dreamproit/uscode huggingface dataset:
49 U.S.C. § 5124 (TRANSPORTATION)
§ 5124. Criminal penalty
(a) In General.—
A person knowingly violating section 5104(b) or willfully or recklessly violating this chapter or a regulation, order, special permit, or approval issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to any person.
(b) Knowing Violations.—
For purposes of this section—
(1) a person acts knowingly when—
(A) the person has actual knowledge of the facts giving rise to the violation; or
(B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; and
(2) knowledge of the existence of a statutory provision, or a regulation or a requirement required by the Secretary, is not an element of an offense under this section.
(c) Willful Violations.—
For purposes of this section, a person acts willfully when—
(1) the person has knowledge of the facts giving rise to the violation; and
(2) the person has knowledge that the conduct was unlawful.
(d) Reckless Violations.—
For purposes of this section, a person acts recklessly when the person displays a deliberate indifference or conscious disregard to the consequences of that person’s conduct.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 781; Pub. L. 109–59, title VII, § 7121, Aug. 10, 2005, 119 Stat. 1906.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
5124
49 App.:1809(b).
Jan. 3, 1975, Pub. L. 93–633, § 110(b), 88 Stat. 2161; restated Nov. 16, 1990, Pub. L. 101–615, § 12(b), 104 Stat. 3259.
heading: Amendments
text: 2005—Pub. L. 109–59 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “A person knowingly violating section 5104(b) of this title or willfully violating this chapter or a regulation prescribed or order issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both.”
49 U.S.C. § 5127 (TRANSPORTATION)
§ 5127. Judicial review
(a) Filing and Venue.—
Except as provided in section 20114(c), a person adversely affected or aggrieved by a final action of the Secretary under this chapter may petition for review of the final action in the United States Court of Appeals for the District of Columbia or in the court of appeals for the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not more than 60 days after the Secretary’s action becomes final.
(b) Judicial Procedures.—
When a petition is filed under subsection (a), the clerk of the court immediately shall send a copy of the petition to the Secretary. The Secretary shall file with the court a record of any proceeding in which the final action was issued, as provided in section 2112 of title 28.
(c) Authority of Court.—
The court has exclusive jurisdiction, as provided in subchapter II of chapter 5 of title 5, to affirm or set aside any part of the Secretary’s final action and may order the Secretary to conduct further proceedings.
(d) Requirement for Prior Objection.—
In reviewing a final action under this section, the court may consider an objection to a final action of the Secretary only if the objection was made in the course of a proceeding or review conducted by the Secretary or if there was a reasonable ground for not making the objection in the proceeding.
(Added Pub. L. 109–59, title VII, § 7123(b), Aug. 10, 2005, 119 Stat. 1907.)
heading: Prior Provisions
text: A prior section 5127 was renumbered section 5128 of this title.
49 U.S.C. § 5306 (TRANSPORTATION)
§ 5306. Private enterprise participation in metropolitan planning and transportation improvement programs and relationship to other limitations
(a) Private Enterprise Participation.—
A plan or program required by section 5303, 5304, or 5305 of this title shall encourage to the maximum extent feasible, as determined by local policies, criteria, and decisionmaking, the participation of private enterprise. If equipment or a facility already being used in an urban area is to be acquired under this chapter, the program shall provide that it be improved so that it will better serve the transportation needs of the area.
(b) Relationship to Other Limitations.—
Sections 5303–5305 of this title do not authorize—
(1) a metropolitan planning organization to impose a legal requirement on a transportation facility, provider, or project not eligible under this chapter or title 23; and
(2) intervention in the management of a transportation authority.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 795; Pub. L. 109–59, title III, § 3008, Aug. 10, 2005, 119 Stat. 1568.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
5306(a)
49 App.:1607(o).
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 8(o); added Nov. 6, 1978, Pub. L. 95–599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, § 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, § 3012, 105 Stat. 2105.
5306(b)
49 App.:1607(m).
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 8(m); added Nov. 6, 1978, Pub. L. 95–599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, § 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, § 3012, 105 Stat. 2104; Oct. 6, 1992, Pub. L. 102–388, § 502(g), 106 Stat. 1566.
In subsection (a), the words “(through modernization, extension, addition, or otherwise)” are omitted as surplus.
heading: Amendments
text: 2005—Subsec. (a). Pub. L. 109–59 inserted “, as determined by local policies, criteria, and decisionmaking,” after “feasible”.
