Surface Transportation Assistance Act of 1982
PL 97-424 (H.R.6211), enacted 01/06/1983

PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2097 
Public Law 97-424 
97th Congress 
An Act 
To authorize appropriations for construction of certain highwa)^ in accordance with 
title 23, United States Code, for highway safety, for mass transportation in urban 
and rural areas, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Surface Transportation Assistance Act of 1982" 
TITLE I 
SHORT TITLE 
SEC. 101. This title may be cited as the "Highway Improvement 
Act of 1982". 
Jan. 6, 1983 
[H.R. 6211] 
Surface 
Transportation 
Assistance Act of 
1982 
23 u s e 101 note. 
Highway 
Improvement 
Act of 1982. 
23 u s e 101 note. 
REVISION OF AUTHORIZATION FOR APPROPRIATIONS FOR THE 
INTERSTATE SYSTEM 
SEC. 102. Subsection (b) of section 108 of the Federal-Aid Highway 
Act of 1956, as amended, is amended by striking out "the additional 
sum of $3,225,000,000 for the fiscal year ending September 30,1984," 
and all that follows down through the period at the end of the 
sentence and by inserting in lieu thereof the following: "the addi-
tional sum of $4,000,000,000 for the fiscal year ending September 30, 
1984, the additional sum of $4,000,000,000 for the fiscal year ending 
September 30, 1985, the additional sum of $4,000,000,000 for the 
fiscal year ending September 30, 1986, the additional sum of 
$4,000,000,000 for the fiscal year ending September 30,1987, and the 
additional sum of $4,000,000,000 for the fiscal year ending Septem-
ber 30, 1988, the additional sum of $4,000,000,000 for the fiscal year 
ending September 30,1989, and the additional sum of $4,000,000,000 
for the fiscal year ending September 30,1990.". 
Ante, p. 1611. 
MINIMUM APPORTIONMENT 
SEC. 103. (a) For each of the fiscal years 1984,1985,1986, and 1987, 23 use 104 note. 
no State, including the State of Alaska, shall receive less than one-
half of 1 per centum of the total apportionment for the Interstate 
System under section 104(b)(5)(A) of title 23, United States Code. 
Whenever amounts made available under this subsection for the 
Interstate System in any State exceed the estimated cost of complet-
ing that State's portion of the Interstate System, and exceed the 
estimated cost of necessary resurfacing, restoration, rehabilitation, 
and reconstruction of the Interstate System within such State, the 
excess amount shall be eligible for expenditure for those purposes 
for which funds apportioned under paragraphs (1), (2), and (6) of 
such section 1040b) may be expended and shall also be available for 
expenditure to carry out section 152 of title 23, United States Code. 
96 STAT. 2098 
PUBLIC LAW 97-424—JAN. 6, 1983 
Ante, p. 1611. 
(b) Section 4(b) of the Federal-Aid Highway Act of 1982 is 
23 use 1
0
4 note, repealed. 
OBUGATION CEIUNG 
23 use 104 note. 
SEC. 104. (a) Notwithstanding any other provision of law, the total 
of all obligations for Federal-aid highways and highway safety 
construction programs shall not exceed— 
(1) $12,100,000,000 for fiscal year 1983; 
(2) $12,750,000,000 for fiscal year 1984; 
(3) $13,550,000,000 for fiscal year 1985; and 
(4) $14,450,000,000 for fiscal year 1986. 
These limitations shall not apply to obligations for emergency relief 
under section 125 of title 23, United States Code, or projects covered 
under section 147 of the Surface Transportation Assistance Act of 
23 use 1
4
4 note. 1978, or section 9 of the Federal-Aid Highway Act of 1981 or section 
95 Stat. 1701. 
118 of the National Visitor Center Facilities Act of 1968. No obliga-
ifsrsis^^^^' ^^ ^^^^ constraints shall be placed upon any ongoing emergency project 
carried out under section 125 of title 23, United States Code, or 
section 147 of the Surface Transportation Assistance Act of 1978. 
(b) For each of the fiscal years 1983, 1984, 1985, and 1986, the 
Secretary of Transportation shall distribute the limitation imposed 
by subsection (a) by allocation in the ratio which sums authorized to 
be appropriated for Federal-aid highways and highway safety con-
struction which are apportioned or allocated to each State for such 
fiscal year bears to the total of the sums authorized to be appropri-
ated for Federal-aid highways and highway safety construction 
which are apportioned or allocated to all the States for such fiscal 
year. 
(c) During the period October 1 through December 31, 1982, no 
State shall obligate more than 35 per centum of the amount distrib-
uted to such State under subsection (b) for fiscal year 1983, and the 
total of all State obligations during such period shall not exceed 25 
per centum of the total amount distributed to all States under such 
subsection for such fiscal year. 
(d) Notwithstanding subsections Qy) and (c), the Secretary shall— 
(1) provide all States with authority sufficient to prevent 
lapses of sums authorized to be appropriated for Federal-aid 
highways and highway safety construction which have been 
apportioned or allocated to a State, except in those instances in 
which a State indicates its intention to lapse sums apportioned 
under section 104(bX5XA) of title 23, United States Code; 
(2) after August 1 of each of the fiscal years 1983, 1984, 1985, 
and 1986, revise a distribution of the funds made available 
under subsection 0>) for such fiscal year if a State will not 
obligate the amount distributed during such fiscal year and 
redistribute sufficient amounts to those States able to obligate 
amounts in addition to those previously distributed during such 
fiscal year giving priority to those States having large unobli-
gated balances of funds apportioned under section 104 of title 
23, United States Code, and giving priority to those States 
which, because of statutory changes made by this Act and the 
95 Stet. 1699. 
Federal-Aid Highway Act of 1981, have experienced substantial 
23 use 101 note. 
proportional reductions in their apportionments and alloca-
tions; and 
(3) not distribute amounts authorized for administrative 
expenses and forest highways. 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2099 
(eXD Section 1106(b) of the Omnibus Budget Reconciliation Act of 
1981 is repealed. 
23 use 1
0
4 note. 
(2) Section 1106(c) of the Omnibus Budget Reconciliation Act of 
1981 is amended to read as follows: 
"(c) For the fiscal year 1982, the Secretary of Transportation shall 
distribute the limitation impNOsed by subsection (a) by allocation in 
the ratio which sums authorized to be appropriated for Federal-aid 
highways and highway safety construction which are apportioned to 
each State for such fiscal year bears to the total of the sums 
authorized to be appropriated for Federal-aid highways and highway 
safety construction which are apportioned to all the States for such 
fiscal year.". 
(3) Section 1106(d) of the Omnibus Budget Reconciliation Act of 
1981 is amended by striking out "periods" and inserting in lieu 
thereof "period" and by striking out "and October 1 through Decem-
ber 31,1982,". 
(4) Section 1106(eX2) of the Omnibus Budget Reconciliation Act of 
1981 is amended by striking out "and after August 1,1983,". 
AUTHORIZATIONS 
SEC. 105. (a) For the purpose of carrjdng out the provisions of title 
23, United States CJode, the following sums are hereby authorized to 
be appropriated: 
(1) For the Federal-aid primary system in rural areas, including 
the extensions of the Federal-aid primary system in urban areas, 
and the priority primary routes, out of the Highway Trust Fund, 
$1,850,000,000 (reduced by the amount authorized by the first sen-
tence of section 4(aXl) of the Federal-Aid Highway Act of 1982) for 
Ante, p. 1611. 
the fiscal year ending September 30, 1983, $2,100,000,000 for the 
fiscal year ending September 30, 1984, $2,300,000,000 for the fiscal 
year ending September 30, 1985, and $2,450,000,000 for the fiscal 
year ending September 30, 1986. For the Federal-aid secondary 
system in rural areas, out of the Highway Trust Fund, $650,000,000 
(reduced by the amount authorized by the second sentence of section 
4(aXl) of the Federal-Aid Highway Act of 1982) for the fiscal year 
ending September 30, 1983, $650,000,000 for the fiscal year ending 
September 30, 1984, $650,000,000 for the fiscal year ending Septem-
ber 30, 1985, and $650,000,000 for the fiscal year ending Septem-
ber 30,1986. 
(2) For the Federal-aid urban system, out of the Highway Trust 
Fund, $800,000,000 (reduced by the amount authorized by section 
4(aX2) of the Federal-Aid Highway Act of 1982) for the fiscal year 
ending September 30,1983, and $800,000,000 per fiscal year for each 
of the fiscal years ending September 30, 1984, September 30, 1985, 
and September 30,1986. 
(3) For Indian reservation roads, out of the Highway Trust Fund, 
$75,000,000 for the fiscal year ending September 30, 1983, and 
$100,000,000 per fiscal year for each of the fiscal years ending 
September 30, 1984, September 30, 1985, and September 30, 1986. 
(4) For the Virgin Islands, all such sums as may be required for 
St. Thomas, V.I. 
the continued presence and operation of the office of the territorial 
representative of the Federal Highway Administration in St. 
Thomas, Virgin Islands. 
(5) For parkways and park highways, out of the Highway Trust 
Fund, $75,000,000 for the fiscal year ending September 30, 1983 and 
97-200 O-84-pt. 2 
24 : QL3 
96 STAT. 2100 
PUBLIC LAW 97-424—JAN. 6, 1983 
$100,000,000 per fiscal year for each of the fiscal years ending 
September 30, 1984, September 30, 1985, and September 30, 1986. 
(6) For the forest highways, out of the Highway Trust Fund, 
$50,000,000 (reduced by the amount authorized by section 4(aX3) of 
Ante, p. 1611. 
the Federal-Aid Highway Act of 1982) for the fiscal year ending 
September 30, 1983, and $50,000,000 per fiscal year for each of the 
fiscal years ending September 30, 1984, September 30, 1985, and 
September 30,1986. 
(7) For public lands highways, out of the Highway Trust Fund, 
$50,000,000 (reduced by the amount authorized by section 4(aX4) of 
the Federal-Aid Highway Act of 1982) for the fiscal year ending 
September 30, 1983, and $50,000,000 per fiscal year for each of the 
fiscal years ending September 30, 1984, September 30, 1985, and 
September 30,1986. 
Repeal. 
(b) Section 151 of the Federal-Aid Highway Act of 1978 is repesded. 
92 Stat. 2715. 
(c) In the case of fiscal years 1983 and 1984, each State shall, with 
respect to any Federal funds available to such State for expenditure 
on the Federal-aid primary system in excess of the amount appor-
tioned to such State under section 104(bXl) of title 23, United States 
Code, for such expenditure in fiscal year 1982, give priority consider-
ation to those priority primary routes designated in Committee 
Print Numbered 97-61 of the Committee on Public Works and 
Transportation of the House of Representatives. 
(d) Of the sums apportioned to each State under subsections (aXl) 
and (aX2) of this section for each fiscal year, beginning with fiscal 
year 1984, not less than 40 per centum of such program funds shall 
be expended by such State on projects for resurfacing, restoring, 
rehabilitating, and reconstructing existing highways unless the 
State certifies to the Secretary that such percentage of funds is in 
excess of the resurfacing, restoring, rehabilitating, and reconstruct-
ing needs of existing highways in the State and the Secretary 
accepts such certification. The requirement of the preceding sen-
tence shall apply only to that portion of a State's apportionment not 
used for reimbursing such State for bond retirement under section 
122 of title 23, United States Code, or for advance construction 
funding under section 115 of title 23, United States Code. 
Ante. p. 1611. 
(e) Section 4(a) of the Federal-Aid Highway Act of 1982 is amended 
by striking out "a joint resolution making continuing appropriations 
for such fiscal year," and inserting in lieu thereof Public Law 
97-276,". 
(f) Except to the extent that the Secretary determines otherwise, 
not less than 10 per centum of the amounts authorized to be 
appropriated under this Act shall be expended with small business 
concerns owned and controlled by socially and economically disad-
vantaged individuals as defined by section 8(d) of the Small Business 
Act (15 U.S.C. section 637(d)) and relevant subcontracting regula-
tions promulgated pursuant thereto. 
INTERSTATE RESURFACING 
SEC. 106. Section 105 of the Surface Transportation Assistance Act 
95 Stat. 1699. 
of 1978 is amended by strking out "and not to exceed $800,000,000 
for the fiscal year en(Ung September 30,1984." and inserting in lieu 
thereof "not to exceed $1,950,000,000 for the fiscal year ending 
September 30, 1984, not to exceed $2,400,000,000 for the fiscal year 
ending September 30,1985, not to exceed $2,800,000,000 for the fiscal 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2101 
year ending September 30,1986, and not to exceed $3,150,000,000 for 
the fiscal year ending September 30,1987.". 
INTERSTATE TRANSFERS 
SEC. 107. (aXD Section 103(eX4) of title 23, United States Code, is 
amended by striking out the eighth sentence and inserting in Ueu 
thereof the following: "For the fiscal year ending September 30, 
1983, $257,000,000 shall be available out of the Highway Trust Fund 
for expenditure at the discretion of the Secretary for projects under 
highway assistance programs. For the fiscal years ending September 
30, 1984, September 30, 1985, and September 30, 1986, sums 
obligated for projects under highway assistance programs shall be 
paid out of the Highway Trust Fund, and $700,000,000 shall be 
available for expenditure during each of the fiscal years ending 
September 30, 1984, and September 30, 1985, and $725,000,000 shall 
be available for expenditure during the fiscal year ending Septem-
ber 30,1986. Twenty-five per centum of the funds available from the 
Highway Trust Fund for each of the fiscal years ending September 
30,1984, September 30,1985, and September 30,1986, for substitute 
highway projects under this paragraph shall be distributed at the 
discretion of the Secretary. TTie remaining 75 per centum of such 
funds shall be apportioned in accordance with cost estimates 
approved by Congress. The Secretary shall make an estimate of the 
cost of completing substitute highway projects under this paragraph 
and transmit the same to the Senate and the House of Representa-
tives as soon as practicable after the date of enactment of this 
sentence. Upon approval of such cost estimate by Congress, the 
Secretary shall use the Federal share of such approved estimate in 
making apportionments for substitute highway projects for the 
fiscal year ending September 30, 1984. The Secretary shall make a 
revised estimate of the cost of completing substitute highway proj-
ects under this paragraph and transmit the same to the Senate and 
the House of Representatives within ten days subsequent to January 
2,1984, and upon approval by Congress, the Secretary shall use the 
Feder?l share of such approved estimate in making apportionments 
for substitute highway projects for the fiscal years ending JJeptem-
ber 30, 1985, and September 30, 1986. There are authorized to be 
appropriated for liquidation of obligations incurred imder this para-
graph the sums provided in section 4(g) of the Urban Mass Transpor-
tation Act of 1964. Fifty per centum of the funds appropriated for 
each fiscal year beginning after September 30,1983, for carrying out 
substitute transit projects under this paragraph shall be distributed 
at the discretion of the Secretary. The remaining 50 per centum of 
such funds shall be apportioned in accordance with cost estimates 
approved by Congress. The Secretary shall make an estimate of the 
cost of completing substitute transit projects under this paragraph 
and transmit the same to the Senate and the House of Representa-
tives as soon as practicable after the date of enactment of this 
sentence. Upon approval of such cost estimate by Congress, the 
Secretary shall use the Federal share of such approved estimate in 
making apportionments for substitute transit projects for the fiscal 
year ending September 30,1984. The Secretary shall make a revised 
estimate of the cost of completing substitute transit projects under 
this paragraph and transmit the same to the Senate and the House 
of Representatives within ten days subsequent to January 2, 1984, 
and upon approval by Congress, the Secretary shall use the Federal 
Substitute 
highway projtsct 
funds. 
Cost estimate, 
transmittal tci 
Congress. 
Revised cost 
estimate, 
transmittal to 
Congress. 
49 u s e 1603. 
Substitute 
transit project 
funds. 
Cost estimate, 
transmittal to 
Congress. 
Revised cost 
estimate, 
transmittal to 
Congress. 
96 STAT. 2102 
PUBLIC LAW 97-424—JAN. 6, 1983 
share of such approved estimate in making apportionments for 
substitute transit projects for the fiscal years ending September 30, 
1985, and September 30,1986.". 
(2) Section 103(eX4) of title 23, United States Code, is amended by 
striking out the sixth sentence and inserting in lieu thereof the 
following: "The sums apportioned under this paragraph for public 
mass transit projects shall remain available for the fiscal year for 
which apportioned and for the succeeding fiscal year. The sums 
available for obligation under this paragraph for projects under any 
highway assistance program shall remain available for the fiscal 
year for which apportioned and for the succeeding fiscal year. Any 
sums which are apportioned to a State for a fiscal year and are 
unobligated (other than an amount which, by itself, is insufficient to 
pay the Federal share of the cost of a substitute project which has 
been submitted by the State to the Secretary for approval) at the 
end of such fiscal year shall be apportioned among those States 
which have obligated all sums (other than such an amount) appor-
tioned to them for such fiscal year, in accordance with the latest 
approved estimate of the cost of completing the appropriate substi-
tute projects in such States.". 
(b) Section 103(eX4) of title 23, United States Code, is amended by 
adding at the end thereof the following: "Any route or segment 
thereof which was statutorily designed after March 7,1978, to be on 
the Interstate System shall not be eligible for withdrawal or substi-
tution under this subsection.". 
(cXD Section 103(eX4) of title 23, United States Code, is further 
amended by— 
(A) inserting in the second sentence after the words 
"approved by (Congress," the following: "or up to and including 
the 1983 interstate cost estimate, whichever is earlier,"; 
(B) striking out in the second sentence "the date of enactment 
of the Federal-Aid Highway Act of 1976 or" and "whichever is 
later, and in accordance with the design of the route or portion 
thereof that is the basis of the latest cost estimate"; 
(C) inserting in the second sentence after "approval of each 
substitute project under this paragraph," the following: "or the 
date of approval of the 1983 interstate cost estimate, whichever 
is earlier,'. 
23 use 103 note. 
(2) Notwithstanding any other provision of law, with respect to 
any route or portion thereof on the Interstate System approval of 
which is or has been withdrawn under section 103(eX4) of title 23, 
United States Code, in any case where the sum determined under 
the second sentence of such section is less than the cost to complete 
the withdrawn route or portion (in accordance with the design of 
such route or portion on the date of such withdrawal) as of June 30, 
1980, as a result of decreases in construction costs, the sum which 
shall be available to the Secretary under such sentence shall be an 
amount equal to such cost of completion as of June 30, 1980. 
(d) The third sentence of section 103(eX4) of title 23, United States 
Code, is amended by striking out the period and inserting in lieu 
thereof the following: ", and except that with respect to any route 
which on May 12, 1982, is under judicial injunction prohibiting its 
construction the Secretary may approve substitute projects and 
withdrawals on such route until September 30,1985.". 
(eXD The first sentence of section 103(eX4) of title 23, United 
States Code is amended by striking "which is within an urbanized 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2103 
area or which passes through and connects urbanized areas within a 
State and". 
(2) The second sentence of section 103(eX4) of title 23, United 
States Code is amended by striking "which will serve the urbanized 
area and the connecting nonurbanized area corridor from which the 
interstate route or portion thereof was withdrawn, which are 
selected by the responsible local officials of the urbanized area or 
area to be served, and which are submitted by the Governor of the 
State in which the withdrawn route was located." and inserting in 
lieu thereof, "which will serve the area or areas from which the 
interstate route or portion thereof was withdrawn, which are 
selected by the responsible local officials of the area or areas to be 
served, and which are selected by the Governor or the Grovemors of 
the State or the States in which the withdrawn route was located if 
the withdrawn route was not within an urbanized area or did not 
pass through and connect urbanized areas, and which are submitted 
by the Governors of the States in which the withdrawn route was 
located.". 
(0 The first sentence of section 122 of title 23, United States Code, 
is amended to read as follows: "Any State that shall use the 
proceeds of bonds issued by the State, county, city, or other political 
subdivision of the State for the construction of one or more projects 
on the Federal-aid primary or Interstate System, or extensions of 
any of the Federal-aid highway systems in urban areas, or for 
substitute highway projects approved under section 103(eX4) of this 
title, may claim payment of any portion of the sums apportioned to 
it for expenditure on such system or on highway projects approved 
under section 103(eX4) of this title to aid in the retirement of the 
principal of such bonds the proceeds of which were used for projects 
on the Federal-aid primary system or extensions of any of the 
Federal-aid highway systems in urban areas and the retirement of 
the principal and interest of such bonds the proceeds of which were 
used for projects on the Interstate System at their maturities, to the 
extent that the proceeds of such bonds have been actually expended 
in the construction of one or more of such projects.". 
(g) Section 107(e) of the Federal-Aid Highway Act of 1978 is 
amended by adding at the end thereof the following new sentence: 
"For purposes of this subsection, the term 'construction' has the 
me£uiing such term has under section 101(a) of title 23, United 
States Code.". 
FEDERALrAID PRIMARY FORMULA 
SEC. 108. (a) Notwithstanding section 104(bXl) of title 23, United 
States Code, and any other provision of law, amounts authorized for 
fiscal years 1983, 1984, 1985, and 1986 for the Federal-aid primary 
system (including extensions in urban areas and priority primary 
routes) shall be apportioned in accordance with this section. The 
Secretary of Transportation shall determine for each State the 
higher of (1) the amount which would be apportioned to such State 
under section 104(bXl) of title 23, United States Code, and (2) the 
amount which would be apportioned to such State under the follow-
ing formula: 
One-half in the ratio which the population of rural areas of 
each State bears to the total population of rural areas of all the 
States as shown by the latest available Federal census and one-
half in the ratio which the population in urban areas in each 
Bond proceeds 
for project 
construction, 
payment claims. 
"Construction." 
23 u s e 103 note. 
Apportionment. 
23 u s e 104 note. 
96 STAT. 2104 
PUBLIC LAW 97-424—JAN. 6, 1983 
State bears to the total population in urban areas in all the 
States as shown by the latest Federal census. 
Qoi) The Secretary of Transportation shall, for each of the fiscal 
years 1983,1984,1985, and 1986, determine the total of the amounts 
determined for each State under subsection (a) and shall determine 
the ratio which the total amount authorized for such fiscal year for 
the Federal-aid primary system bears to the total of such amounts 
determined under subsection (a) for such fiscal year. 
(c) The amount which shall be apportioned to each State for the 
Federal-aid primary system (including extensions in urban areas 
and priority primary routes) for each of the fiscal years 1983, 1984, 
1985, and 1986 shall be the amount determined for such State under 
subsection (a), multiplied by the ratio determined under subsec-
tion (b). 
(d) Notwithstanding any other provision of law, no State shgdl 
receive an apportionment under this section for any fiscal year 
which is less than the lower of (1) the amount which the State would 
be apportioned for such fiscal year under section 104(bXl) of title 23, 
United States Code, and (2) the amount which would be determined 
under the formula set forth in subsection (a). Notwithstanding any 
other provision of law, no State shall receive for any such fiscal year 
less than one-half of 1 per centum of the total apportionment under 
this section for such fiscal year. For purposes of this paragraph and 
23 use 103. 
subsection (b) of section 103 of this title, the Virgin Islands, Guam, 
American Ssmioa, and the Commonwealth of the Northern Mariana 
Islands shall be considered together as one State. The State con-
sisting of the Virgin Isleinds, Guam, American Samoa, and the 
Commonwealth of the Mariana Islands shall not receive less than 
one-half of 1 per centum of each year's apportionment. There are 
authorized to be appropriated such sums as may be necessary out of 
the Highway Trust Fund to carry out this subsection. Funds author-
ized by this subsection shall be available for obligation in the same 
manner and to the same extent as if such funds were apportioned 
23 use 101 et 
under chapter 1 of title 23, United States Code. 
*^9- 
(e) Amounts apportioned under this section shall be deemed to be 
amounts apportioned under section 104(bXl) of title 23, United 
States Code, for purposes of such title and all other provisions of 
law. Terms used in this section shall have the same meaning such 
terms have in chapter 1 of title 23, United States Code. 
(f) Section 103(bXl) of title 23, United States Code, is amended by 
striking out "or Puerto Rico" and inserting in lieu thereof "Puerto 
Rico, the Virgin Islands, Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands." 
ENERGY IMPACTED ROADS 
Projects, 
SEC. 109. (a) Section 105 of title 23, United States Code, is amended 
priority. 
^y adding at the end thereof the following new subsection: 
"(h) In preparing programs to submit in accordance with subsec-
tion (a) of this section, the State highway departments may give 
priority to projects for the reconstruction, resurfacing, restoration, 
or rehabilitation of highways which are incurring a substantial use 
as a result of transportation activities to meet national energy 
requirements and which will continue to incur such use, and in 
approving such programs the Secretary may give priority to such 
projects. . 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2105 
(b) Section 120 of title 23, United States Code, is amended by 
adding at the end thereof the following new subsection: 
"(k) Notwithstanding any other provision of this section, the Fed-
eral share payable on account of any project under this title to 
reconstruct, resurface, restore, and rehabilitate any highway which 
the Secretary determines, at the request of any State, is incurring a 
substantial use as a result of transportation activities to meet 
national energy requirements and will continue to incur such use is 
85 per centum of the cost of such project.". 
Project cost. 
Federal share. 
Post. p. 2110. 
RESURFACING STANDARDS 
SEC. 110. (a) Section 109 of title 23, United States Code, is amended 
by adding at the end thereof the following new subsection: 
"(o) It is the intent of Congress that any project for resurfacing, 
restoring, or rehabilitating any highway, other than a highway 
access to which is fully controlled, in which Federal funds partici-
pate shall be constructed in accordance with standards to preserve 
and extend the service life of highways and enhance highway 
safety.". 
Qa) The Secretary of Transportation shall enter into appropriate 
arrangements with the National Academy of Sciences (1) to conduct 
a study of the safety cost-effectiveness of geometric design criteria of 
standards currently in effect for construction and reconstruction of 
highways, other than highways access to which is fully controlled, to 
determine the most appropriate minimum standards to apply to 
resurfacing, restoration, and rehabilitation projects on such high-
ways, which study shall include a study of the cost effectiveness of 
the hot dip galvanizing process for the installation, repair, or 
replacement of exposed structural and miscellaneous steel, and (2) to 
propose standards to preserve and extend the service life of such 
highways and enhance highway safety. The National Academy of 
Sciences shall conduct such study in cooperation with the National 
Transportation Safety Board, the Congressional Budget Office, and 
the American Association of State Highway and Transportation 
Officials. Upon completion of such study, the National Academy of 
Sciences shall submit such study and its proposed standards to the 
Secretary of Transportation for review. Within ninety days after 
submission of such standards to the Secretary of Transportation, the 
Secretary shall submit such study and the proposed standards of the 
National Academy of Sciences, together with the recommendations 
of the Secretary, to Congress for approval. 
(cXD The Secretary of Transportation is directed to coordinate a 
study with the National Bureau of Standards, the American Society 
for Testing and Materials, and other organizations as deemed appro-
priate, (A) to determine the existing quality of design, construction, 
products, use, and systems for highways and bridges; (B) to deter-
mine the need for uniform standards and criteria for design, process-
ing, products, and applications, including personnel training and 
implementation of enforcement techniques; and (C) to determine the 
manpower needs and costs of developing a national system for the 
evaluation and accreditation of testing and inspection agencies. 
(2) The Secretary shall submit such study to the Congress not 
later than one year after the date of enactment of this section. 
Study and 
proposed 
standards. 
23 u s e 109 note. 
Review. 
Submittal to 
Congress. 
National Bureau 
of Standards and 
American 
Society for 
Testing and 
Materials, study 
determinations. 
23 u s e 109 note. 
Submittal to 
Congress. 
96 STAT. 2106 
PUBLIC LAW 97-424—JAN. 6, 1983 
VENDING MACHINES 
23 use 111 note. 
SEC. 111. Notwithstanding section 111 of title 23, United States 
Code, before October 1,1983, any State may permit the placement of 
vending machines in rest and recreation areas and in safety rest 
areas constructed or located on rights-of-way of the Nation^Q System 
of Interstate and Defense Highways in such State. Such vending 
machines may only dispense such food, drink, £uid other articles as 
the State highway department determines are appropriate and 
desirable. Such vending machines may only be operated by the 
State. In permitting the placement of vending machines under this 
Section, the State shall give priority to vending machines which are 
operated through the State licensing agency designated pursuant to 
section 2(a)(5) of the Act of June 20, 1936, commonly known as the 
Randolph-Sheppard Act (20 U.S.C. 107a(aX5)). The costs of installa-
tion, operation, and maintenance of vending machines under this 
section shall not be eligible for Federal assistance under title 23, 
United States Code. 
LETTING OF CONTRACTS 
SEC. 112. Section 112 of title 23, United States Code, is amended— 
(1) in subsection (b) by striking out "unless the Secretary shall 
affirmatively find that, under the circumstances relating to 
such project, some other method is in the public interest" and 
inserting in lieu thereof "unless the State highway department 
demonstrates, to the satisfaction of the Secretary, that some 
other method is more cost effective"; and 
(2) in subsection (e) by striking out the period at the end and 
inserting in lieu thereof the following: ", except where employ-
ees of a political subdivision of a State are working on a project 
outside of such political subdivision.". 
CONSTRUCTION IN ADVANCE OF APPORTIONMENT 
SEC. 113. (a) Section 115(bK2) of title 23, United States Code, is 
amended by striking out "1978" each place it appears and inserting 
in lieu thereof "1983". 
Project cost, 
(b) Section 115(b) of title 23, United States Code, is amended by 
Federal share. 
adding at the end thereof the following: 
"(3) Subject to the provisions of this paragraph, the cost of con-
struction of a project, the Federal share of which the Secretary is 
authorized to pay under this subsection, shall include the amount of 
any interest earned and payable on bonds issued by the State to the 
extent that the proceeds of such bonds have actusdly been expended 
in the construction of such project. In no event shall the amount of 
interest considered as a cost of construction of a project under the 
preceding sentence be greater than the excess of (A) the amount 
which would be the estimated cost of construction of the project if 
the project were to be constructed at the time the project is con-
verted to a regularly funded project, over (B) the actual cost of 
construction of such project (not including such interest). The Secre-
tary shall consider changes in construction cost indices in determin-
ing the amount under clause (A) of this paragraph.". 
(c) Section 115(a) of title 23, United States Code, is amended to 
read as follows: 
"(aXD When a State has obligated all funds apportioned or allo-
cated to it under section 103(eX4), 104, or 144 of this title, other than 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2107 
Interstate funds, and proceeds to construct any highway substitute, 
Federal-aid system, or bridge project, respectively, other than an 
Interstate project funded under section 104(bX5) of this title, without 
the aid of Federal funds in accordance with all procedures and all 
requirements applicable to such a project, except insofar as such 
procedures and requirements limit a State to the construrtion of 
projects with the aid of Federal funds previously apportioned to it, 
the Secretary, upon application by such State and his approval of 
such application, is authorized to pay to such State the Federal 
share of the costs of construction of such project when additional 
funds are apportioned to such State under section 103(eX4), 104, or 
144, respectively, of this title if— 
"(A) prior to the construction of the project the Secretary 
approves the plans and specifications therefor in the same 
manner as other projects, and 
"(B) the project conforms to the applicable standsu-ds adopted 
under section 109 of this title. 
"(2) The Secretary may not approve an application imder this 
section unless an authorization for section 103(eX4), 104, or 144 of 
this title, as the case may be, is in effect for the fiscal year for which 
the application is sought beyond the currently authorized funds for 
such State. No application may be approved which will exceed the 
State's expected apportionment of such authorizations.". 
(d) Section 115(c) of title 23, United States (Uode, is amended by 
striking "104" and inserting in Ueu thereof "103(eX4), 104, or 144 . 
MAINTENANCE 
SEC. 114. The second sentence of subsection (c) of section 116 of 
title 23, United States Code, is amended to read as follows: "If, 
within ninety dajrs after receipt of such notice, such project has not 
been put in proper condition of maintenance, the Secretary shall 
withhold approval of further projects of all types in the State 
highway district, municipality, county, other political or administra-
tive subdivision of the State, or the entire State in which such 
project is located, whichever the Secretary deems most appropriate, 
until such project shall have been put in proper condition of 
maintenance.". 
INTERSTATE DISCRETIONAKY FUNDS 
SEC. 115. (a) Section 118(b) of title 23, United States Code, is 
amended to read as follows: 
"(bXD Sums apportioned to each Federal-aid system (other than 
the Interstate System) shall continue available for expenditure in 
that State for tne appropriate Federal-aid S3rstem or part thereof 
(other than the Interstate System) for a period of three years after 
the close of the fiscal year for which such sums are authorized and 
any amounts so apportioned remaining unexpended at the end of 
such period shall lapse. 
"(2) Except as otherwise provided in this subsection, simis appor-
tioned for the Interstate System in any State shall remain available 
for expenditure in that State for the Interstate System until the end 
of the fiscal year for which authorized. Sums not obligated within 
the time period prescribed by the preceding sentence shall be made 
available by the Secretary for projects on the Interstate System 
(other than projects for which sums are apportioned under section 
104(bX5)(B)) in accordance with the following priorities: First, for 
96 STAT. 2108 
PUBLIC LAW 97-424—JAN. 6, 1983 
high cost projects which directly contribute to the completion of an 
Interstate segment which is not open to traffic; and second, for 
projects of high cost in relation to a State's apportionment. Sums 
may only be made available under this paragraph in any State if the 
Secretary determines that the State has obligated all of its appor-
tionments other than an amount which, by itself, is insufficient to 
pay the Federal share of the cost of a project on the Interstate 
System which has been submitted by such State to the Secretary for 
approval, and the applicant is willing and able to (A) apply the funds 
to a ready-to-commence project; and (B) in the case of construction 
work, begin work within ninety days of obligation. Sums made 
available under this paragraph shall remain available until 
expended. 
"(3) Any amount apportioned to the States for the Interstate 
System under subsection (bX5XB) of section 104 of this title shall 
continue to be available for expenditure in that State for a period of 
two years after the close of the fiscal year for which such sums are 
authorized. Sums not obligated within the time period prescribed by 
the preceding sentence shall be made available by the Secretary for 
projects for resurfacing, restoring, rehabilitating, and reconstruct-
ing the Interstate System to any other State applying for such 
funds, if the Secretary determines that the State has obligated all of 
its apportionments under such subsection other than an amount 
which, by itself, is insufficient to pay the Federal share of the cost of 
such a project which has been submitted by such State to the 
Secretary for approval, and the applicant is willing and able to (A) 
obligate the funds within one year of the date the funds are made 
available; (B) apply them to a ready-to-commence project; and (C) in 
the case of construction work, begin work within ninety days of 
obligation. Sums made available under this paragraph shall remain 
available until expended. 
"(4) Sums apportioned to a Federal-aid system for any fiscal year 
shall be deemed to be expended if a sum equal to the total of the 
sums apportioned to the State for such fiscal year and previous 
fiscal years is obligated. Any Federal-aid highway funds released by 
the pajmient of the final voucher or by the modification of the 
formal project agreement shall be credited to the same class of 
funds, primary, secondary, urban, or interstate, previously appor-
tioned to the State and be immediately available for expenditure.". 
"G)) Section 118 of title 23 United States Code is amended by 
relettering subsections (c) and (d) as subsections (e) and (f), respec-
tively, and by adding after subsection 0)) thereof the following new 
subsections: 
"(c) Before any apportionment is made under section 104(bX5XA) 
of this title for a fiscal year beginning after September 30,1983, the 
Secretary shall set aside $300,000,000. Such amount shall be availa-
ble only for obligation by the Secretary in accordance with subsec-
tion (bX2) of this section. 
"(d) In addition to amounts otherwise available to carry out this 
section, an amount equal to the amount by which the unobligated 
apportionment for the Interstate System in any State is reduced 
under section 103(eX4) of this title on account of the withdrawal of a 
route or portion thereof on the Interstate System, which withdrawal 
is approved after the date of enactment of this subsection, shall be 
available to the Secretary for obligation in accordance with subsec-
tion (bX2) of this section. . 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2109 
INTERSTATE SYSTEM RESURFACING TRANSFERS 
SEC. 116. (aXD Section 119(a) of title 23, United States Code, is 
amended by inserting after the first sentence the following; "In 
addition to projects approved under the preceding sentence, begin-
ning with funds apportioned for fiscal year 1984, the Secretary may 
approve projects for resurfacing, restoring, rehabilitating, and 
reconstructing those routes or portions thereof on the Interstate 
System designated before the date of enactment of this sentence 
under section 139(a) of this title (other than routes on toll roads not 
subject to a Secretarial agreement provided for in section 105 of the 
Federal-Aid Highway Act of 1978) which routes or portions were so 92 Stat. 2692. 
designated in conjunction with the withdrawal of approval of 
another route or portion thereof on the Interstate System under 
section 103(eX4) of this title.". 
Ante, p. 2101. 
(2) The last sentence of section 119(a) of title 23, United States 
Code, is amended by striking out "designated under sections 103 and 
139(c) of this title" and inserting in lieu thereof "under this 
subsection". 
(3) The last sentence of section 139(a) of title 23, United States 
Code, is amended by striking out the period at the end thereof and 
inserting in lieu thereof the following: ", except that any State may 
use funds available to it under section 104(bXl) of this title and, 
beginning with funds apportioned for fiscal year 1984, under section 
104(bX5)(B) of this title for the resurfacing, restoring, rehabilitating, 
and reconstructing of any route or portion thereof on the Interstate 
System on which a project may be approved under the second 
sentence of section 119(a) of this title.". 
O
t
)
) The last subsection of section 119 of title 23, United States 
Code, is relettered as subsection (c). 
