H. R. 1758—172
(D) a plan showing the interest taken; and
(E) a statement of the amount of money Amtrak estimates
is just compensation for the interest.
(2) When the declaration is filed and the deposit is made
under paragraph (1) of this subsection, title to the property vests
in Amtrak in fee simple absolute or in the lesser interest shown
in the declaration, and the right to the money vests in the person
entitled to the money. When the declaration is filed, the court
may decide—
(A) the time by which, and the terms under which, posses-
sion of the property is given to Amtrak; and
(B) the disposition of outstanding charges related to the
property.
(3) After a hearing, the court shall make a finding on the
amount that is just compensation for the interest in the property
and enter judgment awarding that amount and interest on it.
The rate of interest is 6 percent a year and is computed on the
amount of the award less the amount deposited in the court from
the date of taking to the date of payment.
(4) On application of a party, the court may order immediate
payment of any part of the amount deposited in the court for
the compensation to be awarded. If the award is more than the
amount received, the court shall enter judgment against Amtrak
for the deficiency.
(c) 
AUTHORITY
TO
CONDEMN
RAIL
CARRIER
PROPERTY
INTERESTS.—(1) If Amtrak and a rail carrier cannot agree on a
sale to Amtrak of an interest in property of a rail carrier necessary
for intercity rail passenger transportation, Amtrak may apply to
the Interstate Commerce Commission for an order establishing
the need of Amtrak for the interest and requiring the carrier
to convey the interest on reasonable terms, including just compensa-
tion. The need of Amtrak is deemed to be established, and the
Commission, after holding an expedited proceeding and not later
than 120 days after receiving the application, shall order the
interest conveyed unless the Commission decides that—
(A) conveyance would impair significantly the ability of
the carrier to carry out its obligations as a common carrier;
and
(B) the obligations of Amtrak to provide modern, efficient,
and economical rail passenger transportation can be met ade-
quately by acquiring an interest in other property, either by
sale or by exercising its right of eminent domain under sub-
section (a) of this section.
(2) If the amount of compensation is not determined by the
date of the Commission’s order, the order shall require, as part
of the compensation, interest at 6 percent a year from the date
prescribed for the conveyance until the compensation is paid.
(3) Amtrak subsequently may reconvey to a third party an
interest conveyed to Amtrak under this subsection or prior com-
parable provision of law if the Commission decides that the
reconveyance will carry out the purposes of this part, regardless
of when the proceeding was brought (including a proceeding pending
before a United States court on November 28, 1990).
§ 24312. Labor standards
(a) PREVAILING WAGES AND HEALTH AND SAFETY STANDARDS.—
(1) Amtrak shall ensure that laborers and mechanics employed
H. R. 1758—173
by contractors and subcontractors in construction work financed
under an agreement made under section 24308(a), 24701(a), or
24704(b)(2) of this title will be paid wages not less than those
prevailing on similar construction in the locality, as determined
by the Secretary of Labor under the Act of March 3, 1931 (known
as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5). Amtrak may
make such an agreement only after being assured that required
labor standards will be maintained on the construction work. Health
and safety standards prescribed by the Secretary under section
107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 333) apply to all construction work performed under such
an agreement, except for construction work performed by a rail
carrier.
(2) Wage rates in a collective bargaining agreement negotiated
under the Railway Labor Act (45 U.S.C. 151 et seq.) are deemed
to comply with the Act of March 3, 1931 (known as the Davis-
Bacon Act) (40 U.S.C. 276a—276a–5).
(b) CONTRACTING OUT.—(1) Amtrak may not contract out work
normally performed by an employee in a bargaining unit covered
by a contract between a labor organization and Amtrak or a rail
carrier that provided intercity rail passenger transportation on
October 30, 1970, if contracting out results in the layoff of an
employee in the bargaining unit.
(2) This subsection does not apply to food and beverage services
provided on trains of Amtrak.
§ 24313. Rail safety system program
In consultation with rail labor organizations, Amtrak shall
maintain a rail safety system program for employees working on
property owned by Amtrak. The program shall be a model for
other rail carriers to use in developing safety programs. The pro-
gram shall include—
(1) periodic analyses of accident information, including pri-
mary and secondary causes;
(2) periodic evaluations of the activities of the program,
particularly specific steps taken in response to an accident;
(3) periodic reports on amounts spent for occupational
health and safety activities of the program;
(4) periodic reports on reduced costs and personal injuries
because of accident prevention activities of the program;
(5) periodic reports on direct accident costs, including
claims related to accidents; and
(6) reports and evaluations of other information Amtrak
considers appropriate.
§ 24314. Demonstration of new technology
(a) PLAN.—Amtrak shall develop a plan for demonstrating new
technology in rail passenger equipment. The plan shall provide
that new equipment that Amtrak procures that may increase train
speed significantly over existing rail facilities shall be demonstrated,
to the extent practicable, throughout the intercity rail passenger
system.
(b) REPORT.—Not later than September 30, 1993, Amtrak shall
submit to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report summarizing the plan devel-
oped under subsection (a) of this section, including its goals, loca-
H. R. 1758—174
tions for technology demonstration, and a schedule for carrying
out the plan.
(c) COOPERATION.—To make efforts to increase train speed
throughout the intercity rail passenger system easier, Amtrak shall
consult and cooperate, to the extent feasible, on request of eligible
applicants proposing a technology demonstration authorized and
financed under a law of the United States, with those applicants.
§ 24315. Reports and audits
(a) AMTRAK ANNUAL OPERATIONS REPORT.—Not later than Feb-
ruary 15 of each year, Amtrak shall submit to Congress a report
that—
(1) for each route on which Amtrak provided intercity rail
passenger transportation during the prior fiscal year, includes
information on—
(A) ridership;
(B) passenger-miles;
(C) the short-term avoidable profit or loss for each
passenger-mile;
(D) the revenue-to-cost ratio;
(E) revenues;
(F) the United States Government subsidy;
(G) the subsidy not provided by the United States
Government; and
(H) on-time performance;
(2) provides relevant information about a decision to pay
an officer of Amtrak more than the rate for level I of the
Executive Schedule under section 5312 of title 5; and
(3) specifies—
(A) significant operational problems Amtrak identifies;
and
(B) proposals by Amtrak to solve those problems.
(b) AMTRAK GENERAL AND LEGISLATIVE ANNUAL REPORT.—(1)
Not later than February 15 of each year, Amtrak shall submit
to the President and Congress a complete report of its operations,
activities, and accomplishments, including a statement of revenues
and expenditures for the prior fiscal year. The report—
(A) shall include a discussion and accounting of Amtrak’s
success in meeting the goal of section 24902(b) of this title;
and
(B) may include recommendations for legislation, including
the amount of financial assistance needed for operations and
capital improvements, the method of computing the assistance,
and the sources of the assistance.
(2) Amtrak may submit reports to the President and Congress
at other times Amtrak considers desirable.
(c) SECRETARY’S REPORT ON EFFECTIVENESS OF THIS PART.—
The Secretary of Transportation shall prepare a report on the
effectiveness of this part in meeting the requirements for a balanced
transportation system in the United States. The report may include
recommendations for legislation. The Secretary shall include this
report as part of the annual report the Secretary submits under
section 308(a) of this title.
(d) INDEPENDENT AUDITS.—An independent certified public
accountant shall audit the financial statements of Amtrak each
year. The audit shall be carried out at the place at which the
financial statements normally are kept and under generally
H. R. 1758—175
accepted auditing standards. A report of the audit shall be included
in the report required by subsection (a) of this section.
(e) COMPTROLLER GENERAL AUDITS.—The Comptroller General
may conduct performance audits of the activities and transactions
of Amtrak. Each audit shall be conducted at the place at which
the Comptroller General decides and under generally accepted
management principles. The Comptroller General may prescribe
regulations governing the audit.
(f) AVAILABILITY OF RECORDS AND PROPERTY OF AMTRAK AND
RAIL CARRIERS.—Amtrak and, if required by the Comptroller Gen-
eral, a rail carrier with which Amtrak has made a contract for
intercity rail passenger transportation shall make available for
an audit under subsection (d) or (e) of this section all records
and property of, or used by, Amtrak or the carrier that are necessary
for the audit. Amtrak and the carrier shall provide facilities for
verifying transactions with the balances or securities held by deposi-
tories, fiscal agents, and custodians. Amtrak and the carrier may
keep all reports and property.
(g) COMPTROLLER
GENERAL’S
REPORT
TO
CONGRESS.—The
Comptroller General shall submit to Congress a report on each
audit, giving comments and information necessary to inform Con-
gress on the financial operations and condition of Amtrak and
recommendations related to those operations and conditions. The
report also shall specify any financial transaction or undertaking
the Comptroller General considers is carried out without authority
of law. When the Comptroller General submits a report to Congress,
the Comptroller General shall submit a copy of it to the President,
the Secretary, and Amtrak at the same time.
CHAPTER 245—AMTRAK COMMUTER
Sec.
24501.
Status and applicable laws.
24502.
Board of directors.
24503.
Officers.
24504.
General authority.
24505.
Commuter rail passenger transportation.
24506.
Certain duties and powers unaffected.
§ 24501. Status and applicable laws
(a) STATUS.—Amtrak Commuter—
(1) is a wholly-owned subsidiary of Amtrak;
(2) provides by contract commuter rail passenger transpor-
tation for a commuter authority with which Amtrak Commuter
makes a contract to provide the transportation under this chap-
ter;
(3) has no common carrier obligations to provide rail pas-
senger or rail freight transportation; and
(4) is not a department, agency, or instrumentality of the
United States Government.
(b) APPLICATION OF SAFETY AND EMPLOYEE RELATIONS LAWS
AND REGULATIONS.—Chapter 105 of this title does not apply to
Amtrak Commuter. However, laws and regulations governing
safety, employee representation for collective bargaining purposes,
the handling of disputes between carriers and employees, employee
retirement, annuity, and unemployment systems, and other dealings
with employees that apply to a rail carrier providing transportation
subject to subchapter I of chapter 105 apply to Amtrak Commuter.
H. R. 1758—176
(c) APPLICATION OF CERTAIN ADDITIONAL LAWS.—This part and,
to the extent consistent with this part, the District of Columbia
Business Corporation Act (D.C. Code § 29–301 et seq.) apply to
Amtrak Commuter.
(d) NONAPPLICATION OF RATE, ROUTE, AND SERVICE LAWS.—
A State or other law related to rates, routes, or service in connection
with rail passenger transportation does not apply to Amtrak Com-
muter.
(e) PREEMPTION
RELATED
TO
EMPLOYEE
WORK
REQUIRE-
MENTS.—A State may not adopt or continue in force a law, rule,
regulation, order, or standard requiring Amtrak Commuter to
employ a specified number of individuals to perform a particular
task, function, or operation.
(f) EXEMPTION FROM ADDITIONAL TAXES.—(1) In this subsection,
‘‘additional tax’’ means a tax or fee—
(A) on the acquisition, improvement, ownership, or oper-
ation of personal property by Amtrak Commuter; and
(B) on real property, except a tax or fee on the acquisition
of real property or on the value of real property not attributable
to improvements made, or the operation of those improvements,
by Amtrak Commuter.
(2) Amtrak Commuter is not required to pay an additional
tax because of an expenditure to acquire or improve real property,
equipment, a facility, or right-of-way material or structures used
to provide rail passenger transportation.
(g) TAX EXEMPTION FOR CERTAIN COMMUTER AUTHORITIES.—
A commuter authority with which Amtrak Commuter could have
made a contract to provide commuter rail passenger transportation
under this chapter but which decided to provide its own rail pas-
senger transportation beginning on January 1, 1983, is exempt,
effective October 1, 1981, from paying a tax or fee to the same
extent Amtrak is exempt.
(h) NONAPPLICATION OF AGREEMENTS FOR FINANCIAL SUPPORT
AND TRACKAGE RIGHTS.—An agreement under which financial sup-
port was provided on January 2, 1974, to a commuter authority
to continue rail passenger transportation does not apply to Amtrak
Commuter. However, Amtrak and the Consolidated Rail Corpora-
tion retain appropriate trackage rights over rail property owned
or leased by the authority. Compensation for the rights shall be
reasonable.
§ 24502. Board of directors
(a) COMPOSITION.—The board of directors of Amtrak Commuter
is composed of the following directors:
(1) the President of Amtrak Commuter.
(2) one individual from the board of directors of Amtrak
selected as a representative of commuter authorities that make
contracts with Amtrak Commuter for the operation of commuter
rail passenger transportation.
(3) 2 individuals selected by the board of directors of
Amtrak.
(4) 2 individuals selected by commuter authorities for which
Amtrak Commuter provides commuter rail transportation
under this chapter. However, only one individual shall be
selected under this clause if Amtrak Commuter provides the
transportation for only one authority.
H. R. 1758—177
(b) TERMS.—Except as otherwise provided in this section,
individuals shall serve for 2 years.
(c) CHAIRMAN.—The board shall select annually one of its mem-
bers to serve as Chairman.
(d) PAY AND EXPENSES.—Each director not employed by the
United States Government is entitled to $300 a day when perform-
ing board duties and powers. Each director is entitled to reimburse-
ment for necessary travel, reasonable secretarial and professional
staff support, and subsistence expenses incurred in attending board
meetings.
(e) VACANCIES.—A vacancy on the board is filled in the same
way as the original selection.
(f) BYLAWS.—The board may adopt and amend bylaws govern-
ing the operation of Amtrak Commuter. The bylaws shall be consist-
ent with this part and the articles of incorporation.
§ 24503. Officers
(a) APPOINTMENT AND TERMS.—Amtrak Commuter has a Presi-
dent and other officers that are named and appointed by the board
of directors of Amtrak Commuter. An officer of Amtrak Commuter
must be a citizen of the United States. Officers of Amtrak Commuter
serve at the pleasure of the board.
(b) PAY.—The board may fix the pay of the officers of Amtrak
Commuter. An officer may be paid not more than the general
level of pay for officers of rail carriers with comparable responsibil-
ity.
(c) CONFLICTS OF INTEREST.—When employed by Amtrak Com-
muter, an officer may not have a financial or employment relation-
ship with a rail carrier, except that holding securities issued by
a rail carrier is not deemed to be a violation of this subsection
if the officer holding the securities makes a complete public disclo-
sure of the holdings and does not participate in any decision directly
affecting the rail carrier.
§ 24504. General authority
(a) GENERAL.—Amtrak Commuter may—
(1) acquire, operate, maintain, and make contracts for the
operation of equipment and facilities necessary for commuter
rail passenger transportation;
(2) conduct research and development related to the mission
of Amtrak Commuter; and
(3) issue common stock to Amtrak.
(b) OPERATION AND CONTROL.—To the extent consistent with
this part and with an agreement with a commuter authority,
Amtrak Commuter shall operate and control all aspects of the
commuter rail passenger transportation it provides.
(c) AGREEMENT
TO
AVOID
DUPLICATING
EMPLOYEE
FUNC-
TIONS.—To the maximum extent practicable, Amtrak Commuter
and Amtrak shall make an agreement that avoids duplicating
employee functions and voluntarily establishes a consolidated work
force.
§ 24505. Commuter rail passenger transportation
(a) GENERAL AUTHORITY.—Amtrak Commuter—
(1) shall provide commuter rail passenger transportation
that the Consolidated Rail Corporation was obligated to provide
on August 13, 1981, under section 303(b)(2) or 304(e) of the
H. R. 1758—178
Regional Rail Reorganization Act of 1973 (45 U.S.C. 743(b)(2),
744(e)); and
(2) may provide other commuter rail passenger transpor-
tation if the commuter authority for which the transportation
will be provided offers to provide a commuter rail passenger
transportation payment equal to the—
(A) avoidable costs of providing the transportation
(including the avoidable cost of necessary capital improve-
ments) and a reasonable return on the value; less
(B) revenue attributable to the transportation.
(b) OFFER REQUIREMENTS.—(1) A commuter authority making
an offer under subsection (a)(2) of this section shall—
(A) show that it has obtained access to all rail property
necessary to provide the additional commuter rail passenger
transportation; and
(B) make the offer according to regulations the Rail Services
Planning Office prescribes under section 10362(b)(5)(A) and
(6) of this title.
(2) The Office may revise and update the regulations when
necessary to carry out this section.
(c) 
ADDITIONAL
EMPLOYEE
REQUIREMENTS.—Additional
employee requirements shall be met through existing seniority
arrangements agreed to in the implementing agreement negotiated
under section 508 of the Rail Passenger Service Act.
(d) WHEN OBLIGATION DOES NOT APPLY.—Amtrak Commuter
is not obligated to provide commuter rail passenger transportation
if a commuter authority provides the transportation or makes a
contract under which a person, except Amtrak Commuter, will
provide the transportation. When appropriate, Amtrak Commuter
shall give the authority or person access to the rail property needed
to provide the transportation.
(e) DISCONTINUANCE OF COMMUTER RAIL PASSENGER TRANSPOR-
TATION.—(1) Amtrak Commuter may discontinue commuter rail
passenger transportation provided under this section on 60 days’
notice if—
(A) a commuter authority does not offer a commuter rail
passenger transportation payment under subsection (a)(2) of
this section; or
(B) a payment is not paid when due.
(2) The Office shall prescribe regulations on the necessary
contents of the notice required under this subsection.
(f) COMPENSATION FOR RIGHT-OF-WAY RELATED COSTS.—Com-
pensation by a commuter authority to Amtrak or Amtrak Commuter
for right-of-way related costs for transportation over property
Amtrak owns shall be determined under a method the Interstate
Commerce Commission establishes under section 1163 of the Omni-
bus Budget Reconciliation Act of 1981 (45 U.S.C. 1111) or to which
the parties agree.
(g) APPLICATION OF OTHER LAWS.—All laws related to commuter
rail passenger transportation apply to a commuter authority provid-
ing commuter rail passenger transportation under this section.
§ 24506. Certain duties and powers unaffected
This chapter does not affect a duty or power of the Consolidated
Rail Corporation or its successor and any bi-state commuter author-
ity under an agreement, lease, or contract under which property
H. R. 1758—179
was conveyed to the Corporation under the Regional Rail Reorga-
nization Act of 1973 (45 U.S.C. 701 et seq.).
CHAPTER 247—AMTRAK ROUTE SYSTEM
Sec.
24701.
Operation of basic system.
24702.
Improving rail passenger transportation.
24703.
Route and service criteria.
24704.
Transportation requested by States, authorities, and other persons.
24705.
Additional qualifying routes.
24706.
Discontinuance.
24707.
Cost and performance review.
24708.
Special commuter transportation.
24709.
International transportation.
§ 24701. Operation of basic system
(a) BY AMTRAK.—Amtrak shall provide intercity rail passenger
transportation within the basic system unless the transportation
is provided by—
(1) a rail carrier with which Amtrak did not make a con-
tract under section 401(a) of the Rail Passenger Service Act;
or
(2) a regional transportation authority under contract with
Amtrak.
(b) BY OTHERS WITH CONSENT OF AMTRAK.—Except as provided
in section 24306 of this title, a person may provide intercity rail
passenger transportation over a route over which Amtrak provides
scheduled intercity rail passenger transportation under a contract
under section 401(a) of the Act only with the consent of Amtrak.
§ 24702. Improving rail passenger transportation
(a) PLAN TO IMPROVE TRANSPORTATION.—Amtrak shall continue
to carry out its plan, submitted under section 305(f) of the Rail
Passenger Service Act, to improve intercity rail passenger transpor-
tation provided in the basic system. The plan shall include—
(1) a zero-based assessment of all operating practices;
(2) changes to achieve the minimum use of employees
consistent with safe operations and adequate transportation;
(3) a systematic program for achieving the greatest ratio
of train size to passenger demand;
(4) a systematic program to reduce trip time in the basic
system;
(5) establishing training programs to achieve on-time
departures;
(6) establishing priorities for passenger trains over freight
trains;
(7) adjusting the buying and pricing of food and beverages
so that food and beverage services ultimately will be profitable;
(8) cooperative marketing opportunities between Amtrak
and governmental authorities that have intercity rail passenger
transportation; and
(9) cooperative marketing campaigns sponsored by Amtrak
and the Secretary of Energy, the Administrator of the Federal
Highway Administration, and the Administrator of the Environ-
mental Protection Agency.
(b) STATE AND LOCAL SPEED RESTRICTIONS.—Amtrak shall—
(1) identify any speed restriction a State or local govern-
ment imposes on a train of Amtrak that Amtrak decides
H. R. 1758—180
impedes Amtrak from achieving high-speed intercity rail pas-
senger transportation; and
(2) consult with that State or local government—
(A) to evaluate alternatives to the speed restriction,
considering the local safety hazard that is the basis for
the restriction; and
(B) to consider modifying or eliminating the restriction
to allow safe operation at higher speeds.
(c) HIGH-SPEED
RAIL
TRANSPORTATION
DEVELOPMENT.—On
reasonable request by a State, political subdivision of a State,
regional partnership, private sector representative, or other quali-
fied person, Amtrak shall consult and cooperate to the extent fea-
sible with that person to assist the efforts of that person to achieve
high-speed rail transportation through equipment upgrades, grade-
crossing safety improvements, and incremental infrastructure
improvements on existing rail facilities that Amtrak uses (except
the Northeast Corridor facilities). Not later than September 30,
1993, Amtrak shall submit to the Committee on Energy and Com-
merce of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report on its
efforts under this subsection.
