(b)(2) of this title.
(3) 20 percent to carry out State programs under section
5313 of this title.
(4) 30 percent to carry out the national program under
section 5314 of this title.
(h) OTHER SET-ASIDES.—Before apportioning in each fiscal year
amounts made available or appropriated under subsection (a) of
this section, of amounts made available or appropriated under
subsections (a) and (b) of this section—
(1) not more than .96 percent is available for administrative
expenses to carry out section 5334(a) and (c)–(f) of this title;
(2) not more than 1.34 percent is available for transpor-
tation services to elderly individuals and individuals with
disabilities under the formula under section 5310(a) of this
title; and
(3) $7,000,000 is available for section 5317 for each of
the fiscal years ending September 30, 1993–1997.
(i) COMPLETING INTERSTATE TRANSFER TRANSIT PROJECTS.—
Of the amounts remaining available each year under subsections
(a) and (b) of this section, after allocation under subsections (g)
and (h) of this section, not more than $164,843,000 for the fiscal
year ending September 30, 1993, is available for substitute transit
projects under section 103(e)(4) of title 23.
(j) LIMITATIONS.—Of the amounts available—
(1) under subsection (a)(2) of this section, 3.5 percent is
available to finance programs and activities, including adminis-
trative costs, under section 5310 of this title;
(2) 1.5 percent of the amounts available to finance research,
development, and demonstration projects under section 5312(a)
of this title is available to increase the information and tech-
nology available to provide improved mass transportation serv-
ice and facilities planned and designed to meet the special
needs of elderly individuals and individuals with disabilities;
(3) not more than 12.5 percent is available for grants
to any one State under section 5312(c)(2) of this title;
(4) 5.5 percent of the amount remaining available each
year under subsection (a)(1) of this section, after allocation
under subsections (g)–(i) of this section, is available under
the formula under section 5311 of this title; and
(5) under section 5309(m)(1)(C) of this title—
(A) $2,000,000 is available for the fiscal year ending
September 30, 1993;
(B) the lesser of $2,000,000 or an amount the Secretary
determines is necessary for each fiscal year is available
for each of the fiscal years ending September 30, 1994–
1996; and
(C) the lesser of $3,000,000 or an amount the Secretary
determines is necessary is available for the fiscal year
ending September 30, 1997.
(k) GRANTS
AS CONTRACTUAL OBLIGATIONS.—(1) A grant or
contract approved by the Secretary, that is financed with amounts
made available under subsection (a)(1), (b)(1), (c), or (e) of this
H. R. 1758—113
(2) as a nonfood product included in the list published
under subsection (b) of this section.
§ 5705. Motor and rail transportation of nonfood products
(a) PROHIBITIONS.—The regulations prescribed under section
5703(a)(1) of this title shall include provisions prohibiting a person
from using, offering for use, or arranging for the use of a motor
vehicle or rail vehicle (except a tank truck, rail tank car, or cargo
tank described in section 5704 of this title) to transport cosmetics,
devices, drugs, food, or food additives if the vehicle is used to
transport nonfood products included in a list published under sub-
section (b) of this section.
(b) LIST OF UNSAFE NONFOOD PRODUCTS.—(1) After consulta-
tion required by section 5709 of this title, the Secretary of Transpor-
tation shall publish in the Federal Register a list of nonfood prod-
ucts the Secretary decides would make cosmetics, devices, drugs,
food, or food additives unsafe to humans or animals because of
transportation of the nonfood products in a motor vehicle or rail
vehicle used to transport cosmetics, devices, drugs, food, or food
additives. The Secretary may amend the list periodically by publica-
tion in the Federal Register.
(2) The list published under paragraph (1) of this subsection
may not include cardboard, pallets, beverage containers, and other
food packaging except to the extent the Secretary decides that
the transportation of cardboard, pallets, beverage containers, or
other food packaging in a motor vehicle or rail vehicle used to
transport cosmetics, devices, drugs, food, or food additives would
make the cosmetics, devices, drugs, food, or food additives unsafe
to humans or animals.
§ 5706. Dedicated vehicles
(a) PROHIBITIONS.—The regulations prescribed under section
5703(a)(1) of this title shall include provisions prohibiting a person
from using, offering for use, or arranging for the use of a motor
vehicle or rail vehicle to transport asbestos, in forms or quantities
the Secretary of Transportation decides are necessary, or products
that present an extreme danger to humans or animals, despite
any decontamination, removal, disposal, packaging, or other isola-
tion procedures, unless the motor vehicle or rail vehicle is used
only to transport one or more of the following: asbestos, those
extremely dangerous products, or refuse.
(b) LIST OF APPLICABLE PRODUCTS.—After consultation required
by section 5709 of this title, the Secretary shall publish in the
Federal Register a list of the products to which this section applies.
The Secretary may amend the list periodically by publication in
the Federal Register.
§ 5707. Waiver authority
(a) GENERAL AUTHORITY.—After consultation required by sec-
tion 5709 of this title, the Secretary of Transportation may waive
any part of this chapter or regulations prescribed under this chapter
for a class of persons, motor vehicles, rail vehicles, cosmetics,
devices, drugs, food, food additives, or nonfood products, if the
Secretary decides that the waiver—
(1) would not result in the transportation of cosmetics,
devices, drugs, food, or food additives that would be unsafe
to humans or animals; and
H. R. 1758—257
(A) a place outside that State (including a place outside
the United States); or
(B) another place in the same State through another
State or through a place outside the United States.
(5) ‘‘intrastate commerce’’ means trade, traffic, or transpor-
tation in a State that is not interstate commerce.
(6) ‘‘regulation’’ includes a standard or order.