(c) Section 119 of title 23, United States Code, is amended by 
adding at the end thereof the following new subsection: 
"(d) Upon application by a State and approval by the Secretary, 
the Secretary may authorize the transfer oi so much of the amount 
apportioned to such State for any fiscal year under paragraph (5XA) 
of subsection 0>) of section 104 of this title, as does not exceed the 
Federal share of the cost of segments of the Interstate System open 
to traffic in such State (other than high occupancy vehicle lanes), in 
the most recent cost estimate, to the apportionment under para-
graph (5)(B) of subsection (b) of section 104 of this title, except that 
not more than 50 per centum of the total apportionment under such 
paragraph (5XA) for a fiscal year shall be transferred under this 
subsection for such fiscal year. The next cost estimate submitted to 
Congress under paragraph (5XA) of subsection (b) of such section 104 
of the cost of completing segments of the Interstate System open to 
traffic in that State (other than high occupancy vehicle lanes) shall 
be reduced for such State in an amount equal to the amount 
transferred under this subsection.". 
FEDERAL SHARE 
SEC. 117. (a) Section 120(c) of title 23, United States Code, is 
amended by adding at the end thereof the following new sentence: 
"Notwithstanding subsection (a) of this section, the Federal share 
payable on account of any project financed with primary funds on 
the Interstate System for resurfacing, restoring, rehabilitating, and 
reconstructing shall be the percentage provided in this subsection." 
96 STAT. 2110 
PUBLIC LAW 97-424—JAN. 6, 1983 
(b) Section 120(d) of title 23, United States Code, is amended by 
inserting "or for pavement marking" after "signalization" and by 
adding at the end thereof the following: "The Federal share payable 
on account of any project for traffic control signalization under 
section 103(eX4) of this title may amount to 100 per centum of the 
cost of construction of such project.". 
(c) Section 120 of title 23, United States Code, is amended by 
adding at the end thereof the following new subsection: 
"(j) Nothwithstanding any other provision of this section (other 
than subsection (i)), of this title, or of any other law, in any case 
where a State elects to use funds apportioned to it for any Federsd-
aid system for any project under sections 143, 148, and 155, of this 
title and for those priority primary routes under section 147 of this 
title designated in Committee Print Numbered 97-61 of the C!ommit-
tee on Public Works and Transportation of the House of Representa-
tives, the Federal share payable on account of such project shall be 
95 per centum of the cost thereof, unless— 
"(1) such project is on land owned by the United States in 
which case the Federal share shall be 100 per centum of the cost 
of such project, or 
"(2) a Federal share of the cost of the project greater than 95 
per centum is specifically authorized by law.". 
FRINGE AND CX)RRIIX>R PARKING 
SEC. 118. Section 137 of title 23, United States Oxie, is amended by 
inserting the following new subsection (f): 
"(fKD The Secretary may approve for Federal financial assistance 
from funds apportioned under section 104(bX5XB) of this title, proj-
ects for designating existing facilities, or for acquisition of rights of 
way or construction of new facilities, for use as preferential parking 
for carpools, provided that such facilities (A) are located outside of a 
central business district and within an interstate highway corridor, 
£uid (B) have as their primary purpose the reduction of vehicular 
traffic on the interstate highway. 
"(2) Nothing in this subsection, or in any rule or regulation issued 
under this subsection, or in any agreement required by this subsec-
tion, shall prohibit (A) any State, political subdivision, or agency or 
instrumentality thereof, from contracting with any person to oper-
ate any parking facility designated or constructed under this subsec-
Fees. 
tion, or (B) any such person from so operating such facility. Any fees 
charged for the use of any such facility in connection with the 
purpose of this subsection shall not be in excess of the amount 
required for operation and msdntenance, including compensation to 
any person for operating the facility. 
"Facilities" and 
"(3) For the purposes of this subsection, the terms 'facilities' and 
"parking 
'parking facilities' are synonymous and shall have the same mean-
aci 1 les. 
jj^g given 'parking facilities' in subsection (c) of this section.". 
NONDISCRIMINATION 
SEC. 119. (a) The first and third sentences of subsection (a) of 
section 140 of title 23, United States Code, are amended by striking 
the words "or national origin" and inserting in lieu thereof the 
words ", national origin, or sex". 
(b) Section 140 of title 23, United States Code, is amended by 
adding new subsection (c) as follows: 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2111 
"(c) The Secretary, in cooperation with any other department or 
agency of the Government, State agency, authority, association, 
institution, corporation (profit or nonprofit), or any other organiza-
tion or person, is authorized to develop, conduct, and administer 
training programs and assistance programs in connection with any 
program under this title in order that minority businesses may 
achieve proficiency to compete, on an equal basis, for contracts and 
subcontracts. Whenever apportionments are made under subsection 
104(a) of this title, the Secretary shall deduct such sums as he may 
deem necessary, not to exceed $10,000,000 per fiscal year, for the 
administration of this subsection. The provisions of section 3709 of 
the Revised Statutes, as amended (41 U.S.C. 5), shall not be applica-
ble to contracts and agreements made under the authority herein 
granted to the Secretary notwithstanding the provisions of section 
302(e) of the Federal Property and Administrative Services Act of 
1949 (41 U.S.C. 252(e)).". 
(c) The title of section 140 of title 23, United States Code, is 
amended to read as follows: 
"§ 140. Nondiscrimination" 
and the analysis of chapter 1 of title 23, United States Code, is 
amended by striking out 
"140. Equal employment opportunity." 
and inserting in lieu thereof 
"140. Nondiscrimination.". 
PUBUC TRANSPORTATION 
SEC. 120. (a) The last sentence of section 142(aXl) of title 23, 
United States Code, is amended by inserting "and the cost of 
providing shuttle service to and from the facility" after "of the 
facility" and by inserting "and for providing such shuttle service" 
after "operating the facility". 
(b) Section 142 of title 23, United States Code, is amended as 
follows: 
(1) In subsection (aXl) in the first sentence the words "bus 
lanes" and insert in lieu thereof "high occupancy vehicle lanes" 
and delete the words "bus and other" and insert in lieu thereof 
"high occupancy vehicle and". 
(2) In subsection Ot)) delete the word "bus" and insert in lieu 
thereof "high occupancy vehicle". 
(3) In subsection (f) delete the words "public mass transporta-
tion systems" and insert in lieu thereof "high occupancy 
vehicles". 
BRIDGE PROGRAM APPORTIONMENT 
SEC. 121. (a) Subsection (e) of section 144 of title 23, United States 
Code, is amended to read as follows: 
"(e) Funds authorized to carry out this section shall be appor-
tioned among the several States on October 1 of the fiscal year for 
which authorized in accordance with this subsection. Each deficient 
bridge shall be placed into one of the following categories: (1) 
Federal-aid system bridges eligible for replacement, (2) Federal-aid 
system bridges eligible for rehabilitation, (3) off-system bridges eligi-
ble for replacement, and (4) off-system bridges eligible for rehabilita-
tion. The square footage of deficient bridges in each category shall 
96 STAT. 2112 
PUBLIC LAW 97-424—JAN. 6, 1983 
Annual data 
update. 
Effective date. 
23 u s e 144 note. 
be multiplied by the respective unit price on a State-by-State basis, 
as determined by the Secretary; and the total cost in each State 
divided by the total cost of the deficient bridges in all States shall 
determine the apportionment factors. No State shall receive more 
than 10 per centum or less than 0.25 per centum of the total 
apportionment for any one fiscal year. The Secretary shall make 
these determinations based upon the latest available data, which 
shall be updated annually.". 
(b) The amendment made by subsection (a) of this section shall 
take effect October 1, 1982, and shall apply with respect to each 
fiscal year beginning on or after such date. Notwithstanding subsec-
tion (e) of section 144 of title 23, United States Code, as soon as 
practical after the date of enactment of this Act, the Secretary of 
Transportation shall apportion under such subsection (e), as 
amended by subsection (a) of this section, sums authorized to be 
appropriated to carry out such section 144 for the fiscal year ending 
September 30,1983. 
Ante, p. 1612. 
Post, p. 2137. 
Expenditure 
requirement, 
reduction. 
HIGHWAY BRIDGE REPLACEMENT AND REHABIUTATION 
SEC. 122. (a) Subsection (g) of section 144 of title 23, United States 
Code, is amended by inserting after "(g)" the following: "(1)". Such 
subsection is further amended by striking out the fourth and fifth 
sentences and by adding at the end thereof the following: 
"(2) Of the amount authorized per fiscal year for each of the fiscal 
years ending September 30,1983, September 30,1984, September 30, 
1985, and September 30, 1986, by section 5(aXl) of the Federal-Aid 
Highway Act of 1982 and section 202(1) of the Highway Safety Act of 
1982, all but $200,000,000 per fiscal year shall be apportioned as 
provided in subsection (e) of this section. $200,000,000 per fiscal year 
of the amount authorized for each of the fiscal years ending Septem-
ber 30, 1983, September 30, 1984, September 30, 1985, and Septem-
ber 30, 1986, shall be available for obligation on the date of each 
such apportionment in the same manner and to the same extent as 
the sums apportioned on such date, except that the obligation of 
such $200,000,000 shall be at the discretion of the Secretary and 
shall be only for projects for those highway bridges the replacement 
or rehabilitation cost of each of which is more than $10,000,000, and 
for any project for a highway bridge the replacement or rehabilita-
tion costs of which is less than $10,000,000 if such cost is at least 
twice the amount apportioned to the State in which such bridge is 
located under subsection (e) of this section for the fiscal year in 
which application is made for a grant for such bridge. Not less than 
15 per centum nor more than 35 per centum of the amount appor-
tioned to each State in each of the fiscal years ending September 30, 
1983, September 30, 1984, September 30, 1985, and September 30, 
1986, shall be expended for projects to replace or rehabilitate high-
way bridges located on public roads, other than those on a Federal-
aid system. The Secretary after consultation with State and local 
officials may, with respect to a State, reduce the requirement for 
expenditure for bridges not on a Federal-aid system when he 
determines that such State has inadequate needs to justify such 
expenditure.". 
(b) Notwithstanding section 144 of title 23, United States Code, 
and any other provision of law, the Secretary of Transportation may 
approve under such section 144 (including subsection (g)) a project to 
relocate and replace (1) any bridge across a river located on a two-
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2113 
lane Federal-aid highway which is in a slide area, in a flood plain, 
and in the vicinity of and north of Cloverdale, California, together 
with (2) all highways and approaches required as a result of such 
relocation and replacement. 
(c) Notwithstanding section 144 of title 23, United States Code, 
and any other provision of law, the Secretary of Transportation may 
approve under such section 144 (including subsection (g)) a project to 
replace the LaSalle Peru Bridge which is part of a complete replace-
ment of United States 51 in a new location. 
CARPOOL AND VANPOOL PROJECTS 
SEC. 123. (a) Section 120(d) of title 23, United States Code, is 
amended by inserting before ", may amount to 100 per centum" the 
following: "or for commuter carpooling and vanpooling". 
(b) The Secretary of Transportation is authorized and directed to 
23 use 146 note. 
expend such sums as are necessary out of the administrative funds 
authorized by subsection (a) of section 104, title 23, United States 
Code, to carry out the provisions of subsection (d) of section 126 of 
the Federal-Aid Highway Act of 1978. 
23 use 146 note. 
ALLOCATION OF URBAN FUNDS 
SEC. 124. Section 150 of title 23, United States Code, is amended by 
adding the following sentence at the end thereof: "Funds allocated 
to an urbanized area under the provisions of this section may, at the 
request of the Governor and upon approval of the appropriate local 
officials of the area and the Secretary, be transferred to the alloca-
tion of another such area in the State or to the State for use in any 
urban area.". 
HAZARD EUMINATION PROGRAM EXTENSION 
SEC. 125. Subsection (c) of section 152 of title 23, United States 
Code, is amended to read as follows: 
"(c) Funds authorized to carry out this section shall be available 
for expenditure on any public road (other than a highway on the 
Interstate System).". 
FEDERAL LANDS HIGHWAYS PROGRAM 
SEC. 126. (a) Section 202 of title 23, United States Code, is amended 
to read as follows: 
"§ 202. Allocations 
"(a) On October 1 of each fiscal year, the Secretary shall allocate 
the sums authorized to be appropriated for such fiscal year for forest 
highways according to the relative needs of the various elements of 
the national forest system as determined by the Secretary, taking , 
into consideration the need for access as identified by the Secretary 
of Agriculture through renewable resource and land use planning, 
and the impact of such planning on existing transportation 
facilities. 
"(b) On October 1 of each fiscal year, the Secretary shall allocate 
the sums authorized to be appropriated for such fiscal year for forest 
development roads and trails according to the relative needs of the 
various national forests. Such allocation shall be consistent with the 
96 STAT. 2114 
PUBLIC LAW 97-424—JAN. 6, 1983 
Establishment. 
Construction 
and 
improvement 
funds. 
Contracts. 
Indian labor. 
Projects on 
Indian 
reservation 
roads. 
State and local 
cooperation. 
renewable resource and land use planning for the various national 
forests. 
"(c) On October 1 of each fiscal year, the Secretary shall allocate 
the sums authorized to be appropriated for such fiscal year for 
public lands highways among those States having unappropriated or 
unreserved public lands, nontaxable Indian lands or other Federal 
reservations, on the basis of need in such States, respectively, £is 
determined by the Secretary upon application of the State highway 
departments of the respective States. The Secretary shall give pref-
erence to those projects which are significantly impacted by Federal 
land and resource management activities. 
"(d) On October 1 of each fiscal year, the Secretary shall allocate 
the sums authorized to be appropriated for such fiscal year for park 
roads and parkways each according to the relative needs of the 
various elements of the national park system, taking into considera-
tion the need for access as identified through Ismd use planning and 
the impact of such planning on existing transportation facilities. 
"(e) On October 1 of each fiscal year, the Secretary shall allocate 
the sums authorized to be appropriated for such fiscal year for 
Indian reservation roads according to the relative needs of the 
various reservations as jointly identified by the Secretary and the 
Secretary of the Interior.". 
(b) Section 204 of title 23, United States Ckxie, is amended to read 
as follows: 
"§ 204. Federal Lands Highways Program 
"(a) Recognizing the need for all Federal roads which are public 
roads to be treated under the same uniform policies as roads which 
are on the Federal-aid systems, there is established a coordinated 
Federal lands highways program which shall consist of the forest 
highways, public lands highways, park roads, parkways, and Indian 
reservation roads as defined in section 101 of this title. 
"(b) Funds available for forest highways and public lands high-
ways shall be used by the Secretary to pay for the cost of construc-
tion and improvement thereof. Funds available for park roads, 
parkways, and Indian reservation roads shall be used by the Secre-
tary of the Interior to pay for the cost of construction and improve-
ment thereof. In connection therewith, the Secretary and the 
Secretary of the Interior, £is appropriate, may enter into construc-
tion contracts and such other contracts with a State or civil subdivi-
sion thereof or Indian tribe as deemed advisable. In the case of 
Indian reservation roads, Indian labor may be employed in such 
construction and improvement under such rules and regulations as 
may be prescribed by the Secretary of the Interior. No ceiling on 
Federal emplo)mient shall be applicable to construction or improve-
ment of Indiein reservation roa<k. 
"(c) Before approving as a project on an Indian reservation road 
any project on a Federal-aid system in a State, the Secretary must 
determine that the obligation of funds for such project is supplemen-
tary to and not in lieu of the obligation, for projects on Indian 
reservation roads, of a fair and equitable share of funds apportioned 
to such State under section 104 of this title. 
"(d) Cooperation of States, counties, or other local subdivisions 
may be accepted in construction and improvement, and any funds 
received from a State, county, or local subdivision shall be credited 
to appropriations available for the class of Federal lands highways 
to which such funds were contributed. 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2115 
"(e) Construction of each project shall be performed by contract 
awarded by competitive bidding, unless the Secretary or the Secre-
tary of the Interior shall affirmatively find that, under the circum-
stances relating to such project, some other method is in the public 
interest. Notwithstanding the foregoing, the provisions of section 23 
of the "Buy Indian" Act of June 25, 1910 (36 Stat. 891), and the 
provisions of section 7(b) of the Indian Self-Determination and Edu-
cation Assistance Act of 1975 (88 Stat. 2205) shall apply to all funds 
administered by the Secretary of the Interior which are appropri-
ated for the construction and improvement of Indian reservation 
roads. 
"(f) All appropriations for the construction and improvement of 
each class of Federal lands highways shall be administered in 
conformity with regulations and agreements jointly approved by the 
Secretary and the Secretary of the appropriate Federal land manag-
ing agency. 
"(g) The Secretary shall transfer to the Secretary of Agriculture 
from appropriations for forest highways such amounts as may be 
needed to cover necessary administrative expenses of the Forest 
Service in connection with forest highways. 
"(h) Funds available for each class of Federal lands highways shall 
be available for adjacent vehicular parking areas and scenic 
easements.". 
(cXD The twelfth undesignated paragraph of section 101(a) of title 
23, United States Code, defining the term "park roads and trails", is 
amended to read as follows: 
"The term 'park road' means a public road that is located within 
or provides access to an area in the national park system.". 
(2) The tenth undesignated paragraph of section 101(a) of title 23, 
United States Code, defining the term "Indian reservation roads and 
bridges" is amended by striking out "The term Indigin reservation 
roads and bridges' means roads and bridges, including roads and 
bridges" and inserting in lieu thereof "The term 'Indian reservation 
roads' means public roads, including roads". 
(3) Section 101(a) of title 23, United States Code, is amended by 
adding after the third undesignated paragraph, defining the term 
"county", the following: 
"The term 'Federal lands highways' means forest highways, 
public lands highways, park roadb, parkways, and Indian reserva-
tion roads which are public roads.". 
(d) Sections 206, 207, 208, 209, and 214(c) of title 23, United States 
Code, are repealed. 
(e) The analysis of chapter 2 of title 23, United States Ck)de, is 
amended— 
(1) by striking out 
"202. Apportionment for allocation." 
and inserting in lieu thereof 
"202. Allocations."; 
(2) by striking out 
"204. Forest highways." 
and inserting in lieu thereof 
"204. Federal lands highways pn^am."; 
and 
Construction by 
contracts. 
36 Stat. 861. 
25 u s e 47. 
25 u s e 450e. 
Transfer of 
funds. 
"Park road." 
"Indian 
reservation 
roads." 
"Federal lands 
highways." 
Repeals. 
96 STAT. 2116 
PUBLIC LAW 97-424—JAN. 6, 1983 
(3) by striking out 
"206. Park roads and trails. 
"207. Parkways. 
"208. Indian reservation roads. 
"209. Public lands highways." 
and inserting in lieu thereof 
"206. Repealed. 
"207. Repealed. 
"208. Repealed. 
"209. Repealed.". 
(f) Sections 201 and 203 of title 23, United States Code, are 
amended by striking out "park roads and trails" wherever it 
appears and inserting in lieu thereof "park road". 
BICYCLE TRANSPORTATION 
SEC. 126. Section 217 of title 23, United States Code, is amended to 
read as follows: 
"§ 217. Bicycle transportation and pedestrian walkway 
"(a) To encourage energy conservation and the multiple use of 
highway rights-of-way, including the development and improvement 
of pedestrian walkways on or in conjunction with highway rights-of-
way, the States may, as Federal-aid highway projects, construct 
pedestrian walkways. Sums apportioned in accordance with para-
graphs (1), (2), and (6) of section 104(b) of this title shall be available 
for pedestrian wedkways authorized under this section and such 
projects shsdl be located and designed pursueint to an overall plan 
which will provide due consideration for safety and contiguous 
routes. 
"(bXD To encourage energy conservation, including the develop-
ment, improvement, and use of bicycle transportation, the States 
may, as Federal-Eiid highway projects, construct new or improved 
lanes, paths, or shoulders; traffic control devices, shelters for £ind 
parking facilities for bicycles, and carry out nonconstruction proj-
ects related to safe bicycle use. Sums apportioned in accordance with 
paragraphs (1), (2), and (6) of section 104(b) of this title shall be 
available for bicycle projects authorized under this section and such 
projects shall be located and designed pursuant to an overall plan 
which will provide due consideration for seifety and contiguous 
routes. 
"(2) In any case where a highway bridge deck being replaced or 
rehabilitated with Federal financial participation is located on a 
highway, other than a highway access to which is fully controlled, 
on which bicycles are permitted to operate at each end of such 
bridge, and the Secretary determines that the safe accommodation 
of bicycles can be provided at reasonable cost as part of such 
replacement or rehabilitation, then such bridge shall be so replaced 
or rehabilitated as to provide such safe accommodations. 
"(3) No bicycle project shall be authorized by this section unless 
the Secretary shall have determined that such bicycle project will be 
principally for transportation, rather than recreation, purposes. 
Federal share 
"(c) For all purposes of this title, a pedestrian walkway project 
payable on 
authorized by subsection (a) of this section shall be deemed to be a 
walkway project, highway project, and the Federgd share payable on account of such 
pedestrian walkway project shall be 100 per centum. 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2117 
"(d) For all purposes of this title, a bicycle project authorized by 
subsection (b) of this section shall be deemed to be a highway 
project, and the Federal share payable on account of such bicycle 
project shall be 100 per centum. 
"(e) Funds authorized for forest highways, forest development 
roads and trails, public lands development roads and trails, park 
roads, parkways, Indian reservation roads, and public lands high-
ways shall be available, at the discretion of the department charged 
with the administration of such funds, for the construction of pedes-
trian walkways in conjunction with such trails, roads, highways, 
and parkways. 
"(f) Funds authorized for forest highways, forest development 
roads and trails, public lands development roads and trails, park 
roads, parkways, Indian reservation roads, and public lands high-
ways shall be available, at the discretion of the department charged 
with the administration of such funds, for the construction of bicycle 
routes. 
"(g) No motorized vehicles shall be permitted on trails and walk-
ways authorized under this section except for maintenance purposes 
and, when snow conditions and State or local regulations permit, 
snowmobiles. 
"(h) Not more than $45,000,000 of funds authorized to be appropri-
ated in any fiscal year may be obligated for projects authorized by 
subsections (a), (b), (e), and (f) of this section. No State shall obligate 
more than $4,500,000 for such projects in any fiscal year, except that 
the Secretary may, upon application, waive this limitation for a 
State for any fiscal year.". 
Federal share 
payable on 
bicycle project. 
Motorized 
vehicle 
prohibition. 
Appropriation 
authorization. 
Waiver. 
PARKING RAMPS AND FRONTAGE ROADS 
SEC. 127. (a) Subsection (b) of section 108 of the Federal-Aid 
Highway Act of 1956, as amended, is further amended by adding 
before the last sentence thereof a new sentence as follows: "Notwith-
standing any other provision of law, including any other provision of 
this subsection, where a project is to be constructed (1) to provide 
parking garage ramps in conjunction with high occupancy vehicle 
lanes which flow into a distributor system emptying directly into 
ramps for off-street parking with preferential parking for carpools, 
vanpools, and buses and the ramps are part of an environmental 
mitigation effort and are designed to feed into an aerial walkway 
system, or (2) to provide a parking lot near the terminus of an 
Interstate System spur route which radiates from an Interstate 
System beltway which will be used as an intermodal transfer facility 
for a light rail transit project to be constructed in the median of the 
spur route and the parking lot is part of an environmental mitiga-
tion effort, or (3) to provide a parking garage and associated facili-
ties as part of an intermodal transfer facility with a transit system 
near or within an Interstate System route right-of-way which will 
have direct and indirect access to the facility by way of local streets 
and the parking garage and associated facilities are part of an 
environmental mitigation effort, or (4) to provide for the comprehen-
sive upgrading of existing high occupancy vehicle lanes, new ramps 
and parking facilities at mass transit intermodal transfer points on 
an existing Interstate System route which has temporary high 
occupancy vehicle lanes in the median and the parking facilities and 
ramps are part of an environmental mitigation effort, the costs of 
such parking garage ramps, parking lots, parking garages, asso-
23 u s e 101 note. 
96 STAT. 2118 
PUBLIC LAW 97-424—JAN. 6, 1983 
23 u s e 101 note. 
ciated interchange ramps, high occupancy vehicle lanes, and other 
associated work eligible under title 23, United States Code, shall be 
eligible for funds authorized by this subsection as if the costs for 
these projects were included in the 1981 interstate cost estimate 
and shall be included as eligible projects in any future interstate 
cost estimate.". 
(b) Notwithstanding the provisions of section 108(b) of the Federal-
Aid Highway Act of 1956, as amended, the Secretary of Transporta-
tion may approve the expenditure of funds authorized under such 
section for the construction of a previously approved project which 
provides for improvements to and reconstruction of ramps and 
service roads which are being developed as part of a roadway system 
to relieve a severely congested segment on an Interstate route. Such 
expenditures shall be limited (1) to work necessary to provide more 
effective and safe operation of such Interstate route, and (2) to a 
section of an Interstate route which proceeded to construction con-
tract prior to the date of enactment of such Act and which Inter-
state route, together with service roads, was constructed without the 
expenditure of any funds authorized by such section. 
PROJECT ELIGIBILITY 
23 use 101 note. 
SEC. 128. In any case where a project involving a Federal-aid 
primary route not on the Interstate System, and a route on the 
Interstate System which was originally constructed without the 
expenditure of any funds authorized under section 108(b) of the 
23 use 101 note. Federal-Aid Highway Act of 1956, as amended, and was subse-
quently added to the Interstate System, both occupying a common 
alignment and having elements which have been approved in con-
cept by the Secretary of Transportation as part of a project provid-
ing for the upgrading of an interchange on such Interstate route, the 
cost of improvements in the vicinity of the interchange necessary to 
upgrade the safety of that part of such Federal-aid primary route 
not on a common alignment with such Interstate route in an 
environmentally acceptable manner shall be eligible for the expend-
iture of funds authorized by such section 108(b). 
ACCELERATION OF PROJECTS 
23 use 105 note. 
SEC. 129. The Secretary of Transportation shall by rule or regula-
tion establish, as soon as practicable, alternative methods for proc-
essing projects under title 23, United States Code, so as to reduce the 
time required from the request for project approval through the 
completion of construction. In carrying out this section the Secre-
tary shall utilize the knowledge and experience resulting from the 
demonstration project authorized by and carried out under section 
23 use 124 note. 
141 of the Federal-Aid Highway Act of 1976. 
FOUR-LANE BRIDGES 
23 use 144 note. 
SEC. 130. Whenever any law of the United States, enacted after 
January 1, 1970, and before the date of enactment of this Act, 
authorizes payment, in financing the relocation of an existing road, 
for the cost of construction of a two-lane bridge with a substructure 
and deck truss capable of supporting a four-lane bridge, payment for 
the cost of completing the construction of such bridge as a four-lane 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2119 
bridge is authorized upon the completion of such substructure and 
deck truss. 
DEMONSTRATION PROJECTS 
SEC. 131. (aXD The Secretary of Transportation is authorized to 
carry out a demonstration project in Los Angeles County, California, 
for the purpose of demonstrating methods of improving the motor 
vehicle transportation of freight to and from areas for the transship-
ment of waterborne commerce. 
(2) There is authorized to be appropriated to carry out this subsec-
tion, out of the Highway Trust Fund, not to exceed $19,000,000 for 
the fiscal year ending September 30,1983, not to exceed $19,000,000 
for the fiscal year ending September 30, 1984, sind not to exceed 
$20,000,000 for the fiscal year ending September 30,1985. 
(3) Funds authorized by this subsection shall be available for 
obligation in the same manner and to the same extent as if such 
funds were apportioned under chapter 1 of title 23, United States 
Code, except that the Federal share of the cost of any project under 
this subsection shall be 100 per centum of the total cost thereof and 
such funds shall remain available until expended. 
(bXD The Secretary of Transportation shall carry out a highway 
project to demonstrate state of the art technology which can be 
applied to a section of highway the construction of which will close a 
gap of not more than 10 miles in a multi-leine limited access 
approach road through hilly terrain connecting a city (not directly 
connected to the Interstate System by such an approach road) with a 
route on such System on which tolls are charged. For comparison 
purposes, the highway section shall connect both highway construc-
tion using current technology and older completed highway 
construction. The project shall demonstrate the latest high-type 
geometric design features and new advances in highway traffic 
control and safety hardware. All design elements, including the 
highway pavement, shall be designed to provide the best life-cycle 
costs, thereby minimizing future maintenance costs. The Secretary 
of Transportation shall provide necessary technical assistance in the 
design and construction of the project. Upon completion of the 
project, the highway shall be added to the Federal-aid primary 
system. 
(2) Not later than one year, six years and eleven years after the 
completion of the state of the art technology project, the Secretary 
of Transportation shall submit reports to the Congress, including 
but not limited to the results of such project, the effects of using the 
best available technology on safety and other considerations, recom-
mendations for applying the results to other highway projects, and 
any changes that may he necessary by law to permit further use of 
such features. 
(3) There is authorized to be appropriated to carry out this subsec-
tion, out of the Highway Trust Fund, not to exceed $5,000,000 for the 
fiscal year ending September 30,1983, $10,000,000 for the fiscal year 
ending September 30, 1984, and $62,000,000 for the fiscal year 
ending September 30, 1985. Such funds shall be available until 
expended, shall be available for obligation in the same manner and 
to the same extent as if apportioned under chapter 1 of title 23, 
United States Code, and shall not be subject to any obligation 
limitation. The Federal share payable for the state of the art 
technology project shall be 100 per centum. 
Appropriation 
authorization. 
23 u s e 101 et 
seq. 
Highway design 
and 
construction, 
state of the art 
technology. 
Technical 
assistance. 
Reports to 
Ck>ngress. 
Appropriation 
authorization. 
23 u s e 101 et 
seq. 
Federal share. 
96 STAT. 2120 
PUBLIC LAW 97-424—JAN. 6, 1983 
Highway repair 
methods. 
Report to 
Congress. 
23 u s e 101 et 
seq. 
Traffic 
congestion 
reduction 
project. 
Appropriation 
authorization. 
Report to 
Congress. 
Appropriation 
authorization. 
(cXD The Secretary of Transportation shall conduct a project to 
demonstrate state of the art methods of repairing damaged high-
ways, and preventing damage to highways, resulting from shoreline 
erosion. Such project shall be carried out in the vicinity of Buhne 
Point, Humboldt Bay, California, at a cost not to exceed $9,000,000 
for fiscal years beginning after September 30, 1982, out of the 
Highway Trust Fund. 
(2) The Secretary of Transportation may enter with the heads of 
other departments, agencies, and instrumentalities of the Federal 
Government into such arrangements as may be necessary to carry 
out the provisions of this subsection. 
(3) The Secretary of Transportation shall submit to Congress a 
report on the results of the demonstration project not later than 180 
days after completion of such project. 
(4) Funds authorized by this subsection shall be available for 
obligation in the same manner and to the same extent as if such 
funds were apportioned under chapter 1 of title 23, United States 
Code, except that the Federal share of the cost of any project under 
this subsection shall be 100 per centum of the total cost thereof and 
such funds shall remain available until expended. 
(dXl) The Secretary of Transportation is authorized to carry out a 
demonstration project in the vicinity of East Baton Rouge, Louisi-
ana, for the purpose of demonstrating the efficacy of reducing traffic 
congestion in the immediate vicinity of a partial-diamond, partial-
cloverleaf interchange which connects an east-west highway on the 
Interstate System and a four lane highway not on such system by 
providing a direct access ramp to, and a travel lane on, the Inter-
state highway and by eliminating a crossover which is used for 
access to the Interstate highway. 
(2) There is authorized to be appropriated to cany out this subsec-
tion, out of the Highway Trust Fund, not to exceed $5,000,000 for the 
fiscal years beginning after September 30,1982. 
(3) Funds authorized by this subsection shall be available for 
obligation in the seune manner and to the same extent as if such 
funds were apportioned under chapter 1 of title 23, United States 
Code, except that the Federal share of the cost of any project under 
this subsection shall be 100 per centum of the total cost thereof and 
such funds shall remain available until expended. 
(eXD The Secretary of Transportation is authorized to carry out a 
demonstration project in the vicinity of Louisville, Kentucky, for the 
purpose of demonstrating methods of accelerating construction of 
high traffic sections of highways on the Federal-aid primary system 
which are directly connected to the Interstate System. 
(2) The Secretary of Transportation shall submit to Congress a 
report on the results of the demonstration project carried out under 
this subsection not later than 180 days after completion of such 
project. 
(3) There is authorized to be appropriated to carry out this subsec-
tion, out of the Highway Trust Fund, not to exceed $25,000,000 for 
the fiscal year ending September 30, 1983, and not to exceed 
$27,000,000 for the fiscal year ending September 30, 1984. Any 
amount obligated after December 1, 1982, and before the date of 
enactment of this Act for a project described in paragraph (1) of this 
subsection from funds apportioned under section 104 of title 23, 
United States Code, may be deobligated and funds authorized by this 
subsection may be obligated for such project in place of such deobli-
gated amounts. Any amounts deobligated under the preceding sen-
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2121 
tence shall be recredited to the State's apportionment from which 
such amounts were obligated. 
(4) Funds authorized by this subsection shall be available for 
obligation in the same manner and to the same extent as if such 
funds were apportioned under chapter 1 of title 23, United States 
Code, except that the Federal share of the cost of any project under 
this subsection shall be 100 per centum of the total cost thereof and 
such funds shall remain available until expended. 
(fKD The Secretary of Transportation, in cooperation with the 
State of Vermont, shall carry out a project to demonstrate the 
feasibility of reducing the time and the cost required to complete 
highway projects, other than projects on the Interstate System, in 
areas that require improved access between rapidly growing subur-
ban areas and established urban core areas, by extending the cover-
age of State certifications under section 117(a) of title 23 of the 
United States Code, to any Federal law, regulation, or policy that 
applies to such projects. 
(2) In implementing this subsection, the Secretary shall review 
applications for projects submitted by the State of Vermont with 
respect to which the State agrees to assume the responsibility of the 
Secretary with regard to any such Federal law, regulation, or policy. 
The Secretary shall be deemed to have fulfilled his responsibility 
under such law, regulation, or policy, provided that— 
(A) the Secretary finds that the State has procedures which 
are sufficient to assure that the project will be carried out in 
accordance with the provisions of such law, regulation, or 
policy; 
(B) the State highway department is authorized and consents 
to accept the jurisdiction of the Federal courts in any suit 
brought to enforce any such Federal law or regulation; and 
(C) the State highway department certifies that the project 
has been carried out in accordance with the procedures speci-
fied under subparagraph (A) of this paragraph. 
(3) In carrying out the demonstration project authorized under 
this subsection, the Secretary may continue to discharge his respon-
sibilities directly with respect to those laws, regulations, and policies 
for which he finds State procedures are not sufficient. 
(4) In implementing this subsection, the Secretary shall consider 
the procedures developed pursuant to section 141 of the Federal-Aid 
Highway Act of 1976, as amended, and shall encourage the State to 
carry out its responsibilities in cooperation with appropriate politi-
cal subdivisions of the State. 
(5) There is authorized to be appropriated out of the Highway 
Trust Fund to carry out the project authorized under this subsection 
a sum not to exceed $50,000,000. 
(6) Funds authorized by this subsection shall be available for 
obligation in the same manner and to the same extent as if such 
funds were apportioned under chapter 1 of title 23, United States 
Code, except that the Federal share of the cost of any project under 
this subsection shall be 100 per centum of the total cost thereof and 
such funds shall remain available until expended. 
(7) Not later than six months after the completion of such project, 
the Secretary shall submit a report to Congress which includes, but 
is not limited to, a description of the methods used to accomplish the 
project and the changes, if any, required to adopt expanded certifica-
tion. The report should also contain recommendations for appl3dng 
the methods to other highway projects, and any changes to existing 
Federal share of 
cost. 
23 u s e 101 et 
seq. 
Highway 
completion, time 
and cost 
reduction. 
Application 
review. 
State's 
responsibilities. 
23 u s e 124 note. 
Appropriation 
authorization. 
23 u s e 101 et 
Report to 
eongress. 
96 STAT. 2122 
PUBLIC LAW 97-424—JAN. 6, 1983 
Wave erosion 
prevention, 
construction 
techniques. 
Appropriation 
authorization. 
23 u s e 101 et 
Appropriation 
authorization. 
Report to 
Congress. 
Appropriation 
authorization. 
Federal share of 
cost. 
law which may be necessary to permit more widespread use of 
expanded certification acceptance. 
(gXD The Secretary of Transportation is authorized to carry out 
demonstration projects in and around Devils Lake, North Dakota, 
for the purpose of demonstrating construction techniques to prevent 
wave erosion on closed basin lakes with grade level highway 
crossings. 
(2) The Secretary is authorized to reimburse from funds author-
ized by paragraph (3) the State of North Dakota for funds previously 
expended on projects described in paragraph (1). 
(3) There is authorized to be appropriated, out of the Highway 
Trust Fund, to carry out this subsection not to exceed $4,500,000 for 
the fiscal year ending September 30,1983. 
(4) Funds authorized by this subsection shall be available for 
obligation in the same manner and to the same extent as if such 
fun^ were apportioned under chapter 1 of title 23, United States 
Code, except that the Federal share of the cost of any project under 
this subsection shall not exceed 75 per centum of the total cost 
thereof and such fund shall remain available until expended. 
(hXD The Secretary of Transportation is authorized to carry out a 
demonstration project on the Federal-aid urban system for the 
construction of a high level bridge over a high volume intercoastad 
waterway segment. The project shall demonstrate the reduced con-
gestion resulting in the downtown area from the construction of 
such bridge which serves a major port. Such project shall be subject 
to the provisions of chapter 1 of title 23, United States Code, 
applicable to highway projects on the Federal-£dd system. 
(2) There is authorized to be appropriated to carry out this subsec-
tion, out of the Highway Trust Fund, not to exceed $23,000,000 for 
the fiscal year ending September 30, 1983. Such sums shall remain 
available until expended. 
(3) In carrjdng out this subsection, the Secretary shall consult 
with the Secretary of the Army and the Commandant of the Coast 
Guard concerning permit procedures which will expedite completion 
of this bridge. 
(4) The Secretary shall report to Congress upon completion of this 
project the results of this demonstration project, together with any 
recommendations the Secretary deems necessary. 