49 U.S.C. § 5308 (TRANSPORTATION)
[§ 5308. Repealed. Pub. L. 112–141, div. B, § 20002(a), July 6, 2012, 126 Stat. 622]
text: Section, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 800; Pub. L. 105–178, title III, § 3008(a), (c), June 9, 1998, 112 Stat. 348; Pub. L. 105–206, title IX, § 9009(f), July 22, 1998, 112 Stat. 855; Pub. L. 109–59, title III, § 3010(a), Aug. 10, 2005, 119 Stat. 1572, related to a grant program for clean fuel buses.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
heading: National Fuel Cell Bus Technology Development Program
text: Pub. L. 109–59, title III, § 3045, Aug. 10, 2005, 119 Stat. 1705, which provided for the establishment of a national fuel cell bus technology development program, was repealed by Pub. L. 112–141, div. B, § 20002(c)(4), July 6, 2012, 126 Stat. 622.
49 U.S.C. § 5316, 5317 (TRANSPORTATION)
[§§ 5316, 5317. Repealed. Pub. L. 112–141, div. B, § 20002(a), July 6, 2012, 126 Stat. 622]
text: Section 5316, added Pub. L. 109–59, title III, § 3018(a), Aug. 10, 2005, 119 Stat. 1601, related to job access and reverse commute formula grants.
text: A prior section 5316, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 814; Pub. L. 104–59, title III, § 338(c)(5), Nov. 28, 1995, 109 Stat. 605, related to university research institutes, prior to repeal by Pub. L. 105–178, title V, § 5110(c), June 9, 1998, 112 Stat. 444.
text: Section 5317, added Pub. L. 109–59, title III, § 3019(a), Aug. 10, 2005, 119 Stat. 1605, related to the New Freedom grant program to assist individuals with disabilites with public transportation.
text: A prior section 5317, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 815; Pub. L. 104–287, § 5(14), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, § 3029(b)(7), June 9, 1998, 112 Stat. 372, related to transportation centers, prior to repeal by Pub. L. 105–178, title V, § 5110(c), June 9, 1998, 112 Stat. 444.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
49 U.S.C. § 5319 (TRANSPORTATION)
§ 5319. Bicycle facilities
A project to provide access for bicycles to public transportation facilities, to provide shelters and parking facilities for bicycles in or around public transportation facilities, or to install equipment for transporting bicycles on public transportation vehicles is a capital project eligible for assistance under sections 5307, 5309, and 5311 of this title. Notwithstanding sections 5307(d), 5309(l), and 5311(g), a grant made by the Government under this chapter for a project made eligible by this section is for 90 percent of the cost of the project, except that, if the grant or any portion of the grant is made with funds required to be expended under section 5307(d)(1)(K) and the project involves providing bicycle access to public transportation, that grant or portion of that grant shall be at a Federal share of 95 percent.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 818; Pub. L. 105–178, title III, § 3019, June 9, 1998, 112 Stat. 362; Pub. L. 109–59, title III, § 3002(b)(4), Aug. 10, 2005, 119 Stat. 1545; Pub. L. 110–244, title II, § 201(h), June 6, 2008, 122 Stat. 1610; Pub. L. 112–141, div. B, § 20030(c), July 6, 2012, 126 Stat. 730.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
5319
49 App.:1621.
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 25; added Apr. 2, 1987, Pub. L. 100–17, § 326, 101 Stat. 237.
The words “For purposes of this chapter” and “racks or other” are omitted as surplus. The word “grant” is substituted for “share” for consistency in this chapter.
heading: Amendments
text: 2012—Pub. L. 112–141 substituted “sections 5307(e), 5309(h), and 5311(g) of this title” for “sections 5307(d), 5309(l), and 5311(g)” and “made by the” for “of the United States”.
2008—Pub. L. 110–244 substituted “section 5307(d)(1)(K)” for “section 5307(k)”.
2005—Pub. L. 109–59 substituted “public transportation” for “mass transportation” wherever appearing.
1998—Pub. L. 105–178 substituted “made eligible by this section is for 90 percent of the cost of the project, except that, if the grant or any portion of the grant is made with funds required to be expended under section 5307(k) and the project involves providing bicycle access to mass transportation, that grant or portion of that grant shall be at a Federal share of 95 percent” for “under this section is for 90 percent of the cost of the project”.
heading: Effective Date of 2012 Amendment
text: Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
49 U.S.C. § 5320 (TRANSPORTATION)
[§ 5320. Repealed. Pub. L. 112–141, div. B, § 20002(a), July 6, 2012, 126 Stat. 622]
text: Section, added Pub. L. 109–59, title III, § 3021(a), Aug. 10, 2005, 119 Stat. 1608; amended Pub. L. 110–244, title II, § 201(i), June 6, 2008, 122 Stat. 1610, related to alternative transportation in parks and public lands.