(d) ROUTES CONNECTING CORRIDORS.—Amtrak shall begin or
improve appropriate rail passenger transportation on a route
between corridors that Amtrak decides is justified because it will
increase ridership on trains of Amtrak on the route and in the
connecting corridors.
§ 24703. Route and service criteria
(a) ROUTE DISCONTINUANCES AND ADDITIONS.—Except as pro-
vided in this part, route discontinuances and route additions shall
comply with the route and service criteria.
(b) CONGRESSIONAL REVIEW
OF CRITERIA AMENDMENTS.—(1)
Amtrak shall submit to Congress a draft of an amendment to
the route and service criteria when Amtrak decides an amendment
is appropriate. The amendment is effective at the end of the first
period of 120 calendar days of continuous session of Congress after
it is submitted unless there is enacted into law during the period
a joint resolution stating Congress does not approve the amendment.
(2) In this subsection—
(A) a continuous session of Congress is broken only by
an adjournment sine die; and
(B) the 120-day period does not include days on which
either House is not in session because of adjournment of more
than 3 days to a day certain.
(c) NONAPPLICATION.—The route and service criteria do not
apply to—
(1) increasing or, because of construction schedules or other
temporary disruptive facts or seasonal fluctuations in ridership,
decreasing the number of trains on an existing route or a
part of an existing route or on a route on which additional
trains are being tested;
(2) carrying out the recommendations developed under sec-
tion 4 of the Amtrak Improvement Act of 1978;
(3) rerouting transportation between major population cen-
ters on an existing route; or
(4)(A) modifying transportation operations under section
24707(a) of this title; and
H. R. 1758—181
(B) modifying the route system or discontinuing transpor-
tation under section 24707(b) of this title.
§ 24704. Transportation requested by States, authorities, and
other persons
(a) APPLICATIONS TO BEGIN
OR KEEP TRANSPORTATION.—(1)
A State, a regional or local authority, or another person may apply
to Amtrak and request Amtrak to provide rail passenger transpor-
tation or keep any part of a train, route, or service that Amtrak
intends to discontinue under section 24706(a) or (b) or 24707(a)
or (b) of this title. An application shall—
(A) assure Amtrak that the State, authority, or person
has sufficient resources to meet its share of the cost of the
transportation for the time the transportation will be provided;
(B) contain a market analysis acceptable to Amtrak to
ensure that there is adequate demand for the transportation;
and
(C) commit the State, authority, or person to provide at
least 45 percent of the short term avoidable loss of providing
the transportation the first year the transportation is provided
and at least 65 percent of the short term avoidable loss each
of the following years, and, except as provided in section
24104(a) of this title, at least 50 percent of associated capital
costs each year the transportation is provided.
(2) An application submitted by more than one State shall
be considered in the same way as an application submitted by
one State, without it being necessary for each State to comply
with paragraph (1) of this subsection.
(b) ACTIONS ON APPLICATIONS.—(1) Amtrak shall review each
application submitted under subsection (a) of this section to decide
whether—
(A) the application complies with subsection (a); and
(B) there is a reasonable probability that Amtrak can pro-
vide the transportation from available resources.
(2) Amtrak may make an agreement with an applicant under
this section to begin or keep the transportation if Amtrak decides
that the transportation can be provided with resources available
to Amtrak. An agreement may be renewed for additional periods
of not more than 2 years each.
(c) SELECTING AMONG COMPETING APPLICATIONS.—If more than
one application is made for transportation consistent with the
requirements of subsection (a) of this section, but all the transpor-
tation applied for cannot be provided with the available resources
of Amtrak, the board of directors of Amtrak shall select the
transportation that best serves the public interest and can be pro-
vided with the available resources of Amtrak.
(d) FARE INCREASES.—(1) Before increasing a fare applicable
to transportation provided under subsection (b)(2) of this section
by more than 5 percent during a 6-month period, Amtrak shall
consult with officials of each State affected by the increase and
explain why the increase is necessary.
(2) Except as provided in paragraph (3) of this subsection,
a fare increase described in paragraph (1) of this subsection takes
effect 90 days after Amtrak first consults with the affected States.
However, not later than 30 days after the first consultation, a
State may submit proposals to Amtrak for reducing costs and
increasing revenues of the transportation. Amtrak shall consider
H. R. 1758—182
the proposals in deciding how much of the proposed increase shall
go into effect.
(3)(A) Amtrak may increase a fare without regard to the restric-
tions of this subsection during—
(i) the first month of a fiscal year if the authorization
of appropriations and the appropriations for Amtrak are not
enacted at least 90 days before the beginning of the fiscal
year; or
(ii) the 30 days following enactment of an appropriation
for Amtrak or a rescission of an appropriation.
(B) Amtrak shall notify each affected State of an increase
under subparagraph (A) of this paragraph as soon as possible
after Amtrak decides to increase a fare.
(e) DETERMINING LOSS, COSTS, AND REVENUES.—After consult-
ing with officials of each State contributing to providing transpor-
tation under subsection (b)(2) of this section, the board shall estab-
lish the basis for determining short term avoidable loss and associ-
ated capital costs of, and revenues from, the transportation. Amtrak
shall give State officials the basis for determining the loss, cost,
and revenue for each route on which transportation is provided
under subsection (b)(2).
(f) AVAILABILITY OF AMOUNTS.—Amounts provided by Amtrak
under an agreement with an applicant under subsection (b)(2) of
this section that are allocated for associated capital costs remain
available until expended.
(g) ADVERTISING AND PROMOTION.—At least 2 percent but not
more than 5 percent of the revenue generated by transportation
provided under subsection (b)(2) of this section shall be used for
advertising and promotion at the local level.
§ 24705. Additional qualifying routes
(a) ROUTES RECOMMENDED FOR DISCONTINUANCE.—(1) To main-
tain a national intercity rail passenger system in the United States
and if a reduction in operating expenses can be achieved, Amtrak
shall provide rail passenger transportation over each route the
Secretary of Transportation recommended be discontinued under
section 4 of the Amtrak Improvement Act of 1978 and may restruc-
ture a route to serve a major population center as an ending
place or principal intermediate place. Transportation over a long
distance route shall be maintained if the Amtrak estimate for
the fiscal year ending September 30, 1980, was that the short
term avoidable loss for each passenger mile on the route was
not more than 7 cents. Transportation over a short distance route
shall be maintained if the Amtrak estimate for the fiscal year
ending September 30, 1980, was that the short term avoidable
loss for each passenger mile on the route was not more than
9 cents.
(2) For all routes, Amtrak shall calculate short term avoidable
loss for each passenger-mile based on consistently defined factors.
Calculations shall be based on the most recent available statistics
for a 90-day period, except that Amtrak may use historical informa-
tion adjusted to reflect the most recent available statistics.
(b) DEFERRAL OF SECRETARY’S RECOMMENDATIONS.—(1) To pro-
vide equivalent or improved transportation consistent with the goals
of section 4(a) of the Act, Amtrak may defer carrying out a rec-
ommendation of the Secretary under section 4 of the Act that
requires providing transportation over a rail line not used in inter-
H. R. 1758—183
city rail passenger transportation on May 24, 1979, requires using
a new facility, or requires making a new labor agreement, until
any necessary capital improvements are made in the line or facility
or the agreement is made.
(2) Notwithstanding another law and the route and service
criteria, during the period a decision of the Secretary under section
4 of the Act is deferred, Amtrak shall provide substitute transpor-
tation over existing routes recommended for restructuring and over
other existing feasible routes. Except for transportation concentrat-
ing on commuter ridership over a short haul route, transportation
provided under this paragraph may be provided only if the route
complies with subsection (a) of this section, adjusted to reflect
constant 1979 dollars.
(c) SHORT HAUL DEMONSTRATION ROUTES.—Notwithstanding
this part, Amtrak may provide short haul trains on additional
routes totaling not more than 200 miles that link at least 2 major
metropolitan areas—
(1) on a demonstration basis to establish the feasibility
and benefits of the transportation; and
(2) to the extent available resources allow.
(d) ROUTES DISCONTINUED BY RAIL CARRIERS.—Amtrak may
undertake to provide rail passenger transportation between places
served by a rail carrier filing a notice of discontinuance under
section 10908 or 10909 of this title.
§ 24706. Discontinuance
(a) NOTICE OF DISCONTINUANCE.—(1) Except as provided in
subsection (b) of this section, at least 90 days before a discontinu-
ance under section 24704 or 24707(a) or (b) of this title, Amtrak
shall give notice of the discontinuance in the way Amtrak decides
will give a State, a regional or local authority, or another person
the opportunity to agree to share the cost of any part of the
train, route, or service to be discontinued.
(2) Notice of the discontinuance under section 24704 or 24707(a)
or (b) of this title shall be posted in all stations served by the
train to be discontinued at least 14 days before the discontinuance.
(b) DISCONTINUANCE
FOR
LACK
OF
APPROPRIATIONS.—(1)
Amtrak may discontinue service under section 24704 or 24707(a)
or (b) of this title during—
(A) the first month of a fiscal year if the authorization
of appropriations and the appropriations for Amtrak are not
enacted at least 90 days before the beginning of the fiscal
year; and
(B) the 30 days following enactment of an appropriation
for Amtrak or a rescission of an appropriation.
(2) Amtrak shall notify each affected State or regional or local
transportation authority of a discontinuance under this subsection
as soon as possible after Amtrak decides to discontinue the service.
(c) EMPLOYEE PROTECTIVE ARRANGEMENTS.—(1) Amtrak or a
rail carrier (including a terminal company) shall provide fair and
equitable arrangements to protect the interests of employees of
Amtrak or a rail carrier, as the case may be, affected by a dis-
continuance of intercity rail passenger service, including a dis-
continuance of service provided by a rail carrier under a facility
or service agreement under section 24308(a) of this title under
a modification or ending of the agreement or because Amtrak begins
H. R. 1758—184
providing that service. Arrangements shall include provisions that
may be necessary for—
(A) the preservation of rights, privileges, and benefits
(including continuation of pension rights and benefits) under
existing collective bargaining agreements or otherwise;
(B) the continuation of collective bargaining rights;
(C) the protection of individual employees against a worsen-
ing of their positions related to employment;
(D) assurances of priority of reemployment of employees
whose employment is ended or who are laid off; and
(E) paid training and retraining programs.
(2) With respect to Amtrak’s obligations under this subsection
and in an agreement to carry out this subsection involving only
Amtrak and its employees, a discontinuance of intercity rail pas-
senger service does not include an adjustment in frequency, or
seasonal suspension of intercity rail passenger trains that causes
a temporary suspension of service, unless the adjustment or suspen-
sion reduces passenger train operations on a particular route to
fewer than 3 round trips a week at any time during a calendar
year.
(3) Arrangements under this subsection shall provide benefits
at least equal to benefits established under section 11347 of this
title.
(4) A contract under this chapter or section 24308(a) of this
title shall specify the terms of protective arrangements.
(5) This subsection does not impose on Amtrak an obligation
of a rail carrier related to a right, privilege, or benefit earned
by an employee because of previous service performed for the car-
rier.
(6) This subsection does not apply to Amtrak Commuter.
§ 24707. Cost and performance review
(a) ROUTE REVIEWS.—Amtrak shall review annually each route
in the basic system to decide if the route meets the long distance
or short distance route criterion, as appropriate, under section
24705(a)(1) of this title, adjusted to reflect constant 1979 dollars.
The review shall include an evaluation of the potential market
demand for, and the cost of providing transportation on, a part
of the route and an alternative route. Amtrak shall submit the
results of the review to the House of Representatives, the Senate,
and the Secretary of Transportation. If Amtrak decides that a
route will not meet the criterion under section 24705(a)(1), as
adjusted, Amtrak shall modify or discontinue rail passenger
transportation operations on the route so that it will meet the
criterion.
(b) FINANCIAL REQUIREMENTS AND PERFORMANCE STANDARDS.—
Not later than 30 days after the beginning of each fiscal year,
Amtrak shall evaluate the financial requirements for operating
the basic system and the progress in achieving the system-wide
performance standards prescribed under this part during the fiscal
year. If Amtrak decides amounts available for the fiscal year are
not enough to meet estimated operating costs, or if Amtrak esti-
mates it cannot meet the performance standards, Amtrak shall
act to reduce costs and improve performance. Action under this
subsection shall be designed to continue the maximum level of
transportation practicable, including—
(1) changing the frequency of transportation;
H. R. 1758—185
(2) increasing fares;
(3) reducing the cost of sleeper car and dining car service
on certain routes;
(4) increasing the passenger capacity of cars used on certain
routes; and
(5) modifying the route system or discontinuing transpor-
tation over routes, considering short term avoidable loss and
the number of passengers served on those routes.
(c) COST LIMITATIONS AND REVENUE GOALS.—Annual costs of
Amtrak may not be more than amounts, including grants made
under section 24104 of this title, contributions of States, regional
and local authorities, and other persons, and revenues, available
to Amtrak in the fiscal year. Amtrak annually shall set a goal
of recovering an amount so that its revenues, including contribu-
tions, is at least 61 percent of its costs, except capital costs.
(d) CONDUCTOR REPORTS.—To assess the operational perform-
ance of trains, the President of Amtrak may direct the conductor
on any train of Amtrak to report to Amtrak any inadequacy of
train operation. The report shall be signed by the conductor, contain
sufficient information to locate equipment or personnel failures,
and be submitted promptly to Amtrak.
§ 24708. Special commuter transportation
(a) TRANSPORTATION TO BE CONTINUED IF CRITERION MET.—
Amtrak shall continue to provide rail passenger transportation
provided under section 403(d) of the Rail Passenger Service Act
before October 1, 1981, if, after considering estimated fare increases
and State and local contributions to the transportation, the
transportation meets the short distance route criterion under section
24705(a)(1) of this title, as adjusted. Transportation continued under
this section shall be financed consistent with the method of financ-
ing in effect on September 30, 1981. If the transportation is not
estimated to meet the criterion, as adjusted, Amtrak may modify
or discontinue the transportation so that the criterion is met.
(b) TRANSPORTATION WITH SHORT-TERM AVOIDABLE LOSS.—Not-
withstanding subsection (a) of this section, if after September 30,
1993, and before October 1, 1995, transportation provided under
subsection (a) on a route during the prior 6 months has a short-
term avoidable loss (excluding the cost of providing passenger equip-
ment needed to provide the transportation), Amtrak may choose
to consider modifying or discontinuing the transportation. If Amtrak
does make such a choice, Amtrak shall solicit public comment
for at least 30 days on alternatives to the modification or discontinu-
ance. Not later than 60 days after the comment period ends, Amtrak
may modify or discontinue the transportation so that there is no
short-term avoidable loss under this section for providing the
transportation on the route.
§ 24709. International transportation
Amtrak may develop and operate international intercity rail
passenger transportation between the United States and Canada
and between the United States and Mexico. The Secretary of the
Treasury and the Attorney General, in cooperation with Amtrak,
shall maintain, consistent with the effective enforcement of the
immigration and customs laws, en route customs inspection and
immigration procedures for international intercity rail passenger
transportation that will—
H. R. 1758—186
(1) be convenient for passengers; and
(2) result in the quickest possible international intercity
rail passenger transportation.
CHAPTER 249—NORTHEAST CORRIDOR IMPROVEMENT
PROGRAM
Sec.
24901.
Definitions.
24902.
Goals and requirements.
24903.
Program master plan for Boston-New York main line.
24904.
General authority.
24905.
Coordination board and safety committee.
24906.
Eliminating highway at-grade crossings.
24907.
Note and mortgage.
24908.
Transfer taxes and levies and recording charges.
24909.
Authorization of appropriations.
§ 24901. Definitions
In this chapter—
(1) ‘‘final system plan’’ means the final system plan (includ-
ing additions) adopted by the United States Railway Association
under the Regional Rail Reorganization Act of 1973 (45 U.S.C.
701 et seq.).
(2) ‘‘rail carrier’’ means an express carrier and a rail carrier
as defined in section 10102 of this title, including Amtrak.
§ 24902. Goals and requirements
(a) NORTHEAST CORRIDOR IMPROVEMENT PLAN.—To the extent
of amounts appropriated under section 24909 of this title, Amtrak
shall carry out a Northeast Corridor improvement program to
achieve the following goals:
(1) establish not later than September 30, 1985, regularly
scheduled and dependable intercity rail passenger transpor-
tation between—
(A) Boston, Massachusetts, and New York, New York,
in not more than 3 hours and 40 minutes, including inter-
mediate stops; and
(B) New York, New York, and the District of Columbia,
in not more than 2 hours and 40 minutes, including inter-
mediate stops;
(2) improve facilities, under route criteria approved by Con-
gress, on routes to Harrisburg, Pennsylvania, Albany, New
York, and Atlantic City, New Jersey, from the Northeast Cor-
ridor main line, and to Boston, Massachusetts, and New Haven,
Connecticut, from Springfield, Massachusetts, to make those
facilities more compatible with improved high-speed transpor-
tation provided on the Northeast Corridor main line;
(3) improve nonoperational parts of stations, related facili-
ties, and fencing used in intercity rail passenger transportation;
(4) facilitate improvements in, and usage of, commuter
rail passenger, rail rapid transit, and local public transpor-
tation, to the extent compatible with clauses (1)–(3) of this
subsection and subsections (f) and (h) of this section;
(5) maintain and improve rail freight transportation in
or adjacent to the Northeast Corridor and through-freight
transportation in the Northeast Corridor, to the extent compat-
ible with clauses (1)–(4) of this subsection and subsections
(f) and (h) of this section;
H. R. 1758—187
(6) continue and improve passenger radio mobile telephone
service on high-speed rail passenger transportation between
Boston, Massachusetts, and the District of Columbia, to the
extent compatible with clauses (1)–(3) of this subsection and
subsections (f) and (h) of this section; and
(7) eliminate to the maximum extent practicable congestion
in rail freight and rail passenger transportation at the Balti-
more and Potomac Tunnel in Baltimore, Maryland, by rehabili-
tating and improving the tunnel and the rail lines approaching
the tunnel.
(b) MANAGING COSTS AND REVENUES.—Amtrak shall manage
its operating costs, pricing policies, and other factors with the
goal of having revenues derived each fiscal year from providing
intercity rail passenger transportation over the Northeast Corridor
route between the District of Columbia and Boston, Massachusetts,
equal at least the operating costs of providing that transportation
in that fiscal year.
(c) COST SHARING FOR NONOPERATIONAL FACILITIES.—(1) Fifty
percent of the cost of improvements under subsection (a)(3) of
this section shall be paid by a State, local or regional transportation
authority or other responsible party. However, Amtrak may finance
entirely a safety-related improvement.
(2) When a part of the cost of improvements under subsection
(a)(3) of this section will be paid by a responsible party under
paragraph (1) of this subsection, Amtrak may make an agreement
with the party under which Amtrak—
(A) shall carry out the improvements with amounts appro-
priated under section 24909 of this title and the party shall
reimburse Amtrak; and
(B) to the extent provided in an appropriation law, may
incur obligations for contracts to carry out the improvements
in anticipation of reimbursement.
(3) Amounts reimbursed to Amtrak under paragraph (2) of
this subsection shall be credited to the appropriation originally
charged for the cost of the improvements and are available for
further obligation.
(d) PASSENGER RADIO MOBILE TELEPHONE SERVICE.—The Presi-
dent and departments, agencies, and instrumentalities of the United
States Government shall assist Amtrak under subsection (a)(6)
of this section, subject to the Communications Act of 1934 (47
U.S.C. 151 et seq.) and radio services standards, when the Federal
Communications Commission decides the assistance is in the public
interest, convenience, and necessity.
(e) PRIORITIES
IN SELECTING
AND SCHEDULING PROJECTS.—
When selecting and scheduling specific projects, Amtrak shall apply
the following considerations, in the following order of priority:
(1) Safety-related items should be completed before other
items because the safety of the passengers and users of the
Northeast Corridor is paramount.
(2) Activities that benefit the greatest number of passengers
should be completed before activities involving fewer pas-
sengers.
(3) Reliability of intercity rail passenger transportation
must be emphasized.
(4) Trip-time requirements of this section must be achieved
to the extent compatible with the priorities referred to in para-
graphs (1)–(3) of this subsection.
H. R. 1758—188
(5) Improvements that will pay for the investment by
achieving lower operating or maintenance costs should be car-
ried out before other improvements.
(6) Construction operations should be scheduled so that
the fewest possible passengers are inconvenienced, transpor-
tation is maintained, and the on-time performance of Northeast
Corridor commuter rail passenger and rail freight transpor-
tation is optimized.
(7) Planning should focus on completing activities that
will provide immediate benefits to users of the Northeast Cor-
ridor.
(f) COMPATIBILITY WITH FUTURE IMPROVEMENTS AND PRODUC-
TION OF MAXIMUM LABOR BENEFITS.—Improvements under this sec-
tion shall be compatible with future improvements in transportation
and shall produce the maximum labor benefit from hiring individ-
uals presently unemployed.