(iXD The Secretary of Transportation, in cooperation with the 
State of Idaho, shall conduct a demonstration project on a primary 
segment of highway experiencing a high incidence of truck accidents 
and a project to demonstrate cooperation between two railroads and 
a small urban area. The highway project shall include an analysis of 
factors contributing to truck accidents such as weather conditions, 
sight distance, road curvature, roadway width, and gradient and 
shall also include an analysis of the benefit-cost ratio of certain 
safety improvements implemented to correct hazards contributing 
to truck accidents. The railroad crossing project shall demonstrate 
the benefits of having no railroad through the center of a small 
urban community. 
(2) There is authorized to be appropriated, out of the Highway 
Trust Fund, to carry out this subsection not to exceed $8,500,000. 
(3) Funds authorized by this subsection shall be available for 
obligation in the same manner and to the same extent as if such 
funds were apportioned under chapter 1 of title 23, United States 
Code, except that the Federal share of the cost of any project under 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2123 
this subsection shall be 100 per centum of the total cost thereof and 
such funds shall remain available until expended. 
(4) The Secretary of Transportation shall submit to Congress a 
report on the results of the demonstration project not later than 180 
days after completion of such project. 
(jXD The Secretary of Transportation shall conduct a demonstra-
tion project in the State of Illinois for the purpose of demonstrating 
the benefits of constructing usable segments of high-volume facili-
ties, developing methods to achieve the effective implementation of 
massive capital investments made under Federal programs being 
discontinued. 
(2) There are authorized to be appropriated to carry out this 
subsection, out of the Highway Trust Fund, $25,000,000 for each 
fiscal year beginning after September 30, 1982, and ending before 
October 1, 1986. Such sums shall be available until expended, shall 
be available for obligation in the same manner and to the same 
extent as if apportioned under chapter 1 of title 23, United States 
Code, and shall not be subject to any obligation limitation. The 
Federal share of the cost of any project under this subsection shall 
be 50 per centum of the total cost thereof. 
Report to 
Congress. 
Appropriation 
authorization. 
23 u s e 101 et 
seq. 
FEDERAL SHARE OF BRIDGE PROJECTS 
SEC. 132. Notwithstanding any other provision of law, during the 
two-year period beginning on the date of enactment of this section, 
with respect to gmy project in the State of Tennessee for the 
replacement or rehabilitation of a bridge which is wholly funded 
from state and local sources, is eligible for Federal funds under 
section 144 of title 23, United States Code, is certified by the State to 
have been carried out in accordance with all standards applicable to 
such projects under such section 144, and is determined by the 
Secretary upon completion to be no longer a deficient bridge, any 
amount expended after July 1, 1982, from such State and local 
sources for such project in excess of 20 per centum of the cost of 
construction thereof may be credited to the non-Federal share of the 
cost of other projects in such State which are eligible for Federal 
funds under such section 144, in accordance with procedures estab-
lished by the Secretary. 
VEHICLE WEIGHT, LENGTH, AND WIDTH UMITATIONS 
SEC. 133. (a) Section 127 of title 23 of the United States Code is 
amended to read: 
"§ 127. Vehicle weight limitations—Interstate System 
"(a) No funds authorized to be appropriated for any fiscal year 
under provisions of the Federal-Aid Highway Act of 1956 shall be 
apportioned to any State which does not permit the use of the 
National System of Interstate and Defense Highways within its 
boundaries by vehicles with a weight of twenty thousand pounds 
carried on any one axle, including enforcement tolerances, or with a 
tandem axle weight of thirty-four thousand pounds, including en-
forcement tolerances, or a gross weight of at least eighty thousand 
pounds for vehicle combinations of five axles or more. However, the 
maximum gross weight to be allowed by any State for vehicles using 
the National System of Interstate and Defense Highways shall be 
twenty thousand pounds carried on one axle, including enforcement 
70 Stat. 374. 
96 STAT. 2124 
PUBLIC LAW 97-424—JAN. 6, 1983 
tolerances, and a tandem axle weight of thirty-four thousand 
pounds, including enforcement tolerances and with an overall maxi-
mum gross weight, including enforcement tolerances, on a group of 
two or more consecutive axles produced by application of the follow-
ing formula: 
/LN 
X 
W=500 
+ 12N + 36 1 
^ N - 1 
' 
where W equals overall gross weight on any group of two or more 
consecutive axles to the nearest five hundred pounds, L equals 
distance in feet between the extreme of any group of two or more 
consecutive axles, and N equals number of axles in group under 
consideration, except that two consecutive sets of tandem axles may 
carry a gross load of thirty-four thousand pounds each providing the 
overall distance between the first and last axles of such consecutive 
sets of tandem axles is thirty-six feet or more: Provided, That such 
overall gross weight may not exceed eighty thousand pounds, includ-
ing all enforcement tolerances, except for those vehicles and loads 
which cannot be easily dismantled or divided and which have been 
issued special permits in accordance with applicable State laws, or 
the corresponding maximum weights permitted for vehicles using 
the public highways of such State under laws or regulations estab-
lished by appropriate State authority in effect on July 1, 1956, 
except in the case of the overall gross weight of any group of two or 
more consecutive axles, on the date of enactment of the Federal-Aid 
23 use 101 note. 
Highway Amendments of 1974, whichever is the greater. Any 
amount which is withheld from apportionment to any State pursu-
ant to the foregoing provisions shall lapse. This section shall not be 
construed to deny apportionment to any State allowing the oper-
ation within such State of any vehicles or combinations thereof 
which the State determines could be lawfully operated within such 
State on July 1, 1956, except in the case of the overall gross weight 
of any group of two or more consecutive axles, on the date of 
enactment of the Federal-Aid Highway Amendments of 1974. With 
respect to the State of Hawaii, laws or regulations in effect on 
February 1, 1960, shall be applicable for the purposes of this section 
in lieu of those in effect on July 1, 1956. With respect to the State of 
Michigan, laws or regulations in effect on May 1, 1982, shall be 
applicable for the purposes of this subsection. 
"(b) No State may enact or enforce any law denying reasonable 
access to motor vehicles subject to this title to and from the Inter-
state Highway System to terminals and facilities for food, fuel. 
repairs, and rest.' 
MARTIN LUTHER KING BRIDGE 
SEC. 134. The Martin Luther King Bridge which crosses the 
Mississippi River between St. Louis, Missouri, and East St. Louis, 
Illinois, and is not on a Federal-aid system shall be eligible for 
assistance under section 144 of title 23, United States Code, to the 
same extent that any other bridge which is not on a Federal-aid 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2125 
system is eligible for assistance under such section, except that no 
such assistance shall be made avedlable with respect to such bridge 
until such bridge— 
(1) has been transferred to one or both of the States of 
Missouri and Illinois; 
(2) is freed from tolls; and 
(3) otherwise meets the eligibility requirements of such sec-
tion, and the rules and regulations promulgated thereunder. 
MANPOWER STUDY 
SEC. 135. The Secretary of Transportation shall undertake to enter 
23 use lOi note. 
into appropriate arrangements with the National Academy of Sci-
ences' Transportation Research Board to conduct a comprehensive 
study and investigation of future transportation professional man-
power needs, including but not limited to prevailing methods of 
recruitment, training, and financial and other incentives and disin-
centives which encourage or discoureige retention in service of such 
professional manpower by Federal, State, and loccd governments. In 
entering into any arrangement with the National Academy of Sci-
ences for conducting such study and investigation, the Secretary 
shall request the National Academy of Sciences to report to the 
Secretary and the C!ongress not later than two years after the 
enactment of this Act on the results of such study and investigation, 
together with its recommendations. The Secretary shall furnish to 
the Academy at its request any information which the Academy 
deems necessary for the purpose of conducting the study and investi-
gation authorized by this section. 
Report to 
Secretary and 
Congress. 
FERRYBOAT STUDY 
SEC. 136. The Office of Technology Assessment shall conduct a 
comprehensive investigation and study of the feasibility of a high 
speed ferryboat operation over the waters of the Caribbean Sea 
between Saint Croix and Saint Thomas in the Virgin Islands in 
accordance with this section. The Department of Transportation, the 
Army Corps of Engineers, the National Oceanic and Atmospheric 
Administration, and all other agencies, offices, and instrumental-
ities of the United States shall assist the Office in conducting an 
objective investigation and study of such projected operation. The 
Office shall evaluate this projected operation for its feasibility under 
various degrees of commercigd and government sponsorship. The 
Office shall complete and transmit a report on such investigation 
and study to the Congress no later than January 1,1984. 
Report to 
Congress. 
STUDY OF FACTORS IN APPORTIONMENT FORMULAS 
SEC. 137. (a) The Secretary of Transportation shall study and 
determine the need for including weather-related factors, particular-
ly the effects of freezing and thawing, in the apportionment formu-
las for Federal-aid highways under section 104 of title 23, United 
States Code. The Secretary shall report to Congress not later than 
four months after the date of enactment of this Act on the results of 
such study and shall include in such report specific recommenda-
tions for changing such apportionment formulas to take into 
account weather-related factors. 
Report to 
Congress. 
96 STAT. 2126 
PUBLIC LAW 97-424—JAN. 6, 1983 
Federal 
financisil 
assistance, 
distribution 
procedures. 
Report to 
Congress. 
(bXl) The Secretary of Transportation shall make a full and 
complete study regarding the procedures for distributing Federal 
financial assistance for resurfacing, restoring, rehabilitating, and 
reconstructing routes on the Interstate System in order to maintain 
a high level of transportation service. The study shall analyze 
current conditions and factors including, but not limited to, volume 
and mix of traffic, weight and size of vehicles, environmental, 
geographical, and meteorological conditions in various States, and 
other pertinent factors that can be utilized to determine the most 
equitable and efficient method of apportioning such Federal finan-
cial assistance to the several States. In conducting the study the 
Secretary shall consider such criteria as need, national importance, 
impact on individual State highway programs, structural and oper-
ational integrity, and any other relevant criteria, to determine the 
most equitable method of distribution. 
(2) In conducting this study the Secretary shall consult with other 
agencies of the Federal Government, the States and their political 
subdivisions, and other interested private organizations, groups, and 
individuals. 
(3) The Secretary shall report to Congress not later than four 
months after the date of enactment of this section the results of such 
study together with recommendations for necessary legislation. 
Submittal to 
Congress. 
49 u s e 2315 
note. 
Definitions. 
REPORT REGARDING LONGER COMBINATION COMMERCIAL MOTOR 
VEHICLES 
SEC. 138. (a) Within one year after the date of enactment of this 
Act, the Secretary of Transportation, after consultation with the 
transportation officials and Governors of the several States and 
after an opportunity for public comment, shall submit to Congress a 
detailed report on the potential benefits and costs, if any, to ship-
pers, receivers, operators of commercial motor vehicles, and the 
general public, that reasonably may be anticipated from the estab-
lishment of a national intercity truck route network for the oper-
ation of a special class of longer combination commercial motor 
vehicles. 
GJ) For the purposes of this section— 
(1) the term "longer combination commercial motor vehicles" 
means multiple-trailer combinations consisting of (A) truck 
tractor-semitrailer-fuU trailer, and (B) truck tractor-semitrailer-
full trailer-full trailer combinations with an overall length not 
in excess of one hundred and ten feet; and 
(2) the term "national intercity truck route network" means a 
network consisting of a number of controlled-access, intercon-
necting segments of the National System of Interstate and 
Defense Highways and other highways of comparable design 
and traffic capacity including, but not limited to, all such 
highways where the operation of longer combination commer-
cial motor vehicles is authorized on the date of enactment of 
this Act. 
(c) The detailed report mandated by this section shall include, but 
need not be limited to, the following: 
(1) a specific plan for the establishment of a national intercity 
truck route network, including the designation of those specific 
highway segments which would be required to connect the 
major distribution centers and markets for long-haul intercity 
freight service; except that the Secretary of Transportation 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2127 
shall not include in the plan any highway segment which, 
because of design limitations or other factors, cannot accommo-
date the safe operation of longer combination commercial motor 
vehicles; 
(2) an analysis of the intercity motor freight volume that 
reasonably can be anticipated to be transported by longer com-
bination commercial motor vehicles over the national intercity 
truck route network if such network is established by Congress; 
(3) an analysis of the fuel savings that reasonably can be 
anticipated in the transportation of freight by commercial 
motor vehicle if such network is established by Congress; 
(4) an analysis of the productivity gains that reasonably can 
be anticipated to be achieved in the transportation of freight by 
commercial motor vehicle if such network is established by 
Congress; 
(5) an analysis of the fuel conservation and productivity gains 
historically achieved by operators of longer combination com-
mercial motor vehicles; 
(6) an analysis of the safety record of longer combination 
commercial motor vehicle operations that have been conducted 
prior to the date of enactment of this Act; and 
(7) an analysis of the effect of the size and weight limitations 
as in effect after the date of enactment of this Act. 
(d) In making the findings and determinations required by subsec-
tion (c) of this section, and in making the detailed report to Congress 
required by this section, the Secretary of Transportation shall 
assume that the longer combination commercial motor vehicles 
operating on the national intercity truck route network, if and when 
established by Congress, would be subject to the single- and tandem-
axle weight limits imposed by section 127 of title 23, United States 
Code. The Secretary of Transportation shall further assume that the 
overall gross weight of such vehicles on a group of two or more 
consecutive axles shall be limited by the formula set forth in such 
section, and only by such formula. 
(e) In making the detailed report to Congress required by this 
section, the Secretary of Transportation shall assume that longer 
combination commercial motor vehicles operating on the national 
intercity truck route network will have reasonable access to termi-
nals, combination breakup areas, and food and fuel facilities consist-
ent with safe operations of such vehicles. 
(0 Nothing in this section shall be construed to establish Federal 
policy with regard to highway vehicle weight and size standards, nor 
shall an5^hing in this section be construed to preempt or to affect 
any State law establishing highway vehicle weight or size standards. 
The provisions of this section require an investigation and study on 
the feasibility and propriety of making changes in vehicle weight 
and size steuidards which the Congress may choose to consider in the 
future. 
CHANGE IN LOCATION OF INTERSTATE SEGMENTS 
SEC. 139. (a) Notwithstanding the provisions of section 4(b) of the 
Federal-Aid Highway Act of 1981, the Secretary of Transportation 
may approve a change in location of any Interstate route or segment 
and approve, in lieu thereof, the construction of such Interstate 
route or segment on a new location if the original location of such 
route or segment meets the following criteria: (1) it has been desig-
nated under section 103(e) of title 23, United States Code; (2) it is 
Single- and 
tandem-axle 
weight limits. 
Vehicle weight 
and size 
standards. 
Investigation 
and study. 
23 u s e 101 note. 
95 Stat. 1700. 
23 u s e 101 note. 
96 STAT. 2128 
PUBLIC LAW 97-424—JAN. 6, 1983 
serving Interstate travel as of the date of enactment of this section; 
(3) it requires improvements which are eligible under the Federal-
23 use 101 note. 
Aid Highway Act of 1981, and which would either involve major 
modifications in order to meet acceptable standards or result in 
severe environmental impacts and such major modifications or 
mitigation measures relating to the environmental impacts are not 
cost effective. The cost of the construction of such Interstate route or 
segment on new location with funds available under section 108(b) of 
23 use 101 note, 
the Federal-Aid Highway Act of 1956, as amended, shall not exceed 
the estimated cost of the eligible improvements on the original 
location as eligible under the Federal-Aid Highway Act of 1981 and 
included in the 1983 interstate cost estimate as approved by the 
Congress. Such cost shall be increased or decreased, as determined 
by the Secretary, based on changes in construction costs of the 
original location of the route or segment as of the date of approval of 
each project on the new location. Upon approval of a new location, 
and funds apportioned under section 104(b)(5)(A) of title 23, United 
States Code, which were expended on the route or segment in the 
original location shall be refunded to the Highway Trust Fund and 
credited to the unobligated balance of the State's apportionment 
made under section 104(b)(5)(A) of title 23, United States Code, and 
other eligible Federal-aid highway funds may be substituted in lieu 
thereof at the appropriate Federal share. 
(b) Where the Secretary of Transportation approves a relocation of 
an Interstate route or segment under the provisions of subsection (a) 
of this section, such route or segment shall not be eligible for 
withdrawal under the provisions of section 103(e)(4) of title 23, 
United States Code, and shall be subject to the Interstate System 
completion deadlines provided in subsections (d) and (e) of section 
23 use 103 note. 
107 of the Surface Transportation Assistance Act of 1978 or subject 
to Interstate System completion deadlines as may be determined by 
Congress. 
ACCESS CONTROL DEMONSTRATION PROJECTS 
23 use 307 note. 
SEC. 140. Section 1500b) of the Federal-Aid Highway Act of 1978 is 
amended by striking out "1983" and inserting in lieu thereof "1985". 
REVISION OF PROJECT AGREEMENT 
SEC. 141. Notwithstanding any other provision of law, as a condi-
tion of reimbursement of the Federal share of the cost of Federal-aid 
project 23-D-U-54 (100) in New Jersey, the Secretary of Transporta-
tion and the New Jersey Department of Transportation shall revise 
the project agreement for such project to make available financial 
Eissistance not to exceed $1,000,000 for the purpose of compensating 
businesses in the general vicinity of such project that have suffered 
monetary losses as a result of the temporary bypass established to 
accommodate the construction of the project. 
INNOVATIVE TECHNOLOGIES 
23 use 119 note. 
SEC. 142. (a) The Congress hereby finds and declares that it is in 
the national interest to encourage and promote utilization by the 
States of highway and bridge surfacing, resurfacing, or restoration 
materials which are produced from recycled materials or which 
contain asphalt additives to strengthen the materials. Such materi-
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2129 
als conserve energy and reduce the cost of resurfacing or restoring 
our highways. 
(b) TTie Secretary of Transportation is hereby authorized for each 
of the fiscal years through September 30, 1985, to increase the 
Federal share as provided in sections 119, 120, and 144 of title 23, 
United States Code, by 5 per centum of any project submitted by the 
State highway departments which contains in the plans, specifica-
tions, and estimates submitted pursuant to section 106, of title 23, 
United States Code, the use of the materials described in subsection 
(a). To be eligible for such supplemental Federal assistance, signifi-
cant amounts of asphalt additives or recycled materials must be 
used in each project approved by the Secretary. 
(c) The Secretary shall establish a procedure within ninety days of 
the date of enactment of this Act for increasing the Federal share 
under this section. 
ENFORCEMENT OF HEAVY VEHICLE USE TAX 
SEC. 143. (a) Section 141 of title 23, United States Code, is amended 
by adding subsection (d) as follows: 
"(d) The Secretary shall reduce the State's apportionment of 
Federal-aid highway funds under section 104(bX5) of this title in an 
amount up to 25 per centum of the amount to be apportioned in any 
fiscal year beginning after September 30, 1984, during which heavy 
vehicles, subject to the use tax imposed by section 4481 of the 
Internal Revenue Code of 1954, may be lawfully registered in the 
26 use 4481. 
State without having presented proof of payment, in such form as 
may be prescribed by the Secretary of the Treasury, of the use tax 
imposed by section 4481 of such Code. Amounts withheld from 
apportionment to a State under this subsection shall be apportioned 
to the other States pursuant to the formulas of section 104(bX5) of 
this title and shall be available in the same manner and to the same 
extent as other Interstate funds apportioned at the same time to 
other States.". 
MONITORING OF EFFECT OF DOUBLE BOTTOM TRUCKS 
SEC. 144. (a) The Secretary of Transportation shall undertake to 
49 USC 2315 
enter into appropriate arrangements with the National Academy of con-
sciences to monitor the effects on the National System of Interstate 
and Defense Highways of the use of trucks with two trailing units, 
in light of the amendments made by this Act providing that no State 
shall prohibit the use of such vehicle combinations. Such monitoring 
shall include, but need not be limited to, determining the effects of 
the use of such vehicle combinations on highways and highway 
safety in urban and rural areas and in different regions of the 
country, taking into account differences in age and design features 
of highways on the Interstate System. 
(b) The Secretary of Transportation shall request the National 
Report to 
Academy of Sciences to submit a report to the Secretary and the 
con^^*^'^^ ^^'^ 
Congress of such monitoring, not later than two years after appro- 
^^^s^^^s. 
priate arrangements are entered into under subsection (a). The 
Secretary shall furnish to the Academy, at its request, any informa-
tion which the Academy deems necessary for the purpose of conduct-
ing such monitoring. 
96 STAT. 2130 
PUBLIC LAW 97-424—JAN. 6, 1983 
23 u s e 104 note. 
"Qualifying 
project.' 
23 u s e 104 note. 
Reapportion-
ment. 
TEMPORARY MATCHING FUND WAIVER 
SEC. 145. (a) Notwithstanding any other provision of law, the 
Federal share of any qualifying project approved by the Secretary of 
Transportation under section 106(a), and of any qualifying project 
for which the United States becomes obligated to pay under section 
117, of title 23, United States Code, during the period beginning on 
the date of enactment of this Act and ending September 30, 1984, 
shall be such percentage of the construction cost as the State 
highway department requests, up to and including 100 per centum. 
(b) For purposes of this section, the term "qualifying project" 
means a project approved by the Secretary of Transportation under 
section 106(a) of title 23, United States Code, or a project for which 
the United States becomes obligated to pay under section 117 of title 
23, United States Code, for which the Governor of the State submit-
ting the project has certified, in accordance with regulations estab-
lished by the Secretary of Transportation, that sufficient funds are 
not available to pay the cost of the non-Federal share of the project. 
(c) The total amount which may be obligated for qualifying proj-
ects in any State under subsection (a) shall not be greater than the 
excess o
f
— 
(1) the sum of the amount of obligation authority distributed 
to such State for fiscal year 1983 under section 104(b) of this 
Act, plus the amount, if any, available to such State under 
section 150 of this Act, pertaining to minimum allocation, over 
(2) the amount of obligation authority distributed to such 
State for fiscal year 1982 under section 3(b) of the Federal-Aid 
Highway Act of 1981. 
(d) The total amount of such increases in the Federal share as are 
made pursuant to subsection (a) for any State shall be repaid to the 
United States by such State on or before September 30, 1984. Such 
payments shall be deposited in the Highway Trust Fund and such 
repaid amounts shall be credited to the appropriate apportionment 
accounts of such State. 
(e) If a State has not made the repayment as required by subsec-
tion (d) of this section, the Secretary shall deduct from funds appor-
tioned to such State under section 104(b) of title 23, United States 
Code, except for paragraph (5)(A), in each of the fiscal years ending 
September 30, 1985, and September 30, 1986, a pro rata share of 
each category of such apportioned funds, the total amount of which 
shall be equal to 50 per centum of the amount needed for repay-
ment. Any amount deducted under this subsection shall be reappor-
tioned for the fiscal years 1985 and 1986 in accordance with section 
104(b)(1) of title 23, United States Code, to those States which have 
not received a higher Federal share under this section and to those 
States which have made the repayment required by subsection (d). 
LANE RESTRICTIONS 
SEC. 146. The State of California shall not restrict or require the 
restriction of the use of any lane on any Federal-aid highway in the 
unincorporated areas of Alameda County, California, to high occu-
pancy vehicles, exclusive of approaches to controlled access high-
ways, toll roads, or bridges. 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2131 
UPGRADING CERTAIN INTERCHANGES 
SEC. 147. Notwithstanding any other provision of law, in the case 
of any portion of a route on the Interstate System in the State of 
California which is open to traffic and which has less than two 
through lanes in either direction in the area where such route 
connects with a limited access highway on the Federal-aid primary 
system, a project to improve the portion of the Interstate route to a 
design of six lemes and to upgrade the interchange between such 
Interstate route and primary route to accommodate such design 
shall be eligible for funds authorized by section 108(b) of the Federal-
Aid Highway Act of 1956, as amended, as if the costs of such project 
23 USC lOl note. 
were included in the 1981 interstate cost estimate and shall be 
included as an eligible project in the 1983 interstate cost estimate 
and any later interstate cost estimate. 
CONVICT LABOR 
SEC. 148. Section 114(b) of title 23, United States Code, is amended 
by inserting after "Convict labor" the following: "or materials pro-
duced by convict labor". 
PREVAILING RATE OF WAGE 
SEC. 149. Section 113(a) of title 23, United States Ck>de, is amended 
by striking out "initial". 
MINIMUM ALLOCATION 
SEC. 150. (a) Chapter 1 of title 23, United States Code is amended 
by adding at the end thereof the following new section: 
"§ 157. Minimum allocation 
23 USC 157. 
"(a) In the fiscal year ending September 30, 1983, as soon as 
practicable after the date of enactment of this Act, and in each of 
the fiscal years ending September 30, 1984, September 30,1985, and 
September 30, 1986, on October 1, the Secretary of Transportation 
shall allocate among the States, as defined in section 101 of this title 
amounts sufficient to insure that a State's percentage of the total 
apportionments in each such fiscal year of Interstate highway sub-
stitute, primary, secondary. Interstate, urban, bridge replacement 
and rehabilitation, hazard elimination, and rail-highway crossings 
funds under sections 103(eX4), 104(b), 144, and 152 of this title and 
section 203 of the Highway Safetv Act of 1973, as amended, shall not 
23 USC 130 note. 
be less than 85 per centum of the percentage of estimated tax 
payments attributable to highway users in that State paid into the 
Highway Trust Fund, other than the Mass Transit Account, in the 
latest fiscal year for which data is available. 
"(b) Amounts allocated pursuant to subsection (a) of this section 
shall be available for obligation when allocated for the year author-
ized plus the three succeeding Hscal years, shall be subject to the 
provisions of this title 23 and may be obligated for Interstate 
highway substitute, primary, secondary, Interstate, urban, bridge 
replacement and rehabilitation, hazard elimination, and rail-high-
way crossings projects. Obligation limitations for Federal-aid high-
ways and highway safety construction programs established by this 
Act or any subsequent Act shall not apply to obligations made under 
97-200 O—84—pt. 2 
25 : QL3 
96 STAT. 2132 
PUBLIC LAW 97-424—JAN. 6, 1983 
this section, except where the provision of law establishing such 
limitation specifically amends or limits the applicability of this 
sentence. Sums allocated pursuant to this section shall not be 
considered to be sums allocated for purposes of section 104(b) of the 
Ante, p. 2098. 
Highway Improvement Act of 1982. 
(c) In order to carry out this section there is authorized to be 
appropriated out of the Highway Trust Fund, other than the Mass 
Transit Account, such sums as may be necessary for each of the 
fiscal years ending September 30,1983, September 30,1984, Septem-
ber 30,1985, and September 30,1986.". 
(b) The analysis for chapter 1 of title 23, United States Code, is 
amended by adding at the end thereof the following: 
"157. Minimum allocation.". 
DEMONSTRATION PROJECTS-RAIL HIGHWAY CROSSINGS 
SEC. 151. Section 163(p) of the Federal-Aid Highway Act of 1973, 
23 use 130 note, 
as amended, is amended by inserting after "1982," the following: 
"and $50,000,000 for the fiscal year ending September 30, 1983, and 
$50,000,000 for the fiscal year ending September 30, 1984, and 
$50,000,000 for the fiscal year ending September 30, 1985, and 
$50,000,000 for the fiscal year ending September 30, 1986," and by 
adding at the end thereof the following: "Notwithstanding any other 
provision of this section, any project which is not under construc-
tion, according to the Secretary of Transportation, by Septem-
ber 30, 1985, shall not be eligible for additional funds under this 
authorization.". 
STUDY OF METHANE CONVERSION FOR HIGHWAY FUEL USE 
23 use 307 note. 
SEC. 152. The Secretary of Transportation shall study, out of any 
funds available to the Secretary of Transportation for research 
purposes, the potential for recovering methane which is released in 
the process of offshore oil drilling and converting such methane on a 
floating conversion plant located at the drilling site into methanol 
for use as a fuel for highway vehicles. Such study shall include, but 
need not be limited to, a determination of the quality and quantity 
of the methane which is released at offshore drilling sites at various 
locations and the costs involved in recovering such methane and 
converting it in the manner described in the preceding sentence. 
The Secretary shall also determine the permitting requirements 
which would apply to such floating conversion plants and the most 
Report to 
effective way to implement those permitting requirements. The 
eongress. 
Secretary shall report to the Congress the results of the study under 
this section not later than one year after the date of enactment of 
this Act. 
EMERGENCY REUEP 
SEC. 153. (aXD The first sentence of subsection (a) of section 125 of 
title 23, United States Code, is amended by striking the first sen-
tence thereof and inserting in lieu thereof the following: "An emer-
gency fund is authorized for expenditure by the Secretary, subject to 
the provisions of this section and section 120 of this title, for the 
repair or reconstruction of highways, roads, and trails which the 
Secretary shall find have suffered serious damage as the result of (1) 
natursd disaster over a wide area such as by floods, hurricanes, tidal 
waves, earthquakes, severe storms, or landslides, or (2) catastrophic 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2133 
failures from any external cause, in any part of the United States. 
In no event shall funds be used pursuant to this section for the 
repair or reconstruction of bridges which have been permanently 
closed to all vehicular traffic by the State or responsible local official 
because of imminent danger of collapse due to structural deficien-
cies or physical deterioration.". 
(2) Subsection (a) of section 125 of title 23, United States Code, is 
further amended by inserting in the second sentence, as that sen-
tence read prior to the amendments made by paragraph (1) of this 
subsection, after the word "appropriated" the words "from the 
Highway Trust Fund". 
(b) Notwithstanding any other provision of law, all expenditures 
made under section 125 of title 23, United States Code, prior to the 
fiscal year ending September 30, 1978, are authorized to have been 
appropriated from the Highway Trust Fund. 
(c) Subsection (a) of section 125 of title 23, United States Code, is 
amended by inserting in the second sentence after the words "after 
September 30, 1976," the words "and not more than $100,000,000 is 
authorized to be expended in any one fiscal year commencing after 
September 30,1980,^'. 
(d) Subsection (b) of section 125 of title 23, United States Code, is 
amended by striking the period at the end of the first sentence, 
inserting a colon in lieu thereof, and by adding the following: 
"Provided, That obligations for projects under this section, including 
those on highways, roads, and trails mentioned in subsection (c) of 
this section, resulting from a single natural disaster or a single 
catastrophic failure shall not exceed $30,000,000 in any State.". 
(e) The amendments made by subsection (d) of this section shall 
apply to natural disasters or catastrophic failures which the Secre-
tary finds eligible for emergency relief subsequent to the date of 
enactment of this section. 
(f) Subsection (f) of section 120 of title 23, United States Code, is 
amended to read as follows: 
"(f) The Federal share payable on account of any repair or recon-
struction provided for by funds made available under section 125 of 
this title shall not exceed 100 per centum of the cost thereof: 
Provided, That the Federal share payable on account of any repair 
or reconstruction of forest highways, forest development roads and 
trails, park roads and trails, parkways, public lands highways, 
public lands development roads and trails, and Indian reservation 
roads may amount to 100 per centum of the cost thereof. The total 
cost of a project may not exceed the cost of repair or reconstruction 
of a comparable facility. As used in this section with respect to 
bridges and in section 144 of this title, 'a comparable facility' shall 
mean a facility which meets the current geometric and construction 
standards required for the types and volume of traffic which such 
facility will carry over its design life.". 
(g) All obligations for projects resulting from a natural disaster or 
catastrophic failure which the Secretary finds to be eligible for 
emergency relief subsequent to the date of enactment of this subsec-
tion shall provide for the Federal share required by subsection (f) of 
section 120 of title 23, United States Code, as amended by this 
section. 
(hXD Subsection Ot)) of section 125 of title 23, United States Code, is 
amended by striking the words "the Federal-aid highway systems, 
including the Interstate System" and by inserting in lieu thereof the 
words "the Interstate System, the Primary System, and on any 
23 u s e 125 note. 
23 u s e 125 note. 
Federal share. 
"A comparable 
facility.' 
23 u s e 120 note. 
96 STAT. 2134 
PUBLIC LAW 97-424—JAN. 6, 1983 
routes functionally classified as arterials or major collectors," in the 
two places the stricken words appear. 
(2) Subsection (c) of section 125 of title 23, United States Code, is 
amended by striking the words "on any of the Federal-aid highway 
systems" and inserting in lieu thereof the words "routes function-
ally classified as arterials or major collectors". 
HIGHLAND SCENIC HIGHWAY 
87 Stat. 279. 
SEC. 154. Section 161(f) of the Federal-Aid Highway Act of 1973 is 
amended to read as follows: 
"(f) The Highland Scenic Highway as authorized by subsection (a) 
of this section and all associated lands and rights-of-way shall be 
managed as part of the Monongahela National Forest for scenic and 
recreational purposes. Vehicle use shall be confined to passenger 
cars, recreational vehicles, and limited truck traffic to the extent 
such use is compatible with the purpose for which the highway was 
constructed. Commercial use by trucks shall be limited and con-
trolled by permit.". 
DEFENSE ACCESS ROAD 
SEC. 155. Section 210(c) of title 23, United States Code, is amended 
by striking "Not exceeding $5,000,000 of any funds appropriated 
under the Act approved October 16, 1951 (65 Stat. 422)", and insert-
ing in lieu thereof "Funds appropriated for defense maneuvers and 
exercises". 
RESEARCH A N D PLANNING 
SEC. 156. (a) Subsection (c) of section 307, title 23, United States 
Code, is amended by adding paragraph (5) as follows: 
^ 
"(5) The sums provided pursuant to paragraph (2) of this subsec-
tion shall be combined and administered by the Secretary as a single 
fund which shall be available for obligation for the same period as 
funds apportioned under section 104(b)(1) of this title.". 
(b) Subsection (c)(2) of section 307, title 23, United States Code, is 
amended by striking "1964" and inserting in lieu thereof "1983", 
and by striking "section 104" and inserting in lieu thereof "sections 
104 and 144". 
Federal share. 
(c) Section 120 of title 23, United States Code, is amended by 
adding a subsection (i) as follows: 
"(i) The Federal share payable on account of any project financed 
under section 307(c) of this title shall be 85 per centum, except that 
in the case of any State containing nontaxable Indian lands, individ-
ual and tribal, and public domain lands (both reserved and 
unreserved) exclusive of national forests and national parks and 
monuments, exceeding 5 per centum of the total area of all lands 
therein, the Federal share shall be increased by a percentage of the 
remaining cost equal to the percentage that the area of all such 
lands in such State is of its total area, except that such Federal 
share payable on any project in any State shall not exceed 95 per 
centum of the total cost of any such project.". 
(d) Section 307(cXl) of title 23, United States Code, is amended by 
adding in the last sentence after "highways and highway systems' 
the words "and for study, research and training on engineering 
standards and construction materials, including evaluation and 
accreditation of inspection and testing,". 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2135 
ALASKA HIGHWAY 
SEC. 158. Subsection (a) of section 218 of title 23, United States 
Code, is amended by adding after the second sentence the following: 
"Notwithstanding any other provision of law, in addition to such 
funds, upon agreement with the State of Alaska, the Secretary is 
authorized to expend on such highway any Federal-aid highway 
funds apportioned to the State of Alaska under this title at a 
Federal share of 100 per centum. Notwithstanding any other provi-
sion of law, any obligation limitation enacted for fiscal year 1983 or 
for any other fiscal year thereafter shall not apply to projects 
authorized by the preceding sentence.". 
DEFINITION 
SEC. 159. The definition of the term "construction" in section 
101(a), title 23, United States Code, is amended by striking the 
period at the end thereof and inserting in lieu thereof the following: 
"and also includes costs incurred by the State in performing 
Federal-aid project related audits which directly benefit the Federal-
aid highway program," 
REPORTS 
SEC. 160. (a) Section 307 of title 23, United States Code, is amended 
by adding a new subsection (e) as follows: 
"(e) The Secretary shall report to the Congress in January 1983, 
and in January of every second year thereafter, estimates of the 
future highway needs of the Nation." 
(b) Section 3 of Public Law 89-139, 79 Stat. 578, August 28, 1965, 
and section 17 of the Federal-Aid Highway Act of 1968 are hereby 
repealed. 
DISCRETIONARY BRIDGE CRITERIA 
SEC. 161. The Secretary of Transportation shall develop a selection 
process for discretionary bridges authorized to be funded under 
section 144(g) of title 23, United States Code, and shall propose and 
issue a final regulation no later than six months after the date of 
enactment of this Act, including a formula resulting in a rating 
factor based on the following criteria for such process. Such criteria 
shall give funding priority to those discretionary bridges already 
eligible under section 144(g) of title 23, United States Code. Eligible 
bridges after the issuance of a final regulation shall only include 
those with a rating factor of one hundred or less, based on a scale of 
zero to infinity. The criteria for such additional bridges which the 
Secretary shall consider are: 
(1) sufficiency rating computed as illustrated in appendix A of 
the Recording and Coding Guide for the Structure Inventory 
and Appraisal of the Nation's Bridges, USDOT/FHWA (latest 
edition); 
(2) average daily traffic using the most current value from the 
national bridge inventory data; 
(3) average daily truck traffic; 
(4) defense highway system status; 
(5) the State s unobligated balance of funds received under 
section 144 of title 23, United States Code, and the total funds 
received under section 144 of title 23, United States Code; 
(6) total project cost; and 
Submittal to 
Congress. 
Repeals. 
23 u s e 101 
notes. 
82 Stat. 823. 
23 u s e 144 note. 
Additional 
bridges. 
96 STAT. 2136 
PUBLIC LAW 97-424—JAN. 6, 1983 
(7) special consideration should be given to bridges closed to 
all traffic or restricted to loads less than ten tons. Other unique 
considerations and the need to administer the program from a 
balanced national perspective should also be considered. 
WITHDRAWAL AND DESIGNATION OF CERTAIN INTERSTATE ROUTES 
SEC. 162. (a) Notwithstanding the first sentence of section 103(e)(4) 
of title 23, United States Code, the Secretary of Transportation 
shall, upon application of the State of New Jersey, withdraw under 
such section 103(e)(4) his approval of the designation on the National 
System of Interstate and Defense Highways of the portion of Inter-
state Route 95 and Interstate Route 695 from the intersection with 
Interstate Route 295 in Hopewell Township, Mercer County, New 
Jersey, to the proposed intersection with Interstate Route 287 in 
Franklin Township, Somerset County, New Jersey. 