(7) ‘‘State’’ means a State of the United States, the District
of Columbia, and, in sections 31136 and 31140–31142 of this
title, a political subdivision of a State.
(8) ‘‘State law’’ includes a law enacted by a political subdivi-
sion of a State.
(9) ‘‘State regulation’’ includes a regulation prescribed by
a political subdivision of a State.
(10) ‘‘United States’’ means the States of the United States
and the District of Columbia.
§ 31133. General powers of the Secretary of Transportation
(a) GENERAL.—In carrying out this subchapter and regulations
prescribed under section 31102 of this title, the Secretary of
Transportation may—
(1) conduct inspections and investigations;
(2) compile statistics;
(3) make reports;
(4) issue subpenas;
(5) require production of records and property;
(6) take depositions;
(7) hold hearings;
(8) prescribe recordkeeping and reporting requirements;
(9) conduct or make contracts for studies, development,
testing, evaluation, and training; and
(10) perform other acts the Secretary considers appropriate.
(b) CONSULTATION.—In conducting inspections and investiga-
tions under subsection (a) of this section, the Secretary shall consult,
as appropriate, with employers and employees and their authorized
representatives and offer them a right of accompaniment.
(c) DELEGATION.—The Secretary may delegate to a State receiv-
ing a grant under section 31102 of this title those duties and
powers related to enforcement (including conducting investigations)
of this subchapter and regulations prescribed under this subchapter
that the Secretary considers appropriate.
§ 31134. Commercial 
Motor 
Vehicle 
Safety 
Regulatory
Review Panel
(a) ESTABLISHMENT
AND GENERAL DUTY.—The Secretary of
Transportation shall establish the Commercial Motor Vehicle Safety
Regulatory Review Panel. The Panel shall analyze and review State
laws and regulations under sections 31140 and 31141 of this title.
(b) SPECIFIC DUTIES.—The Panel shall—
(1) carry out those duties and powers designated to be
carried out by the Panel under sections 31140 and 31141 of
this title;
(2) conduct a study to—
(A) evaluate the need, if any, for additional assistance
from the United States Government to the States to enable
them to enforce the regulations prescribed by the Secretary
under section 31136 of this title; and
H. R. 1758—267
(c) PREEMPTION.—(1) Except as provided in paragraph (2) of
this subsection, this subchapter and section 31102 of this title
do not—
(A) prevent a State or voluntary group of States from
imposing more stringent standards for use in their own periodic
roadside inspection programs of commercial motor vehicles;
(B) prevent a State from enforcing a program for inspection
of commercial motor vehicles that the Secretary decides is
as effective as the Government standards prescribed under
subsection (b) of this section;
(C) prevent a State from enforcing a program for inspection
of commercial motor vehicles that meets the requirements for
membership in the Commercial Vehicle Safety Alliance, as
those requirements were in effect on October 30, 1984; or
(D) require a State that is enforcing a program described
in clause (B) or (C) of this paragraph to enforce a Government
standard prescribed under subsection (b) of this section or
to adopt a provision on inspection of commercial motor vehicles
in addition to that program to comply with the Government
standards.
(2) The Government standards prescribed under subsection (b)
of this section shall preempt a program of a State described in
paragraph (1)(C) of this subsection as the program applies to the
inspection of commercial motor vehicles in that State. The State
may not enforce the program if the Secretary—
(A) decides, after notice and an opportunity for a hearing,
that the State is not enforcing the program in a way that
achieves the objectives of this section; and
(B) after making a decision under clause (A) of this para-
graph, provides the State with a 6-month period to improve
the enforcement of the program to achieve the objectives of
this section.
(d) INSPECTION TO BE ACCEPTED AS ADEQUATE IN ALL STATES.—
A periodic inspection of a commercial motor vehicle under the
Government standards prescribed under subsection (b) of this sec-
tion or a program described in subsection (c)(1)(B) or (C) of this
section that is being enforced shall be recognized as adequate in
every State for the period of the inspection. This subsection does
not prohibit a State from making random inspections of commercial
motor vehicles.
(e) EFFECT
OF GOVERNMENT STANDARDS.—The Government
standards prescribed under subsection (b) of this section may not
be enforced as the standards apply to the inspection of commercial
motor vehicles in a State enforcing a program described in sub-
section (c)(1)(B) or (C) of this section if the Secretary decides that
it is in the public interest and consistent with public safety for
the Government standards not to be enforced as they apply to
that inspection.
(f) APPLICATION
OF STATE REGULATIONS
TO GOVERNMENT-
LEASED VEHICLES
AND OPERATORS.—A State receiving financial
assistance under section 31102 of this title in a fiscal year may
enforce in that fiscal year a regulation on commercial motor vehicle
safety adopted by the State as the regulation applies to commercial
motor vehicles and operators leased to the Government.
H. R. 1758—278
§ 31310. Disqualifications
(a) BLOOD ALCOHOL CONCENTRATION LEVEL.—In this section,
the blood alcohol concentration level at or above which an individual
when operating a commercial motor vehicle is deemed to be driving
under the influence of alcohol is .04 percent.
(b) FIRST VIOLATION OR COMMITTING FELONY.—(1) Except as
provided in paragraph (2) of this subsection and subsection (c)
of this section, the Secretary of Transportation shall disqualify
from operating a commercial motor vehicle for at least one year
an individual—
(A) committing a first violation of driving a commercial
motor vehicle under the influence of alcohol or a controlled
substance;
(B) committing a first violation of leaving the scene of
an accident involving a commercial motor vehicle operated by
the individual; or
(C) using a commercial motor vehicle in committing a felony
(except a felony described in subsection (d) of this section).