(g) AUTOMATIC TRAIN CONTROL SYSTEMS.—A train operating
on the Northeast Corridor main line or between the main line
and Atlantic City shall be equipped with an automatic train control
system designed to slow or stop the train in response to an external
signal.
(h) HIGH-SPEED TRANSPORTATION.—If practicable, Amtrak shall
establish intercity rail passenger transportation in the Northeast
Corridor that carries out section 703(1)(E) of the Railroad Revital-
ization and Regulatory Reform Act of 1976 (Public Law 94–210,
90 Stat. 121).
(i) 
EQUIPMENT
DEVELOPMENT.—Amtrak 
shall 
develop
economical and reliable equipment compatible with track, operating,
and marketing characteristics of the Northeast Corridor, including
the capability to meet reliable trip times under section 703(1)(E)
of the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94–210, 90 Stat. 121) in regularly scheduled revenue
transportation in the Corridor, when the Northeast Corridor
improvement program is completed. Amtrak must decide that equip-
ment complies with this subsection before buying equipment with
financial assistance of the Government. Amtrak shall submit a
request for an authorization of appropriations for production of
the equipment.
(j) AGREEMENTS FOR OFF-CORRIDOR ROUTING OF RAIL FREIGHT
TRANSPORTATION.—(1) Amtrak may make an agreement with a
rail freight carrier or a regional transportation authority under
which the carrier will carry out an alternate off-corridor routing
of rail freight transportation over rail lines in the Northeast Cor-
ridor between the District of Columbia and New York metropolitan
areas, including intermediate points. The agreement shall be for
at least 5 years.
(2) Amtrak shall apply to the Interstate Commerce Commission
for approval of the agreement and all related agreements accom-
panying the application as soon as the agreement is made. If
the Commission finds that approval is necessary to carry out this
chapter, the Commission shall approve the application and related
agreements not later than 90 days after receiving the application.
(3) If an agreement is not made under paragraph (1) of this
subsection, Amtrak, with the consent of the other parties, may
apply to the Interstate Commerce Commission. Not later than 90
days after the application, the Commission shall decide on the
terms of an agreement if it decides that doing so is necessary
H. R. 1758—189
to carry out this chapter. The decision of the Commission is binding
on the other parties.
(k) COORDINATION.—(1) The Secretary of Transportation shall
coordinate—
(A) transportation programs related to the Northeast Cor-
ridor to ensure that the programs are integrated and consistent
with the Northeast Corridor improvement program; and
(B) amounts from departments, agencies, and instrumental-
ities of the Government to achieve urban redevelopment and
revitalization in the vicinity of urban rail stations in the North-
east Corridor served by intercity and commuter rail passenger
transportation.
(2) If the Secretary finds significant noncompliance with this
section, the Secretary may deny financing to a noncomplying pro-
gram until the noncompliance is corrected.
(l) COMPLETION.—Amtrak shall give the highest priority to
completing the program.
§ 24903. Program master plan for Boston-New York main line
(a) CONTENTS.—Not later than October 27, 1993, in consultation
with Amtrak and the commuter and freight rail carriers operating
over the Northeast Corridor main line between Boston, Massachu-
setts, and New York, New York, the Secretary of Transportation
shall submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a program master plan for a
coordinated program of improvements to that main line that will
allow the establishment of regularly scheduled, safe, and depend-
able rail passenger transportation between Boston, Massachusetts,
and New York, New York, in not more than 3 hours, including
intermediate stops. The plan shall include—
(1) a description of the implications of the improvements
for the regional transportation system, including the probable
effects on general travel trends and on travel volumes in other
transportation modes and the implications for State and local
governments in achieving compliance with the Clean Air Act
(42 U.S.C. 7401 et seq.);
(2) an identification of the coordinated program of improve-
ments and the specific projects of that program, including the
estimated costs, schedules, timing, and relationship of those
projects with other projects;
(3) an identification of the financial responsibility for the
specific projects of that program and the sources of the amounts
for the projects;
(4) an operating plan for the construction period of the
improvements that shows a coordinated approach to scheduling
intercity and commuter trains;
(5) an operating plan for the coordinated scheduling of
intercity and commuter trains for the period after the program
is completed, including priority scheduling, dispatching, and
occupancy of tracks for appropriately frequent, regularly sched-
uled intercity rail passenger transportation between Boston,
Massachusetts, and New York, New York, in not more than
3 hours, including intermediate stops;
(6) a comprehensive plan to control future congestion in
the Northeast Corridor attributable to increases in intercity
and commuter rail passenger transportation;
H. R. 1758—190
(7) an assessment of long-term operational safety needs
and a list of specific projects designed to maximize operational
safety; and
(8) comments that Amtrak submits to the Secretary on
the plan.
(b) SUBMITTING MODIFICATIONS OF PLAN TO CONGRESS.—The
Secretary shall submit to Congress any modification made to the
program master plan and comments that Amtrak submits on the
modification.
§ 24904. General authority
(a) GENERAL.—To carry out this chapter and the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 701 et seq.), Amtrak may—
(1) acquire, maintain, and dispose of any interest in prop-
erty used to provide improved high-speed rail transportation
under section 24902 of this title;
(2) acquire any interest in real property that Amtrak
considers necessary to carry out the goals of section 24902;
(3) provide for rail freight, intercity rail passenger, and
commuter rail passenger transportation over property acquired
under this section;
(4) improve rail rights of way between Boston, Massachu-
setts, and the District of Columbia (including the route through
Springfield, Massachusetts, and routes to Harrisburg, Penn-
sylvania, and Albany, New York, from the Northeast Corridor
main line) to achieve the goals of section 24902 of providing
improved high-speed rail passenger transportation between
Boston, Massachusetts, and the District of Columbia, and inter-
mediate intercity markets;
(5) acquire, build, improve, and install passenger stations,
communications and electric power facilities and equipment,
public and private highway and pedestrian crossings, and other
facilities and equipment necessary to provide improved high-
speed rail passenger transportation over rights of way improved
under clause (4) of this subsection;
(6) make agreements with other carriers and commuter
authorities to grant, acquire, or make arrangements for rail
freight or commuter rail passenger transportation over, rights
of way and facilities acquired under the Regional Rail Reorga-
nization Act of 1973 (45 U.S.C. 701 et seq.) and the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
801 et seq.);
(7) appoint a general manager of the Northeast Corridor
improvement program; and
(8) make agreements with telecommunications common car-
riers, subject to the Communications Act of 1934 (47 U.S.C.
151 et seq.), to continue existing, and establish new and
improved, passenger radio mobile telephone service in the high-
speed rail passenger transportation area specified in section
24902(a)(1) and (2).
(b) COMPENSATORY AGREEMENTS.—Rail freight and commuter
rail passenger transportation provided under subsection (a)(3) of
this section shall be provided under compensatory agreements with
the responsible carriers.
(c) COMPENSATION FOR TRANSPORTATION OVER CERTAIN RIGHTS
OF WAY AND FACILITIES.—(1) An agreement under subsection (a)(6)
of this section shall provide for reasonable reimbursement of costs
H. R. 1758—191
but may not cross-subsidize intercity rail passenger, commuter rail
passenger, and rail freight transportation.
(2) If the parties do not agree, the Interstate Commerce
Commission shall order that the transportation continue over facili-
ties acquired under the Regional Rail Reorganization Act of 1973
(45 U.S.C. 701 et seq.) and the Railroad Revitalization and Regu-
latory Reform Act of 1976 (45 U.S.C. 801 et seq.) and shall deter-
mine compensation (without allowing cross-subsidization between
intercity rail passenger and rail freight transportation) for the
transportation not later than 120 days after the dispute is submit-
ted. The Commission shall assign to a rail freight carrier obtaining
transportation under this subsection the costs Amtrak incurs only
for the benefit of the carrier, plus a proportionate share of all
other costs of providing transportation under this paragraph
incurred for the common benefit of Amtrak and the carrier. The
proportionate share shall be based on relative measures of volume
of car operations, tonnage, or other factors that reasonably reflect
the relative use of rail property covered by this subsection.
(3) This subsection does not prevent the parties from making
an agreement under subsection (a)(6) of this section after the
Commission makes a decision under this subsection.
§ 24905. Coordination board and safety committee
(a) NORTHEAST
CORRIDOR
COORDINATION
BOARD.—(1) The
Northeast Corridor Coordination Board is composed of the following
members:
(A) one individual from each commuter authority (as
defined in section 1135(a) of the Omnibus Budget Reconciliation
Act of 1981 (45 U.S.C. 1104)) that provides or makes a contract
to provide commuter rail passenger transportation over the
main line of the Northeast Corridor.
(B) 2 individuals selected by Amtrak.
(C) one individual selected by the Consolidated Rail Cor-
poration.
(2) The Board shall recommend to Amtrak—
(A) policies that ensure equitable access to the Northeast
Corridor, considering the need for equitable access by commuter
and intercity rail passenger transportation and the require-
ments of section 24308(c) of this title; and
(B) equitable policies for the Northeast Corridor related
to—
(i) dispatching;
(ii) public information;
(iii) maintaining equipment and facilities;
(iv) major capital facility investments; and
(v) harmonizing equipment acquisitions, rates, and
schedules.
(3) The Board may recommend to the board of directors and
President of Amtrak action necessary to resolve differences on
providing transportation, except for facilities and transportation
matters under section 24308(a) or 24904(a)(5) and (c) of this title.
(b) NORTHEAST CORRIDOR SAFETY COMMITTEE.—(1) The North-
east Corridor Safety Committee is composed of members appointed
by the Secretary of Transportation. The members shall be represent-
atives of—
(A) the Secretary;
(B) Amtrak;
H. R. 1758—192
(C) freight carriers operating more than 150,000 train miles
a year on the main line of the Northeast Corridor;
(D) commuter agencies;
(E) rail passengers;
(F) rail labor; and
(G) other individuals and organizations the Secretary
decides have a significant interest in rail safety.
(2) The Secretary shall consult with the Committee about safety
improvements on the Northeast Corridor main line. The Committee
shall meet at least once every 2 years to consider safety matters
on the main line.
(3) At the beginning of the first session of each Congress,
the Secretary shall submit a report to Congress on the status
of efforts to improve safety on the Northeast Corridor main line.
The report shall include the safety recommendations of the Commit-
tee and the comments of the Secretary on those recommendations.
(4) The Committee shall cease to exist on January 1, 1999,
or on another date the Secretary decides is appropriate. The Sec-
retary shall notify Congress in writing of a decision to terminate
the Committee on another date.
§ 24906. Eliminating highway at-grade crossings
(a) PLAN.—In consultation with the States on the main line
of the Northeast Corridor, the Secretary of Transportation shall
develop a plan not later than September 30, 1993, to eliminate
all highway at-grade crossings of the main line by not later than
December 31, 1997. The plan may provide that eliminating a cross-
ing is not required if—
(1) impracticable or unnecessary; and
(2) using the crossing is consistent with conditions the
Secretary considers appropriate to ensure safety.
(b) AMTRAK’S SHARE OF COSTS.—Amtrak shall pay 20 percent
of the cost of eliminating each highway at-grade crossing under
the plan.
§ 24907. Note and mortgage
(a) GENERAL AUTHORITY.—To secure amounts expended by the
United States Government to acquire and improve rail property
designated under section 206(c)(1)(C) and (D) of the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 716(c)(1)(C) and (D)), the
Secretary of Transportation may obtain a note of indebtedness
from, and make a mortgage agreement with, Amtrak to establish
a mortgage lien on the property for the Government. The note
and mortgage may not supersede section 24904 of this title.
(b) EXEMPTIONS FROM LAWS AND REGULATIONS.—The note and
agreement under subsection (a) of this section, and a transaction
related to the note or agreement, are exempt from any United
States, State, or local law or regulation that regulates securities
or the issuance of securities. The note, agreement, or transaction
under this section has the same immunities from other laws that
section 601 of the Act (45 U.S.C. 791) gives to transactions that
comply with or carry out the final system plan. The transfer of
rail property because of the note, agreement, or transaction has
the same exemptions, privileges, and immunities that the Act (45
U.S.C. 701 et seq.) gives to a transfer ordered or approved by
the special court under section 303(b) of the Act (45 U.S.C. 743(b)).
H. R. 1758—193
(c) IMMUNITY FROM LIABILITY AND INDEMNIFICATION.—Amtrak,
its board of directors, and its individual directors are not liable
because Amtrak has given or issued the note or agreement to
the Government under subsection (a) of this section. Immunity
granted under this subsection also applies to a transaction related
to the note or agreement. The Government shall indemnify Amtrak,
its board, and individual directors against costs and expenses actu-
ally and reasonably incurred in defending a civil action testing
the validity of the note, agreement, or transaction.
§ 24908. Transfer taxes and levies and recording charges
A transfer of an interest in rail property under this chapter
is exempt from a tax or levy related to the transfer that is imposed
by the United States Government, a State, or a political subdivision
of a State. On payment of the appropriate and generally applicable
charge for the service performed, a transferee or transferor may
record an instrument and, consistent with the final system plan,
the release or removal of a pre-existing lien or encumbrance of
record related to the interest transferred.
§ 24909. Authorization of appropriations
(a) GENERAL.—(1) Not more than $2,313,000,000 may be appro-
priated to the Secretary of Transportation to achieve the goals
of section 24902(a)(1) of this title. From this amount, the following
amounts shall be expended by Amtrak:
(A) at least $27,000,000 for equipment modification and
replacement that a State or a local or regional transportation
authority must bear because of the electrification conversion
system of the Northeast Corridor under this chapter.
(B) $30,000,000—
(i) to improve the main line track between the North-
east Corridor main line and Atlantic City, New Jersey,
to ensure that the track, consistent with a plan New Jersey
developed in consultation with Amtrak to provide rail pas-
senger transportation between the Northeast Corridor main
line and Atlantic City, New Jersey, would be of sufficient
quality to allow safe rail passenger transportation at a
minimum of 79 miles an hour not later than September
30, 1985; and
(ii) to promote rail passenger use of the track.
(C) necessary amounts to—
(i) develop Union Station in the District of Columbia;
(ii) install 189 track-miles, and renew 133 track-miles,
of concrete ties with continuously welded rail between the
District of Columbia and New York, New York;
(iii) install reverse signaling between Philadelphia,
Pennsylvania, and Morrisville, Pennsylvania, on numbers
2 and 3 track;
(iv) restore ditch drainage in concrete tie locations
between the District of Columbia and New York, New
York;
(v) undercut 83 track-miles between the District of
Columbia and New York, New York;
(vi) rehabilitate bridges between the District of Colum-
bia and New York, New York (including Hi line);
(vii) develop a maintenance of way equipment repair
facility between the District of Columbia and New York,
H. R. 1758—194
New York, and build maintenance of way bases at Philadel-
phia, Pennsylvania, Sunnyside, New York, and Cedar Hill,
Connecticut;
(viii) stabilize the roadbed between the District of
Columbia and New York, New York;
(ix) automate the Bush River Drawbridge at milepost
72.14;
(x) improve the New York Service Facility to develop
rolling stock repair capability;
(xi) install a rail car washer facility at Philadelphia,
Pennsylvania;
(xii) restore storage tracks and buildings at the
Washington Service Facility;
(xiii) install centralized traffic control from Landlith,
Delaware, to Philadelphia, Pennsylvania;
(xiv) improve track, including high speed surfacing,
ballast cleaning, and associated equipment repair and
material distribution;
(xv) rehabilitate interlockings between the District of
Columbia and New York, New York;
(xvi) paint the Connecticut River, Groton, and Pelham
Bay bridges;
(xvii) provide additional catenary renewal and power
supply upgrading between the District of Columbia and
New York, New York;
(xviii) rehabilitate structural, electrical, and mechani-
cal systems at the 30th Street Station in Philadelphia,
Pennsylvania;
(xix) install evacuation and fire protection facilities
in tunnels in New York, New York;
(xx) improve the communication and signal systems
between Wilmington, Delaware, and Boston, Massachu-
setts, on the Northeast Corridor main line, and between
Philadelphia, Pennsylvania, and Harrisburg, Pennsylvania,
on the Harrisburg Line;
(xxi) improve the electric traction systems between
Wilmington, Delaware, and Newark, New Jersey;
(xxii) install baggage rack restraints, seat back guards,
and seat lock devices on 348 passenger cars operating
in the Northeast Corridor;
(xxiii) install 44 event recorders and 10 electronic
warning devices on locomotives operating within the North-
east Corridor; and
(xxiv) acquire cab signal test boxes and install 9 way-
side loop code transmitters for use within the Northeast
Corridor.
(2) The following additional amounts may be appropriated to
the Secretary for expenditure by Amtrak:
(A) not more than $150,000,000 to achieve the goal of
section 24902(a)(3) of this title.
(B) not more than $120,000,000 to acquire interests in
property in the Northeast Corridor.
(C) not more than $650,000 to develop and use mobile
radio frequencies for passenger radio mobile telephone service
on high-speed rail passenger transportation.
(D) not more than $20,000,000 to acquire and improve
interests in rail property designated under section 206(c)(1)(D)
H. R. 1758—195
of the Regional Rail Reorganization Act of 1973 (45 U.S.C.
716(c)(1)(D)).
(E) not more than $37,000,000 to carry out section
24902(a)(7) and (j) of this title.
(b) EMERGENCY MAINTENANCE.—Not more than $25,000,000
of the amount appropriated under the Act of February 28, 1975
(Public Law 94–6, 89 Stat. 11), may be used by Amtrak for emer-
gency maintenance on rail property designated under section
206(c)(1)(C) of the Regional Rail Reorganization Act of 1973 (45
U.S.C. 716(c)(1)(C)).
(c) PRIORITY
IN USING CERTAIN AMOUNTS.—Amounts appro-
priated under subsection (a)(2)(B) and (D) of this section shall
be used first to repay, with interest, obligations guaranteed under
section 602 of the Rail Passenger Service Act, if the proceeds
of those obligations were used to pay the expenses of acquiring
interests in property referred to in subsection (a)(2)(B) and (D).
(d) PROHIBITION
ON SUBSIDIZING COMMUTER
AND FREIGHT
OPERATING LOSSES.—Amounts appropriated under this section may
not be used to subsidize operating losses of commuter rail or rail
freight transportation.
(e) SUBSTITUTING AND DEFERRING CERTAIN IMPROVEMENTS.—
(1) A project for which amounts are authorized under subsection
(a)(1)(C) of this section is a part of the Northeast Corridor improve-
ment program and is not a substitute for improvements specified
in the document ‘‘Corridor Master Plan II, NECIP Restructured
Program’’ of January, 1982. However, Amtrak may defer the project
to carry out the improvement and rehabilitation for which amounts
are authorized under subsection (a)(1)(B) of this section. The total
cost of the project that Amtrak defers may not be substantially
more than the amount Amtrak is required to expend or reserve
under subsection (a)(1)(B).
(2) Section 24902 of this title is deemed not to be fulfilled
until the projects under subsection (a)(1)(C) of this section are
completed.
(f) AVAILABILITY OF AMOUNTS.—Amounts appropriated under
subsection (a)(1) and (2)(A) and (C)–(E) of this section remain
available until expended.
(g) AUTHORIZATIONS INCREASED BY PRIOR YEAR DEFICIENCIES.—
An amount greater than that authorized for a fiscal year may
be appropriated to the extent that the amount appropriated for
any prior fiscal year is less than the amount authorized for that
year.
PART D—MISCELLANEOUS
CHAPTER 261—LAW ENFORCEMENT
Sec.
26101.
Rail police officers.
26102.
Limit on certain accident or incident liability.
§ 26101. Rail police officers
Under regulations prescribed by the Secretary of Transpor-
tation, a rail police officer who is employed by a rail carrier and
certified or commissioned as a police officer under the laws of
a State may enforce the laws of any jurisdiction in which the
rail carrier owns property, to the extent of the authority of a
H. R. 1758—196
police officer certified or commissioned under the laws of that
jurisdiction, to protect—
(1) employees, passengers, or patrons of the rail carrier;
(2) property, equipment, and facilities owned, leased, oper-
ated, or maintained by the rail carrier;
(3) property moving in interstate or foreign commerce in
the possession of the rail carrier; and
(4) personnel, equipment, and material moving by rail that
are vital to the national defense.
§ 26102. Limit on certain accident or incident liability
(a) GENERAL.—When a publicly financed commuter transpor-
tation authority established under Virginia law makes a contract
to indemnify Amtrak for liability for operations conducted by or
for the authority or to indemnify a rail carrier over whose tracks
those operations are conducted, liability against Amtrak, the author-
ity, or the carrier for all claims (including punitive damages) arising
from an accident or incident in the District of Columbia related
to those operations may not be more than the limits of the liability
coverage the authority maintains to indemnify Amtrak or the car-
rier.
(b) MINIMUM
REQUIRED
LIABILITY
COVERAGE.—A publicly
financed commuter transportation authority referred to in sub-
section (a) of this section must maintain a total minimum liability
coverage of at least $200,000,000.
(c) EFFECTIVENESS.—This section is effective only after Amtrak
or a rail carrier seeking an indemnification contract under this
section makes an operating agreement with a publicly financed
commuter transportation authority established under Virginia law
to provide access to its property for revenue transportation related
to the operations of the authority.