(b) Notwithstanding any other provision of law, the Secretary of 
Transportation is authorized and directed, pursuant to section 103 of 
such title, to designate as part of the Interstate Highway System the 
New Jersey Turnpike from exit 10 to the interchange with the 
Pennsylvania Turnpike and the Pennsylvania Turnpike from such 
interchange to and including the proposed interchange with Inter-
state Route 95 in Bucks County, Pennsylvania. 
(c) The Secretary of Transportation is further authorized and 
directed to designate the highways described in subsection (b) as 
Interstate Route 95 and assure through proper sign designations the 
orderly connection of Interstate Route 95 pursuant to this section. 
USE OF HIGH OCCUPANCY LANES 
23 use 146 note. 
SEC. 163. Notwithstanding any provision of this Act or any other 
law, no funds shall be appropriated for the construction or resurfac-
ing of Federal aid highways which have lanes designated as carpool 
lanes unless the use of such lanes includes use by motorcycles. Upon 
certification by the State to the Secretary of Transportation, the 
State may restrict such use by motorcycles if such use would create 
a safety hazard. 
INFRASTRUCTURE STUDY 
SEC. 164. (a) The Committee on Public Works and Transportation 
is authorized to contract for the design and preparation of a 
National Public Works Inventory and Assessment and a prelimi-
nary analysis of relevant, existing data. 
(b) The Committee on House Administration shall make available 
not more than $3,000,000 for the purpose specified in subsection (a). 
BUY AMERICA 
23 use 101 note. 
SEC. 165. (a) Notwithstanding any other provision of law, the 
Secretary of Transportation shall not obligate any funds authorized 
to be appropriated by this Act or by any Act amended by this Act or, 
after the date of enactment of this Act, any funds authorized to be 
appropriated to carry out this Act, title 23, United States Code, the 
49 use 1601 
Urban Mass Transportation Act of 1964, or the Surface Transporta-
23 use 101 note 
*^°^ Assistance Act of 1978 and administered by the Department of 
Transportation, unless steel, cement, and manufactured products 
used in such project are produced in the United States. 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2137 
(b) The provisions of subsection (a) of this section shall not apply 
where the Secretary finds— 
(1) that their application would be inconsistent with the 
public interest; 
(2) that such materials and products are not produced in the 
United States in sufficient and reasonably available quantities 
and of a satisfactory quality; 
(3) in the case of the procurement of bus and other rolling 
stock (including train control, communication, and traction 
power equipment) under the Urban Mass Transportation Act of 
1964, that (A) the cost of components which are produced in the 
49 USC 1601 
United States is more than 50 per centum of the cost of all 
^°^-
components of the vehicle or equipment described in this para-
graph, and (B) final assembly of the vehicle or equipment 
described in this paragraph has taken place in the United States; 
(4) that inclusion of domestic material will increase the cost of 
the overall project contract by more than 10 per centum in the 
case of projects for the acquisition of rolling stock, and 25 per 
centum in the case of all otner projects. 
(c) For purposes of this section, in calculating components' costs, 
labor costs involved in final assembly shall not be included in the 
calculation. 
(d) The Secretary of Transportation shall not impose any limita-
tion or condition on assistance provided under this Act, the Urban 
Mass Transportation Act of 1964, the Surface Transportation Assist-
ance Act of 1978, or title 23, United States Code, which restricts any 
23 USC lOl note. 
State from imposing more stringent requirements than this section 
on the use of articles, materials, and supplies mined, produced, or 
manufactured in foreign countries in projects carried out with such 
assistance or restricts any recipient of such assistance from comply-
ing with such State imposed requirements. 
(e) Section 401 of the Surface Transportation Assistance Act of 
^??5j;,„, 
1978 is repealed. 
i ulc'i'"*"" 
TITLE II 
note. 
Highway Safety 
SHORT TITLE 
^^^ °^ ^^^^• 
SEC. 201. This title may be cited as the "Highway Safety Act of 
23 USC 401 note. 
1982". 
HIGHWAY SAFETY AUTHORIZATIONS 
SEC. 202. The following sums are hereby authorized to be 
appropriated: 
(1) For bridge replacement and rehabilitation under section 144 of 
title 23, United States Code, out of the Highway Trust Fund, 
$1,600,000,000 (reduced by the amount authorized by section 5(a)(1) 
of the Federal-Aid Highway Act of 1982) for the fiscal year ending 
Ante, p. 1612. 
September 30,1983, $1,650,000,000 for the fiscal year ending Septem-
ber 30, 1984, $1,750,000,000 for the fiscal year ending September 30, 
1985, $2,050,000,000 for the fiscal year ending September 30, 1986. 
(2) For projects for elimination of hsizards under section 152 of 
title 23, United States Code, out of the Highway Trust Fund, 
$200,000,000 (reduced by the amount authorized by section 5(aX2) of 
the Federal-Aid Highway Act of 1982) for the fiscal year ending 
September 30, 1983, $200,000,000 for the fiscal year ending Septem-
ber 30, 1984, $200,000,000 for the fiscal year ending September 30, 
1985, and $200,000,000 for the fiscal year ending September 30, 1986. 
96 STAT. 2138 
PUBLIC LAW 97-424—JAN. 6, 1983 
HIGHWAY SAFETY 
Appropriation 
SEC. 203. (aXD There is hereby authorized to be appropriated for 
authorization. 
carrying out section 402 of title 23, United States Code (relating to 
highway safety programs), by the National Highway Traffic Safety 
Administration, out of the Highway Trust Fund, $100,000,000 per 
fiscal year for each of the fiscal years ending September 30, 1985, 
and September 30,1986. 
(2) Out of the funds authorized to be appropriated under para-
graph (1) of this subsection for each of the fiscal years ending 
September 30, 1985, and September 30, 1986, not less than 
$20,000,000 per fiscal year shall be obligated under section 402 of 
title 23, United States Code, for the purpose of enforcing the fifty-
five-miles-per-hour speed limit established by section 154 of such 
title. 
Safety belt 
(3) Each State shall expend each fiscal year not less than 2 per 
usage. 
centum of the amount apportioned to it for such fiscal year of the 
sums authorized by paragraph (1) of this subsection, for programs to 
encourage the use of safety belts by drivers of, and passengers in, 
motor vehicles. 
(b) Notwithstanding any other provision of law, the total of all 
obligations for highway safety programs carried out by the National 
Highway Traffic Safety Administration under section 402 of title 23, 
United States Code, shall not exceed $100,000,000 per fiscal year for 
each of the fiscal years ending September 30, 1985, and September 
30,1986, and the total of all obligations for highway safety programs 
carried out by the Federal Highway Administration under section 
402 of title 23, United States Code, shall not exceed $10,000,000, per 
fiscal year for each of such fiscal years. 
95 Stat. 626. 
(c) Section 202 of the Highway Safety Act of 1978 is amended as 
follows: 
(1) Paragraph (2) is amended by striking out "and September 
30, 1984." and inserting in lieu thereof "September 30, 1984, 
September 30,1985, and September 30,1986.". 
(2) Paragraph (3) is amended by striking out "and September 
30, 1984." and inserting in lieu thereof "September 30, 1984, 
September 30,1985, and September 30,1986.". 
(3) Paragraph (5) is amended by striking out "and September 
30, 1984." and inserting in lieu thereof "September 30, 1984, 
September 30,1985, and September 30,1986.". 
(d) Of the funds authorized to be appropriated by section 202(3) of 
the Highway Safety Act of 1978 for any fiscal year ending before 
October 1, 1982, which have not been obligated for expenditure 
before the date of enactment of this Act, $9,600,000 shall not be 
available for obligation, and shall no longer be authorized, on and 
after such date of enactment. 
55 M.P.H. BENEFITS STUDY 
23 use 154 note. 
SEC. 204. The Secretary of Transportation shall undertake to enter 
into appropriate arrangements with the National Academy of Sci-
ences to conduct a comprehensive study and investigation of (1) the 
benefits, both human and economic, of lowered speeds due to the 
enactment of the 55 mile per hour National Maximum Speed Limit, 
with particular attention to savings to the taxpayers, and (2) 
whether the laws of each State constitute a substantial deterrent to 
violations of the maximum speed limit on public highways within 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2139 
such State. In entering into any arrangement with the National 
Academy of Sciences for conducting such study and investigation, 
the Secretary shall request the National Academy of Sciences to 
report to the Secretary and the Congress not later than twelve 
months after the date of enactment of this Act on the results of such 
study and investigation, together with its recommendations. The 
Secretary shall furnish to such Academy at its request any informa-
tion which the Academy deems necessary for the purpose of conduct-
ing the investigation and study authorized by this section. 
Report to 
Secretary and 
Congress. 
RAIL-HIGHWAY CROSSINGS 
SEC. 205. The first sentence of subsection (b) of section 203 of the 
Highway Safety Act of 1973 (Public Law 93-87), as amended, is 
amended by inserting "and" after "1979," and by striking out "and 
September 30, 1982" and all that follows through the period at the 
end of such sentence and inserting in lieu thereof "September 30, 
1982, September 30, 1983, September 30, 1984, September 30, 1985, 
and September 30,1986.". 
23 u s e 130 note. 
PUBUC INFORMATION 
SEC. 206. Section 209 of the Highway Safety Act of 1978 is amend- 
23 use 40i note. 
ed by striking out ", acting through the Administrator of the 
Federal Highway Administration," each place it appears, in subsec-
tion (g) by striking out "Federal Highway Administration to" and 
inserting in lieu thereof "Secretary of Transportation to", and by 
adding at the end of such section the following new subsection: 
"(i) All provisions of chapter 1 of title 23, United States Code, that 
23 use lOi et 
are applicable to Federal-aid primary highway funds, other than 
*^9-
provisions relating to the apportionment formula and provisions 
limiting the expenditure of such funds to the Federal-aid systems, 
shall apply to the funds authorized to be appropriated to carry out 
this section, except as determined by the Secretary to be inconsist-
ent with this section.". 
SAFETY 
PERFORMANCE 
REPORTS 
SEC. 207. The Secretary of Transportation shall prepare, publish, 
and submit to Congress not later than December 31 of each calendar 
year beginning after December 31, 1982, a report on the highway 
safety performance of each State in the preceding calendar year. 
Such report shall provide data on highway fatalities and injuries 
and motor vehicle accidents involving fatalities and injuries and 
travel in urban areas of each State for each system of highways and 
in rural areas of such State for each system of highways. Such 
report shall be in such form and contain such other information on 
highway accidents as will permit an evaluation and comparison of 
highway safety performance of the States. For purposes of this 
section (1) the systems of highways in a State are the Federal-aid 
primary system, the Federal-aid secondary system, the Federal-aid 
urban system, and the Interstate System (as such terms are defined 
in section 101 of title 23, United States Code) and the other high-
ways in such State which are not on the Federal-aid system, and (2) 
the terms "State", "rural areas", and "urban area" have the mean-
ing such terms have under such section 101. 
Submittal to 
Congress. 
23 u s e 401 note. 
Definitions. 
96 STAT. 2140 
PUBLIC LAW 97-424—JAN. 6, 1983 
ANNUAL APPORTIONMENT FORMULA 
SEC. 208. The sixth sentence of section 402(c) of title 23, United 
States Code, is amended by striking out ", except that the apportion-
ments to the Virgin Islands, Guam, and American Samoa shall not 
be less than one-third of 1 per centum of the total apportionment". 
MINIMUM DRINKING AGE 
23 use 408 note. 
ggc. 209. The Congress strongly encourages each State to prohibit 
the sale of alcoholic beverages to persons who are less than 21 years 
of age. 
Federal Public 
TITLE III 
Transportation 
Act of 1982. 
SHORT TITLE 
49 use 1601 
SEC. 301. This title may be cited as the "Federal Public Transpor-
^°^- 
tationActofl982". 
AUTHORIZATIONS OP APPROPRIATIONS 
SEC. 302. (a) The Urban Mass Transportation Act of 1964 is 
49 use 1618. 
amended by striking out sections 21 and 22 and inserting in lieu 
Post, p. 2154. 
thereof the foUoAving new section: 
"AUTHORIZATIONS OF APPROPRIATIONS 
49 use 1617. 
"SEC. 21. (a)(1) There is hereby authorized to be appropriated to 
Post, p. 2141; 49 
carry out the provisions of sections 9 and 18 of this Act not to exceed 
use 1614. 
$2,750,000,000 for the fiscal year ending September 30, 1984, 
$2,950,000,000 for the fiscal year ending September 30, 1985, and 
$3,050,000,000 for the fiscal year ending September 30, 1986, and 
funds appropriated under this subsection shall remain available 
until expended. 
"(2)(A) There shall be available from the Mass Transit Account of 
Post, p. 2147. 
the Highway Trust Fund only to carry out sections 9A and 18 of this 
Act $779,000,000 for fiscal year 1983. 
"(B) There shall be available from the Mass Transit Account of 
the Highway Trust Fund only to carry out sections 3, 4(i), 8, and 
49 use 1602, 
160)) of this Act $1,250,000,000 for fiscal year 1984, $1,100,000,000 for 
1603,1607,1612. fls^ai year 1985, and $1,100,000,000 for fiscal year 1986. 
"(C) Notwithstanding any other provision of law, approval by the 
Secretary of a grant with funds made available under subpara-
graphs (A) and (B) of this paragraph shall be deemed a contractual 
obligation of the United States for payment of the Federal share of 
the cost of the project. 
"(3) In fiscal year 1983, 2.93 per centum of the amount made 
available from the Mass Transit Account of the Highway Trust 
Fund under paragraph (2) of this subsection shall be available to 
49 use 1614. 
carry out section 18 of the this Act. 
"(4) In each of fiscal years 1984,1985, and 1986, 2.93 per centum of 
the amount appropriated from the general fund of the Treasury 
under paragraph (1) of this subsection shall be available to carry out 
section 18 of this Act and shall remain available until expended. 
"(5) Of the funds available for obligation under paragraph (2XB), 
$50,000,000 shall be used in each of fiscal years 1984, 1985, and 1986 
49 use 1607. 
for the purposes of section 8 of this Act. Nothing herein shall 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2141 
prevent the use of additional funds available under this subsection 
for planning purposes. 
"(b) There is hereby authorized to be appropriated to carry out 
sections 6, 10, 11(a), 12(a), and 20 of this Act not to exceed 
49usci605, 
$86,250,000 for the fiscal year ending September 30, 1983, 
}S?iJ?f''' 
$86,000,000 for the fiscal year ending September 30, 1984, and 
^*'"«'i*'!^ 
$90,000,000 per fiscal year for each of the fiscal years ending Sep-
tember 30, 1985, and September 30, 1986. Sums appropriated pursu-
ant to this subsection for financing projects funded under section 6 
of this Act shall remain available until expended.". 
(b) The second sentence of section 4(a) of such Act is amended by 
49 use 1603. 
striking out "80 per centum" and inserting in lieu thereof "75 per 
centum". 
(c) Section 4(cX3XA) of such Act is amended by inserting "and" 
after "September 30,1981;" and by striking out "; and $1,580,000,000 
for the fiscal year ending September 30,1983". 
(d) Section 4(f) of such Act is amended bv striking out "18, 21, and 
22," and inserting in lieu thereof "and 18, . 
(e) Section 4(g) of such Act is amended by striking out "such 
sums as may be necessary" and inserting in lieu thereof "not to 
exceed $365,000,000 for the fiscal year ending September 30, 1983, 
$380,000,000 for the fiscal year ending September 30, 1984, 
$390,000,000 for the fiscal year ending September 30, 1985, and 
$400,000,000 for the fiscal year ending September 30,1986,". 
BLOCK GRANTS 
SEC. 303. (a) The Urban Mass Transportation Act of 1964 is 
amended by inserting immediately after section 8 the following new 
sections: 
"BLOCK GRANTS 
"SEC. 9. (aXD Of the amount appropriated from the general fund 
49 use I607a. 
of the Treasury under section 21(a) of this Act, 8.64 per centum shall 
^nte, p. 2140. 
be available for expenditure under this section in each fiscal year 
only in urbanized areas with a population of less than 200,000. 
"(2) Of the amount appropriated from the general fund of the 
Treasury under section 21(a) of this Act, 88.43 per centum shall be 
available for expenditure under this section in each fiscal year only 
in urbanized areas with a population of 200,000 or more. 
"(bXD Of the funds available under subsection (aX2) of this sec-
tion, 33.29 per centum shall be avsdlable for expenditure in urban-
ized areas of 200,000 population or more in accordance with this 
subsection. 
"(2) 95.61 per centum of the amount made available under para-
graph (1) of this subsection shall be apportioned as follows: 
"(A) 60 per centum of the amount so apportioned multiplied 
by the ratio which the number of fixed guideway revenue 
vehicle miles attributable to the urbanized area, as determined 
by the Secretary, bears to the total number of all fixed 
guideway revenue vehicle miles attributable to all such urban-
ized areas; and 
"(B) 40 per centum of the amount so apportioned multiplied 
by the ratio which the number of fixed guideway route miles 
attributable to the urbanized area, as determined by the Secre-
tary, bears to the total number of all fixed guideway route miles 
attributable to all such urbanized areas. 
96 STAT. 2142 
PUBLIC LAW 97-424—JAN. 6, 1983 
Definitions. 
Apportionment 
formula. 
No urbanized area in which commuter rail service is provided and 
which has a population of 750,000 or more shall receive less than 
0.75 per centum of the sums made available under this paragraph. 
Under this paragraph, fixed guideway revenue vehicle or route 
miles provided, and passengers served thereby, in an urbanized area 
of less than 200,000 population, where such revenue vehicle miles or 
route miles and passengers served would otherwise be attributable 
to an urbanized area with a population of 1,000,000 or more in an 
adjacent State, shall be attributable to the public body in the State 
in which such urbanized area of less than 200,000 population is 
located as if the public body were an urbemized area of 200,000 or 
more so long as such public body contracts, directly or indirectlv, for 
such service. For the purpose of this subsection, the terms fixed 
guideway revenue vehicle miles' and 'fixed guideway route miles' 
shall include ferry boat operations directly or under contract by the 
designated recipient. 
"(3) 4.39 per centum of the amount made available for expenditure 
among urbanized areas of 200,000 population or more under para-
graph (1) of this section shall be apportioned as follows: in the ratio 
that the number of fixed guideway vehicle passenger miles traveled 
multiplied by the number of fixed guideway vehicle passenger miles 
traveled for each dollar of operating cost in each such urbanized 
area bears to the sum of the number of fixed guideway vehicle 
passenger miles traveled multiplied by the number of fixed 
guideway vehicle passenger miles traveled for each dollar of operat-
ing cost in all such urbanized areas. No urbanized area in which 
commuter rail service is provided and which has a population of 
750,000 or more shall receive less than 0.75 per centum of the sums 
made available under this paragraph. 
"(cXD Of the funds available under subsection (aX2) of this section, 
66.71 per centum shall be available for expenditure in urbanized 
areas with a population of 200,000 or more in accordance with this 
subsection. 
"(2) 90.8 per centum of the amount made available under para-
graph (1) of this subsection shall be apportioned as follows: 
"(A) 73.39 per centum shall be made available for expenditure 
in only those urbanized areas with a population of 1,000,000 or 
more, and on the basis of a formula under which such urbanized 
area will be entitled to receive an amount equal to the sum of^ 
"(i) 50 per centum of the amount available under this 
subparagraph multiplied by the ratio which the total bus 
revenue vehicle miles operated in or directly serving such 
urbanized area bears to the total bus revenue vehicle miles 
in all such urbanized areas; 
"(ii) 25 per centum of such amount multiplied by the ratio 
which the population of such urbemized area bears to the 
total population of all such urbanized areas as shown by the 
latest Federal census; and 
"(iii) 25 per centum of such amount multiplied by a ratio 
for that urbanized area determined on the basis of popula-
tion weighted by a factor of density, as determined by the 
Secretary; and 
"(B) 26.61 per centum shall be made available for expenditure 
in only those urbanized areas with a population of less than 
1,000,000 and on the basis of a formula under which such 
urbanized areas will be entitled to receive an amount equal to 
the sum o
f
— 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2143 
"(i) 50 per centum of the amount available under this 
subparagraph multiplied by the ratio which the total bus 
revenue vehicle miles operated in or directly serving such 
urbanized area bears to the total bus revenue vehicle miles 
in all such urbanized areas; 
"(ii) 25 per centum of such amount multiplied by the ratio 
which the population of such urbanized area bears to the 
total population of all such urbanized areas as shown by the 
latest available Federal census; and 
"(iii) 25 per centum of such amount multiplied by a ratio 
for that urbanized area determined on the basis of popula-
tion weighted by a factor of density, as determined by the 
Secretary, 
"(3) 9.2 per centum of the amount made available under para-
graph (1) of this subsection shall be apportioned among urbanized 
areas of 200,000 population or more as follows: in the ratio that the 
number of bus passenger miles traveled multiplied by the number of 
bus passenger miles traveled for each dollar of operating cost in 
each such urbanized area bears to the sum of the number of bus 
passenger miles traveled multiplied by the number of bus passenger 
miles traveled for each dollar of operating cost in all such urbanized 
areas. 
"(d) Funds available under subsection (a)(1) of this section shall be 
apportioned on the basis of a formula under which urbanized areas 
of less than 200,000 population shall be entitled to receive an 
amount equal to the sum of— 
"(1) one-half of the total amount so apportioned multiplied by 
the ratio which the population of such urbanized area bears to 
the total population of all such urbanized areas as shown by the 
latest available Federal census; and 
"(2) one-half of the total amount so apportioned multiplied by 
a ratio for that urbanized area determined on the basis of 
population weighted by a factor of density, as determined by the 
Secretary. 
As used in this section, the term 'density' means the number of 
inhabitants per square mile. 
"(e)(1) The provisions of sections 3(e), 3(f), 3(g), 5(kX3), 12(c), 13, and 
19 shall apply to this section and to every grant made under this 
section. No other condition, limitation, or other provision of this Act, 
other than as provided in this section, shall be applicable to this 
section and to grants for programs of projects made under this 
section. 
"(2) To receive a grant under this section for any fiscal year, a 
recipient shall, within the time specified by the Secretary, submit a 
final program of projects prepared pursuant to subsection (f) and the 
certifications required by paragraph (3). 
"(3) Each recipient (including any person receiving funds from a 
Governor under this section) shall submit to the Secretary annually 
a certification that such recipient— 
"(A) has or will have the legal, financial, and technical capac-
ity to carry out the proposed program of projects; 
"(B) has or will have satisfactory continuing control, through 
operation or lease or otherwise, over the use of the facilities and 
equipment, and will maintain such facilities and equipment; 
"(C) will comply with requirements of section 5(m) of this Act; 
"(D) will give the rate required by section 5(m) of this Act to 
any person presenting a medicare card duly issued to that 
Apportionment 
ratio. 
Apportionment 
formula. 
"Density." 
49 u s e 1602, 
1604, 1608, 1609, 
1615. 
Grant recipients. 
Certification, 
annual 
submittal to 
Secretary. 
96 STAT. 2144 
PUBLIC LAW 97-424—JAN. 6, 1983 
42 u s e 401, 
1395. 
49 u s e 1607, 
1612. 
Proposed project 
program. 
Information 
availability to 
public. 
Hearing. 
Reviews and 
audits. 
person pursuant to title II or title XVIII of the Social Security 
Act; 
"(E) in carrjdng out procurements under this subsection, will 
use competitive procurements (as defined or approved by the 
Secretary), will not use procurements utilizing exclusionary or 
discriminatory specifications, and will carry out procurements 
in compliance with applicable Buy America provisions; 
"(F) has complied with the requirements of subsection (f); 
"(G) has available and will provide the required amount of 
funds in accordance with subsection (k)(l) of this section and 
will comply with the requirements of sections 8 and 16 of this 
Act; and 
"(H) has a locally developed process to solicit and consider 
public comment prior to raising fares or implementing a major 
reduction of transit service. 
"(f) Each recipient shall— 
"(1) make available to the public information concerning the 
amount of funds available under this subsection and the pro-
gram of projects that the recipient proposes to undertake with 
such funds; 
"(2) develop a proposed program of projects concerning activi-
ties to be funded in consultation with interested parties, includ-
ing private transportation providers; 
"(3) publish a proposed program of projects in such a manner 
to afford affected citizens, private transportation providers, and 
as appropriate, local elected officials an opportunity to examine 
its content and to submit comments on the proposed program of 
projects and on the performance of the recipient; and 
"(4) afford an opportunity for a public hearing to obtain the 
views of citizens on the proposed program of projects. 
In preparing the final program of projects to be submitted to the 
Secretary, the recipient shall consider any such comments and 
views, particularly those of private transportation providers, and 
shall, if deemed appropriate by the recipient, modify the proposed 
program of projects. The final program of projects shall be made 
available to the public. 
"(gXD The Secretary shall, at least on an annual basis, conduct, or 
require the recipient to have independently conducted, reviews and 
audits as may be deemed necessary or appropriate by the Secretary 
to determine whether— 
"(A) the recipient has carried out its activities submitted in 
accordance with subsection (eX2) in a timely and effective 
manner and has a continuing capacity to carry out those activi-
ties in a timely and effective manner; and 
"(B) the recipient has carried out those activities and its 
certifications and has used its Federal funds in a manner which 
is consistent with the applicable requirements of this Act and 
other applicable laws. 
Audits of the use of Federal funds shall be conducted in accordance 
with the auditing procedures of the General Accounting Office. 
"(2) In addition to the reviews and audits described in paragraph 
(1), the Secretary shall, not less than once every three years, per-
form a full review and evaluation of the performance of a recipient 
in carrjdng out the recipient's program, with specific reference to 
compliance with statutory and administrative requirements, and 
consistency of actual program activities with the proposed program 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 214^ 
False or 
fraudulent 
statements. 
of projects required under subsection (e)(2) of this section and the 
planning process required under section 8. 
49 USC 1607. 
"(3) The Secretary may make appropriate adjustments in the 
amount of annual grants in accordance with the Secretary's findings 
under this subsection, and may reduce or withdraw such assistance 
or take other action as appropriate in accordance with the Secre-
tary's review, evaluation, and audits under this subsection. 
(4) No grant shall be made under this section to any recipient in 
any fiscal year unless the Secretary has accepted a certification for 
such fiscal year submitted by such person pursuant to subsection (e) 
of this section. 
"(h) The provisions of section 1001 of title 18, United States Code, 
apply to any certification or submission under this section. In 
addition, if any false or fraudulent statement or related act within 
the meaning of section 1001 of title 18, United States Code, is made 
in connection with a certification of submission under this subsec-
tion, the Secretary may terminate and seek appropriate reimburse-
ment of the affected grant or grants directly or by offsetting funds 
available under this subsection. 
"(i) A recipient may request the Secretary to approve its procure-
ment system. If, after consultation with the Office of Federal Pro-
curement Policy, the Secretary finds that such system provides for 
competitive procurement, the Secretary shall approve such system 
for use for all procurements financed under this section. Such 
approval shall be binding until withdrawn. A certification from the 
recipient under subsection (e)(3)(E) is still required. 
"(j) Grants under this section shall be available to finance the 
planning, acquisition, construction, improvement, and operating 
costs of facilities, equipment, and associated capital maintenance 
items for use, by operation or lease or otherwise, in mass transporta-
tion service, including the renovation and improvement of a historic 
transportation facility with related private investment. As used in 
this section, the term 'associated capital maintenance items' means 
any equipment and materials each of which costs no less than 1 per 
centum of the current fair market value of rolling stock comparable 
to the rolling stock for which the equipment and materials are to be 
used. 
"(k)(l) The Federal grant for any construction project (including 
capital maintenance items) under this section shall not exceed 80 
per centum of the net project cost of such project. The Federal grant 
for any project for operating expenses shall not exceed 50 per 
centum of the net project cost of such project. The remainder shall 
be provided in cash from sources other than Federal funds or 
revenues from the operation of public mass transportation systems. 
Any public or private transit system funds so provided shall be 
solely from undistributed cash surpluses, replacement or depreci-
ation funds or reserves available in cash, or new capital. 
"(2) The amount of funds apportioned under this section which 
may be used for operating assistance shall not exceed 80 per centum 
of the amount of funds apportioned in fiscal year 1982 under 
paragraphs dXA), (2XA), and (3XA) of section 5(a) of this Act to an 
49 USC 1604. 
urbanized area with a population of 1,000,000 or more, 90 per 
centum of funds so apportioned to an urbanized area with a popula-
tion of 200,000 or more and less than 1,000,000 population; and 95 
per centum of funds so apportioned to an urbanized area of less than 
200,000 population. Notwithstanding the preceding sentence, an 
urbanized area that became an urbanized area for the first time 
Grants. 
"Associated 
capital 
maintenance 
items." 
Federal grant. 
96 STAT. 2146 
PUBLIC LAW 97-424—JAN. 6, 1983 
49 u s e 1604. 
Apportionment 
for capital 
assistance, 
transfer. 
Public notice. 
Three-year plan. 
Discretionary 
grants. 
49 u s e 1603. 
Authority 
termination. 
under the 1980 census may use not to exceed 40 per centum of its 
apportionment under this section for operating assistance. 
"(3) Notwithstanding any other provision of law, the amount of 
funds apportioned under section 5 of this Act and available for 
operating assistance in fiscal year 1983 in an urbanized area shall be 
subject to the limitations set forth in paragraph (2) of this subsec-
tion. Subject to the limitation in the preceding sentence, funds 
apportioned under section 5(aX4) of this Act in fiscal year 1983 may 
be used for operating assistance. 
"(IXIXA) Notwithstanding the provsions of subsection (kXD, any 
recipient may, in fiscal years 1983 and 1984, transfer, for use for 
operating assistance, a portion of its apportionment under this 
section that otherwise is available only for capital assistance, except 
that the recipient's total operating assistance under this section 
(including any amounts transferred from its capital apportionment) 
for the fiscal year in which the transfer occurs shall not exceed the 
amount of Federal funds such recipient was apportioned under 
sections 5(aXlXA), 5(aX2XA), and 5(aX3XA) of this Act for the fiscal 
year ending September 30, 1982. The total operating assistance 
under this section (including any amounts transferred from its 
capital apportionment) for a recipient in an urbanized area that 
became an urbanized area for the first time under the 1980 census 
may not exceed 50 per centum of its apportionment under this 
section. 
"(B) Notwithstanding any other provision of law, a recipient may 
use its capital apportionment under section 5(aX4) of this Act in 
fiscal year 1983 for purposes of carrying out a transfer under this 
subsection. No source of capital assistance under this Act (other 
than under section 5(aX4)) may be used for such a transfer in such 
fiscal year. 
"(2) Any recipient that intends to carry out a transfer under this 
subsection shall, at the time it submits a proposed program of 
projects to the Secretary under subsection (eX2)— 
"(A) certify that it has provided public notice of its intent to 
transfer its capital apportionment (including notice of the fund-
ing reductions resulting from utilization of this subsection and 
other requirements of this subsection) and provided an opportu-
nity for public comment; and 
' (B) certify that it has developed a three-year plsin to assure 
that in the fiscal year ending September 30, 1985, it will not 
need to use and will not use its capital apportionment for 
operating assistance. 
"(3) Whenever any recipient transfers its capital apportionment 
for operating assistance in accordance with the requirements of this 
subsection, two-thirds of the amount transferred shall be available 
to the recipient for operating assistance and the remaining one-third 
amount shall be available to the Secretary to make discretionary 
grants under this section. In msiking such discretionary grants, first 
priority shall be given to any urbanized area that is apportioned an 
amount under this section in fiscal year 1983 which is less than the 
amount such urbanized area was apportioned under section 5 of this 
Act for the fiscal year ending September 30, 1982. Any amounts 
remaining shall be available for discretionary construction grants 
under this section subject to the second and third sentences of 
section 4(a). 
"(4) The authority of recipients to use the provisions of this 
paragraph shall terminate on September 30,1984. 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2147 
"(mXD The Governor, responsible local officials, and publicly 
owned operators of mass transportation services in accordance with 
the planning process required under section 8 of this Act shall 
designate a recipient or recipients to receive and dispense the funds 
appropriated under this section that are attributable to urbanized 
areas of 200,000 or more population. In any case in which a 
statewide or regional agency or instrumentality is responsible under 
State laws for the financing, construction and operation, directly, by 
lease, contract, or otherwise, of public transportation services, such 
agency or instrumentality shall be the recipient to receive and 
dispense such funds. As used in this section, the term 'designated 
recipient' shall refer to a recipient selected according to the proce-
dures required by this section or to a recipient designated in accord-
ance with section 5(bXl) of this Act prior to the date of enactment of 
this section. 
"(2) Sums apportioned under this subsection not made available 
for expenditure by designated recipients in accordance with the 
terms of paragraph (1) shall be made available to the Governor for 
expenditure in urbanized areas with populations of less than 
200,000. 
"(nXD The Governor may transfer an amount of the State's 
apportionment under subsection (d) to supplement funds appor-
tioned to the State under section 18(a) of this Act, or to supplement 
funds apportioned to urbanized areas with populations of 300,000 or 
less under this subsection. The Governor may make such transfers 
only after consultation with responsible local officials and publicly 
owned operators of mass transportation services in each area to 
which the funding was originally apportioned pursuant to subsec-
tion (d). The Governor may transfer an amount of the State's 
apportionment under section 18(a) to supplement funds apportioned 
to the State under subsection (d). Amounts transferred shall be 
subject to the capital and operating assistance limitations applicable 
to the original apportionments of such amounts, 
"(2) A designated recipient for an urbanized area of 200,000 or 
more population may transfer its apportionment under this section, 
or a portion thereof, to the Governor. The Grovernor shall distribute 
any such apportionment to urbanized areas in the State, including 
areas of 200,000 or more population, in accordance with this section. 
Amounts transferred shall be subject to the capital and operating 
assistance limitations applicable to the original apportionment of 
such amounts. 
"(o) Sums apportioned under this section shall be available for 
obligation by the recipient for a period of three years following the 
close of the fiscal year for which such sums are apportioned. Any 
amounts so apportioned remaining unobligated at the end of such 
period shall be added to the amount available for apportionment 
under this section for the succeeding fiscal year. 
49 u s e 1607. 
"Designated 
recipient." 
49 u s e 1604. 
49 u s e 1614. 
Distribution to 
urbanized areas. 
MASS TRANSIT ACCOUNT DISTRIBUTION 
"SEC. 9A. (aXD Of the amount made available from the Mass 
Transit Account of the Highway Trust Fund under section 21(a) of 
this Act in fiscal year 1983, 8.64 per centum shall be available for 
expenditure under this section in such fiscal year only in urbanized 
areas with a population of less than 200,000. 
"(2) Of the amount made available from the Mass Transit Account 
of the Highway Trust Fund under section 21(a) of this Act in fiscal 
49 u s e 1607a-l. 
Ante, p. 2140. 
96 STAT. 2148 
PUBLIC LAW 97-424—JAN. 6, 1983 
year 1983, 88.43 per centum shall be available for expenditure under 
this section in such fiscal year only in urbanized areas with 200,000 
population or more. 
"(bXD Of the funds available under subsection (a)(2) of this sec-
tion, 66.71 per centum shall be apportioned among urbanized areas 
with 200,000 population or more as follows: 
"(A) 73.39 per centum shall be made available for expenditure 
in only those urbanized areas with a population of 1,000,000 or 
more, and on the basis of a formula under which such urbanized 
area will be entitled to receive an amount equal to the sum of— 
"(i) 50 per centum of the amount available under this 
subparagraph multiplied by the ratio which the total bus 
revenue vehicle miles operated in or directly serving such 
urbanized area bears to the total bus revenue vehicle miles 
in all such urbanized areas; 
"(ii) 25 per centum of such amount multiplied by the ratio 
which the population of such urbanized area bears to the 
total population of all such urbanized areas as shown by the 
latest Federal census; and 
"(iii) 25 per centum of such amount multiplied by a ratio 
for that urbanized area determined on the basis of popula-
tion weighted by a factor of density, as determined by the 
Secretary; and 
"(B) 26.61 per centum shall be made available for expenditure 
in only those urbanized aresis with a population of less than 
1,000,000 and on the basis of a formula under which such 
urbanized area will be entitled to receive an amount equal to 
the sum o
f
— 
"(i) 50 per centum of the amount available under this 
subparagraph multiplied by the ratio which the total bus 
revenue vehicle miles operated in or directly serving such 
urbanized area bears to the total bus revenue vehicle miles 
in all such urbanized areas; 
"(ii) 25 per centum of such amount multiplied by the ratio 
which the population of such urbanized area bears to the 
total population of all such urbanized areas as shown by the 
latest available Federal census; and 
"(iii) 25 per centum of such amount multiplied by a ratio 
for that urbanized area determined on the basis of popula-
tion weighted by a factor of density, as determined by the 
Secretary. 
"(2) Of the funds available under subsection (a)(2) of this section, 
33.29 per centum shall be apportioned among urbanized areas of 
200,000 population or more as follows: 
"(A) 60 per centum of the amount so apportioned multiplied 
by the ratio which the number of fixed guideway revenue 
vehicle miles attributable to the urbanized area, as determined 
by the Secretary, bears to the total number of all fixed 
guideway revenue vehicle miles attributable to all such urban-
ized areas; and 
"(B) 40 per centum of the amount so apportioned multiplied 
by the ratio which the number of fixed guideway route miles 
attributable to the urbanized area, as determined by the Secre-
tary, bears to the total number of all fixed guideway route miles 
attributable to all such urbanized areas. 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2149 
No urbanized area in which commuter rail service is provided and 
which has a population of 750,000 or more shall receive less than 
0.75 per centum of the sums made available under this paragraph. 