(2) If the vehicle involved in a violation referred to in paragraph
(1) of this subsection is transporting hazardous material required
to be placarded under section 5103 of this title, the Secretary
shall disqualify the individual for at least 3 years.
(c) SECOND AND MULTIPLE VIOLATIONS.—(1) Subject to para-
graph (2) of this subsection, the Secretary shall disqualify from
operating a commercial motor vehicle for life an individual—
(A) committing more than one violation of driving a
commercial motor vehicle under the influence of alcohol or
a controlled substance;
(B) committing more than one violation of leaving the scene
of an accident involving a commercial motor vehicle operated
by the individual;
(C) using a commercial motor vehicle in committing more
than one felony arising out of different criminal episodes; or
(D) committing any combination of single violations or use
described in clauses (A)–(C) of this paragraph.
(2) The Secretary may prescribe regulations establishing guide-
lines (including conditions) under which a disqualification for life
under paragraph (1) of this subsection may be reduced to a period
of not less than 10 years.
(d) CONTROLLED SUBSTANCE VIOLATIONS.—The Secretary shall
disqualify from operating a commercial motor vehicle for life an
individual who uses a commercial motor vehicle in committing
a felony involving manufacturing, distributing, or dispensing a con-
trolled substance, or possession with intent to manufacture, distrib-
ute, or dispense a controlled substance.
(e) SERIOUS TRAFFIC VIOLATIONS.—(1) The Secretary shall dis-
qualify from operating a commercial motor vehicle for at least
60 days an individual who, in a 3-year period, commits 2 serious
traffic violations involving a commercial motor vehicle operated
by the individual.
(2) The Secretary shall disqualify from operating a commercial
motor vehicle for at least 120 days an individual who, in a 3-
year period, commits 3 serious traffic violations involving a commer-
cial motor vehicle operated by the individual.
(f) STATE DISQUALIFICATION.—Notwithstanding subsections (b)–
(e) of this section, the Secretary does not have to disqualify an
individual from operating a commercial motor vehicle if the State
H. R. 1758—279
that issued the individual a license authorizing the operation has
disqualified the individual from operating a commercial motor
vehicle under subsections (b)–(e). Revocation, suspension, or can-
cellation of the license is deemed to be disqualification under this
subsection.
(g) OUT-OF-SERVICE ORDERS.—(1)(A) To enforce section 392.5
of title 49, Code of Federal Regulations, the Secretary shall prescribe
regulations establishing and enforcing an out-of-service period of
24 hours for an individual who violates section 392.5. An individual
may not violate an out-of-service order issued under those regula-
tions.
(B) The Secretary shall prescribe regulations establishing and
enforcing requirements for reporting out-of-service orders issued
under regulations prescribed under subparagraph (A) of this para-
graph. Regulations prescribed under this subparagraph shall
require at least that an operator of a commercial motor vehicle
who is issued an out-of-service order to report the issuance to
the individual’s employer and to the State that issued the operator
a driver’s license.
(2) Not later than December 18, 1992, the Secretary shall
prescribe regulations establishing sanctions and penalties related
to violations of out-of-service orders by individuals operating
commercial motor vehicles. The regulations shall require at least
that—
(A) an operator of a commercial motor vehicle found to
have committed a first violation of an out-of-service order shall
be disqualified from operating such a vehicle for at least 90
days and liable for a civil penalty of at least $1,000;
(B) an operator of a commercial motor vehicle found to
have committed a 2d violation of an out-of-service order shall
be disqualified from operating such a vehicle for at least one
year and not more than 5 years and liable for a civil penalty
of at least $1,000; and
(C) an employer that knowingly allows or requires an
employee to operate a commercial motor vehicle in violation
of an out-of-service order shall be liable for a civil penalty
of not more than $10,000.
§ 31311. Requirements for State participation
(a) GENERAL.—To avoid having amounts withheld from appor-
tionment under section 31314 of this title, a State shall comply
with the following requirements:
(1) The State shall adopt and carry out a program for
testing and ensuring the fitness of individuals to operate
commercial motor vehicles consistent with the minimum stand-
ards prescribed by the Secretary of Transportation under sec-
tion 31305(a) of this title.
(2) The State may issue a commercial driver’s license to
an individual only if the individual passes written and driving
tests for the operation of a commercial motor vehicle that
comply with the minimum standards.
(3) The State shall have in effect and enforce a law provid-
ing that an individual with a blood alcohol concentration level
at or above the level established by section 31310(a) of this
title when operating a commercial motor vehicle is deemed
to be driving under the influence of alcohol.
H. R. 1758—280
(4) The State shall authorize an individual to operate a
commercial motor vehicle only by issuing a commercial driver’s
license containing the information described in section 31308(3)
of this title.
(5) At least 60 days before issuing a commercial driver’s
license (or a shorter period the Secretary prescribes by regula-
tion), the State shall notify the Secretary or the operator of
the information system under section 31309 of this title, as
the case may be, of the proposed issuance of the license and
other information the Secretary may require to ensure identi-
fication of the individual applying for the license.
(6) Before issuing a commercial driver’s license to an
individual, the State shall request from any other State that
has issued a commercial driver’s license to the individual all
information about the driving record of the individual.
(7) Not later than 30 days after issuing a commercial
driver’s license, the State shall notify the Secretary or the
operator of the information system under section 31309 of this
title, as the case may be, of the issuance.
(8) Not later than 10 days after disqualifying the holder
of a commercial driver’s license from operating a commercial
motor vehicle (or after revoking, suspending, or canceling the
license) for at least 60 days, the State shall notify the Secretary
or the operator of the information system under section 31309
of this title, as the case may be, and the State that issued
the license, of the disqualification, revocation, suspension, or
cancellation.