SUBTITLE VI—MOTOR VEHICLE AND DRIVER
PROGRAMS
PART A—GENERAL
CHAPTER
Sec.
301.
MOTOR VEHICLE SAFETY ..................................................................... 30101
303.
NATIONAL DRIVER REGISTER ............................................................. 30301
305.
NATIONAL AUTOMOBILE TITLE INFORMATION SYSTEM ............ 30501
PART B—COMMERCIAL
311.
COMMERCIAL MOTOR VEHICLE SAFETY ......................................... 31101
313.
COMMERCIAL MOTOR VEHICLE OPERATORS ................................. 31301
315.
MOTOR CARRIER SAFETY ..................................................................... 31501
317.
PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN
AND INTERNATIONAL FUEL TAX AGREEMENT.
31701
PART C—INFORMATION, STANDARDS, AND REQUIREMENTS
321.
GENERAL ................................................................................................... 32101
323.
CONSUMER INFORMATION .................................................................. 32301
325.
BUMPER STANDARDS ............................................................................ 32501
327.
ODOMETERS ............................................................................................. 32701
329.
AUTOMOBILE FUEL ECONOMY ........................................................... 32901
331.
THEFT PREVENTION .............................................................................. 33101
H. R. 1758—197
PART A—GENERAL
CHAPTER 301—MOTOR VEHICLE SAFETY
SUBCHAPTER I—GENERAL
Sec.
30101.
Purpose and policy.
30102.
Definitions.
30103.
Relationship to other laws.
30104.
Authorization of appropriations.
SUBCHAPTER II—STANDARDS AND COMPLIANCE
30111.
Standards.
30112.
Prohibitions on manufacturing, selling, and importing noncomplying motor
vehicles and equipment.
30113.
General exemptions.
30114.
Special exemptions.
30115.
Certification of compliance.
30116.
Defects and noncompliance found before sale to purchaser.
30117.
Providing information to, and maintaining records on, purchasers.
30118.
Notification of defects and noncompliance.
30119.
Notification procedures.
30120.
Remedies for defects and noncompliance.
30121.
Provisional notification and civil actions to enforce.
30122.
Making safety devices and elements inoperative.
30123.
Tires.
30124.
Buzzers indicating nonuse of safety belts.
30125.
Schoolbuses and schoolbus equipment.
30126.
Used motor vehicles.
30127.
Automatic occupant crash protection and seat belt use.
SUBCHAPTER III—IMPORTING NONCOMPLYING MOTOR VEHICLES AND
EQUIPMENT
30141.
Importing motor vehicles capable of complying with standards.
30142.
Importing motor vehicles for personal use.
30143.
Motor vehicles imported by individuals employed outside the United States.
30144.
Importing motor vehicles on a temporary basis.
30145.
Importing motor vehicles or equipment requiring further manufacturing.
30146.
Release of motor vehicles and bonds.
30147.
Responsibility for defects and noncompliance.
SUBCHAPTER IV—ENFORCEMENT AND ADMINISTRATIVE
30161.
Judicial review of standards.
30162.
Petitions by interested persons for standards and enforcement.
30163.
Actions by the Attorney General.
30164.
Service of process.
30165.
Civil penalty.
30166.
Inspections, investigations, and records.
30167.
Disclosure of information by the Secretary of Transportation.
30168.
Research, testing, development, and training.
30169.
Annual reports.
SUBCHAPTER I—GENERAL
§ 30101. Purpose and policy
The purpose of this chapter is to reduce traffic accidents and
deaths and injuries resulting from traffic accidents. Therefore it
is necessary—
(1) to prescribe motor vehicle safety standards for motor
vehicles and motor vehicle equipment in interstate commerce;
and
(2) to carry out needed safety research and development.
§ 30102. Definitions
(a) GENERAL DEFINITIONS.—In this chapter—
H. R. 1758—198
(1) ‘‘dealer’’ means a person selling and distributing new
motor vehicles or motor vehicle equipment primarily to pur-
chasers that in good faith purchase the vehicles or equipment
other than for resale.
(2) ‘‘defect’’ includes any defect in performance, construc-
tion, a component, or material of a motor vehicle or motor
vehicle equipment.
(3) ‘‘distributor’’ means a person primarily selling and
distributing motor vehicles or motor vehicle equipment for
resale.
(4) ‘‘interstate commerce’’ means commerce between a place
in a State and a place in another State or between places
in the same State through another State.
(5) ‘‘manufacturer’’ means a person—
(A) manufacturing or assembling motor vehicles or
motor vehicle equipment; or
(B) importing motor vehicles or motor vehicle equip-
ment for resale.
(6) ‘‘motor vehicle’’ means a vehicle driven or drawn by
mechanical power and manufactured primarily for use on public
streets, roads, and highways, but does not include a vehicle
operated only on a rail line.
(7) ‘‘motor vehicle equipment’’ means—
(A) any system, part, or component of a motor vehicle
as originally manufactured;
(B) any similar part or component manufactured or
sold for replacement or improvement of a system, part,
or component, or as an accessory or addition to a motor
vehicle; or
(C) any device or an article or apparel (except medicine
or eyeglasses prescribed by a licensed practitioner) that
is not a system, part, or component of a motor vehicle
and is manufactured, sold, delivered, offered, or intended
to be used only to safeguard motor vehicles and highway
users against risk of accident, injury, or death.
(8) ‘‘motor vehicle safety’’ means the performance of a motor
vehicle or motor vehicle equipment in a way that protects
the public against unreasonable risk of accidents occurring
because of the design, construction, or performance of a motor
vehicle, and against unreasonable risk of death or injury in
an accident, and includes nonoperational safety of a motor
vehicle.
(9) ‘‘motor vehicle safety standard’’ means a minimum
standard for motor vehicle or motor vehicle equipment perform-
ance.
(10) ‘‘State’’ means a State of the United States, the District
of Columbia, Puerto Rico, the Northern Mariana Islands, Guam,
American Samoa, and the Virgin Islands.
(11) ‘‘United States district court’’ means a district court
of the United States, a United States court for Guam, the
Virgin Islands, and American Samoa, and the district court
for the Northern Mariana Islands.
(b) LIMITED DEFINITIONS.—(1) In sections 30117(b), 30118–
30121, and 30166(f) of this title—
(A) ‘‘adequate repair’’ does not include repair resulting
in substantially impaired operation of a motor vehicle or motor
vehicle equipment;
H. R. 1758—199
(B) ‘‘first purchaser’’ means the first purchaser of a motor
vehicle or motor vehicle equipment other than for resale;
(C) ‘‘original equipment’’ means motor vehicle equipment
(including a tire) installed in or on a motor vehicle at the
time of delivery to the first purchaser;
(D) ‘‘replacement equipment’’ means motor vehicle equip-
ment (including a tire) that is not original equipment;
(E) a brand name owner of a tire marketed under a brand
name not owned by the manufacturer of the tire is deemed
to be the manufacturer of the tire;
(F) a defect in original equipment, or noncompliance of
original equipment with a motor vehicle safety standard pre-
scribed under this chapter, is deemed to be a defect or non-
compliance of the motor vehicle in or on which the equipment
was installed at the time of delivery to the first purchaser;
(G) a manufacturer of a motor vehicle in or on which
original equipment was installed when delivered to the first
purchaser is deemed to be the manufacturer of the equipment;
and
(H) a retreader of a tire is deemed to be the manufacturer
of the tire.
(2) The Secretary of Transportation may prescribe regulations
changing paragraph (1)(C), (D), (F), or (G) of this subsection.
§ 30103. Relationship to other laws
(a) UNIFORMITY OF REGULATIONS.—The Secretary of Transpor-
tation may not prescribe a safety regulation related to a motor
vehicle subject to subchapter II of chapter 105 of this title that
differs from a motor vehicle safety standard prescribed under this
chapter. However, the Secretary may prescribe, for a motor vehicle
operated by a carrier subject to subchapter II of chapter 105,
a safety regulation that imposes a higher standard of performance
after manufacture than that required by an applicable standard
in effect at the time of manufacture.
(b) PREEMPTION.—(1) When a motor vehicle safety standard
is in effect under this chapter, a State or a political subdivision
of a State may prescribe or continue in effect a standard applicable
to the same aspect of performance of a motor vehicle or motor
vehicle equipment only if the standard is identical to the standard
prescribed under this chapter. However, the United States Govern-
ment, a State, or a political subdivision of a State may prescribe
a standard for a motor vehicle or motor vehicle equipment obtained
for its own use that imposes a higher performance requirement
than that required by the otherwise applicable standard under
this chapter.
(2) A State may enforce a standard that is identical to a
standard prescribed under this chapter.
(c) ANTITRUST LAWS.—This chapter does not—
(1) exempt from the antitrust laws conduct that is unlawful
under those laws; or
(2) prohibit under the antitrust laws conduct that is lawful
under those laws.
(d) WARRANTY OBLIGATIONS AND ADDITIONAL LEGAL RIGHTS
AND REMEDIES.—Sections 30117(b), 30118–30121, 30166(f), and
30167(a) and (b) of this title do not establish or affect a warranty
obligation under a law of the United States or a State. A remedy
under those sections and sections 30161 and 30162 of this title
H. R. 1758—200
is in addition to other rights and remedies under other laws of
the United States or a State.
(e) COMMON LAW LIABILITY.—Compliance with a motor vehicle
safety standard prescribed under this chapter does not exempt
a person from liability at common law.
§ 30104. Authorization of appropriations
The following amounts may be appropriated to the Secretary
of Transportation for the National Highway Traffic Safety Adminis-
tration to carry out this chapter:
(1) $71,333,436 for the fiscal year ending September 30,
1993.
(2) $74,044,106 for the fiscal year ending September 30,
1994.
(3) $76,857,782 for the fiscal year ending September 30,
1995.
SUBCHAPTER II—STANDARDS AND COMPLIANCE
§ 30111. Standards
(a) GENERAL REQUIREMENTS.—The Secretary of Transportation
shall prescribe motor vehicle safety standards. Each standard shall
be practicable, meet the need for motor vehicle safety, and be
stated in objective terms.
(b) CONSIDERATIONS AND CONSULTATION.—When prescribing a
motor vehicle safety standard under this chapter, the Secretary
shall—
(1) consider relevant available motor vehicle safety informa-
tion;
(2) consult with the agency established under the Act of
August 20, 1958 (Public Law 85–684, 72 Stat. 635), and other
appropriate State or interstate authorities (including legislative
committees);
(3) consider whether a proposed standard is reasonable,
practicable, and appropriate for the particular type of motor
vehicle or motor vehicle equipment for which it is prescribed;
and
(4) consider the extent to which the standard will carry
out section 30101 of this title.
(c) COOPERATION.—The Secretary may advise, assist, and
cooperate with departments, agencies, and instrumentalities of the
United States Government, States, and other public and private
agencies in developing motor vehicle safety standards.
(d) EFFECTIVE DATES
OF STANDARDS.—The Secretary shall
specify the effective date of a motor vehicle safety standard pre-
scribed under this chapter in the order prescribing the standard.
A standard may not become effective before the 180th day after
the standard is prescribed or later than one year after it is pre-
scribed. However, the Secretary may prescribe a different effective
date after finding, for good cause shown, that a different effective
date is in the public interest and publishing the reasons for the
finding.
(e) 5-YEAR PLAN FOR TESTING STANDARDS.—The Secretary shall
establish and periodically review and update on a continuing basis
a 5-year plan for testing motor vehicle safety standards prescribed
under this chapter that the Secretary considers capable of being
tested. In developing the plan and establishing testing priorities,
H. R. 1758—201
the Secretary shall consider factors the Secretary considers appro-
priate, consistent with section 30101 of this title and the Secretary’s
other duties and powers under this chapter. The Secretary may
change at any time those priorities to address matters the Secretary
considers of greater priority. The initial plan may be the 5-year
plan for compliance testing in effect on December 18, 1991.
§ 30112. Prohibitions on manufacturing, selling, and import-
ing noncomplying motor vehicles and equipment
(a) GENERAL.—Except as provided in this section, sections
30113 and 30114 of this title, and subchapter III of this chapter,
a person may not manufacture for sale, sell, offer for sale, introduce
or deliver for introduction in interstate commerce, or import into
the United States, any motor vehicle or motor vehicle equipment
manufactured on or after the date an applicable motor vehicle
safety standard prescribed under this chapter takes effect unless
the vehicle or equipment complies with the standard and is covered
by a certification issued under section 30115 of this title.
(b) NONAPPLICATION.—This section does not apply to—
(1) the sale, offer for sale, or introduction or delivery for
introduction in interstate commerce of a motor vehicle or motor
vehicle equipment after the first purchase of the vehicle or
equipment in good faith other than for resale;
(2) a person—
(A) establishing that the person had no reason to know,
despite exercising reasonable care, that a motor vehicle
or motor vehicle equipment does not comply with applicable
motor vehicle safety standards prescribed under this chap-
ter; or
(B) holding, without knowing about the noncompliance
and before the vehicle or equipment is first purchased
in good faith other than for resale, a certificate issued
by a manufacturer or importer stating the vehicle or equip-
ment complies with applicable standards prescribed under
this chapter;
(3) a motor vehicle or motor vehicle equipment intended
only for export, labeled for export on the vehicle or equipment
and on the outside of any container of the vehicle or equipment,
and exported;
(4) a motor vehicle the Secretary of Transportation decides
under section 30141 of this title is capable of complying with
applicable standards prescribed under this chapter;
(5) a motor vehicle imported for personal use by an individ-
ual who receives an exemption under section 30142 of this
title;
(6) a motor vehicle under section 30143 of this title
imported by an individual employed outside the United States;
(7) a motor vehicle under section 30144 of this title
imported on a temporary basis;
(8) a motor vehicle or item of motor vehicle equipment
under section 30145 of this title requiring further manufactur-
ing; or
(9) a motor vehicle that is at least 25 years old.
§ 30113. General exemptions
(a) DEFINITION.—In this section, ‘‘low-emission motor vehicle’’
means a motor vehicle meeting the standards for new motor vehicles
H. R. 1758—202
applicable to the vehicle under section 202 of the Clean Air Act
(42 U.S.C. 7521) when the vehicle is manufactured and emitting
an air pollutant in an amount significantly below one of those
standards.
(b) AUTHORITY TO EXEMPT
AND PROCEDURES.—(1) The Sec-
retary of Transportation may exempt, on a temporary basis, motor
vehicles from a motor vehicle safety standard prescribed under
this chapter on terms the Secretary considers appropriate. An
exemption may be renewed. A renewal may be granted only on
reapplication and must conform to the requirements of this sub-
section.
(2) The Secretary may begin a proceeding under this subsection
when a manufacturer applies for an exemption or a renewal of
an exemption. The Secretary shall publish notice of the application
and provide an opportunity to comment. An application for an
exemption or for a renewal of an exemption shall be filed at a
time and in the way, and contain information, this section and
the Secretary require.
(3) The Secretary may act under this subsection on finding
that—
(A) an exemption is consistent with the public interest
and this chapter; and
(B)(i) compliance with the standard would cause substantial
economic hardship to a manufacturer that has tried to comply
with the standard in good faith;
(ii) the exemption would make easier the development or
field evaluation of a new motor vehicle safety feature providing
a safety level at least equal to the safety level of the standard;
(iii) the exemption would make the development or field
evaluation of a low-emission motor vehicle easier and would
not unreasonably lower the safety level of that vehicle; or
(iv) compliance with the standard would prevent the manu-
facturer from selling a motor vehicle with an overall safety
level at least equal to the overall safety level of nonexempt
vehicles.
(c) CONTENTS OF APPLICATIONS.—A manufacturer applying for
an exemption under subsection (b) of this section shall include
the following information in the application:
(1) if the application is made under subsection (b)(3)(B)(i)
of this section, a complete financial statement describing the
economic hardship and a complete description of the manufac-
turer’s good faith effort to comply with each motor vehicle
safety standard prescribed under this chapter from which the
manufacturer is requesting an exemption.
(2) if the application is made under subsection (b)(3)(B)(ii)
of this section, a record of the research, development, and
testing establishing the innovative nature of the safety feature
and a detailed analysis establishing that the safety level of
the feature at least equals the safety level of the standard.
(3) if the application is made under subsection (b)(3)(B)(iii)
of this section, a record of the research, development, and
testing establishing that the motor vehicle is a low-emission
motor vehicle and that the safety level of the vehicle is not
lowered unreasonably by exemption from the standard.
(4) if the application is made under subsection (b)(3)(B)(iv)
of this section, a detailed analysis showing how the vehicle
H. R. 1758—203
provides an overall safety level at least equal to the overall
safety level of nonexempt vehicles.
(d) ELIGIBILITY.—A manufacturer is eligible for an exemption
under subsection (b)(3)(B)(i) of this section only if the Secretary
determines that the manufacturer’s total motor vehicle production
in the most recent year of production is not more than 10,000.
A manufacturer is eligible for an exemption under subsection
(b)(3)(B)(ii), (iii), or (iv) of this section only if the Secretary deter-
mines the exemption is for not more than 2,500 vehicles to be
sold in the United States in any 12-month period.
(e) MAXIMUM PERIOD.—An exemption or renewal under sub-
section (b)(3)(B)(i) of this section may be granted for not more
than 3 years. An exemption or renewal under subsection (b)(3)(B)(ii),
(iii), or (iv) of this section may be granted for not more than
2 years.
(f) DISCLOSURE.—The Secretary may make public, by the 10th
day after an application is filed, information contained in the
application or relevant to the application unless the information
concerns or is related to a trade secret or other confidential informa-
tion not relevant to the application.
(g) NOTICE OF DECISION.—The Secretary shall publish in the
Federal Register a notice of each decision granting an exemption
under this section and the reasons for granting it.
(h) PERMANENT LABEL REQUIREMENT.—The Secretary shall
require a permanent label to be fixed to a motor vehicle granted
an exemption under this section. The label shall either name or
describe each motor vehicle safety standard prescribed under this
chapter from which the vehicle is exempt. The Secretary may
require that written notice of an exemption be delivered by appro-
priate means to the dealer and the first purchaser of the vehicle
other than for resale.
§ 30114. Special exemptions
The Secretary of Transportation may exempt a motor vehicle
or item of motor vehicle equipment from section 30112(a) of this
title on terms the Secretary decides are necessary for research,
investigations, demonstrations, training, or competitive racing
events.
§ 30115. Certification of compliance
A manufacturer or distributor of a motor vehicle or motor
vehicle equipment shall certify to the distributor or dealer at deliv-
ery that the vehicle or equipment complies with applicable motor
vehicle safety standards prescribed under this chapter. A person
may not issue the certificate if, in exercising reasonable care, the
person has reason to know the certificate is false or misleading
in a material respect. Certification of a vehicle must be shown
by a label or tag permanently fixed to the vehicle. Certification
of equipment may be shown by a label or tag on the equipment
or on the outside of the container in which the equipment is deliv-
ered.
§ 30116. Defects and noncompliance found before sale to pur-
chaser
(a) ACTIONS REQUIRED
OF MANUFACTURERS
AND DISTRIBU-
TORS.—If, after a manufacturer or distributor sells a motor vehicle
or motor vehicle equipment to a distributor or dealer and before
H. R. 1758—204
the distributor or dealer sells the vehicle or equipment, it is decided
that the vehicle or equipment contains a defect related to motor
vehicle safety or does not comply with applicable motor vehicle
safety standards prescribed under this chapter—
(1) the manufacturer or distributor immediately shall
repurchase the vehicle or equipment at the price paid by the
distributor or dealer, plus transportation charges and reason-
able reimbursement of at least one percent a month of the
price paid prorated from the date of notice of noncompliance
or defect to the date of repurchase; or
(2) if a vehicle, the manufacturer or distributor immediately
shall give to the distributor or dealer at the manufacturer’s
or distributor’s own expense, the part or equipment needed
to make the vehicle comply with the standards or correct the
defect.
(b) DISTRIBUTOR
OR DEALER INSTALLATION.—The distributor
or dealer shall install the part or equipment referred to in sub-
section (a)(2) of this section. If the distributor or dealer installs
the part or equipment with reasonable diligence after it is received,
the manufacturer shall reimburse the distributor or dealer for the
reasonable value of the installation and a reasonable reimbursement
of at least one percent a month of the manufacturer’s or distributor’s
selling price prorated from the date of notice of noncompliance
or defect to the date the motor vehicle complies with applicable
motor vehicle safety standards prescribed under this chapter or
the defect is corrected.
(c) ESTABLISHING AMOUNT DUE AND CIVIL ACTIONS.—The par-
ties shall establish the value of installation and the amount of
reimbursement under this section. If the parties do not agree,
or if a manufacturer or distributor refuses to comply with subsection
(a) or (b) of this section, the distributor or dealer purchasing the
motor vehicle or motor vehicle equipment may bring a civil action.
The action may be brought in a United States district court for
the judicial district in which the manufacturer or distributor resides,
is found, or has an agent, to recover damages, court costs, and
a reasonable attorney’s fee. An action under this section must
be brought not later than 3 years after the claim accrues.
§ 30117. Providing information to, and maintaining records
on, purchasers
(a) PROVIDING INFORMATION AND NOTICE.—The Secretary of
Transportation may require that each manufacturer of a motor
vehicle or motor vehicle equipment provide technical information
related to performance and safety required to carry out this chapter.