Under this paragraph, fixed guideway revenue vehicle or route 
miles provided, and passengers served thereby, in an urbanized area 
of less than 200,000 population, where such revenue vehicle miles or 
route miles and passengers served would otherwise be attributable 
to an urbanized area with a population of 1,000,000 or more in an 
adjacent State, shall be attributable to the public body in the State 
in which such urbanized area of less than 200,000 population is 
located as if the public body were an urbanized area of 200,000 or 
more so long as such public body contracts, directly or indirectly, for 
such service. For the purpose of this paragraph, the terms fixed 
guideway revenue vehicle miles' and 'fixed guideway route miles' 
shall include ferry boat operations directly or under contract by the 
designated recipient. 
"(c) Funds available under subsection (a)(1) of this section shall be 
apportioned on the basis of a formula under which urbanized areas 
of less than 200,000 population shall be entitled to receive an 
amount equal to the sum of— 
"(1) one-half of the total amount so apportioned multiplied by 
the ratio which the population of such urbanized area bears to 
the total population of all such urbanized areas in all the States 
as shown by the latest available Federal census; and 
"(2) one-half of the total amount so apportioned multiplied by 
a ratio for that urbanized area determined on the basis of 
population weighted by a factor of density, as determined by the 
Secretary. 
As used in this section, the term 'density' means the number of 
inhabitants per square mile. 
"(d)(1) The provisions of subsections (e), (f), (g), (h), (i), (m), and (n) 
of section 9 of this Act shall apply to grants made under this section, 
"(2)(A) Grants under this section shall be made for the purposes 
described in subsection (j) of section 9 of this Act, except that such 
grants may not be used for payment of operating expenses. 
"(B) The Federal grant for any project under this section shall not 
exceed 80 per centum of the net project cost of such project. 
"(3) The provisions of subsection (o) of section 9 shall apply to 
grants made under this section, except that amounts remaining 
unobligated at the end of the 3-year period shall be added to the 
amount available under section 3 for the succeeding fiscal year.". 
Definitions. 
"Density." 
Grants. 
Ante, p. 2141. 
EXISTING CAPITAL GRANT PROGRAM 
SEC. 304. (a) Section 3(a)(2XA) of the Urban Mass Transportation 
Act of 1964 is amended— 
(1) by striking out "and" at the end of clause (i); 
(2) by striking out the period at the end of clause (ii) and 
inserting in lieu thereof "; and"; and 
(3) by adding at the end thereof the following: 
"(iii) sufficient capability to maintain the facilities and 
equipment.", 
(b) Section 3(a) of the Urban Mass Transportation Act of 1964 is 
amended by adding at the end thereof the following: 
"(5) The Secretary shall take into account the adverse effect of 
decreased commuter rail service in considering applications for 
assistance under this section for the acquisition of rail lines and all 
49 u s e 1602. 
96 STAT. 2150 
PUBLIC LAW 97-424—JAN. 6, 1983 
related facilities used in providing commuter rail service which are 
owned by a railroad subject to reorganization under title 11, United 
States Code. 
"(6) In making grants under this section in fiscal year 1983, the 
Secretary shall, to the extent practicable, emphasize projects that 
are labor intensive and that can begin construction or manufactur-
ing within the shortest possible time.". 
49 use 1611. 
(c) Section 15(b) of the Urban Mass Transportation Act of 1964 is 
amended by striking out "section 5" and inserting in lieu thereof 
49 use 1604. 
"section 5 or 9". 
Ante, p. 2141. 
^ 
LETTERS OF INTENT 
SEC. 305. Section 3(aX4) of the Urban Mass Transportation Act of 
49 use 1602. 
1964 is amended— 
(1) by inserting after the first sentence thereof the following: 
"At least thirty days prior to the issuance of a letter of intent 
under this paragraph, the Secretary shall notify, in writing, the 
Committee on Public Works and Transportation of the House of 
Representatives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate, of the proposed issuance of such 
letter of intent."; 
(2) by striking out "in section 4(c)" and inserting in lieu 
thereof the following "to carry out section 3"; and 
(3) by adding at the end thereof the following: "Funding for 
projects covered by letters of intent or letters of commitment 
issued, and full funding contracts executed, prior to the date of 
Ante, p. 2140. 
enactment of the Federal Public Transportation Act of 1982 
should be funded under this section while not precluding the 
funding of a portion of such projects using section 9 capital 
funds unless such funding would impair the recipient's ability 
to fund routine capital projects under such section. Notwith-
standing the provisions of section 4(a), the Federal share of the 
total project cost of any project under this section covered by a 
full funding contract, letter of intent, or letter of commitment 
in effect on the date of enactment of the Federal Public Trans-
portation Act of 1982, or those projects within the federally 
agreed upon scope for the Washington, District of Columbia, 
metropolitan area transit system (as of such date), shall not be 
altered.". 
RESEARCH AND TRAINING GRANTS 
SEC. 306. (a) Section 4(d) of the Urban Mass Transportation Act of 
49 use 1603. 
1964 is amended by striking out "September 30, 1981, and Septem-
ber 30,1982" and inserting in lieu thereof "and September 30, 1981, 
$5,000,000 for the fiscal year ending September 30, 1984, and 
$10,000,000 per fiscal year for each of the fiscal years ending Sep-
tember 30,1985, and September 30,1986". 
49 use 1607c. 
(b) Section 11(b)(5) of such Act is amended to read as follows: 
"(5) As a condition to project approval, the amount of the Federal 
grant must be equally matched from other than Federal funds.". 
(c) The first sentence of section ll(bX7) of such Act is amended by 
inserting ", which include bona fide research and training in urban 
transportation" before the period. 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2151 
AVAILABILITY OF FUNDS—URBAN MASS TRANSIT PROGRAM 
SEC. 307. Section 5 of the Urban Mass Transportation Act of 1964 
is amended— 
49 use 1604. 
(1) by adding immediately after subsection (cX4) the following: 
"(5) Apportionments under this section for fiscal year 1975 shall 
be deemed to have lapsed on September 30, 1977, and apportion-
ments under this section for fiscal year 1976 shall be deemed to have 
lapsed on September 30,1978."; and 
(2) by adding at the end thereof the following new subsection: 
"(o) Notwithstanding any other provision of this section, any sums 
apportioned under this section before October 1,1982, and available 
for expenditure in any urbanized area or part thereof on such date 
shall remain available for expenditure in such area or part in 
accordance with the provisions of this section until September 30, 
1985. Any sums so apportioned remaining unobligated on October 1, 
1985, shall be added to amounts available for apportionment under 
section 9 of this Act for the fisced year ending September 30, 1986.". 
Ante, p. 2141. 
COMPETmVE PROCUREMENT 
SEC. 308. Paragraph (2) of subsection (b) of section 12 of the Urban 
Mass Transportation Act of 1964 is amended to read as follows: 
"(2) In lieu of requiring that contracts for the acquisition of rolling 
stock be awarded based on consideration of performance, standardi-
zation, life-cycle costs and other factors, or on the basis of lowest 
initial capital cost, such contracts may be awarded based on a 
competitive procurement process. The Secretary shall report to 
Congress within a year of enactment of the Federal Public Transpor-
tation Act of 1982 on any legislative or administrative revisions 
required to ensure that procurement procedures are fair and com-
petitive.". 
DEFINITIONS 
SEC. 309. (a) Section 12(cXl) of the Urban Mass Transportation Act 
of 1964 is amended bv inserting before the semicolon at the end 
thereof the following: , and such term also means any bus rehabili-
tation project which extends the economic life of a bus five years or 
more". 
(b) Section 12(cX2) of the Urban Mass Transportation Act of 1964 
is amended by inserting "or rails" immediately after "separate 
right-of-way" and by striking out the semicolon at the end of such 
section and inserting in lieu thereof a comma and the following: 
"and also means a public transportation facility which uses a fixed 
catenary system and utilizes a right-of-way usable by other forms of 
transportation;". 
PERFORMANCE REPORTS 
SEC. 310. (a) The Secretary of Transportation shall report to 
Congress in January of 1984 and in January of every second year 
thereafter his estimates of the current performance and condition of 
public mass transportation systems together with recommendations 
for any necessary administrative or legislative revisions. 
(b) In reporting to Congress pursuant to this section, the Secretary 
shall prepare a comprehensive assessment of public transportation 
facilities in the United States. The Secretary shall also assess future 
needs for such facilities and estimate future capital requirements 
49 u s e 1608. 
Report to 
eongress. 
Ante, p. 2140. 
49 u s e 1608. 
Submittal to 
eongress. 
49 u s e 1601c. 
Public 
transportation 
facilities, 
assessment. 
96 STAT. 2152 
PUBLIC LAW 97-424—JAN. 6, 1983 
and operation and maintenance requirements for one-, five-, and 
ten-year periods at specified levels of service. 
Financial 
assistance. 
CONSTRUCTION CONDITION 
SEC. 311. The Secretary of Transportation shall only make availa-
ble Federal financial assistance to the Metropolitan Atlanta Rapid 
Trcinsit Authority for the construction of the proposed fixed rail line 
from Doraville, Georgia, to the Atlanta Hartsfield International 
Airport on the condition that the portion of such line extending 
north from Lenox Station to Doraville and the portion of such line 
extending south from Lakewood Station to the Atlanta Hartsfield 
International Airport will be constructed simultaneously in usable 
segments so that revenue passenger service to Doraville and such 
airport shall commence at approximately the same time. This sec-
tion shall apply until priorities different from those set forth in the 
preceding sentence are adopted after September 30,1983, by a valid 
act of the Georgia Grenered Assembly and by a valid resolution of the 
Board of the Metropolitan Atlanta Rapid Transit Authority. 
49 u s e 1601 
note. 
49 u s e 1602. 
LOAN REPAYMENT 
SEC. 312. (a) The Massachusetts Bay Transportation Authority 
shall have no obligation to repay the United States 80 per centum of 
the principal and the interest owed on the following loans entered 
into with the Secretary of Transportation under the Urban Mass 
Tremsportation Act of 1964 for the acquisition of rights-of-way: the 
loan numbered MA03-9001 entered into on January 26, 1973, and 
the loan numbered MA23-9010 entered into on December 20, 1976. 
Ot)Xl) The Secretary of Transportation may convert the remaining 
20 per centum of the principal and interest owed on the loans 
described in subsection (a) to grants under the conditions set forth in 
paragraph (2), 
(2) In lieu of the local matching share otherwise required, the 
grant agreement may provide that State or local funds shsdl be 
committed to public transportation projects in the urbanized area, 
on a schedule acceptable to the Secretary of Transportation, in an 
amount equal to the local share that would have been required had 
the amount of principal and interest forgiven under subsection (a) 
been the Federal share of a capital grant made when the original 
loan was made. The State or local funds contributed under the terms 
of the preceding sentence shall be made available for capital projects 
eligible for funding under section 3(a) of the Urban Mass Transpor-
tation Act of 1964 and may not be used to satisfy the local matching 
requirements for any other grant project. 
A D V A N C E ACQUISITION OF RIGHTS-OF-WAY 
SEC. 313. Section 3(aXlXA) of the Urban Mass Transportation Act 
49 use 1602. 
of 1964 is amended by striking out "and" the second place it appears 
and by inserting immediately before the semicolon at the end 
thereof the following: ", and the acquisition of rights-of-way, and 
relocation, for fixed guideway corridor development for projects in 
advanced stages of any such detailed alternatives analyses or pre-
liminary engineering". 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 21153 
FEASIBILITY STUDY 
SEC. 314. (a) The Secretary of Transportation shall make a grant 
Grant. 
to the Massachusetts Bay Transportation Authority to conduct a 
feasibility study to examine the possibility of replacing either any or 
all three of the existing electric trolley bus lines (and thereby 
eliminating the overhead power lines) in Cambridge, Massachusetts, 
with the more advanced and equally environmentally sound electric 
bus technology that is being developed in the State of California for 
the Santa Barbara transit system. 
(b) Notwithstanding section 21(aX2) of the Urban Mass Transpor-
tation Act of 1964, of the amount made available by such section 
Ante, p. 2140. 
21(aX2) for the fiscal year ending September 30,1983, $500,000 shall 
be available only to carry out this section and such amount shall 
remain available until expended. 
STUDY OF LONG-TERM LEVERAGE FINANCING 
SEC. 315. The Secretary of Transportation shall conduct a study on 
the feasibility of providing an assured flow of Federal funds under 
long-term contracts with local or State transit authorities for use in 
leveraging further capital assistance from State or local government 
or private sector sources. Within six months of the date of enact-
ment of this Act, the Secretary shall submit to the Committee on 
Banking, Housing, and Urban Affairs of the Senate and the Commit-
tee on Public Works and Transportation of the House a report of 
such study. 
Report to 
congressional 
committees. 
FORMULA GRANTS FOR NONURBANIZED AREAS 
SEC. 316. (a) Section 18(a) of the Urban Mass Transportation Act of 
1964 is amended by striking out "appropriated pursuant to section 
4(e) of this Act" and inserting in lieu thereof "made available under 
section 21(a) of this Act to carry out this section". 
(b) Section 18(c) of the Urban Mass Transportation Act of 1964 is 
amended by striking out "three years" in the first sentence and 
inserting in lieu thereof "two years". 
49 u s e 1614. 
Ante, p. 2140. 
ASSISTANCE TO MEET SPECIAL NEEDS OF ELDERLY AND HANDICAPPED 
PERSONS 
SEC. 317. (a) Section 16(b) of the Urban Mass Transportation Act of 
1964 is amended by striking out "section 4(cX3) of this Act, 2 per 
centum" and inserting in lieu thereof "section 21(aX2) of this Act, 
3.5 per centum". 
(b) The amendment made by subsection (a) of this section shall 
take effect October 1,1983. 
(c) Section 16 of the Urban Mass Transportation Act of 1964 is 
amended by adding at the end thereof the following: 
"(c) In canying out subsection (a) of this section, section 165(b) of 
the Federal-Aid Highway Act of 1973, and section 504 of the Reha-
bilitation Act of 1973 (consistent with any applicable Government-
wide standards for the implementation of such section 504), the 
Secretary shall, not later than ninety days after the date of the 
enactment of this subsection, publish in the Federal Register for 
public comment, proposed regulations and, not later than one hun-
dred and eighty days after the date of such enactment, promulgate 
49 u s e 1612. 
Effective date. 
49 u s e 1612 
note. 
Publication in 
Federal 
Register. 
23 u s e 142 note. 
29 u s e 794. 
96 STAT. 2154 
PUBLIC LAW 97-424—JAN. 6, 1983 
final regulations, establishing (1) minimum criteria for the provision 
of transportation services to handicapped and elderly individuals by 
recipients of Federal financial assistance under this Act or under 
any provision of law referred to in section 165(b) of the Federal-Aid 
23 use 142 note. Highway Act of 1973, and (2) procedures for the Secretary to moni-
tor recipients' compliance with such criteria. Such regulations shall 
include provisions for ensuring that organizations and groups repre-
senting such individuals are given adequate notice of and 
opportunity to comment on the proposed activities of recipients for 
the purpose of achieving compliance with such regulations.". 
REPEAL OF SAFETY AUTHORITY 
Repeal. 
SEC. 318. (a) Section 107 of the National Mass Transportation 
49 use 1604a. 
Assistance Act of 1974 (Public Law 93-503) is repealed. 
(b) The Urban Mass Transportation Act of 1964 is amended by 
adding at the end thereof the following new section: 
"SAFETY AUTHORITY 
49 use 1618. 
"SEC. 22. The Secretary may investigate conditions in any facility, 
equipment, or manner of operation financed under this Act which 
the Secretary believes creates a serious hazard of death or injury. 
The investigation should determine the nature and extent of such 
conditions and the means which might best be employed to correct 
or eliminate them. If the Secretary determines that such conditions 
do create such a hazard, he shall require the local public body which 
has received funds under this Act to submit a plan for correcting or 
eliminating such condition. The Secretary may withhold further 
financial assistance under this Act from the local public body until 
he approves such plan and the local public body implements such 
plan.'^ 
TITLE IV 
PART A—COMMERCIAL MOTOR VEHICLE SAFETY 
DEFINITIONS 
49 use 2301. 
SEC. 401. For purposes of this part, unless the context otherwise 
requires, the term— 
(1) "commercial motor vehicle" means any self-propelled or 
towed vehicle used on the highways in commerce principally to 
transport passengers or cargo— 
(A) if such vehicle has a gross vehicle weight rating of ten 
thousand or more pounds; 
(B) if such vehicle is designed to transport more than ten 
passengers, including the driver; or 
(C) if such vehicle is used in the transportation of materi-
als found by the Secretary to be hazardous for the purposes 
of the Hazardous Materials Transportation Act, as amend-
ed (49 U.S.C. 1801 et seq.); 
(2) "employee" means— 
(A) a driver of a commercial motor vehicle (including an 
independent contractor while in the course of personally 
operating a commercial motor vehicle); 
(B) a mechanic; 
(C) a freight handler; or 
(D) any individual other than an employer; 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2155 
who is employed by a commercial motor carrier and who in the 
course of his employment directly affects commercial motor 
vehicle safety, but such term does not include an employee of 
the United States, any State, or a political subdivision of a State 
who is acting within the course of such emplo)anent, nor does 
such term include an individual employed by a commercial 
motor carrier engaged in the transportation of passengers; 
(3) "employer" means any person engaged in a business 
affecting commerce who owns or leases a commercial motor 
vehicle in connection with that business, or assigns employees 
to operate it in commerce, but such term does not include the 
United States, any State, or a political subdivision of a State; 
(4) "person" means one or more individuals, partnerships, 
associations, corporations, business trusts, or any other orga-
nized group of individuals; 
(5) "Secretary" means the Secretary of Transportation; and 
(6) "State" means a State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin 
Islands, American Samoa, Guam, or the Commonwealth of the 
Northern Marianas. 
GRANTS TO STATES 
SEC. 402. (a) Under the terms and conditions of this section, 
subject to the availability of funds, the Secretary is authorized to 
make grants to States for the development or implementation of 
programs for the enforcement of Federal rules, regulations, stand-
ards, and orders applicable to commercial motor vehicle safety and 
compatible State rules, regulations, standards, and orders. 
(bXD The Secretary shall formulate procedures for any State to 
submit a plan whereby the State agrees to adopt, and to assume 
responsibility for enforcing Federal rules, regulations, standards, 
and orders applicable to commercial motor vehicle safety, or com-
patible State rules, regulations, standards, and orders. Such plan 
shall be approved by the Secretary if, in the Secretary's judgment, 
the plan is adequate to promote the objectives of this section, and 
the plan— 
(A) designates the State motor vehicle safety agency responsi-
ble for administering the plan throughout the State; 
(B) contains satisfactory assurances that such agency has or 
will have the legal authority, resources, and qualified personnel 
necessary for the enforcement of such rules, regulations, stand-
ards, and orders; 
(C) gives satisfactory assurances that such State will devote 
adequate funds to the administration of such plan and enforce-
ment of such rules, regulations, standards, and orders; 
(D) provides a right of entry and inspection sufficient to 
enforce such rules, regulations, standards, and orders; 
(E) provides that all reports required pursuant to this section 
be submitted to the State agency, and that such agency make 
available upon request to the Secretary all such reports; 
(F) provides that such State agency will adopt such uniform 
reporting requirements and use such uniform forms for record-
keeping, inspections, and investigations as may be established 
and required by the Secretary; and 
49 use 2302. 
Enforcement 
plan. 
Plan objectives. 
96 STAT. 2156 
PUBLIC LAW 97-424—JAN. 6, 1983 
Continuing 
evaluation. 
Disapproval 
notice. 
Judicial review. 
5 u s e 701 et seq. 
(G) requires registrants of commercial motor vehicles to make 
a declaration of knowledge of applicable Federal and State 
safety rules, regulations, standards, and orders. 
(2) If a plan submitted under paragraph (1) of this subsection is 
rejected, the Secretary shsdl provide the State a written explanation 
of the Secretary's action and shall permit the State to modify and 
resubmit its proposed plan for approval, in accordance with the 
procedures formulated in such paragraph. 
(c) The Secretary shall, on the basis of reports submitted by the 
State agency, and on the Secretary's own inspections, make a 
continuing evaluation of the manner in which each State with a 
plan approved under this section is canning out such plan. When-
ever the Secretary finds, after affording due notice and opportunity 
for comment, that a State plan previously approved is not being 
followed or that it has become inadequate to Eissure the enforcement 
of Federal rules, regulations, standards, or orders applicable to 
commercial motor vehicle safety or compatible State rules, regula-
tions, standards, or orders, he shall notify the State of withdrawal of 
approval of such plan. Upon receipt of such notice such plan shall 
cease to be in effect. Any State aggrieved by a determination of the 
SecretEiry pursueint to this subsection may seek judicial review 
pursuant to chapter 7 of title 5, United States Code. The State may, 
however, retain jurisdiction in any administrative or judicial 
enforcement proceeding commenced before the withdrawal of the 
plan whenever the issues involved do not directly relate to the 
reasons for the withdrawal of approval of the plan. 
(d) The Secretary shall not approve any plan under this section 
which does not provide that the aggregate expenditure of funds of 
the State and political subdivisions thereof, exclusive of Federal 
funds, for commercial motor vehicle safety programs will be main-
tained at a level which does not fall below the average level of such 
expenditure for its last two full fiscal years preceding the date of 
enactment of this section. 
FEDERAL SHARE OF COSTS 
49 use 2303. 
SEC. 403. By grants authorized under this peirt, the Secretary shall 
reimburse any State an amount not to exceed 80 per centum of the 
costs incurred by that State in that fiscal year in the development 
and implementation of programs to enforce commercial motor vehi-
cle rules, regulations, standards, or orders adopted pursuant to this 
title. The funds of the State and political subdivisions thereof which 
are required to be expended under section 402(d) of this title shall 
not be considered to be part of the non-Federal share. The Secretary 
is authorized to allocate, among the States whose applications for 
grants have been approved, those amounts appropriated for grants 
to support such programs, pursuant to such criteria as may be 
established. 
AUTHORIZATIONS 
49 use 2304. 
SEC. 404. To carry out the purposes of section 402 of this title, 
there is authorized to be appropriated out of the Highway Trust 
Fund not to exceed $10,000,000 in the fiscal year ending September 
30, 1984, not to exceed $20,000,000 in the fiscal year ending Septem-
ber 30, 1985, not to exceed $30,000,000 in the fiscal year ending 
September 30, 1986, not to exceed $40,000,000 in the fiscal year 
ending September 30, 1987, and not to exceed $50,000,000 in the 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2157 
fiscal year ending September 30, 1988. Appropriated funds author-
ized by this section shall be used to reimburse States pro rata for the 
Federal share of costs incurred. Grants made pursuant to the au-
thority of this part shall be for periods not to exceed one fiscal year, 
ending at the end of a fiscal year. 
Reimbursement 
to States. 
PROTECTION OF EMPLOYEES 
SEC. 405. (a) No person shall discharge, discipline, or in any 
manner discriminate against any employee with respect to the 
employee's compensation, terms, conditions, or privileges of employ-
ment because such employee (or any person acting pursuant to a 
request of the employee) has filed any complaint or instituted or 
caused to be instituted any proceeding relating to a violation of a 
commercial motor vehicle safety rule, regulation, standard, or order, 
or has testified or is about to testify in any such proceeding. 
(b) No person shall discharge, discipline, or in any manner 
discriminate against an employee with respect to the employee's 
compensation, terms, conditions, or privileges of emplojonent for 
refusing to operate a vehicle when such operation constitutes a 
violation of any Federal rules, regulations, standards, or orders 
applicable to commercial motor vehicle safety or health, or because 
of the employee's reasonable apprehension of serious injury to 
himself or the public due to the unsafe condition of such equipment. 
The unsafe conditions causing the employee's apprehension of 
injury must be of such nature that a reasonable person, under the 
circumstances then confronting the employee, would conclude that 
there is a bona fide danger of an accident, injury, or serious impair-
ment of health, resulting from the unsafe condition. In order to 
qusilify for protection under this subsection, the employee must have 
sought from his employer, and have been unable to obtain, correc-
tion of the unsafe condition. 
(cXD Any employee who believes he has been discharged, disci-
plined, or otherwise discriminated against by any person in viola-
tion of subsection (a) or (b) of this section may, within one hundred 
and eighty days after such alleged violation occurs, file (or have filed 
by any person on the employee's behalf) a complaint with the 
Secretary of Labor alleging sucn discharge, discipline, or discrimina-
tion. Upon receipt of such a complaint, the Secretary of Labor shall 
notify the person named in the complaint of the filing of the 
complaint. 
(2XA) Within sixty days of receipt of a complaint filed under 
paragraph (1) of this subsection, the Secretary of Labor shall con-
duct an investigation and determine whether there is reasonable 
cause to believe that the complaint has merit and notify the com-
plainant and the person alleged to have committed a violation of 
this section of his findings. Where the Secretary of Labor has 
concluded that there is reasonable cause to believe that a violation 
has occurred, he shall accompany his findings with a preliminary 
order providing the relief prescribed by subparagraph (B) of this 
paragraph. Thereafter, either the person alleged to have committed 
the violation or the complainant may, within thirty days, file objec-
tions to the findings or preliminary order, or both, and request a 
hearing on the record, except that the filing of such objections shall 
not operate to stay any reinstatement remedy contained in the 
preliminary order. Such hearings shall be expeditiously conducted. 
Where a hearing is not timely requested, the preliminary order 
Discrimination. 
49 u s e 2305. 
Unsafe 
conditions. 
Filing of 
complaint. 
Investigation. 
Hearing request. 
96 STAT. 2158 
PUBLIC LAW 97-424—JAN. 6, 1983 
Final order. 
Complainant, 
reinstatement to 
former position. 
Review. 
5 use 101 etseq. 
Civil action. 
shall be deemed a final order which is not subject to judicial review. 
Upon the conclusion of such hearing, the Secretary of Labor shall 
issue a final order within one hundred and twenty days. In the 
interim, such proceedings may be terminated at any time on the 
basis of a settlement agreement entered into by the Secretary of 
Labor, the complainant, and the person alleged to have committed 
the violation. 
(B) If, in response to a complaint filed under paragraph (1) of this 
subsection, the Secretary of Labor determines that a violation of 
subsection (a) or (b) of this section has occurred, the Secretary of 
Labor shall order (i) the person who committed such violation to 
take affirmative action to abate the violation, (ii) such person to 
reinstate the complainant to the complainsmt's former position 
together with the compensation (including back pay), terms, condi-
tions, and privileges of the compl£iinant's employment, and (iii) 
compensatory damages. If such an order is issued, the Secretary of 
Labor, at the request of the complainant may assess against the 
person against whom the order is issued a sum equal to the aggre-
gate amount of all costs and expenses (including attorney's fees) 
reasonably incurred, as determined by the Secretary of Labor, by 
the complednant for, or in connection with, the bringing of the 
complaint upon which the order was issued. 
(dXD Any person adversely affected or aggrieved by an order 
issued after a hearing under subsection (c) of this section may obtain 
review of the order in the United States Court of Appeals for the 
circuit in which the violation, with respect to which the order was 
issued, allegedly occurred, or the circuit in which such person 
resided on the date of such violation. The petition for review must be 
filed within sixty dajrs from the issuance of the Secretary of Labor's 
order. Such review shall be in accordance with the provisions of 
chapter 7 of title 5, United States Code, and shall be heard and 
decided expeditiously. 
(2) An order of the Secretary of Labor, with respect to which 
review could have been obtained under this section, shall not be 
subject to judicial review in any criminal or other civil proceeding. 
(e) Whenever a person heis failed to comply with an order issued 
under subsection (cX2) of this section, the Secretary of Labor shall 
file a civil action in the United States district court for the district 
in which the violation was found to occur in order to enforce such 
order. In actions brought under this subsection, the district courts 
shall have jurisdiction to grant all appropriate relief, including 
injunctive relief, reinstatement, and compensatory damages. Civil 
actions brought under this subsection shall be heard and decided 
expeditiously. 
49 u s e 10927 
note. 
MINIMUM FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS 
SEC. 406. (a) Section 30 of the Motor Carrier Act of 1980 is 
amended in subsections (a) and (b) by striking out "two-year period" 
each place it appears and inserting in lieu thereof "three and one-
half year period . 
(b) Section 3(Kc) of the Motor Carrier Act of 1980 is amended by 
striking out "(c) Financial" and inserting in lieu thereof "(cXD 
Subject to paragraph (2) of this subsection, financial" and by adding 
at the end thereof the following new paragraph: 
"(2XA) Any person domiciled in any contiguous foreign country 
who provides transportation by motor vehicle to which any of the 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2159 
minimal levels of financial responsibility established under this 
section apply shall have evidence of such financial responsibility in 
such motor vehicle at any time such person is providing such 
transportation. 
"(B) The Secretary of Transportation and the Secretary of the 
Treasury shall deny entry into the United States of any motor 
vehicle in which there is not evidence of financial responsibility 
required to be in such vehicle under subparagraph (A) of this 
paragraph.". 
(c) Section 30(g) of the Motor Carrier Act of 1980 is amended by 
redesignating paragraphs (1) and (2) as paragraphs (2) and (3), 
respectively, and by inserting before paragraph (2) (as so redesig-
nated) the following new paragraph: 
"(1) Interstate commerce' includes transportation between a 
place in a State and a place outside the United States, to the 
extent such transportation is in the United States;". 
(d) Section 30(f) of the Motor Carrier Act of 1980 is amended to 
read as follows: 
"(f) This section shall not apply to any motor vehicle having a 
gross vehicle weight rating of less than ten thousand pounds, if such 
vehicle is not used to transport any quantity of cleiss A or B 
explosives, any quantity of poison gas, or a large quantity of radioac-
tive materials in interstate or foreign commerce.". 
PART B—COMMERCIAL MOTOR VEHICLE LENGTH LIMITATION 
49 u s e 10927 
note. 
"Interstate 
commerce." 
LENGTH UMITATIONS ON FEDERALLY ASSISTED HIGHWAYS 
SEC. 411. (a) No State shall establish, maintain, or enforce any 
49 use 2311. 
regulation of commerce which imposes a vehicle length limitation of 
less than forty-eight feet on the length of the semitrailer unit 
operating in a truck tractor-semitrailer combination, and of less 
than twenty-eight feet on the length of any semitrailer or trailer 
operating in a truck tractor-semitrailer-trailer combination, on any 
segment of the Nationsil System of Interstate and Defense Highways 
and those classes of qualifying Federal-aid Primary System high-
ways as designated by the Secretary, pursuant to subsection (e) 
of this section. 
(b) Length limitations established, maintained, or enforced by the 
States under subsection (a) of this section shall apply solely to the 
semitrailer or trailer or trailers and not to a truck tractor. No State 
shall establish, maintain, or enforce any regulation of commerce 
which imposes an overall length limitation on commercial motor 
vehicles operating in truck-tractor semitrailer or truck tractor semi-
trailer, trailer combinations. No State shall establish, maintain, or 
enforce any regulation of commerce which has the effect of prohibit-
ing the use of trailers or semitrailers of such dimensions as those 
that were in actual and lawful use in such State on December 1, 
1982. No State shall establish, maintain, or enforce any regulation of 
commerce which has the effect of prohibiting the use of existing 
trailers or semitrailers, of up to twenty-eight and one-half feet in 
length, in a truck tractor-semitrailer-trailer combination if those 
trailers or semitrailers were actually and lawfully operating on 
December 1,1982, within a sixty-five-foot overall length limit in any 
State. 
(c) No State shall prohibit commercial motor vehicle combinations 
consisting of a truck tractor and two trailing units on any segment 
96 STAT. 2160 
PUBLIC LAW 97-424—JAN. 6, 1983 
Specialized 
equipment 
accommodations. 
Final rules. 
"Truck tractor." 
Effective date. 
Exclusions. 
of the National System of Interstate and Defense Highways, and 
those classes of qualifying Federal-aid Primary System highways as 
designated by the Secretary pursuant to subsection (e) of ttds 
section. 
(d) The Secretary is authorized to establish rules to implement the 
provisions of this section, and to make such determinations as are 
necessary to accommodate specialized equipment (including, but not 
limited to, automobile transporters) subject to subsections (a) and (b) 
of this section. 
(eXD The Secretary shall designate as qualif5dng Federal-aid Pri-
mary System highways subject to the provisions of subsections (a) 
and (c) those Primary System highways that are capable of safely 
accommodating the vehicle lengths set forth therein. 
(2) The Secretary shall make an initial determination of which 
classes of highways shall be designated pursuant to paragraph (1) 
within 90 days of the date of enactment of this section. 
(3) The Secretary shall enact fingJ rules pursuant to paragraph (1) 
no later than two hundred and seventy days from the date of 
enactment of this section and may revise such rules from time to 
time thereafter. 
(f) For the purposes of this section, "truck tractor" shall be 
defined as the noncargo carrying power unit that operates in combi-
nation with a semitrailer or trailer, except that a truck tractor and 
semitrailer engaged in the transportation of automobiles may trans-
port motor vehicles on part of the power unit. 
(g) The provisions of this section shall take effect ninety days after 
the date of enactment of this title. 
(h) The length limitations described in this section shall be exclu-
sive of safety and energy conservation devices, such as rear view 
mirrors, turn signal lamps, marker lamps, steps and handholds for 
entry and egress, flexible fender extensions, mudflaps and splash 
and spray suppressant devices, load-induced tire bulge, refrigeration 
units or air compressors and other devices, which the Secretary may 
interpret £is necessary for safe and efficient operation of commercial 
motor vehicles, except that no device excluded under this subsection 
from the limitations of this section shall have by its design or use 
the capability to carry cargo. 
ACCESS TO THE INTERSTATE SYSTEM 
Commercial 
motor vehicles. 
49 u s e 2312. 
SEC. 412. No State may enact or enforce any law denying reason-
able access to commercial motor vehicles subject to this title 
between (1) the Interstate and Defense Highway System and any 
other qualifying Federal-aid Primary System highways, as desig-
nated by the Secretary, and (2) terminals, facilities for food, fuel, 
repairs, and rest, and points of loading and unloading for household 
goods carriers. 
ENFORCEMENT 
Civil action. 
49 u s e 2313. 
SEC. 413. The Secretary, or, on the request of the Secretary, the 
Attorney General of the United States, is authorized and directed to 
institute any civil action for injunctive relief as may be appropriate 
to assure compliance with the provisions of this title. Such action 
may be instituted in any district court of the United States in any 
State where such relief is required to assure compliance with the 
terms of this title. In any action under this section, the court shall, 
upon a proper showing, issue a temporary restraining order or 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2161 
preliminary or permanent injunction. In any such action, the court 
may also issue a mandatory injunction commanding any State or 
person to comply with any applicable provision of this title, or any 
rule issued under authority of this title. 
SPLASH AND SPRAY SUPPRESSANT DEVICES 
SEC. 414. (a) The Congress declares that visibility on wet roadways 
on the Interstate System should be improved by reducing, by a 
practicable and reliable means, splash and spray from truck trac-
tors, semitrailers, and trailers. 
(b) The Secretary shall by regulation— 
(1) within one year after the date of the enactment of this 
title, establish minimum standards with respect to the perform-
ance and installation of splash and spray suppression devices 
for use on truck tractors, semitrailers, or trailers; 
(2) within two years after the date of the enactment of this 
title, require that all new truck tractors, semitrailers, and 
trailers operated on the Interstate System be equipped with any 
splash and spray suppression device which satisfies the stand-
ards established pursuant to paragraph (1) of this subsection; 
and 
(3) within five years after the date of the enactment of this 
title, require that all truck trailers, semitrailers, and trailers 
operated on the Interstate System be equipped with any splash 
and spray suppression device which satisfies the standards 
established pursuant to paragraph (1) of this subsection. 
(c) For the purposes of this section, the term— 
(1) "truck tractor" means the noncargo carrying power unit 
that operates in combination with a semitrailer or trailer(s); 
(2) "semitrailer" and "trailer" mean any semitrailer or 
trailer, respectively, with respect to which section 422 of this 
title applies; and 
(3) "Interstate System" has the same meaning provided in 
section 101 of title 23, United States Code. 
49 u s e 2314. 
Minimum 
standards, 
establishment. 
Definitions. 
REPORT REGARDING LONGER COMBINATION COMMERCIAL MOTOR 
VEHICLES 
SEC. 415. (a) Within 18 months after the date of enactment of this 
title, the Secretary, after consultation with the transportation offi-
cials and Governors of the several States and after an opportunity 
for public comment, shall submit to Congress a detailed report on 
the potential benefits and costs if any, to shippers, receivers, opera-
tors of commercial motor vehicles, and the general public, that 
reasonably may be anticipated from the establishment of a National 
intercity truck route network for the operation of a special class of 
longer combination commercial motor vehicles. 
(b) For the purposes of this section, the term— 
(1) "longer combination commercial motor vehicles" means 
multiple-trailer combinations consisting of (A) truck tractor-
semitrailer-full trailer, and (B) truck tractor-semitrailer-full 
trailer-full trailer combinations with an overall length not in 
excess of one hundred and ten feet; and 
(2) "national intercity truck route network" means a network 
consisting of a number of controlled-access, interconnecting 
segments of the National System of Interstate and Defense 
Submittal to 
Congress. 
49 u s e 2315. 
Definitions. 
96 STAT. 2162 
PUBLIC LAW 97-424—JAN. 6, 1983 
Highways and other highways of comparable design and traffic 
capacity including, but not limited to, all such highways where 
the operation of longer combination commercial motor vehicles 
is authorized on the date of enactment of this section, 
(c) The detailed report mandated by this section shall include, but 
need not be limited to, the following— 
(1) a specific plan for the establishment of a national intercity 
truck route network, including the designation of those specific 
highway segments which would be required to connect the 
major distribution centers and markets for long-haul intercity 
freight service, except that the Secretary shall not include in 
the plan any highway segment which, because of design limita-
tions or other factors, cannot accommodate the safe operation of 
longer combination commercial motor vehicles; 
(2) an analysis of the intercity motor freight volume that 
reasonably can be anticipated to be transported by longer com-
bination commercial motor vehicles over the national intercity 
truck route network if such network is established by Congress; 
(3) an analysis of the fuel savings that reasonably can be 
anticipated in the transportation of freight by commercial 
motor vehicle if such network is established by Congress; 
(4) an analysis of the productivity gains that reasonably can 
be anticipated to be achieved in the transportation of freight by 
commercial motor vehicle if such network is established by 
Congress; 
(5) an analysis of the fuel conservation and productivity gains 
historically achieved by operators of longer combination com-
mercial motor vehicles; and 
(6) an analysis of the safety record of longer combination 
commercial motor vehicle operations that have been conducted 
prior to the date of enactment of this section. 