text: A prior section 5320, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 818; Pub. L. 103–429, § 6(9), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 105–178, title III, § 3009(h)(3)(A), June 9, 1998, 112 Stat. 356; Pub. L. 105–206, title IX, § 9009(h)(1), July 22, 1998, 112 Stat. 856, related to construction of a suspended light rail system technology pilot project, prior to repeal by Pub. L. 109–59, title III, § 3021(a), Aug. 10, 2005, 119 Stat. 1608.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
49 U.S.C. § 5321 (TRANSPORTATION)
§ 5321. Crime prevention and security
The Secretary of Transportation may make capital grants from amounts available under section 5338 of this title to public transportation systems for crime prevention and security. This chapter does not prevent the financing of a project under this section when a local governmental authority other than the grant applicant has law enforcement responsibilities.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 820; Pub. L. 109–59, title III, § 3002(b)(4), Aug. 10, 2005, 119 Stat. 1545.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
5321
49 App.:1620.
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 24; added Apr. 2, 1987, Pub. L. 100–17, § 325, 101 Stat. 237.
heading: Amendments
text: 2005—Pub. L. 109–59 substituted “public transportation” for “mass transportation”.
heading: Regulations
text: Pub. L. 109–59, title III, § 3028(c), Aug. 10, 2005, 119 Stat. 1624, provided that: “Not later than 180 days after the date of enactment of this Act [Aug. 10, 2005], the Secretary [of Transportation] and the Secretary of Homeland Security shall issue jointly final regulations to establish the characteristics of and requirements for public transportation security grants, including funding priorities, eligible activities, methods for awarding grants, and limitations on administrative expenses.”
heading: Public Transportation Security
text: Pub. L. 109–59, title III, § 3028(b), Aug. 10, 2005, 119 Stat. 1624, provided that:
“(1) In general.—
Not later than 45 days after the date of enactment of this Act [Aug. 10, 2005], the Secretary [of Transportation] shall execute an annex to the memorandum of understanding between the Secretary and the Secretary of Homeland Security, dated September 28, 2004, to define and clarify the respective roles and responsibilities of the Department of Transportation and the Department of Homeland Security relating to public transportation security.
“(2) Contents.—
The annex to be executed under paragraph (1) shall—
“(A) establish a process to develop security standards for public transportation agencies;
“(B) create a method of direct coordination with public transportation agencies on security matters;
“(C) address any other issues determined to be appropriate by the Secretary and the Secretary of Homeland Security; and
“(D) include a formal and permanent mechanism to ensure coordination and involvement by the Department of Transportation, as appropriate, in public transportation security.”
49 U.S.C. § 5328 (TRANSPORTATION)
[§ 5328. Repealed. Pub. L. 112–141, div. B, § 20002(a), July 6, 2012, 126 Stat. 622]
text: Section, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 828; Pub. L. 104–205, title III, § 336, Sept. 30, 1996, 110 Stat. 2974; Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–178, title III, § 3009(h)(2), (3)(B), (C), June 9, 1998, 112 Stat. 356; Pub. L. 105–206, title IX, § 9009(h)(2), (3), July 22, 1998, 112 Stat. 856; Pub. L. 109–59, title III, § 3027, Aug. 10, 2005, 119 Stat. 1623, related to project review and advancement by the Secretary.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
49 U.S.C. § 5502 (TRANSPORTATION)
§ 5502. Intermodal Transportation Advisory Board
(a) Organization.—
The Intermodal Transportation Advisory Board is a board in the Office of the Secretary of Transportation.
(b) Membership.—
The Board consists of the Secretary, who serves as chairman, and the Administrator, or the Administrator’s designee, of—
(1) the Federal Highway Administration;
(2) the Federal Aviation Administration;
(3) the Maritime Administration;
(4) the Federal Railroad Administration;
(5) the Federal Transit Administration; and
(6) the Federal Motor Carrier Safety Administration.
(c) Duties and Powers.—
The Board shall provide recommendations for carrying out the duties of the Secretary described in section 301(3) of this title.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 849; Pub. L. 109–59, title IV, § 4145(a), Aug. 10, 2005, 119 Stat. 1749.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
5502
49:301 (note).
Dec. 18, 1991, Pub. L. 102–240, § 5002(b), 105 Stat. 2158.
heading: Amendments
text: 2005—Subsec. (b)(6). Pub. L. 109–59 added par. (6).
heading: Termination of Advisory Boards
text: Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by Congress, its duration is otherwise provided by law. See sections 3(2), and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.
49 U.S.C. § 5504 (TRANSPORTATION)
§ 5504. Model intermodal transportation plans
(a) Grants.—
The Secretary of Transportation shall make grants to States to develop model State intermodal transportation plans that are consistent with the policy set forth in section 302(e) of this title. The model plans shall include systems for collecting data related to intermodal transportation.