The Secretary may require the manufacturer to give the following
notice of that information when the Secretary decides it is nec-
essary:
(1) to each prospective purchaser of a vehicle or equipment
before the first sale other than for resale at each location
at which the vehicle or equipment is offered for sale by a
person having a legal relationship with the manufacturer, in
a way the Secretary decides is appropriate.
(2) to the first purchaser of a vehicle or equipment other
than for resale when the vehicle or equipment is bought, in
printed matter placed in the vehicle or attached to or accom-
panying the equipment.
H. R. 1758—205
(b) MAINTAINING PURCHASER RECORDS AND PROCEDURES.—(1)
A manufacturer of a motor vehicle or tire (except a retreaded
tire) shall cause to be maintained a record of the name and address
of the first purchaser of each vehicle or tire it produces and, to
the extent prescribed by regulations of the Secretary, shall cause
to be maintained a record of the name and address of the first
purchaser of replacement equipment (except a tire) that the manu-
facturer produces. The Secretary may prescribe by regulation the
records to be maintained and reasonable procedures for maintaining
the records under this subsection, including procedures to be fol-
lowed by distributors and dealers to assist the manufacturer in
obtaining the information required by this subsection. A procedure
shall be reasonable for the type of vehicle or tire involved, and
shall provide reasonable assurance that a customer list of a distribu-
tor or dealer, or similar information, will be made available to
a person (except the distributor or dealer) only when necessary
to carry out this subsection and sections 30118–30121, 30166(f),
and 30167(a) and (b) of this title. Availability of assistance from
a distributor or dealer does not affect an obligation of a manufac-
turer under this subsection.
(2)(A) Except as provided in paragraph (3) of this subsection,
the Secretary may require a distributor or dealer to maintain a
record under paragraph (1) of this subsection only if the business
of the distributor or dealer is owned or controlled by a manufacturer
of tires.
(B) The Secretary shall require each distributor and dealer
whose business is not owned or controlled by a manufacturer of
tires to give a registration form (containing the tire identification
number) to the first purchaser of a tire. The Secretary shall pre-
scribe the form, which shall be standardized for all tires and
designed to allow the purchaser to complete and return it directly
to the manufacturer of the tire. The manufacturer shall give suffi-
cient copies of forms to distributors and dealers.
(3)(A) The Secretary shall evaluate from time to time how
successful the procedures under paragraph (2) of this subsection
have been in helping to maintain records about first purchasers
of tires. After each evaluation, the Secretary shall decide—
(i) the extent to which distributors and dealers have com-
plied with the procedures;
(ii) the extent to which distributors and dealers have
encouraged first purchasers of tires to register the tires; and
(iii) whether to prescribe for manufacturers, distributors,
or dealers other requirements that the Secretary decides will
increase significantly the percentage of first purchasers of tires
about whom records are maintained.
(B) The Secretary may prescribe a requirement under subpara-
graph (A) of this paragraph only if the Secretary decides it is
necessary to reduce the risk to motor vehicle safety, after consider-
ing—
(i) the cost of the requirement to manufacturers and the
burden of the requirement on distributors and dealers, com-
pared to the increase in the percentage of first purchasers
of tires about whom records would be maintained as a result
of the requirement;
(ii) the extent to which distributors and dealers have com-
plied with the procedures in paragraph (2) of this subsection;
and
H. R. 1758—206
(iii) the extent to which distributors and dealers have
encouraged first purchasers of tires to register the tires.
(C) A manufacturer of tires shall reimburse distributors and
dealers of that manufacturer’s tires for all reasonable costs incurred
by the distributors and dealers in complying with a requirement
prescribed by the Secretary under subparagraph (A) of this para-
graph.
(D) After making a decision under subparagraph (A) of this
paragraph, the Secretary shall submit to each House of Congress
a report containing a detailed statement of the decision and an
explanation of the reasons for the decision.
§ 30118. Notification of defects and noncompliance
(a) NOTIFICATION BY SECRETARY.—The Secretary of Transpor-
tation shall notify the manufacturer of a motor vehicle or replace-
ment equipment immediately after making an initial decision
(through testing, inspection, investigation, or research carried out
under this chapter, examining communications under section
30166(f) of this title, or otherwise) that the vehicle or equipment
contains a defect related to motor vehicle safety or does not comply
with an applicable motor vehicle safety standard prescribed under
this chapter. The notification shall include the information on which
the decision is based. The Secretary shall publish a notice of each
decision under this subsection in the Federal Register. Subject
to section 30167(a) of this title, the notification and information
are available to any interested person.
(b) DEFECT AND NONCOMPLIANCE PROCEEDINGS AND ORDERS.—
(1) The Secretary may make a final decision that a motor vehicle
or replacement equipment contains a defect related to motor vehicle
safety or does not comply with an applicable motor vehicle safety
standard prescribed under this chapter only after giving the manu-
facturer an opportunity to present information, views, and argu-
ments showing that there is no defect or noncompliance or that
the defect does not affect motor vehicle safety. Any interested
person also shall be given an opportunity to present information,
views, and arguments.
(2) If the Secretary decides under paragraph (1) of this sub-
section that the vehicle or equipment contains the defect or does
not comply, the Secretary shall order the manufacturer to—
(A) give notification under section 30119 of this title to
the owners, purchasers, and dealers of the vehicle or equipment
of the defect or noncompliance; and
(B) remedy the defect or noncompliance under section
30120 of this title.
(c) NOTIFICATION
BY MANUFACTURER.—A manufacturer of a
motor vehicle or replacement equipment shall notify the Secretary
by certified mail, and the owners, purchasers, and dealers of the
vehicle or equipment as provided in section 30119(d) of this section,
if the manufacturer—
(1) learns the vehicle or equipment contains a defect and
decides in good faith that the defect is related to motor vehicle
safety; or
(2) decides in good faith that the vehicle or equipment
does not comply with an applicable motor vehicle safety stand-
ard prescribed under this chapter.
(d) EXEMPTIONS.—On application of a manufacturer, the Sec-
retary shall exempt the manufacturer from this section if the Sec-
H. R. 1758—207
retary decides a defect or noncompliance is inconsequential to motor
vehicle safety. The Secretary may take action under this subsection
only after notice in the Federal Register and an opportunity for
any interested person to present information, views, and arguments.
(e) HEARINGS ABOUT MEETING NOTIFICATION REQUIREMENTS.—
On the motion of the Secretary or on petition of any interested
person, the Secretary may conduct a hearing to decide whether
the manufacturer has reasonably met the notification requirements
under this section. Any interested person may make written and
oral presentations of information, views, and arguments on whether
the manufacturer has reasonably met the notification requirements.
If the Secretary decides that the manufacturer has not reasonably
met the notification requirements, the Secretary shall order the
manufacturer to take specified action to meet those requirements
and may take any other action authorized under this chapter.
§ 30119. Notification procedures
(a) CONTENTS OF NOTIFICATION.—Notification by a manufac-
turer required under section 30118 of this title of a defect or
noncompliance shall contain—
(1) a clear description of the defect or noncompliance;
(2) an evaluation of the risk to motor vehicle safety reason-
ably related to the defect or noncompliance;
(3) the measures to be taken to obtain a remedy of the
defect or noncompliance;
(4) a statement that the manufacturer giving notice will
remedy the defect or noncompliance without charge under sec-
tion 30120 of this title;
(5) the earliest date on which the defect or noncompliance
will be remedied without charge, and for tires, the period during
which the defect or noncompliance will be remedied without
charge under section 30120 of this title;
(6) the procedure the recipient of a notice is to follow
to inform the Secretary of Transportation when a manufacturer,
distributor, or dealer does not remedy the defect or noncompli-
ance without charge under section 30120 of this title; and
(7) other information the Secretary prescribes by regula-
tion.
(b) EARLIEST REMEDY DATE.—The date specified by a manufac-
turer in a notification under subsection (a)(5) of this section or
section 30121(c)(2) of this title is the earliest date that parts and
facilities reasonably can be expected to be available to remedy
the defect or noncompliance. The Secretary may disapprove the
date.
(c) TIME FOR NOTIFICATION.—Notification required under sec-
tion 30118 of this title shall be given within a reasonable time—
(1) prescribed by the Secretary, after the manufacturer
receives notice of a final decision under section 30118(b) of
this title; or
(2) after the manufacturer first decides that a safety-related
defect or noncompliance exists under section 30118(c) of this
title.
(d) MEANS
OF
PROVIDING
NOTIFICATION.—(1) Notification
required under section 30118 of this title about a motor vehicle
shall be sent by first class mail—
(A) to each person registered under State law as the owner
and whose name and address are reasonably ascertainable
H. R. 1758—208
by the manufacturer through State records or other available
sources; or
(B) if a registered owner is not notified under clause (A)
of this paragraph, to the most recent purchaser known to
the manufacturer.
(2) Notification required under section 30118 of this title about
replacement equipment (except a tire) shall be sent by first class
mail to the most recent purchaser known to the manufacturer.
In addition, if the Secretary decides that public notice is required
for motor vehicle safety, public notice shall be given in the way
required by the Secretary after consulting with the manufacturer.
(3) Notification required under section 30118 of this title about
a tire shall be sent by first class mail (or, if the manufacturer
prefers, by certified mail) to the most recent purchaser known
to the manufacturer. In addition, if the Secretary decides that
public notice is required for motor vehicle safety, public notice
shall be given in the way required by the Secretary after consulting
with the manufacturer. In deciding whether public notice is
required, the Secretary shall consider—
(A) the magnitude of the risk to motor vehicle safety caused
by the defect or noncompliance; and
(B) the cost of public notice compared to the additional
number of owners the notice may reach.
(4) A dealer to whom a motor vehicle or replacement equipment
was delivered shall be notified by certified mail or quicker means
if available.
(e) SECOND NOTIFICATION.—If the Secretary decides that a
notification sent by a manufacturer under this section has not
resulted in an adequate number of motor vehicles or items of
replacement equipment being returned for remedy, the Secretary
may order the manufacturer to send a 2d notification in the way
the Secretary prescribes by regulation.
(f) NOTIFICATION BY LESSOR TO LESSEE.—(1) In this subsection,
‘‘leased motor vehicle’’ means a motor vehicle that is leased to
a person for at least 4 months by a lessor that has leased at
least 5 motor vehicles in the 12 months before the date of the
notification.
(2) A lessor that receives a notification required by section
30118 of this title about a leased motor vehicle shall provide a
copy of the notification to the lessee in the way the Secretary
prescribes by regulation.
§ 30120. Remedies for defects and noncompliance
(a) WAYS TO REMEDY.—(1) Subject to subsections (f) and (g)
of this section, when notification of a defect or noncompliance is
required under section 30118(b) or (c) of this title, the manufacturer
of the defective or noncomplying motor vehicle or replacement equip-
ment shall remedy the defect or noncompliance without charge
when the vehicle or equipment is presented for remedy. Subject
to subsections (b) and (c) of this section, the manufacturer shall
remedy the defect or noncompliance in any of the following ways
the manufacturer chooses:
(A) if a vehicle—
(i) by repairing the vehicle;
(ii) by replacing the vehicle with an identical or reason-
ably equivalent vehicle; or
H. R. 1758—209
(iii) by refunding the purchase price, less a reasonable
allowance for depreciation.
(B) if replacement equipment, by repairing the equipment
or replacing the equipment with identical or reasonably equiva-
lent equipment.
(2) The Secretary of Transportation may prescribe regulations
to allow the manufacturer to impose conditions on the replacement
of a motor vehicle or refund of its price.
(b) TIRE REMEDIES.—(1) A manufacturer of a tire, including
an original equipment tire, shall remedy a defective or noncomply-
ing tire if the owner or purchaser presents the tire for remedy
not later than 60 days after the later of—
(A) the day the owner or purchaser receives notification
under section 30119 of this title; or
(B) if the manufacturer decides to replace the tire, the
day the owner or purchaser receives notification that a replace-
ment is available.
(2) If the manufacturer decides to replace the tire and the
replacement is not available during the 60-day period, the owner
or purchaser must present the tire for remedy during a subsequent
60-day period that begins only after the owner or purchaser receives
notification that a replacement will be available during the subse-
quent period. If tires are available during the subsequent period,
only a tire presented for remedy during that period must be rem-
edied.
(c) ADEQUACY OF REPAIRS.—(1) If a manufacturer decides to
repair a defective or noncomplying motor vehicle or replacement
equipment and the repair is not done adequately within a reason-
able time, the manufacturer shall—
(A) replace the vehicle or equipment without charge with
an identical or reasonably equivalent vehicle or equipment;
or
(B) for a vehicle, refund the purchase price, less a reason-
able allowance for depreciation.
(2) Failure to repair a motor vehicle or replacement equipment
adequately not later than 60 days after its presentation is prima
facie evidence of failure to repair within a reasonable time. How-
ever, the Secretary may extend, by order, the 60-day period if
good cause for an extension is shown and the reason is published
in the Federal Register before the period ends. Presentation of
a vehicle or equipment for repair before the date specified by
a manufacturer in a notice under section 30119(a)(5) or 30121(c)(2)
of this title is not a presentation under this subsection.
(d) FILING MANUFACTURER’S REMEDY PROGRAM.—A manufac-
turer shall file with the Secretary a copy of the manufacturer’s
program under this section for remedying a defect or noncompliance.
The Secretary shall make the program available to the public
and publish a notice of availability in the Federal Register.
(e) HEARINGS ABOUT MEETING REMEDY REQUIREMENTS.—On
the motion of the Secretary or on application by any interested
person, the Secretary may conduct a hearing to decide whether
the manufacturer has reasonably met the remedy requirements
under this section. Any interested person may make written and
oral presentations of information, views, and arguments on whether
the manufacturer has reasonably met the remedy requirements.
If the Secretary decides a manufacturer has not reasonably met
the remedy requirements, the Secretary shall order the manufac-
H. R. 1758—210
turer to take specified action to meet those requirements and may
take any other action authorized under this chapter.
(f) FAIR REIMBURSEMENT TO DEALERS.—A manufacturer shall
pay fair reimbursement to a dealer providing a remedy without
charge under this section.
(g) NONAPPLICATION.—(1) The requirement that a remedy be
provided without charge does not apply if the motor vehicle or
replacement equipment was bought by the first purchaser more
than 8 calendar years, or the tire, including an original equipment
tire, was bought by the first purchaser more than 3 calendar years,
before notice is given under section 30118(c) of this title or an
order is issued under section 30118(b) of this title, whichever is
earlier.
(2) This section does not apply during any period in which
enforcement of an order under section 30118(b) of this title is
restrained or the order is set aside in a civil action to which
section 30121(d) of this title applies.
(h) EXEMPTIONS.—On application of a manufacturer, the Sec-
retary shall exempt the manufacturer from this section if the Sec-
retary decides a defect or noncompliance is inconsequential to motor
vehicle safety. The Secretary may take action under this subsection
only after notice in the Federal Register and an opportunity for
any interested person to present information, views, and arguments.
(i) LIMITATION ON SALE OR LEASE.—(1) If notification is required
by an order under section 30118(b) of this title or is required
under section 30118(c) of this title and the manufacturer has pro-
vided to a dealer notification about a new motor vehicle or new
item of replacement equipment in the dealer’s possession at the
time of notification that contains a defect related to motor vehicle
safety or does not comply with an applicable motor vehicle safety
standard prescribed under this chapter, the dealer may sell or
lease the motor vehicle or item of replacement equipment only
if—
(A) the defect or noncompliance is remedied as required
by this section before delivery under the sale or lease; or
(B) when the notification is required by an order under
section 30118(b) of this title, enforcement of the order is
restrained or the order is set aside in a civil action to which
section 30121(d) of this title applies.
(2) This subsection does not prohibit a dealer from offering
for sale or lease the vehicle or equipment.
§ 30121. Provisional notification and civil actions to enforce
(a) PROVISIONAL NOTIFICATION.—(1) The Secretary of Transpor-
tation may order a manufacturer to issue a provisional notification
if a civil action about an order issued under section 30118(b) of
this title has been brought under section 30163 of this title. The
provisional notification shall contain—
(A) a statement that the Secretary has decided that a
defect related to motor vehicle safety or noncompliance with
a motor vehicle safety standard prescribed under this chapter
exists and that the manufacturer is contesting the decision
in a civil action in a United States district court;
(B) a clear description of the Secretary’s stated basis for
the decision;
(C) the Secretary’s evaluation of the risk to motor vehicle
safety reasonably related to the defect or noncompliance;
H. R. 1758—211
(D) measures the Secretary considers necessary to avoid
an unreasonable risk to motor vehicle safety resulting from
the defect or noncompliance;
(E) a statement that the manufacturer will remedy the
defect or noncompliance without charge under section 30120
of this title, but that the requirement to remedy without charge
is conditioned on the outcome of the civil action; and
(F) other information the Secretary prescribes by regulation
or includes in the order requiring the notice.
(2) A notification under this subsection does not relieve a manu-
facturer of liability for not giving notification required by an order
under section 30118(b) of this title.
(b) CIVIL ACTIONS FOR NOT NOTIFYING.—(1) A manufacturer
that does not notify owners and purchasers under section 30119(c)
and (d) of this title is liable to the United States Government
for a civil penalty, unless the manufacturer prevails in a civil
action referred to in subsection (a) of this section or the court
in that action enjoins enforcement of the order. Enforcement may
be enjoined only if the court decides that the failure to notify
is reasonable and that the manufacturer has demonstrated the
likelihood of prevailing on the merits. If enforcement is enjoined,
the manufacturer is not liable during the time the order is stayed.
(2) A manufacturer that does not notify owners and purchasers
as required under subsection (a) of this section is liable for a
civil penalty regardless of whether the manufacturer prevails in
an action on the validity of the order issued under section 30118(b)
of this title.
(c) ORDERS TO MANUFACTURERS.—If the Secretary prevails in
a civil action referred to in subsection (a) of this section, the Sec-
retary shall order the manufacturer—
(1) to notify each owner, purchaser, and dealer described
in section 30119(d) of this title of the outcome of the action
and other information the Secretary requires, and notification
under this clause may be combined with notification required
under section 30118(b) of this title;
(2) to specify the earliest date under section 30119(b) of
this title on which the defect or noncompliance will be remedied
without charge under section 30120 of this title; and
(3) if notification was required under subsection (a) of
this section, to reimburse an owner or purchaser for reasonable
and necessary expenses (in an amount that is not more than
the amount specified in the order of the Secretary under sub-
section (a)) incurred for repairing the defect or noncompliance
during the period beginning on the date that notification was
required to be issued and ending on the date the owner or
purchaser receives the notification under this subsection.
(d) VENUE.—Notwithstanding section 30163(c) of this title, a
civil action about an order issued under section 30118(b) of this
title must be brought in the United States district court for a
judicial district in the State in which the manufacturer is incor-
porated or the District of Columbia. On motion of a party, the
court may transfer the action to another district court if good
cause is shown. All actions related to the same order under section
30118(b) shall be consolidated in an action in one judicial district
under an order of the court in which the first action was brought.
If the first action is transferred to another court, that court shall
issue the consolidation order.
H. R. 1758—212
§ 30122. Making safety devices and elements inoperative
(a) DEFINITION.—In this section, ‘‘motor vehicle repair business’’
means a person holding itself out to the public to repair for com-
pensation a motor vehicle or motor vehicle equipment.
(b) PROHIBITION.—A manufacturer, distributor, dealer, or motor
vehicle repair business may not knowingly make inoperative any
part of a device or element of design installed on or in a motor
vehicle or motor vehicle equipment in compliance with an applicable
motor vehicle safety standard prescribed under this chapter unless
the manufacturer, distributor, dealer, or repair business reasonably
believes the vehicle or equipment will not be used (except for
testing or a similar purpose during maintenance or repair) when
the device or element is inoperative.
(c) REGULATIONS.—The Secretary of Transportation may pre-
scribe regulations—
(1) to exempt a person from this section if the Secretary
decides the exemption is consistent with motor vehicle safety
and section 30101 of this title; and
(2) to define ‘‘make inoperative’’.
(d) NONAPPLICATION.—This section does not apply to a safety
belt interlock or buzzer designed to indicate a safety belt is not
in use as described in section 30124 of this title.
§ 30123. Tires
(a) LABELING REQUIREMENT.—The Secretary of Transportation
shall require that a pneumatic tire subject to a motor vehicle
safety standard prescribed under this chapter be labeled perma-
nently and conspicuously with safety information the Secretary
decides is necessary to carry out section 30101 of this title.
(b) CONTENTS OF LABEL.—Labeling required on a tire under
subsection (a) of this section shall include—
(1)(A) identification of the manufacturer;
(B) for a retreaded tire, identification of the retreader;
or
(C) for a tire containing a brand name (other than the
name of the manufacturer), a code mark allowing a seller
to identify the manufacturer to the purchaser;
(2) the composition of material used in the ply of the
tire;
(3) the number of plies in the tire;
(4) the maximum allowable load for the tire; and
(5)(A) a statement that the tire complies with minimum
safe performance standards prescribed under this chapter; or
(B) a mark or symbol the Secretary prescribes for use
by a manufacturer or retreader complying with those standards.