Weight limits. 
(d) In making the findings and determinations required by subsec-
tion (c) of this section, and in making the detailed report to Congress 
required by this section, the Secretary shall assume that the longer 
combination commercial motor vehicles operating on the national 
intercity truck route network, if and when established by Congress, 
would be subject to the single- and tandem-axle weight limits 
imposed by section 127 of title 23, United States Code. The Secretary 
shall further assume that the overall gross weight of such vehicles 
on a group of two or more consecutive axles shall be limited by the 
formula set forth in such section, and only by such formula. 
(e) In making the detailed report to Congress required by this 
section, the Secretary shall Eissume that longer combination com-
mercial motor vehicles operating on the national intercity truck 
route network will have reasonable access to terminals, combination 
breakup areas, and food and fuel facilities consistent with safe 
operations of such vehicles. 
PART C—OTHER PROVISIONS 
STATE RECREATIONAL BOATING 
SEC. 421. (a) The Federal Boat Safety Act of 1971 (Public Law 
92-75; 85 Stat. 213) is amended as follows: 
(1) By inserting "contract with, and" immediately after "The 
Secretary may" in the second sentence of section 25(a) (46 U.S.C. 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 21(53 
1474(a)) and in section 26(a) (46 U.S.C. 1475(a)) immediately 
after "promulgate, may". 
(2) In section 26 (b) and (c) (46 U.S.C. 1475 (b) and (c))— 
(A) by striking "appropriated" and inserting "authorized 
to be expended"; and 
(B) by adding at the end thereof the following: "His action 
in doing so shall be deemed a contractual obligation of the 
United States for the pajmient of the proportional share of 
the cost of implementing the program.". 
(3) In section 26(d) (46 U.S.C. 1475(d))— 
(A) by striking "appropriated" in the third and fourth 
sentences and inserting in lieu thereof "authorized to be 
expended"; 
(B) by inserting immediately after the third sentence the 
following: "Approval of those elements of a combined pro-
gram shall be deemed a contractual obligation of the 
United States for the payment of the proportional share of 
the cost of implementing State recreational boating safety 
programs pursuant to this Act."; and 
(C) by adding at the end thereof the following: "Approval 
of those elements of a combined program shall be deemed a 
contractual obligation of the United States for the payment 
of the proportional share of the cost of implementing State 
recreational boating facilities programs pursuant to this 
Act.". 
(4) In section 30 (46 U.S.C. 1479) by striking the section 
heading and all that follows thereafter and inserting in lieu 
thereof the following: 
"AUTHORIZATION OF CONTRACT S P E N D I N G AUTHORITY FOR STATE REC-
REATIONAL BOATING SAFETY AND FACILITIES IMPROVEMENT PRO-
GRAMS 
"SEC. 30. For the purposes of providing financial assistance for 
State recreational boating safety and facilities improvement pro-
grams, the Secretary is authorized to expend, subject to such 
amounts as are provided in appropriations Acts for liquidation of 
contract authority, an amount equal to the revenues accruing each 
fiscal year from the taxes under section 4041(b) of the Internal 
Revenue Code of 1954 with respect to special motor fuels used as fuel 
26 USC 4041. 
in motor boats and under section 4081 of such Code with respect to 
26 USC 4081. 
gasoline used as fuel in motor boats. Of the funds available for 
allocations and distribution for recreational boating safety and facil-
ities improvement programs, one-third shall be allocated for recre-
ational boating safety programs and two-thirds shall be allocated for 
recreational boating facilities improvement programs beginning 
with fiscal year 1983. Any funds authorized to be expended for State 
recreational and boating safety improvement programs shall remain 
available until expended and shall be deemed to have been 
expended only if a sum equal to the total amounts authorized to be 
expended under this section for the fiscal year in question and all 
previous fiscal years have been obligated. Any funds that were 
previously obligated but are released by payment of a final voucher 
or modification of a program acceptance shall be credited to the 
balance of unobligated funds and shall be immediately available for 
expenditure.". 
97-200 O—84—pt. 2 
26 : QL3 
96 STAT. 2164 
PUBLIC LAW 97-424—JAN. 6, 1983 
REFORESTATION 
SEC. 422. (a) Section 303 (d) and (e) of the Act of October 14,1980 (P.L. 
16 use 1606a. 
96-451, 16 U.S.C. 160a (d) and (e)), are amended to read as follows: 
"(d) During each of the fiscal years 1983, 1984, and 1985, the 
Secretary of Agriculture shall expend all amounts available in the 
Trust Fund (including any amounts not expended in previous fiscal 
years) for— 
"(1) reforestation and timber stand improvement as set forth 
in the Congressional policy in section 3(d) of the Forest and 
Rangeland Renewable Resources Planning Act of 1974 (16 
U.S.C. 1601(d)); and 
"(2) administrative costs of the Federal Government properly 
allocatable to the activities described in paragraph (1). 
In no event may the Secretary expend less than $104,000,000 out of 
the Trust Fund in fiscal year 1983 for the purposes of this 
subsection. 
"(e) It is the intent of Congress that the Secretary shall expend all 
of the funds available in the Trust Fund in each fiscal year. Any 
such funds which are not expended in a given fiscal year shall 
remain available for expenditure without fiscal year limitation; 
except that any funds not expended prior to October 1, 1985, shall, 
no later than April 30, 1986, be distributed to the States for use in 
State forestry programs pursuant to the formula set forth in the Act 
of May 23, 1908 (16 U.S.C. 500, Public Law 136, Sixtieth Congress.", 
(b) In section 303(b)(1) of such Act, strike out "and before Octo-
ber 1, 1985,". 
SALTONSTALL-KENNEDY ACT AMENDMENT 
SEC. 423. (a) Section 2(e) of the Act of August 11, 1939, commonly 
referred to as the Saltonstall-Kennedy Act (15 U.S.C. 713c-3 (e)), is 
amended to read as follows: 
"(e) ALI-OCATION OF FUND MONEYS.—(1) Notwithstanding any 
other provision of law, all moneys in the fund shall be used exclu-
sively for the purpose of promoting United States fisheries in accord-
ance with the provisions of this section, and no such moneys shall be 
transferred from the fund for any other purpose. With respect to 
any fiscal year, all moneys in the fund, including the sum of all 
unexpended moneys carried over into that fiscal year and all 
moneys transferred to the fund under subsection (b) or any other 
provision of law with respect to that fiscal year, shall be allocated as 
follows: 
"(A) the Secretary shall use no less than 60 per centum of 
such moneys to make direct industry assistance grants to 
develop the United States fisheries and to expand domestic and 
foreign markets fbr United States fishery products pursuant to 
subsection (c) of this section; and 
"(B) the Secretary shall use the balance of the moneys in the 
fund to finance those activities of the National Marine Fisheries 
Service which are directly related to development of the United 
States fisheries pursuant to subsection (d) of this section. 
"(2) The Secretary shall, consistent with the number of meritori-
ous applications received with respect to any fiscal year, obligate or 
expend all of the moneys in the fund described in paragraph (1). Any 
such moneys which are not expended in a given fiscal year shall 
remain available for expenditure in accordance with this section 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2165 
without fiscal year limitation, except that the Secretary shall not 
obligate such moneys at a rate less than that necessary to prevent 
the balance of moneys in the fund from exceeding $3,000,000 at the 
end of any fiscal year.". 
(b) The amendment made by subsection (a) of this section shall 
take effect on October 1, 1983. 
Effective date. 
15 u s e 713C-3 
note. 
OCEAN DUMPING 
SEC. 424. (a) Section 104 of the Marine Protection, Research, and 
Sanctuaries Act of 1972 (33 U.S.C. 1431(b)) is amended by adding the 
following new subsections at the end thereof: 
"(h) Notwithstanding any provision of title I of the Marine Protec-
tion, Research, and Sanctuaries Act of 1972 to the contrary, during 
the two-year period beginning on the date of enactment of this 
subsection, no permit may be issued under such title I that author-
izes the dumping of any low-level radioactive waste unless the 
Administrator 
of 
the 
Environmental 
Protection 
Agency 
determines— 
"(1) that the proposed dumping is necessary to conduct 
research— 
"(A) on new technology related to ocean dumping, or 
"(B) to determine the degree to which the dumping of 
such substance will degrade the marine environment; 
"(2) that the scale of the proposed dumping is limited to the 
smallest amount of such material and the shortest duration of 
time that is necessary to fulfill the purposes of the research, 
such that the dumping will have minimal adverse impact upon 
human health, welfare, and amenities, and the marine environ-
ment, ecological systems, economic potentialities, and other 
legitimate uses; 
"(3) after consultation with the Secretary of Commerce, that 
the potential benefits of such research will outweigh any such 
adverse impact; and 
"(4) that the proposed dumping will be preceded by appropri-
ate baseline monitoring studies of the proposed dump site and 
its surrounding environment. 
Each permit issued pursuant to this subsection shall be subject to 
such conditions and restrictions as the Administrator determines to 
be necessary to minimize possible adverse impacts of such dumping. 
"(i)(l) Two years after the date of enactment of this subsection, the 
Administrator may not issue a permit under this title for the 
disposal of radioactive waste material until the applicant, in addi-
tion to complying with all other requirements of this title, prepares, 
with respect to the site at which the disposal is proposed, a Radioac-
tive Material Disposal Impact Assessment which shall include— 
"(A) a listing of all radioactive materials in each container to 
be disposed, the number of containers to be dumped, the struc-
tural diagrams of each container, the number of curies of each 
material in each container, and the exposure levels in rems at 
the inside and outside of each container; 
"(B) an analysis of the environmental impact of the proposed 
action, at the site at which the applicant desires to dispose of 
the material, upon human health and welfare and marine life; 
"(C) any adverse environmental effects at the site which 
cannot be avoided should the proposal be implemented; 
33 u s e 1414. 
Permit issuance. 
33 u s e 1411. 
Radioactive 
Material 
Disposal Impact 
Assessment. 
96 STAT. 2166 
PUBLIC LAW 97-424—JAN. 6, 1983 
Consultation 
and public 
hearing results. 
Comprehensive 
monitoring plan. 
Assessment, 
copy to 
congressional 
committees. 
Recommenda-
tion to 
Congress. 
Ocean dumping 
permit, 
restricted 
issuance. 
"Resolution." 
"(D) an analysis of the resulting environmental and economic 
conditions if the containers fail to contain the radioactive waste 
material when initially deposited at the specific site; 
"(E) a plan for the removal or containment of the disposed 
nuclear material if the container leaks or decomposes; 
"(F) a determination by each affected State whether the 
proposed action is consistent with its approved Coastal Zone 
Management Program; 
"(G) an analysis of the economic impact upon other users of 
marine resources; 
"(H) alternatives to the proposed action; 
"(I) comments and results of consultation with State officials 
and public hearings held in the coastal States that are nearest 
to the affected areas; 
"(J) a comprehensive monitoring plan to be carried out by the 
applicant to determine the full effect of the disposal on the 
marine environment, living resources, or human health, which 
plan shall include, but not be limited to, the monitoring of 
exterior container radiation samples, the taking of water and 
sediment samples, and fish and benthic animal samples, adja-
cent to the containers, and the acquisition of such other infor-
mation as the Administrator may require; and 
"(K) such other information which the Administrator may 
require in order to determine the full effects of such disposal. 
"(2) The Administrator shall include, in any permit to which 
paragraph (1) applies, such terms and conditions as may be neces-
sary to ensure that the monitoring plan required under paragraph 
(1)(J) is fully implemented, including the analysis by the Adminis-
trator of the samples required to be taken under the plan. 
"(3) The Administrator shall submit a copy of the assessment 
prepared under paragraph (1) with respect to any permit to the 
Committee on Merchant Marine and Fisheries of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate. 
"(4) (A) Upon a determination by the Administrator that a permit 
to which this subsection applies should be issued, the Administrator 
shall transmit such a recommendation to the House of Representa-
tives and the Senate. 
"(B) No permit may be issued by the Administrator under this Act 
for the disposal of radioactive materials in the ocean unless the 
Congress, by approval of a resolution described in paragraph (D) 
within 90 days of continuous session of the Congress beginning on 
the date after the date of receipt by the Senate and the House of 
Representatives of such recommendation, authorizes the Adminis-
trator to grant a permit to dispose of radioactive material under this 
Act. 
"(C) For purposes of this subsection— 
"(1) continuity of session of the Congress is broken only by an 
adiournment sine die; 
'(2) the days on which either House is not in session because 
of an adjournment of more than three days to a day certain are 
excluded in the computation of the 90 day calendar period. 
"(D) For the purposes of this subsection, the term 'resolution' 
means a joint resolution, the resolving clause of which is as follows: 
'That the House of Representatives and the Senate approve and 
authorize the Administrator of the Environmental Protection 
Agency to grant a permit under the Marine Protection, Research, 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2167 
and Sanctuaries Act of 1972 to dispose of radioactive materials in 
the ocean as recommended by the Administrator to the Congress on 
, 19 
'; the first blank space therein to be filled with 
the appropriate applicant to dispose of nuclear material and the 
second blank therein to be filled with the date on which the Admin-
istrator submits the recommendation to the House of Representa-
tives and the Senate.". 
33 u s e 1401 
note. 
THE MERCHANT MARINE ACT, 1936 
SEC. 425. Section 1103(f) of the Merchant Marine Act, 1936 (46 
U.S.C. 1273(f)), is amended by adding at the end thereof the follow-
ing new sentence: "No additional limitations may be imposed on 
new commitments to guarantee loans for any fiscal year, except in 
such amounts as established in advance in annual authorization 
Acts. No vessel eligible for guarantees under this title shall be 
denied eligibility because of its type.". 
AIRPORT AND AIRWAY DEVELOPMENT PROGRAM 
SEC. 426. (a) Section 507(a) of the Airport and Airway Improve-
ment Act of 1982 (title V, Public Law 97-248, 96 Stat. 679) is 
amended by redesignating paragraph (3) as paragraph (3)(A) and 
adding immediately thereafter a new subparagraph (B) as follows: 
"(B) There is hereby established a supplementary discretion-
ary fund consisting of those amounts to be credited to such fund 
pursuant to section 505(a) of this title. Amounts in the supple-
mentary discretionary fund shall be distributed by the Secre-
tary in the same manner and for the same purposes as funds 
distributed pursuant to subparagraph (A) except that (i) such 
amounts may only be distributed for projects involving con-
struction, reconstruction, or repair begun after the date of 
enactment of this subparagraph and not to pay for any such 
work begun before such date, and (ii) the Secretary shall give 
preference to those projects that increase the safety or capacity 
of the airport receiving such funds. If any Act of Congress has 
the effect of limiting or reducing the amount authorized or 
available to be obligated for any fiscal year for the purposes of 
section 505, the Secretary shall implement such limitation or 
reduction by deferring the distribution of a corresponding 
amount of supplementary discretionary funds until a subse-
quent fiscal year. In no event may the Secretary reduce any 
other apportionment or distribution under this section in order 
to comply with any such Congressional limitation or reduction 
unless all of the supplementary discretionary funds available 
for distribution in such year have been deferred until a subse-
quent fiscal year.", 
(b) Section 505(a) of such Act is amended by— 
(1) striking out "$1,050,000,000" and inserting in lieu thereof 
$1,250,000,000, of which $200,000,000 shall be credited to the 
supplementary discretionary fund established by paragraph 
(3)(B) of section 507(a) of this title"; 
(2) striking out "$1,843,500,000" and inserting in lieu thereof 
"$2,243,500,000, of which $400,000,000 shall be credited to such 
fund"; 
49 u s e 2206. 
Supplementary 
discretionary 
fund. 
Distribution. 
Limitation or 
reduction. 
Ante, p. 676. 
96 STAT. 2168 
PUBLIC LAW 97-424—JAN. 6, 1983 
(3) striking out "$2,755,500,000" and inserting in lieu thereof 
"$3,230,500,000, of which $475,000,000 shall be credited to such 
fund"; 
(4) striking out "$3,772,500,000" and inserting in lieu thereof 
"$4,247,500,000, of which $475,000,000 shall be credited to such 
fund"; 
(5) striking out "$4,789,700,000" and inserting in lieu thereof 
"$5,264,700,000 of which $475,000,000 shall be credited to such 
fund"; and 
(6) adding at the end thereof the following new sentence: 
"TTiose amounts credited to the supplementary discretionary 
fund pursuant to this subsection shall not be subject to any of 
the apportionments or distributions set forth in sections 
507(aXl), (2), (3XA), or 508(d) of this title.". 
Ante, p. 677. 
(c) The first sentence of section 506(cX2) of such Act is amended by 
striking out ever3rthing after "section 505" and inserting in lieu 
thereof "for that fiscal year multiplied by a factor equal to 1.83 in 
the case of fiscal year 1983; 1.25 in the case of fiscal year 1984; 1.28 
in the case of fiscal year 1985; 1.28 in the case of fiscal year 1986; 
and 1.34 in the case of 
fiscal 
year 1987.". 
Ante, p. 679. 
(d) The second sentence of section 507(aXlXE) of such Act is 
amended by inserting ", after compl3dng with the provisions of 
paragraph (3XB) of this subsection," immediately after "the 
Secretary". 
26 use 9502. 
(e) Section 9502(dXlXA) of the Internal Revenue Code of 1954 is 
amended by striking out "the Airport and Airway Improvement Act 
of 1982", the second time it appears therein, and inserting in lieu 
thereof "the Surface Transportation Assistance Act of 1982". 
CODIFICATION CORRECTIONS 
SEC. 427. Section 11909(b) of title 49, United States Code, is 
amended by inserting after "chapter 105 of this title" the following: 
", or subject to the jurisdiction of the Commission prior to enact-
ment of the Department of Transportation Act,". 
(b) Section 11914(b) of title 49, United States Code, is amended by 
inserting after "chapter 105 of this title," the following: "or subject 
to the jurisdiction of the Commission prior to enactment of the 
Department of Transportation Act,". 
^
?
e
n
u
^
A
c
t o
f 
TITLE V—HIGHWAY REVENUE ACT OF 
198V 
' ° 
1982 
Subtitle A^Short Title; Table of Contents; 
Amendment of 1954 Code 
SEC. 501. SHORT TITLE; TABLE OF CONTENTS. 
26 use 1 note. 
(a) SHORT TITLE.—This title may be cited as the "Highway Reve-
nue Act of 1982". 
(b) TABLE OF CONTENTS.— 
TITLE V—fflGHWAY REVENUE ACT OF 1982 
Subtitle A—Short Title; Table of Contents; Amendment of 1954 Code 
Sec. 501. Short title; table of contents. 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2169 
Sec. 502. Amendment of 1954 Code. 
Subtitle B—Tax Changes 
Sec. 511. Motor fuel taxes. 
Sec. 512. Excise tax on heavy trucks. 
Sec. 513. Heavy truck use tax. 
Sec. 514. Taxes on heavy truck tires. 
Sec. 515. Repeal of tax on lubricating oil. 
Sec. 516. Period taxes and exemptions in effect. 
Sec. 517. Treatment of certain motor carrier operating authorities acquired by tax-
payers other than corporations. 
Sec. 518. Extension of pajmient due date for certain fuel taxes. 
Subtitle C—Floor Stocks Provisions 
Sec. 521. Floor stocks taxes. 
Sec. 522. Floor stocks refunds. 
Sec. 523. Definitions and specied rules. 
Subtitle D—Highway Trust Fund; Mass Transit Accoimt 
Sec. 531. 4-year extension of Highway Trust Fund; codification of Trust Fund in 
Internal Revenue Code of 1954; establishment of Mass Transit Account. 
Subtitle E—Miscellaneous Provisions 
Sec. 541. Tax treatment of public utility property. 
Sec. 542. No return required of individual whose only gross income is grant of $1,000 
from State. 
Sec. 543. Deduction for conventions on cruise ships. 
Sec. 544. Additional weeks of Federal supplemental compensation. 
Sec. 545. Exclusion of certain home energy assistance from income under SSI and 
AFDC. 
Sec. 546. Modifications to chlor-alkali electrolsrtic cells. 
Sec. 547. Interest exempt other than under the Internal Revenue Code of 1954. 
SEC. 502. AMENDMENT OF 1954 CODE. 
Except as otherwise expressly provided therein, whenever in sub-
title B an amendment or repeal is expressed in terms of an amend-
ment to, or repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of the 
Internal Revenue Ckxie of 1954. 
26 use i et seq. 
Subtitle B—Tax Changes 
SEC. 511. MOTOR FUEL TAXES. 
(a) TAXES ON GASOLINE, DIESEL FUEL, AND SPECIAL MOTOR FUEI^S 
INCREASED FROM 4 CENTS A GALLON TO 9 CENTS A GALLON.— 
(1) GASOLINE TAX.—Subsection (a) of section 4081 (relating to 26 use 4081. 
tax on gasoline) is amended by striking out "4 cents a gallon" 
and inserting in lieu thereof "9 cents a gallon". 
(2) DIESEL FUEL AND SPECIAL MOTOR FUELS.—Section 4041 26use404i. 
(relating to tax on diesel fuel and special motor fuels) is 
amended by striking out subsections (a) and (b) and inserting in 
lieu thereof the following: 
"(a) DIESEL FUEL AND SPECIAL MOTOR FUELS.— 
"(1) DIESEL FUEL.—There is hereby imposed a tax of 9 cents a 
gallon on any liquid (other than any product taxable under 
section 4081)— 
"(A) sold by any person to an owner, lessee, or other 
operator of a diesel-powered highway vehicle for use as a 
fuel in such vehicle, or 
96 STAT. 2170 
PUBLIC LAW 97-424—JAN. 6, 1983 
"(B) used by any person as a fuel in a diesel-powered 
highway vehicle unless there was a taxable sale of such 
liquid under subparagraph (A). 
"(2) SPECIAL MOTOR FUELS.—There is hereby imposed a tax of 9 
cents a gallon on benzol, benzene, naphtha, liquefied petroleum 
gas, casing head and natural gasoline, or any other liquid (other 
than kerosene, gsis oil, or fuel oil, or any product taxable under 
section 4081 or paragraph (1) of this subsection)— 
"(A) sold by any person to an owner, lessee, or other 
operator of a motor vehicle or motorboat for use as a fuel in 
such motor vehicle or motorboat, or 
"(B) used by any person as a fuel in a motor vehicle or 
motorboat unless there was a taxable sale of such liquid 
under subparagraph (A)." 
(b) EXEMPTION FOR METHANOL AND ETHANOL FUELS.— 
26 use 4041. 
(1) IN GENERAL.—Section 4041 is amended by adding at the 
end of the subsection (b) inserted by subsection (c) of this section 
the following new paragraph: 
"(2) QUALIFIED METHANOL AND ETHANOL FUEL.— 
(A) IN GENERAL.—No tax shall be imposed by subsection 
(a) on any qualified methanol or ethanol fuel. 
"(B) QUALIFIED METHANOL OR ETHANOL FUEL.—The term 
'qualified methanol or ethanol fuel' means any liquid at 
least 85 percent of which consists of methanol, ethanol, or 
other alcohol produced from a substance other than petro-
leum or natural gas. 
"(C) TERMINATION.—On and after October 1,1988, subpar-
agraph (A) shall not apply." 
26 use 44E. 
(2) COORDINATION WITH CREDIT.—Subsection (c) of section 44E 
(relating to coordination of credit for alcohol used as a fuel with 
exemption from excise tax) is amended by striking out "section 
4041(k) or 4081(c)" and inserting in lieu thereof "subsection 
(bX2) or (k) of section 4041 or section 4081(c)". 
(c) EXEMPTION FOR OFF-HIGHWAY BUSINESS USE.— 
26 use 6421. 
(1) GASOUNE.—Subsection (a) of section 6421 (relating to non-
highway use of gasoline) is amended by striking out the first 
sentence auid inserting in lieu thereof the following: "Except as 
provided in subsection (i), if gasoline is used in an off-highway 
business use, the Secretary shall pay (without interest) to the 
ultimate purchaser of such gasoline an amount equal to the 
amount determined by multiplying the number of gallons so 
used by the rate at which tax was imposed on such gasoline 
under section 4081." 
26 use 4041. 
(2) DIESEL FUEL AND SPECIAL MOTOR FUELS.—Section 4041 is 
amended by inserting after subsection (a) the following new 
subsection: 
"(b) EXEMPTION FOR OFF-HIGHWAY BUSINESS USE; EXEMPTION FOR 
QUALIFIED METHANOL AND ETHANOL FUEL.— 
"(1) EXEMPTION FOR OFF-HIGHWAY BUSINESS USE.— 
"(A) IN GENERAL.—No tax shall be imposed by subsection 
(a) on liquids sold for use or used in an off-highway business 
use. 
"(B) TAX WHERE OTHER USE.— If a liquid on which no tax 
was imposed by reason of subparagraph (A) is used other-
wise than in an off-highway business use, a tax shall be 
imposed by paragraph (IXB) or (2XB) of subsection (a) 
(whichever is appropriate). 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2171 
"(O OFF-HIGHWAY BUSINESS USE DEFINED.—For purposes 
of this subsection, the term 'off-highway business use has 
the meaning given to such term by section 6421(dX2)." 
(3) CLERICAL AMENDMENTS.— 
(A) Subparagraphs (A) and (B) of section 6421(dX2) are 26 use 6421. 
each amended by striking out "qualified business use" and 
inserting in lieu thereof "off-highway business use". 
(B) The heading for paragraph (2) of section 6421(d) is 
amended by striking out "QUAUFIED" and inserting in lieu 
thereof "OFF-HIGHWAY". 
(d) RATES OF TAX FOR GASOHOL.— 
(1) AMENDMENTS OF SECTION 4081.— 
26 use 408i. 
(A) IN GENERAL.—Paragraph (1) of section 4081(c) (relat-
ing to gasoline mixed with alcohol) is amended by striking 
out "no tax shall be imposed by this section on the sale of 
any gasoline" and inserting in lieu thereof "subsection (a) 
shall be applied by substituting '4 cents' for '9 cents' in the 
case of the sale of any gasoline". 
(B) TREATMENT OF LATER SEPARATION.— 
(i) Paragraph (2) of section 4081(c) is amended by 
striking out tax was not imposed by reason of this 
subsection" and inserting in lieu thereof "tax was 
imposed under subsection (a) at the rate of 4 cents a 
gallon by reason of this subsection". 
(ii) Paragraph (2) of section 4081(c) is amended by 
adding at the end thereof the following new sentence: 
"The amount of tax imposed on any sale of such gaso-
line by such person shall be 5 cents a gallon." 
(2) AMENDMENT OF SECTION 4041.—Subsection (k) of section 26 use 404i. 
4041 (relating to fuels containing alcohol) is amended to read as 
follows: 
"(k) FUELS CONTAINING ALCOHOL.— 
"(1) IN GENERAL.—Under regulations prescribed by the Secre-
tary, in the case of the sale or use of any liquid fuel at least 10 
percent of which consists of alcohol (as defined in section 
4081(cX3))— 
"(A) subsection (a) shall be applied by substituting *
4 
cents' for '9 cents' each place it appears, and 
"(B) no tax shall be imposed by subsection (c). 
"(2) LATER SEPARATION.—If any person separates the liquid 
fuel from a mixture of the liquid fuel and alcohol to which 
paragraph (1) applied, such separation shall be treated as a sale 
of the liquid fuel. Any tax imposed on such sale shall be reduced 
by the amount (if any) of the tax imposed on the sale of such 
mixture. 
"(3) TERMINATION.—Paragraph (1) shall not apply to any sale 
or use after December 31,1992. 
(3) CREDIT FOR ALCOHOL USED AS A FUEL.—Section 44E (relating 26 use 44E. 
to alcohol used as a fuel) is amended— 
(A) by striking out "40 cents" each place it appears and 
inserting in lieu thereof "50 cents", and 
(B) by striking out "30 cents" each place it appears and 
inserting in lieu thereof "37.5 cents". 
(4) AMENDMENTS OF SECTION 6427.^Subsection (f) of section 26 use 6427. 
6427 is amended to read as follows: 
"(f) GASOUNE USED TO PRODUCE CERTAIN ALCOHOL FUELS.— 
96 STAT. 2172 
PUBLIC LAW 97-424—JAN. 6, 1983 
26 use 6427. 
Report and rec-
ommendations 
to Congress. 
26 u s e 6427 
note. 
26 u s e 6420. 
"(1) IN GENERAL.—Except as provided in subsection (i), if any 
gasoline on which a tax is imposed by section 4081 at the rate of 
9 cents a gallon is used by any person in producing a mixture 
described in section 4081(c) which is sold or used in such per-
son's trade or business, the Secretary shall pay (without inter-
est) to such person an amount equal to the amount determined 
at the rate of 5 cents a gallon. The preceding sentence shall not 
apply with respect to any mixture sold or used after Decem-
ber 31, 1992. 
"(2) COORDINATION WITH OTHER REPAYMENT PROVISIONS.—No 
amount shall be payable under paragraph (1) with respect to 
any gasoline with respect to which an amount is payable under 
; subsection (d) or (e) of this section or under section 6420 or 
vii 6421." 
•' b 
(5) TARIFF ON ALCOHOL IMPORTED FOR USE AS A FUEL.—Item901.50 
of the Tariff Schedules of the United States (19 U.S.C. 1202) is 
amended by striking out "40 cents per gal." each place it 
appears and inserting in lieu thereof "50 cents per gal." 
(e) USE IN CERTAIN TAXICABS.— 
(1) IN GENERAL.—Paragraph (1) of section 6427(e) (relating to 
use in certain taxicabs) is amended by striking out "an amount 
equal to the aggregate amount of the tax imposed on such 
gasoline or fuel" and inserting in lieu thereof "an amount 
determined at the rate of 4 cents a gallon". 
(2) EXTENSION OF REPAYMENT.—Paragraph (3) of section 
6427(e) (relating to termination) is amended by striking out 
"December 31,1982" and inserting in lieu thereof "September 30, 
1984". 
(3) SUSPENSION OF SHARED TRANSPORTATION REQUIREMENT.— 
Clause (ii) of section 6427(eX2)(A) (relating to qualified taxicab 
services) is amended to read as follows: 
"(ii) is not prohibited by company policy from fur-
nishing (with the consent of the passengers) shared 
transportation.'' 
(4) STUDY.—The Secretary of the Treasury or his delegate 
shall conduct a study of the reduced rate of fuels taxes provided 
for taxicabs by section 6427(e) of the Internal Revenue Code of 
1954. Not later than January 1, 1984, the Secretary shall trans-
mit a report on the study conducted under the preceding sen-
tence to the Congress, together with such recommendations as 
he may deem advisable. 
(f) REFUND OF MOTOR FUEL TAXES TO AERIAL AND OTHER APPUCA-
TORS OF AGRICULTURAL SUBSTANCES.—Paragraph (4) of section 
6420(c) (defining use on a farm for farming purposes) is amended to 
read as follows: 
"(4) CERTAIN FARMING USE OTHER THAN BY OWNER, ETC.—In 
appl)dng paragraph (3)(A) to a use on a farm for any purpose 
described in paragraph (3XA) by any person other than the 
owner, tenant, or operator of such farm— 
"(A) the owner, tenant, or operator of such farm shall be 
treated as the user and ultimate purchaser of the gasoline, 
except that 
"(B) if— 
"(i) the person so using the gasoline is an aerial or 
other applicator of fertilizers or other substances and is 
the ultimate purchaser of the gasoline, and 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2173 
"(ii) the person described in subparagraph (A) waives 
(at such time and in such form £ind manner as the 
Secretary shall prescribe) his right to be treated as the 
user and ultimate purchaser of the gasoline, 
then subparagraph (A) of this paragraph shall not apply 
and the aerial or other applicator shall be treated as having 
used such gasoline on a farm for farming purposes." 
(g) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) GASOLINE USED IN NONCOMMERCIAL AVIATION.—Paragraph 
(3) of section 4041(c) (relating to noncommercial aviation) is 26USC4041. 
amended to read as follows: 
"(3) RATE OF TAX.—The rate of tax imposed by paragraph (2) 
on any gasoline is the excess of 12 cents a gallon over the rate at 
which tax was imposed on such gasoline under section 4081." 
(2) COMPORMING AMENDMENTS.— 
(A) Paragraph (2) of section 6416(b) is amended by strik- 26 use 6416. 
ing out "section 4041 (aXD or (bXl)" and inserting in lieu 
thereof "paragraph (IXA) or (2XA) of section 4041(a)^'. 
(B) Subsection (a) of section 6427 is amended by striking 26 use 6427. 
out "section 4041 (a), (b), or (c)" and inserting in lieu thereof 
"section 4041 (a) or (c)". 
(C) Paragraph (1) of section 6427(b) is amended by striking 
out "subsection (a) or (b) of section 4041" each place it 
appears and inserting in lieu thereof "subsection (a) of 
section 4041". 
(D) Subsection (c) of section 6427 is amended by striking 
out "section 4041 (a), (b) or (c)" and inserting in lieu thereof 
"section 4041 (a) or (c)". 
(h) EFFECTIVE DATE.— 
26 use 404i 
(1) IN GENERAL.—Except as otherwise provided in this subsec- ^°^-
tion, the amendments made by this section shall take effect on 
April 1,1983. 
(2) TARIFF ON IMPORTED ALCOHOL.—The amendment made by 
subsection (dX5) shall apply with respect to articles entered, or 
withdrawn from warehouse for consumption, after March 31, 
1983. 
(3) FOR SUBSECTION (eX2).—The amendment made by subsec-
tion (eX2) shall take effect on January 1,1983. 
(4) SHARED TRANSPORTATION REQUIREMENT.—The amendment 
made by subsection (eX3) shall apply with respect to fuel pur-
chased after December 31, 1982, and before January 1, 1984. 
SEC. 512. EXCISE TAX ON HEAVY TRUCKS. 
(a) CHANGES IN EXISTING MANUFACTURERS EXCISE TAX.— 
(1) INCREASE IN THRESHOLD WEIGHTS.—Paragraph (2) of section 
4061(a) (relating to exclusion for light-duty trucks, etc.) is 26 use 4061. 
amended to read as follows: 
"(2) EXCLUSION FOR TRUCKS WITH GROSS VEHICLE WEIGHT OF 
33,000 POUNDS OR LESS, AND CERTAIN TRAILERS.— 
"(A) The tax imposed by paragraph (1) shall not apply to 
automobile truck chassis and automobile truck bodies, suit-
able for use with a vehicle which has a gross vehicle weight 
of 33,000 pounds or less (as determined under regulations 
prescribed by the Secretary). 
"(B) The tax imposed by paragraph (1) shall not apply to 
truck trailer and semitrailer chassis and bodies, suitable for 
use with a trailer or semitrailer which has a gross vehicle 
96 STAT. 2174 
PUBLIC LAW 97-424—JAN. 6, 1983 
weight of 26,000 pounds or less (as determined under regu-
lations prescribed by the Secretary)." 
(2) REPEAL OF TAX ON PARTS AND ACCESSORIES, TERMINATION OF 
26 u s e 4061. 
TAX 
IMPOSED 
AT MANUFACTURES 
LEVEL.—Section 
4061 
is 
amended by adding at the end thereof the following new 
subsection: 
"(c) TERMINATION.— 
"(1) TAX ON PARTS AND ACCESSORIES.—On and after the day 
after the date of the enactment of this subsection, the tax 
imposed by subsection (b) shall not apply. 
"(2) TAX ON TRUCKS.—On and after April 1, 1983, the tax 
imposed by subsection (a) shall not apply." 
(3) EXEMPTION OF CERTAIN RAIL TRAILERS AND VANS.—Subsec-
26 use 4063. 
tion (a) of section 4063 (relating to exemptions for specified 
articles) is amended by adding at the end thereof the following 
new paragraph: 
"(8) RAIL TRAILERS AND RAIL VANS.—The tax imposed under 
section 4061 shall not apply in the case of— 
"(A) any chassis or body of a trailer or semitrailer which 
is designed for use both as a highway vehicle and a railroad 
car, and 
"(B) any parts or accessories designed primarily for use 
on or in connection with an article described in subpara-
graph (A). 
For purposes of this paragraph, a piggy-back trailer or semi-
trailer shall not be treated as designed for use as a railroad 
car." 
26 use 4061 
(4) EFFECTIVE DATE.—The amendments made by this subsec-
note. 
tion shall take effect on the day after the date of the enactment 
of this Act. 
(b) IMPOSITION OF RETAIL TAX ON SALE OF HEAVY TRUCKS AND 
TRAILERS.— 
(1) IN GENERAL.—Chapter 31 is amended by adding at the end 
thereof the following new subchapter: 
"Subchapter B—Heavy Trucks and Trailers 
"Sec. 4051. Imposition of tax on heavy trucks and trailers sold at retail. 
"Sec. 4052. Definitions and special rules. 
"Sec. 4053. Exemptions. 
26 use 4051. 
"SEC. 4051. IMPOSITION OF TAX ON HEAVY TRUCKS AND TRAILERS SOLD 
AT RETAIL. 
"(a) IMPOSITION OF TAX.— 
"(1) IN GENERAL.—There is hereby imposed on the first retail 
sale of the following articles (including in each case parts or 
accessories sold on or in connection therewith or with the sale 
thereof) a tax of 12 percent of the amount for which the article 
is so sold: 
"(A) Automobile truck chassis. 
"(B) Automobile truck bodies. 
"(C) Truck trailer and semitrailer cheissis. 