(9) If an individual operating a commercial motor vehicle
violates a State or local law on motor vehicle traffic control
(except a parking violation) and the individual has a driver’s
license issued by another State, the State in which the violation
occurred shall notify a State official designated by the issuing
State of the violation not later than 10 days after the date
the individual is found to have committed the violation.
(10) The State may not issue a commercial driver’s license
to an individual during a period in which the individual is
disqualified from operating a commercial motor vehicle or the
individual’s driver’s license is revoked, suspended, or canceled.
(11) The State may issue a commercial driver’s license
to an individual who has a commercial driver’s license issued
by another State only if the individual first returns the driver’s
license issued by the other State.
(12) The State may issue a commercial driver’s license
only to an individual who operates or will operate a commercial
motor vehicle and is domiciled in the State, except that, under
regulations the Secretary shall prescribe, the State may issue
a commercial driver’s license to an individual who operates
or will operate a commercial motor vehicle and is not domiciled
in a State that issues commercial drivers’ licenses.
(13) The State shall impose penalties the State considers
appropriate and the Secretary approves for an individual
operating a commercial motor vehicle when the individual—
(A) does not have a commercial driver’s license;
(B) has a driver’s license revoked, suspended, or can-
celed; or
(C) is disqualified from operating a commercial motor
vehicle.
H. R. 1758—281
(14) The State shall allow an individual to operate a
commercial motor vehicle in the State if—
(A) the individual has a commercial driver’s license
issued by another State under the minimum standards
prescribed by the Secretary under section 31305(a) of this
title;
(B) the license is not revoked, suspended, or canceled;
and
(C) the individual is not disqualified from operating
a commercial motor vehicle.
(15) The State shall disqualify an individual from operating
a commercial motor vehicle for the same reasons and time
periods for which the Secretary shall disqualify the individual
under section 31310(b)–(e) of this title.
(16)(A) Before issuing a commercial driver’s license to an
individual, the State shall request the Secretary for information
from the National Driver Register maintained under chapter
303 of this title (after the Secretary decides the Register is
operational) on whether the individual—
(i) has been disqualified from operating a motor vehicle
(except a commercial motor vehicle);
(ii) has had a license (except a license authorizing
the individual to operate a commercial motor vehicle)
revoked, suspended, or canceled for cause in the 3-year
period ending on the date of application for the commercial
driver’s license; or
(iii) has been convicted of an offense specified in section
30304(a)(3) of this title.
(B) The State shall give full weight and consideration to
that information in deciding whether to issue the individual
a commercial driver’s license.
(17) The State shall adopt and enforce regulations pre-
scribed by the Secretary under section 31310(g)(1)(A) and (2)
of this title.
(b) STATE SATISFACTION OF REQUIREMENTS.—A State may sat-
isfy the requirements of subsection (a) of this section that the
State disqualify an individual from operating a commercial motor
vehicle by revoking, suspending, or canceling the driver’s license
issued to the individual.
(c) NOTIFICATION.—Not later than 30 days after being notified
by a State of the proposed issuance of a commercial driver’s license
to an individual, the Secretary or the operator of the information
system under section 31309 of this title, as the case may be,
shall notify the State whether the individual has a commercial
driver’s license issued by another State or has been disqualified
from operating a commercial motor vehicle by another State or
the Secretary.
§ 31312. Grants for testing and ensuring the fitness of opera-
tors of commercial motor vehicles
(a) BASIC GRANTS.—(1) The Secretary of Transportation may
make a grant to a State under this subsection if the State—
(A) makes an agreement with the Secretary—
(i) to adopt and carry out in the fiscal year in which
the grant is made a program for testing and ensuring
the fitness of individuals who operate commercial motor
H. R. 1758—287
(b) LIMITATION.—A motor private carrier or a motor carrier
of migrant workers may use an identification plate only as author-
ized by the Secretary.
CHAPTER 
317—PARTICIPATION 
IN 
INTERNATIONAL
REGISTRATION PLAN AND INTERNATIONAL FUEL TAX
AGREEMENT
Sec.
31701.
Definitions.
31702.
Working group.
31703.
Grants.
31704.
Vehicle registration.
31705.
Fuel use tax.
31706.
Enforcement.
31707.
Limitations on statutory construction.
31708.
Authorization of appropriations.
§ 31701. Definitions
In this chapter—
(1) ‘‘commercial motor vehicle’’, with respect to—
(A) the International Registration Plan, has the same
meaning given the term ‘‘apportionable vehicle’’ under the
Plan; and
(B) the International Fuel Tax Agreement, has the
same meaning given the term ‘‘qualified motor vehicle’’
under the Agreement.
(2) ‘‘fuel use tax’’ means a tax imposed on or measured
by the consumption of fuel in a motor vehicle.
(3) ‘‘International Fuel Tax Agreement’’ means the inter-
state agreement on collecting and distributing fuel use taxes
paid by motor carriers, developed under the auspices of the
National Governors’ Association.
(4) ‘‘International Registration Plan’’ means the interstate
agreement on apportioning vehicle registration fees paid by
motor carriers, developed by the American Association of Motor
Vehicle Administrators.
(5) ‘‘Regional Fuel Tax Agreement’’ means the interstate
agreement on collecting and distributing fuel use taxes paid
by motor carriers in the States of Maine, Vermont, and New
Hampshire.
(6) ‘‘State’’ means the 48 contiguous States and the District
of Columbia.