(c) ADDITIONAL INFORMATION.—The Secretary may require that
additional safety information be disclosed to a purchaser when
a tire is sold.
(d) REGROOVED TIRE LIMITATIONS.—(1) In this subsection,
‘‘regrooved tire’’ means a tire with a new tread produced by cutting
into the tread of a worn tire.
(2) The Secretary may authorize the sale, offer for sale,
introduction for sale, or delivery for introduction in interstate com-
merce, of a regrooved tire or a motor vehicle equipped with
regrooved tires if the Secretary decides the tires are designed and
made in a way consistent with section 30101 of this title. A person
may not sell, offer for sale, introduce for sale, or deliver for introduc-
H. R. 1758—213
tion in interstate commerce, a regrooved tire or a vehicle equipped
with regrooved tires unless authorized by the Secretary.
(e) UNIFORM QUALITY GRADING SYSTEM, NOMENCLATURE, AND
MARKETING PRACTICES.—The Secretary shall prescribe through
standards a uniform quality grading system for motor vehicle tires
to help consumers make an informed choice when purchasing tires.
The Secretary also shall cooperate with industry and the Federal
Trade Commission to the greatest extent practicable to eliminate
deceptive and confusing tire nomenclature and marketing practices.
A tire standard or regulation prescribed under this chapter super-
sedes an order or administrative interpretation of the Commission.
(f) MAXIMUM LOAD STANDARDS.—The Secretary shall require
a motor vehicle to be equipped with tires that meet maximum
load standards when the vehicle is loaded with a reasonable amount
of luggage and the total number of passengers the vehicle is
designed to carry. The vehicle shall be equipped with those tires
by the manufacturer or by the first purchaser when the vehicle
is first bought in good faith other than for resale.
§ 30124. Buzzers indicating nonuse of safety belts
A motor vehicle safety standard prescribed under this chapter
may not require or allow a manufacturer to comply with the stand-
ard by using a safety belt interlock designed to prevent starting
or operating a motor vehicle if an occupant is not using a safety
belt or a buzzer designed to indicate a safety belt is not in use,
except a buzzer that operates only during the 8-second period
after the ignition is turned to the ‘‘start’’ or ‘‘on’’ position.
§ 30125. Schoolbuses and schoolbus equipment
(a) DEFINITIONS.—In this section—
(1) ‘‘schoolbus’’ means a passenger motor vehicle designed
to carry a driver and more than 10 passengers, that the Sec-
retary of Transportation decides is likely to be used significantly
to transport preprimary, primary, and secondary school stu-
dents to or from school or an event related to school.
(2) ‘‘schoolbus equipment’’ means equipment designed pri-
marily for a schoolbus or manufactured or sold to replace or
improve a system, part, or component of a schoolbus or as
an accessory or addition to a schoolbus.
(b) STANDARDS.—The Secretary shall prescribe motor vehicle
safety standards for schoolbuses and schoolbus equipment manufac-
tured in, or imported into, the United States. Standards shall
include minimum performance requirements for—
(1) emergency exits;
(2) interior protection for occupants;
(3) floor strength;
(4) seating systems;
(5) crashworthiness of body and frame (including protection
against rollover hazards);
(6) vehicle operating systems;
(7) windows and windshields; and
(8) fuel systems.
(c) TEST DRIVING
BY MANUFACTURERS.—The Secretary may
require by regulation a schoolbus to be test-driven by a manufac-
turer before introduction in commerce.
H. R. 1758—214
§ 30126. Used motor vehicles
To ensure a continuing and effective national safety program,
it is the policy of the United States Government to encourage
and strengthen State inspection of used motor vehicles. Therefore,
the Secretary of Transportation shall prescribe uniform motor
vehicle safety standards applicable to all used motor vehicles. The
standards shall be stated in terms of motor vehicle safety perform-
ance.
§ 30127. Automatic occupant crash protection and seat belt
use
(a) DEFINITIONS.—In this section—
(1) ‘‘bus’’ means a motor vehicle with motive power (except
a trailer) designed to carry more than 10 individuals.
(2) ‘‘multipurpose passenger vehicle’’ means a motor vehicle
with motive power (except a trailer), designed to carry not
more than 10 individuals, that is constructed either on a truck
chassis or with special features for occasional off-road operation.
(3) ‘‘passenger car’’ means a motor vehicle with motive
power (except a multipurpose passenger vehicle, motorcycle,
or trailer) designed to carry not more than 10 individuals.
(4) ‘‘truck’’ means a motor vehicle with motive power (except
a trailer) designed primarily to transport property or special
purpose equipment.
(b) INFLATABLE RESTRAINT REQUIREMENTS.—(1) Not later than
September 1, 1993, the Secretary of Transportation shall prescribe
under this chapter an amendment to Federal Motor Vehicle Safety
Standard 208 issued under the National Traffic and Motor Vehicle
Safety Act of 1966. The amendment shall require that the automatic
occupant crash protection system for both of the front outboard
seating positions for each of the following vehicles be an inflatable
restraint (with lap and shoulder belts) complying with the occupant
protection requirements under section 4.1.2.1 of Standard 208:
(A) 95 percent of each manufacturer’s annual production
of passenger cars manufactured after August 31, 1996, and
before September 1, 1997.
(B) 80 percent of each manufacturer’s annual production
of buses, multipurpose passenger vehicles, and trucks (except
walk-in van-type trucks and vehicles designed to be sold only
to the United States Postal Service) with a gross vehicle weight
rating of not more than 8,500 pounds and an unloaded vehicle
weight of not more than 5,500 pounds manufactured after
August 31, 1997, and before September 1, 1998.
(C) 100 percent of each manufacturer’s annual production
of passenger cars manufactured after August 31, 1997.
(D) 100 percent of each manufacturer’s annual production
of vehicles described in clause (B) of this paragraph manufac-
tured after August 31, 1998.
(2) Manufacturers may not use credits and incentives available
before September 1, 1998, under the provisions of Standard 208
(as amended by this section) to comply with the requirements
of paragraph (1)(D) of this subsection after August 31, 1998.
(c) OWNER MANUAL REQUIREMENTS.—In amending Standard
208, the Secretary of Transportation shall require, to be effective
as soon as possible after the amendment is prescribed, that owner
manuals for passenger cars, buses, multipurpose passenger vehicles,
H. R. 1758—215
and trucks equipped with an inflatable restraint include a statement
in an easily understandable format stating that—
(1) either or both of the front outboard seating positions
of the vehicle are equipped with an inflatable restraint referred
to as an ‘‘airbag’’ and a lap and shoulder belt;
(2) the ‘‘airbag’’ is a supplemental restraint and is not
a substitute for lap and shoulder belts;
(3) lap and shoulder belts also must be used correctly
by an occupant in a front outboard seating position to provide
restraint or protection from frontal crashes as well as other
types of crashes or accidents; and
(4) occupants should always wear their lap and shoulder
belts, if available, or other safety belts, whether or not there
is an inflatable restraint.
(d) SEAT BELT USE LAWS.—Congress finds that it is in the
public interest for each State to adopt and enforce mandatory
seat belt use laws and for the United States Government to adopt
and enforce mandatory seat belt use regulations.
(e) TEMPORARY EXEMPTIONS.—(1) On application of a manufac-
turer, the Secretary of Transportation may exempt, on a temporary
basis, motor vehicles of that manufacturer from any requirement
under subsections (b) and (c) of this section on terms the Secretary
considers appropriate. An exemption may be renewed.
(2) The Secretary of Transportation may grant an exemption
under paragraph (1) of this subsection if the Secretary finds that
there has been a disruption in the supply of any component of
an inflatable restraint or in the use and installation of that compo-
nent by the manufacturer because of an unavoidable event not
under the control of the manufacturer that will prevent the manu-
facturer from meeting its anticipated production volume of vehicles
with those restraints.
(3) Only an affected manufacturer may apply for an exemption.
The Secretary of Transportation shall prescribe in the amendment
to Standard 208 required under this section the information an
affected manufacturer must include in its application under this
subsection. The manufacturer shall specify in the application the
models, lines, and types of vehicles affected. The Secretary may
consolidate similar applications from different manufacturers.
(4) An exemption or renewal of an exemption is conditioned
on the commitment of the manufacturer to recall the exempted
vehicles for installation of the omitted inflatable restraints within
a reasonable time that the manufacturer proposes and the Secretary
of Transportation approves after the components become available
in sufficient quantities to satisfy both anticipated production and
recall volume requirements.
(5) The Secretary of Transportation shall publish in the Federal
Register a notice of each application under this subsection and
each decision to grant or deny a temporary exemption and the
reasons for the decision.
(6) The Secretary of Transportation shall require a label for
each exempted vehicle that can be removed only after recall and
installation of the required inflatable restraint. The Secretary shall
require that written notice of the exemption be provided to the
dealer and the first purchaser of each exempted vehicle other than
for resale, with the notice being provided in a way, and containing
the information, the Secretary considers appropriate.
H. R. 1758—216
(f) APPLICATION.—(1) This section revises, but does not replace,
Standard 208 as in effect on December 18, 1991, including the
amendment of March 26, 1991 (56 Fed. Reg. 12472), to Standard
208, extending the requirements for automatic crash protection,
with incentives for more innovative automatic crash protection,
to trucks, buses, and multipurpose passenger vehicles. This section
may not be construed as—
(A) affecting another provision of law carried out by the
Secretary of Transportation applicable to passenger cars, buses,
multipurpose passenger vehicles, or trucks; or
(B) establishing a precedent related to developing or
prescribing a Government motor vehicle safety standard.
(2) This section and amendments to Standard 208 made under
this section may not be construed as indicating an intention by
Congress to affect any liability of a motor vehicle manufacturer
under applicable law related to vehicles with or without inflatable
restraints.
(g) REPORT.—(1) On October 1, 1992, and every 6 months
after that date through October 1, 2000, the Secretary of Transpor-
tation shall submit reports on the effectiveness of occupant restraint
systems expressed as a percentage reduction in fatalities or injuries
of restrained occupants compared to unrestrained occupants for—
(A) a combination of inflated restraints and lap and shoul-
der belts;
(B) inflated restraints only; and
(C) lap and shoulder belts only.
(2) In consultation with the Secretaries of Labor and Defense,
the Secretary of Transportation also shall provide information and
analysis on lap and shoulder belt use, nationally and in each
State by—
(A) military personnel;
(B) Government, State, and local law enforcement officers;
(C) other Government and State employees; and
(D) the public.
(h) AIRBAGS FOR GOVERNMENT CARS.—In cooperation with the
Administrator of General Services and the heads of appropriate
departments, agencies, and instrumentalities of the Government,
the Secretary of Transportation shall establish a program, consist-
ent with applicable procurement laws of the Government and avail-
able appropriations, requiring that all passenger cars acquired—
(1) after September 30, 1994, for use by the Government
be equipped, to the maximum extent practicable, with driver-
side inflatable restraints; and
(2) after September 30, 1996, for use by the Government
be equipped, to the maximum extent practicable, with inflatable
restraints for both front outboard seating positions.
SUBCHAPTER III—IMPORTING NONCOMPLYING MOTOR
VEHICLES AND EQUIPMENT
§ 30141. Importing motor vehicles capable of complying with
standards
(a) GENERAL.—Section 30112(a) of this title does not apply
to a motor vehicle if—
(1) on the initiative of the Secretary of Transportation
or on petition of a manufacturer or importer registered under
subsection (c) of this section, the Secretary decides—
H. R. 1758—217
(A) the vehicle is—
(i) substantially similar to a motor vehicle origi-
nally manufactured for import into and sale in the
United States;
(ii) certified under section 30115 of this title;
(iii) the same model year (as defined under regula-
tions of the Secretary of Transportation) as the model
of the motor vehicle it is being compared to; and
(iv) capable of being readily altered to comply with
applicable motor vehicle safety standards prescribed
under this chapter; or
(B) if there is no substantially similar United States
motor vehicle, the safety features of the vehicle comply
with or are capable of being altered to comply with those
standards based on destructive test information or other
evidence the Secretary of Transportation decides is ade-
quate;
(2) the vehicle is imported by a registered importer; and
(3) the registered importer pays the annual fee the Sec-
retary of Transportation establishes under subsection (e) of
this section to pay for the costs of carrying out the registration
program for importers under subsection (c) of this section and
any other fees the Secretary of Transportation establishes to
pay for the costs of—
(A) processing bonds provided to the Secretary of the
Treasury under subsection (d) of this section; and
(B) making the decisions under this subchapter.
(b) PROCEDURES ON DECIDING ON MOTOR VEHICLE CAPABIL-
ITY.—(1) The Secretary of Transportation shall establish by regula-
tion procedures for making a decision under subsection (a)(1) of
this section and the information a petitioner must provide to show
clearly that the motor vehicle is capable of being brought into
compliance with applicable motor vehicle safety standards pre-
scribed under this chapter. In establishing the procedures, the
Secretary shall provide for a minimum period of public notice and
written comment consistent with ensuring expeditious, but com-
plete, consideration and avoiding delay by any person. In making
a decision under those procedures, the Secretary shall consider
test information and other information available to the Secretary,
including any information provided by the manufacturer. If the
Secretary makes a negative decision, the Secretary may not make
another decision for the same model until at least 3 calendar
months have elapsed after the negative decision.
(2) The Secretary of Transportation shall publish each year
in the Federal Register a list of all decisions made under subsection
(a)(1) of this section. Each published decision applies to the model
of the motor vehicle for which the decision was made. A positive
decision permits another importer registered under subsection (c)
of this section to import a vehicle of the same model under this
section if the importer complies with all the terms of the decision.
(c) REGISTRATION.—(1) The Secretary of Transportation shall
establish procedures for registering a person who complies with
requirements prescribed by the Secretary by regulation under this
subsection, including—
(A) recordkeeping requirements;
(B) inspection of records and facilities related to motor
vehicles the person has imported, altered, or both; and
H. R. 1758—218
(C) requirements that ensure that the importer (or a succes-
sor in interest) will be able technically and financially to carry
out responsibilities under sections 30117(b), 30118–30121, and
30166(f) of this title.
(2) The Secretary of Transportation shall deny registration
to a person whose registration is revoked under paragraph (4)
of this subsection.
(3) The Secretary of Transportation may deny registration to
a person that is or was owned or controlled by, or under common
ownership or control with, a person whose registration was revoked
under paragraph (4) of this subsection.
(4) The Secretary of Transportation shall establish procedures
for—
(A) revoking or suspending a registration issued under
paragraph (1) of this subsection for not complying with a
requirement of this subchapter or section 30112, 30115, 30117–
30122, 30125(c), 30127, or 30166 of this title or regulations
prescribed under this subchapter or those sections;
(B) automatically suspending a registration for not paying
a fee under subsection (a)(3) of this section in a timely manner
or for knowingly filing a false or misleading certification under
section 30146 of this title; and
(C) reinstating suspended registrations.
(d) BONDS.—(1) A person importing a motor vehicle under this
section shall provide a bond to the Secretary of the Treasury (acting
for the Secretary of Transportation) and comply with the terms
the Secretary of Transportation decides are appropriate to ensure
that the vehicle—
(A) will comply with applicable motor vehicle safety stand-
ards prescribed under this chapter within a reasonable time
(specified by the Secretary of Transportation) after the vehicle
is imported; or
(B) will be exported (at no cost to the United States Govern-
ment) by the Secretary of the Treasury or abandoned to the
Government.
(2) The amount of the bond provided under this subsection
shall be at least equal to the dutiable value of the motor vehicle
(as determined by the Secretary of the Treasury) but not more
than 150 percent of that value.
(e) FEE REVIEW, ADJUSTMENT, AND USE.—The Secretary of
Transportation shall review and make appropriate adjustments at
least every 2 years in the amounts of the fees required to be
paid under subsection (a)(3) of this section. The Secretary of
Transportation shall establish the fees for each fiscal year before
the beginning of that year. All fees collected remain available until
expended without fiscal year limit to the extent provided in advance
by appropriation laws. The amounts are only for use by the Sec-
retary of Transportation—
(1) in carrying out this section and sections 30146(a)–(c)(1),
(d), and (e) and 30147(b) of this title; and
(2) in advancing to the Secretary of the Treasury amounts
for costs incurred under this section and section 30146 of this
title to reimburse the Secretary of the Treasury for those costs.
§ 30142. Importing motor vehicles for personal use
(a) GENERAL.—Section 30112(a) of this title does not apply
to an imported motor vehicle if—
H. R. 1758—219
(1) the vehicle is imported for personal use, and not for
resale, by an individual (except an individual described in sec-
tions 30143 and 30144 of this title);
(2) the vehicle is imported after January 31, 1990; and
(3) the individual takes the actions required under sub-
section (b) of this section to receive an exemption.
(b) EXEMPTIONS.—(1) To receive an exemption under subsection
(a) of this section, an individual must—
(A) provide the Secretary of the Treasury (acting for the
Secretary of Transportation) with—
(i) an appropriate bond in an amount determined under
section 30141(d) of this title;
(ii) a copy of an agreement with an importer registered
under section 30141(c) of this title for bringing the motor
vehicle into compliance with applicable motor vehicle safety
standards prescribed under this chapter; and
(iii) a certification that the vehicle meets the require-
ment of section 30141(a)(1)(A) or (B) of this title; and
(B) comply with appropriate terms the Secretary of
Transportation imposes to ensure that the vehicle—
(i) will be brought into compliance with those standards
within a reasonable time (specified by the Secretary of
Transportation) after the vehicle is imported; or
(ii) will be exported (at no cost to the United States
Government) by the Secretary of the Treasury or aban-
doned to the Government.
(2) For good cause shown, the Secretary of Transportation
may allow an individual additional time, but not more than 30
days after the day on which the motor vehicle is offered for import,
to comply with paragraph (1)(A)(ii) of this subsection.
§ 30143. Motor vehicles imported by individuals employed
outside the United States
(a) DEFINITION.—In this section, ‘‘assigned place of employment’’
means—
(1) the principal location at which an individual is perma-
nently or indefinitely assigned to work; and
(2) for a member of the uniformed services, the individual’s
permanent duty station.
(b) GENERAL.—Section 30112(a) of this title does not apply
to a motor vehicle imported for personal use, and not for resale,
by an individual—
(1) whose assigned place of employment was outside the
United States as of October 31, 1988, and who has not had
an assigned place of employment in the United States from
that date through the date the vehicle is imported into the
United States;
(2) who previously had not imported a motor vehicle into
the United States under this section or section 108(g) of the
National Traffic and Motor Vehicle Safety Act of 1966 or, before
October 31, 1988, under section 108(b)(3) of that Act;
(3) who acquired, or made a binding contract to acquire,
the vehicle before October 31, 1988;
(4) who imported the vehicle into the United States not
later than October 31, 1992; and
(5) who satisfies section 108(b)(3) of that Act as in effect
on October 30, 1988.
H. R. 1758—220
(c) CERTIFICATION.—Subsection (b) of this section is carried
out by certification in the form the Secretary of Transportation
or the Secretary of the Treasury may prescribe.
§ 30144. Importing motor vehicles on a temporary basis
(a) GENERAL.—Section 30112(a) of this title does not apply
to a motor vehicle imported on a temporary basis for personal
use by an individual who is a member of—
(1)(A) the personnel of the government of a foreign country
on assignment in the United States or a member of the Sec-
retariat of a public international organization designated under
the International Organization Immunities Act (22 U.S.C. 288
et seq.); and
(B) the class of individuals for whom the Secretary of
State has authorized free importation of motor vehicles; or
(2) the armed forces of a foreign country on assignment
in the United States.
(b) VERIFICATION.—The Secretary of Transportation or the Sec-
retary of the Treasury may require verification, that the Secretary
of Transportation considers appropriate, that an individual is a
member described under subsection (a) of this section. The Secretary
of Transportation shall ensure that a motor vehicle imported under
this section will be exported (at no cost to the United States Govern-
ment) or abandoned to the Government when the individual no
longer—
(1) resides in the United States; and
(2) is a member described under subsection (a) of this
section.
(c) SALE IN THE UNITED STATES.—A motor vehicle imported
under this section may not be sold when in the United States.
§ 30145. Importing motor vehicles or equipment requiring
further manufacturing
Section 30112(a) of this title does not apply to a motor vehicle
or motor vehicle equipment if the vehicle or equipment—
(1) requires further manufacturing to perform its intended
function as decided under regulations prescribed by the Sec-
retary of Transportation; and
(2) is accompanied at the time of importation by a written
statement issued by the manufacturer indicating the applicable
motor vehicle safety standard prescribed under this chapter
with which it does not comply.
§ 30146. Release of motor vehicles and bonds
(a) COMPLIANCE CERTIFICATION AND BOND.—(1) Except as pro-
vided in subsections (c) and (d) of this section, an importer reg-
istered under section 30141(c) of this title may license or register
an imported motor vehicle for use on public streets, roads, or
highways, or release custody of a motor vehicle imported by the
registered importer or imported by an individual under section
30142 of this title and altered by the registered importer to meet
applicable motor vehicle safety standards prescribed under this
chapter to a person for license or registration for use on public
streets, roads, or highways, only after 30 days after the registered
importer certifies to the Secretary of Transportation, in the way
the Secretary prescribes, that the motor vehicle complies with each
standard prescribed in the year the vehicle was manufactured and
H. R. 1758—221
that applies in that year to that vehicle. A vehicle may not be
released if the Secretary gives written notice before the end of
the 30-day period that the Secretary will inspect the vehicle under
subsection (c) of this section.