"(D) Truck trailer and semitrailer bodies. 
"(E) Tractors of the kind chiefly used for highway trans-
portation in combination with a trailer or semitrailer. 
"(2) EXCLUSION FOR TRUCKS WEIGHING 33,000 POUNDS OR 
LESS.—The tax imposed by paragraph (1) shall not apply to 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2175 
automobile truck chassis and automobile truck bodies, suitable 
for use with a vehicle which has a gross vehicle weight of 33,000 
pounds or less (as determined under regulations prescribed by 
the Secretary). 
"(3) EXCLUSION FOR TRAILERS WEIGHING 26,OOO POUNDS OR 
LESS.—The tax imposed by paragraph (1) shall not apply to 
truck trailer and semitrailer chassis and bodies, suitable for use 
with a trailer or semitrailer which has a gross vehicle weight of 
26,000 pounds or less (as determined under regulations pre-
scribed by the Secretary. 
"(4) SALE OF TRUCKS, ETC., TREATED AS SALE OF CHASSIS AND 
BODY.—For purposes of this subsection, a sale of an automobile 
truck or truck trailer or semitrailer shall be considered to be a 
sale of a chassis and of a body described in paragraph (1). 
"(b) SEPARATE PURCHASE OF TRUCK OR TRAILER AND PARTS AND 
ACCESSORIES THEREFOR.—Under regulations prescribed by the 
Secretary— 
"(1) IN GENERAL.—If— 
"(A) the owner, lessee, or operator of any vehicle which 
contains an article taxable under subsection (a) installs (or 
causes to be installed) any part or accessory on such vehicle, 
and 
"(B) such installation is not later than the d^te 6 months 
after the date such vehicle (as it contains such article) was 
first placed in service, 
then there is hereby imposed on such installation a tax equal to 
12 percent of the price of such part or accessory and its 
installation. 
"(2) EXCEPTIONS.—Paragraph (1) shall not apply if— 
"(A) the part or accessory installed is a replacement pgirt 
or accessory, or 
"(B) the aggregate price of the parts and accessories (and 
their installation) described in paragraph (1) with respect to 
any vehicle does not exceed $200 (or such other amount or 
amounts as the Secretary may by regulations prescribe). 
"(3) INSTALLERS SECONDARILY LIABLE FOR TAX.—In addition to 
the owner, lessee, or operator of the vehicle, the owner of the 
trade or business installing the part or accessory shall be liable 
for the tax imposed by paragraph (1). 
"(c) TERMINATION.—On and after October 1, 1988, the taxes 
imposed by this section shall not apply. 
(d) TRANSITIONAL RULE.—In the case of any article taxable under 
subsection (a) on which tax was imposed under section 4061(a), 
subsection (a) shall be applied by substituting '2 percent' for '12 
percent'. 
"SEC. 4052. DEFINITIONS AND SPECIAL RULES. 
26 USC 4052. 
"(a) FIRST RETAIL SALE.—For purposes of this subchapter— 
"(1) IN GENERAL.—The term 'first retail sale' means the first 
sale, for a purpose other than for resale, after manufacture, 
production, or importation. 
"(2) LEASES CONSIDERED AS SALES.—Rules similar to the rules 
of section 4217 shall apply. 
"(3) USE TREATED AS SALE.— 
"(A) IN GENERAL.—If any person uses an article taxable 
under section 4051 before the first retail sale of such article, 
then such person shall be liable for tax under section 4051 
96 STAT. 2176 
PUBLIC LAW 97-424—JAN. 6, 1983 
in the same manner as if such article were sold at retail by 
him. 
"(B) EXEMPTION FOR USE IN FURTHER MANUFACTURE.— 
Subparagraph (A) shall not apply to use of an article as 
material in the manufacture or production of, or as a 
component part of, another article to be manufactured or 
produced by him. 
"(C) COMPUTATION OP TAX.—In the case of any person 
made liable for tax by subparagraph (A), the tax shall be 
computed on the price at which similar articles are sold at 
retail in the ordinary course of trade, as determined by the 
Secretary. 
"(b) DETERMINATION OF PRICE.— 
"(1) IN GENERAL.—In determining price for purposes of this 
subchapter— 
"(A) there shall be included any charge incident to plac-
ing the article in condition ready for use, 
"(B) there shall be excluded— 
"(i) the amount of the tax imposed by this 
subchapter, 
"(ii) if stated as a separate charge, the amount of any 
retail sales tax imposed by any State or political subdi-
vision thereof or the District of Columbia, whether the 
liability for such tax is imposed on the vendor or 
vendee, and 
"(iii) the fair market value (including any tax 
imposed by section 4071) at retail of any tires (not 
including any metal rim or rim base), and 
"(C) the price shall be determined without regard to any 
trade-in. 
"(2) SALES NOT AT ARM'S LENGTH.—In the case of any article 
sold (otherwise than through an arm's-length transaction) at 
less than the fair market price, the tax under this subchapter 
shall be computed on the price for which similar articles are 
sold at retail in the ordinary course of trade, as determined by 
the Secretary. 
"(c) CERTAIN COMBINATIONS NOT TREATED AS MANUFACTURE.—For 
purposes of this subchapter (other than subsection (aX3XB)), a person 
shall not be treated as engaged in the manufacture of any article by 
reason of merely combining such article with any equipment or 
other item listed in section 4063(d). 
"(d) CERTAIN OTHER RULES MADE APPUCABLE.—Under regulations 
prescribed by the Secretary, rules similar to the rules o
f
—
-
"(1) subsections (c) and (d) of section 4216 (relating to partial 
payments), and 
(2) section 4222 (relating to registration), 
shall apply for purposes of this subchapter. 
26 use 4053. 
"SEC. 4053. EXEMPTIONS. 
"(a) EXEMPTION OP SPECIFIED ARTICLES.—No tax shall be imposed 
under section 4051 on any article specified in subsection (a) of 
section 4063. 
"(b) CERTAIN EXEMPTIONS MADE APPUCABLE.—The exemptions 
E
rovided by section 4221(a) are hereby extended to the tax imposed 
y section 4051." 
(2) TECHNICAL AND CONFORMING AMENDMENTS.— 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2177 
(A) Chapter 31 is amended by striking out the chapter 
heading and inserting in lieu thereof the following: 
"CHAPTER 
31—RETAIL 
EXCISE 
TAXES 
"SUBCHAPTER A. Special fuels. 
"SUBCHAPTER B. Heavy trucks and trailers. 
"Subchapter A—Special Fuels". 
(B) The table of chapters for subtitle D is amended by 
striking out the item relating to chapter 31 and inserting in 
lieu thereof the following new item: 
"Chapter 31. Retail excise taxes." 
(C) Paragraph (2) of section 6416(b), as amended by this 
26 use 6416. 
Act, is amended by inserting "or under section 4051" after 
"section 4041(a)". 
(D) Paragraph (1) of section 6416(a) is amended by strik-
ing out "chapter 31 (special fuels)" and inserting in lieu 
thereof "chapter 31 (relating to retail excise taxes)". 
(3) EFFECTIVE DATE.—The amendments made by this subsec- 26 use 4051 
tion shall take effect on April 1,1983. 
"°^-
SEC. 513. HEAVY TRUCK USE TAX. 
(a) INCREASE IN RATE OF TAX.—Subsection (a) of section 4481 26 use 4481. 
(relating to imposition of tax) is amended to read as follows: 
"(a) IMPOSITION OF TAX.—A tax is hereby imposed on the use of any 
highway motor vehicle which (together with the semitrailers and 
trailers customarily used in connection with highway motor vehicles 
of the same type as such highway motor vehicle) has a taxable gross 
weight of at least 33,000 pounds at the rate specified in the following 
table: 
"(1) IN GENERAL.— 
"Taxable gross weight 
At least 
But less than 
Rate of tax 
33,000 pounds 
55,000 pounds 
$50 a year, plus $25 for 
each 1,000 pounds or 
fraction 
thereof 
in 
excess of 33,000 pounds. 
55,000 pounds 
80,000 pounds 
$600 a year, plus the ap-
plicable rate for each 
1,000 pounds or fraction 
thereof in excess of 
55,000 pounds. 
80,000 pounds or more 
The maximum tax a 
year." 
"(2) DEFINITIONS.—For purposes of paragraph (1)— 
"In the case of the taxable period beginning 
The maximum 
on July 1 of: 
The applicable rate is: 
tax is: 
1984 
$40 
$1,600 
1985 
40 
1,600 
1986. 
44 
1,700 
1987 
48 
1,800 
1988 or thereafter 
.52 
1,900." 
(b) EXEMPTION WHERE TRUCK USED FOR LESS THAN 5,000 MILES ON 
PUBLIC HIGHWAYS.—Section 4483 (relating to exemptions from high- 
26 use 4483. 
96 STAT. 2178 
PUBLIC LAW 97-424—JAN. 6, 1983 
way use tax) is amended by adding after subsection (c) thereof the 
following new subsection: 
"(d) EXEMPTION FOR TRUCKS USED FOR LESS THAN 5,000 MILES ON 
PuBuc HIGHWAYS.— 
"(1) SUSPENSION OF TAX.— 
"(A) IN GENERAL.—If— 
"(i) it is reasonable to expect that the use of any 
highway motor vehicle on public highways during any 
taxable period will be less than 5,000 miles, and 
"(ii) the owner of such vehicle furnishes such infor-
mation as the Secretary may by forms or regulations 
require with respect to the expected use of such vehicle, 
26 use 4481. 
then the collection of the tax imposed by section 4481 with 
respect to the use of such vehicle shall be suspended during 
the taxable period. 
"(B) SUSPENSION CEASES TO APPLY WHERE USE EXCEEDS 
5,000 MILES.—Subparagraph (A) shall cease to apply with 
respect to any highway motor vehicle whenever the use of 
such vehicle on public highways during the taxable period 
exceeds 5,000 miles. 
"(2) EXEMPTION.—If— 
"(A) the collection of the tax imposed by section 4481 with 
respect to any highway motor vehicle is suspended under 
paragraph (1), 
"(B) such vehicle is not used during the taxable period on 
public highways for more than 5,000 miles, and 
"(C) except as otherwise provided in regulations, the 
owner of such vehicle furnishes such information as the 
Secretary may require with respect to the use of such 
vehicle during the taxable period, 
then no tax shall be imposed by section 4481 on the use of such 
vehicle for the taxable period. 
"(3) REFUND WHERE TAX PAID AND VEHICLE NOT USED FOR MORE 
THAN 5,000 MILES.—If— 
"(A) the tax imposed by section 4481 is paid with respect 
to any highway motor vehicle for any taxable period, and 
"(B) the requirements of subparagraphs (B) and (C) of 
paragraph (2) are met with respect to such taxable period, 
the amount of such tax shall be credited or refunded (without 
interest) to the person who paid such tax. 
"(4) REUEF FROM UABIUTY FOR TAX UNDER CERTAIN CIRCUM-
STANCES WHERE T
R
U
C
K IS TRANSFERRED.—Under regulations 
prescribed by the Secretary, the owner of a highway motor 
vehicle with respect to which the collection of the tax imposed 
by section 4481 is suspended under paragraph (1) shall not be 
liable for the tax imposed by section 4481 (and the new owner 
shall be liable for such tax) with respect to such vehicle i
f
— 
"(A) such vehicle is transferred to a new owner, 
"(B) such suspension is in effect at the time of such 
transfer, and 
"(C) the old owner furnishes such information as the 
Secretary by forms and regulations requires with respect to 
the transfer of such vehicle. 
"(5) OWNER DEFINED.—For purposes of this subsection, the 
term 'owner' means, with respect to any highway motor vehicle, 
the person described in section 4481(b)." 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2179 
(c) CLARIFICATION OF TRAILERS CUSTOMARILY USED IN CONNECTION 
WITH HIGHWAY MOTOR VEHICLES.— 
(1) Subsection (c) of section 4482 is amended by adding at the 
26 USC 4482. 
end thereof the following new paragraph: 
"(5) CUSTOMARY USE.—A semitrailer or trailer shall be treated 
as customarily used in connection with a highway motor vehicle 
if such vehicle is equipped to tow such semitrailer or trailer." 
(2) The heading for subsection (c) of section 4482 is amended 
by inserting "AND SPECIAL RULE" after "DEFINITIONS". 
(d) PRORATION OF TAX WHERE VEHICLE DESTROYED.—Subsection (c) 
of section 4481 (relating to proration of tax) is amended to read as 
26 USC 4481. 
follows: 
"(c) PRORATION OF TAX.— 
"(1) WHERE FIRST USE OCCURS AFTER FIRST MONTH.—If in 
any 
taxable period the first use of the highway motor vehicle is after 
the first month in such period, the tax shall be reckoned 
proportionately from the first day of the month in which such 
use occurs to and including the last day in such taxable period. 
"(2) WHERE VEHICLE DESTROYED OR STOLEN.— 
"(A) IN GENERAL.—If in any taxable period a highway 
motor vehicle is destroyed or stolen before the first day of 
the last month in such period and not subsequently used 
during such taxable period, the tax shall be reckoned pro-
portionately from the first day of the month in such period 
in which the first use of such highway motor vehicle occurs 
to and including the last day of the month in which such 
highway motor vehicle was destroyed or stolen. 
"(B) DESTROYED.—For purposes of subparagraph (A), a 
highway motor vehicle is destroyed if such vehicle is dam-
aged by reason of an accident or other casualty to such an 
extent that it is not economic to rebuild." 
(e) SPECIAL RULE FOR TAXABLE PERIOD IN WHICH TERMINATION 
DATE OCCURS.—Section 4482 is amended by adding at the end 
26 USC 4482. 
thereof the following new subsection: 
"(d) SPECIAL RULE FOR TAXABLE PERIOD IN WHICH TERMINATION 
DATE OCCURS.—In the case of the taxable period which ends on 
September 30, 1988, the amount of the tax imposed by section 4481 
with respect to any highway motor vehicle shall be determined by 
reducing each dollar amount in the table contained in section 
4481(a) by 75 percent." 
Ante, p. 2177. 
(f) EFFECTIVE DATE.— 
26 use 4481 
(1) IN GENERAL.—Except as otherwise provided in this subsec- 
^°^-
tion, the amendments made by this section shall take effect on 
July 1,1984. 
(2) SPECIAL RULE IN THE CASE OF CERTAIN OWNER-OPERATORS.— 
(A) IN GENERAL.—In the case of a small owner-operator, 
paragraph (1) of this subsection and paragraph (2) of section 
4481(a) of the Internal Revenue Code of 1954 (as added by 
this section) shall be applied by substituting for each date 
contained in such paragraphs a date which is 1 year after 
the date so contained. 
(B) SMALL OWNER-OPERATOR.—For purposes of this para-
graph, the term "small owner-operator" means any person 
who owns and operates at any time during the taxable 
period no more than 5 highway motor vehicles with respect 
to which a tax is imposed by section 4481 of such Code for 
such taxable period. 
96 STAT. 2180 
PUBLIC LAW 97-424—JAN. 6, 1983 
(D) AGGREGATION OP VEHICLE OWNERSHIPS.—For purposes 
of subparagraph (B), all highway motor vehicles with 
respect to which a tax is imposed by section 4481 of such 
Code which are owned by— 
(i) any trade or business (whether or not incorpora-
ted) which is under common control with the tgixpayer 
(within the meaning of section 52 (b)), or 
(ii) any member of any controlled groups of corpora-
tions of which the taxpayer is a member, for any 
taxable period shall be treated as being owned by the 
taxpayer during such period. The Secretary shall pre-
scribe regulations which provide attribution rules that 
take into account, in addition to the persons and enti-
ties described in the preceding sentence, taxpayers who 
own highway motor vehicles through partnerships, 
joint ventures, and corporations. 
(E) CONTROLLED GROUPS OF CORPORATIONS.—For purposes 
of this paragraph, the term "controlled group of corpora-
tions" has the meaning given to such term by section 
1563(a), except that— 
(i) "more than 50 percent" shall be substituted for 
"at least 80 percent" each place it appears in section 
26 use 1563. 
1563(aXl), and 
(ii) the determination shall be made without regard 
to subsections (aX4) and (eX3XC) of section 1563. 
(F) HIGHWAY MOTOR VEHICLES.—For purposes of this para-
graph, the term "highway motor vehicle" has the meaning 
given to such term by section 4482(a) of such Code. 
26 use 4481 
(g) STUDY OP ALTERNATIVES TO TAX ON USE OF HEAVY TRUCKS.— 
^°^- 
(1) IN GENERAL.—The Secretary of Transportation (in consul-
tation with the Secretary of the Treasury) shall conduct a study 
of— 
(A) alternatives to the tax on heavy vehicles imposed by 
Ante, p. 2177. 
section 4481(a) of the Internal Revenue (Dode of 1954, and 
(B) plans for improving the collecting and enforcement of 
such tax and alternatives to such tax. 
(2) ALTERNATIVES INCLUDED.—The alternatives studied under 
paragraph (1) shall include taxes based either singly or in 
suitable combinations on vehicle size or configuration; vehicle 
weight, both registered and actual operating weight; and dis-
tance traveled. Plans for improving tax collection and enforce-
ment shall, to the extent practical, provide for Federal and 
State co-operation in such activities. 
(3) CONSULTATION WITH STATE OFFICIALS AND OTHER AFFECTED 
PARTIES.—The study required under subsection (a) shall be con-
ducted in consultation with State officials, motor carriers, and 
other affected parties. 
(4) REPORT.—Not later than January 1, 1985, the Secretary of 
Transportation shall submit to the (Dommittee on Ways and 
Means of the House of Representatives and the (Dommittee on 
Finance of the Senate a report on the study conducted under 
paragraph (1) together with such recommendations as he may 
deem advisable. 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2181 
SEC. 514. TAXES ON HEAVY TRUCK TIRES. 
(a) GENERAL RULE.—Subsection (a) of section 4071 (relating to 
26 use 4071. 
imposition and rate of tax on tires and tubes) is amended to read as 
follows: 
"(a) IMPOSITION AND RATE OF TAX.—There is hereby imposed on 
tires of the type used on highway vehicles, if wholly or in part made 
of rubber, sold by the manufacturer, producer, or importer a tax at 
the following rates: 
"If the tire weighs: 
The rate of tax is: 
Not more than 40 lbs 
No tax. 
More than 40 lbs. but not more than 
15 cents per lb. in excess of 40 lbs. 
70 lbs. 
More than 70 lbs. but not more than 
$4.50 plus 30 cents per lb. in excess of 70 
90 lbs. 
lbs. 
More than 90 lbs 
$10.50 plus 50 cents per lb. in excess of 
90 lbs." 
(b) EFFECTIVE DATE.—The amendment made by this section shall 
26 use 4071 
apply to articles sold on or after January 1,1984. 
^°^-
SEC. 515. REPEAL OF TAX ON LUBRICATING OIL. 
(a) GENERAL RULE.—Subpart B of part III of subchapter A of 
chapter 32 (relating to tax on lubricating oil) is hereby repealed. 
26 use 
(b) TECHNICAL AMENDMENTS.— 
409i-4094. 
(1) Subsection (c) of section 4221 is amended by striking out 
26 use 4221. 
"4083, or 4093" and inserting in lieu thereof "or 4083". 
(2) Subsection (d) of section 4222 is amended by striking out 
26 use 4222. 
"4093,". 
(3XA) Section 6206 is amended by striking out "4091 (with 
26 use 6206. 
respect to payments under section 6424)," and by striking out 
"6424," each place it appears in the heading and the text. 
(B) The table of sections for subchapter A of chapter 63 is 
amended by striking out "6424," in the item relating to section 
6206. 
(4) Paragraph (2) of section 6416(b) is amended— 
26 use 6416. 
(A) by striking out subparagraph (N), 
(B) by striking out the next to the last sentence, 
(C) by inserting "or" at the end of subparagraph (L), and 
(D) by striking out "; or" at the end of subparagraph (M) 
and inserting in lieu thereof a period. 
(5) Section 6424 (relating to lubricating oil used for certain 
26 use 6424. 
nontaxable purposes) is hereby repealed. 
(6)(A) Subsection (a) of section 39 is amended by striking out 
26 use 39. 
paragraph (3), by redesignating paragraph (4) as paragraph (3), 
and by inserting "and" at the end of paragraph (2). 
(B) Subsection (b) of section 39 is amended— 
(i) by striking out "section 6421, 6424, or 6427" and 
inserting in lieu thereof "section 6421 or 6427", and 
(ii) by striking out "section 6421(i), 6424(f), or 6427(i)" and 
inserting in lieu thereof "section 6421(i) or 6427(i)". 
(C) The heading for section 39 is amended by striking out 
", SPECIAL FUELS, AND LUBRICATING OIL" and inserting in lieu 
thereof "AND SPECIAL FUELS". 
(D) The table of sections for subpart A of part IV of sub-
chapter A of chapter 1 is amended by striking out ", special 
fuels, and lubricating oil" in the item relating to section 39 and 
inserting in lieu thereof "and special fuels". 
96 STAT. 2182 
. 
PUBLIC LAW 97-424—JAN. 6, 1983 
26 use 874, 
(E) Sections 874(a) and 6201(a)(4) are each amended by strik-
^201- 
ing out ", special fuels, and lubricating oil" and inserting in lieu 
26 use 882. 
(F) Paragraph (2) of section 882(c) is amended by striking out 
"and lubricating oil". 
26 u s e 6421. 
(7) Subparagraph (C) of section 6421(d)(2) is amended by strik-
ing out ", special motor fuels, and lubricating oil" and inserting 
in lieu thereof "and special motor fuels". 
26 use 4101. 
(8) Section 4101 is amended by striking out "or section 4091". 
26 use 4102. 
(9) Section 4102 is amended by striking out "or lubricating 
oils". 
26 use 6504. 
(10) Paragraph (9) of section 6504 is amended by striking out 
"6424 (relating to lubricating oil used for certain nontaxable 
purposes)," and by striking out "6424,". 
26 u s e 6675. 
(11)(A) Subsection (a) of section 6675 is amended by striking 
out "6424 (relating to lubricating oil used for certain nontaxable 
purposes),". 
(B) Paragraph (1) of section 6675(b) is amended by striking out 
"6424,". 
(C) The heading for section 6675 is amended by striking out 
"OR LUBRICATING OIL.". 
(D) The table of sections for subchapter B of chapter 68 is 
amended by striking out "or lubricating oil" in the item relat-
ing to section 6675. 
26 use 7210, 
(12) Sections 7210, 7603, 7604, 7605, 7609(c)(1), and 7610(c) are 
7603-7605, 
each amended by striking out "6424(d)(2)," each place it 
7609,7610. 
appears. 
(13) The table of subparts for part III of subchapter A of 
chapter 32 is amended by striking out the item relating to 
subpart B. 
(14) The table of sections for subchapter B of chapter 65 is 
amended by striking out the item relating to section 6424. 
26 use 39 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
^°^- 
apply with respect to articles sold after the date of the enactment of 
this Act. 
SEC. 516. PERIOD TAXES AND EXEMPTIONS IN EFFECT. 
(a) PERIOD TAXES IN EFFECT.— 
(1) SPECIAL FUELS TAX.— 
Ante, p. 2169. 
(A) Subsection (a) of section 4041 (as amended by this Act) 
is amended by adding at the end thereof the following new 
paragraph: 
"(3) TERMINATION.—On and after October 1, 1988, the taxes 
imposed by this subsection shall not apply." 
(B) Subsection (e) of section 4041 is hereby repealed. 
26 use 4071. 
(2) TIRES AND TREAD RUBBER.—Subsection (d) of section 4071 is 
amended to read as follows: 
"(d) TERMINATION.—On and after October 1, 1988, the taxes 
imposed by subsection (a) shall not apply." 
26 use 4081. 
(3) GASOUNE.—Subsection (b) of section 4081 is amended to 
read as follows: 
"(b) TERMINATION.—On and after October 1, 1988, the taxes 
imposed by this section shall not apply." 
26 use 4481, 
(4) HIGHWAY USE TAX.—Sections 4481(e) and 4482(cX4) are 
4482. 
each amended by striking out "1984" each place it appears and 
inserting in lieu thereof "1988". 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2183 
(5) FLOOR STOCKS TAXES.—Paragraph (1) of section 6412(a) 26 use 6412. 
(relating to floor stocks refunds) is amended— 
(A) by striking out "1985" each place it appears and 
inserting in lieu thereof "1989", and 
(B) by striking out "1984" each place it appears and 
inserting in lieu thereof "1988". 
(6) OTHER PROVISIONS.—Paragraph (2) of section 6156(e) (relat- 26 use 6156, 
ing to installment payments of tax on use of highway motor ^^^^ 
vehicles) and subsection (h) of section 6421 (relating to tax on 
gasoline used for certain nonhighway purposes or by local 
transit systems) are each amended by striking out "1984" and 
inserting in lieu thereof "1988". 
(b) TERMINATION OF EXEMPTIONS.— 
dXA) Subsection (f) of section 4041 is amended by adding at 26 use 404i. 
the end thereof the following new parcigraph: 
"(3) TERMINATION.—On and after October 1, 1988, paragraph 
(1) shall not apply." 
(B) Subsection (g) of section 4041 is amended by adding at the 
end thereof the following new sentence: "Paragraphs (2) and (4) 
shall not apply on and after October 1,1988." 
(2) Subsection (a) of section 4221 (relating to certain tax 26 use 4221. 
resales) is amended by adding at the end thereof the following 
new sentence: "In the case of taxes imposed by section 4051, 
4071, or 4081, paragraphs (4) and (5) shall not apply on and after 
October 1,1988." 
(3) Section 4483 (relating to exemption for highway use tax) is 26 use 4483. 
amended by adding after subsection (d) thereof the following 
new subsection: 
"(e) TERMINATION OP EXEMPTIONS.—Subsections (a) and (c) shall 
not apply on emd after October 1,1988." 
(4) Section 6420 (relating to gasoline used on farms) is 26 use 6420. 
amended by redesignating subsection (h) as subsection (i) and by 
inserting after subsection (g) the following new subsection: 
"(h) TERMINATION.—This section shall apply only with respect to 
gasoline purcheised before October 1,1988. 
(5) Section 6427 is amended by redesignating subsection (k) as 26 use 6427. 
subsection G) and by inserting after subsection (j) the following 
new subsection: 
"(k) TERMINATION OF SUBSECTIONS (a), Ot)), (c), AND (d).—Subsec-
tions (a), (b), (c), and (d) shall only apply with respect to fuels 
purchased before October 1,1988." 
SEC. 
517. TREATMENT OF CERTAIN MOTOR CARRIER OPERATING 
AUTHORITIES ACQUIRED BY TAXPAYERS OTHER THAN 
CORPORATIONS. 
(a) GENERAL RULE.—Paragraph (2) of section 266(c) of the Eco-
nomic Recovery Tax Act of 1981 (relating to stock acquisitions of 26 USC165 note. 
motor carrier operating authorities) is amended by redesignating 
subparagraph (B) as subparagraph (C) and by inserting after subpar-
agraph (A) the following new subparagraph: 
"(B) TREATMENT OF CERTAIN NONCORPORATE TAXPAYERS.— 
Under regulations prescribed by the Secretary of the Treas-
ury or his delegate, and at the election of the holder of the 
authority, in any case in which— 
"(i) a noncorporate teixpayer or group of noncorpor-
ate taxpayers on or before July 1,1980, acquired in one 
purchase stock in a corporation which held, directly or 
96 STAT. 2184 
PUBLIC LAW 97-424—JAN. 6, 1983 
indirectly, any motor carrier operating authority at the 
time of such acquisition, and 
"(ii) the acquisition referred to in clause (i) would 
have satisfied the requirements of subparagraph (A) if 
the stock had been acquired by a corporation, 
then, for purposes of subparagraphs (A) and (C), the noncor-
porate taxpayer or group of noncorporate taxpayers 
referred to in clause (i) shall be treated as a corporation. 
The preceding sentence shall apply only if such noncorpor-
ate taxpayer (or group of noncorporate taxpayers) on July 
1, 1980, held stock constituting control (within the meaning 
26 use 368. 
of section 368(c) of the Internal Revenue Code of 1954) of the 
corporation holding (directly or indirectly) the motor car-
rier operating authority." 
26 use 165 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
note. 
shall apply to taxable years ending after July 30,1980. 
26 use 4081 
SEC. 518. EXTENSION OF PAYMENT DUE DATE FOR CERTAIN FUEL TAXES. 
"° 
(a) 14-DAY EXTENSION.—The Secretary shall prescribe regulations 
which permit any qualified person whose liability for tax under 
section 4081 of the Internal Revenue Code of 1954 is payable with 
respect to semi-monthly periods to pay such tax on or before the day 
which is 14 days after the close of such semi-monthly period if such 
payment is made by wire transfer to any government depository 
26 use 6302. 
authorized under section 6302 of such Code. 
(b) QuAUFiED PERSON DEFINED.—For purposes of this section— 
(1) IN GENERAL.—The term "qualified person" means— 
(A) any person other than any person whose average 
daily production of crude oil for the preceding calendar 
quarter exceeds 1,000 barrels, and 
(B) any independent refiner (within the meaning of sec-
26 use 4995. 
tion 4995(bX4) of such Code). 
(2) AGGREGATION RULES.—For purposes of paragraph (1), in 
determining whether any person's production exceeds 1,000 
barrels per day, rules similar to the rules of section 4992(e) of 
26 use 4992. 
the Internal Revenue Code of 1954 shall apply. 
(c) SPECIAL RULE WHERE 14TH DAY FALLS ON SATURDAY, SUNDAY, 
O
R HouDAY.—If, but for this subsection, the due date under subsec-
tion (a) would fall on a Saturday, Sunday, or a holiday in the District 
of Columbia, such due date shall be deemed to be the immediately 
preceding day which is not a Saturday, Sunday, or such a holiday. 
Subtitle C—Floor Stock Provisions 
26 use 4061 
SEC. 521. FLOOR STOCKS TAXES. 
(a) 1983 TAX ON GASOUNE.—On gasoline subject to tax under 
section 4081 which, on April 1, 1983, is held by a dealer for sale, 
there is hereby imposed a floor stocks tax at the rate of 5 cents a 
gallon. 
Qy) 1984 TAX ON TIRES.—On any article which would be subject to 
Ante, p. 2181. 
tax under section 4071(a) if sold by the manufacturer, producer, or 
importer on or after January 1, 1984, which on January 1, 1984, is 
held by a dealer and has not been used and is intended for sale, 
there shall be imposed a floor stocks tax equal to the excess of the 
amount of tax which would be imposed on such article if it were sold 
by the manufacturer, producer, or importer after January 1, 1984, 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2185 
over the amount of teix imposed under section 4071(a) on the sale of 
^n^, p. 2181. 
such article by the meinufacturer, producer, or importer. 
(c) OVERPAYMENT OF FLOOR STOCKS TAXES.—Section 6416 shall 
apply in respect of the floor stocks taxes imposed by this section, so 
as to entitle, subject to all provisions of section 6416, any person 
pajdng such floor stocks taxes to a credit or refund thereof for any of 
the reasons specified in section 6416. 
(d) DUE DATE OF TAXES.—The taxes imposed by this section shall 
be paid at such time after— 
(1) May 15, 1983, in the case of the tax imposed by subsection 
(a), or 
(2) February 15, 1984, in the case of the tax imposed by 
subsection (b), 
as may be prescribed by the Secretary of the Treasury or his 
delegate. 
(e) TRANSFER OF FLOOR STOCKS TAXES TO HIGHWAY TRUST FUND.— 
For purposes of determining the amount transferred to the Highway 
Trust Fund for any period, the taxes imposed by this section shall be 
treated as if they were imposed by section 4081 or 4071 of the 
Internal Revenue Code of 1954, whichever is appropriate. 
26 use 4081, 
^ 
4071. 
SEC. 522. FLOOR STOCKS REFUNDS. 
26 USC 4061 
(a) GENERAL RULE.— 
(1) IN GENERAL.—Where, before the day after the date of the 
enactment of this Act, any tax-repealed article has been sold by 
the manufacturer, producer, or importer and on such day is 
held by a dealer and has not been used and is intended for sale, 
there shall be credited or refunded (without interest) to the 
manufacturer, producer, or importer an amount equal to the 
tax paid by such manufacturer, producer, or importer on his 
sale of the article if— 
(A) claim for such credit or refund is filed with the 
Secretary of the Treasury or his delegate before October 1, 
1983, based on a request submitted to the manufacturer, 
producer, or importer before July 1,1983, by the dealer who 
held the article in respect of which the credit or refund is 
claimed, and 
(B) on or before October 1,1983, reimbursement has been 
made to the dealer by the manufacturer, producer, or 
importer in an amount equal to the tax paid on the article 
or written consent has been obtained from the dealer to 
allowance of the credit or refund. 
(2) LIMITATION ON EUGIBIIJTY FOR CREDIT OR REFUND.—NO 
manufacturer, producer, or importer shall be entitled to credit 
or refund under paragraph (1) unless he has in his possession 
such evidence of the inventories with respect to which the credit 
or refund is claimed as may be required by regulations pre-
scribed by the Secretary of the Treasury or his delegate under 
this subsection. 
(3) OTHER LAWS APPLICABLE.—All provisions of law, including 
penalties, applicable with respect to the taxes imposed by sec-
tion 4061, 4071, or 4091 (whichever is appropriate) shall, insofar 
as applicable and not inconsistent with paragraphs (1) and (2) of 
this subsection, apply in respect of the credits and refunds 
provided for in paragraph (1) to the same extent as if the credits 
or refunds constituted overpayments of the tax. 
note. 
96 STAT. 2186 
PUBLIC LAW 97-424—JAN. 6, 1983 
(b) REFUNDS WITH RESPECT TO CERTAIN CONSUMER PURCHASES OF 
TRUCKS AND TRAILERS.— 
(1) IN GENERAL.—Except as otherwise provided in paragraph 
(2), where after December 2, 1982, and before the day after the 
- date of the enactment of this Act, a tax-repealed article on 
which tax was imposed by section 4061(a) has been sold to an 
ultimate purchaser, there shall be credited or refunded (without 
interest) to the manufacturer, producer, or importer of such 
article an amount equal to the tax paid by such manufacturer, 
producer, or importer on his sale of the article. 
(2) LIMITATION OF ELIGIBILITY FOR CREDIT OR REFUND.—No 
manufacturer, producer, or importer shall be entitled to a credit 
or refund under paragraph (1) with respect to an article 
unless— 
(A) he has in his possession such evidence of the sale of 
the article to an ultimate purchaser, and of the reimburse-
ment of the tax to such purchaser, as may be required by 
regulations prescribed by the Secretary of the Treasury or 
his delegate under this subsection. 
(B) claim for such credit or refund is filed with the 
Secretary of the Treasury or his delegate before October 1, 
1983, based on information submitted to the manufacturer, 
producer, or importer before July 1, 1983, by the person 
who sold the article (in respect of which the credit or refund 
is claimed) to the ultimate purchaser, and 
(C) on or before October 1, 1983, reimbursement has been 
made to the ultimate purchaser in an amount equal to the 
tax paid on the article. 
(3) OTHER LAWS APPLICABLE.—All provisions of law, including 
penalties, applicable with respect to the taxes imposed by sec-
tion 4061(a) shall, insofar as applicable and not inconsistent 
with paragraph (1) or (2) of this subsection, apply in respect of 
the credits and refunds provided for in paragraph (1) to the 
same extent as if the credits or refunds constituted overpay-
ments of the tax. 
(c) CERTAIN USES BY MANUFACTURER, ETC.—In the case of any 
article which was subject to the tax imposed by section 4061(a) (as in 
effect on the day before the date of the enactment of this Act), any 
tax paid by reason of section 4218(a) (relating to use by manufac-
turer or importer considered sale) with respect to a tax-repealed 
article shall be deemed to be an overpayment of such tax if tax was 
imposed on such article after December 2, 1982, by reason of section 
4218(a). 
(d) TRANSFER OF FLOOR STOCKS REFUNDS FROM HIGHWAY TRUST 
FUND.—The Secretary of the Treasury shall pay from time to time 
from the Highway Trust Fund into the general fund of the Treasury 
amounts equivalent to the floor stocks refunds made under this 
section. 
26 u s e 4061 
SEC. 523. DEFINITIONS AND SPECIAL RULE. 
(a) IN GENERAL.—For purposes of this subtitle— 
(1) The term "dealer" includes a wholesaler, jobber, distribu-
tor, or retailer. 
(2) An article shall be considered as "held by a dealer" if title 
thereto has passed to such dealer (whether or not delivery to 
him has been made) and if for purposes of consumption title to 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2187 
such article or possession thereof has not at any time been 
transferred to any person other than a dealer. 
(3) The term "tax-repealed article" means any article on 
which a tax was imposed by section 4061(a), 4061(b), or section 
4091 as in effect on the day before the date of the enactment of 
this Act, and which will not be subject to tax under section 
4061(a), 4061(b), or 4091 as in effect on the day after the date of 
the enactment of this Act. 
(4) Except as otherwise expressly provided herein, any refer-
ence in this subtitle to a section or other provision shall be 
treated as a reference to a section or other provision of the 
Internal Revenue Code of 1954. 
26 USC 1 et seq. 
(b) 1984 EXTENSION OF FLOOR STOCKS REFUND TO TIRES.— 
(1) IN GENERAL.—In the case of an article on which a tax was 
imposed by section 4071(a) as in effect on December 31, 1983, 
and which will not be subject to tax under such section as in 
effect on January 1, 1984, such article shall be treated as a tax-
repealed article for purposes of subsection (a) of section 522. 
(2) ALLOWANCE OF REFUND.—In the case of a tax-repealed 
article to which paragraph (1) applies, subsection (a) of section 
522 shall be applied— 
(A) by treating January 1, 1984, as the day after the date 
of the enactment of this Act, and 
(B) by substituting "1984" for "1983" each place it 
appears in paragraph (1) of such subsection (a). 