§ 31702. Working group
(a) ESTABLISHMENT.—The Secretary of Transportation shall
establish a working group of State and local government officials,
including representatives of the National Governors’ Association,
the American Association of Motor Vehicle Administrators, the
National Conference of State Legislatures, the Federation of Tax
Administrators, and the Board of Directors for the International
Fuel Tax Agreement, and a representative of the Regional Fuel
Tax Agreement.
(b) PURPOSES.—The purposes of the working group are—
(1) to propose procedures to resolve disputes among States
participating in the International Registration Plan and among
States participating in the International Fuel Tax Agreement,
including designating the Secretary or any other person to
resolve the disputes; and
H. R. 1758—306
(4) The regulations prescribed by the Secretary shall provide
the way in which information is disclosed and retained under this
section.
(b) MILEAGE STATEMENT REQUIREMENT FOR LICENSING.—(1) A
motor vehicle the ownership of which is transferred may not be
licensed for use in a State unless the transferee, in submitting
an application to a State for the title on which the license will
be issued, includes with the application the transferor’s title and,
if that title contains the space referred to in paragraph (3)(A)(iii)
of this subsection, a statement, signed and dated by the transferor,
of the mileage disclosure required under subsection (a) of this
section. This paragraph does not apply to a transfer of ownership
of a motor vehicle that has not been licensed before the transfer.
(2)(A) Under regulations prescribed by the Secretary, if the
title to a motor vehicle issued to a transferor by a State is in
the possession of a lienholder when the transferor transfers owner-
ship of the vehicle, the transferor may use a written power of
attorney (if allowed by State law) in making the mileage disclosure
required under subsection (a) of this section. Regulations prescribed
under this paragraph—
(i) shall prescribe the form of the power of attorney;
(ii) shall provide that the form be printed by means of
a secure printing process (or other secure process);
(iii) shall provide that the State issue the form to the
transferee;
(iv) shall provide that the person exercising the power
of attorney retain a copy and submit the original to the State
with a copy of the title showing the restatement of the mileage;
(v) may require that the State retain the power of attorney
and the copy of the title for an appropriate period or that
the State adopt alternative measures consistent with section
32701(b) of this title, after considering the costs to the State;
(vi) shall ensure that the mileage at the time of transfer
be disclosed on the power of attorney document;
(vii) shall ensure that the mileage be restated exactly by
the person exercising the power of attorney in the space referred
to in paragraph (3)(A)(iii) of this subsection;
(viii) may not require that a motor vehicle be titled in
the State in which the power of attorney was issued;
(ix) shall consider the need to facilitate normal commercial
transactions in the sale or exchange of motor vehicles; and
(x) shall provide other conditions the Secretary considers
appropriate.
(B) Section 32709(a) and (b) applies to a person granting or
granted a power of attorney under this paragraph.
(3)(A) A motor vehicle the ownership of which is transferred
may be licensed for use in a State only if the title issued by
the State to the transferee—
(i) is produced by means of a secure printing process (or
other secure process);
(ii) indicates the mileage disclosure required to be made
under subsection (a) of this section; and
(iii) contains a space for the transferee to disclose the
mileage at the time of a future transfer and to sign and date
the disclosure.
H. R. 1758—379
derance of the evidence, that the transportation is not consistent
with the public convenience and necessity.
§ 41109. Terms of certificates
(a) GENERAL.—(1) Each certificate issued under section 41102
of this title shall specify the type of transportation to be provided.
(2) The Secretary of Transportation—
(A) may prescribe terms for providing air transportation
under the certificate that the Secretary finds may be required
in the public interest; but
(B) may not prescribe a term preventing an air carrier
from adding or changing schedules, equipment, accommoda-
tions, and facilities for providing the authorized transportation
to satisfy business development and public demand.
(3) A certificate issued under section 41102 of this title to
provide foreign air transportation shall specify the places between
which the air carrier is authorized to provide the transportation
only to the extent the Secretary considers practicable and otherwise
only shall specify each general route to be followed. The Secretary
shall authorize an air carrier holding a certificate to provide foreign
air transportation to handle and transport mail of countries other
than the United States.
(4) A certificate issued under section 41102 of this title to
provide foreign charter air transportation shall specify the places
between which the air carrier is authorized to provide the transpor-
tation only to the extent the Secretary considers practicable and
otherwise only shall specify each geographical area in which, or
between which, the transportation may be provided.
(b) MODIFYING TERMS.—(1) An air carrier may file with the
Secretary an application to modify any term of its certificate issued
under section 41102 of this title to provide interstate or foreign
air transportation. Not later than 60 days after an application
is filed, the Secretary shall—
(A) provide the carrier an opportunity for an oral evi-
dentiary hearing on the record; or
(B) begin to consider the application under section 41111
of this title.
(2) The Secretary shall modify each term the Secretary finds
to be inconsistent with the criteria under section 40101(a) and
(b) of this title.
(3) An application under this subsection may not be dismissed
under section 41108(b)(1)(C) of this title.
§ 41110. Effective periods and amendments, modifications,
suspensions, and revocations of certificates
(a) GENERAL.—(1) Each certificate issued under section 41102
of this title is effective from the date specified in it and remains
in effect until—
(A) the Secretary of Transportation suspends or revokes
the certificate under this section;
(B) the end of the period the Secretary specifies for an
air carrier having a certificate of temporary authority issued
under section 41102(a)(2) of this title; or
(C) the Secretary certifies that transportation is no longer
being provided under a certificate.
(2) On application or on the initiative of the Secretary and
after notice and an opportunity for a hearing or, except as provided
H. R. 1758—389
(A) the part of the transportation provided in the State
and approved by the appropriate State authority; and
(B) the part of the transportation provided by the
air carrier or foreign air carrier;
(2) a joint price established and filed under section 41504
of this title; or
(3) a joint price prescribed by the Secretary of Transpor-
tation under section 41507 of this title.