(2) The Secretaries of Transportation and the Treasury shall
prescribe regulations—
(A) ensuring the release of a motor vehicle and bond
required under section 30141(d) of this title at the end of
the 30-day period, unless the Secretary of Transportation issues
a notice of an inspection under subsection (c) of this section;
and
(B) providing that the Secretary of Transportation shall
release the vehicle and bond promptly after an inspection under
subsection (c) of this section showing compliance with the stand-
ards applicable to the vehicle.
(3) Each registered importer shall include on each motor vehicle
released under this subsection a label prescribed by the Secretary
of Transportation identifying the importer and stating that the
vehicle has been altered by the importer to comply with the stand-
ards applicable to the vehicle.
(b) RELIANCE ON MANUFACTURER’S CERTIFICATION.—In making
a certification under subsection (a)(1) of this section, the registered
importer may rely on the manufacturer’s certification for the model
to which the motor vehicle involved is substantially similar if the
importer certifies that any alteration made by the importer did
not affect the compliance of the safety features of the vehicle and
the importer keeps records verifying the certification for the period
the Secretary of Transportation prescribes.
(c) EVIDENCE OF COMPLIANCE.—(1) The Secretary of Transpor-
tation may require that the certification under subsection (a)(1)
of this section be accompanied by evidence of compliance the Sec-
retary considers appropriate or may inspect the certified motor
vehicle, or both. If the Secretary gives notice of an inspection,
an importer may release the vehicle only after—
(A) an inspection showing the motor vehicle complies with
applicable motor vehicle safety standards prescribed under this
chapter for which the inspection was made; and
(B) release of the vehicle by the Secretary.
(2) The Secretary of Transportation shall inspect periodically
a representative number of motor vehicles for which certifications
have been filed under subsection (a)(1) of this section. In carrying
out a motor vehicle testing program under this chapter, the Sec-
retary shall include a representative number of motor vehicles
for which certifications have been filed under subsection (a)(1).
(d) CHALLENGING THE CERTIFICATION.—A motor vehicle or bond
may not be released under subsection (a) of this section if the
Secretary of Transportation, not later than 30 days after receiving
a certification under subsection (a)(1) of this section, gives written
notice that the Secretary believes or has reason to believe that
the certification is false or contains a mispresentation. The vehicle
and bond may be released only after the Secretary is satisfied
with the certification and any modification of the certification.
(e) BOND RELEASE.—A release of a bond required under section
30141(d) of this title is deemed an acceptance of a certification
or completion of an inspection under this section but is not a
decision by the Secretary of Transportation under section 30118(a)
H. R. 1758—222
or (b) of this title of compliance with applicable motor vehicle
safety standards prescribed under this chapter.
§ 30147. Responsibility for defects and noncompliance
(a) DEEMING DEFECT OR NONCOMPLIANCE TO CERTAIN VEHICLES
AND IMPORTER AS MANUFACTURER.—(1) In carrying out sections
30117(b), 30118–30121, and 30166(f) of this title—
(A) for a defect or noncompliance with an applicable motor
vehicle safety standard prescribed under this chapter for a
motor vehicle originally manufactured for import into the
United States, an imported motor vehicle having a valid certifi-
cation under section 30146(a)(1) of this title and decided to
be substantially similar to that motor vehicle shall be deemed
as having the same defect or as not complying with the same
standard unless the manufacturer or importer registered under
section 30141(c) of this title demonstrates otherwise to the
Secretary of Transportation; and
(B) the registered importer shall be deemed to be the
manufacturer of any motor vehicle that the importer imports
or brings into compliance with the standards for an individual
under section 30142 of this title.
(2) The Secretary shall publish in the Federal Register notice
of any defect or noncompliance under paragraph (1)(A) of this
subsection.
(b) FINANCIAL RESPONSIBILITY REQUIREMENT.—The Secretary
shall require by regulation each registered importer (including any
successor in interest) to provide and maintain evidence, satisfactory
to the Secretary, of sufficient financial responsibility to meet its
obligations under sections 30117(b), 30118–30121, and 30166(f) of
this title.
SUBCHAPTER IV—ENFORCEMENT AND ADMINISTRATIVE
§ 30161. Judicial review of standards
(a) FILING
AND VENUE.—A person adversely affected by an
order prescribing a motor vehicle safety standard under this chapter
may apply for review of the order by filing a petition for review
in the court of appeals of the United States for the circuit in
which the person resides or has its principal place of business.
The petition must be filed not later than 59 days after the order
is issued.
(b) NOTIFYING SECRETARY.—The clerk of the court shall send
immediately a copy of the petition to the Secretary of Transpor-
tation. The Secretary shall file with the court a record of the
proceeding in which the order was prescribed.
(c) ADDITIONAL PROCEEDINGS.—(1) On request of the petitioner,
the court may order the Secretary to receive additional evidence
and evidence in rebuttal if the court is satisfied that the additional
evidence is material and there were reasonable grounds for not
presenting the evidence in the proceeding before the Secretary.
(2) The Secretary may modify findings of fact or make new
findings because of the additional evidence presented. The Secretary
shall file a modified or new finding, a recommendation to modify
or set aside the order, and the additional evidence with the court.
(d) CERTIFIED COPIES OF RECORDS OF PROCEEDINGS.—The Sec-
retary shall give any interested person a certified copy of the
transcript of the record in a proceeding under this section on request
H. R. 1758—223
and payment of costs. A certified copy of the record of the proceeding
is admissible in a proceeding arising out of a matter under this
chapter, regardless of whether the proceeding under this section
has begun or becomes final.
(e) FINALITY OF JUDGMENT AND SUPREME COURT REVIEW.—
A judgment of a court under this section is final and may be
reviewed only by the Supreme Court under section 1254 of title
28.
§ 30162. Petitions by interested persons for standards and
enforcement
(a) FILING.—Any interested person may file a petition with
the Secretary of Transportation requesting the Secretary to begin
a proceeding—
(1) to prescribe a motor vehicle safety standard under
this chapter; or
(2) to decide whether to issue an order under section
30118(b) of this title.
(b) STATEMENT OF FACTS.—The petition must state facts that
the person claims establish that a motor vehicle safety standard
or order referred to in subsection (a) of this section is necessary
and briefly describe the order the Secretary should issue.
(c) PROCEEDINGS.—The Secretary may hold a public hearing
or conduct an investigation or proceeding to decide whether to
grant the petition.
(d) ACTIONS OF SECRETARY.—The Secretary shall grant or deny
a petition not later than 120 days after the petition is filed. If
a petition is granted, the Secretary shall begin the proceeding
promptly. If a petition is denied, the Secretary shall publish the
reasons for the denial in the Federal Register.
§ 30163. Actions by the Attorney General
(a) CIVIL ACTIONS TO ENFORCE.—The Attorney General may
bring a civil action in a United States district court to enjoin—
(1) a violation of this chapter or a regulation prescribed
or order issued under this chapter; and
(2) the sale, offer for sale, or introduction or delivery for
introduction, in interstate commerce, or the importation into
the United States, of a motor vehicle or motor vehicle equip-
ment for which it is decided, before the first purchase in good
faith other than for resale, that the vehicle or equipment—
(A) contains a defect related to motor vehicle safety
about which notice was given under section 30118(c) of
this title or an order was issued under section 30118(b)
of this title; or
(B) does not comply with an applicable motor vehicle
safety standard prescribed under this chapter.
(b) PRIOR
NOTICE.—When practicable, the Secretary of
Transportation shall notify a person against whom a civil action
under subsection (a) of this section is planned, give the person
an opportunity to present that person’s views, and, except for a
knowing and willful violation of this chapter, give the person a
reasonable opportunity to remedy the defect or comply with the
applicable motor vehicle safety standard prescribed under this chap-
ter. Failure to give notice and an opportunity to remedy the defect
or comply with the applicable motor vehicle safety standard pre-
H. R. 1758—224
scribed under this chapter does not prevent a court from granting
appropriate relief.
(c) VENUE.—Except as provided in section 30121(d) of this
title, a civil action under this section or section 30165(a) of this
title may be brought in the judicial district in which the violation
occurred or the defendant is found, resides, or does business. Process
in the action may be served in any other judicial district in which
the defendant resides or is found.
(d) JURY TRIAL DEMAND.—In a trial for criminal contempt
for violating an injunction or restraining order issued under sub-
section (a) of this section, the violation of which is also a violation
of this chapter, the defendant may demand a jury trial. The defend-
ant shall be tried as provided in rule 42(b) of the Federal Rules
of Criminal Procedure (18 App. U.S.C.).
(e) SUBPENAS FOR WITNESSES.—In a civil action brought under
this section, a subpena for a witness may be served in any judicial
district.
§ 30164. Service of process
(a) DESIGNATING AGENTS.—A manufacturer offering a motor
vehicle or motor vehicle equipment for import shall designate an
agent on whom service of notices and process in administrative
and judicial proceedings may be made. The designation shall be
in writing and filed with the Secretary of Transportation. The
designation may be changed in the same way as originally made.
(b) SERVICE.—An agent may be served at the agent’s office
or usual place of residence. Service on the agent is deemed to
be service on the manufacturer. If a manufacturer does not des-
ignate an agent, service may be made by posting the notice or
process in the office of the Secretary.
§ 30165. Civil penalty
(a) PENALTY.—A person that violates section 30112, 30115,
30117–30122, 30123(d), 30125(c), 30127, 30141–30147, or 30166
of this title or a regulation prescribed under those sections is
liable to the United States Government for a civil penalty of not
more than $1,000 for each violation. A separate violation occurs
for each motor vehicle or item of motor vehicle equipment and
for each failure or refusal to allow or perform an act required
by those sections. The maximum penalty under this subsection
for a related series of violations is $800,000.
(b) COMPROMISE AND SETOFF.—(1) The Secretary of Transpor-
tation may compromise the amount of a civil penalty imposed
under this section.
(2) The Government may deduct the amount of a civil penalty
imposed or compromised under this section from amounts it owes
the person liable for the penalty.
(c) CONSIDERATIONS.—In determining the amount of a civil
penalty or compromise, the appropriateness of the penalty or com-
promise to the size of the business of the person charged and
the gravity of the violation shall be considered.
(d) SUBPENAS FOR WITNESSES.—In a civil action brought under
this section, a subpena for a witness may be served in any judicial
district.
H. R. 1758—225
§ 30166. Inspections, investigations, and records
(a) DEFINITION.—In this section, ‘‘motor vehicle accident’’ means
an occurrence associated with the maintenance or operation of
a motor vehicle or motor vehicle equipment resulting in personal
injury, death, or property damage.
(b) AUTHORITY TO INSPECT
AND INVESTIGATE.—(1) The Sec-
retary of Transportation may conduct an inspection or investiga-
tion—
(A) that may be necessary to enforce this chapter or a
regulation prescribed or order issued under this chapter; or
(B) related to a motor vehicle accident and designed to
carry out this chapter.
(2) The Secretary of Transportation shall cooperate with State
and local officials to the greatest extent possible in an inspection
or investigation under paragraph (1)(B) of this subsection.
(c) MATTERS THAT CAN BE INSPECTED AND IMPOUNDMENT.—
In carrying out this chapter, an officer or employee designated
by the Secretary of Transportation—
(1) at reasonable times, may inspect and copy any record
related to this chapter;
(2) on request, may inspect records of a manufacturer,
distributor, or dealer to decide whether the manufacturer,
distributor, or dealer has complied or is complying with this
chapter or a regulation prescribed or order issued under this
chapter; and
(3) at reasonable times, in a reasonable way, and on display
of proper credentials and written notice to an owner, operator,
or agent in charge, may—
(A) enter and inspect with reasonable promptness
premises in which a motor vehicle or motor vehicle equip-
ment is manufactured, held for introduction in interstate
commerce, or held for sale after introduction in interstate
commerce;
(B) enter and inspect with reasonable promptness
premises at which a vehicle or equipment involved in a
motor vehicle accident is located;
(C) inspect with reasonable promptness that vehicle
or equipment; and
(D) impound for not more than 72 hours a vehicle
or equipment involved in a motor vehicle accident.
(d) REASONABLE COMPENSATION.—When a motor vehicle (except
a vehicle subject to subchapter II of chapter 105 of this title)
or motor vehicle equipment is inspected or temporarily impounded
under subsection (c)(3) of this section, the Secretary of Transpor-
tation shall pay reasonable compensation to the owner of the vehicle
if the inspection or impoundment results in denial of use, or reduc-
tion in value, of the vehicle.
(e) RECORDS
AND
MAKING
REPORTS.—The Secretary of
Transportation reasonably may require a manufacturer of a motor
vehicle or motor vehicle equipment to keep records, and a manufac-
turer, distributor, or dealer to make reports, to enable the Secretary
to decide whether the manufacturer, distributor, or dealer has
complied or is complying with this chapter or a regulation prescribed
or order issued under this chapter. This subsection does not impose
a recordkeeping requirement on a distributor or dealer in addition
to those imposed under subsection (f) of this section and section
H. R. 1758—226
30117(b) of this title or a regulation prescribed or order issued
under subsection (f) or section 30117(b).
(f) PROVIDING COPIES
OF COMMUNICATIONS ABOUT DEFECTS
AND NONCOMPLIANCE.—A manufacturer shall give the Secretary
of Transportation a true or representative copy of each communica-
tion to the manufacturer’s dealers or to owners or purchasers of
a motor vehicle or replacement equipment produced by the manufac-
turer about a defect or noncompliance with a motor vehicle safety
standard prescribed under this chapter in a vehicle or equipment
that is sold or serviced.
(g) ADMINISTRATIVE AUTHORITY ON REPORTS, ANSWERS, AND
HEARINGS.—(1) In carrying out this chapter, the Secretary of
Transportation may—
(A) require, by general or special order, any person to
file reports or answers to specific questions, including reports
or answers under oath; and
(B) conduct hearings, administer oaths, take testimony,
and require (by subpena or otherwise) the appearance and
testimony of witnesses and the production of records the Sec-
retary considers advisable.
(2) A witness summoned under this subsection is entitled to
the same fee and mileage the witness would have been paid in
a court of the United States.
(h) CIVIL ACTIONS TO ENFORCE AND VENUE.—A civil action
to enforce a subpena or order under subsection (g) of this section
may be brought in the United States district court for the judicial
district in which the proceeding is conducted. The court may punish
a failure to obey an order of the court to comply with a subpena
or order as a contempt of court.
(i) GOVERNMENTAL COOPERATION.—The Secretary of Transpor-
tation may request a department, agency, or instrumentality of
the United States Government to provide records the Secretary
considers necessary to carry out this chapter±. The head of the
department, agency, or instrumentality shall provide the record
on request, may detail personnel on a reimbursable basis, and
otherwise shall cooperate with the Secretary. This subsection does
not affect a law limiting the authority of a department, agency,
or instrumentality to provide information to another department,
agency, or instrumentality.
(j) COOPERATION OF SECRETARY.—The Secretary of Transpor-
tation may advise, assist, and cooperate with departments, agencies,
and instrumentalities of the Government, States, and other public
and private agencies in developing a method for inspecting and
testing to determine compliance with a motor vehicle safety
standard.
(k) PROVIDING INFORMATION.—The Secretary of Transportation
shall provide the Attorney General and, when appropriate, the
Secretary of the Treasury, information obtained that indicates a
violation of this chapter or a regulation prescribed or order issued
under this chapter.
§ 30167. Disclosure of information by the Secretary of
Transportation
(a) CONFIDENTIALITY OF INFORMATION.—Information obtained
under this chapter related to a confidential matter referred to
in section 1905 of title 18 may be disclosed only in the following
ways:
H. R. 1758—227
(1) to other officers and employees carrying out this
chapter.
(2) when relevant to a proceeding under this chapter.
(3) to the public if the confidentiality of the information
is preserved.
(4) to the public when the Secretary of Transportation
decides that disclosure is necessary to carry out section 30101
of this title.
(b) DEFECT
AND NONCOMPLIANCE INFORMATION.—Subject to
subsection (a) of this section, the Secretary shall disclose informa-
tion obtained under this chapter related to a defect or noncompli-
ance that the Secretary decides will assist in carrying out sections
30117(b) and 30118–30121 of this title or that is required to be
disclosed under section 30118(a) of this title. A requirement to
disclose information under this subsection is in addition to the
requirements of section 552 of title 5.
(c) INFORMATION ABOUT MANUFACTURER’S INCREASED COSTS.—
A manufacturer opposing an action of the Secretary under this
chapter because of increased cost shall submit to the Secretary
information about the increased cost, including the manufacturer’s
cost and the cost to retail purchasers, that allows the public and
the Secretary to evaluate the manufacturer’s statement. The Sec-
retary shall evaluate the information promptly and, subject to sub-
section (a) of this section, shall make the information and evaluation
available to the public. The Secretary shall publish a notice in
the Federal Register that the information is available.
(d) WITHHOLDING INFORMATION FROM CONGRESS.—This section
does not authorize information to be withheld from a committee
of Congress authorized to have the information.
§ 30168. Research, testing, development, and training
(a) GENERAL AUTHORITY.—(1) The Secretary of Transportation
shall conduct research, testing, development, and training necessary
to carry out this chapter. The research, development, testing, and
training shall include—
(A) collecting information to determine the relationship
between motor vehicle or motor vehicle equipment performance
characteristics and—
(i) accidents involving motor vehicles; and
(ii) the occurrence of death or personal injury resulting
from those accidents;
(B) obtaining experimental and other motor vehicles and
motor vehicle equipment for research or testing; and
(C) selling or otherwise disposing of test motor vehicles
and motor vehicle equipment and crediting the proceeds to
current appropriations available to carry out this chapter.
(2) The Secretary may carry out this subsection through grants
to States, interstate authorities, and nonprofit institutions.
(b) USE OF PUBLIC AGENCIES.—In carrying out this chapter,
the Secretary shall use the services, research, and testing facilities
of public agencies to the maximum extent practicable to avoid
duplication.
(c) FACILITIES.—The Secretary may plan, design, and build
a new facility or modify an existing facility to conduct research,
development, and testing in traffic safety, highway safety, and
motor vehicle safety. An expenditure of more than $100,000 for
planning, design, or construction may be made only if the planning,
H. R. 1758—228
design, or construction is approved by substantially similar resolu-
tions by the Committees on Energy and Commerce and Public
Works and Transportation of the House of Representatives and
the Committees on Commerce, Science, and Transportation and
Environment and Public Works of the Senate. To obtain that
approval, the Secretary shall submit to Congress a prospectus on
the proposed facility. The prospectus shall include—
(1) a brief description of the facility being planned,
designed, or built;
(2) the location of the facility;
(3) an estimate of the maximum cost of the facility;
(4) a statement identifying private and public agencies
that will use the facility and the contribution each agency
will make to the cost of the facility; and
(5) a justification of the need for the facility.
(d) INCREASING COSTS OF APPROVED FACILITIES.—The estimated
maximum cost of a facility approved under subsection (c) of this
section may be increased by an amount equal to the percentage
increase in construction costs from the date the prospectus is
submitted to Congress. However, the increase in the cost of the
facility may not be more than 10 percent of the estimated maximum
cost included in the prospectus. The Secretary shall decide what
increase in construction costs has occurred.
(e) AVAILABILITY
OF INFORMATION, PATENTS, AND DEVELOP-
MENTS.—When the United States Government makes more than
a minimal contribution to a research or development activity under
this chapter, the Secretary shall include in the arrangement for
the activity a provision to ensure that all information, patents,
and developments related to the activity are available to the public.
However, the owner of a background patent may not be deprived
of a right under the patent.
§ 30169. Annual reports
(a) GENERAL REPORT.—The Secretary of Transportation shall
submit to the President to submit to Congress on July 1 of each
year a report on the administration of this chapter for the prior
calendar year. The report shall include—
(1) a thorough statistical compilation of accidents and
injuries;
(2) motor vehicle safety standards in effect or prescribed
under this chapter;
(3) the degree of observance of the standards;
(4) a summary of current research grants and contracts
and a description of the problems to be considered under those
grants and contracts;
(5) an analysis and evaluation of research activities com-
pleted and technological progress achieved;
(6) enforcement actions;
(7) the extent to which technical information was given
the scientific community and consumer-oriented information
was made available to the public; and
(8) recommendations for legislation needed to promote
cooperation among the States in improving traffic safety and
strengthening the national traffic safety program.
(b) REPORT ON IMPORTING MOTOR VEHICLES.—Not later than
18 months after regulations are first prescribed under section
2(e)(1)(B) of the Imported Vehicle Safety Compliance Act of 1988,
H. R. 1758—229
the Secretary shall submit to Congress a report of the actions
taken to carry out subchapter III of this chapter and the effective-
ness of those actions, including any testing by the Secretary under
section 30146(c)(2) of this title. After the first report, the Secretary
shall submit a report to Congress under this subsection not later
than July 31 of each year.
CHAPTER 303—NATIONAL DRIVER REGISTER
Sec.