(b) Distribution.—
The Secretary shall award grants to States under this section that represent a variety of geographic regions and transportation needs, patterns, and modes.
(c) Plan Submission.—
As a condition to a State receiving a grant under this section, the Secretary shall require that the State provide assurances that the State will submit to the Secretary a State intermodal transportation plan not later than 18 months after the date of receipt of the grant.
(d) Grant Amounts.—
The Secretary shall reserve, from amounts deducted under section 104(a) of title 23, $3,000,000 to make grants under this section. The total amount that a State may receive in grants under this section may not be more than $500,000.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 850.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
5504
49:301 (note).
Dec. 18, 1991, Pub. L. 102–240, § 5003, 105 Stat. 2159.
49 U.S.C. § 5506 (TRANSPORTATION)
[§ 5506. Repealed. Pub. L. 112–141, div. E, title II, § 52010(a), July 6, 2012, 126 Stat. 887]
text: Section, added Pub. L. 105–178, title V, § 5111(a), June 9, 1998, 112 Stat. 444; amended Pub. L. 109–59, title V, § 5402(a), Aug. 10, 2005, 119 Stat. 1815; Pub. L. 110–244, title I, §§ 111(g)(3), 116, June 6, 2008, 122 Stat. 1605, 1607, related to grants for university transportation research.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
49 U.S.C. § 5561 (TRANSPORTATION)
§ 5561. Definition
In this chapter, “civic and cultural activities” includes libraries, musical and dramatic presentations, art exhibits, adult education programs, public meeting places, and other facilities for carrying on an activity any part of which is supported under a law of the United States.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 851.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
5561
49 App.:1653(i)(10).
Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, § 4(i)(10); added Oct. 28, 1974, Pub. L. 93–496, §§ 6, 15, 88 Stat. 1530, 1533; Feb. 5, 1976, Pub. L. 94–210, § 707(3), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, § 206(a), 94 Stat. 412.
In this chapter, both sections 6 and 15 of the Amtrak Improvement Act (Public Law 93–496, 88 Stat. 1528, 1533) are listed as source credits for the addition of section 4(i) to the Department of Transportation Act (Public Law 89–670, 80 Stat. 931). This is done to conform to the probable intent of Congress as evidenced by the directory language of section 15 of the Act of October 28, 1974.
In this section, the words “for community groups, convention visitors and others” are omitted as unnecessary.
49 U.S.C. § 5562 (TRANSPORTATION)
§ 5562. Assistance projects
(a) Requirements To Provide Assistance.—
The Secretary of Transportation shall provide financial, technical, and advisory assistance under this chapter to—
(1) promote, on a feasibility demonstration basis, the conversion of at least 3 rail passenger terminals into intermodal transportation terminals;
(2) preserve rail passenger terminals that reasonably are likely to be converted or maintained pending preparation of plans for their reuse;
(3) acquire and use space in suitable buildings of historic or architectural significance but only if use of the space is feasible and prudent when compared to available alternatives; and
(4) encourage State and local governments, local and regional transportation authorities, common carriers, philanthropic organizations, and other responsible persons to develop plans to convert rail passenger terminals into intermodal transportation terminals and civic and cultural activity centers.
(b) Effect on Eligibility.—
This chapter does not affect the eligibility of any rail passenger terminal for preservation or reuse assistance under another program or law.
(c) Acquiring Space.—
The Secretary may acquire space under subsection (a)(3) of this section only after consulting with the Advisory Council on Historic Preservation and the Chairman of the National Endowment for the Arts.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 851.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
5562(a)
49 App.:1653(i)(1).
Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, § 4(i)(1); added Oct. 28, 1974, Pub. L. 93–496, §§ 6, 15, 88 Stat. 1528, 1533; Feb. 5, 1976, Pub. L. 94–210, § 707(1), (2), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, § 206(a), 94 Stat. 412.
5562(b)
49 App.:1653(i)(11).
Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, § 4(i)(11); added Oct. 28, 1974, Pub. L. 93–496, §§ 6, 15, 88 Stat. 1530, 1533; Feb. 5, 1976, Pub. L. 94–210, § 707(3), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, § 206(a), 94 Stat. 412.
5562(c)
49 App.:1653(i)(4).
Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, § 4(i)(4); added Feb. 5, 1976, Pub. L. 94–210, § 707(4), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, § 206(a), 94 Stat. 412.
In subsection (a)(3), the words “but only if” are substituted for “unless . . . would not” for consistency.
In subsection (a)(4), the word “encourage” is substituted for “stimulating” for clarity.
In subsection (b), the words “This chapter does not affect” are substituted for “Nothing in this subsection shall be construed to invalidate” for clarity and consistency. The words “rail passenger terminal” are substituted for “station”, and the word “law” is substituted for “statute”, for consistency.