§ 41504. Tariffs for foreign air transportation
(a) FILING AND CONTENTS.—In the way prescribed by regulation
by the Secretary of Transportation, every air carrier and foreign
air carrier shall file with the Secretary, publish, and keep open
to public inspection, tariffs showing the prices for the foreign air
transportation provided between places served by the carrier and
provided between places served by the carrier and places served
by another air carrier or foreign air carrier with which through
service and joint prices have been established. A tariff—
(1) shall contain—
(A) to the extent the Secretary requires by regulation,
a description of the classifications, rules, and practices
related to the foreign air transportation;
(B) a statement of the prices in money of the United
States; and
(C) other information the Secretary requires by regula-
tion; and
(2) may contain—
(A) a statement of the prices in money that is not
money of the United States; and
(B) information that is required under the laws of
a foreign country in or to which the air carrier or foreign
air carrier is authorized to operate.
(b) CHANGES.—(1) Except as provided in paragraph (2) of this
subsection, an air carrier or foreign air carrier may change a price
or a classification, rule, or practice affecting that price or the
value of the transportation provided under that price, specified
in a tariff of the carrier for foreign air transportation only after
30 days after the carrier has filed, published, and posted notice
of the proposed change in the same way as required for a tariff
under subsection (a) of this section. However, the Secretary may
prescribe an alternative notice requirement, of at least 25 days,
to allow an air carrier or foreign air carrier to match a proposed
change in a passenger fare or a charge of another air carrier
or foreign air carrier. A notice under this paragraph must state
plainly the change proposed and when the change will take effect.
(2) If the effect of a proposed change would be to begin a
passenger fare that is outside of, or not covered by, the range
of passenger fares specified under section 41509(e)(2) and (3) of
this title, the proposed change may be put into effect only on
the expiration of 60 days after the notice is filed under regulations
prescribed by the Secretary.
(c) REJECTION OF CHANGES.—The Secretary may reject a tariff
or tariff change that is not consistent with this section and regula-
tions prescribed by the Secretary. A tariff or change that is rejected
is void.
H. R. 1758—390
§ 41505. Uniform methods for establishing joint prices, and
divisions of joint prices, applicable to commuter
air carriers
(a) DEFINITION.—In this section, ‘‘commuter air carrier’’ means
an air carrier providing transportation under section 40109(f) of
this title that provides at least 5 scheduled roundtrips a week
between the same 2 places.
(b) GENERAL.—Except as provided in subsection (c) of this sec-
tion, when the Secretary of Transportation prescribes under section
41508 or 41509 of this title a uniform method generally applicable
to establishing joint prices and divisions of joint prices for and
between air carriers holding certificates issued under section 41102
of this title, the Secretary shall make that uniform method apply
to establishing joint prices and divisions of joint prices for and
between air carriers and commuter air carriers.
(c) NOTICE REQUIRED BEFORE MODIFYING, SUSPENDING, OR
ENDING TRANSPORTATION.—A commuter air carrier that has an
agreement with an air carrier to provide transportation for pas-
sengers and property that includes through service by the commuter
air carrier over the commuter air carrier’s routes and air transpor-
tation provided by the air carrier shall give the air carrier and
the Secretary at least 90 days’ notice before modifying, suspending,
or ending the transportation. If the commuter air carrier does
not give that notice, the uniform method of establishing joint prices
and divisions of joint prices referred to in subsection (b) of this
section does not apply to the commuter air carrier.
§ 41506. Price division filing requirements for foreign air
transportation
Every air carrier and foreign air carrier shall keep currently
on file with the Secretary of Transportation, if the Secretary
requires, the established divisions of all joint prices for foreign
air transportation in which the carrier participates.
§ 41507. Authority of the Secretary of Transportation to
change prices, classifications, rules, and prac-
tices for foreign air transportation
(a) GENERAL.—When the Secretary of Transportation decides
that a price charged or received by an air carrier or foreign air
carrier for foreign air transportation, or a classification, rule, or
practice affecting that price or the value of the transportation
provided under that price, is or will be unreasonably discriminatory,
the Secretary may—
(1) change the price, classification, rule, or practice as
necessary to correct the discrimination; and
(2) order the air carrier or foreign air carrier to stop charg-
ing or collecting the discriminatory price or carrying out the
discriminatory classification, rule, or practice.
(b) WHEN SECRETARY MAY ACT.—The Secretary may act under
this section on the Secretary’s own initiative or on a complaint
filed with the Secretary and only after notice and an opportunity
for a hearing.
H. R. 1758—391
§ 41508. Authority of the Secretary of Transportation to
adjust divisions of joint prices for foreign air
transportation
(a) GENERAL.—When the Secretary of Transportation decides
that a division between air carriers, foreign air carriers, or both,
of a joint price for foreign air transportation is or will be unreason-
able or unreasonably discriminatory against any of those carriers,
the Secretary shall prescribe a reasonable division of the joint
price among those carriers. The Secretary may order the adjustment
in the division of the joint price to be made retroactively to the
date the complaint was filed, the date the order for an investigation
was made, or a later date the Secretary decides is reasonable.
(b) WHEN SECRETARY MAY ACT.—The Secretary may act under
this section on the Secretary’s own initiative or on a complaint
filed with the Secretary and only after notice and an opportunity
for a hearing.