30301.
Definitions.
30302.
National Driver Register.
30303.
State participation.
30304.
Reports by chief driver licensing officials.
30305.
Access to Register information.
30306.
National Driver Register Advisory Committee.
30307.
Criminal penalties.
30308.
Authorization of appropriations.
§ 30301. Definitions
In this chapter—
(1) ‘‘alcohol’’ has the same meaning given that term in
regulations prescribed by the Secretary of Transportation.
(2) ‘‘chief driver licensing official’’ means the official in
a State who is authorized to—
(A) maintain a record about a motor vehicle operator’s
license issued by the State; and
(B) issue, deny, revoke, suspend, or cancel a motor
vehicle operator’s license issued by the State.
(3) ‘‘controlled substance’’ has the same meaning given
that term in section 102 of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. 802).
(4) ‘‘motor vehicle’’ means a vehicle, machine, tractor,
trailer, or semitrailer propelled or drawn by mechanical power
and used on public streets, roads, or highways, but does not
include a vehicle operated only on a rail line.
(5) ‘‘motor vehicle operator’s license’’ means a license issued
by a State authorizing an individual to operate a motor vehicle
on public streets, roads, or highways.
(6) ‘‘participating State’’ means a State that has notified
the Secretary under section 30303 of this title of its participa-
tion in the National Driver Register.
(7) ‘‘State’’ means a State of the United States, the District
of Columbia, Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Northern Mariana Islands, the Trust Territory
of the Pacific Islands, and any other territory or possession
of the United States.
(8) ‘‘State of record’’ means a State that has given the
Secretary a report under section 30304 of this title about an
individual who is the subject of a request for information made
under section 30305 of this title.
§ 30302. National Driver Register
(a) 
ESTABLISHMENT
AND
CONTENTS.—The 
Secretary 
of
Transportation shall establish as soon as practicable and maintain
a National Driver Register to assist chief driver licensing officials
of participating States in exchanging information about the motor
vehicle driving records of individuals. The Register shall contain
an index of the information reported to the Secretary under section
H. R. 1758—230
30304 of this title. The Register shall enable the Secretary (elec-
tronically or, until all States can participate electronically, by
United States mail)—
(1) to receive information submitted under section 30304
of this title by the chief driver licensing official of a State
of record;
(2) to receive a request for information made by the chief
driver licensing official of a participating State under section
30305 of this title;
(3) to refer the request to the chief driver licensing official
of a State of record; and
(4) in response to the request, to relay information provided
by a chief driver licensing official of a State of record to the
chief driver licensing official of a participating State, without
interception of the information.
(b) ACCURACY OF INFORMATION.—The Secretary is not respon-
sible for the accuracy of information relayed to the chief driver
licensing official of a participating State. However, the Secretary
shall maintain the Register in a way that ensures against inadvert-
ent alteration of information during a relay.
(c) TRANSITION FROM PRIOR REGISTER.—(1) The Secretary shall
provide by regulation for the orderly transition from the register
maintained under the Act of July 14, 1960 (Public Law 86–660,
74 Stat. 526), as restated by section 401 of the National Traffic
and Motor Vehicle Safety Act of 1966 (Public Law 89–563, 80
Stat. 730), to the Register maintained under this chapter.
(2)(A) The Secretary shall delete from the Register a report
or information that was compiled under the Act of July 14, 1960
(Public Law 86–660, 74 Stat. 526), as restated by section 401
of the National Traffic and Motor Vehicle Safety Act of 1966 (Public
Law 89–563, 80 Stat. 730), and transferred to the Register, after
the earlier of—
(i) the date the State of record removes it from the State’s
file;
(ii) 7 years after the date the report or information is
entered in the Register; or
(iii) the date a fully electronic Register system is estab-
lished.
(B) The report or information shall be disposed of under chapter
33 of title 44.
(3) If the chief driver licensing official of a participating State
finds that information provided for inclusion in the Register is
erroneous or is related to a conviction of a traffic offense that
subsequently is reversed, the official immediately shall notify the
Secretary. The Secretary shall provide for the immediate deletion
of the information from the Register.
(d) ASSIGNMENT OF PERSONNEL.—In carrying out this chapter,
the Secretary shall assign personnel necessary to ensure the effec-
tive operation of the Register.
§ 30303. State participation
(a) NOTIFICATION.—A State may become a participating State
under this chapter by notifying the Secretary of Transportation
of its intention to be bound by section 30304 of this title.
(b) WITHDRAWAL.—A participating State may end its status
as a participating State by notifying the Secretary of its withdrawal
from participation in the National Driver Register.
H. R. 1758—231
(c) FORM AND WAY OF NOTIFICATION.—Notification by a State
under this section shall be made in the form and way the Secretary
prescribes by regulation.
§ 30304. Reports by chief driver licensing officials
(a) INDIVIDUALS COVERED.—As soon as practicable, the chief
driver licensing official of each participating State shall submit
to the Secretary of Transportation a report containing the informa-
tion specified by subsection (b) of this section for each individual—
(1) who is denied a motor vehicle operator’s license by
that State for cause;
(2) whose motor vehicle operator’s license is revoked, sus-
pended, or canceled by that State for cause; or
(3) who is convicted under the laws of that State of any
of the following motor vehicle-related offenses or comparable
offenses:
(A) operating a motor vehicle while under the influence
of, or impaired by, alcohol or a controlled substance.
(B) a traffic violation arising in connection with a
fatal traffic accident, reckless driving, or racing on the
highways.
(C) failing to give aid or provide identification when
involved in an accident resulting in death or personal
injury.
(D) perjury or knowingly making a false affidavit or
statement to officials about activities governed by a law
or regulation on the operation of a motor vehicle.
(b) CONTENTS.—(1) Except as provided in paragraph (2) of
this subsection, a report under subsection (a) of this section shall
contain—
(A) the individual’s legal name, date of birth, sex, and,
at the Secretary’s discretion, height, weight, and eye and hair
color;
(B) the name of the State providing the information; and
(C) the social security account number if used by the State
for driver record or motor vehicle license purposes, and the
motor vehicle operator’s license number if different from the
social security account number.
(2) A report under subsection (a) of this section about an
event that occurs during the 2-year period before the State becomes
a participating State is sufficient if the report contains all of the
information that is available to the chief driver licensing official
when the State becomes a participating State.
(c) TIME FOR FILING.—If a report under subsection (a) of this
section is about an event that occurs—
(1) during the 2-year period before the State becomes a
participating State, the report shall be submitted not later
than 6 months after the State becomes a participating State;
or
(2) after the State becomes a participating State, the report
shall be submitted not later than 31 days after the motor
vehicle department of the State receives any information speci-
fied in subsection (b)(1) of this section that is the subject
of the report.
(d) EVENTS OCCURRING BEFORE PARTICIPATION.—This section
does not require a State to report information about an event
H. R. 1758—232
that occurs before the 2-year period before the State becomes a
participating State.
§ 30305. Access to Register information
(a) REFERRALS OF INFORMATION REQUESTS.—(1) To carry out
duties related to driver licensing, driver improvement, or transpor-
tation safety, the chief driver licensing official of a participating
State may request the Secretary of Transportation to refer, elec-
tronically or by United States mail, a request for information about
the motor vehicle driving record of an individual to the chief driver
licensing official of a State of record.
(2) The Secretary of Transportation shall relay, electronically
or by United States mail, information received from the chief driver
licensing official of a State of record in response to a request
under paragraph (1) of this subsection to the chief driver licensing
official of the participating State requesting the information. How-
ever, the Secretary may refuse to relay information to the chief
driver licensing official of a participating State that does not comply
with section 30304 of this title.
(b) REQUESTS TO OBTAIN INFORMATION.—(1) The Chairman
of the National Transportation Safety Board and the Administrator
of the Federal Highway Administration may request the chief driver
licensing official of a State to obtain information under subsection
(a) of this section about an individual who is the subject of an
accident investigation conducted by the Board or the Administrator.
The Chairman and the Administrator may receive the information.
(2) An individual who is employed, or is seeking employment,
as a driver of a motor vehicle may request the chief driver licensing
official of the State in which the individual is employed or seeks
employment to provide information about the individual under sub-
section (a) of this section to the individual’s employer or prospective
employer. An employer or prospective employer may receive the
information and shall make the information available to the individ-
ual. Information may not be obtained from the National Driver
Register under this paragraph if the information was entered in
the Register more than 3 years before the request.
(3) An individual who has received, or is applying for, an
airman’s certificate may request the chief driver licensing official
of a State to provide information about the individual under sub-
section (a) of this section to the Administrator of the Federal Avia-
tion Administration. The Administrator may receive the information
and shall make the information available to the individual for
review and written comment. The Administrator may use the
information to verify information required to be reported to the
Administrator by an airman applying for an airman medical certifi-
cate and to evaluate whether the airman meets the minimum
standards prescribed by the Administrator to be issued an airman
medical certificate. The Administrator may not otherwise divulge
or use the information. Information may not be obtained from
the Register under this paragraph if the information was entered
in the Register more than 3 years before the request, unless the
information is about a revocation or suspension still in effect on
the date of the request.
(4) An individual who is employed, or is seeking employment,
by a rail carrier as an operator of a locomotive may request the
chief driver licensing official of a State to provide information
about the individual under subsection (a) of this section to the
H. R. 1758—233
individual’s employer or prospective employer or to the Secretary
of Transportation. Information may not be obtained from the Reg-
ister under this paragraph if the information was entered in the
Register more than 3 years before the request, unless the informa-
tion is about a revocation or suspension still in effect on the date
of the request.
(5) An individual who holds, or is applying for, a license or
certificate of registry under section 7101 of title 46, or a merchant
mariner’s document under section 7302 of title 46, may request
the chief driver licensing official of a State to provide information
about the individual under subsection (a) of this section to the
Secretary of the department in which the Coast Guard is operating.
The Secretary may receive the information and shall make the
information available to the individual for review and written com-
ment before denying, suspending, or revoking the license, certificate,
or document of the individual based on the information and before
using the information in an action taken under chapter 77 of
title 46. The Secretary may not otherwise divulge or use the
information, except for purposes of section 7101, 7302, or 7703
of title 46. Information may not be obtained from the Register
under this paragraph if the information was entered in the Register
more than 3 years before the request, unless the information is
about a revocation or suspension still in effect on the date of
the request.
(6) An individual may request the chief driver licensing official
of a State to obtain information about the individual under sub-
section (a) of this section—
(A) to learn whether information about the individual is
being provided;
(B) to verify the accuracy of the information; or
(C) to obtain a certified copy of the information.
(7) A request under this subsection shall be made in the form
and way the Secretary of Transportation prescribes by regulation.
(c) RELATIONSHIP TO OTHER LAWS.—A request for, or receipt
of, information from the Register is subject to sections 552 and
552a of title 5, and other applicable laws of the United States
or a State, except that—
(1) the Secretary of Transportation may not relay or other-
wise provide information specified in section 30304(b)(1)(A) or
(C) of this title to a person not authorized by this section
to receive the information;
(2) a request for, or receipt of, information by a chief
driver licensing official, or by a person authorized by subsection
(b) of this section to request and receive the information, is
deemed to be a routine use under section 552a(b) of title 5;
and
(3) receipt of information by a person authorized by this
section to receive the information is deemed to be a disclosure
under section 552a(c) of title 5, except that the Secretary of
Transportation is not required to retain the accounting made
under section 552a(c)(1) for more than 7 years after the
disclosure.
(d) AVAILABILITY
OF INFORMATION PROVIDED UNDER PRIOR
LAW.—Information provided by a State under the Act of July 14,
1960 (Public Law 86–660, 74 Stat. 526), as restated by section
401 of the National Traffic and Motor Vehicle Safety Act of 1966
(Public Law 89–563, 80 Stat. 730), and under this chapter, shall
H. R. 1758—234
be available under this section during the transition from the reg-
ister maintained under that Act to the Register maintained under
this chapter.
§ 30306. National Driver Register Advisory Committee
(a) ORGANIZATION.—There is a National Driver Register
Advisory Committee.
(b) DUTIES.—The Committee shall advise the Secretary of
Transportation on—
(1) the efficiency of the maintenance and operation of the
National Driver Register; and
(2) the effectiveness of the Register in assisting States
in exchanging information about motor vehicle driving records.
(c) COMPOSITION AND APPOINTMENT.—The Committee is com-
posed of 15 members appointed by the Secretary as follows:
(1) 3 members appointed from among individuals who are
specially qualified to serve on the Committee because of their
education, training, or experience, and who are not officers
or employees of the United States Government or a State.
(2) 3 members appointed from among groups outside the
Government that represent the interests of bus and trucking
organizations, enforcement officials, labor, or safety organiza-
tions.
(3) 9 members, geographically representative of the partici-
pating States, appointed from among individuals who are chief
driver licensing officials of participating States.
(d) TERMS.—(1) Except as provided in paragraph (2) of this
subsection, the term of each member is 3 years.
(2) A vacancy on the Committee shall be filled in the same
way as an original appointment. A member appointed to fill a
vacancy serves for the remainder of the term of that member’s
predecessor. After a member’s term ends, the member may continue
to serve until a successor takes office.
(e) PAY AND EXPENSES.—Members of the Committee serve with-
out pay. However, the Secretary may reimburse a member for
reasonable travel expenses incurred by the member in attending
meetings of the Committee.
(f) MEETINGS, CHAIRMAN, VICE CHAIRMAN, AND QUORUM.—(1)
The Committee shall meet at least once a year.
(2) The Committee shall elect a Chairman and a Vice Chairman
from among its members.
(3) Eight members are a quorum.
(4) The Committee shall meet at the call of the Chairman
or a majority of the members.
(g) PERSONNEL AND SERVICES.—The Secretary may provide the
Committee with personnel, penalty mail privileges, and similar
services the Secretary considers necessary to assist the Committee
in carrying out its duties and powers under this section.
(h) REPORTS.—At least once a year, the Committee shall submit
to the Secretary a report on the matters specified in subsection
(b) of this section. The report shall include any recommendations
of the Committee for changes in the Register.
(i) RELATIONSHIP TO OTHER LAWS.—The Committee is exempt
from sections 10(e) and (f) and 14 of the Federal Advisory Commit-
tee Act (5 App. U.S.C.).
H. R. 1758—235
§ 30307. Criminal penalties
(a) GENERAL
PENALTY.—A person (except an individual
described in section 30305(b)(6) of this title) shall be fined under
title 18, imprisoned for not more than one year, or both, if—
(1) the person receives under section 30305 of this title
information specified in section 30304(b)(1)(A) or (C) of this
title;
(2) disclosure of the information is not authorized by section
30305 of this title; and
(3) the person willfully discloses the information knowing
that disclosure is not authorized.
(b) INFORMATION PENALTY.—A person knowingly and willfully
requesting, or under false pretenses obtaining, information specified
in section 30304(b)(1)(A) or (C) of this title from a person receiving
the information under section 30305 of this title shall be fined
under title 18, imprisoned for not more than one year, or both.
§ 30308. Authorization of appropriations
(a) GENERAL.—The Secretary of Transportation shall make
available from amounts made available to carry out section 402
of title 23 $4,000,000 for each of the fiscal years ending September
30, 1993, and September 30, 1994, to carry out this chapter.
(b) AVAILABILITY OF AMOUNTS.—Amounts appropriated under
this section remain available until expended.
CHAPTER 305—NATIONAL AUTOMOBILE TITLE
INFORMATION SYSTEM
Sec.
30501.
Definitions.
30502.
National Automobile Title Information System.
30503.
State participation.
30504.
Reporting requirements.
30505.
Penalties and enforcement.
§ 30501. Definitions
In this chapter—
(1) ‘‘automobile’’ has the same meaning given that term
in section 32901(a) of this title.
(2) ‘‘certificate of title’’ means a document issued by a
State showing ownership of an automobile.
(3) ‘‘insurance carrier’’ means an individual or entity
engaged in the business of underwriting automobile insurance.
(4) ‘‘junk automobile’’ means an automobile that—
(A) is incapable of operating on public streets, roads,
and highways; and
(B) has no value except as a source of parts or scrap.
(5) ‘‘junk yard’’ means an individual or entity engaged
in the business of acquiring or owning junk automobiles for—
(A) resale in their entirety or as spare parts; or
(B) rebuilding, restoration, or crushing.
(6) ‘‘operator’’ means the individual or entity authorized
or designated as the operator of the National Automobile Title
Information System under section 30502(b) of this title, or
the Secretary of Transportation, if there is no authorized or
designated individual or entity.
(7) ‘‘salvage automobile’’ means an automobile that is dam-
aged by collision, fire, flood, accident, trespass, or other event,
H. R. 1758—236
to the extent that its fair salvage value plus the cost of repairing
the automobile for legal operation on public streets, roads,
and highways would be more than the fair market value of
the automobile immediately before the event that caused the
damage.
(8) ‘‘salvage yard’’ means an individual or entity engaged
in the business of acquiring or owning salvage automobiles
for—
(A) resale in their entirety or as spare parts; or
(B) rebuilding, restoration, or crushing.
(9) ‘‘State’’ means a State of the United States or the
District of Columbia.
§ 30502. National Automobile Title Information System
(a) ESTABLISHMENT OR DESIGNATION.—(1) In cooperation with
the States and not later than January 31, 1996, the Secretary
of Transportation shall establish a National Automobile Title
Information System that will provide individuals and entities
referred to in subsection (e) of this section with instant and reliable
access to information maintained by the States related to auto-
mobile titling described in subsection (d) of this section. However,
if the Secretary decides that the existing information system meets
the requirements of subsections (d) and (e) of this section and
will permit the Secretary to carry out this chapter as early as
possible, the Secretary, in consultation with the Attorney General,
may designate an existing information system as the National
Automobile Title Information System.
(2) In cooperation with the Attorney General and the States,
the Secretary shall ascertain the extent to which title and related
information to be included in the system established under para-
graph (1) of this subsection will be adequate, timely, reliable, uni-
form, and capable of assisting in efforts to prevent the introduction
or reintroduction of stolen vehicles and parts into interstate com-
merce.
(b) OPERATION.—The Secretary may authorize the operation
of the System established or designated under subsection (a)(1)
of this section by agreement with one or more States, or by designat-
ing, after consulting with the States, a third party that represents
the interests of the States.
(c) USER FEES.—Operation of the System established or des-
ignated under subsection (a)(1) of this section shall be paid for
by user fees and should be self-sufficient and not be dependent
on amounts from the United States Government. The amount of
fees the operator collects and keeps under this subsection subject
to annual appropriation laws, excluding fees the operator collects
and pays to an entity providing information to the operator, may
be not more than the costs of operating the System.
(d) INFORMATION REQUIREMENTS.—The System established or
designated under subsection (a)(1) of this section shall permit a
user of the System at least to establish instantly and reliably—
(1) the validity and status of a document purporting to
be a certificate of title;
(2) whether an automobile bearing a known vehicle identi-
fication number is titled in a particular State;
(3) whether an automobile known to be titled in a particular
State is or has been a junk automobile or a salvage automobile;
H. R. 1758—237
(4) for an automobile known to be titled in a particular
State, the odometer mileage disclosure required under section
32705 of this title for that automobile on the date the certificate
of title for that automobile was issued and any later mileage
information, if noted by the State; and
(5) whether an automobile bearing a known vehicle identi-
fication number has been reported as a junk automobile or
a salvage automobile under section 30504 of this title.
(e) AVAILABILITY OF INFORMATION.—(1) The operator shall make
available—
(A) to a participating State on request of that State,
information in the System about any automobile;
(B) to a Government, State, or local law enforcement official
on request of that official, information in the System about
a particular automobile, junk yard, or salvage yard;
(C) to a prospective purchaser of an automobile on request
of that purchaser, including an auction company or entity
engaged in the business of purchasing used automobiles,
information in the System about that automobile; and
(D) to a prospective or current insurer of an automobile
on request of that insurer, information in the System about
that automobile.
(2) The operator may release only the information reasonably
necessary to satisfy the requirements of paragraph (1) of this sub-
section. The operator may not collect an individual’s social security
account number or permit users of the System to obtain an individ-
ual’s address or social security account number.
§ 30503. State participation
(a) STATE
INFORMATION.—Each State shall make titling
information maintained by that State available for use in operating
the National Automobile Title Information System established or
designated under section 30502 of this title.
(b) VERIFICATION CHECKS.—Each State shall establish a prac-
tice of performing an instant title verification check before issuing
a certificate of title to an individual or entity claiming to have
purchased an automobile from an individual or entity in another
State. The check shall consist of—
(1) communicating to the operator—
(A) the vehicle identification number of the automobile
for which the certificate of title is sought;
(B) the name of the State that issued the most recent
certificate of title for the automobile; and
(C) the name of the individual or entity to whom the
certificate of title was issued; and
(2) giving the operator an opportunity to communicate to
the participating State the results of a search of the informa-
tion.
(c) GRANTS
TO STATES.—(1) In cooperation with the States
and not later than January 1, 1994, the Secretary of Transportation
shall—
(A) conduct a review of systems used by the States to
compile and maintain information about the titling of auto-
mobiles; and
(B) determine for each State the cost of making titling
information maintained by that State available to the operator
to meet the requirements of section 30502(d) of this title.