Subtitle D—Highway Trust Fund; Mass Transit 
Account 
SEC. 531. 4-YEAR EXTENSION OF HIGHWAY TRUST FUND; CODIFICATION 
OF TRUST FUND IN INTERNAL REVENUE CODE OF 1954; 
ESTABLISHMENT OF MASS TRANSIT ACCOUNT. 
(a) GENERAL RULE.—Subchapter A of chapter 98 of the Internal 
Revenue Code of 1954 (relating to Trust Fund Code) is amended by 
adding at the end thereof the following new section: 
"SEC. 9503. HIGHWAY TRUST FUND. 
26 USC 9503. 
"(a) CREATION OF TRUST FUND.—There is established in the Treas-
ury of the United States a trust fund to be known as the 'Highway 
Trust Fund', consisting of such amounts as may be appropriated or 
credited to the Highway Trust Fund as provided in this section or 
section 9602(b). 
"(b) TRANSFER TO HIGHWAY TRUST FUND OF AMOUNTS EQUIVALENT 
TO CERTAIN TAXES.— 
"(1) IN GENERAL.—There are hereby appropriated to the High- 
Appropriation 
way Trust Fund amounts equivalent to the taxes received in the authorization. 
Treasury 
before 
October 
1, 1988, under the following 
provisions— 
"(A) section 4041 (relating to taxes on diesel fuels and 
special motor fuels), 
"(B) section 4051 (relating to retail tax on heavy trucks 
and trailers), 
"(C) section 4061 (relating to tax on trucks and truck 
parts). 
96 STAT. 2188 
PUBLIC LAW 97-424—JAN. 6, 1983 
"(D) section 4071 (relating to tax on tires and tread 
rubber), 
"(E) section 4081 (relating to tax on gasoline), 
"(F) section 4091 (relating to tax on lubricating oil), and 
"(G) section 4481 (relating to tax on use of certain 
vehicles). 
"(2) LIABILITIES INCURRED BEFORE OCTOBER i, 1988.—There are 
hereby appropriated to the Highway Trust Fund amounts equiv-
alent to the taxes which are received in the Treasury after 
September 30, 1988, and before July 1, 1989, and which are 
attributable to liability for tax incurred before October 1, 1988, 
under the provisions described in paragraph (1). 
"(3) 
ADJUSTMENTS 
FOR 
AVIATION 
USES.—The 
amounts 
described in paragraphs (1) and (2) with respect to any period 
shall (before the application of this subsection) be reduced by 
appropriate amounts to reflect any amounts transferred to the 
Airport and Airway Trust Fund under section 9502(b) with 
respect to such period. 
"(c) EXPENDITURES FROM HIGHWAY TRUST FUND.— 
"(1) FEDERAL-AID HIGHWAY PROGRAM.—Except as provided in 
subsection (e), amounts in the Highway Trust Fund shall be 
available, as provided by appropriation Acts, for making 
expenditures before October 1,1988, to meet those obligations of 
the United States heretofore or hereafter incurred which are— 
"(A) authorized by law to be paid out of the Highway 
Trust Fund established by section 209 of the Highway 
23 use 120 note. 
Revenue Act of 1956, 
"(B) authorized to be paid out of the Highway Trust Fund 
under title I or II of the Surface Transportation Assistance 
Ante, pp. 2097, 
Act of 1982, or 
^^^^- 
"(C) hereafter authorized by a law which does not author-
ize the expenditure out of the Highway Trust Fund of any 
amount for a general purpose not covered by subparagraph 
(A) or (B) as in effect on December 31,1982. 
"(2) 
TRANSFERS FROM HIGHWAY TRUST FUND FOR CERTAIN 
REPAYMENTS AND CREDITS.— 
"(A) IN GENERAL.—The Secretary shall pay from time to 
time from the Highway Trust Fund into the general fund of 
the Treasury amounts equivalent to— 
"(i) the amounts paid before July 1, 1989, under— 
"(I) section 6420 (relating to amoimts paid in 
respect of gasoline used on farms), 
(II) section 6421 (relating to amounts paid in 
respect of gasoline used for certain nonhighway 
purposes or by local transit systems), 
"(III) section 6424 (relating to amounts paid in 
respect of lubricating oil used for certain nontaxa-
ble purposes), and 
"(IV) section 6427 (relating to fuels not used for 
taxable purposes), 
on the basis of claims flled for periods ending before 
October 1,1988, and 
"(ii) the credits allowed under section 39 (relating to 
credit for certain uses of gasoline, special fuels, and 
lubricating oil) with respect to gasoline, special fuels, 
and lubricating oil used before October 1,1988. 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2189 
"(B) TRANSFERS BASED ON ESTIMATES.—Transfers under 
subparagraph (A) shall be made on the basis of estimates by 
the Secretary, and proper adjustments shall be made in 
amounts subsequently transferred to the extent prior esti-
mates were in excess or less than the amounts required to 
be transferred. 
"(C) EXCEPTION FOR USE IN AIRCRAFT AND MOTORBOATS.— 
This paragraph shall not apply to amounts estimated by the 
Secretary as attributable to use of gasoline and special fuels 
in motorboats or in aircraft. 
"(3) 1988 FLOOR STOCKS REFUNDS.—The Secretary shall pay 
from time to time from the Highway Trust Fund into the 
general fund of the Treasury amounts equivalent to the floor 
stocks refunds made before July 1, 1989, under section 6412(a). 
"(4) TRANSFERS FROM THE TRUST FUND FOR MOTORBOAT FUEL 
TAXES.— 
"(A) 
TRANSFER TO NATIONAL RECREATIONAL BOATING 
SAFETY AND FACILITIES IMPROVEMENT FUND.— 
"(i) IN GENERAL.—The Secretary shall pay from time 
to time from the Highway Trust Fund into the 
National Recreational Boating Safety and Facilities 
Improvement Fund established by section 202 of the 
Recreational Boating Fund Act amounts (as deter- 46 USC 1479a. 
mined by him) equivalent to the motorboat fuel taxes 
received on or after October 1,1980, and before October 
1,1988. 
"(ii) LIMITATIONS.— 
"(I) 
LIMIT ON TRANSFERS DURING ANY FISCAL 
YEAR.—The aggregate amount transferred under 
this subparagraph during any fiscal year shall not 
exceed $45,000,000. 
"(II) 
LIMIT ON AMOUNT IN FUND.—No amount 
shall be transferred under this subparagraph if the 
Secretary determines that such transfer would 
result in increasing the amount in the National 
Recreational 
Boating 
Safety 
and 
Facilities 
Improvement 
Fund to a sum in excess of 
$45,000,000. 
"(B) 
EXCESS FUNDS TRANSFERRED TO LAND AND WATER 
CONSERVATION FUND.—Any amount received in the High-
way Trust Fund which is attributable to motorboat fuel 
taxes and which is not transferred from the Highway Trust 
Fund under subparagraph (A) shall be transferred by the 
Secretary from the Highway Trust Fund into the land and 
water conservation fund provided for in title I of the Land 
and Water Conservation Fund Act of 1965. 
16 USC 460Z-4 
"(C) MOTORBOAT FUEL TAXES.—For purposes of this para- ^ ^ ^°*®-
graph, the term 'motorboat fuel taxes' means the taxes 
under section 4041(aX2) with respect to special motor fuels Ante, p. 2169. 
used as fuel in motorboats and under section 4081 with 
respect to gasoline used as fuel in motorboats. 
'(d) ADJUSTMENTS OF APPORTIONMENTS.— 
"(1) ESTIMATES OP UNFUNDED HIGHWAY AUTHORIZATIONS AND 
NET HIGHWAY RECEIPTS.—The Secretary of the Treasury, not less 
frequently than once in each calendar quarter, after consulta-
tion with the Secretary of Transportation, shall estimate— 
96 STAT. 2190 
PUBLIC LAW 97-424—JAN. 6, 1983 
"(A) the amount which would (but for this subsection) be 
the unfunded highway authorizations at the close of the 
next fiscal year, and 
"(B) the net highway receipts for the 24-month period 
beginning at the close of such fiscal year. 
"(2) PROCEDURE WHERE THERE IS EXCESS UNFUNDED HIGHWAY 
AUTHORIZATIONS.—If the Secretary of the Treasury determines 
for any fiscal year that the amount described in paragraph 
(1)(A) exceeds the amount described in paragraph (1)(B)— 
"(A) he shall so advise the Secretary of Transportation, 
and 
"(B) he shall further advise the Secretary of Transporta-
tion as to the amount of such excess. 
"(3) 
ADJUSTMENT OF APPORTIONMENTS WHERE UNFUNDED 
AUTHORIZATIONS EXCEED 2 YEARS* RECEIPTS.— 
"(A) DETERMINATION OF PERCENTAGE.—If, before any 
apportionment to the States is made, in the most recent 
estimate made by the Secretary of the Treasury there is an 
excess referred to in paragraph (2)(B), the Secretary of 
Transportation shall determine the percentage which— 
"(i) the excess referred to in paragraph (2XB), is of 
"(ii) the amount authorized to be appropriated from 
the Trust Fund for the fiscal year for apportionment to 
the States. 
If, but for this sentence, the most recent estimate would be 
one which was made on a date which will be more than 3 
months before the date of the apportionment, the Secretary 
of the Treasury shall make a new estimate under para-
graph (1) for the appropriate fiscal year. 
"(B) ADJUSTMENT OF APPORTIONMENTS.—If the Secretary 
of Transportation determines a percentage under subpara-
graph (A) for purposes of any apportionment, notwith-
standing any other provision of law, the Secretary of 
Transportation shall apportion to the States (in lieu of the 
amount which, but for the provisions of this subsection, 
would be so apportioned) the amount obtained by reducing 
the amount authorized to be so apportioned by such 
percentage. 
"(4) APPORTIONMENT OF AMOUNTS PREVIOUSLY WITHHELD FROM 
APPORTIONMENT.—If, after funds have been withheld from 
apportionment under paragraph (3)(B), the Secretary of the 
Treasury determines that the amount described in paragraph 
(1)(A) does not exceed the amount described in paragraph (1)(B) 
or that the excess described in paragraph (IXB) is less than the 
amount previously determined, he shall so advise the Secretary 
of Transportation. The Secretary of Transportation shall appor-
tion to the States such portion of the funds so withheld from 
apportionment as the Secretary of the Treasury has advised 
him may be so apportioned without causing the amount 
described in paragraph (IXA) to exceed the amount described in 
paragraph (IXB). Any funds apportioned pursuant to the preced-
ing sentence shall remain available for the period for which 
they would be available if such apportionment took effect with 
the fiscal year in which they are apportioned pursuant to the 
preceding sentence. 
"(5) DEFINITIONS.—For purposes of this subsection— 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2191 
"(A) UNFUNDED HIGHWAY AUTHORIZATIONS.—The term 
'unfunded highway authorizations' means, at any time, the 
excess (if any) o
f
— 
"(i) the total potential unpaid commitments at such 
time as a result of the apportionment to the States of 
the amounts authorized to be appropriated from the 
Highway Trust Fund, over 
"(ii) the amount available in the Highway Trust 
Fund at such time to defray such commitments (after 
all other unpaid commitments at such time which are 
payable from the Highway Trust Fund have been 
defrayed). 
"(B) NET HIGHWAY RECEIPTS.—The term 'net highway 
receipts' means, with respect to any period, the excess o
f
— 
"(i) the receipts (including interest) of the Highway 
Trust Fund during such period, over 
"(ii) the amounts to be transferred during such 
period from such Fund under subsection (c) (other than 
paragraph (1) thereof). 
"(6) REPORTS.—Any estimate under paragraph (1) and any 
Submittal to 
determination under paragraph (2) shall be reported by the 
congressional 
Secretary of the Treasury to the Committee on Ways and Means 
of the House of Representatives, the Committee on Finance of 
the Senate, the Committees on the Budget of both Houses, the 
Committee on Public Works and Transportation of the House of 
Representatives, and the Committee on Environment and 
Public Works of the Senate. 
"(e) ESTABLISHMENT OF MASS TRANSIT ACCOUNT.— 
"(1) CREATION OF ACCOUNT.—There is established in the High-
way Trust Fund a separate account to be known as the 'Mass 
Transit Account' consisting of such amounts as may be trans-
ferred or credited to the Mass Transit Account as provided in 
this subsection or section 9602(b). 
"(2) TRANSFERS TO MASS TRANSIT ACCOUNT.—The Secretary of 
the Treasury shall transfer to the Mass Transit Account one-
ninth of the amounts appropriated to the Highway Trust Fund 
under subsection (b) which are attributable to taxes under 
sections 4041 and 4081 imposed after March 31,1983. 
"(3) EXPENDITURES FROM ACCOUNT.—Amounts in the Mass 
Transit Account shall be available, as provided by appropriation 
Acts, for making capital expenditures before October 1, 1988 
(including capital expenditures for new projects) in accordance 
with section 21(aX2) of the Urban Mass Transportation Act of 
1964. 
49 use 1617. 
"(4) LIMITATION.—Rules similar to the rules of subsection (d) 
shall apply to the Mass Transit Account except that subsection 
(d)(1) shall be applied by substituting '12-month' for '24-month'." 
(b) REPEAL OF SECTION 209 OF THE HIGHWAY REVENUE ACT OF 
1956.—Section 209 of the Highway Revenue Act of 1956 (other than 
23 USC 120 note. 
subsection (b) thereof) is hereby repealed. 
(c) CONFORMING AMENDMENTS TO LAND AND WATER CONSERVATION 
FUND.—Subsection (b) of section 201 of the Land and Water Conser-
vation Fund Act of 1965 (16 U.S.C. 4601-11) is amended— 
16 USC 460/-11. 
(1) by striking out "1985" each place it appears and inserting 
in lieu thereof "1989"; and 
(2) by striking out "1984" and inserting in lieu thereof "1988" 
96 STAT. 2192 
PUBLIC LAW 97-424—JAN. 6, 1983 
(d) CLERICAL AMENDMENT.—The table of sections for subchapter A 
of chapter 98 of such Code is amended by adding at the end thereof 
the following new item: 
"Sec. 9503. Highway Trust Fund." 
26 use 9503 
(e) EFFECTIVE DATE; SAVING PROVISION.— 
^°^- 
(1) IN GENERAL.—The amendments made by this section shall 
take effect on January 1,1983. 
(2) NEW HIGHWAY TRUST FUND TREATED AS CONTINUATION OF 
OLD.—The Highway Trust Fund established by the amendments 
made by this section shall be treated for all purposes of law as 
the continuation of the Highway Trust Fund established by 
23 use 120 note. 
section 209 of the Highway Revenue Act of 1956. Any reference 
in any law to the Highway Trust Fund established by such 
section 209 shall be deemed to include (wherever appropriate) a 
reference to the Highway Trust Fund established by the amend-
ments made by this section. 
Subtitle E—Miscellaneous Provisions 
26 use 168. 
SEC. 541. TAX TREATMENT OF PUBLIC UTILITY PROPERTY. 
(a) NORMALIZATION METHOD FOR PURPOSES OF DEPRECIATION.— 
(1) IN GENERAL.—Paragraph (3) of section 168(e) (relating to 
special rule for certain public utility property) is amended by 
redesignating subparagraph (C) as subparagraph (D) and by 
inserting 
after 
subparagraph 
(B) the 
following 
new 
subparagraph: 
"(C) USE OF INCONSISTENT ESTIMATES AND PROJECTIONS, 
ETC.— 
"(i) IN GENERAL.—One way in which the require-
ments of subparagraph (B) are not met is if the tax-
payer, for ratemaking purposes, uses a procedure or 
adjustment which is inconsistent with the require-
ments of subparagraph (B). 
"(ii) USE OF INCONSISTENT ESTIMATES AND PROJEC-
TIONS.—The procedures and adjustments which are to 
be treated as inconsistent for purposes of clause (i) shall 
include any procedure or adjustment for ratemaking 
purposes which uses an estimate or projection of the 
taxpayer's tax expense, depreciation expense, or 
reserve for deferred taxes under subparagraph (BXii) 
unless such estimate or projection is also used, for 
ratemaking purposes, with respect to the other 2 such 
items and with respect to the rate base. 
"(iii) REGULATORY AUTHORITY.—The Secretary may 
by regulations prescribe procedures and adjustments 
(in addition to those specified in clause (ii)) which are to 
be treated as inconsistent for purposes of clause (i).". 
26 use 167. 
(2) AMENDMENT TO SECTION 167 (1).—Subparagraph (G) of sec-
tion 167(1)(3) (defining normalization method of accounting) is 
amended by adding at the end thereof the following new sen-
tence: "For purposes of this subparagraph, rules similar to the 
rules of section 168(e)(3)(C) shall apply." 
(b) COMPUTATIONS FOR PURPOSES OF INVESTMENT CREDIT.—Subsec-
26 use 46. 
tion (f) of section 46 (relating to limitation in case of certain 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2193 
regulated companies) is amended by adding at the end thereof the 
following new paragraph: 
"(10) USE OF INCONSISTENT ESTIMATES AND PROJECTIONS, ETC., 
FOR PURPOSES OF PARAGRAPHS (1) AND (2).— 
"(A) IN GENERAL,—One way in which the requirements of 
paragraph (1) or (2) are not met is if the taxpayer, for 
ratemaking purposes, uses a procedure or adjustment 
which is inconsistent with the requirements of paragraph 
(1) or paragraph (2), as the case may be. 
"(B) USE OF INCONSISTENT ESTIMATES AND PROJECTIONS.— 
The procedures and adjustments which are to be treated as 
inconsistent for purposes of subparagraph (A) shall include 
any procedure or adjustment for ratemaking purposes 
which uses an estimate or projection of the taxpayer's 
qualified investment for purposes of the credit allowable by 
section 38 unless such estimate or projection is consistent 
with the estimates and projections of property which are 
used, for ratemaking purposes, with respect to the tax-
payer's depreciation expense and rate base. 
"(C) REGULATORY AUTHORITY.—The Secretary may by reg-
ulations prescribe procedures and adjustments (in addition 
to those specified in subparagraph (B)) which are to be 
treated as inconsistent for purposes of subparagraph (A)." 
(c) EFFECTIVE DATES.— 
26 use 46 note. 
(1) GENERAL RULE.—The amendments made by subsections (a) 
and (b) shall apply to taxable years beginning after December 
31,1979. 
(2) SPECIAL RULE FOR PERIODS BEGINNING BEFORE MARCH i, 
1980.— 
(A) IN GENERAL.—Subject to the provisions of paragraphs 
(3) and (4), notwithstanding the provisions of sections 167(1) 
and 46(f) of the Internal Revenue Code of 1954 and of any 
26 USC 167, 
regulations prescribed by the Secretary of the Treasury (or ^^• 
his delegate) under such sections, the use for ratemaking 
purposes or for reflecting operating results in the taxpay-
er's regulated books of account, for any period before March 
1,1980, of— 
(i) any estimates or projections relating to the 
amounts of the taxpayer's tax expense, depreciation 
expense, deferred tax reserve, credit allowable under 
section 38 of such code, or rate base, or 
(ii) any adjustments to the taxpayer's rate of return, 
shall not be treated £is inconsistent with the requirements 
of subparagraph (G> of such section 167(1X3) nor inconsist- 
Ante, p. 2192. 
ent with the requirements of paragraph (1) or (2) of such 
section 46(f), where such estimates or projections, or such 
rate of return adjustments, were included in a qualified 
order. 
(B) QUAUFIED ORDER DEFINED.—For purposes of this sub-
section, the term "qualified order" means an order— 
(i) by a public utility commission which was entered 
before March 13,1980, 
(ii) which used the estimates, projections, or rate of 
return adjustments referred to in subparsigraph (A) to 
determine the smiount of the rates to be collected by 
96 STAT. 2194 
PUBLIC LAW 97-424—JAN. 6, 1983 
the taxpayer or the amount of a refund with respect to 
rates previously collected, and 
(iii) which ordered such rates to be collected or 
refunds to be made (whether or not such order actually 
was implemented or enforced). 
(3) LIMITATIONS ON APPLICATION OF PARAGRAPH (2).— 
(A) PARAGRAPH (2) NOT TO APPLY TO AMOUNTS ACTUALLY 
FLOWED THROUGH.—Paragraph (2) shall not apply to the 
amount of any— 
(i) rate reduction, or 
(ii) refund, 
which was actually made pursuant to a qualified order. 
(B) 
TAXPAYER MUST ENTER INTO CLOSING AGREEMENT 
BEFORE PARAGRAPH (2) APPUES.—Paragraph (2) shall not 
apply to any taxpayer unless, before the later of— 
(i) July 1,1983, or 
(ii) 6 months after the refunds or rate reductions are 
actually made pursuant to a qualified order, 
the taxpayer enters into a closing agreement (within the 
meaning of section 7121 of the Internal Revenue Code of 
26 use 7121. 
1954) which provides for the payment by the taxpayer of 
the amount of which paragraph (2) does not apply by reason 
of subparagraph (A). 
(4) SPECIAL RULES RELATING TO PAYMENT OF REFUNDS OR INTER-
EST BY THE UNITED STATES OR THE TAXPAYER.— 
(A) REFUND DEFINED.—For purposes of this subsection, 
the term "refund" shall include any credit allowed by the 
taxpayer under a qualified order but shall not include 
interest payable with respect to any refund (or credit) under 
such order. 
(B) No INTEREST PAYABLE BY UNITED STATES.—No interest 
' 
shall be payable under section 6611 of the Internal Revenue 
26 use 6611. 
Code of 1954 on any overpayment of tax which is attributa-
ble to the application of paragraph (2). 
(C) PAYMENTS MAY BE MADE IN TWO EQUAL INSTALL-
MENTS.— 
(i) IN GENERAL.—The taxpayer may make any pay-
ment required by reason of paragraph (3) in 2 equal 
installments, the first installment being due on the last 
date on which a taxpayer may enter into a closing 
agreement under paragraph (3XB), and the second pay-
ment being due 1 year after the last date for the first 
payment. 
(ii) INTEREST PAYMENTS.—For purposes of section 6601 
of such Code, the last date prescribed for pajmient with 
respect to any pajonent required by reason of para-
graph (3) shall be the last date on which such pa)mient 
is due under clause (i). 
(5) No INFERENCE.—The application of subparagraph (G) of 
Ante, p. 2192. 
section 167(1X3) of the Internal Revenue Code of 1954, and the 
application of paragraphs (1) and (2) of section 46(f) of such 
Code, to taxable years beginning before January 1, 1980, shall 
be determined without any inference drawn from the amend-
ments made by subsections (a) and (b) of this section or from the 
rules contained in parsigraphs (2), (3), and (4). Nothing in the 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2195 
preceding sentence shall be construed to limit the relief pro-
vided by paragraphs (2), (3), and (4). 
SEC. 542. NO RETURN REQUIRED OF INDIVIDUAL WHOSE ONLY GROSS 
26 USC 6012 
INCOME IS GRANT OF $1,000 FROM STATE. 
note. 
(a) IN GENERAL.—Nothing in section 6012(a) of the Internal Reve-
nue Code of 1954 shall be construed to require the filing of a return 
with respect to income taxes under subtitle A of such code by an 
individual whose only gross income for the taxable year is a grant of 
$1,000 received from a State which made such grants generally to 
residents of such State. 
(b) EFFECTIVE DATE.—Subsection (a) shall apply to taxable years 
beginning after December 31, 1981. 
SEC. 543. DEDUCTION FOR CONVENTIONS ON CRUISE SHIPS. 
(a) IN GENERAL.—Subsection (h) of section 274 (relating to disal- 
26 USC 274. 
lowance of certain entertainment, etc., expenses) is amended— 
(1) by striking out the period at the end of paragraph (2) and 
inserting in lieu thereof a comma and the following: "unless the 
taxpayer meets the requirements of paragraph (5) and estab-
lishes that the meeting is directly related to the active conduct 
of his trade or business or to an activity described in section 212 
and that— 
"(A) the cruise ship is a vessel registered in the United 
States; and 
"(B) all ports of call of such cruise ship are located in the 
United States or in possessions of the United States. 
With respect to cruises beginning in any calendar year, not more 
than $2,000 of the expenses attributable to an individual attending 
one or more meetings may be taken into account under section 162 
or 212 by reason of the preceding sentence.", and 
(2) by adding at the end thereof the following 
new 
paragraph: 
"(5) REPORTING REQUIREMENTS.—No deduction shall be allowed 
under section 162 or 212 for expenses allocable to attendance at a 
convention, seminar, or similar meeting on any cruise ship unless 
the taxpayer claiming the deduction attaches to the return of tax on 
which the deduction is claimed— 
"(A) a written statement signed by the individual attending 
Written 
the meeting which includes— 
statement, 
"(i) information with respect to the total days of the trip, 
excluding the days of transportation to and from the cruise 
ship port, and the number of hours of each day of the trip 
which such individual devoted to scheduled business 
activities, 
"(ii) a program of the scheduled business activities of the 
meeting, and 
"(iii) such other information as may be required in regu-
lations prescribed by the Secretary; and 
"(B) a written statement signed by an officer of the organiza-
tion or group sponsoring the meeting which includes— 
"(i) a schedule of the business activities of each day of the 
meeting, 
"(ii) the number of hours which the individual attending 
the meeting attended such scheduled business activities, 
and 
"(iii) such other information as may be required in regu-
lations prescribed by the Secretary." 
97-200 O—84—pt. 2 
27 : QL3 
96 STAT. 2196 
PUBLIC LAW 97-424—JAN. 6, 1983 
Effective date. 
(b) The amendments made by this section shall apply to taxable 
26 use 274 note. ^^^^.^ beginning after December 31, 1982. 
SEC. 544. ADDITIONAL WEEKS OF FEDERAL SUPPLEMENTAL COMPENSA-
TION. 
(a) Section 602(e) of the Tax Equity and Fiscal Responsibility Act 
Ante, p. 702. 
of 1982 is amended— 
(1) in paragraph (2)(A)(i), by striking out "50" and inserting in 
lieu thereof "65"; 
(2) in paragraph (2)(A)(ii), by striking out "6" and inserting in 
lieu thereof "8"; and 
(3) by striking out subparagraphs (B) and (C) of paragraph (2) 
and inserting in lieu thereof the following: 
"(B) In the case of any State, subparagraph (A) shall be applied— 
"(i) with respect to weeks during a higher unemployment 
period, by substituting '16' for '8' in clause (ii) thereof; 
"(ii) with respect to weeks which are not during a higher 
unemployment period and which are weeks beginning on or 
after the first week of an extended benefit period (which was in 
effect under the Federal-State Extended Unemployment Com-
26 use 3304 
pensation Act of 1970 for any week beginning on or after June 
^°^- 
1, 1982, on or before the date of the enactment of the Highway 
Ante, p. 2168. 
Revenue Act of 1982, and before the week for which the compen-
sation is paid), by substituting '14' for '8' in clause (ii) thereof; 
"(iii) with respect to weeks during a high unemployment 
period, or which would be weeks described in clause (ii) except 
that the extended benefit period began after the date of enact-
ment of the Highway Revenue Act of 1982, by substituting '12' 
for '8' in clause (ii) thereof; and 
"(iv) with respect to weeks during an intermediate unemploy-
ment period, by substituting '10' for '8'. 
"Higher 
"(C) For purposes of subparagraph (B), the term 'higher unemploy-
unemployment 
ment period' means, with respect to any State, the period— 
^^^° ' 
"(i) which begins with the third week after the first week in 
which the rate of insured unemployment in the State for the 
period consisting of such week and the immediately preceding 
12 weeks equals or exceeds 6.0 percent, and 
"(ii) which ends with the third week after the first week in 
which the rate of insured unemployment in the State for the 
period consisting of such week and the immediately preceding 
12 weeks is less than 6.0 percent; 
except that no higher unemployment period shall last for a period of 
less than 4 weeks. 
"High 
"(D) For purposes of subparagraph (B), the term 'high unemploy-
unemployment 
ment period' means, with respect to any State, the period— 
^®"° • 
"(i) which begins with the third week after the first week in 
which the rate of insured unemployment in the State for the 
period consisting of such week and the immediately preceding 
12 weeks equals or exceeds 4.5 percent but is less than 6.0 
percent, and 
"(ii) which ends with the third week after the first week in 
which the rate of insured unemployment in the State for the 
period consisting of such week and the immediately preceding 
12 weeks is less than 4.5 percent or equals or exceeds 6.0 
percent; 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2197 
except that no high unemployment period shall last for a period of 
less than 4 weeks unless such State enters a higher unemployment 
period or a period described in subparagraph (B)(ii). 
"(E) For purposes of subparagraph (B), the term 'intermediate 
"intermediate 
unemployment period' means with respect to any State, the 
peri3'"°^^^"* 
period— 
"(i) which begins with the third week after the first week in 
which the rate of insured unemployment in the State for the 
period consisting of such week and the immediately preceding 
12 weeks equals or exceeds 3.5 percent but is less than 4.5 
percent, and 
"(ii) which ends with the third week after the first week in 
which the rate of insured unemployment in the State for the 
period consisting of such week and the immediately preceding 
12 weeks is less than 3.5 percent or equals or exeeds 4.5 percent; 
except that no intermediate unemployment period shall last for a 
period of less that 4 weeks unless such State enters a high unem-
ployment period, a higher unemployment period, or a period 
described in subparagraph (B) (ii) or (iii). 
"(F) For purposes of this subsection, the rate of insured unemploy-
ment for any period shall be determined in the same manner as 
determined for purposes of section 203 of the Federal-State Extended 
Unemployment Compensation Act of 1970. 
26 USC 3304 
"(3) The amount of Federal supplemental compensation payable to 
note. 
an eligible individual shall not exceed the amount in such individ-
ual's account established under this subsection." 
(b) The amendments made by subsection (a) shall apply to Federal 
26 use 3304 
supplemental compensation payable for weeks beginning on or after 
" 
the date of the enactment of this Act. In the case of any eligible 
individual to whom any Federal supplemental compensation was 
payable for any week beginning prior to such date of enactment and 
who exhausted his rights to such compensation (by reason of the 
payment of all the amount in his Federal supplemental compensa-
tion account) prior to the first week beginning on or after such date 
of enactment, such individual's eligibility for additional weeks of 
compensation by reason of the amendments made by this section 
shall not be limited or terminated by reason of any event, or failure 
to meet any requirement of law relating to eligibility for unemploy-
ment compensation, occurring after the date of such exhaustion of 
rights and prior to the date of the enactment of this Act (and such 
weeks shall not be counted for purposes of determining the expira-
tion of the two years following the end of his benefit year for 
purposes of section 602(b) of the Tax Equity and Fiscal Responsi-
bility Act of 1982). 
Ante, p. 702. 
(c) The Secretary of Labor shall, at the earliest practicable date 
after the date of the enactment of this Act, propose to each State 
with which he has in effect an agreement under section 602 of the 
Tax Equity and Fiscal Responsibility Act of 1982 a modification of 
such agreement designed to provide for the payment of Federal 
supplemental compensation under such Act in accordance with the 
amendments made by this Act. Notwithstanding any other provision 
of law, if any State fails or refuses, within the three-week period 
beginning on the date the Secretary of Labor proposes such a 
modification to such State, to enter into such a modification of such 
agreement, the Secretary of Labor shall terminate such agreement 
96 STAT. 2198 
PUBLIC LAW 97-424—JAN. 6, 1983 
Post, p. 2411. 
42 u s e 1382a. 
42 u s e 602. 
Effective 
date. 
42 u s e 602 note. 
Report to 
eongress. 
42 u s e 602 
note. 
42 u s e 1382a, 
602. 
26 u s e 48. 
effective with the end of the last week which ends on or before such 
three-week period. 
(d) Paragraph (3) of section 602(d) of the Tax Equity and Fiscal 
Responsibility Act of 1982 (as added by section 310 of the Technical 
Corrections Act of 1982) is amended by striking out "the number '6', 
*8', or '10', whichever is applicable" and inserting in lieu thereof 
"the number applicable". 
SEC. 545. EXCLUSION OF CERTAIN HOME ENERGY ASSISTANCE FROM 
INCOME UNDER SSI AND AFDC. 
(a) Section 1612(b) of the Social Security Act is amended— 
(1) by striking out "and" at the end of paragraph (11); 
(2) by striking out the period at the end of paragraph (12) and 
inserting in lieu thereof "; and"; and 
(3) by adding at the end thereof the following new paragraph: 
"(13) any assistance received to assist in meeting the costs of 
home energy, including both heating and cooling, which (as 
determined under regulations of the Secretary by such State 
agency as the chief executive officer of the State may designate) 
(A) is based on need for such assistance, and (B) is (i) assistance 
furnished in kind by a private nonprofit agency, or (ii) assistance 
furnished by a supplier of home heating oil or gas, by an entity 
providing home energy whose revenues are primarily derived on 
a rate-of-return basis regulated by a State or Federal govern-
mental entity, or by a municipal utility providing home energy." 
(b) Section 402(a) of such Act is amended— 
(1) by striking out "and" at the end of paragraph (34); 
(2) by striking out the period at the end of paragraph (35) and 
inserting in lieu thereof "; and"; and 
(3) by adding at the end thereof the following new paragraph: 
"(36) provide, at the option of the State, that in making the 
determination for any month under paragraph (7) the State 
agency shall not include as income any assistance received to 
assist in meeting the costs of home energy, including both 
heating and cooling, which (as determined under regulations of 
the Secretary by such State agency as the chief executive officer 
of the State may designate) (A) is based on need for such 
assistance, and (B) is (i) assistance furnished in kind by a private 
nonprofit agency, or (ii) assistance furnished by a supplier of 
home heating oil or gas, by an entity whose revenues are 
primarily derived on a rate-of-return basis regulated by a State 
or Federal governmental entity, or by a municipal utility pro-
viding home energy.". 
(c) The amendments made by subsections (a) and (b) shall be 
effective with respect to home energy assistance received in months 
beginning on or after the date of the enactment of this Act and prior 
to July 1,1985. 
(d) The Secretary of Health and Human Services shall submit a 
report to the Congress, prior to April 1, 1985, on the implementation 
and results of the provisions of sections 1612(b)(13) and 402(a)(36) of 
the Social Security Act, including any recommendations with 
respect to whether such provisions should be extended in the same 
or modified form or allowed to expire. 
SEC. 546. MODIFICATIONS TO CHLOR-ALKALI ELECTROLYTIC CELLS. 
(a) Paragraph (5) of section 48(1) (defining specially defined energy 
property) is amended— 
PUBLIC LAW 97-424—JAN. 6, 1983 
96 STAT. 2199 
(1) by striking out "or" at the end of subparagraph (L), 
(2) by redesignating subparagraph (M) as subparagraph (N) 
and by inserting after subparagraph (L) the following new 
subparagraph: 
"(M) modifications to chlor-alkali electrolytic cells, or"; and 
(3) by striking out "(M)" in the second sentence and inserting 
in lieu thereof "(N)". 
(b) The table contained in clause (i) of section 46(a)(2)(C) (relating 
26 USC 46. 
to amount of credit) is amended by adding at the end thereof the 
following new subsection: 
"VII. 
CHLOR-ALKALI ELEC-
TROLYTIC CELLS—Property 
described in section 
48(1)(5)(M) 
Jan. 1, 1980 Dec. 31, 1982." 
10 percent 
SEC. 
5
4
7
. 
INTEREST 
EXEMPT 
OTHER 
THAN 
UNDER 
THE 
INTERNAL 
REVE-
NUE 
CODE 
OF 
1
9
5
4
. 
(a) IN GENERAL.—Section 103 (relating to interest on certain 
Ante, p. 469. 
governmental obligations) is amended by redesignating subsection 
(m) as subsection (n) and by inserting after subsection (1) the follow-
ing new subsection: 
"(m) OBLIGATIONS EXEMPT OTHER THAN UNDER THIS TITLE.— 
"(1) PRIOR EXEMPTIONS.—For purposes of this title, notwith-
standing any provisions of this section or section 103A any 
obligation the interest on which is exempt from taxation under 
this title under any provision of law which is in effect on the 
date of the enactment of this subsection (other than a provision 
of this title) shall be treated as an obligation described in 
subsection (a). 
"(2) No OTHER INTEREST TO BE EXEMPT EXCEPT AS PROVIDED BY 
THIS TITLE.—Notwithstanding any other provision of law, no 
interest on any obligation shall be exempt from taxation under 
this title unless such interest— 
"(A) is on an obligation described in paragraph (1), or 
"(B) is exempt from taxation under any provision of this 
title.". 
(b) CONFORMING AMENDMENTS.— 
(1) Section 851(b) (relating to definition of regulated invest- 
26 USC 851. 
ment company) is amended by striking out "103(a)(1)" and 
inserting in lieu thereof "103(a)". 
(2) Section 852 (relating to taxation of regulated investment 
26 USC 852. 
companies and their shareholders) is amended by striking out 
"103(a)(1)" each place it appears and inserting in lieu thereof 
"103(a)". 
96 STAT. 2200 
PUBLIC LAW 97-424—JAN. 6, 1983 
Ante, p. 580. 
(3) Section 3454(aX2XB) (relating to definitions of interest, 
dividend, and patronage dividends) is amended by striking out 
"law" and inserting in lieu thereof "this title". 
Ante, p. 591. 
(4) Section 6049(b)(2)(B) (relating to returns regarding pay-
ments of interest) is amended by striking out "law" and insert-
ing in lieu thereof "this title". 
26 use 6362. 
(5) Section 6362(b)(4)(A) (relating to qualified State individual 
income taxes) is amended by striking out "103(a)(1)" and insert-
ing in lieu thereof "103(a)". 
Approved January 6, 1983. 
LEGISLATIVE HISTORY—H.R. 6211: 
HOUSE REPORTS: No. 97-555 (Comm. on Public Works and Transportation) and No. 
97-987 (Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
Dec. 6, considered and passed House. 
Dec. 10, 13-16, 19-21, considered and passed Senate, amended. 
Dec. 21, House agreed to conference report. 
Dec. 21, 23, Senate considered and agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 1 (1983): 
Jan. 6, Presidential statement.