§ 41509. Authority of the Secretary of Transportation to sus-
pend, cancel, and reject tariffs for foreign air
transportation
(a) CANCELLATION AND REJECTION.—(1) On the initiative of
the Secretary of Transportation or on a complaint filed with the
Secretary, the Secretary may conduct a hearing to decide whether
a price for foreign air transportation contained in an existing or
newly filed tariff of an air carrier or foreign air carrier, a classifica-
tion, rule, or practice affecting that price, or the value of the
transportation provided under that price, is lawful. The Secretary
may begin the hearing at once and without an answer or another
formal pleading by the air carrier or foreign air carrier, but only
after reasonable notice. If, after the hearing, the Secretary decides
that the price, classification, rule, or practice is or will be unreason-
able or unreasonably discriminatory, the Secretary may cancel or
reject the tariff and prevent the use of the price, classification,
rule, or practice.
(2) With or without a hearing, the Secretary may cancel or
reject an existing or newly filed tariff of a foreign air carrier
and prevent the use of a price, classification, rule, or practice
when the Secretary decides that the cancellation or rejection is
in the public interest.
(3) In deciding whether to cancel or reject a tariff of an air
carrier or foreign air carrier under this subsection, the Secretary
shall consider—
(A) the effect of the price on the movement of traffic;
(B) the need in the public interest of adequate and efficient
transportation by air carriers and foreign air carriers at the
lowest cost consistent with providing the transportation;
(C) the standards prescribed under law related to the char-
acter and quality of transportation to be provided by air carriers
and foreign air carriers;
(D) the inherent advantages of transportation by aircraft;
(E) the need of the air carrier and foreign air carrier
for revenue sufficient to enable the air carrier and foreign
air carrier, under honest, economical, and efficient manage-
ment, to provide adequate and efficient air carrier and foreign
air carrier transportation;
H. R. 1758—406
(1) at any time before October 23, 1978, the place was
served by a carrier holding a certificate under section 401
of the Federal Aviation Act of 1958;
(2) the place is more than 50 miles from the nearest small
hub airport or an eligible place;
(3) the place is more than 150 miles from the nearest
hub airport; and
(4) the State or local government submitting the proposal
or a person is willing and able to pay 25 percent of the cost
of providing the compensated transportation.
(c) LEVEL OF AIR TRANSPORTATION.—(1) If the Secretary des-
ignates a place under subsection (a)(1) of this section as eligible
for compensation under this section, the Secretary shall decide,
not later than 6 months after the date of the designation, on
the level of air transportation to be provided under this section.
Before making a decision, the Secretary shall consider the views
of any interested community, the appropriate State authority of
the State in which the place is located, and the State or local
government or person agreeing to pay compensation for the
transportation under subsection (b)(4) of this section.
(2) After making the decision under paragraph (1) of this sub-
section, the Secretary shall provide notice that any air carrier
that is willing to provide the level of air transportation established
under paragraph (1) for a place may submit an application to
provide the transportation. In selecting an applicant, the Secretary
shall consider, among other factors—
(A) the factors listed in section 41733(c)(1) of this title;
and
(B) the views of the State or local government or person
agreeing to pay compensation for the transportation.
(d) COMPENSATION PAYMENTS.—(1) The Secretary shall pay
compensation under this section when and in the way the Secretary
decides is appropriate. The Secretary shall continue to pay com-
pensation under this section only as long as—
(A) the air carrier maintains the level of air transportation
established by the Secretary under subsection (c)(1) of this
section;
(B) the State or local government or person agreeing to
pay compensation for transportation under this section contin-
ues to pay that compensation; and
(C) the Secretary decides the compensation is necessary
to maintain the transportation to the place.
(2) The Secretary may require the State or local government
or person agreeing to pay compensation under this section to make
advance payments or provide other security to ensure that timely
payments are made.
(e) REVIEW.—The Secretary shall review periodically the level
of air transportation provided under this section. Based on the
review and consultation with any interested community, the appro-
priate State authority of the State in which the community is
located, and the State or local government or person paying com-
pensation under this section, the Secretary may make appropriate
adjustments in the level of transportation.
(f) WITHDRAWAL OF ELIGIBILITY DESIGNATIONS.—After provid-
ing notice and an opportunity for interested persons to comment,
the Secretary may withdraw the designation of a place under sub-
section (a)(1) of this section as eligible to receive compensation
H. R. 1758—412
and an intermediate country on the route of the air carrier
between the foreign country and the United States.
(b) CHANGES.—The Secretary of Transportation shall act expedi-
tiously on proposed changes in prices for transporting mail by
aircraft in foreign air transportation. When prescribing those prices,
the Secretary shall consider—
(1) the prices paid for transportation of mail under the
Universal Postal Union Convention as ratified by the United
States Government;
(2) the price-making elements used by the Universal Postal
Union in prescribing its airmail prices; and
(3) the competitive disadvantage to United States flag air
carriers resulting from foreign air carriers receiving Universal
Postal Union prices for transporting United States mail and
national origin mail of their own countries.
§ 41908. Prices for transporting mail of foreign countries
(a) PRICE DETERMINATIONS.—The United States Postal Service
shall determine the prices that an air carrier holding a certificate
that authorizes foreign air transportation must charge a govern-
ment of a foreign country or foreign postal administration for
transporting mail of the foreign country. The Postal Service shall
put those prices into effect under the postal convention regulating
postal relations between the United States and the foreign country
or as provided under this section.
(b) CHANGES.—The Postal Service may authorize an air carrier
holding a certificate that authorizes foreign air transportation,
under limitations the Postal Service prescribes, to change the prices
the carrier charges a government of a foreign country or foreign
postal administration for transporting mail of the foreign country
in the foreign country or between the foreign country and another
foreign country.
(c) COLLECTING COMPENSATION.—(1) When an air carrier hold-
ing a certificate that authorizes foreign air transportation transports
mail of a foreign country—
(A) under an arrangement with a government of a foreign
country or foreign postal administration made or approved
under this section, the carrier must collect its compensation
for the transportation from the foreign country under the
arrangement; and
(B) without having an arrangement with a government
of a foreign country or foreign postal administration consistent
with this section, the compensation collected by the United
States Government for the transportation shall be for the
account of the air carrier.
(2) An air carrier holding a certificate that authorizes foreign
air transportation is not entitled to receive compensation from
both a government of a foreign country or foreign postal administra-
tion and the United States Government for transporting the same
mail of the foreign country.
§ 41909. Duty to oppose unreasonable prices under the
Universal Postal Union Convention
The Secretary of State and the United States Postal Service
shall—
(1) take appropriate action to ensure that the prices paid
for transporting mail under the Universal Postal Union Conven-
H. R. 1758—413
tion are not higher than reasonable prices for transporting
mail; and
(2) oppose any existing or proposed Universal Postal Union
price that is higher than a reasonable price for transporting
mail.
§ 41910. Weighing mail
The United States Postal Service may weigh mail transported
by aircraft and make statistical and administrative computations
necessary in the interest of mail service. When the Secretary of
Transportation decides that additional or more frequent weighings
of mail are advisable or necessary to carry out this part, the
Postal Service shall provide the weighings, but it is not required
to provide them for continuous periods of more than 30 days.
§ 41911. Evidence of providing mail service
When and in the form required by the United States Postal
Service, an air carrier transporting or handling—
(1) United States mail shall submit evidence, signed by
an authorized official, that the transportation or handling has
been provided; and
(2) mail of a foreign country shall submit evidence, signed
by an authorized official, of the amount of mail transported
or handled and the compensation payable and received for
that transportation or handling.
§ 41912. Effect on foreign postal arrangements
This part does not—
(1) affect an arrangement made by the United States
Government with the postal administration of a foreign country
related to the transportation of mail by aircraft; or
(2) impair the authority of the United States Postal Service
to make such an arrangement.
CHAPTER 421—LABOR-MANAGEMENT PROVISIONS
SUBCHAPTER I—EMPLOYEE PROTECTION PROGRAM
Sec.
42101.
Definitions.
42102.
Payments to eligible protected employees.
42103.
Duty to hire protected employees.
42104.
Congressional review of regulations.
42105.
Airline Employees Protective Account.
42106.
Ending effective date.
SUBCHAPTER II—MUTUAL AID AGREEMENTS AND LABOR REQUIREMENTS
OF AIR CARRIERS
42111.
Mutual aid agreements.
42112.
Labor requirements of air carriers.
SUBCHAPTER I—EMPLOYEE PROTECTION PROGRAM
§ 42101. Definitions
(a) GENERAL.—In this subchapter—
(1) ‘‘eligible protected employee’’ means a protected
employee who is deprived of employment, or who is adversely
affected related to compensation, because of a qualifying dis-
location.
(2) ‘‘major contraction’’ means a reduction (except as pro-
vided in subsection (b) of this section) of at least 7.5 percent
H. R. 1758—449
(e) ACQUITTAL.—(1) The Administrator may not revoke, and
the Board may not affirm a revocation of, an airman certificate
under subsection (b)(2) of this section on the basis of an activity
described in subsection (b)(2)(A) if the holder of the certificate
is acquitted of all charges related to a controlled substance in
an indictment or information arising from the activity.
(2) If the Administrator has revoked an airman certificate under
this section because of an activity described in subsection (b)(2)(A)
of this section, the Administrator shall reissue a certificate to the
individual if—
(A) the individual otherwise satisfies the requirements for
a certificate under section 44703 of this title; and
(B)(i) the individual subsequently is acquitted of all charges
related to a controlled substance in an indictment or informa-
tion arising from the activity; or
(ii) the conviction on which a revocation under subsection
(b)(1) of this section is based is reversed.
(f) WAIVERS.—The Administrator may waive the requirement
of subsection (b) of this section that an airman certificate of an
individual be revoked if—
(1) a law enforcement official of the United States Govern-
ment or of a State requests a waiver; and
(2) the Administrator decides that the waiver will facilitate
law enforcement efforts.
§ 44711. Prohibitions and exemption
(a) PROHIBITIONS.—A person may not—
(1) operate a civil aircraft in air commerce without an
airworthiness certificate in effect or in violation of a term
of the certificate;
(2) serve in any capacity as an airman with respect to
a civil aircraft, aircraft engine, propeller, or appliance used,
or intended for use, in air commerce—
(A) without an airman certificate authorizing the air-
man to serve in the capacity for which the certificate was
issued; or
(B) in violation of a term of the certificate or a regula-
tion prescribed or order issued under section 44701(a) or
(b) or 44702–44716 of this title;
(3) employ for service related to civil aircraft used in air
commerce an airman who does not have an airman certificate
authorizing the airman to serve in the capacity for which the
airman is employed;
(4) operate as an air carrier without an air carrier operating
certificate or in violation of a term of the certificate;
(5) operate aircraft in air commerce in violation of a regula-
tion prescribed or certificate issued under section 44701(a) or
(b) or 44702–44716 of this title;
(6) operate a seaplane or other aircraft of United States
registry on the high seas in violation of a regulation under
section 3 of the International Navigational Rules Act of 1977
(33 U.S.C. 1602);
(7) violate a term of an air agency or production certificate
or a regulation prescribed or order issued under section
44701(a) or (b) or 44702–44716 of this title related to the
holder of the certificate;